Chapter 757 — Utility
Regulation Generally
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
UTILITY REGULATION GENERALLY
UTILITY REGULATION
GENERAL PROVISIONS
757.005 Definitions
757.007 Contract
and rate schedule filing for certain furnishers of heat exempt from regulation;
procedure
757.009 Procedure
for reregulation of furnishers of heat
757.015 “Affiliated
interest” defined
757.020 Duty
of utilities to furnish adequate and safe service at reasonable rates
757.035 Adoption
of safety rules and regulations; enforcement
757.039 Regulation
of hazardous substance distribution and storage operations; cooperation with
federal agencies; disclosure of reports and information
757.050 Authority
of commission to order extension of service to unserved areas
757.056 Information
on energy conservation to be furnished by certain utilities; rules
757.061 Regulation
of water utilities; rules
757.063 Regulation
of associations furnishing water upon petition
757.068 Use
of fees to make emergency repairs to water service plants
757.069 Notice
of delinquency on water bill
757.072 Agreements
for financial assistance to organizations representing customer interests;
rules
BUDGET, ACCOUNTS AND REPORTS OF
UTILITIES
757.105 Filing
of budget; review by commission; pensions as operating expenses
757.107 Supplemental
budgets and orders
757.110 Effect
of budget orders
757.120 Accounts
required
757.125 Duty
of utility to keep records and accounts; duty of commission to furnish blanks
757.135 Closing
accounts and filing balance sheet; auditing accounts
757.140 Depreciation
accounts; use of certain undepreciated investment in rates
RATE SCHEDULES; MEASURING EQUIPMENT
757.205 Filing
schedules with commission; data filed with schedules
757.210 Hearing
to establish new schedules; alternative regulation plan
757.212 Resource
rate plans; customers who may elect to be exempt; order approving plan; effect
of approving plan
757.215 Commission
authorized to suspend new rates or order interim rates during hearings;
revenues collected under unapproved rates to be refunded; order after hearing
757.220 Notice
of schedule changes required; exception for alternative regulation
757.225 Utilities
required to collect for their services in accordance with schedules
757.227 Rate
mitigation for certain electric company rate increases
757.230 Control
of commission over classification of services and forms of schedules; rules
757.240 Filing
schedules in business office
757.245 Establishment
of joint rates
757.247 Tariff
schedules for renewable energy generation facilities and energy conservation
757.250 Standards
and appliances for measuring service; rules
757.255 Testing
of measuring appliances; rules; fees
757.259 Amounts
includable in rate schedule; deferral; limit in effect on rates by
amortization; rules
757.262 Rates
to encourage acquisition of cost-effective conservation resources; rules
757.266 Rates
may encourage tree planting programs as offset to carbon dioxide emissions
757.269 Setting
of rates based upon income taxes paid by utility; limitation on use of tax
information; rules
ATTACHMENTS REGULATION
757.270 Definitions
for ORS 757.270 to 757.290
757.271 Authorization
from pole owner required for attachment
757.272 Pole
owner may approve or reject attachment
757.273 Attachments
to public utility and telecommunications utility facilities regulated
757.276 Attachments
by licensees to consumer-owned utility facilities regulated
757.279 Fixing
rates or charges by commission; cost of hearing
757.282 Criteria
for just and reasonable rate for attachments; rate reduction
757.285 Presumption
of reasonableness of rates set by private agreement
757.287 Application
to electrical utility attachments
757.290 Regulatory
procedures
NET METERING FACILITIES
757.300 Net
metering facility allowed to connect to public utility; conditions for
connecting and measuring energy; rules; application to out-of-state utilities
ILLEGAL PRACTICES
757.310 Prohibition
related to charges for service
757.315 When
free service or reduced rates allowed
757.320 Reducing
rates for persons furnishing part of necessary facilities
757.325 Undue
preferences and prejudices
757.330 Soliciting
or accepting special privileges from utilities
757.355 Costs
of property not presently providing utility service excluded from rate base;
exception
SOLAR ENERGY
757.360 Definitions
757.365 Pilot
program for small solar energy systems; rules; limits to program; report to
Legislative Assembly
757.370 Minimum
solar energy capacity standard for electric companies; rules
757.375 Credit
toward compliance with renewable portfolio standard; limits
757.380 Applicability
of ORS 757.360 to 757.380
757.385 Allowance
of fair and reasonable rates
ISSUANCE OF SECURITIES
757.400 Definition
of “stocks”
757.405 Power
to regulate issuance of utility securities
757.410 When
issuance of securities is void
757.412 Exemption
from securities regulation
757.415 Purposes
for which securities and notes may be issued; order required
757.417 Limitation
on application of ORS 757.415
757.419 Limitation
on application of ORS 757.480
757.420 Hearings
and supplemental orders relating to issuance of securities; joint approval of
issuance by interstate utility
757.425 State
not obligated following approval of issuance
757.430 Conditional
approval of issuance authorized
757.435 Disposal
of proceeds from issuance of securities; rules
757.440 Approval
required before utility may guarantee another’s indebtedness
757.445 Wrongful
issues or use of proceeds by utility
757.450 Wrongful
acts relating to issuance of securities
757.455 Conservation
program investment policy; application for bondable investments; utility rates
to include investment costs
757.460 Pledge
of conservation investment assets as bond collateral; perfection of security interest;
foreclosure
TRANSACTIONS INVOLVING UTILITIES
757.480 Approval
needed prior to disposal, mortgage or encumbrance of certain operative utility
property or consolidation with another public utility; exceptions
757.485 Purchase
of property or stocks of one utility by another
757.490 Approval
needed for certain contracts
757.495 Contracts
involving utilities and persons with affiliated interests
757.500 Contracts
between certain public utilities
757.506 Findings
and policy regarding exercise of influence over utility by person not engaged
in utility business
757.511 Application
for authority to exercise influence over utility; contents of application;
issuance of order; dissemination of information about acquisition
757.516 Contracts
between natural gas utilities and customers for commodity and services;
determination by commission of reasonableness of contract and utility
activities
GREENHOUSE GAS EMISSIONS STANDARDS
757.522 Definitions
757.524 Greenhouse
gas emissions standard applicable to electric companies and electricity service
suppliers; modification; rules
757.528 Greenhouse
gas emissions standard applicable to consumer-owned utilities; modification;
rules
757.531 Emissions
standard-based restrictions on long-term financial commitments by electric
companies or electricity service suppliers; rules
757.533 Emissions
standard-based restrictions on long-term financial commitments by
consumer-owned utilities; rules
757.536 Public
Utility Commission review of plans and rates to ensure compliance with
greenhouse gas emissions standard; rules
757.538 Rules
OREGON UTILITY NOTIFICATION CENTER
757.542 Definitions
757.547 Oregon
Utility Notification Center; board; member qualifications; terms; meetings;
rules
757.552 Duties
of center; fees for services; rules; exemption from certain financial
administration laws
757.557 Underground
utility facility operators required to subscribe to center; liability for
damage from excavation for nonsubscribers; exemption
757.562 Report
to Legislative Assembly of center activities; contracts to carry out duties
DIRECT ACCESS REGULATION
757.600 Definitions
for ORS 757.600 to 757.689
757.601 Implementation
dates for direct access and portfolio of rate options; exemption for certain
small electric companies
757.603 Electric
company required to provide cost-of-service rate option to all retail
electricity consumers; waiver; portfolio of rate options for residential
consumers
757.607 Direct
access conditions; cost recovery
757.609 Date
for announcing prices for electricity in subsequent calendar year; estimated
prices
757.612 Requirements
for public purpose expenditures; electric bill payment assistance charge; rules
757.617 Report
to Legislative Assembly on public purpose expenditures; independent nongovernmental
entity to prepare report; report on low-income bill assistance
757.622 Commission
to establish terms and conditions for default electricity service to
nonresidential consumers
757.627 Retail
electricity consumers eligible for direct access may aggregate electricity
loads
757.629 Reciprocal
sales to nonresidential electricity consumers
757.632 Electricity
service supplier’s access to electric company’s distribution facilities
757.637 Comparable
access to transmission and distribution facilities
757.642 Unbundling
electricity assets; records
757.646 Commission
policies to eliminate barriers to competitive retail market structures and
rules to establish code of conduct for electric companies; rules
757.649 Certification
of electricity service suppliers; safety standards for distribution systems;
billing requirements; rules
757.654 Commission
authority to investigate allegations of undue market influence
757.656 Failure
to comply with ORS 757.600 to 757.667; cause of action
757.659 Commission
rules; contents
757.660 Use
of arbitration to resolve disputes relating to valuation of electric company
investments; rules
757.661 Commission
authority to require filing
757.663 Commission
authority to require electric company to enter into contracts with Bonneville
Power Administration
757.665 Limitation
on installing, servicing electric meters
757.667 City
authority over rights of way
757.669 Policy
regarding consumer-owned electric utilities
757.672 Application
of ORS 757.603 to 757.667 to consumer-owned electric utility; reciprocal
electricity sales
757.676 Consumer-owned
utility authorized to offer direct, portfolio or other forms of access to
electricity services
757.679 Net
billing agreements
757.683 Consumer-owned
utility’s distribution rights and control over distribution system
757.687 Consumer-owned
utility offering direct access; public purpose charge; bill assistance program
757.689 Recovery
of costs of energy conservation measures in rates of electric company
757.691 Applicability
EMERGENCY CURTAILMENT OF ELECTRICITY OR
NATURAL OR MANUFACTURED GAS
757.710 Emergency
curtailment plan required; credits for weatherization or alternate energy
devices
757.720 Factors
to be considered in approving plan; authority to establish plan; consultation
with State Department of Energy
757.730 Liability
when curtailment occurs
KLAMATH RIVER DAMS
757.732 Definitions
757.734 Recovery
of investment in Klamath River dams
757.736 Surcharges
for funding costs of removing Klamath River dams; judicial review
757.738 Surcharge
trust accounts related to removal of Klamath River dams
757.740 Recovery
of other costs incurred as result of changes in operation to or removal of
Klamath River dams
757.742 Public
Utility Commission authorization to enter agreement with California related to
cost apportionment and trust fund
757.744 Disclaimers
HEALTH ENDANGERING TERMINATION OF
RESIDENTIAL UTILITY SERVICE
757.750 Legislative
findings
757.755 Termination
of residential electric or natural gas service prohibited; rules of commission
757.760 Requirements
for notice of termination of service; payment schedules; rules
OUTDOOR LIGHTING FIXTURES
757.765 Public
utility provision of shielded outdoor lighting fixtures to customers
757.770 Deadline
for public utility filing of outdoor lighting fixture rate and charge
application; required notification to customers
HIGH VOLTAGE POWER LINE REGULATION
757.800 Definitions
for ORS 757.800 and 757.805
757.805 Accident
prevention required for work near high voltage lines; effect of failure to
comply; applicability; other remedies unaffected
OREGON COMMUNITY POWER
(Definitions)
757.812 Definitions
for ORS 757.812 to 757.950
(Acquisition Review Committee)
757.814 Creation
of acquisition review committee
(Oregon Community Power Created)
757.818 Oregon
Community Power created
757.822 Laws
applicable to Oregon Community Power
757.824 Regulatory
authority of Public Utility Commission over Oregon Community Power
(Board of Directors)
757.830 Nominating
committee
757.834 Board
of directors
757.842 Board
meetings and procedures
(Acquisition of Incumbent Utility)
757.852 Acquisition
of incumbent utility; use of eminent domain
757.855 Funding
of preliminary activities and negotiations
757.857 Oregon
Community Power Utility Acquisition Fund
757.862 Request
to Public Utility Commission for transfer of funds
757.864 Conduct
of business after acquisition
757.868 Oregon
Community Power to be successor in interest to incumbent utility; rules
757.872 Equity
and assets of incumbent utility held in trust; disclaimer of state interest
(Duties and Powers of Oregon Community
Power)
757.880 Board
duties
757.883 Payments
in lieu of property taxes
757.886 Powers
of Oregon Community Power
757.890 Eminent
domain
(Rates)
757.895 Ratemaking
757.897 Notice
of ratemaking; ratemaking hearings
(Participation by Citizens’ Utility
Board)
757.900 Intervention
by Citizens’ Utility Board in proceedings
(Audits)
757.902 Annual
audit of Oregon Community Power
(Bylaws)
757.905 Adoption
of bylaws
(Electricity From Bonneville Power Administration)
757.910 Policy
(Direct Access)
757.915 Definitions
for ORS 757.915 to 757.930
757.918 Oregon
Community Power required to allow direct access
757.920 Rights
of electricity service suppliers
757.922 Transition
credits and charges
757.924 Portfolio
access to electricity service providers
(Consumer-Owned Utilities)
757.930 Distribution
rights; service territories
(Financing Agreements)
757.935 Definitions
for ORS 757.935 to 757.945
757.937 Financing
agreements authorized
757.940 Delegation
of powers relating to financing agreements
757.942 Powers
of Oregon Community Power relating to financing agreements
757.945 Consultation
with State Treasurer
(Revenue Bonds)
757.950 Authorization
to issue and sell revenue bonds
(City Rights of Way)
757.954 City’s
authority to control and collect charges for use of rights of way
PENALTIES
757.990 Penalties
757.991 Civil
penalty for noncompliance with gas regulations
757.993 Penalty
for violation of utility excavation notification provisions
757.994 Civil
penalty for violation of statute, rule or order related to water utilities
GENERAL PROVISIONS
757.005 Definitions.
(1)(a) As used in this chapter, except as provided in paragraph (b) of this
subsection, “public utility” means:
(A)
Any corporation, company, individual, association of individuals, or its
lessees, trustees or receivers, that owns, operates, manages or controls all or
a part of any plant or equipment in this state for the production,
transmission, delivery or furnishing of heat, light, water or power, directly
or indirectly to or for the public, whether or not such plant or equipment or
part thereof is wholly within any town or city.
(B)
Any corporation, company, individual or association of individuals, which is
party to an oral or written agreement for the payment by a public utility, for
service, managerial construction, engineering or financing fees, and having an
affiliated interest with the public utility.
(b)
As used in this chapter, “public utility” does not include:
(A)
Any plant owned or operated by a municipality.
(B)
Any railroad, as defined in ORS 824.020, or any industrial concern by reason of
the fact that it furnishes, without profit to itself, heat, light, water or
power to the inhabitants of any locality where there is no municipal or public
utility plant to furnish the same.
(C)
Any corporation, company, individual or association of individuals providing
heat, light or power:
(i)
From any energy resource to fewer than 20 customers, if it began providing
service to a customer prior to July 14, 1985;
(ii)
From any energy resource to fewer than 20 residential customers so long as the
corporation, company, individual or association of individuals serves only
residential customers;
(iii)
From solar or wind resources to any number of customers; or
(iv)
From biogas, waste heat or geothermal resources for nonelectric generation
purposes to any number of customers.
(D)
A qualifying facility on account of sales made under the provisions of ORS
758.505 to 758.555.
(E)
Any person furnishing heat, but not delivering electricity or natural gas to
its customers, except:
(i)
As provided in ORS 757.007 and 757.009; or
(ii)
With respect to heat furnished in municipalities which on January 1, 1989, had
a municipally owned system that was furnishing steam or other thermal forms of
heat to its customers.
(F)
Notwithstanding subparagraph (E) of this paragraph, any corporation, company,
partnership, individual or association of individuals furnishing heat to a
single thermal end user from an electric generating facility, plant or
equipment that is physically interconnected with the single thermal end user.
(G)
Any corporation, company, partnership, individual or association of individuals
that furnishes natural gas, electricity, ethanol, methanol, methane, biodiesel
or other alternative fuel to any number of customers for use in motor vehicles
and does not furnish any utility service described in paragraph (a) of this subsection.
(H)
An electricity service supplier, as defined in ORS 757.600.
(2)
Nothing in subsection (1)(b)(C) of this section shall prohibit third party
financing of acquisition or development by a utility customer of energy
resources to meet the heat, light or power requirements of that customer. [Amended
by 1953 c.583 §2; 1967 c.241 §1; 1967 c.314 §1; 1971 c.655 §64a; 1973 c.726 §1;
1979 c.62 §1; 1981 c.360 §1; 1981 c.749 §21; 1983 c.118 §1; 1983 c.799 §7; 1985
c.550 §1; 1985 c.633 §7; 1985 c.779 §1; 1987 c.447 §96; 1987 c.900 §3; 1989 c.5
§2; 1989 c.999 §§1,2; 1991 c.294 §1; 1995 c.267 §1; 1999 c.330 §2; 1999 c.491 §1;
1999 c.865 §21; 2001 c.104 §292; 2003 c.82 §4]
757.007 Contract and rate schedule filing
for certain furnishers of heat exempt from regulation; procedure.
