72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 321
 
Sponsored by Senator MESSERLE, Representatives KRIEGER, VERGER
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to natural gas; amending ORS 758.410; and declaring an
  emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 758.410 is amended to read:
  758.410. (1) Any person providing a utility service may
contract with any other person providing a similar utility
service for the purpose of allocating territories and customers
between the parties and designating which territories and
customers are to be served by which of said contracting parties;
and the territories and customers so allocated and designated may
include all or any portion of the territories and customers which
are being served by either or both of the parties at the time the
contract is entered into, or which could be economically served
by the then existing facilities of either party, or by reasonable
and economic extensions thereto.
  (2) Any such contracting parties may also contract in writing
for the sale, exchange, transfer, or lease of equipment or
facilities located within territory which is the subject of the
allocation agreed upon pursuant to subsection (1) of this
section.  Any sale, exchange, transfer or lease of equipment,
plant or facilities made pursuant to this subsection by any
person which is a 'public utility' as defined in ORS 757.005 is
also subject to the approval of the Public Utility Commission to
the extent required by ORS chapter 757.
   { +  (3) The commission may approve a contract entered into
under this section that authorizes Coos County to construct a
natural gas pipeline into allocated territory in Coos County and
that contains terms for the allocation of industrial customers in
Coos County between the county and the other party to the
contract. The contract need not specify the territory in which
industrial customers subject to the allocation are located. The
commission may approve the provisions of a contract under this
subsection that govern allocation of industrial customers only if
the commission determines that the provisions promote the
purposes specified in ORS 758.405. The commission shall actively
supervise the implementation of any contract entered into
pursuant to this subsection to ensure that the contract continues
to promote the purposes specified in ORS 758.405. A contract
entered into under this subsection is not subject to ORS 758.420
(2). + }
  SECTION 2.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
 
 
Enrolled Senate Bill 321 (SB 321-INTRO)                    Page 1
 
 
 
is declared to exist, and this 2003 Act takes effect on its
passage. + }
                         ----------
 
 
Passed by Senate February 10, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House March 12, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 321 (SB 321-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 321 (SB 321-INTRO)                    Page 3