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Glossary of Terms

Act

indicates Innovative Techonology Act means Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511–16514).

indicates Financial Institution Partnership Program (FIPP) Act means Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511-16514), as amended, including by the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5.

Administrative Cost of Issuing a Loan Guarantee

indicates Innovative Techonology Administrative Cost of Issuing a Loan Guarantee means the total of all administrative expenses that DOE incurs during: The evaluation of an Application for a loan guarantee ; and The offering of a Term Sheet, executing the Conditional Commitment, negotiation, and closing of a Loan Agreement and Loan Guarantee Agreement; and The servicing and monitoring of a Loan Guarantee Agreement from the execution of the Loan Guarantee Agreement by the Borrower through payment in full of the Guaranteed Obligation in connection with such Loan Guarantee Agreement.

indicates Financial Institution Partnership Program (FIPP) Administrative Cost of Issuing a Loan Guarantee means the total of all administrative expenses that DOE incurs during: (1) The evaluation of an Application for a loan guarantee; (2) The offering of a Term Sheet, executing the Conditional Commitment, negotiation, and closing of a Loan Agreement and Loan Guarantee Agreement; and (3) The servicing and monitoring of a Loan Agreement and Loan Guarantee Agreement, including during the construction, startup, commissioning, shakedown, and operational phases of an Eligible Project.

Advanced Technology Vehicle (ATV)

ATVs are either: i. Ultra efficient vehicles (UEVs); or ii. Passenger automobiles or light duty trucks that meet the emission and fuel economy standards set forth in the definition of “advanced technology vehicle” in 10 CFR 611.2.

Advanced Technology Vehicles Manufacturing Loan Program (ATVMLP)

Established under Section 136 of the Energy Independence and Security Act of 2007.

Anthropogenic

Anthropogenic means caused by humans or resulting from the influence that humans have on the natural world.

Applicant

indicates Innovative Techonology “Applicant” means any person, firm, corporation, company, partnership, association, society, trust, joint venture, joint stock company, or other business entity or governmental non-federal entity that has submitted an application to DOE and has the authority to enter into a Loan Guarantee Agreement with DOE under Section 1705 of Title XVII for an Eligible Project under this Solicitation.

indicates Financial Institution Partnership Program (FIPP) “Applicant” means any person, firm, corporation, company, partnership, association, society, trust, joint venture, joint stock company, or other business entity or governmental non-federal entity that has submitted an application to DOE and has the authority to enter into a Loan Guarantee Agreement with DOE under Section 1705 of Title XVII for an Eligible Project under this Solicitation. (For FIPP solicitation see Lender-Applicant)

Application

indicates Innovative Techonology Application means a comprehensive written submission in response to a solicitation or a written invitation from DOE to apply for a loan guarantee pursuant to § 609.6 of this part.

indicates Financial Institution Partnership Program (FIPP) Application means a comprehensive written submission in response to a solicitation or a written invitation from DOE to apply for a loan guarantee pursuant to § 609.6 of this part. See section IV. 2 of the Solicitation.

Borrower

indicates Innovative Techonology “Borrower” means any Applicant who enters into a Loan Guarantee Agreement with DOE and issues Guaranteed Obligations.

indicates Financial Institution Partnership Program (FIPP) “Borrower” means any person, firm, corporation, company, partnership, association, society, trust, joint venture, joint stock company, or other business entity or governmental non-Federal entity that is a borrower under the Loan Agreement and is responsible for repaying the Guaranteed Obligation.

Brownfield

A brownfield site is defined as “real property, the expansion, redevelopement or re-use of which may be complicated by the presence of a hazardous substance, pollutant, or contaminant.”

Categorical Exclusion (CE (CX))

“Categorical exclusion” means a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations (Sec. 1507.3) and for which, therefore, neither an environmental assessment nor an environmental impact statement is required.

Central Contract Registry (CCR)

If your company is not currently registered with CCR, please register at http://www.ccr.gov before continuing with your FedConnect registration.) In completing the CCR, utilize the “Grants” format unless you have reason to use any of the other formats.