(1) Every person exempt from regulation under ORS 757.005 (1)(b)(E) shall file
with the Public Utility Commission, not later than 30 days prior to their
effective date, all contracts and schedules establishing rates, terms and
conditions for the provision of heating services.
(2)
Prior to the effective date, the commission may suspend the effective date of
such contracts or schedules for an additional period of not more than 120 days
in order to determine the reasonableness of such contracts or schedules, taking
into consideration the services being provided, the costs and risks of service,
the availability and costs of alternative forms of service and other reasonable
considerations, including the impact on existing customers of the utilities
furnishing electricity and natural gas and on the public generally.
(3)
If the contract or schedule is not suspended, or if the contract or schedule is
determined reasonable by the commission after suspension, the contract or
schedule shall not be subject to further commission review during its term or
such other period as the commission may specify, except as provided in ORS
757.009.
(4)
In any proceeding before the commission to determine the reasonableness of
contracts or schedules proposed under this section, the burden shall be upon
the proponent of the contract or schedule to establish its reasonableness. [1989
c.999 §§4a,4c; 2003 c.82 §5]
757.009 Procedure for reregulation of
furnishers of heat. (1) Except as provided in
subsection (2) of this section, the Public Utility Commission may, upon written
complaint or upon the commission’s own motion, regulate, under ORS 757.205 to
757.240, or any part thereof, any person otherwise exempt from regulation under
ORS 757.005 (1)(b)(E) as follows:
(a)
With respect to any or all customers, if the commission finds that the
activities of such person have an adverse effect upon the customers of public
utilities furnishing electricity or natural gas and the benefits of such
regulation outweigh any adverse effect on the public generally; or
(b)
With respect to any customer receiving service not exceeding 500 million
British thermal units per year or any residential customer, if the commission
finds that such person has engaged in unjust or unreasonable practices with
respect to the services or rates available to the customer and the customer has
no reasonable alternative to the services provided.
(2)
The commission shall not regulate persons under subsection (1)(a) of this
section with respect to contracts that became effective prior to the date of
service of the complaint or with respect to heating systems already in place on
the date of service of the complaint if the commission determines that
continued expansion will increase the efficiency of those systems. [1989 c.999 §§4b,4d;
2003 c.82 §6]
757.010
[Repealed by 1971 c.655 §250]
757.015 “Affiliated interest” defined.
As used in ORS 757.105 (1) and in ORS 757.495, “affiliated interest” with a
public utility means:
(1)
Every corporation and person owning or holding directly or indirectly five
percent or more of the voting securities of such public utility.
(2)
Every corporation and person in any chain of successive ownership of five
percent or more of voting securities of such public utility.
(3)
Every corporation five percent or more of whose voting securities are owned by
any person or corporation owning five percent or more of the voting securities
of such public utility or by any person or corporation in any chain of
successive ownership of five percent or more of voting securities of such
public utility.
(4)
Every person who is an officer or director of such public utility or of any
corporation in any chain of successive ownership of five percent or more of
voting securities of such public utility.
(5)
Every corporation which has two or more officers or two or more directors in
common with such public utility.
(6)
Every corporation and person, five percent or more of which is directly or
indirectly owned by a public utility.
(7)
Every corporation or person which the Public Utility Commission determines as a
matter of fact after investigation and hearing actually is exercising any
substantial influence over the policies and actions of such public utility,
even though such influence is not based upon stockholding, stockholders,
directors or officers to the extent specified in this section.
(8)
Every person or corporation who or which the commission determines as a matter
of fact, after investigation and hearing, actually is exercising such substantial
influence over the policies and actions of such public utility in conjunction
with one or more other corporations or persons with whom they are related by
ownership or blood or by action in concert that together they are affiliated
with such public utility within the meaning of this section even though no one
of them alone is so affiliated. [Amended by 1971 c.655 §65; 1989 c.17 §1]
757.020 Duty of utilities to furnish
adequate and safe service at reasonable rates.
Every public utility is required to furnish adequate and safe service,
equipment and facilities, and the charges made by any public utility for any
service rendered or to be rendered in connection therewith shall be reasonable
and just, and every unjust or unreasonable charge for such service is
prohibited. [Amended by 1971 c.655 §66]
757.025
[Amended by 1971 c.655 §14; renumbered 756.062]
757.030
[Repealed by 1971 c.655 §250]
757.035 Adoption of safety rules and
regulations; enforcement. (1) The Public Utility
Commission has power, after a hearing had upon the motion of the commission or
upon complaint, to require by general or special orders embodying reasonable
rules or regulations, every person or municipality, their agents, lessees or
acting trustees or receivers, appointed by court, engaged in the management,
operation, ownership or control of telegraph, telephone, signal or power lines
within this state, upon the public streets or highways, and also upon all other
premises used, whether leased, owned or controlled by them, to construct,
maintain and operate every line, plant, system, equipment or apparatus in such
manner as to protect and safeguard the health and safety of all employees,
customers and the public, and to this end to adopt and prescribe the
installation, use, maintenance and operation of appropriate safety or other
devices, or appliances, to establish or adopt standards of construction or
equipment, and to require the performance of any other act which seems to the
commission necessary or proper for the protection of the health or safety of
all employees, customers or the public.
(2)
When acting pursuant to subsection (1) of this section, the Public Utility
Commission shall adopt by rule as the standard of such construction, operation
and maintenance the 1973 edition of the American National Standard, National
Electrical Safety Code, C2.
(3)
In lieu of subsection (2) of this section, or in addition thereto, the
commission may adopt by rule any revision or edition of or amendment to the
National Electrical Safety Code approved by the American National Standards
Institute after July 14, 1977, and in effect on the date of adoption by the
commission. [Amended by 1969 c.530 §1; 1971 c.655 §68; 1975 c.658 §1; 1977
c.346 §1]
757.039 Regulation of hazardous substance
distribution and storage operations; cooperation with federal agencies;
disclosure of reports and information. (1) As used
in this section, “hazardous substance or material” means:
(a)
Fuel gas, whether in a gaseous, liquid or semisolid state;
(b)
Petroleum or petroleum products; and
(c)
Any other substance or material which may pose an unreasonable risk to life or
property when transported by pipeline facilities.
(2)
The Public Utility Commission has power, after a hearing had upon the
commission’s own motion or upon complaint, to require by general or special
orders embodying reasonable rules, every person or municipality, their agents,
lessees or acting trustees or receivers, appointed by court, engaged in the
management, operation, ownership or control of facilities for the transmission
or distribution of a hazardous substance or material by pipeline; or of
facilities for the storage or treatment of a hazardous substance or material to
be transmitted or distributed by pipeline or upon the public streets or highways;
or of any other premises used, whether leased, owned or controlled by them, to
construct, maintain and operate every pipeline, plant, system, equipment or
apparatus used in the transmission, distribution, storage or treatment of a
hazardous substance or material to be transmitted by pipeline or upon the
public streets or highways in such manner as to protect and safeguard the
health and safety of all employees, customers and the public, and to this end
to adopt and prescribe the installation, use, maintenance and operation of
appropriate safety or other devices, or appliances, to establish or adopt
standards of construction or equipment, and to require the performance of any
other act which seems to the commission necessary or proper for the protection
of the health and safety of all employees, customers or the public.
(3)
The commission is authorized to cooperate with, make certifications to and
enter into agreements with the Secretary of Transportation of the United States
of America and to assume responsibility for, and carry out on behalf of the
Secretary of Transportation, safety jurisdiction relating to pipeline
facilities and transportation of hazardous substances and materials in Oregon
in any manner not otherwise subject to the jurisdiction of any other agency of
this state.
(4)
Notwithstanding any other provisions to the contrary, the commission shall make
public such reports as are required to be made public under applicable federal
law and regulations and provide such information as is required by the
Secretary of Transportation.
(5)
The jurisdiction of the commission over propane, butane or mixtures of these
gases shall be limited to systems transporting such gases to 10 or more
customers, or to systems any portion of which is located in a public place. [Formerly
757.095; 1983 c.540 §3; 2001 c.35 §1]
757.040
[Amended by 1971 c.655 §101; renumbered 758.035]
757.045
[Amended by 1967 c.394 §1; repealed by 1971 c.781 §1]
757.050 Authority of commission to order
extension of service to unserved areas. The Public
Utility Commission has power to require any public utility, after a public
hearing of all parties interested, to extend its line, plant or system into,
and to render service to, a locality not already served when the existing public
convenience and necessity requires such extension and service. However, no such
extension of service shall be required until the public utility has been
granted such reasonable franchises as may be necessary for the extension of
service, and unless the conditions are such as to reasonably justify the
necessary investment by the public utility in extending its line, plant or
system into such locality and furnishing such service. [Amended by 1971 c.655 §67]
757.055
[Repealed by 1971 c.655 §250]
757.056 Information on energy conservation
to be furnished by certain utilities; rules. (1) As
used in this section, “energy conservation services” means services provided by
public utilities to educate and inform customers and the public about energy
conservation. Such services include but are not limited to providing answers to
questions concerning energy saving devices and providing inspections and making
suggestions concerning the construction and siting of buildings and residences.
(2)
All public utilities as defined in ORS 757.005, that produce, transmit, deliver
or furnish heat, light or power shall establish energy conservation services
and shall provide energy conservation information to customers and to the
public. The services shall be performed in accordance with such rules as the
Public Utility Commission may prescribe. [1977 c.197 §2; 1977 c.887 §11]
757.060
[Amended by 1955 c.145 §1; repealed by 1961 c.691 §20]
757.061 Regulation of water utilities;
rules. (1) For the purposes of this section:
(a)
“Rate regulation” means regulation under this chapter, except for regulation
under ORS 757.105 to 757.110.
(b)
“Service regulation” means regulation under this chapter, except for regulation
under ORS 757.105 to 757.110, 757.140, 757.205 to 757.220, 757.259, 757.400 to
757.460, 757.480 to 757.495 and 757.500.
(2)
Except as provided in this section, water utilities are not subject to
regulation under this chapter or required to pay the fee provided for in ORS
756.310.
(3)
The following utilities are subject to rate regulation and must pay the fee
provided for in ORS 756.310:
(a)
A water utility that serves 500 or more customers.
(b)
A water utility that serves fewer than 500 customers, if the water utility also
provides wastewater services to the public inside the boundaries of a city.
(c)
A water utility that serves fewer than 500 customers, if the Public Utility
Commission grants a petition from the water utility requesting that the water
utility be subject to rate regulation.
(d)
A water utility that satisfies all of the following conditions:
(A)
The water utility serves fewer than 500 customers;
(B)
The water utility proposes to charge a rate for water service that exceeds the
maximum rates established by the commission under subsection (5) of this
section; and
(C)
Twenty percent or more of the customers of the water utility file a petition
with the commission requesting that the water utility be subject to rate
regulation.
(4)
The following utilities are subject to service regulation and must pay the fee
provided for in ORS 756.310:
(a)
A water utility that serves fewer than 500 customers and that is found by the
commission, pursuant to an investigation under ORS 756.515, to have provided
inadequate or discriminatory service at any time.
(b)
A water utility that serves fewer than 500 customers and that at any time
charges an average annual residential rate of $24 per month or more.
(5)(a)
The commission shall adopt rules establishing maximum rates for water utilities
serving fewer than 500 customers for the purpose of determining whether a
petition may be filed under subsection (3)(d)(C) of this section.
(b)
To encourage metered water systems for water utilities serving fewer than 500
customers, the commission shall establish a higher maximum rate for water
utilities with metered water systems than for water utilities with unmetered
systems.
(6)
Not less than 60 days before a water utility that serves fewer than 500
customers increases any rate to exceed any maximum rate prescribed under subsection
(5) of this section, the water utility shall provide written notice to all of
its customers advising the customers of their right to file a petition under
subsection (3)(d)(C) of this section. The commission shall adopt rules
prescribing the content of the written notice. [1989 c.403 §2; 1999 c.330 §1;
2003 c.82 §1; 2009 c.429 §1; 2011 c.76 §1]
757.063 Regulation of associations furnishing
water upon petition. (1) Any association of
individuals that furnishes water to members of the association is subject to
regulation in the same manner as provided by this chapter for public utilities,
and must pay the fee provided for in ORS 756.310, if 20 percent or more of the
members of the association file a petition with the Public Utility Commission
requesting that the association be subject to such regulation.
(2)
The provisions of this section apply to an association of individuals even if
the association does not furnish water directly to or for the public. The
provisions of this section do not apply to any cooperative formed under ORS
chapter 62 or to any public body as defined by ORS 174.109. [2003 c.82 §3]
757.065
[Renumbered 756.370]
757.068 Use of fees to make emergency
repairs to water service plants. (1) In each
biennium the Public Utility Commission may use not more than $5,000 of the fees
collected under ORS 756.310 to make emergency repairs to the plants of public
utilities providing water service. The commission may expend moneys under the
provisions of this section only if the commission determines that:
(a)
Customers of the utility are without service and are likely to remain without
service for an unreasonable period of time;
(b)
The utility is unwilling or unable to make emergency repairs, or cannot be
found after reasonable effort; and
(c)
Restoration of the service is necessary for the health and safety of the
customers of the utility.
(2)
The commission shall attempt to recover fees used under this section from the
utility providing water service. The commission may also recover a penalty as
provided in ORS 756.350 from the time the fees are expended. [2003 c.202 §8]
757.069 Notice of delinquency on water
bill. (1) If a customer of a water utility
fails to pay a water bill for more than 120 days after the bill becomes due,
the water utility shall mail notice of the delinquency to the persons who are
listed as the owners of the property in the real property tax records for the
county only if the utility asserts that the property owners are responsible for
the bill. The notice must be mailed to the addresses of the owners as reflected
in the real property tax records.
(2)
The provisions of this section apply to water utilities operated by public
utilities, municipalities, cooperatives and unincorporated associations. [2005
c.168 §2; 2007 c.211 §1]
757.070
[Renumbered 756.375]
757.072 Agreements for financial
assistance to organizations representing customer interests; rules.
(1) A public utility providing electricity or natural gas may enter into a
written agreement with an organization that represents broad customer interests
in regulatory proceedings conducted by the Public Utility Commission relating
to public utilities that provide electricity or natural gas. The agreement
shall govern the manner in which financial assistance may be provided to the
organization. The agreement may provide for financial assistance to other
organizations found by the commission to be qualified under subsection (2) of
this section. More than one public utility or organization may join in a single
agreement. Any agreement entered into under this section must be approved by
the commission before any financial assistance is provided under the agreement.
(2)
Financial assistance under an agreement entered into under this section may be
provided only to organizations that represent broad customer interests in
regulatory proceedings before the commission relating to public utilities that
provide electricity or natural gas. The commission by rule shall establish such
qualifications as the commission deems appropriate for determining which
organizations are eligible for financial assistance under an agreement entered
into under this section.
(3)
In administering an agreement entered into under this section, the commission
by rule or order may determine:
(a)
The amount of financial assistance that may be provided to any organization;
(b)
The manner in which the financial assistance will be distributed;
(c)
The manner in which the financial assistance will be recovered in the rates of
the public utility under subsection (4) of this section; and
(d)
Other matters necessary to administer the agreement.
(4)
The commission shall allow a public utility that provides financial assistance
under this section to recover the amounts so provided in rates. The commission shall
allow a public utility to defer inclusion of those amounts in rates as provided
in ORS 757.259 if the public utility so elects. An agreement under this section
may not provide for payment of any amounts to the commission. [2003 c.234 §2]
757.075 [Repealed
by 1971 c.655 §250]
757.080 [1953
c.356 §1; 1961 c.354 §1; 1971 c.655 §30a; renumbered 756.380]
757.085 [1953
c.356 §2; 1961 c.354 §2; renumbered 756.385]
757.090 [1953
c.356 §3; 1961 c.354 §3; renumbered 756.390]
757.095 [1969
c.372 §2; 1971 c.655 §69; renumbered 757.039]
BUDGET, ACCOUNTS AND REPORTS OF
UTILITIES
757.105 Filing of budget; review by
commission; pensions as operating expenses. (1)
The Public Utility Commission has the right and power of regulation,
restriction and control over the budgets of expenditures of public utilities,
as to all items covering:
(a)
Proposed payment of salaries of executive officers;
(b)
Donations;
(c)
Political contributions and political advertising;
(d)
Expenditures for pensions or for a trust to provide pensions for employees and
officers;
(e)
Other expenditures and major contracts for the sale or purchase of equipment;
and
(f)
Any payment or contemplated payment to any person or corporation having an
affiliated interest for service, advice, auditing, associating, sponsoring,
engineering, managing, operating, financing, legal or other services.
