71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. HB 3788
LC 3717/HB 3788-A21
HOUSE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3788
By JOINT COMMITTEE ON WAYS AND MEANS
June 11
On page 1 of the printed A-engrossed bill, line 3, delete '
468A.040,'.
On page 4, delete lines 12 through 45 and delete pages 5
through 7 and insert:
' { + NOTE: + } Section 5 was deleted by amendment.
Subsequent sections were not renumbered.
' { + SECTION 6. + } ORS 469.300, as amended by section 2,
chapter 134, Oregon Laws 2001 (Enrolled Senate Bill 843), is
amended to read:
' 469.300. As used in ORS 469.300 to 469.563, 469.590 to
469.619, 469.930 and 469.992, unless the context requires
otherwise:
' (1) 'Administrator' means the administrator of the Office of
Energy created under ORS 469.030.
' (2) 'Applicant' means any person who makes application for a
site certificate in the manner provided in ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992.
' (3) 'Application' means a request for approval of a
particular site or sites for the construction and operation of an
energy facility or the construction and operation of an
additional energy facility upon a site for which a certificate
has already been issued, filed in accordance with the procedures
established pursuant to ORS 469.300 to 469.563, 469.590 to
469.619, 469.930 and 469.992.
' (4) 'Associated transmission lines' means new transmission
lines constructed to connect an energy facility to the first
point of junction of such transmission line or lines with either
a power distribution system or an interconnected primary
transmission system or both or to the Northwest Power Grid.
' (5) 'Average electric generating capacity' means the peak
generating capacity of the facility divided by one of the
following factors:
' (a) For wind or solar energy facilities, 3.00;
' (b) For geothermal energy facilities, 1.11; or
' (c) For all other energy facilities, 1.00.
' (6) 'Combustion turbine power plant' means a thermal power
plant consisting of one or more fuel-fired combustion turbines
and any associated waste heat combined cycle generators.
' (7) 'Construction' means work performed on a site, excluding
surveying, exploration or other activities to define or
characterize the site, the cost of which exceeds $250,000.
' (8) 'Council' means the Energy Facility Siting Council
established under ORS 469.450.
' (9) 'Electric utility' means persons, regulated electrical
companies, people's utility districts, joint operating agencies,
electric cooperatives, municipalities or any combination thereof,
engaged in or authorized to engage in the business of generating,
supplying, transmitting or distributing electric energy.
{ - ' Electric utility' includes any person or public agency
generating electric energy from an energy facility for its own
consumption. - }
' (10)(a) 'Energy facility' means any of the following:
' (A) An electric power generating plant with a nominal
electric generating capacity of 25 megawatts or more, including
but not limited to:
' (i) Thermal power; or
' (ii) Combustion turbine power plant.
' (B) A nuclear installation as defined in this section.
' (C) A high voltage transmission line of more than 10 miles in
length with a capacity of 230,000 volts or more to be constructed
in more than one city or county in this state, but excluding:
' (i) Lines proposed for construction entirely within 500 feet
of an existing corridor occupied by high voltage transmission
lines with a capacity of 230,000 volts or more; and
' (ii) Lines of 57,000 volts or more that are rebuilt and
upgraded to 230,000 volts along the same right of way.
' (D) A solar collecting facility using more than 100 acres of
land.
' (E) A pipeline that is:
' (i) At least six inches in diameter, and five or more miles
in length, used for the transportation of crude petroleum or a
derivative thereof, liquified natural gas, a geothermal energy
form in a liquid state or other fossil energy resource, excluding
a pipeline conveying natural or synthetic gas;
' (ii) At least 16 inches in diameter, and five or more miles
in length, used for the transportation of natural or synthetic
gas, but excluding:
' (I) A pipeline proposed for construction of which less than
five miles of the pipeline is more than 50 feet from a public
road, as defined in ORS 368.001; or
' (II) A parallel or upgraded pipeline up to 24 inches in
diameter that is constructed within the same right of way as an
existing 16-inch or larger pipeline that has a site certificate,
if all studies and necessary mitigation conducted for the
existing site certificate meet or are updated to meet current
site certificate standards; or
' (iii) At least 16 inches in diameter and five or more miles
in length used to carry a geothermal energy form in a gaseous
state but excluding a pipeline used to distribute heat within a
geothermal heating district established under ORS chapter 523.
