225 CMR 16.02
Definitions
Aggregation. A group of one or more Generation Units that receives a single Statement of
Qualification from the Department under criteria and procedures set forth in 225 CMR 16.05(3).
Alternative Compliance Credit. A credit obtained by a Retail Electricity Supplier upon making
an Alternative Compliance Payment. Such credit may be used to document compliance with
225 CMR 16.07. One unit of credit shall be equivalent to the APS Alternative Generation
Attribute associated with one MWh of electrical energy output, or with the equivalent of such
output as provided in 225 CMR 16.05(1)(a)2.c. and 225 CMR 16.05(1)(a)3., from an APS
Alternative Generation Unit.
Alternative Compliance Payment (ACP). A payment of a certain dollar amount per MWh,
resulting in the issuance of Alternative Compliance Credits, which a Retail Electricity Supplier
may submit to the Department in lieu of providing APS Alternative Generation Attributes
required under 225 CMR 16.07.
APS Alternative Generation. The energy output of an APS Alternative Generation Unit, or the
equivalent of such output as provided in 225 CMR 16.05(1)(a)2.b., 225 CMR 16.05(1)(a)3.b.,
and 225 CMR 16.05(1)(a)6.b. or that portion of the energy output of an Alternative Generation
Unit that qualifies under a Co-firing Waiver pursuant to 225 CMR 16.05(2) or under any other
applicable provision of 225 CMR 16.00.
APS Alternative Generation Attribute (Attribute). The Generation Attribute of the energy
output, or the equivalent of such output as provided in 225 CMR 16.05(1)(a)2.b., 225 CMR
16.05(1)(a)3., and 225 CMR 16.05(1)(a)6.b. of a specific APS Alternative Generation Unit that
derives from the Generation Unit's production of APS Alternative Generation.
APS Alternative Generation Unit. A Generation Unit or Aggregation that has received a
Statement of Qualification from the Department.
APS Ineligible Energy Source. Any of the following fuels and energy sources, whose use is not
eligible for APS Alternative Energy Attributes:
(Mass. Register #1394 6/28/19)
(a) coal;
(b) petroleum coke;
(c) oil, other Petroleum Products as defined in M.G.L. c. 25A, § 3, and other petroleum-
derived materials;
(d) natural gas, except when used in Combined Heat and Power or fuel cell technology;
(e) Construction and Demolition Waste as defined in 310 CMR 19.006: Definitions
including, but not limited to, chemically-treated wood; and
(f) nuclear power.
APS Renewable Thermal Generation Unit. An APS Alternative Generation Unit or Aggregation
that uses one of the technologies provided in 225 CMR 16.05(1)(a)6.a. to generate Useful
Thermal Energy and has received a Statement of Qualification from the Department.
Business Day. A business day shall mean Monday through Friday, exclusive of state and federal
legal holidays.
Certificates Obligation. A term defined in the NEPOOL GIS Operating Rules at Rule 4.1(b).
Clean Wood. Means Clean Wood as defined in 310 CMR 19.006: Definitions.
Combined Heat and Power (CHP). The generation of electrical and Useful Thermal Energy in
a single integrated system.
Commercial Operation Date. The date that a Generation Unit first produces electrical energy for
sale within the ISO-NE Control Area. In the case of a Generation Unit that is connected to the
End-use Customer's side of the electric meter or produces Off-grid Generation, the date that such
Generation Unit first produces electrical energy. In the case of an APS Renewable Thermal
Generation Unit, the Commercial Operation Date is the date that such APS Renewable Thermal
Generation Unit first produces Useful Thermal Energy.
Compliance Filing. A document filed annually by a Retail Electricity Supplier with the
Department documenting compliance with 225 CMR 16.07, consistent with the format set forth
in the Guidelines and submitted no later than the first day of July, or the first Business Day
thereafter, of the subsequent Compliance Year.
Compliance Year. A calendar year beginning January 1 and ending December 31 , for which
st
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a Retail Electricity Supplier must demonstrate that it has met the requirements of 225 CMR
16.07 and 16.08.