(2)
On or before November 1 of each year each public utility shall prepare a budget
showing the amount of money which, in its judgment, shall be needed during the
ensuing year for covering all such activities and expenditures, and file it
with the commission.
(3)
When any such budget has been filed with the commission, the commission shall
examine into and investigate the same and unless rejected within 60 days
thereafter, the proposed budget is presumptively fair and reasonable and not
contrary to public interest.
(4)
Proposed expenditures for pensions or for a trust to provide pensions for the
employees and officers of such utility whether for future service or past
service or both, shall be recognized as an operating expense if the trust fund
is irrevocably committed to the payment of pensions or benefits to employees
and if such pensions are reasonable and nondiscriminatory. The commission may
disallow as an operating expense any expenditure for pension purposes in excess
of the amount necessary and proper to maintain an actuarially sound retirement
plan for the employees of the utility in Oregon. [Amended by 1957 c.593 §1;
1971 c.655 §82]
757.107 Supplemental budgets and orders.
Adjustment and additions to such budget expenditures may be made from time to
time during the year by filing supplementary budgets with the Public Utility
Commission. The provisions of ORS 757.105 (3) apply to adjustments and
additions to budgets. [Amended by 1971 c.655 §83]
757.110 Effect of budget orders.
(1) Any finding and order made and entered by the Public Utility Commission
under ORS 757.105 or 757.107 shall have the effect of prohibiting any
unapproved or rejected expenditure from being recognized as an operating
expense or capital expenditure in any rate valuation proceeding or in any
proceeding or hearing unless and until the propriety thereof has been
established to the satisfaction of the commission. Any such finding and order
shall remain in full force and effect, unless and until it is modified or set
aside by the commission or is set aside, modified or remanded in a proceeding
for judicial review of an order in a contested case in the manner provided by
ORS 756.610.
(2)
Nothing in ORS 757.105 or 757.107 prevents the commission from at any time
making and filing orders rejecting imprudent and unwise expenditures or
payments. Such orders when so made shall be in full force and effect, and the
public utility shall not have the right to make such expenditures or payments
found to be imprudent or unwise until the order has been modified or set aside
by the commission or is set aside, modified or remanded in a proceeding for
judicial review of an order in a contested case in the manner provided by ORS
756.610. [Amended by 1971 c.655 §84; 2005 c.638 §7]
757.115
[Amended by 1971 c.655 §20; renumbered 756.105]
757.120 Accounts required.
(1) Every public utility shall keep and render to the Public Utility
Commission, in the manner and form prescribed by the commission, uniform
accounts of all business transacted. All forms of accounts which may be
prescribed by the commission shall conform as nearly as practicable to similar
forms prescribed by federal authority.
(2)
Every public utility engaged directly or indirectly in any other business than
that of a public utility shall, if required by the commission, keep and render
separately to the commission, in like manner and form, the accounts of all such
other business, in which case all the provisions of this chapter shall apply
with like force and effect to the accounts and records of such other business. [Amended
by 1971 c.655 §85]
757.125 Duty of utility to keep records
and accounts; duty of commission to furnish blanks.
(1) The Public Utility Commission shall prescribe the accounts and records
required to be kept, and every public utility is required to keep and render
its accounts and records accurately and faithfully in the manner prescribed by
the commission and to comply with all directions of the commission relating to
such accounts and records.
(2)
No public utility shall keep any other accounts or records of its public
utility business transacted than those prescribed or approved by the commission
except such as may be required by the laws of the United States.
(3)
The commission shall cause to be prepared suitable blanks for reports for
carrying out the purposes of this chapter, and shall, when necessary, furnish
such blanks for reports to each public utility. [Amended by 1971 c.655 §86]
757.130
[Repealed by 1971 c.655 §250]
757.135 Closing accounts and filing
balance sheet; auditing accounts. (1) Except as
provided in subsection (2) of this section, the accounts required under ORS
757.120 and 757.125 shall be closed annually on December 31 and a balance sheet
of that date promptly taken therefrom. On or before April 1 following, such
balance sheet, together with such other information as the Public Utility
Commission shall prescribe, verified by an officer of the public utility, shall
be filed with the commission.
(2)
If a public utility maintains its accounts and records on a fiscal year basis,
the accounts required by ORS 757.120 and 757.125 shall be closed annually on
the last day of the fiscal year and a balance sheet shall be promptly taken
from those accounts. On or before the first day of the fourth month following
the end of the public utility’s fiscal year, the balance sheet together with
such information as the commission shall prescribe must be verified by an
officer of the public utility and filed with the commission. The commission may
require that a public utility filing information at the time specified in this
subsection also file with the commission on a calendar year basis such
additional information as may be prescribed by the commission.
(3)
The commission may examine and audit any account. Items shall be allocated to
the accounts in the manner prescribed by the commission. [Amended by 1983 c.540
§4; 2001 c.733 §1]
757.140 Depreciation accounts; use of
certain undepreciated investment in rates. (1)
Every public utility shall carry a proper and adequate depreciation account.
The Public Utility Commission shall ascertain and determine the proper and
adequate rates of depreciation of the several classes of property of each
public utility. The rates shall be such as will provide the amounts required
over and above the expenses of maintenance, to keep such property in a state of
efficiency corresponding to the progress of the industry. Each public utility
shall conform its depreciation accounts to the rates so ascertained and
determined by the commission. The commission may make changes in such rates of
depreciation from time to time as the commission may find to be necessary.
(2)
In the following cases the commission may allow in rates, directly or
indirectly, amounts on the utility’s books of account which the commission
finds represent undepreciated investment in a utility plant, including that
which has been retired from service:
(a)
When the retirement is due to ordinary wear and tear, casualties, acts of God,
acts of governmental authority; or
(b)
When the commission finds that the retirement is in the public interest. [Amended
by 1971 c.655 §87; 1989 c.956 §2]
757.145
[Repealed by 1971 c.655 §250]
757.150
[Repealed by 1971 c.655 §250]
757.155
[Amended by 1971 c.655 §90; renumbered 757.480]
757.160
[Amended by 1971 c.655 §91; renumbered 757.485]
757.165
[Amended by 1971 c.655 §92; renumbered 757.490]
757.170
[Amended by 1971 c.655 §93; renumbered 757.495]
757.175
[Amended by 1971 c.655 §94; renumbered 757.500]
757.180
[Amended by 1971 c.655 §21; renumbered 756.115]
RATE SCHEDULES; MEASURING EQUIPMENT
757.205 Filing schedules with commission;
data filed with schedules. (1) Every public utility shall
file with the Public Utility Commission, within a time to be fixed by the
commission, schedules which shall be open to public inspection, showing all
rates, tolls and charges which it has established and which are in force at the
time for any service performed by it within the state, or for any service in
connection therewith or performed by any public utility controlled or operated
by it.
(2)
Every public utility shall file with and as part of every such schedule all
rules and regulations that in any manner affect the rates charged or to be
charged for any service. Every public utility shall also file with the
commission copies of interstate rate schedules and rules and regulations issued
by it or to which it is a party.
(3)
Where a schedule of joint rates or charges is or may be in force between two or
more public utilities, such schedules shall in like manner be printed and filed
with the commission. [Amended by 1971 c.655 §70]
757.210 Hearing to establish new
schedules; alternative regulation plan. (1)(a)
Whenever any public utility files with the Public Utility Commission any rate
or schedule of rates stating or establishing a new rate or schedule of rates or
increasing an existing rate or schedule of rates, the commission may, either
upon written complaint or upon the commission’s own initiative, after
reasonable notice, conduct a hearing to determine whether the rate or schedule
is fair, just and reasonable. The commission shall conduct the hearing upon
written complaint filed by the utility, its customer or customers, or any other
proper party within 60 days of the utility’s filing; provided that no hearing
need be held if the particular rate change is the result of an automatic
adjustment clause. At the hearing the utility shall bear the burden of showing
that the rate or schedule of rates proposed to be established or increased or
changed is fair, just and reasonable. The commission may not authorize a rate
or schedule of rates that is not fair, just and reasonable.
(b)
As used in this subsection, “automatic adjustment clause” means a provision of
a rate schedule that provides for rate increases or decreases or both, without
prior hearing, reflecting increases or decreases or both in costs incurred,
taxes paid to units of government or revenues earned by a utility and that is
subject to review by the commission at least once every two years.
(2)(a)
Subsection (1) of this section does not apply to rate changes under an approved
alternative form of regulation plan, including a resource rate plan under ORS
757.212.
(b)
Any alternative form of regulation plan shall include provisions to ensure that
the plan operates in the interests of utility customers and the public
generally and results in rates that are just and reasonable and may include
provisions establishing a reasonable range for rate of return on investment. In
approving a plan, the commission shall, at a minimum, consider whether the
plan:
(A)
Promotes increased efficiencies and cost control;
(B)
Is consistent with least-cost resources acquisition policies;
(C)
Yields rates that are consistent with those that would be obtained following
application of ORS 757.269;
(D)
Is consistent with maintenance of safe, adequate and reliable service; and
(E)
Is beneficial to utility customers generally, for example, by minimizing
utility rates.
(c)
As used in this subsection, “alternative form of regulation plan” means a plan
adopted by the commission upon petition by a public utility, after notice and
an opportunity for a hearing, that sets rates and revenues and a method for
changes in rates and revenues using alternatives to cost-of-service rate
regulation.
(d)
Prior to implementing a rate change under an alternative form of regulation
plan, the utility shall present a report that demonstrates the calculation of
any proposed rate change at a public meeting of the commission.
(3)
Except as provided in ORS 757.212, the commission, at any time, may order a
utility to appear and establish that any, or all, of its rates in a plan
authorized under subsection (2) of this section are in conformity with the plan
and are just and reasonable. Except as provided in ORS 757.212, such rates, and
the alternative form of regulation plan under which the rates are set, also
shall be subject to complaint under ORS 756.500.
(4)
Periodically, but not less often than every two years after the implementation
of a plan referred to in subsection (2) of this section, the commission shall
submit a report to the Legislative Assembly that shows the impact of the plan
on rates paid by utility customers.
(5)
The commission and staff may consult at any time with, and provide technical
assistance to, utilities, their customers, and other interested parties on
matters relevant to utility rates and charges. If a hearing is held with
respect to a rate change, the commission’s decisions shall be based on the
record made at the hearing. [Amended by by 1971 c.655 §70a; 1981 c.715 §1; 1985
c.550 §2; 1987 c.447 §97; 1987 c.613 §1; 1989 c.5 §§3,23; 1995 c.785 §1; 2001
c.913 §3; 2005 c.845 §5; 2011 c.137 §3]
757.212 Resource rate plans; customers who
may elect to be exempt; order approving plan; effect of approving plan.
(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.
(2)
The Public Utility Commission may approve a resource rate plan as an
alternative form of regulation plan under ORS 757.210. A public utility must
make a separate tariff filing for each proposed resource rate plan. If the
commission approves a resource rate plan by a public utility based on the
construction of a generating plant, the order approving the plan must state how
the commission will reflect the costs and revenues of the generating plant in
the utility’s rates during all or a portion of the expected useful life of the
generating plant. If the commission approves a resource rate plan based on a
wholesale power purchase or sales agreement with a term longer than one year,
the order approving the plan must state how the commission will reflect the
costs and revenues under the wholesale power purchase or sales agreement in the
utility’s rates during all or a portion of the term of the agreement.
(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.
(7)
If the commission approves a resource rate plan, the order of the commission
must also address:
(a)
The extent to which the public utility will use power from the generating plant
or from the power purchase or sales agreement to serve its retail customers in
Oregon;
(b)
The allocation of power available from the generating plant or power purchase
or sales agreement among different classes of the public utility’s customers;
(c)
The ratemaking consequences of the generating plant or power purchase or sales
agreement, including the consequences of variations in the amount of power that
is actually available after the plan is in operation compared with the amount
of power that was anticipated to be available at the time the plan was
approved; and
(d)
Any other issue the commission chooses to consider.
(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.
(9)
A resource rate plan and a public utility’s rates under a resource rate plan
are not subject to ORS 757.355.
(10)
The commission may not set aside or modify an order approving a resource rate
plan unless the public utility operating under the plan approves the setting
aside or modification. [2001 c.913 §2; 2005 c.638 §8]
Note:
757.212 was added to and made a part of 757.205 to 757.220 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
757.215 Commission authorized to suspend
new rates or order interim rates during hearings; revenues collected under
unapproved rates to be refunded; order after hearing.
(1) The Public Utility Commission may, pending such investigation and
determination, order the suspension of the rate or schedule of rates, provided
the initial period of suspension shall not extend more than six months beyond
the time when such rate or schedule would otherwise go into effect. If the
commission finds that the investigation will not be completed at the expiration
of the initial suspension, the commission may enter an order further suspending
such rate or schedule for not more than three months beyond the last day of the
initial suspension.
(2)
This section does not prevent the commission and the utility from entering into
a written stipulation at any time extending any period of suspension.
(3)
After full hearing, whether completed before or after such rate or schedule has
gone into effect, the commission may make such order in reference thereto as
would be proper in a proceeding initiated after such rate or schedule has
become effective.
(4)
If the commission is required to or determines to conduct a hearing on a rate
or schedule of rates filed pursuant to ORS 757.210, but does not order a
suspension thereof, any increased revenue collected by the utility as a result
of such rate or rate schedule becoming effective shall be received subject to
being refunded. If the rate or rate schedule thereafter approved by the
commission is for a lesser increase or for no increase, the utility shall
refund the amount of revenues received that exceeds the amount approved as
nearly as possible to the customers from whom such excess revenues were
collected, by a credit against future bills or otherwise, in such manner as the
commission orders.
(5)
The commission may in a suspension order authorize an interim rate or rate
schedule under which the utility’s revenues will be increased by an amount
deemed reasonable by the commission, not exceeding the amount requested by the
utility. Any such interim increase for a public utility as defined in ORS
757.005 that produces, transmits, delivers or furnishes heat, light or power
shall be effected by rates designed to increase the utility’s revenues without
materially changing the revenue relationships among customer classes or between
the revenues derived from demand charges and from energy charges. An interim
rate or rate schedule shall remain in effect until terminated by the
commission. Upon completion of the hearing and decision, the commission shall
order the utility to refund that portion of the increase in the interim rate or
schedule that the commission finds is not justified. Any refund of an interim
increase under this subsection shall be based upon an analysis of the utility’s
earnings for a period reasonably representative of the period during which the
interim increase was in effect. Refunds shall be made as nearly as possible to
the customers against whom the interim rates were charged, by credits against
future bills or in such other manner as the commission orders.
(6)
Refunds ordered by the commission under subsection (4) or (5) of this section
shall include interest on the amount determined to be subject to refund from
the date such interim rate or rate schedules took effect. [Amended by 1981
c.715 §2; 1991 c.964 §1]
757.220 Notice of schedule changes
required; exception for alternative regulation.
No change shall be made in any schedule, including schedules of joint rates,
except upon 30 days’ notice to the Public Utility Commission. All changes shall
be plainly indicated upon existing schedules, or by filing new schedules in
lieu thereof 30 days prior to the time they are to take effect. However, the
commission, for good cause shown, may allow changes without requiring the 30
days’ notice by filing an order specifying the changes to be made and the time
when they shall take effect. This section does not apply to rate changes
authorized under an alternative form of regulation plan under ORS 757.210 (2). [Amended
by 1995 c.785 §2]
757.225 Utilities required to collect for
their services in accordance with schedules. No
public utility shall charge, demand, collect or receive a greater or less
compensation for any service performed by it within the state, or for any
service in connection therewith, than is specified in printed rate schedules as
may at the time be in force, or demand, collect or receive any rate not
specified in such schedule. The rates named therein are the lawful rates until
they are changed as provided in ORS 757.210 to 757.220. [Amended by 1971 c.655 §71;
1985 c.550 §3; 1991 c.67 §204]
757.227 Rate mitigation for certain
electric company rate increases. (1) As used
in this section, “electric company” has the meaning given that term in ORS
757.600.
(2)
The Public Utility Commission shall require that an electric company mitigate a
rate increase payable by a class of customers described in subsection (5) of
this section if:
(a)
The increase results from a transition to an electric company’s generally
applicable cost-based rate from the rates established under the contracts
described in subsection (5) of this section; and
(b)
The increase in the cost of electricity to that class of customers by reason of
the transition will exceed 50 percent during the first 12 calendar months after
the transition occurs.