Code of Federal Regulations (CFR)

Code of Federal Regulations

Commercial Technology

Commercial Technology means a technology in general use in the commercial marketplace in the United States at the time the Term Sheet is issued by DOE. A technology is in general use if it has been installed in and is being used in three or more commercial projects in the United States in the same general application as in the proposed project, and has been in operation in each such commercial project for a period of at least five years. The five-year period shall be measured, for each project, starting on the in service date of the project or facility employing that particular technology. For purposes of this section, commercial projects include projects that have been the recipients of a loan guarantee from DOE under this part.

Compact Disk – Read Only Memory (CD- ROM)

Compact Disk with read only memory used to store information.

Concentrated Photovoltaic (CPV)

Concentrated photovoltaics (CPV) systems employ sunlight concentrated onto photovoltaic surfaces for the purpose of electrical power production.

Concentrated Solar Power (CSP)

(CSP) systems use lenses or mirrors to focus a large area of sunlight onto a small area. Electrical power is produced when the concentrated light is directed onto photovoltaic surfaces or used to heat a transfer fluid for a conventional power plant.

Conditional Commitment

indicates Innovative Techonology Conditional Commitment means a Term Sheet offered by DOE and accepted by the Applicant, with the understanding of the parties that if the Applicant thereafter satisfies all specified and precedent funding obligations and all other contractual, statutory and regulatory requirements, or other requirements, DOE and the Applicant will execute a Loan Guarantee Agreement: Provided that the Secretary may terminate a Conditional Commitment for any reason at any time prior to the execution of the Loan Guarantee Agreement; and Provided further that the Secretary may not delegate this authority to terminate a Conditional Commitment.

indicates Financial Institution Partnership Program (FIPP) Conditional Commitment means a Term Sheet offered by DOE and accepted by the Lender-Applicant and the proposed Borrower, with the understanding of the parties that if all specified and precedent funding obligations and all other contractual, statutory and regulatory requirements, or other requirements are satisfied, DOE, as guarantor, the Lender-Applicant and the proposed Borrower will execute a Loan Agreement and DOE and the Lead Lender and/or other Holder(s) will execute a Loan Guarantee Agreement; Provided that the Secretary may terminate a Conditional Commitment for any reason at any time prior to the execution of the Loan Guarantee Agreement; and Provided further that the Secretary may not delegate this authority to terminate a Conditional Commitment.

Contracting Officer

“Contracting Officer” means the Secretary of Energy or a DOE official authorized by the Secretary to enter into, administer and/or terminate DOE Loan Guarantee Agreements and related contracts on behalf of DOE.

Continuing Resolution (CR)

The FY 2009 Continuing Resolution (CR) enacted on September 30, 2008, appropriated $7.5 – billion to support a maximum of $25 billion in loans under the ATVM Loan Program. Also, the CR provided DOE $10 million to administer the Program.

Corporate Average Fuel Economy (CAFÉ)

Corporate Average Fuel Economy

Council of Environmental Quality (CEQ)

The Council on Environmental Quality (CEQ) is a division of the Executive Office of the President that coordinates federal environmental efforts in the United States and works closely with agencies and other White House offices in the development of environmental and energy policies and initiatives.

Credit Review Board (CRB)

Credit Review Board

Credit Subsidy

Credit Subsidy Cost has the same meaning as “cost of a loan guarantee” in section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)), which is the net present value, at the time the Loan Guarantee Agreement is executed, of the following estimated cash flows, discounted to the point of disbursement: (1) Payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments; less (2) Payments to the Government including origination and other fees, penalties, and recoveries including the effects of changes in loan or debt terms resulting from the exercise by the Borrower, Lead Lender or other Holder of an option included in the Loan Guarantee Agreement.

Data Universal Numbering System (DUNS)

The DUNS number is a unique nine-character number that identifies your organization. It is a tool of the federal government to track how federal money is distributed. If you don’t know your company’s DUNS or if your company does not have a DUNS you can search for it or request one at http://fedgov.dnb.com/webform/displayHomePage.do

Davis-Bacon Act

The Davis-Bacon Act of 1931 is a United States federal law which established the requirement for paying prevailing wages on public works projects.

