74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to B-Eng. SB 838
 
LC 3152-3/SB 838-B79
 
                       HOUSE AMENDMENTS TO
                   B-ENGROSSED SENATE BILL 838
 
           By COMMITTEE ON ENERGY AND THE ENVIRONMENT
 
                             May 18
 
  On page 4 of the printed B-engrossed bill, line 30, delete '
one and one-half' and insert 'three'.
  In line 42, delete 'one and one-half' and insert 'three'.
  In line 45, delete 'one and one-half' and insert 'three'.
  On page 5, line 4, delete 'one and one-half' and insert '
three'.
  Delete lines 24 through 30 and insert:
  '  { +  SECTION 7. + } Small electric utilities. (1) Except as
provided in this section, an electric utility that makes sales of
electricity to retail electricity consumers in an amount that
equals less than three percent of all electricity sold to retail
electricity consumers is not subject to sections 1 to 24 of this
2007 Act.
  ' (2) Beginning in calendar year 2025, at least five percent of
the electricity sold to retail electricity consumers in a
calendar year by an electric utility must be qualifying
electricity if the electric utility makes sales of electricity to
retail electricity consumers in an amount that equals less than
one and one-half percent of all electricity sold to retail
electricity consumers.
  ' (3) Beginning in calendar year 2025, at least 10 percent of
the electricity sold to retail electricity consumers in a
calendar year by an electric utility must be qualifying
electricity if the electric utility makes sales of electricity to
retail electricity consumers in an amount that equals or is more
than one and one-half percent, and less than three percent, of
all electricity sold to retail electricity consumers.'.
  In line 31, delete '(3)' and insert '(4)'.
  Delete lines 39 and 40 and insert:
  ' (c) Acquisition of electricity under a contract entered into
before the effective date of this 2007 Act;
  ' (d) A renewal or replacement contract for a contract for
purchase of electricity described in paragraph (c) of this
subsection;'.
  In line 41, delete '(d)' and insert '(e)'.
  Delete line 43.
  In line 44, delete '(e)' and insert '(f)'.
  On page 6, line 1, delete the period and insert 'or entered
into before the effective date of this 2007 Act by an electric
cooperative organized under ORS chapter 62 of which the electric
utility is a member, without regard to whether the electricity is
being used to serve the load of the electric utility on the
effective date of this 2007 Act; or
  ' (g) Investments in an electricity generating facility that
uses coal as an energy source if the investments are for the
purpose of improving the facility's pollution mitigation
equipment or the facility's efficiency or are necessary to comply
with requirements or standards imposed by governmental
entities.'.
  In line 2, delete '(4)' and insert '(5)'.
  In line 5, delete '(5)' and insert '(6)'.
  In line 6, delete '(3) or (4)' and insert '(4) or (5)'.
  In line 9, delete '(6)' and insert '(7)'.
  On page 9, delete lines 22 through 34 and insert:
  ' (3) The Public Utility Commission shall establish an
automatic adjustment clause as defined in ORS 757.210 or another
method that allows timely recovery of costs prudently incurred by
an electric company to construct or otherwise acquire facilities
that generate electricity from renewable energy sources and for
associated electricity transmission. Notwithstanding any other
provision of law, upon the request of any interested person the
commission shall conduct a proceeding to establish the terms of
the automatic adjustment clause or other method for timely
recovery of costs. The commission shall provide parties to the
proceeding with the procedural rights described in ORS 756.500 to
756.610, including but not limited to the opportunity to develop
an evidentiary record, conduct discovery, introduce evidence,
conduct cross-examination and submit written briefs and oral
argument. The commission shall issue a written order with
findings on the evidentiary record developed in the proceeding.
  ' (4) An electric company must file with the commission for
approval of a proposed rate change to recover costs under the
terms of an automatic adjustment clause or other method for
timely recovery of costs established under subsection (3) of this
section. Notwithstanding any other provision of law, upon the
request of any interested person the commission shall conduct a
proceeding to determine whether to approve a proposed change in
rates under the automatic adjustment clause or other method for
timely recovery of costs. The commission shall provide parties to
the proceeding with the procedural rights described in ORS
756.500 to 756.610, including but not limited to the opportunity
to develop an evidentiary record, conduct discovery, introduce
evidence, conduct cross-examination and submit written briefs and
oral argument. The commission shall issue a written order with
findings on the evidentiary record developed in the proceeding. A
filing made under this subsection is subject to the commission's
authority under ORS 757.215 to suspend a rate, or schedule of
rates, for investigation.'.
                         ----------