' (F) A synthetic fuel plant which converts a natural resource
including, but not limited to, coal or oil to a gas, liquid or
solid product intended to be used as a fuel and capable of being
burned to produce the equivalent of two billion Btu of heat a
day.
' (G) A plant which converts biomass to a gas, liquid or solid
product, or combination of such products, intended to be used as
a fuel and if any one of such products is capable of being burned
to produce the equivalent of six billion Btu of heat a day.
' (H) A storage facility for liquified natural gas constructed
after September 29, 1991, that is designed to hold at least
70,000 gallons.
' (I) A surface facility related to an underground gas storage
reservoir that, at design injection or withdrawal rates, will
receive or deliver more than 50 million cubic feet of natural or
synthetic gas per day, or require more than 4,000 horsepower of
natural gas compression to operate, but excluding:
' (i) The underground storage reservoir;
' (ii) The injection, withdrawal or monitoring wells and
individual wellhead equipment; and
' (iii) An underground gas storage reservoir into which gas is
injected solely for testing or reservoir maintenance purposes or
to facilitate the secondary recovery of oil or other
hydrocarbons.
' (J) An electric power generating plant with an average
electric generating capacity of 35 megawatts or more if the power
is produced from geothermal, solar or wind energy at a single
energy facility or within a single energy generation area.
' (b) 'Energy facility' does not include a hydroelectric
facility.
' (11) 'Energy generation area' means an area within which the
effects of two or more small generating plants may accumulate so
the small generating plants have effects of a magnitude similar
to a single generating plant of 35 megawatts average electric
generating capacity or more. An 'energy generation area' for
facilities using a geothermal resource and covered by a unit
agreement, as provided in ORS 522.405 to 522.545 or by federal
law, shall be defined in that unit agreement. If no such unit
agreement exists, an energy generation area for facilities using
a geothermal resource shall be the area that is within two miles,
measured from the electrical generating equipment of the
facility, of an existing or proposed geothermal electric power
generating plant, not including the site of any other such plant
not owned or controlled by the same person.
' (12) 'Extraordinary nuclear occurrence' means any event
causing a discharge or dispersal of source material, special
nuclear material or by-product material as those terms are
defined in ORS 453.605, from its intended place of confinement
off-site, or causing radiation levels off-site, that the United
States Nuclear Regulatory Commission or its successor determines
to be substantial and to have resulted in or to be likely to
result in substantial damages to persons or property off-site.
' (13) 'Facility' means an energy facility together with any
related or supporting facilities.
' (14) 'Geothermal reservoir' means an aquifer or aquifers
containing a common geothermal fluid.
' (15) 'Local government' means a city or county.
' (16) 'Nominal electric generating capacity' means the maximum
net electric power output of an energy facility based on the
average temperature, barometric pressure and relative humidity at
the site during the times of the year when the facility is
intended to operate.
' (17) 'Nuclear incident' means any occurrence, including an
extraordinary nuclear occurrence, that results in bodily injury,
sickness, disease, death, loss of or damage to property or loss
of use of property due to the radioactive, toxic, explosive or
other hazardous properties of source material, special nuclear
material or by-product material as those terms are defined in ORS
453.605.
' (18) 'Nuclear installation' means any power reactor; nuclear
fuel fabrication plant; nuclear fuel reprocessing plant; waste
disposal facility for radioactive waste; and any facility
handling that quantity of fissionable materials sufficient to
form a critical mass. 'Nuclear installation' does not include any
such facilities which are part of a thermal power plant.
' (19) 'Nuclear power plant' means an electrical or any other
facility using nuclear energy with a nominal electric generating
capacity of 25 megawatts or more, for generation and distribution
of electricity, and associated transmission lines.
' (20) 'Office of Energy' means the Office of Energy created
under ORS 469.030.
' (21) 'Person' means an individual, partnership, joint
venture, private or public corporation, association, firm, public
service company, political subdivision, municipal corporation,
government agency, people's utility district, or any other
entity, public or private, however organized.
' (22) 'Project order' means the order, including any
amendments, issued by the Office of Energy under ORS 469.330.