(3)
The commission shall require an electric company to mitigate a rate increase
under this section by means of a schedule of rate credits for the class of
customers described in subsection (5) of this section. The rate credits
provided by an electric company under the schedule shall automatically decrease
each year to the lowest credit necessary to avoid a rate increase that is
greater than 50 percent in any subsequent year. Rate credits under this section
may not be provided for more than seven years after the transition occurs.
(4)
For the purpose of determining the increase in the cost of electricity to a
class of customers by reason of a transition described in subsection (2)(a) of
this section, the commission shall:
(a)
Include the total charges for electricity service, including all special
charges and credits other than the rate credit provided under this section; and
(b)
Exclude any local taxes or fees paid by the class of customers.
(5)
This section applies only to customers of an electric company that purchase
electricity at metering points that before the transition described in
subsection (2)(a) of this section were eligible for rates that were set under
contracts entered into before 1960 and remained unchanged throughout the period
of the contract.
(6)
The full cost of providing rate credits under this section shall be spread
equally among all other customers of the electric company. [2005 c.594 §3]
757.230 Control of commission over
classification of services and forms of schedules; rules.
(1) The Public Utility Commission shall provide for a comprehensive
classification of service for each public utility, and such classification may
take into account the quantity used, the time when used, the purpose for which
used, the existence of price competition or a service alternative, the services
being provided, the conditions of service and any other reasonable
consideration. Based on such considerations the commission may authorize
classifications or schedules of rates applicable to individual customers or
groups of customers. The service classifications and schedule forms shall be
designed consistently with the requirements of ORS 469.010. Each public utility
is required to conform its schedules of rates to such classification. If the
commission determines that a tariff filing under ORS 757.205 results in a rate
classification primarily related to price competition or a service alternative,
the commission, at a minimum, shall consider the following:
(a)
Whether the rate generates revenues at least sufficient to cover relevant short
and long run costs of the utility during the term of the rates;
(b)
Whether the rate generates revenues sufficient to insure that just and
reasonable rates are established for remaining customers of the utility;
(c)
For electric and natural gas utilities:
(A)
Whether it is appropriate to incorporate interruption of service in the utility’s
rate agreement with the customer; and
(B)
Whether the rate agreement requires the utility to acquire new resources to
serve the load; and
(d)
For electric utilities, for service to load not previously served, the effect
of the rate on the utility’s average system cost through the residential
exchange provision of the Pacific Northwest Electric Power Planning and
Conservation Act of 1980, Public Law 96-501, as amended.
(2)
The commission may prescribe such changes in the form in which the schedules
are issued by any public utility as may be found to be expedient. The
commission shall adopt rules which allow any person who requests notice of
tariff filings described under subsection (1) of this section to receive such
notice. [Amended by 1971 c.655 §72; 1977 c.682 §1; 1987 c.900 §1]
757.235
[Amended by 1953 c.285 §2; repealed by 1981 c.715 §3]
757.240 Filing schedules in business
office. (1) A copy of so much of all schedules,
including schedules of joint rates and charges, as the Public Utility
Commission deems necessary for the use of the public shall be printed in plain
type and kept on file in every business office of such public utility, open to
the public, and in such form and place as to be readily accessible to the
public for convenient inspection.
(2)
Copies of all new schedules shall be filed in every business office of such
public utility 30 days prior to the time the schedules are to take effect,
unless the commission prescribes a shorter time. [Amended by 1971 c.655 §73]
757.245 Establishment of joint rates.
(1) A public utility may establish reasonable through service and joint rates
and classifications with other public utilities. Public utilities establishing
joint rates shall establish just and reasonable regulations and practices in
connection therewith and just, reasonable and equitable divisions thereof as
between the public utilities participating therein, which shall not unduly
prefer or prejudice any of such participating public utilities, and every
unjust and unreasonable rate, classification, regulation, practice and division
is prohibited.
(2)
The Public Utility Commission may, and shall, whenever deemed by the commission
to be necessary or desirable in the public interest, after full hearing upon
complaint, or upon the commission’s own initiative without complaint, establish
through service, classifications and joint rates, the divisions of such rates
and the terms and conditions under which such through service shall be
rendered. If any tariff or schedule canceling any through service or joint rate
or classification without the consent of all the public utilities parties
thereto or authorization by the commission is suspended by the commission for
investigation, the burden of proof is upon the public utilities proposing such
cancellation to show that it is consistent with the public interest.
(3)
Whenever, after full hearing upon complaint or upon the commission’s own
initiative without complaint, the commission is of the opinion that the
divisions of joint rates between the public utilities are or will be unjust,
unreasonable, inequitable or unduly preferential or prejudicial as between the
public utilities parties thereto, whether agreed upon by such public utilities
or otherwise established, the commission shall, by order, prescribe the just,
reasonable and equitable divisions thereof to be received by the several public
utilities. In cases where the joint rate was established pursuant to the
finding or order of the commission and the divisions thereto are found by the
commission to have been unjust, unreasonable or inequitable, or unduly
preferential or prejudicial, the commission may also by order determine what,
for the period subsequent to the filing of the complaint or petition or the
making of the order of investigation, would have been the just, reasonable and
equitable division thereof to be received by the several public utilities and
require adjustment to be made in accordance therewith.
(4)
In so prescribing and determining the divisions of joint rates, the commission
shall give due consideration, among other things, to:
(a)
The efficiency with which the public utilities concerned are operated;
(b)
The amount of revenue to pay their respective operating expenses, taxes and a
fair return on their public utility property held for and used in service;
(c)
The importance to the public of the services of such public utilities;
(d)
Whether any particular participating public utility is an originating,
intermediate or delivering utility; and
(e)
Any other fact or circumstance which ordinarily would entitle one public
utility to a greater or less proportion of the joint rate than another. [Amended
by 1971 c.655 §74]
757.247 Tariff schedules for renewable
energy generation facilities and energy conservation.
(1) The Public Utility Commission may authorize a public utility to file and
place into effect tariff schedules establishing rates or charges for renewable
energy generation facilities, or for energy conservation measures, services or
payments, provided to individual property owners or customers. Application of
the schedule shall be subject to agreement between the public utility and the
property owner or customer receiving service at the time the renewable energy
generation facilities or conservation measures, services or payments are
initially provided.
(2)
A tariff schedule under this section may include provisions for the payment of
the rates or charges over a period of time and for the application of the
payment obligation to successive property owners or customers at the premises
where the renewable energy generation facilities or conservation measures or
services were installed or performed or with respect to which the payments were
made.
(3)
A public utility shall record a notice of any payment obligation required of a
property owner or customer under this section in the records maintained by the
county clerk under ORS 205.130. The commission may prescribe by rule other
methods by which the public utility shall notify property owners or customers
of any such payment obligation.
(4)
A public utility may use moneys obtained through a rate established under ORS
757.603 (2)(a) to provide renewable energy generation facilities to property
owners or customers under this section. A public utility may not charge
interest to a property owner or customer for facilities acquired with moneys
obtained through a rate established under ORS 757.603 (2)(a). [1991 c.268 §2;
2007 c.885 §3]
757.250 Standards and appliances for
measuring service; rules. (1) The Public Utility
Commission shall ascertain and prescribe for each kind of public utility
suitable and convenient standard commercial units of service. These shall be
lawful units for the purposes of this chapter.
(2)
The commission shall ascertain and fix adequate and serviceable standards for
the measurement of quality, pressure, initial voltage or other conditions
pertaining to the supply of the service rendered by any public utility and
prescribe reasonable regulations for examination and testing of such service
and for the measurement thereof. It shall establish reasonable rules,
regulations, specifications and standards to secure the accuracy of all meters
and appliances for the measurements, and every public utility is required to
carry into effect all orders issued by the commission relative thereto. [Amended
by 1971 c.655 §75]
757.255 Testing of measuring appliances;
rules; fees. (1) The Public Utility Commission may
provide for the examination and testing of any and all appliances used for the
measuring of any service of a public utility, and may provide by rule that no
such appliance shall be installed and used for the measuring of any service of
any public utility until it has been examined and tested by the commission and
found to be accurate.
(2)
The commission shall declare and establish a reasonable fee governing the cost
of such examination and test, which shall be paid to the commission by the
public utility.
(3)
The commission shall declare and establish reasonable fees for the testing of
such appliances on the application of the customer, the fee to be paid by the
customer at the time of the customer’s request, but to be repaid to the customer
by the commission and to be paid by the public utility if the appliance is
found defective or incorrect to the disadvantage of the customer or used beyond
such reasonable limit as may be prescribed by the commission.
(4)
All fees collected under the provisions of this section shall be paid by the
commission into the State Treasury.
(5)
The commission may purchase such materials, apparatus and standard measuring
instruments for the examination and tests as the commission deems necessary. [Amended
by 1971 c.655 §76]
757.259 Amounts includable in rate
schedule; deferral; limit in effect on rates by amortization; rules.
(1) In addition to powers otherwise vested in the Public Utility Commission,
and subject to the limitations contained in this section, under amortization
schedules set by the commission, a rate or rate schedule:
(a)
May reflect:
(A)
Amounts lawfully imposed retroactively by order of another governmental agency;
or
(B)
Amounts deferred under subsection (2) of this section.
(b)
Shall reflect amounts deferred under subsection (3) of this section if the
public utility so requests.
(2)
Upon application of a utility or ratepayer or upon the commission’s own motion
and after public notice, opportunity for comment and a hearing if any party
requests a hearing, the commission by order may authorize deferral of the
following amounts for later incorporation in rates:
(a)
Amounts incurred by a utility resulting from changes in the wholesale price of
natural gas or electricity approved by the Federal Energy Regulatory
Commission;
(b)
Balances resulting from the administration of Section 5(c) of the Pacific
Northwest Electric Power Planning and Conservation Act of 1980;
(c)
Direct or indirect costs arising from any purchase made by a public utility
from the Bonneville Power Administration pursuant to ORS 757.663, provided that
such costs shall be recovered only from residential and small-farm retail
electricity consumers;
(d)
Amounts accruing under a plan for the protection of short-term earnings under
ORS 757.262 (2); or
(e)
Identifiable utility expenses or revenues, the recovery or refund of which the
commission finds should be deferred in order to minimize the frequency of rate
changes or the fluctuation of rate levels or to match appropriately the costs
borne by and benefits received by ratepayers.
(3)
Upon request of the public utility, the commission by order shall allow
deferral of amounts provided as financial assistance under an agreement entered
into under ORS 757.072 for later incorporation in rates.
(4)
The commission may authorize deferrals under subsection (2) of this section
beginning with the date of application, together with interest established by
the commission. A deferral may be authorized for a period not to exceed 12 months
beginning on or after the date of application. However, amounts deferred under
subsection (2)(c) and (d) or (3) of this section are not subject to subsection
(5), (6), (7), (8) or (10) of this section, but are subject to such limitations
and requirements that the commission may prescribe and that are consistent with
the provisions of this section.
(5)
Unless subject to an automatic adjustment clause under ORS 757.210 (1), amounts
described in this section shall be allowed in rates only to the extent authorized
by the commission in a proceeding under ORS 757.210 to change rates and upon
review of the utility’s earnings at the time of application to amortize the
deferral. The commission may require that amortization of deferred amounts be
subject to refund. The commission’s final determination on the amount of
deferrals allowable in the rates of the utility is subject to a finding by the
commission that the amount was prudently incurred by the utility.
(6)
Except as provided in subsections (7), (8) and (10) of this section, the
overall average rate impact of the amortizations authorized under this section
in any one year may not exceed three percent of the utility’s gross revenues
for the preceding calendar year.
(7)
The commission may allow an overall average rate impact greater than that
specified in subsection (6) of this section for natural gas commodity and
pipeline transportation costs incurred by a natural gas utility if the
commission finds that allowing a higher amortization rate is reasonable under
the circumstances.
(8)
The commission may authorize amortizations for an electric utility under this
section with an overall average rate impact not to exceed six percent of the
electric utility’s gross revenues for the preceding calendar year. If the commission
allows an overall average rate impact greater than that specified in subsection
(6) of this section, the commission shall estimate the electric utility’s cost
of capital for the deferral period and may also consider estimated changes in
the electric utility’s costs and revenues during the deferral period for the
purpose of reviewing the earnings of the electric utility under the provisions
of subsection (5) of this section.
(9)
The commission may impose requirements similar to those described in subsection
(8) of this section for the amortization of other deferrals under this section,
but may not impose such requirements for deferrals under subsection (2)(c) or
(d) or (3) of this section.
(10)
The commission may authorize amortization of a deferred amount for an electric
utility under this section with an overall average rate impact greater than
that allowed by subsections (6) and (8) of this section if:
(a)
The deferral was directly related to extraordinary power supply expenses
incurred during 2001;
(b)
The amount to be deferred was greater than 40 percent of the revenue received
by the electric utility in 2001 from Oregon customers; and
(c)
The commission determines that the higher rate impact is reasonable under the
circumstances.
(11)
If the commission authorizes amortization of a deferred amount under subsection
(10) of this section, an electric utility customer that uses more than one
average megawatt of electricity at any site in the immediately preceding
calendar year may prepay the customer’s share of the deferred amount. The
commission shall adopt rules governing the manner in which:
(a)
The customer’s share of the deferred amount is calculated; and
(b)
The customer’s rates are to be adjusted to reflect the prepayment of the
deferred amount.
(12)
The provisions of this section do not apply to a telecommunications utility. [1987
c.563 §2; 1989 c.18 §1; 1989 c.956 §1; 1993 c.175 §1; 1999 c.865 §31; 2001
c.733 §3; 2003 c.132 §1; 2003 c.234 §3]
757.260
[Amended by 1971 c.655 §18; renumbered 756.075]
757.262 Rates to encourage acquisition of
cost-effective conservation resources; rules. (1)
The Public Utility Commission, by rule, may adopt policies designed to
encourage the acquisition of cost-effective conservation resources and small-scale,
renewable-fuel electric generating resources.
(2)
In furtherance of the policies adopted pursuant to subsection (1) of this
section, and in such manner as the commission considers proper, the commission
may authorize periodic rate adjustments for the purpose of providing some
protection to a utility from reduction of short-term earnings that may result
from implementation of such policies. The adjustments may include, but are not
limited to, adjustments based in whole or in part upon the extent to which
actual sales deviate from a base level of sales the commission considers
appropriate. [1993 c.175 §3; 1999 c.944 §3]
757.265
[Repealed by 1971 c.655 §250]
757.266 Rates may encourage tree planting
programs as offset to carbon dioxide emissions.
The Public Utility Commission of Oregon may allow a rate or rate schedule of a
public utility to reflect amounts for small scale programs that enable the
utility to gain experience with tree planting on underproducing forestland, as
defined by the State Forestry Department, as an offset to carbon dioxide
emissions. [1993 c.286 §1]
Note:
757.266 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 757 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
757.267 [2005
c.845 §2; repealed by 2011 c.137 §5]
757.268 [2005
c.845 §3; repealed by 2011 c.137 §5]
757.269 Setting of rates based upon income
taxes paid by utility; limitation on use of tax information; rules.
(1) When establishing schedules and rates under ORS 757.210 for an electricity
or natural gas utility, the Public Utility Commission shall act to balance the
interests of the customers of the utility and the utility’s investors by
setting fair, just and reasonable rates that include amounts for income taxes.
Subject to subsections (2) and (3) of this section, amounts for income taxes
included in rates are fair, just and reasonable if the rates include current
and deferred income taxes and other related tax items that are based on
estimated revenues derived from the regulated operations of the utility.
(2)
During ratemaking proceedings conducted pursuant to ORS 757.210, the Public
Utility Commission must ensure that the income taxes included in the
electricity or natural gas utility’s rates:
(a)
Include all expected current and deferred tax balances and tax credits made in
providing regulated utility service to the utility’s customers in this state;
(b)
Include only the current provision for deferred income taxes, accumulated
deferred income taxes and other tax related items that are based on revenues,
expenses and the rate base included in rates and on the same basis as included
in rates;
(c)
Reflect all known changes to tax and accounting laws or policy that would
affect the calculated taxes;
(d)
Are reduced by tax benefits generated by expenditures made in providing
regulated utility service to the utility’s customers in this state, regardless
of whether the taxes are paid by the utility or an affiliated group;
(e)
Contain all adjustments necessary in order to ensure compliance with the
normalization requirements of federal tax law; and
(f)
Reflect other considerations the commission deems relevant to protect the
public interest.