Debt Service Coverage Ratio (DSCR)

In corporate finance, the DSCR is the amount of cash flow available to meet annual interest and principal payments on debt, including sinking fund payments.

Department of Energy (DOE)

United States Department of Energy is a governmental department whose mission is to advance energy technology and promote related innovation in the United States.

Department of Interior (DOI)

Department of Interior

Department of Treasury (DOT)

Department of Treasury

Development financial organization (DFO)

These are units of state and local governments that are established to promote economic activities within specific geographies or other defined specialties (e.g.air quality)

Distributed solar

“Distributed solar” projects are projects to install solar power on many, geographically diverse properties.

DOE Solicitation No

indicates Innovative Techonology This is the number which the Department of Energy assigns to a specific solicitation. Innovative Solicitation Number: DE-FOA-0000140

indicates Financial Institution Partnership Program (FIPP) This is the number which the Department of Energy assigns to a specific solicitation. FIPP Solicitation Number: DE-FOA-0000166

Draft EIS (DEIS)

Draft of an Environmental Impact Statement (See EIS)

Eligible Lender

indicates Innovative Techonology Eligible lender means: (1) Any person or legal entity formed for the purpose of, or engaged in the business of, lending money, including, but not limited to, commercial banks, savings and loan institutions, insurance companies, factoring companies, investment banks, institutional investors, venture capital investment companies, trusts, or other entities designated as trustees or agents acting on behalf of bondholders or other lenders; and (2) Any person or legal entity that meets the requirements of § 609.11 of this part, as determined by DOE; or (3) The Federal Financing Bank.

indicates Financial Institution Partnership Program (FIPP) Eligible Lender means: (1) Any person or legal entity formed for the purpose of, or engaged in the business of, lending money, including, but not limited to, commercial banks, savings and loan institutions, insurance companies, factoring companies, investment banks, institutional investors, venture capital investment companies, trusts, or other entities designated as trustees or agents acting on behalf of bondholders or other lenders; and (2) Any person or legal entity that meets the requirements of § 609.11 of this Attachment, as determined by DOE

Eligible Project

indicates Innovative Techonology Eligible Project means a project located in the United States and which meets all the requirements set forth in Section II.A of the Solicitation.

indicates Financial Institution Partnership Program (FIPP) Eligible Project means a project located in the United States and which meets all the requirements set forth in Section II.A of the Solicitation.

Energy Independence and Security Act of 2007 (EISA)

Section 136 of the Energy Independence and Security Act of 2007 establishes an incentive program consisting of both grants and direct loans to support the development of advanced technology vehicles and associated components.

Engineering, Procurement, and Construction (EPC)

Engineering, Procurement, and Construction is a common form of contracting arrangement within the construction industry.

Environmental Assessment (EA)

An EA is an assessment to determine if the project will have a significant environmental impacts and if not a Finding of No Significant Impact (FONSI) is issued.

Environmental Impact Statement (EIS)

An EIS is a detailed full analysis to assess the potential impacts of the proposed Federal action.

Environmental Report (ER)

An ER is an environmental report which addresses environmental issues.

Equity

“Equity” means cash contributed by the Borrowers and other principals. Equity does not include proceeds from the non-guaranteed portion of Title XVII loans, proceeds from any other non-guaranteed loans, or the value of any form of government assistance or support.

FedConnect

FedConnect is a web portal that bridges the gap between agencies and vendors to streamline the process of doing business with the federal government. Through this portal, you will be able to review opportunities and receive awards. Other details on registering at FedConnect are available at the website – http://www.fedconnect.net

Federal Credit Reform Act (FCRA)

FCRA means the Federal Credit Reform Act of 1990, P.L. 101-508, 104 Stat. 1388-609 (1990), as amended by P.L. 105-33, 111 Stat. 692 (1997).

Federal Energy Regulatory Commission (FERC)

The Federal Energy Regulatory Commission, or FERC, is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil.

Federal Financing Bank (FFB)

“Federal Financing Bank” means an instrumentality of the United States government created by the Federal Financing Bank Act of 1973 (12 U.S.C. 2281 et seq). The Bank is under the general supervision of the Secretary of the Treasury.

