74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2053
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Public Utility Commission)
CHAPTER ................
AN ACT
Relating to utility fees; amending ORS 756.310.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 756.310 is amended to read:
756.310. (1) Subject to the provisions of subsections
{ - (3), (5) and (6) - } { + (3) and (4) + } of this section,
each public utility and telecommunications provider shall pay
{ + a fee + } to the Public Utility Commission in each
{ + calendar + } year { - such fee as - } { + . The amount of
the fee shall equal the amount that + } the commission finds and
determines to be necessary, { + together + } with the amount of
all other fees paid or payable to the commission by such public
utilities and telecommunications providers in the current
calendar year, to defray the costs of performing the duties
imposed by law upon the commission { - in respect to such - }
{ + with respect to the + } public utilities and
telecommunications providers, { - respectively, - } and to pay
{ - such - } { + those + } amounts as may be necessary to
obtain matching funds to implement the program referred to in ORS
824.058.
{ - (2) In each calendar year the fee per kilowatt-hour
delivered to end users required to be paid by each electric
company that is a public utility shall be determined by orders
entered by the commission on or after March 1 of each year and
notice thereof shall be given to each electric company. The
company shall pay to the commission the fee or portion thereof so
computed on the date specified in the notice, which date shall be
at least 15 days after the date of mailing the notice. - }
{ - (3)(a) The average fee payable under subsection (1) of
this section by each electric company shall not exceed
eighteen-hundredths of one mill per kilowatt-hour applied to
kilowatt-hours delivered in the preceding calendar year or
portion thereof but in no case shall the fee be less than $10. If
appropriate to meet the conditions of paragraph (b) of this
subsection, fees for customer classes may exceed these
limitations. - }
{ - (b) The fees established by the commission for different
electric companies shall bear the same approximate relationship
as the gross revenue fees per kilowatt-hour delivered to end
users paid by electric companies in 1997. The commission shall
adopt rules for allocation of a company's fee among the company's
Enrolled House Bill 2053 (HB 2053-A) Page 1
retail customer classes so that the fees established for
different classes bear the same approximate relationship as the
gross revenues per kilowatt-hour paid by those classes in 1997.
After December 31, 2000, the commission may establish or allow
fees that are the same by customer classes for all such
companies, provided that the approximate relationship between
customer classes referred to in this subsection shall be
maintained. - }
{ - (4) - } { + (2) + } In each calendar year the
percentage rate of the fee required to be paid by public
utilities { - , except electric companies, - } shall be
determined by orders entered by the commission on or after March
1 of each year { - , and notice thereof - } { + . Notice of the
orders + } shall be given to each utility. The utility shall pay
to the commission the fee or portion thereof so computed upon the
date specified in { - such notice, which date - } { + the
notice. The date of payment + }shall be at least 15 days after
the date of mailing { - such - } { + of the + } notice.
{ - (5) The fee payable under subsection (1) of this section
by each public utility, except electric companies, shall not
exceed twenty-five hundredths of one percent of such utility's
gross operating revenues derived within this state in the
preceding calendar year or portion thereof, but in no case shall
the fee be less than $10. - }
{ + (3) The fee payable under subsection (1) of this section
by each public utility may not be less than $10, or more than
twenty-five hundredths of one percent of the utility's gross
operating revenues derived within this state in the preceding
calendar year. For the purpose of this subsection, the gross
operating revenues of an electric company do not include revenues
from sales of power for resale to the extent that the revenues
from those sales exceed an amount equal to 25 percent of the
total revenues received by the electric company from sales of
electricity to end users in the preceding calendar year. + }
{ - (6)(a) - } { + (4)(a) + } For a telecommunications
provider, the fee payable under subsection (1) of this section
shall be a percentage amount not to exceed twenty-five hundredths
of one percent of the provider's gross retail intrastate revenue
for each calendar year, but { - in no case shall the fee - }
{ + may not + } be less than $100. The percentage amount shall
be determined by order of the commission not less than 60 days
prior to the calendar year upon which the fee is based. The fee
shall be payable to the commission not later than April 1 of the
year following that calendar year.
(b) A telecommunications provider shall collect the fee payable
under subsection (1) of this section by charging an apportioned
amount to each of the provider's retail customers. The amount of
the charge shall be described on the retail customer's bill in a
manner determined by the provider.
(c) In the event a telecommunications utility has an approved
rate that includes the fee required under subsection (1) of this
section and separately charges retail customers for the fee
described in this section, at the time the utility begins
collecting the charge the utility shall file with the commission
a rate schedule reducing rates in an amount projected to equal
the amount separately charged to customers.
{ - (7) - } { + (5) + } The commission may use any of its
investigatory and enforcement powers provided under this chapter
for the purpose of administering and enforcing the provisions of
this section.
Enrolled House Bill 2053 (HB 2053-A) Page 2
{ - (8) - } { + (6) + } As used in this section:
(a) 'Electric company' means any entity that is a public
utility under ORS 757.005 that is engaged in the business of
distributing electricity to retail electric customers in Oregon.
(b) 'Retail customer' does not include a purchaser of
intrastate telecommunications services who is a
telecommunications provider, telecommunications cooperative,
interexchange carrier or radio common carrier.
(c) 'Telecommunications provider' means any entity that is a
telecommunications utility or a competitive telecommunications
provider as defined in ORS 759.005.
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Passed by House March 28, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 16, 2007
...........................................................
President of Senate
Enrolled House Bill 2053 (HB 2053-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2053 (HB 2053-A) Page 4