(3)
During a ratemaking proceeding conducted under ORS 757.210 for an electricity
or natural gas utility that pays taxes as part of an affiliated group, the
Public Utility Commission may adjust the utility’s estimated income tax expense
based upon:
(a)
Whether the utility’s affiliated group has a history of paying federal or state
income taxes that are less than the federal or state income taxes the utility
would pay to units of government if it were an Oregon-only regulated utility
operation;
(b)
Whether the corporate structure under which the utility is held affects the
taxes paid by the affiliated group; or
(c)
Any other considerations the commission deems relevant to protect the public
interest.
(4)(a)
Because tax information of unregulated nonutility business in an electricity or
natural gas utility’s affiliated group is commercially sensitive, and public
disclosure of such information could provide a commercial advantage to other
businesses, the Public Utility Commission may not use the tax information
obtained under this section for any purpose other than those described in this
section, in ORS 757.511 and as necessary for the implementation and
administration of this section and ORS 757.511.
(b)
The commission shall adopt rules to implement paragraph (a) of this subsection
that:
(A)
Identify all documents and tax information that an electricity or natural gas
utility must file in its initial filing in a proceeding to change rates that
include amounts for income taxes, recognizing that any party may object to
providing such documents on the grounds that they are not relevant; and
(B)
Determine the procedures under which intervenors in such proceedings may obtain
and use documents and tax information to fully participate in the proceeding.
(5)
As used in this section, “affiliated group” means a group of corporations of
which the public utility is a member and that files a consolidated federal
income tax return. [2011 c.137 §1]
Note:
757.269 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 757 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
ATTACHMENTS REGULATION
757.270 Definitions for ORS 757.270 to
757.290. As used in ORS 757.270 to 757.290, unless
the context requires otherwise:
(1)
“Attachment” means any wire or cable for the transmission of intelligence by
telegraph, telephone or television (including cable television), light waves,
or other phenomena, or for the transmission of electricity for light, heat or
power, and any related device, apparatus, or auxiliary equipment, installed
upon any pole or in any telegraph, telephone, electrical, cable television or
communications right of way, duct, conduit, manhole or handhole or other
similar facility or facilities owned or controlled, in whole or in part, by one
or more public utility, telecommunications utility or consumer-owned utility.
(2)
“Consumer-owned utility” means a people’s utility district organized under ORS
chapter 261, a municipal utility organized under ORS chapter 225 or an electric
cooperative organized under ORS chapter 62.
(3)
“Licensee” means any person, firm, corporation, partnership, company,
association, joint stock association or cooperatively organized association
that is authorized to construct attachments upon, along, under or across the
public ways.
(4)
“Public utility” has the meaning for that term provided in ORS 757.005, and
does not include any entity cooperatively organized or owned by federal, state
or local government, or a subdivision of state or local government.
(5)
“Telecommunications utility” has the meaning for that term provided in ORS
759.005, and does not include any entity cooperatively organized or owned by
federal, state or local government or a subdivision of state or local
government. [1979 c.356 §2; 1989 c.5 §4; 1999 c.832 §4]
757.271 Authorization from pole owner
required for attachment. (1) Subject to applicable
regulations of the Public Utility Commission, a person shall not establish an
attachment to a pole or other facility of a public utility, telecommunications
utility or consumer-owned utility unless the person has executed a contract
with and has authorization from the utility allowing the attachment.
(2)
A licensee shall report all pole attachments to the pole owner. A pole owner
may impose on a licensee a penalty charge for failing to report an attachment.
The pole owner also may charge the licensee for any expenses incurred as a
result of an unauthorized attachment or any attachment that exceeds safety
limits established by rule of the commission. [1999 c.832 §2]
757.272 Pole owner may approve or reject
attachment. (1) A licensee shall notify a public
utility, telecommunications utility or consumer-owned utility of all
attachments to the utility’s poles according to the terms of any agreement
between the licensee and the utility.
(2)
Notwithstanding subsection (1) of this section, the public utility,
telecommunications utility or consumer-owned utility may approve or reject the
attachment. If the attachment is rejected, the licensee shall remove the
attachment within three business days of the date the attachment is rejected.
If the attachment is not removed within three business days of the date the
attachment is rejected, the utility may remove the attachment and charge the
licensee for all costs incurred by the utility in removing the attachment. [1999
c.832 §3]
757.273 Attachments to public utility and
telecommunications utility facilities regulated.
The Public Utility Commission of Oregon shall have the authority to regulate in
the public interest the rates, terms and conditions for attachments by
licensees to poles or other facilities of public utilities and
telecommunications utilities. All rates, terms and conditions made, demanded or
received by any public utility or telecommunications utility for any attachment
by a licensee shall be just, fair and reasonable. [1979 c.356 §3; 1989 c.5 §5]
757.276 Attachments by licensees to
consumer-owned utility facilities regulated. The
Public Utility Commission of Oregon shall have the authority to regulate the
rates, terms and conditions for attachments by licensees to poles or other
facilities of consumer-owned utilities. All rates, terms and conditions made,
demanded or received by any consumer-owned utility for any attachment by a
licensee shall be just, fair and reasonable. [1979 c.356 §4; 1987 c.414 §164;
1999 c.832 §5]
757.279 Fixing rates or charges by commission;
cost of hearing. (1) Whenever the Public Utility
Commission of Oregon finds, after hearing had upon complaint by a licensee, a
public utility, a telecommunications utility or a consumer-owned utility that
the rates, terms or conditions demanded, exacted, charged or collected in
connection with attachments or availability of surplus space for such
attachments are unjust or unreasonable, or that such rates or charges are
insufficient to yield a reasonable compensation for the attachment and the
costs of administering the same, the commission shall determine the just and reasonable
rates, terms and conditions thereafter to be observed and in force and shall
fix the same by order. In determining and fixing such rates, terms and
conditions, the commission shall consider the interest of the customers of the
licensee, as well as the interest of the customers of the public utility,
telecommunications utility or consumer-owned utility that owns the facility
upon which the attachment is made.
(2)
When the order applies to a consumer-owned utility, the order shall also
provide for payment by the parties of the cost of the hearing. The payment
shall be made in a manner which the commission considers equitable. [1979 c.356
§5; 1983 c.251 §1; 1987 c.414 §165; 1989 c.5 §6; 1999 c.832 §6]
757.282 Criteria for just and reasonable
rate for attachments; rate reduction. (1) A just
and reasonable rate shall ensure the public utility, telecommunications utility
or consumer-owned utility the recovery from the licensee of not less than all
the additional costs of providing and maintaining pole attachment space for the
licensee nor more than the actual capital and operating expenses, including
just compensation, of the public utility, telecommunications utility or
consumer-owned utility attributable to that portion of the pole, duct or
conduit used for the pole attachment, including a share of the required support
and clearance space in proportion to the space used for pole attachment above
minimum attachment grade level, as compared to all other uses made of the
subject facilities, and uses that remain available to the owner or owners of
the subject facilities.
(2)
A licensee shall receive a rental deduction if the licensee is in compliance
with rules adopted by the Public Utility Commission for certifying compliance
with the laws regulating pole attachments. A licensee is eligible for the
rental reduction unless the commission or the utility authorizing the
attachment notifies the licensee in writing that the licensee has failed to
comply with either the commission’s rules or the terms of a contract between
the licensee and the utility authorizing the attachment.
(3)
For purposes of determining the rental rate for a pole attachment, the usable
space on the pole shall include 20 inches of safety clearance space between
communication circuits and electric circuits, provided the licensee is in
compliance with rules and agreements as described in subsection (2) of this
section. [1979 c.356 §6; 1989 c.5 §7; 1999 c.832 §7]
757.285 Presumption of reasonableness of
rates set by private agreement. Agreements
regarding rates, terms and conditions of attachments shall be deemed to be
just, fair and reasonable, unless the Public Utility Commission finds upon
complaint by a public utility, telecommunications utility, consumer-owned
utility or licensee party to such agreement and after hearing, that such rates,
terms and conditions are adverse to the public interest and fail to comply with
the provisions hereof. [1979 c.356 §7; 1987 c.414 §166; 1989 c.5 §8; 1999 c.832
§8]
757.287 Application to electrical utility
attachments. Nothing in ORS 757.270 to 757.290 shall
be deemed to apply to any attachment by one or more electrical utilities on the
facilities of one or more other electrical utilities. [1979 c.356 §8]
757.290 Regulatory procedures.
The procedures of the Public Utility Commission for petition, regulation and
enforcement relative to attachments, including any rights of appeal from any
decision thereof, shall be the same as those otherwise generally applicable to
the commission. [1979 c.356 §9; 1987 c.414 §167]
NET METERING FACILITIES
757.300 Net metering facility allowed to
connect to public utility; conditions for connecting and measuring energy;
rules; application to out-of-state utilities. (1) As
used in this section:
(a)
“Customer-generator” means a user of a net metering facility.
(b)
“Electric utility” means a public utility, a people’s utility district
operating under ORS chapter 261, a municipal utility operating under ORS
chapter 225 or an electric cooperative organized under ORS chapter 62.
(c)
“Net metering” means measuring the difference between the electricity supplied
by an electric utility and the electricity generated by a customer-generator
and fed back to the electric utility over the applicable billing period.
(d)
“Net metering facility” means a facility for the production of electrical
energy that:
(A)
Generates electricity using solar power, wind power, fuel cells, hydroelectric
power, landfill gas, digester gas, waste, dedicated energy crops available on a
renewable basis or low-emission, nontoxic biomass based on solid organic fuels
from wood, forest or field residues;
(B)
Is located on the customer-generator’s premises;
(C)
Can operate in parallel with an electric utility’s existing transmission and
distribution facilities; and
(D)
Is intended primarily to offset part or all of the customer-generator’s
requirements for electricity.
(2)
An electric utility that offers residential and commercial electric service:
(a)
Shall allow net metering facilities to be interconnected using a standard meter
that is capable of registering the flow of electricity in two directions.
(b)
May at its own expense install one or more additional meters to monitor the
flow of electricity in each direction.
(c)
May not charge a customer-generator a fee or charge that would increase the
customer-generator’s minimum monthly charge to an amount greater than that of
other customers in the same rate class as the customer-generator. However, the
Public Utility Commission, for a public utility, or the governing body, for a
municipal electric utility, electric cooperative or people’s utility district,
may authorize an electric utility to assess a greater fee or charge, of any
type, if the electric utility’s direct costs of interconnection and administration
of the net metering outweigh the distribution system, environmental and public
policy benefits of allocating such costs among the electric utility’s entire
customer base. The commission may authorize a public utility to assess a
greater fee or charge under this paragraph only following notice and
opportunity for public comment. The governing body of a municipal electric
utility, electric cooperative or people’s utility district may assess a greater
fee or charge under this paragraph only following notice and opportunity for
comment from the customers of the utility, cooperative or district.
(3)(a)
For a customer-generator, an electric utility shall measure the net electricity
produced or consumed during the billing period in accordance with normal metering
practices.
(b)
If an electric utility supplies a customer-generator more electricity than the
customer-generator feeds back to the electric utility during a billing period,
the electric utility shall charge the customer-generator for the net electricity
that the electric utility supplied.
(c)
Except as provided in paragraph (d) of this subsection, if a customer-generator
feeds back to an electric utility more electricity than the electric utility
supplies the customer-generator during a billing period, the electric utility
may charge the minimum monthly charge described in subsection (2) of this
section but must credit the customer-generator for the excess kilowatt-hours
generated during the billing period. An electric utility may value the excess kilowatt-hours
at the avoided cost of the utility, as determined by the commission or the
appropriate governing body. An electric utility that values the excess
kilowatt-hours at the avoided cost shall bear the cost of measuring the excess
kilowatt-hours, issuing payments and billing for the excess hours. The electric
utility also shall bear the cost of providing and installing additional
metering to measure the reverse flow of electricity.
(d)
For the billing cycle ending in March of each year, or on such other date as
agreed to by the electric utility and the customer-generator, any remaining
unused kilowatt-hour credit accumulated during the previous year shall be
granted to the electric utility for distribution to customers enrolled in the
electric utility’s low-income assistance programs, credited to the
customer-generator or dedicated for other use as determined by the commission,
for a public utility, or the governing body, for a municipal electric utility,
electric cooperative or people’s utility district, following notice and
opportunity for public comment.
(4)(a)
A net metering facility shall meet all applicable safety and performance
standards established in the state building code. The standards shall be
consistent with the applicable standards established by the National Electrical
Code, the Institute of Electrical and Electronics Engineers and Underwriters
Laboratories or other similarly accredited laboratory.
(b)
Following notice and opportunity for public comment, the commission, for a
public utility, or the governing body, for a municipal electric utility,
electric cooperative or people’s utility district, may adopt additional control
and testing requirements for customer-generators to protect public safety or
system reliability.
(c)
An electric utility may not require a customer-generator whose net metering
facility meets the standards in paragraphs (a) and (b) of this subsection to
comply with additional safety or performance standards, perform or pay for
additional tests or purchase additional liability insurance. However, an
electric utility shall not be liable directly or indirectly for permitting or
continuing to allow an attachment of a net metering facility, or for the acts
or omissions of the customer-generator that cause loss or injury, including
death, to any third party.
(5)
Nothing in this section is intended to prevent an electric utility from
offering, or a customer-generator from accepting, products or services related
to the customer-generator’s net metering facility that are different from the
net metering services described in this section.
(6)
The commission, for a public utility, or the governing body, for a municipal
electric utility, electric cooperative or people’s utility district, may not
limit the cumulative generating capacity of solar, wind, fuel cell and
microhydroelectric net metering systems to less than one-half of one percent of
a utility’s, cooperative’s or district’s historic single-hour peak load. After
a cumulative limit of one-half of one percent has been reached, the obligation
of a public utility, municipal electric utility, electric cooperative or people’s
utility district to offer net metering to a new customer-generator may be
limited by the commission or governing body in order to balance the interests of
retail customers. When limiting net metering obligations under this subsection,
the commission or the governing body shall consider the environmental and other
public policy benefits of net metering systems. The commission may limit net
metering obligations under this subsection only following notice and
opportunity for public comment. The governing body of a municipal electric
utility, electric cooperative or people’s utility district may limit net
metering obligations under this subsection only following notice and
opportunity for comment from the customers of the utility, cooperative or
district.
(7)
The commission or the governing body may adopt rules or ordinances to ensure
that the obligations and costs associated with net metering apply to all power
suppliers within the service territory of a public utility, municipal electric
utility, electric cooperative or people’s utility district.
(8)
This section applies only to net metering facilities that have a generating
capacity of 25 kilowatts or less, except that the commission by rule may
provide for a higher limit for customers of a public utility.
(9)
Notwithstanding subsections (2) to (8) of this section, an electric utility
serving fewer than 25,000 customers in Oregon that has its headquarters located
in another state and offers net metering services or a substantial equivalent
offset against retail sales in that state shall be deemed to be in compliance
with this section if the electric utility offers net metering services to its
customers in Oregon in accordance with tariffs, schedules and other regulations
promulgated by the appropriate authority in the state where the electric
utility’s headquarters are located. [1999 c.944 §2; 2005 c.145 §1]
757.305
[Amended by 1971 c.655 §77; repealed by 1979 c.190 §431]
ILLEGAL PRACTICES
757.310 Prohibition related to charges for
service. (1) A public utility may not charge a
customer a rate or an amount for a service that is different from the rate or
amount prescribed in the schedules or tariffs for the public utility.
(2)
A public utility may not charge a customer a rate or an amount for a service
that is different from the rate or amount the public utility charges any other
customer for a like and contemporaneous service under substantially similar circumstances.
(3)
A difference in rates or amounts charged does not constitute a violation of
subsection (2) of this section if the difference is based on:
(a)
Service classification under ORS 757.230;
(b)
Contracts for services under ORS 757.516; or
(c)
An optional schedule or tariff for the provision of energy service that takes
into account a customer’s past energy usage and provides price incentives
designed to encourage changes in the customer’s energy usage that correspond to
changes in the cost of providing energy. [Amended by 1971 c.655 §78; 1987 c.900
§2; 1993 c.485 §3; 2005 c.594 §1]
757.315 When free service or reduced rates
allowed. (1) ORS 757.310 does not prevent any
public utility from giving free service, or reduced rates therefor, to:
(a)
Its officers, directors, employees and members of their families;
(b)
Former employees of such public utilities or members of their families where
such former employees have become disabled in the service of such public
utility or are unable from physical disqualification, including retirement, to
continue in the service; or
(c)
Members of families of deceased employees of such public utility.
(2)
The Public Utility Commission may require any public utility to file with the
commission a list, verified under oath, of all free or reduced rate privileges
granted by a public utility under the provisions of this section.