Federal Information Security Management Act (FISMA)

The Federal Information Security Management Act (FISMA) is United States legislation that defines a comprehensive framework to protect government information, operations and assets against natural or manmade threats.

Federal or state listed threatened or endangered species

Through federal action and by encouraging the establishment of state programs, the 1973 Endangered Species Act provided for the conservation of ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend. As defined by the Act an “endangered” species is one that is in danger of extinction throughout all or a significant portion of its range. A “threatened” species is one that is likely to become endangered in the foreseeable future. Lists of these species is available through the USFWS.

Financial Institution

An establishment that focuses on dealing with financial transactions, such as investments, loans and deposits. Conventionally, financial institutions are composed of organizations such as banks, trust companies, insurance companies, and investment dealers.

Financial Institution Partnership Program (FIPP)

indicates Financial Institution Partnership Program (FIPP) FIPP refers to the Federal Loan Guarantees for Commercial Technology Renewable Energy Generation Projects under the Financial Institute Partnership Program solicitation #DE-FOA-0000166

floodplain

Floodplain means the lowland and relatively flat areas adjoining inland and coastal waters and other flood prone areas such as offshore islands, including at a minimum, that area subject to a one percent or greater chance of flooding in any given year. The base floodplain shall be used to designate the 100-year floodplain (one percent chance floodplain). The critical action floodplain is defined as the 500-year floodplain (0.2 percent chance floodplain).

follow-on-raises

Rounds of financing for the project which are subsequent to the initial funding.

Generally Accepted Accounting Principles (GAAP)

Generally Accepted Accounting Principles. A widely accepted set of rules, conventions, standards, and procedures for reporting financial information, as established by the Financial Accounting Standards Board

Greenfield

A Greenfield is undeveloped land except for agricultural use, especially one considered as a site for expanding urban development.

Gross Vehicle Weight Rating (GVWR)

Gross Vehicle Weight Rating

Guaranteed Obligation

“Guaranteed Obligation” means any loan or other debt obligation of the Borrower for an Eligible Project for which DOE guarantees all or any part of the payment of principal and interest under a Loan Guarantee Agreement entered into pursuant to Title XVII.

Historic Property

A property is considered historic if it is listed in or eligible for listing in the National Register of Historic Places. The National Register is the nation’s official list of buildings, sites, objects, and districts that warrant special preservation consideration.

Holder

indicates Innovative Techonology “Holder” means any person or legal entity that owns a Guaranteed Obligation or has lawfully succeeded in due course to all or part of the rights, title, and interest in a Guaranteed Obligation, including any nominee or trustee empowered to act for the Holder or Holders.

indicates Financial Institution Partnership Program (FIPP) Holder means any person or legal entity that (i) owns a direct interest as a lender in a Guaranteed Obligation and in the DOE loan guarantee at the time the Loan Guarantee Agreement is executed, (ii) has acquired such a direct interest at any time after the Loan Guarantee Agreement is executed through a valid sale or assignment by a prior Holder in accordance with the requirements set forth in the Loan Guarantee Agreement, or (iii) has succeeded in due course through such a direct interest by operation of law. At the time a Holder acquires or succeeds to a direct interest in the Guaranteed Obligation, such Holder must satisfy the requirements of a Lead Lender or Holder, as applicable, as set forth in Attachment J to the Solicitation.

Host

The “host “is the owner of buildings that will be covered as part of a distributed solar project.

Hybrid Electric Vehicle (HEV)

Hybrid Electric Vehicle

In-kind contributions

An in-kind contribution is a non-cash input (can be time, material, equipment, etc.) which can be given a cash value.

Independent Engineering Report (IER)

“IER” shall mean an independent engineering report for the Applicant’s project or facility that has been prepared for the benefit of DOE by an independent engineer with experience in the industry and familiarity with similar projects.

Innovative Technology

Innovative technology is new, advanced, and/or creative technology. Also see definition for “New or Significantly Improved Technologies” in the glossary.