' (23)(a) 'Radioactive waste' means all material which is
discarded, unwanted or has no present lawful economic use, and
contains mined or refined naturally occurring isotopes,
accelerator produced isotopes and by-product material, source
material or special nuclear material as those terms are defined
in ORS 453.605. The term does not include those radioactive
materials identified in OAR 345-50-020, 345-50-025 and
345-50-035, adopted by the council on December 12, 1978, and
revised periodically for the purpose of adding additional
isotopes which are not referred to in OAR 345-50 as presenting no
significant danger to the public health and safety.
' (b) Notwithstanding paragraph (a) of this subsection, '
radioactive waste' does not include uranium mine overburden or
uranium mill tailings, mill wastes or mill by-product materials
as those terms are defined in Title 42, United States Code,
section 2014, on June 25, 1979.
' (24) 'Related or supporting facilities' means any structure,
proposed by the applicant, to be constructed or substantially
modified in connection with the construction of an energy
facility, including associated transmission lines, reservoirs,
storage facilities, intake structures, road and rail access,
pipelines, barge basins, office or public buildings, and
commercial and industrial structures. 'Related or supporting
facilities' does not include geothermal or underground gas
storage reservoirs, production, injection or monitoring wells or
wellhead equipment or pumps.
' (25) 'Site' means any proposed location of an energy facility
and related or supporting facilities.
' (26) 'Site certificate' means the binding agreement between
the State of Oregon and the applicant, authorizing the applicant
to construct and operate a facility on an approved site,
incorporating all conditions imposed by the council on the
applicant.
' (27) 'Thermal power plant' means an electrical facility using
any source of thermal energy with a nominal electric generating
capacity of 25 megawatts or more, for generation and distribution
of electricity, and associated transmission lines, including but
not limited to a nuclear-fueled, geothermal-fueled or
fossil-fueled power plant, but not including a portable power
plant the principal use of which is to supply power in
emergencies. 'Thermal power plant' includes a nuclear-fueled
thermal power plant that has ceased to operate.
' (28) 'Transportation' means the transport within the borders
of the State of Oregon of radioactive material destined for or
derived from any location.
' (29) 'Underground gas storage reservoir' means any subsurface
sand, strata, formation, aquifer, cavern or void, whether natural
or artificially created, suitable for the injection, storage and
withdrawal of natural gas or other gaseous substances.
'Underground gas storage reservoir' includes a pool as defined in
ORS 520.005.
' (30) 'Utility' includes:
' (a) A person, a regulated electrical company, a people's
utility district, a joint operating agency, an electric
cooperative, municipality or any combination thereof, engaged in
or authorized to engage in the business of generating,
transmitting or distributing electric energy;
' (b) A person or public agency generating electric energy from
an energy facility for its own consumption; and
' (c) A person engaged in this state in the transmission or
distribution of natural or synthetic gas.
' (31) 'Waste disposal facility' means a geographical site in
or upon which radioactive waste is held or placed but does not
include a site at which radioactive waste used or generated
pursuant to a license granted under ORS 453.635 is stored
temporarily, a site of a thermal power plant used for the
temporary storage of radioactive waste from that plant for which
a site certificate has been issued pursuant to this chapter or a
site used for temporary storage of radioactive waste from a
reactor operated by a college, university or graduate center for
research purposes and not connected to the Northwest Power Grid.
As used in this subsection, 'temporary storage' includes storage
of radioactive waste on the site of a nuclear-fueled thermal
power plant for which a site certificate has been issued until a
permanent storage site is available by the federal government.'.
On page 8, delete lines 1 through 12.
On page 11, after line 24, insert:
' (9) Notwithstanding the definition of 'energy facility' in
ORS 469.300 (10)(a)(J), an electric power generating plant with
an average electric generating capacity of less than 35 megawatts
produced from wind energy at a single energy facility or within a
single energy generation area may elect to obtain a site
certificate in the manner provided in ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992. An election to obtain a
site certificate under this subsection shall be final upon
submission of an application for a site certificate.'.
Delete lines 25 through 45 and delete pages 12 and 13.
On page 14, delete lines 1 through 30 and insert:
' { + SECTION 8. + } ORS 469.320, as amended by section 7 of
this 2001 Act, is amended to read:
' 469.320. (1) Except as provided in subsections (2) and (5) of
this section, no facility shall be constructed or expanded unless
a site certificate has been issued for the site thereof in the
manner provided in ORS 469.300 to 469.563, 469.590 to 469.619,
469.930 and 469.992. No facility shall be constructed or operated
except in conformity with the requirements of ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992.