(3)
The Public Utility Commission may authorize a natural gas public utility, upon
application of the utility, to include in rates for residential customers of
the utility amounts for the purpose of generating funds to be used for bill
payment assistance to low-income residential customers of the utility. [Amended
by 1971 c.655 §79; 2001 c.856 §1]
757.320 Reducing rates for persons furnishing
part of necessary facilities. (1) No public
utility shall demand, charge, collect or receive from any person less
compensation for any service rendered or to be rendered by the public utility
in consideration of the furnishing by such person of any part of the facilities
incident thereto.
(2)
This section does not prohibit any public utility from renting any customer’s
facilities incident to providing its services and for paying a reasonable
rental therefor.
(3)
This section does not require a public utility to furnish any part of such
appliances which are situated in and upon the premises of any customer, except
meters and appliances for measurements of any service, unless otherwise ordered
by the Public Utility Commission. [Amended by 1971 c.655 §80]
757.325 Undue preferences and prejudices.
(1) No public utility shall make or give undue or unreasonable preference or
advantage to any particular person or locality, or shall subject any particular
person or locality to any undue or unreasonable prejudice or disadvantage in
any respect.
(2)
Any public utility violating this section is guilty of unjust discrimination.
757.330 Soliciting or accepting special privileges
from utilities. No person shall knowingly
solicit, accept or receive any rebate, concession or discrimination in respect
to any service whereby any such service shall, by any device, be rendered free
or at a lesser rate than that named in the published schedules and tariffs in
force, or whereby any service or advantage is received other than authorized in
this chapter. [Amended by 1971 c.655 §81]
757.335
[Amended by 1971 c.655 §25; renumbered 756.185]
757.340
[Amended by 1971 c.655 §22; renumbered 756.125]
757.345
[Repealed by 1971 c.655 §250]
757.350
[Repealed by 1971 c.655 §250]
757.355 Costs of property not presently
providing utility service excluded from rate base; exception.
(1) Except as provided in subsection (2) of this section, a public utility may
not, directly or indirectly, by any device, charge, demand, collect or receive
from any customer rates that include the costs of construction, building,
installation or real or personal property not presently used for providing
utility service to the customer.
(2)
The Public Utility Commission may allow rates for a water utility that include
the costs of a specific capital improvement if the water utility is required to
use the additional revenues solely for the purpose of completing the capital
improvement. [1979 c.3 §2; 2003 c.202 §2]
SOLAR ENERGY
757.360 Definitions.
As used in ORS 757.360 to 757.380:
(1)
“Electric company” has the meaning given that term in ORS 757.600.
(2)
“Nameplate capacity” means the maximum rated output of a generator or other
electric power production equipment under specific conditions designated by the
manufacturer.
(3)
“Qualifying system” means:
(a)
An alternative energy system used for emergency backup power by a state agency
or facility that is at least 30 percent more efficient than existing agency or
facility sources, including fuel cells; or
(b)
A solar photovoltaic energy system that:
(A)
Directly connects to an electric company’s electrical system within this state
or indirectly connects through the system of an electric company’s retail
electricity consumer or the electric system of a third party that is not an
electric company’s retail electricity consumer but whose system is located
within this state;
(B)
Has meters or other devices in place to monitor and measure the quantity of
energy generated by the solar photovoltaic energy system; and
(C)
Meets any other siting, design, interconnection, installation and electric
output standards and codes required by the laws of this state.
(4)
“Residential qualifying system” means a qualifying system with a nameplate
capacity of 10 kilowatts or less.
(5)
“Resource value” means the estimated value to an electric company of the
electricity delivered from a solar photovoltaic energy system associated with:
(a)
The avoided cost of energy, including avoided fuel price volatility, minus the
costs of firming and shaping the electricity generated from the facility; and
(b)
Avoided distribution and transmission cost.
(6)
“Retail electricity consumer” means a retail electricity consumer, as defined
in ORS 757.600, that is located in Oregon and is served by an electric company.
(7)
“Small commercial qualifying system” means a qualifying system with a nameplate
capacity greater than 10 kilowatts and less than or equal to 100 kilowatts.
(8)
“Solar photovoltaic energy system” means equipment and devices that have the
primary purpose of collecting solar energy and generating electricity by
photovoltaic effect. [2009 c.748 §1; 2010 c.78 §1]
Note:
757.360 to 757.385 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 757 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
757.365 Pilot program for small solar
energy systems; rules; limits to program; report to Legislative Assembly.
(1) The Public Utility Commission shall establish a pilot program for each
electric company to demonstrate the use and effectiveness of volumetric
incentive rates and payments for electricity or for the nonenergy attributes of
electricity, or both, from solar photovoltaic energy systems that are
permanently installed in this state by retail electricity consumers and that
first become operational after the program begins. The cumulative nameplate
capacity of the qualifying systems enrolled in all of the pilot programs may
not exceed 25 megawatts of alternating current. Qualifying systems enrolled in
the pilot program may not have nameplate generating capacity greater than 500
kilowatts.
(2)
The commission by rule shall adopt requirements for the pilot programs
described in subsection (1) of this section. Each electric company shall file
for commission approval tariff schedules for the pilot programs that conform to
the requirements.
(3)
The commission may establish incentive rates for the pilot programs to enable
the development of the most efficient solar photovoltaic energy systems.
(4)
A retail electricity consumer participating in a pilot program may receive
payments based on electricity generated from solar photovoltaic energy system
output for 15 years from the consumer’s date of enrollment in the program, at
rates or through a rate formula in a tariff schedule established at the time of
enrollment, or at rates otherwise established at the time of enrollment. The
consumer thereafter may receive payments based upon electricity generated from
the qualifying system at a rate equal to the resource value.
(5)
The commission may adjust the tariff schedule as needed for new pilot program
participants for the purpose of meeting the goal established in subsection (1)
of this section. Once a retail electricity consumer is enrolled in a program,
the rates or rate formula for determining payments to the consumer may not be
modified.
(6)
The commission shall establish pilot programs designed to attain a goal of 75
percent of the capacity under each program to be deployed by residential
qualifying systems and small commercial qualifying systems. The commission by
rule may adjust the percentage goal for capacity deployed by residential and
small commercial qualifying systems based upon the costs of the energy
generated, the feasibility of attaining the goal and other factors.
(7)
The commission may establish total generator nameplate capacity limits for an
electric company so that the rate impact of the pilot program for any customer
class does not exceed 0.25 percent of the electric company’s revenue
requirement for the class in any year.
(8)
Ownership of renewable energy certificates established under ORS 469A.130 that
are associated with renewable energy generation under the pilot programs must
be transferred to the electric company and may be used to comply with the
renewable portfolio standard described in ORS 469A.052 or 469A.055.
(9)
To the extent that rates paid under a pilot program exceed the resource value,
qualifying systems participating in the pilot programs are not eligible for
expenditures under ORS 757.612 (3)(b)(B) or tax credits under ORS 469B.100 to
469B.118 or 469B.130 to 469B.169.
(10)
All prudently incurred costs associated with compliance with this section are
recoverable in the rates of an electric company.
(11)
The commission shall advise and assist the owners and operators of qualifying
systems in identifying and using grants, incentive moneys, federal funding and
other sources of noninvestment financial support for the construction and
operation of qualifying systems.
(12)
The pilot programs described in subsection (1) of this section close to new
participants on the earlier of:
(a)
March 31, 2015; or
(b)
The date the cumulative nameplate capacity of solar photovoltaic energy systems
that have been permanently installed by retail electricity consumers under the
pilot programs equals 25 megawatts of alternating current.
(13)
The commission shall submit a report to the Legislative Assembly by January 1 of
each odd-numbered year. The report must evaluate the effectiveness of the pilot
programs described in subsection (1) of this section compared to the
effectiveness of expenditures under ORS 757.612 (3)(b)(B) or tax credits under
ORS 469B.100 to 469B.118 or 469B.130 to 469B.169 for promoting the use of solar
photovoltaic energy systems and reducing system costs. The report must also
evaluate the estimated cost of the program to retail electricity consumers. [2009
c.748 §2; 2010 c.78 §2]
Note: See
note under 757.360.
757.370 Minimum solar energy capacity
standard for electric companies; rules. (1) On or
before January 1, 2020, the total solar photovoltaic generating nameplate
capacity, from qualifying systems generating at least 500 kilowatts, of all
electric companies in this state must be at least 20 megawatts of alternating
current with no single project greater than five megawatts of alternating
current.
(2)
For the purpose of complying with the solar photovoltaic generating capacity
standard established by this section, on or before January 1, 2020, each
electric company is required to maintain a minimum generating capacity from
qualifying systems. The minimum generating capacity for each electric company
is determined by multiplying 20 megawatts by a fraction equal to the electric
company’s share of all retail electricity sales made in this state in 2008 by
all electric companies.
(3)
For the purposes of ORS 757.360 to 757.380, capacity of a solar photovoltaic
energy system is measured on the alternating current side of the system’s
inverter using the measurement standards set forth by the Public Utility
Commission by rule. If the system does not use an inverter, the measurement
shall be made at the direct current level.
(4)
An electric company may satisfy the solar photovoltaic generating capacity
standard established by this section with solar photovoltaic energy systems
owned by the company or with contracts for the purchase of electricity from
qualifying systems.
(5)
All costs prudently incurred by an electric company to comply with the solar
photovoltaic generating capacity standard established by this section,
including above-market costs, are recoverable in the company’s rates and are
eligible for an automatic adjustment clause established by the commission under
ORS 469A.120.
(6)
The commission may adopt rules implementing and enforcing this section. [2009
c.748 §3; 2010 c.79 §2]
Note: See
note under 757.360.
757.375 Credit toward compliance with
renewable portfolio standard; limits. (1) Any
electricity produced from a qualifying system under ORS 757.370 that is
physically located in this state may be used by an electric company to comply
with the renewable portfolio standard established under ORS 469A.005 to
469A.210.
(2)
For each kilowatt-hour of electricity produced from a qualifying system that
first becomes operational before January 1, 2016, and generates at least 500
kilowatts, an electric company will be credited with two kilowatt-hours of
qualifying electricity toward the company’s compliance with the renewable
portfolio standard under ORS 469A.005 to 469A.210, up to a maximum of 20
megawatts of capacity. [2009 c.748 §4]
Note: See
note under 757.360.
757.380 Applicability of ORS 757.360 to
757.380. ORS 757.360 to 757.380 apply only to
qualifying systems that are solar photovoltaic energy systems. [2009 c.748 §5]
Note: See
note under 757.360.
757.385 Allowance of fair and reasonable
rates. Nothing in ORS 276.910 and 757.360 to
757.380 affects the authority of the Public Utility Commission to set fair and
reasonable rates as authorized under ORS 756.040 (1). [2009 c.748 §8]
Note: See
note under 757.360.
ISSUANCE OF SECURITIES
757.400 Definition of “stocks.”
As used in ORS 757.400 to 757.460, “stocks” means stocks, stock certificates or
other evidence of interest or ownership.
757.405 Power to regulate issuance of
utility securities. The power of public utilities to
issue stocks and bonds, notes and other evidences of indebtedness and to create
liens on their property situated within this state is a special privilege, the
right of supervision, regulation, restriction and control of which is and shall
continue to be vested in the state. Such power shall be exercised as provided
by law and under such rules and regulations as the Public Utility Commission
may prescribe.
757.410 When issuance of securities is
void. All stocks and bonds, notes or other
evidences of indebtedness, and any security of a public utility shall be void
when issued:
(1)
Without an order of the Public Utility Commission authorizing the same then in
effect except as provided in ORS 757.412 or 757.415 (3).
(2)
With the authorization of the commission, but not conforming in its provisions
to the provisions, if any, which it is required by the order of authorization
of the commission to contain; but no failure to comply with the terms or
conditions of the order of authorization of the commission and no informality
or defect in the application or in the proceedings in connection therewith or
with the issuance of such order shall render void any stock or bond, note or
other evidence of indebtedness, or security issued pursuant to and in
substantial conformity with an order of the commission, except as to a person
taking the same otherwise than in good faith and for value and without actual
notice. [Amended by 1997 c.261 §1]
757.412 Exemption from securities
regulation. Subject to such terms and conditions as
the Public Utility Commission may prescribe, the commission, by rule or order,
may exempt the following from any or all of the provisions of ORS 757.400 to
757.480, if the commission finds that application of the law is not required by
the public interest:
(1)
Any stocks and bonds, notes or other evidences of indebtedness and any other
security or guarantee or class of securities or guarantees for which commission
authorization would otherwise be required prior to the issuance, incurrence or
assumption thereof.
(2)
Any public utility or class of public utilities. [1997 c.261 §3]
Note:
757.412 was added to and made a part of ORS chapter 757 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
757.415 Purposes for which securities and
notes may be issued; order required. (1) Except as
otherwise permitted by subsection (4) of this section, a public utility may
issue stocks and bonds, notes and other evidences of indebtedness, certificates
of beneficial interests in a trust and securities for the following purposes
and no others:
(a)
The acquisition of property, or the construction, completion, extension or
improvement of its facilities.
(b)
The improvement or maintenance of its service.
(c)
The discharge or lawful refunding of its obligations.
(d)
The reimbursement of money actually expended from income or from any other
money in the treasury of the public utility not secured by or obtained from the
issue of stocks or bonds, notes or other evidences of indebtedness, or
securities of such public utility, for any of the purposes listed in paragraphs
(a) to (c) of this subsection except the maintenance of service and
replacements, in cases where the applicant has kept its accounts and vouchers
for such expenditures in such manner as to enable the Public Utility Commission
of Oregon to ascertain the amount of money so expended and the purposes for
which such expenditures were made.
(e)
The compliance with terms and conditions of options granted to its employees to
purchase its stock, if the commission first finds that such terms and
conditions are reasonable and in the public interest.
(f)
The finance or refinance of bondable conservation investment as described in
ORS 757.455. Bonds, notes, certificates of beneficial interests in a trust and
other evidences of indebtedness or ownership, issued for this purpose are
conservation bonds for the purposes of ORS 757.460. Conservation bonds may rely
partly or wholly for repayment on conservation investment assets and revenues
arising with respect to conservation investment assets.
(2)
Before issuing such securities a public utility, in addition to the other
requirements of law, shall secure from the commission upon application an order
authorizing such issue, stating:
(a)
The amount of the issue and the purposes to which the issue or the proceeds
thereof are to be applied;
(b)
In the opinion of the commission, the money, property or labor to be procured
or paid for by such issue reasonably is required for the purposes specified in
the order and compatible with the public interest, which is necessary or
appropriate for or consistent with the proper performance by the applicant of
service as a public utility, and will not impair its ability to perform that
service; and
(c)
Except as otherwise permitted in the order in the case of bonds, notes or other
evidences of indebtedness, such purposes are not, in whole or in part,
reasonably chargeable to operating expenses or to income.
(3)
This section and ORS 757.410 apply to demand notes but do not apply to the
issuance or renewal of a note or evidence of indebtedness maturing not more
than one year after date of such issue or renewal.
(4)
Nothing in ORS 757.400 to 757.460 shall prevent issuance of stock to
stockholders as a stock dividend if there has been secured from the commission
an order:
(a)
Finding that the stock dividend is compatible with the public interest;
(b)
Authorizing such issue and a transfer of surplus to capital in an amount equal
to the par or stated value of the stock so authorized; and
(c)
Finding that a sum equal to the amount to be so transferred was expended for
the purposes enumerated in subsection (1) of this section.
(5)
Conservation bonds authorized pursuant to subsection (1) of this section may be
issued directly by a public utility or through a finance subsidiary. A “finance
subsidiary” means any corporation, limited liability company, company,
association, trust or other entity that is:
(a)
Beneficially owned, directly or indirectly, by a public utility or, in the case
of a trust, for which a public utility or subsidiary thereof is the grantor; or
(b)
Unaffiliated with a public utility and acquires bondable conservation
investment directly or indirectly from a public utility in a transaction
approved by the commission. [Amended by 1961 c.319 §1; 1995 c.539 §4; 2005 c.22
§504]
757.417 Limitation on application of ORS
757.415. ORS 757.415 does not apply to the
issuance, renewal or assumption of liability on any evidence of indebtedness
when such issuance, renewal or assumption is for the purpose of acquiring specific
real or personal property, if the aggregate principal amount thereof, together
with all other then outstanding evidences of indebtedness issued, renewed or
assumed under this section, does not exceed whichever is the greater of the
following amounts:
(1)
The amount of $75,000.