Intercreditor Agreement

Intercreditor Agreement means any agreement between or among DOE in connection with a loan guarantee and one or more other persons providing financing for the benefit of an Eligible Project, entered into in connection with a DOE loan guarantee upon a determination by DOE that such agreement is reasonable and necessary to protect the interests of the United States and addressing customary matters, such as priorities and voting rights among lenders, as such agreement may be amended or modified from time to time with the consent of DOE.

Interim Final Rule (IFR)

Interim Final Rule (10 CFR 611)

Internal Combustion Engine (ICE)

Internal Combustion Engine

Internal Revenue System (IRS)

Internal Revenue System is the U.S. national tax collecting agency.

Invitation No.

Invitation number is not applicable to the Loan Guarantee Program. Leave the field blank when requested.

Lead-Lender

indicates Financial Institution Partnership Program (FIPP) Lead Lender has the meaning set forth in Section I.C of the Solicitation. Each Lead Lender that becomes a Holder (as defined in Section 609.2 of Attachment G), at the time of the execution of the Loan Agreement and the Loan Guarantee Agreement, shall (i) have been a Lender-Applicant as defined in Section I.C of the Solicitation and (ii) meet the following qualifications of an Eligible Lender set out in Section 609.11(a)(1) through (5) of Attachment G: 1. Not be debarred or suspended from participation in a Federal government contract (under 48 CFR part 9.4) or participation in a non-procurement activity (under a set of uniform regulations implemented for numerous agencies, such as DOE, at 2 CFR Part 180) 2. Not be delinquent on any Federal debt or loan; 3. Be legally authorized to enter into loan guarantee transactions authorized by Title XVII and Attachment G and be in good standing with DOE and other Federal agency loan guarantee programs; 4. Be able to demonstrate, or have access to, experience in originating and servicing loans for commercial projects similar in size and scope to the project under consideration; and 5. Be able to demonstrate experience or capability as the lead lender or underwriter by presenting evidence of its participation in large commercial projects or energy-related projects or other relevant experience. As described more fully in Section I.C of the Solicitation, each Guaranteed Obligation is required to have at least one Holder meeting the above requirements of a Lead Lender. Such Lead Lender will act as the Administrative Agent under the Loan Agreement and the Loan Guarantee Agreement.

Lender-Applicant

indicates Financial Institution Partnership Program (FIPP) Lender-Applicant has the meaning set forth in Section I.C of the Solicitation.: The applicant under the FIPP Solicitation is a Lender-Applicant which is a financial institution or one of a group of financial institutions chosen to represent them for this purpose, that must satisfy the qualifications of a Lead-Lender as set forth in Attachment J of the FIPP solicitation (see definition above) and fund and hold all or a portion of a Guaranteed Obligation in accordance with the requirements in Attachment 1 and as set forth in the Loan Guarantee Agreement and related documentation.

Loan Agreement

indicates Innovative Techonology Loan Agreement means a written agreement between a Borrower and an Eligible Lender or other Holder containing the terms and conditions under which the Eligible Lender or other Holder will make loans to the Borrower to start and complete an Eligible Project.

indicates Financial Institution Partnership Program (FIPP) Loan Agreement means a written agreement among DOE, as guarantor, a Borrower, the Lead Lender and any other Holder(s) containing the terms and conditions under which the Lead Lender and any such other Holder(s) will make loans to the Borrower to resume or start and complete an Eligible Project.

Loan Guarantee Agreement

indicates Innovative Techonology Loan Guarantee Agreement means a written agreement that, when entered into by DOE and a Borrower, an Eligible Lender or other Holder, pursuant to Title XVII, establishes the obligation of DOE to guarantee the payment of all or a portion of the principal and interest on specified Guaranteed Obligations of a Borrower to Eligible Lenders or other Holders subject to the terms and conditions specified in the Loan Guarantee Agreement.

indicates Financial Institution Partnership Program (FIPP) Loan Guarantee Agreement means a written agreement that, when entered into, subject to the availability of funds, by DOE, the Lead Lender and any other Holder(s), pursuant to the Act, establishes the obligation of DOE to guarantee the payment of all or a portion of the principal and interest on specified Guaranteed Obligations of a Borrower to the Lead Lender and any other Holder(s) subject to the terms and conditions specified in the Loan Guarantee Agreement and the Loan Agreement.

