Page:United States Statutes at Large Volume 121.djvu/1651

 121 STAT. 1630

PUBLIC LAW 110–140—DEC. 19, 2007

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arrangement that is mutually satisfactory and in accord with State law. ‘‘(d) RATE CONDITIONS AND CRITERIA.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) PER UNIT DISTRIBUTION COSTS.—The term ‘per unit distribution costs’ means (in kilowatt hours) the quotient obtained by dividing— ‘‘(i) the depreciated book-value distribution system costs of a utility; by ‘‘(ii) the volume of utility electricity sales or transmission during the previous year at the distribution level. ‘‘(B) PER UNIT DISTRIBUTION MARGIN.—The term ‘per unit distribution margin’ means— ‘‘(i) in the case of a State-regulated electric utility, a per-unit gross pretax profit equal to the product obtained by multiplying— ‘‘(I) the State-approved percentage rate of return for the utility for distribution system assets; by ‘‘(II) the per unit distribution costs; and ‘‘(ii) in the case of a nonregulated utility, a per unit contribution to net revenues determined multiplying— ‘‘(I) the percentage (but not less than 10 percent) obtained by dividing— ‘‘(aa) the amount of any net revenue payment or contribution to the owners or subscribers of the nonregulated utility during the prior year; by ‘‘(bb) the gross revenues of the utility during the prior year to obtain a percentage; by ‘‘(II) the per unit distribution costs. ‘‘(C) PER UNIT TRANSMISSION COSTS.—The term ‘per unit transmission costs’ means the total cost of those transmission services purchased or provided by a utility on a per-kilowatt-hour basis as included in the retail rate of the utility. ‘‘(2) OPTIONS.—The options described in paragraphs (1) and (2) in subsection (c) shall be offered under purchase and transport rate conditions that reflect the rate components defined under paragraph (1) as applicable under the circumstances described in paragraph (3). ‘‘(3) APPLICABLE RATES.— ‘‘(A) RATES APPLICABLE TO SALE OF NET EXCESS POWER.— ‘‘(i) IN GENERAL.—Sales made by a project owner or operator of a facility under the option described in subsection (c)(1) shall be paid for on a per kilowatt hour basis that shall equal the full undiscounted retail rate paid to the utility for power purchased by the facility minus per unit distribution costs, that applies to the type of utility purchasing the power. ‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the net excess power is made available for purchase at voltages that must be transformed to or from voltages

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