(2)
The amount of one-half of one percent of the sum of:
(a)
The total principal amount of all bonds or other securities representing
secured indebtedness of the public utility issued or assumed and then
outstanding; and
(b)
The capital and surplus as then stated on the books of account of the public
utility. [1971 c.655 §88]
757.419 Limitation on application of ORS
757.480. ORS 757.480 does not apply to any
mortgage or other encumbrance upon any real or personal property given to
secure payment of any evidence of indebtedness issued under ORS 757.415. [1971
c.655 §89]
757.420 Hearings and supplemental orders
relating to issuance of securities; joint approval of issuance by interstate
utility. (1) To enable the Public Utility
Commission to determine whether the commission will issue an order under ORS
757.415, the commission may hold a hearing and may make such additional inquiry
or investigation, examine such witnesses, books, papers, documents and
contracts and require the filing of such data as the commission deems
necessary. The application for such order shall be given priority and shall be
disposed of by the commission within 30 days after the filing of such
application, unless that period is extended with the consent of the public
utility.
(2)
The commission may, upon application of the public utility, after opportunity
for hearing and for good cause shown, make such supplemental orders in the
premises as the commission finds necessary or appropriate, and may by any such
supplemental order modify the provisions of any previous order as to the
particular purposes, uses, extent to which, or the condition under which, any
security theretofore authorized or its proceeds may be applied. Such
supplemental orders are subject to the requirements of ORS 757.415. The period
of time permitted under subsection (1) of this section for disposing of
applications shall not apply to supplemental orders.
(3)
If a commission or other agency is empowered by another state to regulate and
control the amount and character of securities to be issued by any public
utility within such other state, the commission of Oregon has power to agree
with such commission or agency of such other state on the issue of stocks,
bonds, notes, other evidences of indebtedness or securities by a public utility
owning or operating a public utility both in such state and in this state, and
has power to approve such issue jointly with such commission or agency and to
issue a joint certificate of such approval. However, no such joint approval is
required in order to express the consent to and approval of such issue by the
State of Oregon if the issue is separately approved by the Oregon commission.
757.425 State not obligated following
approval of issuance. No provision of ORS 757.405 to
757.450, and no deed or act done or performed under or in connection therewith,
shall be held or construed to obligate the State of Oregon to pay or guarantee,
in any manner whatsoever, any stock or bond, note or other evidence of indebtedness,
authorized, issued or executed under the provisions of ORS 757.405 to 757.450.
757.430 Conditional approval of issuance
authorized. The Public Utility Commission may by
order grant permission for the issue of stocks or bonds, notes or other evidences
of indebtedness in the amount applied for, or in a lesser amount, or not at
all, and may attach to the exercise of the permission such condition or
conditions as the commission deems reasonable and necessary.
757.435 Disposal of proceeds from issuance
of securities; rules. (1) No public utility shall,
without the consent of the Public Utility Commission, apply the issue of any
stock or bond, note or other evidence of indebtedness, or any part or proceeds
thereof, to any purpose not specified in the commission’s order, or to any
purpose specified in the commission’s order in excess of the amount authorized
for such purpose, or issue or dispose of the same on any terms less favorable
than those specified in such order, or a modification thereof.
(2)
The commission has power to require public utilities to account for the
disposition of the proceeds of all sales of stocks and bonds, notes and other
evidences of indebtedness, in such form and detail as the commission deems
advisable, and to establish such rules and regulations as the commission deems
reasonable and necessary to insure the disposition of such proceeds for the
purpose or purposes specified in the order.
757.440 Approval required before utility
may guarantee another’s indebtedness. No public
utility shall assume any obligation or liability as guarantor, indorser, surety
or otherwise in respect to the securities of any other person, firm or
corporation, when such securities are payable at periods of more than 12 months
after the date thereof, without first having secured from the Public Utility
Commission an order authorizing it so to do. Every assumption made other than
in accordance with such an order is void.
757.445 Wrongful issues or use of proceeds
by utility. No public utility shall directly or
indirectly, issue or cause to be issued any stock or bond, note or other
evidence of indebtedness, in nonconformity with the order of the Public Utility
Commission authorizing the same or contrary to the provisions of ORS 757.400 to
757.460, or of the Constitution of this state, or apply the proceeds from the
sale thereof, or any part thereof, to any purpose other than the purposes
specified in the commission’s order, or to any purpose specified in the
commission’s order in excess of the amount in the order authorized for such
purpose.
757.450 Wrongful acts relating to issuance
of securities. No person shall:
(1)
Knowingly authorize, direct, aid in, issue or execute, or cause to be issued or
executed, any stock or bond, note or other evidence of indebtedness, in
nonconformity with the order of the Public Utility Commission authorizing the
same, or contrary to the provisions of ORS 757.400 to 757.460 or of the
Constitution of this state.
(2)
In any proceeding before the commission, knowingly make any false statement or
representation or with knowledge of its falsity file or cause to be filed with
the commission any false statement or representation which may tend in any way
to influence the commission to make an order authorizing the issue of any stock
or bond, note or other evidence of indebtedness, or which results in procuring
from the commission the making of any such order.
(3)
With knowledge that any false statement or representation was made to the
commission in any proceeding tending in any way to influence the commission to
make such order, issue, execute or negotiate, or cause to be issued, executed
or negotiated, any stock or bond, note or other evidence of indebtedness.
(4)
Directly or indirectly, knowingly apply, or cause or assist to be applied, the
proceeds, or any part thereof, from the sale of any stock or bond, note or
other evidence of indebtedness, to any purpose not specified in the commission’s
order, or to any purpose specified in the commission’s order in excess of the amount
authorized for such purpose.
(5)
With knowledge that any stock or bond, note or other evidence of indebtedness,
has been issued or executed in violation of ORS 757.400 to 757.460, negotiate,
or cause the same to be negotiated.
757.455 Conservation program investment
policy; application for bondable investments; utility rates to include
investment costs. (1) It is the policy of the
Public Utility Commission of Oregon to encourage financing investments at the
lowest possible cost to utility customers, including but not limited to
conservation program expenditures.
(2)
If the commission decides that a public utility should defer and amortize
certain conservation program expenditures, the public utility may apply to the
commission for an order designating all or part of the conservation program
expenditures as bondable conservation investment, for the purpose of financing
or refinancing the designated expenditures under ORS 757.415 (1)(f). After
notice and an opportunity for a hearing, the commission may approve the
application if it finds that the conservation program expenditures included in
the application are used, useful and prudent and that financing or refinancing
is likely to be more favorable to customers than other reasonably available
alternatives. Upon approval, the commission shall issue an order stating the
amount of the conservation program expenditures that qualify as bondable
conservation investment.
(3)
The commission shall set rates to include in revenue requirement recovery of a
public utility’s bondable conservation investment, as well as the costs of
equity and debt capital associated with it, including, without limitation, the
payment of principal, premium, if any, and interest on conservation bonds.
Revenues collectible or collected under this subsection shall be known as “conservation
investment assets.” The commission shall not revalue bondable conservation
investment for rate-making purposes, determine that revenues required to
recover bondable conservation investment and associated equity and debt capital
costs are unjust or unreasonable, impair or reduce in any way the value of
conservation investment assets, or impair the timing or the amount of revenues
arising with respect to conservation investment assets that have been used to
secure financing or refinancing under ORS 757.415 (1)(f).
(4)
Subsections (2) and (3) of this section shall apply to any amounts presently
deferred by a utility regardless of whether expended prior to September 9,
1995.
(5)
As used in this section, “conservation program expenditures” includes, without
limitation, loans and cash payments made to customers, the costs of
conservation measures installed at the expense of the public utility, specific
acquisition program development, promotion and labor costs and associated
general supervision, rents, leases and overheads. [1995 c.539 §3]
757.460 Pledge of conservation investment
assets as bond collateral; perfection of security interest; foreclosure.
(1) A public utility or finance subsidiary may pledge conservation investment
assets as collateral for conservation bonds by providing for a security
interest in the conservation investment assets. A security interest in
conservation investment assets is created and perfected only upon entry of an
order by the Public Utility Commission of Oregon approving a contract governing
the granting of the security interest, and the filing with the Secretary of
State of a Uniform Commercial Code Article I financing statement showing such
pledger as “debtor” and identifying the conservation investment assets and the
bondable conservation investment pledged as security. The security interest is
enforceable against the debtor and all third parties, subject to the rights of
any third parties holding security interests in the conservation investment
assets perfected in the manner described in this section if value has been
given by the purchasers of the conservation bonds. An approved security
interest in conservation investment assets is a continuously perfected security
interest in all revenues and proceeds arising with respect to the associated
bondable conservation investment, whether or not those revenues have accrued.
Upon approval by the commission, the priority of the security interest shall be
as set forth in the contract governing the conservation bonds. Conservation
investment assets constitute property for the purposes of contracts securing
the conservation bonds, whether or not the related revenues have accrued.
(2)
The relative priority of a security interest created under this section is not
defeated or adversely affected by the commingling of revenues arising with
respect to conservation investment assets with other funds of the debtor. The
holders of conservation bonds shall have a perfected security interest in all
cash and deposit accounts of the debtor in which revenues arising with respect
to conservation investment assets pledged to the holders of conservation bonds
have been commingled with other funds, but the perfected security interest is
limited to an amount not greater than the amount of the revenues received by
the debtor within 12 months before any default under the conservation bonds
held by the holders or the institution of insolvency proceedings by or against
the debtor, less payments made from the revenues to the holders during that
12-month period. If a default occurs under an approved contract governing
conservation bonds, the holders of the conservation bonds or their authorized
representatives, as secured parties, may foreclose or otherwise enforce the
perfected security interest in the conservation investment assets securing the
conservation bonds, subject to the rights of any third parties holding prior
security interests in the conservation investment assets perfected in the
manner provided in this section. Upon application by the holders of the
conservation bonds or their representatives, without limiting other remedies of
those holders or representatives, the commission shall order the sequestration
and payment to the holders or their representatives of revenues arising with
respect to the debtor.
(3)
The granting, perfection and enforcement of security interests in conservation
investment assets to secure conservation bonds is governed by this section and
not by ORS chapter 79.
(4)
A transfer of conservation investment assets by a public utility to a finance
subsidiary that the parties have expressly stated in the governing
documentation to be a sale or other absolute transfer, in a transaction
approved in an order issued by the commission and made in connection with the
issuance by the finance subsidiary of conservation bonds, shall be treated as a
true sale and not as a pledge or other financing of the conservation investment
assets. According the holders of conservation bonds a preferred right to
revenues of the public utility or the provision by the utility of other credit
enhancement with respect to conservation bonds does not impair or negate the
characterization of any transfer as a true sale.
(5)
Any successor to a public utility pursuant to any bankruptcy, reorganization or
other insolvency proceeding shall perform and satisfy all obligations of the
utility under an approved contract governing conservation bonds in the same
manner and to the same extent as was required of the utility before the
proceeding, including, without limitation, collecting and paying to the holders
of the conservation bonds or their representatives revenues arising with
respect to the conservation investment assets pledged to secure the
conservation bonds.
(6)
As used in this section:
(a)
“Conservation investment assets” has the meaning given under ORS 757.455.
(b)
“Finance subsidiary” has the meaning given under ORS 757.415. [1995 c.539 §2]
TRANSACTIONS INVOLVING UTILITIES
757.480 Approval needed prior to disposal,
mortgage or encumbrance of certain operative utility property or consolidation
with another public utility; exceptions. (1) A public
utility doing business in Oregon shall not, without first obtaining the Public
Utility Commission’s approval of such transaction:
(a)
Except as provided in subsection (5) of this section, sell, lease, assign or
otherwise dispose of the whole of the property of such public utility necessary
or useful in the performance of its duties to the public or any part thereof of
a value in excess of $100,000, or sell, lease, assign or otherwise dispose of
any franchise, permit or right to maintain and operate such public utility or
public utility property, or perform any service as a public utility;
(b)
Mortgage or otherwise encumber the whole or any part of the property of such
public utility necessary or useful in the performance of its duties to the
public, including any franchise, permit or right to maintain and operate such
public utility or public utility property, or perform any service as a public
utility; or
(c)
By any means whatsoever, directly or indirectly, merge or consolidate any of
its lines, plant, system or other property whatsoever, or franchise or permit
to maintain or operate any public utility property, or perform any service as a
public utility, or any part thereof, with any other public utility.
(2)
A public utility that sells, leases, assigns or otherwise disposes of the whole
of the property of such public utility necessary or useful in the performance
of its duties to the public or any part thereof of a value in excess of
$25,000, but less than $100,000, shall notify the commission of the sale within
60 days following the date of the sale.
(3)
Every sale, lease, assignment, mortgage, disposition, encumbrance, merger or
consolidation subject to subsection (1) of this section made other than in
accordance with the order of the commission authorizing the same is void.
(4)
This section does not prohibit or invalidate the sale, lease or other
disposition by any public utility of property which is not necessary or useful
in the performance of its duties to the public.
(5)
A water utility doing business in Oregon shall not, without first obtaining the
Public Utility Commission’s approval of such transaction, sell, lease, assign
or otherwise dispose of the whole of the property of such water utility
necessary or useful in the performance of its duties to the public or any part
thereof of a value in excess of $10,000, or sell, lease, assign or otherwise
dispose of any franchise, permit or right to maintain and operate such water
utility or water utility property, or perform any service as a water utility. [Formerly
757.155; 1999 c.530 §1]
757.485 Purchase of property or stocks of
one utility by another. (1) No public utility shall,
directly or indirectly, purchase, acquire or become the owner of any of the
stocks or bonds or property utilized for utility purposes and having a value in
excess of $10,000 of any other public utility unless authorized so to do by the
Public Utility Commission.
(2)
Every contract by any public utility for the purchase, acquisition, assignment
or transfer to it of any of the stock of any other public utility by or through
any person, partnership or corporation without the approval of the commission
shall be void and of no effect, and no such transfer or assignment of such
stock upon the books of the corporation pursuant to any such contract is
effective for any purpose. [Formerly 757.160]
757.490 Approval needed for certain
contracts. (1) When any public utility doing
business in this state enters into a contract with another corporation with
relation to the construction, operation, maintenance or use of the property of
said public utility in Oregon, or the use of the property of the other
contracting party, or any part thereof, or for service, advice, engineering,
financing, rentals, leasing or for any construction or management charges in
respect of any such property, or for the purchase of property, materials or
supplies, the proposed contract shall be filed with the Public Utility
Commission for the investigation and approval when the public utility owns a
majority of or controls directly or indirectly the voting stock of the other
contracting corporations.
(2)
Any such proposed contract shall be filed with the commission within 90 days of
execution of the contract. The contract shall be deemed to be executed on the
date the parties sign a written contract or on the date the parties begin to
transact business under the contract, whichever date is earlier. The commission
shall promptly investigate and act upon the contract in accordance with ORS
757.495 (3) and (6).
(3)
In making such investigation the commission and accountants, examiners and
agents, appointed by the commission for the purpose, shall be given free access
to all books, books of account, documents, data and records of the public
utility as well as of the corporation with which it is proposing to contract,
which the commission may deem material to the investigation. The failure or
refusal of either of the parties to the proposed contract to comply with this
subsection is prima facie evidence that such contract is unfair, unreasonable
and contrary to public interest, and is sufficient to justify a determination
and finding of the commission to that effect, which has the same force and
effect as any other determination or order of the commission. [Formerly
757.165; 1989 c.956 §6]
757.495 Contracts involving utilities and
persons with affiliated interests. (1) When any
public utility doing business in this state enters into any contract to make
any payment, directly or indirectly, to any person or corporation having an
affiliated interest, for service, advice, auditing, accounting, sponsoring,
engineering, managing, operating, financing, legal or other services, or enter
any charges therefor on its books, which shall be recognized as an operating
expense or capital expenditure in any rate valuation or any other hearing or
proceeding, the contract shall be filed with the Public Utility Commission
within 90 days of execution of the contract. The contract shall be deemed to be
executed on the date the parties sign a written contract or on the date the
parties begin to transact business under the contract, whichever date is earlier.
(2)
When any public utility doing business in this state enters into any contract,
oral or written, with any person or corporation having an affiliated interest
relating to the construction, operation, maintenance, leasing or use of the
property of such public utility in Oregon, or the purchase of property,
materials or supplies, which shall be recognized as the basis of an operating
expense or capital expenditure in any rate valuation or any other hearing or
proceeding, the contract shall be filed with the commission within 90 days of
execution of the contract. The contract shall be deemed to be executed on the
date the parties sign a written contract or on the date the parties begin to
transact business under the contract, whichever date is earlier.