' (2) No site certificate shall be required for:
' (a) An energy facility for which no site certificate has been
issued that, on August 2, 1993, had operable electric generating
equipment for a modification that uses the same fuel type and
increases electric generating capacity, if:
' (A) The site is not enlarged; and
' (B) The ability of the energy facility to use fuel for
electricity production under peak steady state operating
conditions is not more than 200 million Btu per hour greater than
it was on August 2, 1993, or the energy facility expansion is
called for in the short-term plan of action of an energy resource
plan that has been acknowledged by the Public Utility Commission
of Oregon.
' (b) Construction or expansion of any interstate natural gas
pipeline or associated underground natural gas storage facility
authorized by and subject to the continuing regulation of the
Federal Energy Regulatory Commission or successor agency.
' (c) An energy facility, except coal and nuclear power plants,
if the energy facility:
' (A) Sequentially produces electrical energy and useful
thermal energy from the same fuel source; and
' (B) Under normal operating conditions, has a useful thermal
energy output of no less than 33 percent of the total energy
output or the fuel chargeable to power heat rate value is not
greater than 6,000 Btu per kilowatt hour.
' (d) Temporary storage, at the site of a nuclear-fueled
thermal power plant for which a site certificate has been issued
by the State of Oregon, of radioactive waste from the plant.
' (e) An energy facility as defined in ORS 469.300 (9)(a)(G),
if the plant also produces a secondary fuel used on site for the
production of heat or electricity, if the output of the primary
fuel is less than six billion Btu of heat a day.
' (f) An energy facility as defined in ORS 469.300 (9)(a)(G),
if the facility:
' (A) Uses biomass exclusively from grain, whey or potatoes as
the source of material for conversion to a liquid fuel;
' (B) Has received local land use approval under the applicable
acknowledged comprehensive plan and land use regulations of the
affected local government and the facility complies with any
statewide planning goals or rules of the Land Conservation and
Development Commission that are directly applicable to the
facility;
' (C) Requires no new electric transmission lines or gas or
petroleum product pipelines that would require a site certificate
under subsection (1) of this section; and
' (D) Produces synthetic fuel, at least 90 percent of which is
used in an industrial or refueling facility located within one
mile of the facility or is transported from the facility by rail
or barge.
' { - (g) A temporary energy generating facility, if the
facility complies with all applicable carbon dioxide emissions
standards adopted by the Energy Facility Siting Council or
enacted by statute and the applicant agrees to provide funds to a
qualified organization in an amount determined by the council to
be sufficient to produce any required reductions in carbon
dioxide as specified in ORS 469.501. To support the council's
finding that the facility complies with all applicable carbon
dioxide emissions standards, the applicant shall provide proof
acceptable to the council that shows the contracted nominal
electric generating capacity of the facility and the contracted
heat rate in higher heating value. The applicant shall pay the
funds to the qualified organization before commencing
construction on the temporary facility. The amount of the carbon
dioxide offset funds for a temporary facility shall be subject to
adjustment as provided in subsection (7)(c) of this section. - }
' { - (h) - } { + (g) + } A standby generation facility, if
the facility complies with all of the following:
' (A) The facility has received local land use approval under
the applicable acknowledged comprehensive plan and land use
regulations of the affected local government and the facility
complies with all statewide planning goals and applicable rules
of the Land Conservation and Development Commission;
' (B) The standby generators have been approved by the
Department of Environmental Quality as having complied with all
applicable air and water quality requirements. For an applicant
that proposes to provide the physical facilities for the
installation of standby generators, the requirement of this
subparagraph may be met by agreeing to require such a term in the
lease contract for the facility; and
' (C) The standby generators are electrically incapable of
being interconnected to the transmission grid. For an applicant
that proposes to provide the physical facilities for the
installation of standby generators, the requirement of this
subparagraph may be met by agreeing to require such a term in the
lease contract for the facility.
' (3) The Energy Facility Siting Council may review, and if
necessary, revise the fuel chargeable to power heat rate value
set forth in subsection (2)(c)(B) of this section. In making its
determination, the council shall ensure that the fuel chargeable
to power heat rate value for facilities set forth in subsection
(2)(c)(B) of this section remains significantly lower than the
fuel chargeable to power heat rate value for the best available,
commercially viable thermal power plant technology at the time of
the revision.
