utility unit

(17) (A) The term “utility unit” means— (i) a unit that serves a generator in any State that produces electricity for sale, or (ii) a unit that, during 1985, served a generator in any State that produced electricity for sale. (B) Notwithstanding subparagraph (A), a unit described in subparagraph (A) that— (i) was in commercial operation during 1985, but (ii) did not, during 1985, serve a generator in any State that produced electricity for sale shall not be a utility unit for purposes of this subchapter. (C) A unit that cogenerates steam and electricity is not a “utility unit” for purposes of this subchapter unless the unit is constructed for the purpose of supplying, or commences construction after November 15, 1990 , and supplies, more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale.

Source

42 USC § 7651a(17)


Scoping language

for purposes of this subchapter
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