Loan Guarantee Program (LGP)

The U.S. Department of Energy’s Loan Guarantee Program paves the way for federal support of clean energy projects that use innovative technologies, and spurs further investment in these advanced technologies. Established under Title XVII of the Energy Policy Act of 2005, the Secretary of Energy is authorized to make loan guarantees to qualified projects in the belief that accelerated commercial use of these new or improved technologies will help to sustain economic growth, yield environmental benefits, and produce a more stable and secure energy supply.

Loan Guarantee Program Office (LGPO)

Loan Guarantee Program Office

Medium Duty Passenger Vehicle (MDPV)

Medium Duty Passenger Vehicle

Memorandum of Understanding (MOU)

Memorandum of Understanding is a document describing an agreement between parties.

Microsoft (MS)

Microsoft is a type of computer technology.

Model Year (MY)

Model Year

National Environmental Policy Act (NEPA)

The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions.

National Highway Traffic Safety Administration (NHTSA)

National Highway Traffic Safety Administration

National Park

A National Park is a reserve of natural land declared or owned by a government, set aside for human recreation and enjoyment, animal and environmental protection and restricted from most development.

National Rating Agency

National Rating Agencies are Standard & Poor’s, Fitch or Moody’s.

New or Significantly Improved Technologies

New or Significantly Improved Technology means a technology concerned with the production, consumption or transportation of energy and that is not a Commercial Technology, and that has either: (1) Only recently been developed, discovered or learned; or (2) Involves or constitutes one or more meaningful and important improvements in productivity or value, in comparison to Commercial Technologies in use in the United States at the time the Term Sheet is issued.

North American Industry Classification (NAIC)

The North American Industry Classification System (NAICS) is a classification system which uses a six digit hierarchical coding system to classify all economic activity into twenty industry sectors. If you do not know or do not have a North American Industry Classification number, you can search for it or request one at : http://www.census.gov/naics/.

Notice of Availability (NOA)

Notice of Availability

Notice of Intent (NOI)

Notice of Intent

Office of Management and Budget (OMB)

OMB means the Office of Management and Budget in the Executive Office of the President.

Office of Personal Management (OPM)

Office of Personal Management

on-site energy storage

A device which stores energy for distribution.

Operations and Maintenance (O&M)

Operations and Maintenance

Original Equipment Manufacturer (OEM)

Original Equipment Manufacturer

Photovoltaic (PV)

Photovoltaic(s) (PV) — Pertaining to the direct conversion of light into electricity.

Power grid connection

Power grid connection- The power grid is a term to describe the national electrical transmission system.

Powertrain System Analysis Toolkit (PSAT)

Powertrain System Analysis Toolkit

Pre-Application

Pre-Application means a written submission in response to a DOE solicitation that broadly describes the project proposal, including the proposed role of a DOE loan guarantee in the project, and the eligibility of the project to receive a loan guarantee under the applicable solicitation, the Act and this part.

Prevailing wages

A prevailing wage is a rate of pay determined by the U.S. Department of Labor based upon the particular geographic area for a given class of labor and type of project. Federal law requires all employers engaged in the performance of federal contracts to pay “prevailing” wages to their workers.

Prime farmland

Prime farmland, as a designation assigned by the U.S. Department of Agriculture, is land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops with minimum input of fuel, fertilizer, pesticides and labor, and without intolerable soil erosion.