' (4) Any person who proposes to construct or enlarge an energy
facility and who claims an exemption under subsection (2)(a),
(c), (f) or { - (h) - } { + (g) + } of this section from the
requirement to obtain a site certificate shall request the Energy
Facility Siting Council to determine whether the proposed
facility qualifies for the claimed exemption. The council shall
make its determination within 60 days after the request for
exemption is filed. An appeal from the council's determination on
a request for exemption shall be made under ORS 469.403, except
that the scope of review by the Supreme Court shall be the same
as a review by a circuit court under ORS 183.484. The record on
review by the Supreme Court shall be the record established in
the council proceeding on the exemption.
' (5) Notwithstanding subsection (1) of this section, a
separate site certificate shall not be required for:
' (a) Transmission lines, storage facilities, pipelines or
similar related or supporting facilities, if such related or
supporting facilities are addressed in and are subject to a site
certificate for another energy facility;
' (b) Expansion within the site or within the energy generation
area of a facility for which a site certificate has been issued,
if the existing site certificate has been amended to authorize
expansion; or
' (c) Expansion, either within the site or outside the site, of
an existing council certified surface facility related to an
underground gas storage reservoir, if the existing site
certificate is amended to authorize expansion.
' (6) If the substantial loss of the steam host causes a
facility exempt under subsection (2)(c) of this section to
substantially fail to meet the exemption requirements under
subsection (2)(c) of this section, the electric generating
facility shall cease to operate one year after the substantial
loss of the steam host unless an application for a site
certificate has been filed in accordance with the provisions of
ORS 469.300 to 469.563.
' { - (7)(a) Any person who proposes to construct or enlarge a
temporary energy generating facility and who claims an exemption
under subsection (2)(g) of this section from the requirement to
obtain a site certificate shall request the Energy Facility
Siting Council to determine whether the proposed facility
qualifies for the claimed exemption. The council shall make its
determination within 30 days of receiving all of the information
necessary to support the determination. Such exemption shall
provide that the applicant may not begin construction of the
temporary energy generating facility until the facility has
received the required local land use approval under the
applicable acknowledged comprehensive plan and land use
regulations of the affected local government and the facility
complies with all statewide planning goals and applicable rules
of the Land Conservation and Development Commission. The
exemption shall also require that the temporary energy generating
facility cease operation no later than 24 months after the date
of first commercial operation or January 2, 2006, whichever is
earlier. An appeal from the council's determination on a request
for exemption shall be made under ORS 469.403, except that the
order may not be stayed and the scope of review by the Supreme
Court shall be the same as a review by a circuit court under ORS
183.484. - }
' { - (b) The council may not grant an exemption for a
temporary energy generating facility pursuant to subsection
(2)(g) of this section after July 1, 2003. - }
' { - (c) Within 30 days of ceasing operation of a temporary
energy generating facility, the applicant shall report the total
actual fuel used during commercial operation of the temporary
energy generating facility. Based on the total actual fuel used
during commercial operation, the council shall determine whether
additional offset funds, as defined in ORS 469.503, and
contracting and selection funds are owed to the qualified
organization. If the council determines that additional offset
funds are owed to the qualified organization, the applicant shall
pay such amounts within 60 days of the council's order
determining the amount of additional funds. - }
' { - (d) Notwithstanding the provisions of paragraph (a) of
this subsection that require a temporary energy generating
facility granted an exemption pursuant to subsection (2)(g) of
this section to cease operation within 24 months of first
commercial operation, if the owner of a temporary energy
generating facility submits an application for a site certificate
prior to the last day of the period constituting the exemption or
January 1, 2005, whichever date is earlier, the council shall
extend the period constituting the exemption and shall allow the
temporary energy generating facility to continue operation until
the council concludes its review of the site certificate
application. The council may specify a date by which the
application must be completed. If the application is not
completed by the date specified by the council, or is rejected by
the council, the energy facility shall cease operation on the
specified date. An energy facility operating pursuant to this
paragraph shall cease operation if the applicant for the site
certificate suspends the application. - }
' { - (8) - } { + (7) + } As used in this section:
' (a) 'Standby generation facility' means an electric power
generating facility, including standby generators and the
physical structures necessary to install and connect standby
generators, that provides temporary electric power in the event
of a power outage and that is electrically incapable of being
interconnected with the transmission grid.
