Chapter definitions

Tenn. Code Ann. § 7-70-101, under Data Centers.

Tenn. Code Ann. § 7-70-101

(1) As used in this chapter:(1) “Cost of electrical infrastructure” means the costs, capitalized under generally accepted accounting principles, of purchasing, constructing, installing, or equipping infrastructure that are incurred by a developer, owner, or operator of a data center, a municipality, or an electric utility and that would not be incurred but for the actual or expected increase in electric demand resulting from a newly constructed or expanded data center;(2) “Data center”:(A) Means a building that:(i) Primarily contains: (a) Electronic equipment used to process, store, or transmit digital information; and (b) Environmental control equipment necessary to maintain proper operating conditions for the electronic equipment described in subdivision (2)(A)(i)(a); and(ii) Is projected to have a peak electric demand of fifty megawatts (50 MW) or more during the first three (3) years of operation; and(B) Does not include:(i) A facility owned or operated by the state of Tennessee; or(ii) A facility owned or operated by a provider of telecommunications, broadband, internet, cable, mobile, or wireless telecommunications services, or by a broadband internet access provider, if the facility primarily supports telecommunications or wireless telecommunications network operations or broadband internet access services;(3) “Electric cooperative” means a nonprofit cooperative organized under, or otherwise subject to, the Rural Electric and Community Services Cooperative Act, compiled in title 65, chapter 25;(4) “Electric service” means the furnishing of electricity for lighting, heating, power, or other uses;(5) “Electric utility” means:(A) A municipal electric authority created pursuant to chapter 36 of this title;(B) A municipal electric plant operated pursuant to chapter 52, part 1 of this title;(C) A public electric utility;(D) An electric utility operated by a county, metropolitan government, municipality, or other political subdivision of this state; or(E) An electric cooperative;(6) “Independent power producer” means an individual, partnership, cooperative, association, corporation, joint stock company, limited liability company, or other entity, including the entity's lessees, trustees, or receivers appointed by a court, that:(A) Owns, operates, manages, or controls, within this state, a facility, system, plant, or equipment used to generate or store electric energy;(B) Sells, or agrees to sell, electric energy, capacity, or other related or ancillary services from the facility, system, plant, or equipment described in subdivision (6)(A) pursuant to one (1) or more written agreements with one (1) or more of the following:(i) A data center owner or operator for the end-use consumption of the electric energy, capacity, or other related or ancillary services; or(ii) A wholesale purchaser of the electric energy, capacity, or other related or ancillary services, including an electric utility or the Tennessee valley authority; and(C) Does not include an individual or entity that holds out electric energy, capacity, or other related or ancillary services for sale to a customer other than a data center owner or operator described in subdivision (6)(B)(i) or a wholesale purchaser described in subdivision (6)(B)(ii);(7) “Infrastructure” means electrical transmission and distribution facilities, including transmission and distribution lines, service lines and conductors, substations, transformers, switching stations, metering equipment, protection and control equipment, and related equipment and appurtenances, and includes rights-of-way and easements necessary to construct, operate, or maintain the facilities, if the facilities are owned by an electric utility or a municipality;(8) “Municipality” means a county, metropolitan government, or incorporated city or town in this state; and(9) “Public electric utility” means a public utility, as defined in § 65-4-101, that provides electric service.

(1) “Cost of electrical infrastructure” means the costs, capitalized under generally accepted accounting principles, of purchasing, constructing, installing, or equipping infrastructure that are incurred by a developer, owner, or operator of a data center, a municipality, or an electric utility and that would not be incurred but for the actual or expected increase in electric demand resulting from a newly constructed or expanded data center;

(2) “Data center”:(A) Means a building that:(i) Primarily contains: (a) Electronic equipment used to process, store, or transmit digital information; and (b) Environmental control equipment necessary to maintain proper operating conditions for the electronic equipment described in subdivision (2)(A)(i)(a); and(ii) Is projected to have a peak electric demand of fifty megawatts (50 MW) or more during the first three (3) years of operation; and(B) Does not include:(i) A facility owned or operated by the state of Tennessee; or(ii) A facility owned or operated by a provider of telecommunications, broadband, internet, cable, mobile, or wireless telecommunications services, or by a broadband internet access provider, if the facility primarily supports telecommunications or wireless telecommunications network operations or broadband internet access services;

(A) Means a building that:(i) Primarily contains: (a) Electronic equipment used to process, store, or transmit digital information; and (b) Environmental control equipment necessary to maintain proper operating conditions for the electronic equipment described in subdivision (2)(A)(i)(a); and(ii) Is projected to have a peak electric demand of fifty megawatts (50 MW) or more during the first three (3) years of operation; and