Project costs

indicates Innovative Techonology Project Costs include: (1) Costs of acquisition, lease, or rental of real property, including engineering fees, surveys, title insurance, recording fees, and legal fees incurred in connection with land acquisition, lease or rental, site improvements, site restoration, access roads, and fencing; (2) Costs of engineering, architectural, legal and bond fees, and insurance paid in connection with construction of the facility; and materials, labor, services, travel and transportation for facility design, construction, startup, commissioning and shakedown; (3) Costs of equipment purchases; (4) Costs to provide equipment, facilities, and services related to safety and environmental protection; (5) Financial and legal services costs, including other professional services and fees necessary to obtain required licenses and permits and to prepare environmental reports and data; (6) The cost of issuing project debt, such as fees, transaction and legal costs and other normal charges imposed by the Lead Lender and other Holders; (7) Costs of necessary and appropriate insurance and bonds of all types; (8) Costs of design, engineering, startup, commissioning and shakedown; (9) Costs of obtaining licenses to intellectual property necessary to design, construct, and operate the project; (10) A reasonable contingency reserve for cost overruns during construction; and (11) Capitalized interest necessary to meet market requirements, reasonably required reserve funds and other carrying costs during construction; and (12) Other necessary and reasonable costs. Project Costs do not include: (1) Fees and commissions charged to Borrower, including finder’s fees, for obtaining Federal or other funds; (2) Parent corporation or other affiliated entity’s general and administrative expenses, and non-project related parent corporation or affiliated entity assessments, including organizational expenses; (3) Goodwill, franchise, trade, or brand name costs; (4) Dividends and profit sharing to stockholders, employees, and officers; (5) Research, development, and demonstration costs of readying the innovative energy or environmental technology for employment in a commercial project; (6) Costs that are excessive or are not directly required to carry out the project, as determined by DOE, including but not limited to the cost of hedging instruments; (7) Expenses incurred after startup, commissioning, and shakedown before the facility has been placed in service; (8) Borrower-paid Credit Subsidy Costs, if any, and Administrative Costs of Issuing a Loan Guarantee; and (9) Operating costs.

indicates Financial Institution Partnership Program (FIPP) Project Costs include: (1) Costs of acquisition, lease, or rental of real property, including engineering fees, surveys, title insurance, recording fees, and legal fees incurred in connection with land acquisition, lease or rental, site improvements, site restoration, access roads, and fencing; (2) Costs of engineering, architectural, legal and bond fees, and insurance paid in connection with construction of the facility; and materials, labor, services, travel and transportation for facility design, construction, startup, commissioning and shakedown; (3) Costs of equipment purchases; (4) Costs to provide equipment, facilities, and services related to safety and environmental protection; (5) Financial and legal services costs, including other professional services and fees necessary to obtain required licenses and permits and to prepare environmental reports and data; (6) The cost of issuing project debt, such as fees, transaction and legal costs and other normal charges imposed by the Lead Lender and other Holders; (7) Costs of necessary and appropriate insurance and bonds of all types; (8) Costs of design, engineering, startup, commissioning and shakedown; (9) Costs of obtaining licenses to intellectual property necessary to design, construct, and operate the project; (10) A reasonable contingency reserve for cost overruns during construction; and (11) Capitalized interest necessary to meet market requirements, reasonably required reserve funds and other carrying costs during construction; and (12) Other necessary and reasonable costs. Project Costs do not include: (1) Fees and commissions charged to Borrower, including finder’s fees, for obtaining Federal or other funds; (2) Parent corporation or other affiliated entity’s general and administrative expenses, and non-project related parent corporation or affiliated entity assessments, including organizational expenses; (3) Goodwill, franchise, trade, or brand name costs; (4) Dividends and profit sharing to stockholders, employees, and officers; (5) Research, development, and demonstration costs of readying the innovative energy or environmental technology for employment in a commercial project; (6) Costs that are excessive or are not directly required to carry out the project, as determined by DOE, including but not limited to the cost of hedging instruments; (7) Expenses incurred after startup, commissioning, and shakedown before the facility has been placed in service; (8) Borrower-paid Credit Subsidy Costs, if any, and Administrative Costs of Issuing a Loan Guarantee; and (9) Operating costs.

Project Sponsor

indicates Innovative Techonology Project Sponsor means any person, firm, corporation, company, partnership, association, society, trust, joint venture, joint stock company or other business entity that assumes substantial responsibility for the development, financing, and structuring of a project eligible for a loan guarantee and, if not the Applicant, owns or controls, by itself and/or through individuals in common or affiliated business entities, a five percent or greater interest in the proposed Eligible Project, or the Applicant.

indicates Financial Institution Partnership Program (FIPP) Project Sponsor means any person, firm, corporation, company, partnership, association, society, trust, joint venture, joint stock company or other business entity that assumes substantial responsibility for the development, financing, and structuring of a project eligible for a loan guarantee and, if not the proposed Borrower, owns or controls, by itself and/or through individuals in common or affiliated business entities, a five percent or greater interest in the proposed Eligible Project, or in the proposed Borrower.

