In this subchapter:
(1) “Above market purchased power costs” means wholesale demand and energy costs that a utility is obligated to pay under an existing purchased power contract to the extent the costs are greater than the purchased power market value.
(2) “Existing purchased power contract” means a purchased power contract in effect on January 1, 1999, including any amendments and revisions to that contract resulting from litigation initiated before January 1, 1999.
(3) “Generation assets” means all assets associated with the production of electricity, including generation plants, electrical interconnections of the generation plant to the transmission system, fuel contracts, fuel transportation contracts, water contracts, lands, surface or subsurface water rights, emissions-related allowances, and gas pipeline interconnections.
(4) “Market value” means, for nonnuclear assets and certain nuclear assets, the value the assets would have if bought and sold in a bona fide third-party transaction or transactions on the open market under § 39.262(h) or, for certain nuclear assets, as described by § 39.262(i), the value determined under the method provided by that subsection.
(5) “Purchased power market value” means the value of demand and energy bought and sold in a bona fide third-party transaction or transactions on the open market and determined by using the weighted average costs of the highest three offers from the market for purchase of the demand and energy available under the existing purchased power contracts.
(6) “Retail stranded costs” means that part of net stranded cost associated with the provision of retail service.
(7) “Stranded cost” means the positive excess of the net book value of generation assets over the market value of the assets, taking into account all of the electric utility’s generation assets, any above market purchased power costs, and any deferred debit related to a utility’s discontinuance of the application of Statement of Financial Accounting Standards No. 71 (“Accounting for the Effects of Certain Types of Regulation”) for generation-related assets if required by the provisions of this chapter. For purposes of § 39.262, book value shall be established as of December 31, 2001, or the date a market value is established through a market valuation method under § 39.262(h), whichever is earlier, and shall include stranded costs incurred under § 39.263.