N.J. Admin. Code § 14:3-1.1 - Definitions

The following words and terms, when used at N.J.A.C. 14:3 through 14:10 and 14:29, shall have the following meanings, unless the context clearly indicates otherwise:

"Attempted cyber intrusion" means an unsuccessful attempt to commit a cyber intrusion:

1. By actions determined to be intentionally malicious;

2. Directed specifically at a utility computer system;

3. Persistent or otherwise determined to specifically target a utility computer system;

4. If successful, would have resulted in a potential misoperation of an industrial control system (ICS) or would have resulted in a direct exposure of data protected pursuant to N.J.S.A. 56:8-163; and

5. That is not the result of normal operations, unanticipated effects of a change made to a system, failure of a component, or other actions that are reasonably understood to be non-malicious or unintentional.

"Board" means the Board of Public Utilities of New Jersey.

"Class A water utility" means a public utility that meets the definition of "class A water utility" in the National Association of Regulatory Utility Commissioners' (NARUC) 2007 "Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities," incorporated herein by reference, as amended or supplemented, available at http://maxxwww.naruc.org/forms/store/ProductFormPublic/regulations-to-govern-the-preservation-of-records.

"Corporation stop" means the fitting inserted in the distribution main to which the service pipe is attached. It is used for shutting off the water in case of repairs to the service pipe.

"Curb stop" means the fitting attached to the service pipe at the curb, for turning on and shutting off water in emergencies or for purposes of repair.

Customer" means a person that is an end user, a customer of record, or both, as these terms are defined in this section.

"Customer of record" means the person that applies for utility service and is identified in the account records of a public utility as the person responsible for payment of the public utility bill. A customer may or may not be an end user, as defined herein.

"Cyber attack" means an attempt to gain unauthorized access by bypassing or defeating the access controls of the computer, network, or system, with the intent to damage, destroy, modify, or otherwise harm a computer, network, or system.

"Cyber breach" means a data breach or cyber attack, confirmed by the utility company, in which sensitive, confidential, or otherwise protected information is accessed, disclosed, or modified in an unauthorized manner.

"Cyber intrusion" means a successful, intentional, malicious bypass, or compromise of one or more security controls of a utility computer system resulting in:

1. A breach or degradation of the confidentiality, integrity, or availability of the system;

2. An otherwise-authorized user exceeding authorized levels of access; or

3. Malicious exposure of data protected pursuant to N.J.S.A. 56:8-163.

"Days" means calendar days unless specified otherwise.

"Electric public utility" means a public utility, as defined in this section, that distributes electricity to end users.

"End user" means a person who receives, uses, or consumes electricity, gas, telephone, water or wastewater service. An end user may or may not be a customer of record, as defined in this section.

"Gas public utility" means a public utility, as defined in this section, that distributes gas to end users.

"Licensed medical professional" means a health care provider with prescriptive authority.

"Normal business hours" means 9:00 A.M. to 5:00 P.M. weekdays, except for days upon which the Board of Public Utilities is closed for business, including, but not limited to, New Jersey State holidays. A list of New Jersey State holidays can be obtained at https://www.state.nj.us/nj/about/facts/holidays/.

"Person" means an individual, firm, joint venture, partnership, copartnership, corporation, association, State, county, municipality, public agency or authority, bi-state or interstate agency or authority, public utility, regulated entity, cable television company, cooperation association, or joint stock association, trust, limited liability company, governmental entity, or other legal entity, and includes any trustee, receiver, assignee, or personal representative thereof.

"Public utility" has the meaning ascribed to this term at N.J.S.A. 48:2-13.

"Regulated entity" means a person or entity that is subject to the jurisdiction of the Board, or that provides a product or service subject to the jurisdiction of the Board. This term includes a public utility, as defined in this section.

"Regulated service" means a service subject to regulation by the Board.

"Residential customer" means a customer who receives service from a regulated entity for use in a residence.

"Telephone utility" has the meaning assigned to this term in the Board's telephone rules at N.J.A.C. 14:10-1.2.

"Unknown accounts" means a utility account where there is no customer of record, yet there is active consumption on the meter.

"Utility computer system" means any combination of hardware, software, and related services, including industrial control systems (ICS) that could affect a New Jersey utility consumer or system that stores information related to New Jersey utility consumers and is protected pursuant to N.J.S.A. 56:8-163.

"Wastewater utility" has the meaning assigned to this term in the Board's water and wastewater rules at N.J.A.C. 14:9-1.2.

"Water utility" has the meaning assigned to this term in the Board's water and wastewater rules at N.J.A.C. 14:9-1.2.

Notes

N.J. Admin. Code § 14:3-1.1

Amended by 52 N.J.R. 1566(a), effective 8/3/2020 Amended by 54 N.J.R. 1612(a), effective 8/15/2022