New Jersey Statutes Title 54. Taxation 54 § 15B-2.2

a. “Gross receipts” shall not include that percent of receipts, as provided in subsection b. of this section, from sales of petroleum products used by a utility, a co-generation facility or a wholesale generation facility to generate electricity that is sold for resale or to an end user other than the end user upon whose property is located the co-generation facility that generated the electricity or upon the property purchased or leased from the end user by the person owning the co-generation facility if such property is contiguous to the user's property and is the property upon which is located a co-generation facility that generated the electricity.

c. For the purposes of P.L.1990, c. 42 (C.54:15B-1 et seq.):

“Co-generation facility” means a facility the primary purpose of which is the sequential production of electricity and steam or other forms of useful energy that are used for industrial or commercial heating or cooling purposes and which is designated by the Federal Energy Regulatory Commission, or its successor, as a “qualifying facility” pursuant to the provisions of the “Public Utility Regulatory Policies Act of 1978,” Pub.L. 95-617.

“Wholesale generation facility” means a facility the primary purpose of which is the sequential production of electricity to be sold exclusively at wholesale as determined by the Federal Energy Regulatory Commission, or its successor, as an “exempt wholesale generator” pursuant to the provisions of section 32 of the “Public Utility Holding Company Act of 1935,” (15 U.S.C.s.79z-5a).