“Eligible customer” means an end-use customer which is:
1. A nongovernmental commercial or industrial end-use customer that:
(a) Was an end-use customer of an electric utility at any time before June 12, 2019; and
(b) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.
2. A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:
(a) Was an end-use customer of an electric utility at any time before June 12, 2019;
(b) Performs its functions using one or more facilities which are operated under a common budget and common control; and
(c) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.
3. A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:
(a) Was not an end-use customer of an electric utility at any time before June 12, 2019;
(b) Performs its functions using one or more facilities which are operated under a common budget and common control; and
(c) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.
4. A nongovernmental commercial or industrial end-use customer that:
(a) Was not an end-use customer of an electric utility at any time before June 12, 2019; and
(b) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.