Control Area. A geographic region in which a common generation control system is used to
maintain scheduled interchange of electrical energy within and without the region.
DCR. The Massachusetts Department of Conservation and Recreation (DCR) established by
M.G.L. c. 21, § 1.
Dedicated Energy Crops. Crops grown for the purpose of producing fuel, provided that such
crops are not grown on land that sequestered significant amounts of carbon, such as a forest, and
provided that such land does not have the economic potential to support production of any other
agricultural crop grown for human consumption.
Department. The Massachusetts Department of Energy Resources (DOER), established by
M.G.L. c. 25A, § 1.
Efficient Steam Technology. (Reserved)
Eligible Biogas Fuel. A gaseous fuel that is produced by the contemporaneous bacterial
decomposition or thermal gasification of Eligible Biomass Fuel. Eligible Biogas Fuel does not
include natural gas, but does include renewable natural gas which is Eligible Biogas Fuel
upgraded to a quality similar to natural gas.
Eligible Biomass Fuel. Fuel sources consisting of the following:
(a) Eligible Biomass Woody Fuel;
(b) Dedicated Energy Crops;
(c) Manufactured Biomass Fuel;
(d) Eligible Biogas Fuel;
(e) by-products or waste from animals or agricultural crops;
(f) food or vegetative material;
(g) algae;
(h) organic refuse derived fuel; and
(i) Eligible Liquid Biofuel.
Eligible Biomass Woody Fuel. Woody fuels that are derived from the following sources,
consistent with the requirements of 225 CMR 16.05(4)(g):
(a) Forest-derived Residues (Residues):
1. Tops, crooks and other portions of trees produced as a by-product and trees
collaterally damaged during the normal course of harvesting material, such as timber,
pulpwood or cordwood in the implementation of a silvicultural prescription as
administered by a licensed or certified forester as prescribed in the Department's
Guideline on Biomass, Biogas, and Biofuels for Eligible Renewable Thermal Generation
Units.
2. Trees and portions of trees harvested for the purpose of the restoration and
management of habitat for rare and endangered species as listed by the Massachusetts
Division of Fisheries and Wildlife. Qualifying harvest areas must be approved by the
Massachusetts Division of Fisheries and Wildlife Natural Heritage Program.
3. Other woody vegetation that interferes with regeneration or the natural growth of the
forest, limited to locally invasive native species and non-native invasive woody
vegetation.
(b) Forest-derived Thinnings (Thinnings):
1. Unacceptable growing stock which is defined as trees considered structurally weak
or have low vigor and do not have the potential to eventually yield an eight foot saw log
or survive for at least the next ten years.
2. Trees removed during thinning operations, the purpose of which is to reduce stand
density and enhance diameter growth and volume of acceptable growing stock within the
residual stand.
(c) Forest Salvage:
1. Damaged, dying, or dead trees removed due to injurious agents, such as wind or ice
storms or the spread of invasive epidemic forest pathogens, insects and diseases or other
epidemic biological risks to the forest, but not removed due to competition. Such eligible
trees may be removed without limitation for biomass fuel, only if the injurious agent is
a threat to forest health or risk to private or public resources, and if the United States
Department of Agriculture Animal and Plant Health Inspection Service, the United
States Department of Agriculture Forest Service, or appropriate federal or state
governmental agency has issued a declaration, rule, or order declaring a major threat to
forest health or risk to private or public resources.
2. Trees removed to reduce fire hazard within fire-adapted forest ecosystems, as
certified by a letter to the Department from the state agency responsible for forestry in
consultation with the appropriate environmental state agencies.
(d) Non-forest-derived Residues:
1. Forest Products Industry: Residues derived from wood products manufacturing
consisting of Clean Wood.
2. Land Use Change ! Agricultural: Trees cut or otherwise removed in the process of
converting forest land to agricultural usage, either for new or restored farm land.
3. Wood Waste: Pruned branches, stumps, and whole trees removed during the normal
course of maintenance of public or private roads, highways, driveways, utility lines,
rights of way, and parks.
