1. “Energy efficiency and conservation program” means a program designed, intended or used to improve energy efficiency by reducing
the energy consumption by a retail customer of a utility which supplies electricity
in this State.
2. The term includes, without limitation, a demand-side response program or load-limiting
program that shifts the consumption of energy by a retail customer from one period
to another period.
3. The term does not include the implementation or assessment of any rate which is
based on the time of day, day of the week or time of year during which electricity
is used or which otherwise varies based upon the time during which the electricity
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