As used in this part: (1) "Clean energy contract" means a contract under this part for the delivery of electricity from one or more clean energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution system to deliver the electricity from a clean energy facility to the contract customer. (2) (a) "Clean energy facility" means a clean energy source as defined in Section 54-17-601 that: (i) is located in the state; or (ii) (A) is located outside the state; and (B) provides energy from baseload clean resources. (b) "Clean energy facility" does not include an electric generating facility for which the electric generating facility's costs are included in a qualified utility's rates as a facility that provides electric service to the qualified utility's system. (3) "Clean energy tariff" means a tariff offered by a qualified utility that allows the qualified utility to procure clean generation on behalf of and to serve its customers. (4) "Contract customer" means a person who executes or will execute a clean energy contract with a qualified utility. (5) "Qualified utility" means an electric corporation that serves more than 200,000 retail customers in the state.
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