4. Agricultural Wood Waste: Pruned branches, stumps, and whole trees resulting from
maintenance activities directly related to the production of an agricultural product.
Eligible Liquid Biofuel. A liquid fuel that is derived from organic waste feedstocks. Organic
waste feedstock shall include, but not be limited to, waste vegetable oils, waste animal fats, or
grease trap waste. Eligible Liquid Biofuel shall not include petroleum-based waste or Hazardous
Waste as defined in 310 CMR 40.0006: Terminology, Definitions, and Acronyms, unless
otherwise determined by the MassDEP.
End-use Customer. A person or entity in Massachusetts that purchases electrical energy at retail
from a Retail Electricity Supplier, except that a Generation Unit taking station service at
wholesale from ISO-NE or self-supplying from its owner's other generating stations, shall not
be considered an End-use Customer.
Flywheel. A device used to store rotational kinetic energy.
Fuel Cell Generation Unit. A device that uses Hydrogen as a fuel in an electro-chemical reaction
to produce electricity, thermal energy, and water.
Generation Attribute. A non-price characteristic of the energy output of a Generation Unit
including, but not limited to, the Unit's fuel type, emissions, vintage and APS eligibility.
Generation Unit. A facility that converts a fuel or an energy resource into electrical energy,
thermal energy, or both.
GIS Certificate. An electronic record produced by the NEPOOL GIS that identifies Generation
Attributes of each MWh accounted for in the NEPOOL GIS.
Guidelines. A set of clarifications, interpretations, and procedures, including forms, developed
by the Department to assist in compliance with the requirements of 225 CMR 16.00. The
Department may issue new or revised Guidelines, after a public comment period. Each
Guideline shall be effective on its date of issuance or on such date as specified, except as
otherwise provided in 225 CMR 16.00.
International Association of Plumbing and Mechanical Officials (IAPMO). The International
Association of Plumbing and Mechanical Officials is a nonprofit, accredited standards developer
and certification body which rates and certifies solar heating collectors and systems.
Incremental Electrical Energy. Electrical energy generated by a CHP Unit that is either greater
than (expressed as a positive amount) or less than (expressed as a negative amount) the electrical
energy generated by the CHP Unit prior to the addition of new electric generation nameplate
capacity, Useful Thermal Energy, or Incremental Useful Thermal Energy.
Incremental Fuel. The amount of additional fuel used by a CHP Generation Unit which is
attributable to the production of Incremental Useful Thermal Energy or Incremental Electrical
Energy.
Incremental Useful Thermal Energy. Useful Thermal Energy produced by a CHP Unit that is
distinct in its final distribution, beneficial measure, and metering from Useful Thermal Energy
previously produced by the CHP Unit, but only to the extent that the Incremental Useful Thermal
Energy does not reduce the Useful Thermal Energy previously produced.
ISO-NE. ISO New England Inc., the independent system operator for New England, the regional
transmission organization for most of New England, which is authorized by the Federal Energy
Regulatory Commission (FERC) to exercise for the New England Control Area the functions
required pursuant to the FERC's Order No. 2000.
ISO-NE Settlement Market System. The ISO-NE's electronic database system into which all
real-time load and generation data are entered and from which such data are provided to the
NEPOOL GIS.
Manufactured Biomass Fuel. A biomass fuel that is prepared, other than by means of fuel
drying, through a fuel processing facility that is separate from a Generation Unit and that utilizes
Eligible Biomass Woody Fuel for production. Examples include, but are not limited to, the
mechanical production of wood pellets or bio-dust, and the refinement of bio-oil through
pyrolysis.
Massachusetts Clean Energy Technology Center (MassCEC). The center established by
M.G.L. c. 23J, § 2.
MassDEP. The Massachusetts Department of Environmental Protection established by
M.G.L. c. 21A, § 7.
Megawatt-hour (MWh). A unit of electrical energy or work equivalent to one million watts of
power operating for one hour, or for the purpose of thermal energy, a unit of energy equal to
3,412,000 British Thermal Units (Btu).
