TUC.1.1.050 General Definitions

(a) "Certificate of Public Convenience and Necessity" means the Certificate required under Subchapter 2.6 of this title.

(b) "Commission" means the Lac Courte Oreilles Band of Lake Superior Indians ("LCO") Utility Commission established pursuant to this Code.

(c) "Commissioner" means one of the duly appointed persons comprising the LCO Utility Commission.

(d) "Cooperative Association" means an organization that qualifies as a Utility under this Code but only authorized by its governing documents and/or by applicable law to provide Utility Service to its members.

(e) "Director" means the Director of the Lac Courte Oreille Band Utility Authority.

(f) "Electric Energy Conversion Facility" means a plant, addition, or combination of plant and addition, designed for or capable of: (1) Generation by wind energy conversion exceeding one-half megawatt of electricity; or (2) Generation by any means other than wind energy conversion exceeding fifty megawatts of electricity.

(g) "Electric Transmission Facility" means an electric transmission line and associated facilities with a design in excess of one hundred fifteen kilovolts. "Electric Transmission Facility" does not include:

(1) A temporary electric transmission line loop that is: (i) connected and adjacent to an existing Electric Transmission Facility that was sited under this Subchapter; (ii) within the Corridor of the sited Facility and does not cross known exclusion areas; and (iii) In place for less than one year; or

(2) An electric transmission line that is less than one mile [1.61 kilometers] long.

(h) "Electric Facility" means an Electric Energy Conversion Facility, Electric Transmission Facility, or the combination of facilities under the ownership or control of a single Person or its affiliates which, in the cumulative, is capable of generating or transmitting electricity above the minimum thresholds to qualify as an Electric Energy Conversation Facility or Electric Transmission Facility under this Title.

(i) "Electric Utility Service" means the delivery of electric energy or power generated on the Reservation to an agreed-upon point of delivery. This includes all activities incident to the delivery of electric energy, including, but not limited to, development of infrastructure, asset acquisition, construction, and/or the operation of electricity service infrastructure (e.g., generation, transmission, distribution and control area services) as may be required to effectuate delivery of electricity generated to the end user.

(j) "Energy Utility Service" means the transmission, delivery, or furnishing of natural gas, heat, light, or power.

(k) "Governing Board" means the Lac Court Oreilles Band of Lake Superior Chippewa Indians authorized under the Constitution of the Lac Court Oreilles Band of Lake Superior Chippewa Indians to approve and implement this Code.

(l) "Person" means any individual, group of individuals, corporation, partnership, association, state, municipality, commission, political subdivision of a state, interstate body, the federal government or any federal agency or any other entity.

(m) "Power Emergency" means an electric transmission line and associated facilities that have been damaged or destroyed by natural or manmade causes resulting in a loss of power supply to consumers of the power.

(n) "Public Utility" means any Person that owns, operates, manages or controls any part of a plant or equipment, within the Reservation, for the production, transmission, delivery or furnishing of heat, light, water or power either directly or indirectly to or for the public. "Public Utility" does not include Cooperative Associations as defined in this Code.

(o) "Rates" means the charges established in rate schedule(s) for Utility Services provided to a customer.

(p) "Reservation" means all those lands on and within the exterior boundaries of the Lac Courte Oreilles Reservation.

(q) "Site" means the location of an Electric Energy Conversion Facility.

(r) "Telecommunications Service" means the offering for sale of the conveyance of voice communication, including the sale of service for collection, storage, forwarding, switching, and delivery incidental to such communication, regardless of the technology or mode used to make such offering. "Telecommunications service" includes Switched Access Service but does not include cable service or broadcast service.

(s) "Tribe" means the Lac Court Oreilles Band of Lake Superior Chippewa Indians.

(t) "Utility" means any Person owning Utility Personal Property or providing any Utility Service to retail or wholesale customers on the Reservation.

(u) "Utility Personal Property" - means (i) any of the following that are used to provide a Utility Service and which are permanently or temporarily affixed to land on the Reservation: infrastructure, equipment, poles, wires, transformers, circuit breakers, switches, electrical busses, concrete pads, pipelines, compression stations, pumps, conduits, communication towers, or other facilities and (ii) any gas, water, power communication data or similar commodities or products passing through or being delivered within the Reservation.

(v) "Utility Service" means the production, transmission, delivery or furnishing of heat, light, water or power to one or more customers.