71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to B-Eng. HB 3696
 
LC 3120/HB 3696-B15
 
                      SENATE AMENDMENTS TO
                   B-ENGROSSED HOUSE BILL 3696
 
                 By COMMITTEE ON PUBLIC AFFAIRS
 
                             July 2
 
  On page 1 of the printed B-engrossed bill, delete lines 22 and
23 and insert:
  '  { +  SECTION 2. + } (1) For purposes of this section:
  ' (a) 'Resource rate plan' means a plan by a public utility to
construct a generating plant or to enter into a wholesale power
purchase or sales agreement with a term that is longer than one
year.
  ' (b) 'Site' means:
  ' (A) Buildings or other related structures that are
interconnected by facilities owned by a single public utility
customer and that are served through a single electric meter; or
  ' (B) A single contiguous area of land containing buildings or
other structures that are separated by not more than 1,000 feet,
such that:
  ' (i) Each building or structure included in the site is not
more than 1,000 feet from at least one other building or
structure in the site;
  ' (ii) Buildings and structures in the site, and land
containing and connecting buildings and structures in the site,
are owned by a public utility customer who is billed for
electricity use at the buildings and structures; and
  ' (iii) Land shall be considered to be contiguous even if there
is an intervening public or railroad right of way, provided that
rights-of-way land on which municipal infrastructure facilities
exist, such as street lighting, sewerage transmission and roadway
controls, shall not be considered contiguous.'.
  On page 2, delete line 1.
  In line 3, after the period insert 'A public utility must make
a separate tariff filing for each proposed resource rate plan.'.
  After line 11, insert:
  ' (3) A customer receiving electricity from a public utility
may elect to be exempt from the costs and benefits of a resource
rate plan for any single site at which the customer has had a
peak load in excess of nine megawatts in any hour during the
12-month period immediately preceding the date on which the
public utility files a tariff under this section. A public
utility filing a tariff under this section must give written
notice of the provisions of this subsection to all of its
customers that are eligible to make an election under this
subsection. The notice must be given within three days after the
tariff is filed. An election under this subsection must be made
by a customer within 30 days after the tariff is filed.
  ' (4) A public utility customer that elects to be exempt under
subsection (3) of this section may also elect to be exempt from
the costs and benefits of a resource rate plan for any single
site at which the customer has had a peak load in excess of one
megawatt in any hour during the 12-month period immediately
preceding the date on which the public utility files a tariff
under this section. An election under this subsection must be
 
made as part of the election under subsection (3) of this
section.
  ' (5) The commission shall ensure that customers making an
election under subsection (3) or (4) of this section are charged
the market cost for all electricity that is required to replace
the electricity that would otherwise have been provided under the
resource rate plan, and that the election does not result in
increased costs or risks to the public utility or to other
customers of the public utility.
  ' (6) The commission, by rule, may allow customers of a public
utility other than those customers described in subsection (3) of
this section to elect to be exempt from the costs and benefits of
a resource rate plan.'.
  In line 12, delete '(3)' and insert '(7)'.
  Delete lines 23 through 27 and insert:
  ' (8) If the commission approves a resource rate plan, the
commission may not thereafter review the costs and rates specific
to the resource rate plan or other obligations of the public
utility under the plan, or consider any complaint under ORS
756.500 seeking review of the costs and rates specific to the
resource rate plan or other obligations of the public utility
under the plan, except for the purpose of determining whether the
public utility is in compliance with the plan and has established
rates in accordance with the plan.'.
  In line 28, delete '(5)' and insert '(9)'.
  In line 30, delete '(6)' and insert '(10)'.
  In line 32, delete '(7)' and insert '(11)'.
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