Public Utility Commission (PUC)

Public Utility Commission

Pumped storage

Pumped storage is a system of generating electricity with hydroelectric power, in which the electricity is generated during hours of peak consumption by using water that has been pumped into an elevated reservoir during the hours of low consumption. (also called hydroelectric storage)

Renewable Energy Credit (REC)

Certificates awarded locally (at a State level) to support the generation of renewable energy. In certain jurisdictions, RECs may be separately traded and sold.

Renewable Portfolio Standard (RPS)

Renewable Portfolio Standard (“RPS”) required investor-owned utilities and other privately-owned load-serving entities (“LSEs”) in the state to procure XX% (set by state law) of their needs from renewable generation sources by 20XX (set by state law).

Revenue ramp rate

This is the incremental factor by which income is increased in the projections for the Project.

Secretary

Secretary means the Secretary of Energy or a duly authorized designee or successor in interest.

Solicitation

indicates Innovative Techonology Solicitation means this solicitation, including all Attachments. A solicitation is a funding opportunity issued by the DOE for which an applicant is invited to apply for.

indicates Financial Institution Partnership Program (FIPP) Solicitation means the solicitation issued by DOE on October 7, 2009 for Applications for renewable energy systems projects located in the United States, including hydropower, that generate electricity or thermal energy by using Commercial Technology.

Stakeholder

Any individual that is impacted by, or a user of a service or product.

Statement on Auditing Standards (SAS)

Statement on Auditing Standards and defines the standards an auditor must employ in order to assess the contracted internal controls of an organization

Structured Query Language (SQL)

SQL is a database computer language designed for managing data in relational database management systems

Term sheet

indicates Innovative Techonology “Term Sheet” means an offering document issued by DOE that specifies the detailed terms and conditions under which DOE may enter into a Conditional Commitment with the Applicant. A Term Sheet imposes no obligation on the Secretary to enter into a Conditional Commitment.

indicates Financial Institution Partnership Program (FIPP) “Term Sheet” means an offering document issued by DOE that specifies the detailed terms and conditions of the Loan Agreement under which DOE may enter into a Conditional Commitment with the Applicant or Lender-Applicant and the proposed Borrower. A Term Sheet imposes no obligation on the Secretary to enter into a Conditional Commitment.

Treasury

“Treasury” means the U.S. Department of the Treasury.

Ultra Efficient Vehicle (UEV)

UEVs are fully closed compartment vehicles designed to carry at least two (2) adult passengers that achieve: (i) at least 75 miles per gallon while operating on gasoline or diesel fuel, (ii) at least 75 miles per gallon equivalent while operating as a hybrid electric-gasoline or electric-diesel vehicle, or (iii) at least 75 miles per gallon equivalent while operating as a fully electric vehicle.

Uniform Commercial Code (UCC)

Uniform Commercial Code

United States (US)

“United States” means the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa or any territory or possession of the United States of America.

United States Fish and Wildlife Service (FWS)

See: United States Fish and Wildlife Service

United States Fish and Wildlife Service (USFWS (FWS))

The United States Fish and Wildlife Service (FWS) is a federal government agency within the U.S. Department of the Interior dedicated to the management of fish, wildlife, and habitats.

Universal Serial Bus (USB)

USB is a computing standard for interconnecting PC devices.

USA Energy Advisors (USAEA)

USAEA is a management team which is under contract with the Department of Energy’s Loan Guarantee Program.

User Acceptance Test (UAT)

A structured process in which acceptance testing (of a system or system changes) is performed by the customer. This is known as user acceptance testing (UAT).

Wetland

Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

Work Breakdown Structures (WBS)

A method for breaking down a complex project into smaller and more manageable tasks.