NEPOOL GIS. The NEPOOL Generation Information System, which includes a generation
information database and certificate system, operated by the New England Power Pool
(NEPOOL), its designee, or successor entity that accounts for Generation Attributes of electrical
energy consumed within, imported into, or exported from the ISO-NE Control Area.
North American Electric Reliability Council (NERC) Tag. An identification of an electrical
energy interchange transaction assigned in accordance with rules set forth by the North American
Electric Reliability Council.
Off-grid Generation. The electrical energy produced by a Generation Unit that is not connected
to a utility transmission or distribution system.
Operator. Any person or entity who has charge or control of a Generation Unit subject to
225 CMR 16.00, including without limitation a duly authorized agent or lessee of the Owner, or
a duly authorized independent contractor.
Owner. Any person or entity who, alone or in conjunction with others, has legal ownership, a
leasehold interest, or effective control over the real property or property interest upon which a
Generation Unit is located, or the airspace above said real property including, without limitation,
a duly authorized agent of the Owner. For the purposes of 225 CMR 16.02, Owner does not
mean a person or entity holding legal title or security interest solely for the purpose of providing
financing.
Retail Electricity Product. An electrical energy offering that is distinguished by its Generation
Attributes and that is offered for sale by a Retail Electricity Supplier to End-use Customers.
Retail Electricity Supplier. A person or entity that sells electrical energy to End-use Customers
in Massachusetts including, but not limited to, electric utility distribution companies supplying
basic service or any successor service to End-use Customers. A Municipal Lighting Plant shall
be considered a Retail Electricity Supplier; however, it shall be exempt from the obligations of
a Retail Electricity Supplier under 225 CMR 16.00 so long as and insofar as it is exempt from
the requirements to allow competitive choice of generation supply pursuant to M.G.L. c. 164,
§ 47A.
Solar Rating and Certification Corporation (SRCC). The Solar Rating and Certification
Corporation is a nonprofit organization with the primary goal to develop and implement national
rating standards and certification programs for solar energy equipment.
Statement of Qualification (SQ). A written document from the Department that qualifies a
Generation Unit or Aggregation as an APS Alternative Generation Unit, or that qualifies a
portion of the energy output of a Generation Unit or Aggregation as APS Alternative Generation.
Sustainable Forestry Management. Practicing a land stewardship ethic that integrates the
reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the
conservation of soil, air and water quality, wildlife and fish habitat, and aesthetics and the
stewardship and use of forests and forest lands in a way, and a rate, that maintains their
biodiversity, productivity, regeneration capacity, vitality, and potential to fulfill, now and in the
future, relevant ecological, economic, and social functions at local, national, and global levels,
and that does not cause damage to other ecosystems. Criteria for sustainable forestry include:
(a) conservation of biological diversity;
(b) maintenance of productive capacity of forest ecosystems;
(c) maintenance of forest ecosystem health and vitality;
(d) conservation and maintenance of soil and water resources;
(e) maintenance of forest contributions to global carbon cycles;
(f) maintenance and enhancement of long-term multiple socioeconomic benefits to meet the
needs of societies; and
(g) a legal, institutional, and economic framework for forest conservation and sustainable
management.
Thermal Waste-to-energy Generation Unit. A Generation Unit that utilizes conventional
municipal solid waste plant technology in commercial use to generate Useful Thermal Energy
and was in operation as of January 1, 2016.
Useful Thermal Energy. Energy in the form of direct heat, steam, hot water, hot air, or other
thermal form that is used in the production and beneficial measures of heating, cooling, humidity
control, process use, or other valid thermal end use energy requirements, for which fuel or
electricity would otherwise be consumed.
Valid Air Permit. Within the United States, a current and effective authorization, license,
certificate, or like approval to construct and/or operate a source of air pollution, issued or
required by the regulatory agency designated in the applicable State Implementation Plan to issue
permits under the Clean Air Act, 42 U.S.C. §§ 7401, et seq. In jurisdictions outside of the
United States, it shall be a document demonstrating an equivalent authorization.