(i) Primarily contains: (a) Electronic equipment used to process, store, or transmit digital information; and (b) Environmental control equipment necessary to maintain proper operating conditions for the electronic equipment described in subdivision (2)(A)(i)(a); and

(a) Electronic equipment used to process, store, or transmit digital information; and

(b) Environmental control equipment necessary to maintain proper operating conditions for the electronic equipment described in subdivision (2)(A)(i)(a); and

(ii) Is projected to have a peak electric demand of fifty megawatts (50 MW) or more during the first three (3) years of operation; and

(B) Does not include:(i) A facility owned or operated by the state of Tennessee; or(ii) A facility owned or operated by a provider of telecommunications, broadband, internet, cable, mobile, or wireless telecommunications services, or by a broadband internet access provider, if the facility primarily supports telecommunications or wireless telecommunications network operations or broadband internet access services;

(i) A facility owned or operated by the state of Tennessee; or

(ii) A facility owned or operated by a provider of telecommunications, broadband, internet, cable, mobile, or wireless telecommunications services, or by a broadband internet access provider, if the facility primarily supports telecommunications or wireless telecommunications network operations or broadband internet access services;

(3) “Electric cooperative” means a nonprofit cooperative organized under, or otherwise subject to, the Rural Electric and Community Services Cooperative Act, compiled in title 65, chapter 25;

(4) “Electric service” means the furnishing of electricity for lighting, heating, power, or other uses;

(5) “Electric utility” means:(A) A municipal electric authority created pursuant to chapter 36 of this title;(B) A municipal electric plant operated pursuant to chapter 52, part 1 of this title;(C) A public electric utility;(D) An electric utility operated by a county, metropolitan government, municipality, or other political subdivision of this state; or(E) An electric cooperative;

(A) A municipal electric authority created pursuant to chapter 36 of this title;

(B) A municipal electric plant operated pursuant to chapter 52, part 1 of this title;

(C) A public electric utility;

(D) An electric utility operated by a county, metropolitan government, municipality, or other political subdivision of this state; or

(E) An electric cooperative;

(6) “Independent power producer” means an individual, partnership, cooperative, association, corporation, joint stock company, limited liability company, or other entity, including the entity's lessees, trustees, or receivers appointed by a court, that:(A) Owns, operates, manages, or controls, within this state, a facility, system, plant, or equipment used to generate or store electric energy;(B) Sells, or agrees to sell, electric energy, capacity, or other related or ancillary services from the facility, system, plant, or equipment described in subdivision (6)(A) pursuant to one (1) or more written agreements with one (1) or more of the following:(i) A data center owner or operator for the end-use consumption of the electric energy, capacity, or other related or ancillary services; or(ii) A wholesale purchaser of the electric energy, capacity, or other related or ancillary services, including an electric utility or the Tennessee valley authority; and(C) Does not include an individual or entity that holds out electric energy, capacity, or other related or ancillary services for sale to a customer other than a data center owner or operator described in subdivision (6)(B)(i) or a wholesale purchaser described in subdivision (6)(B)(ii);

(A) Owns, operates, manages, or controls, within this state, a facility, system, plant, or equipment used to generate or store electric energy;

(B) Sells, or agrees to sell, electric energy, capacity, or other related or ancillary services from the facility, system, plant, or equipment described in subdivision (6)(A) pursuant to one (1) or more written agreements with one (1) or more of the following:(i) A data center owner or operator for the end-use consumption of the electric energy, capacity, or other related or ancillary services; or(ii) A wholesale purchaser of the electric energy, capacity, or other related or ancillary services, including an electric utility or the Tennessee valley authority; and

(i) A data center owner or operator for the end-use consumption of the electric energy, capacity, or other related or ancillary services; or

(ii) A wholesale purchaser of the electric energy, capacity, or other related or ancillary services, including an electric utility or the Tennessee valley authority; and

(C) Does not include an individual or entity that holds out electric energy, capacity, or other related or ancillary services for sale to a customer other than a data center owner or operator described in subdivision (6)(B)(i) or a wholesale purchaser described in subdivision (6)(B)(ii);

(7) “Infrastructure” means electrical transmission and distribution facilities, including transmission and distribution lines, service lines and conductors, substations, transformers, switching stations, metering equipment, protection and control equipment, and related equipment and appurtenances, and includes rights-of-way and easements necessary to construct, operate, or maintain the facilities, if the facilities are owned by an electric utility or a municipality;

(8) “Municipality” means a county, metropolitan government, or incorporated city or town in this state; and

(9) “Public electric utility” means a public utility, as defined in § 65-4-101, that provides electric service.