' { - (b) 'Temporary energy generating facility' means an
electric power generating facility, including a thermal power
plant and a combustion turbine power plant, but not including a
hydropower plant, with a nominal electric generating capacity of
no more than 100 megawatts that is operated for no more than 24
months from the date of initial commercial operation. - }
' { - (c) - } { + (b) + } 'Total energy output' means the
sum of useful thermal energy output and useful electrical energy
output.
' { - (d) - } { + (c) + } 'Useful thermal energy' means the
verifiable thermal energy used in any viable industrial or
commercial process, heating or cooling application.
' { - (9) - } { + (8) + } Notwithstanding the definition of
'energy facility' in ORS 469.300 (10)(a)(J), an electric power
generating plant with an average electric generating capacity of
less than 35 megawatts produced from wind energy at a single
energy facility or within a single energy generation area may
elect to obtain a site certificate in the manner provided in ORS
469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. An
election to obtain a site certificate under this subsection shall
be final upon submission of an application for a site
certificate.'.
On page 21, delete lines 1 through 10 and insert:
' (f)(A) Discharges process wastewater to a wastewater
treatment facility that has an existing National Pollutant
Discharge Elimination System permit, can obtain an industrial
pretreatment permit, if needed, within the expedited review
process time frame and has written confirmation from the
wastewater facility permit holder that the additional wastewater
load will be accommodated by the facility without resulting in a
significant thermal increase in the facility effluent or without
requiring any changes to the wastewater facility National
Pollutant Discharge Elimination System permit;
' (B) Plans to discharge process wastewater to a wastewater
treatment facility owned by a municipal corporation that will
accommodate the wastewater from the energy facility and supplies
evidence from the municipal corporation that:
' (i) The municipal corporation has included, or intends to
include, the process wastewater load from the energy facility in
an application for a National Pollutant Discharge Elimination
System permit; and
' (ii) All conditions required of the energy facility to allow
the discharge of process wastewater from the energy facility will
be satisfied; or
' (C) Obtains a National Pollutant Discharge Elimination System
or water pollution control facility permit for process wastewater
disposal, supplies evidence to support a finding that the
discharge can likely be permitted within the expedited review
process time frame and that the discharge will not require:
' (i) A new National Pollutant Discharge Elimination System
permit, except for a storm water general permit for construction
activities; or
' (ii) A change in any effluent limit or discharge location
under an existing National Pollutant Discharge Elimination System
or water pollution control facility permit.'.
On page 24, after line 41, insert:
' { + SECTION 20. + } { + Section 21 of this 2001 Act is
added to and made a part of ORS chapter 757. + }
' { + SECTION 21. + } { + (1) Notwithstanding any other
provision of this chapter, a customer of an electric company that
entered into a contract with the electric company before the
effective date of this 2001 Act, and that under the terms of the
contract is not paying for electricity based on a market index
price on the effective date of this 2001 Act but would be
required, on or after October 1, 2001, to pay for electricity
based on a market index price for wholesale power, may elect to
pay for electricity from the electric company pursuant to the
terms of any tariff rate that the electric company offers to
other customers who have similar load characteristics, including
any tariff rate that may be offered under the provisions of
chapter 865, Oregon Laws 1999.
' (2) An election under this section may be made only for the
period beginning on October 1, 2001, and ending on December 31,
2003.
' (3) A customer of an electric company may make an election
under this section only if the customer pays to the electric
company before October 1, 2001, an amount equal to the difference
between the amount paid to the electric company under the
contract before October 1, 2001, based on a market index price
and the amount the customer would have paid under the tariff
rates in effect for other customers with similar load
characteristics during the period that the electric company was
paying for electricity based on a market index price.
' (4) If a customer of an electric utility elects under this
section to pay for electricity pursuant to a tariff that is based
on cost of service, the electric company may adjust its tariff to
allow the electric company to recover the costs of providing
electricity in the same manner and to the same extent as the
electric company recovers those costs from other customers who
pay for electricity under the same tariff.
' (5) The provisions of this section do not apply to a
municipal electric utility, a people's utility district or an
electric cooperative. + } ' .
In line 42, delete '20' and insert '22'.
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