1. “Energy efficiency program” means a program designed, intended or used to improve energy efficiency by reducing the energy consumption by a retail customer of an electric utility.
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 is used.