(3)
When any such contract has been submitted to the commission, the commission
promptly shall examine and investigate the contract. If, after such
investigation, the commission determines that the contract is fair and
reasonable and not contrary to the public interest, the commission shall enter
findings and an order to this effect and serve a copy thereof upon the public
utility, whereupon any expenses and capital expenditures incurred by the public
utility under the contract may be recognized in any rate valuation or other
hearing or proceeding. If, after such investigation, the commission determines
that the contract is not fair and reasonable in all its terms and is contrary
to the public interest, the commission shall enter findings and an order accordingly
and serve a copy thereof upon the public utility, and, except as provided in
subsection (4) of this section, it shall be unlawful to recognize the contract
for the purposes specified in this section.
(4)
When any such contract has been filed with the commission within 90 days of
execution and the commission has not entered an order disapproving the contract
under subsection (3) of this section, the commission may not base its refusal
to recognize any expenses or capital expenditures incurred under the contract
in any rate valuation or other hearing or proceeding solely on the basis that
such contract has not been approved under subsection (3) of this section.
(5)
No public utility shall issue notes or lend its funds or give credit on its
books or otherwise to any person or corporation having an affiliated interest,
either directly or indirectly, without the approval of the commission.
(6)
The action of the commission with respect to all the matters described in this
section when submitted to the commission shall be by findings and an order to
be entered within 90 days after the matter has been submitted to the commission
for consideration, and the findings and order of the commission with respect to
any of such matters shall be and remain in full force and effect, unless and
until set aside, modified or remanded in a proceeding for judicial review of an
order in a contested case in the manner provided by ORS 756.610. The public
utility, or any other person or corporation affected by any such findings and
order, may seek judicial review in the manner provided by ORS 756.610. [Formerly
757.170; 1989 c.956 §7; 2005 c.22 §505; 2005 c.638 §9]
757.500 Contracts between certain public
utilities. When any public utility is primarily
engaged in another enterprise and is only indirectly engaged in the production,
transmission, delivery or furnishing of heat, light, water or power to or for
the public by reason of a contract or agreement, express or implied, between
itself and another public utility which is directly engaged in such business,
the jurisdiction of the Public Utility Commission over such public utility
extends only to the right to modify, control, rescind, alter or amend any such
existing contract or agreement where the interest of the customers of such
public utility directly engaged in such business demands. No such contract or
agreement is valid or enforceable until it has been approved by the commission
as being in the public interest. [Formerly 757.175]
757.505
[Repealed by 1971 c.655 §250]
757.506 Findings and policy regarding
exercise of influence over utility by person not engaged in utility business.
(1) The Legislative Assembly finds and declares that:
(a)
The protection of customers of public utilities which provide heat, light or
power is a matter of fundamental statewide concern;
(b)
Existing legislation requires the Public Utility Commission’s approval of one
public utility’s acquisition of another public utility’s stocks, bonds and
certain property used for utility purposes, but does not require the commission’s
approval of such acquisitions by persons not engaged in the public utility
business in Oregon; and
(c)
An attempt by a person not engaged in the public utility business in Oregon to
acquire the power to exercise any substantial influence over the policies and
actions of an Oregon public utility which provides heat, light or power could
result in harm to such utility’s customers, including but not limited to the
degradation of utility service, higher rates, weakened financial structure and
diminution of utility assets.
(2)
It is, therefore, the policy of the State of Oregon to regulate acquisitions by
persons not engaged in the public utility business in Oregon of the power to
exercise any substantial influence over the policies and actions of an Oregon
public utility which provides heat, light or power in the manner set forth in
this section and ORS 757.511 in order to prevent unnecessary and unwarranted
harm to such utilities’ customers. [1985 c.632 §2]
757.510
[Repealed by 1971 c.655 §250]
757.511 Application for authority to
exercise influence over utility; contents of application; issuance of order;
dissemination of information about acquisition.
(1) No person, directly or indirectly, shall acquire the power to exercise any
substantial influence over the policies and actions of a public utility which
provides heat, light or power without first securing from the Public Utility
Commission, upon application, an order authorizing such acquisition if such
person is, or by such acquisition would become, an affiliated interest with
such public utility as defined in ORS 757.015 (1), (2) or (3).
(2)
Notice must be given to the commission of an application under this section at
least 60 days before the application is filed with the commission. The notice
must indicate whether the transaction is a transaction described in ORS 757.814
(1). If the transaction is a transaction as described in ORS 757.814 (1), the
commission shall give notice to cities and counties as required by ORS 757.814
(1).
(3)
The application required by subsection (1) of this section shall set forth
detailed information regarding:
(a)
The applicant’s identity and financial ability;
(b)
The background of the key personnel associated with the applicant;
(c)
The source and amounts of funds or other consideration to be used in the
acquisition;
(d)
The applicant’s compliance with federal law in carrying out the acquisition;
(e)
Whether the applicant or the key personnel associated with the applicant have
violated any state or federal statutes regulating the activities of public
utilities;
(f)
All documents relating to the transaction giving rise to the application;
(g)
The applicant’s experience in operating public utilities providing heat, light
or power;
(h)
The applicant’s plan for operating the public utility;
(i)
How the acquisition will serve the public utility’s customers in the public
interest; and
(j)
Such other information as the commission may require by rule.
(4)(a)
The commission promptly shall examine and investigate each application received
pursuant to this section. Except as provided in subsection (5) of this section,
the commission shall issue an order disposing of the application within 19
business days of its receipt. If the commission determines that approval of the
application will serve the public utility’s customers and is in the public
interest, the commission shall issue an order granting the application. The
commission may condition an order authorizing the acquisition upon the applicant’s
satisfactory performance or adherence to specific requirements. The commission
otherwise shall issue an order denying the application. The applicant shall
bear the burden of showing that granting the application is in the public
interest.
(b)
In reviewing an application received pursuant to this section for an
electricity or natural gas utility, the Public Utility Commission must consider
the effect of the acquisition or merger on the amount of income taxes paid by
the utility or its affiliated group and make any necessary adjustments to the
rates of the utility, including the establishment of a balancing account to
track income tax expense, to ensure that the acquisition or merger serves the
utility’s customers and is in the public interest.
(5)
The commission may postpone issuance of an order disposing of an application
under this section if notice has been given to cities and counties under ORS
757.814 (1). In no event may the commission postpone issuance of an order
disposing of the application for more than 90 days under the provisions of this
subsection.
(6)
Nothing in this section shall prohibit dissemination by any party of
information concerning the acquisition so long as such dissemination is not
otherwise in conflict with state or federal law. [1985 c.632 §3; 2007 c.807 §2a;
2011 c.137 §4]
757.515
[Amended by 1971 c.655 §39; renumbered 756.515]
757.516 Contracts between natural gas
utilities and customers for commodity and services; determination by commission
of reasonableness of contract and utility activities.
(1) Following a Public Utility Commission determination that such services are
subject to competition, a natural gas utility may enter into a contract with
any customer for the provision of natural gas commodity, rights to pipeline
capacity and natural gas transportation services when such services are
provided in advance of the point of interconnection between the facility of the
natural gas utility and the facility of an interstate pipeline.
(2)
Contracts for services described under subsection (1) of this section are not
schedules of rates, tolls or charges within the meaning of ORS 757.205 and are
not subject to the requirements of ORS 757.205, 757.230 and 757.310.
(3)
A contract for services described under subsection (1) of this section may
include services provided after the point of interconnection between a natural
gas utility’s facility and the interstate pipeline’s facility. Services
provided after the point of interconnection are subject to the requirements of
ORS 757.205, 757.230 and 757.310 and shall be separately priced in accordance
with the utility’s filed tariffs.
(4)
A natural gas utility entering contracts for services described under
subsection (1) of this section shall make available to the commission any information
necessary for review of such contracts for ratemaking purposes. Notwithstanding
ORS 192.410 to 192.505, the commission shall not release the terms of any
contract or portion of a contract for services described in subsection (1) of
this section without the consent of the customer and the natural gas utility
except for contracts entered into between a natural gas utility and an
affiliated interest of that natural gas utility. Notwithstanding any other
provision of this section, a contract for services described in subsection (1)
of this section between a natural gas utility and another public utility may be
released by the commission pursuant to a hearing held under ORS 757.210.
(5)
Nothing in this section shall restrict the commission from subsequent
investigation of the reasonableness of contracts entered into under subsection
(1) of this section for ratemaking purposes. The commission’s review of such
contracts for ratemaking purposes shall not in any way affect the obligations
or rights of the parties under the contracts.
(6)
In accordance with ORS 756.515, the commission may investigate the activities
of a natural gas utility related to contracts described under subsection (1) of
this section. Notwithstanding any other provision of this section, if the
commission finds that the activities of a natural gas utility have not
generally been in the public interest, the commission, by order, may require
the natural gas utility to file all future contracts described under subsection
(1) of this section as provided under ORS 757.205 or 757.240. Any such finding
by the commission shall not affect the obligations or rights of the parties
under any existing contracts.
(7)
Nothing in this section, nor any action taken by the commission pursuant to
this section, shall be deemed state action for the purpose of exempting a
natural gas utility from liability for anticompetitive conduct or other
unlawful practices.
(8)
As used in this section, “natural gas utility” means a public utility providing
natural gas service to customers. [1993 c.485 §2]
757.520
[Repealed by 1971 c.655 §250]
GREENHOUSE GAS EMISSIONS STANDARDS
757.522 Definitions.
As used in ORS 757.522 to 757.536:
(1)
“Additional interest” means:
(a)
The acquisition, by the holder of an interest in a generating facility located
in Oregon, of a separate interest in that generating facility that is producing
energy and is in service for tax purposes, commercially operable or in rates on
July 1, 2010; and
(b)
The renewal of an existing contract of five or more years that includes the
acquisition of baseload electricity for an additional term of five or more
years where the expected greenhouse gas emissions profile of the contract
renewal is substantially similar to that of the previous contract.
(2)
“Annual plant capacity factor” means the ratio of the electricity produced by a
generating facility during one year, measured in kilowatt-hours, to the
electricity the generating facility could have produced if it had been operated
at its rated capacity throughout the same year, expressed in kilowatt-hours.
(3)(a)
“Baseload electricity” means electricity produced by a generating facility that
is designed and intended, at the time a site certificate is issued to the owner
of the facility, to provide electricity on a continuous basis at an annual
plant capacity factor of at least 60 percent.
(b)
“Baseload electricity” does not include electricity from:
(A)
A qualifying facility under the federal Public Utility Regulatory Policies Act
of 1978, 16 U.S.C. 2601 to 2645; or
(B)
A generating source that uses natural gas or petroleum distillates as a fuel
source and that is primarily used to serve either peak demand or to integrate
energy from a renewable energy source described in ORS 469A.025.
(4)
“Construction” has the meaning given that term in ORS 469.300.
(5)
“Consumer-owned utility” has the meaning given that term in ORS 757.600.
(6)
“Electric company” has the meaning given that term in ORS 757.600.
(7)
“Electricity service supplier” has the meaning given that term in ORS 757.600.
(8)
“Generating facility” includes one or more jointly operated electricity
generators that use the same fuel type, have the same in-service date and
operate at the same location as described in ORS 469.300.
(9)
“Governing board” means the legislative authority of a consumer-owned utility.
(10)(a)
“Long-term financial commitment” means an investment in or upgrade of a
generating facility that produces baseload electricity, or a contract with a
term of more than five years that includes acquisition of baseload electricity.
(b)
“Long-term financial commitment” does not include:
(A)
Routine or necessary maintenance;
(B)
Installation of emission control equipment;
(C)
Installation, replacement or modification of equipment that improves the heat
rate of the facility or reduces a generating facility’s pounds of greenhouse
gases per megawatt-hour of electricity;
(D)
Installation, replacement or modification of equipment where the primary
purpose is to maintain reliable generation output capability and not to extend
the life of the generating facility, and that does not increase the heat input
or fuel usage as specified in existing generation air quality permits, but that
may result in incidental increases in generation capacity;
(E)
Repairs necessitated by sudden and unexpected equipment failure; or
(F)
An acquisition of an additional interest.
(11)
“Output-based methodology” means a greenhouse gas emissions standard that is
expressed in pounds of greenhouse gases emitted per megawatt-hour, factoring in
the useful thermal energy employed for purposes other than the generation of
electricity.
(12)
“Site certificate” has the meaning given that term in ORS 469.300.
(13)
“Upgrade” means any modification made for the primary purpose of increasing the
electric generation capacity of a baseload facility. [2009 c.751 §1]
Note:
757.522 to 757.538 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 757 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
757.524 Greenhouse gas emissions standard
applicable to electric companies and electricity service suppliers;
modification; rules. (1) Unless modified by rule by
the Public Utility Commission as provided in this section, the greenhouse gas
emissions standard that applies to electric companies and electricity service
suppliers is 1,100 pounds of greenhouse gases per megawatt-hour for a
generating facility.
(2)
Unless modified pursuant to subsection (4) of this section, the greenhouse gas
emissions standard applies only to carbon dioxide emissions.
(3)
For purposes of applying the emissions standard to cogeneration facilities, the
commission shall establish an output-based methodology to ensure that the
calculation of emissions of greenhouse gases for cogeneration facilities
recognizes the total usable energy output of the process and includes all
greenhouse gases emitted by the facility in the production of both electrical
and thermal energy.
(4)
The commission shall review the greenhouse gas emissions standard established
under this section no more than once every three years. After public notice and
hearing, and consultation with the State Department of Energy, the commission
may:
(a)
Modify the emissions standard to include other greenhouse gases as defined in
ORS 468A.210, with the other greenhouse gases expressed as their carbon dioxide
equivalent; and
(b)
Modify the emissions standard based upon current information on the rate of
greenhouse gas emissions from a commercially available combined-cycle natural
gas generating facility that:
(A)
Employs a combination of one or more gas turbines and one or more steam
turbines and produces electricity in the steam turbines from waste heat
produced by the gas turbines;
(B)
Has a heat rate at high elevation within the boundaries of the Western
Electricity Coordinating Council; and
(C)
Has a heat rate at ambient temperatures when operating during the hottest day
of the year.
(5)
In modifying the greenhouse gas emissions standard, the commission shall:
(a)
Use an output-based methodology to ensure that the calculation of greenhouse
gas emissions through cogeneration recognizes the total usable energy output of
the process and includes all greenhouse gases emitted by the generating
facility in the production of both electrical and thermal energy; and
(b)
Consider the effects of the emissions standard on system reliability and
overall costs to electricity consumers.
(6)
If upon a review conducted pursuant to subsection (4) of this section, the
commission determines that a mandatory greenhouse gas emissions limit has been
established pursuant to state or federal law, the commission shall issue a
report to the appropriate legislative committees of the Legislative Assembly
stating which portions, if any, of the greenhouse gas emissions standard are no
longer necessary as a matter of state law.
(7)
Modifications to the emissions standard made pursuant to this section do not
apply to long-term financial commitments entered into prior to the time of such
modification. A long-term financial commitment begins upon execution of a
contract for the acquisition of baseload electricity or upon construction of a
generating facility. [2009 c.751 §2]
Note: See
note under 757.522.
757.525
[Repealed by 1971 c.655 §250]
757.528 Greenhouse gas emissions standard
applicable to consumer-owned utilities; modification; rules.
(1) Unless modified by rule by the State Department of Energy as provided in
this section, the greenhouse gas emissions standard that applies to
consumer-owned utilities is 1,100 pounds of greenhouse gases per megawatt-hour
for a generating facility.
(2)
Unless modified pursuant to subsection (4) of this section, the greenhouse gas
emissions standard includes only carbon dioxide emissions.
(3)
For purposes of applying the emissions standard to cogeneration facilities, the
department shall establish an output-based methodology to ensure that the
calculation of emissions of greenhouse gases for cogeneration facilities
recognizes the total usable energy output of the process and includes all
greenhouse gases emitted by the facility in the production of both electrical
and thermal energy.
(4)
The department shall review the greenhouse gas emissions standard established
under this section no more than once every three years. After public notice and
hearing, and consultation with the Public Utilities Commission, the department
may:
(a)
Modify the emissions standard to include other greenhouse gases as defined in
ORS 468A.210, with the other greenhouse gases expressed as their carbon dioxide
equivalent; and
(b)
Modify the emissions standard based upon current information on the rate of
greenhouse gas emissions from a commercially available combined-cycle natural
gas generating facility that:
(A)
Employs a combination of one or more gas turbines and one or more steam
turbines and produces electricity in the steam turbines from waste heat
produced by the gas turbines;
(B)
Has a heat rate at high elevation within the boundaries of the Western
Electricity Coordinating Council; and
(C)
Has a heat rate at ambient temperatures when operating during the hottest day
of the year.
(5)
In modifying the greenhouse gas emissions standard, the department shall:
(a)
Use an output-based methodology to ensure that the calculation of greenhouse
gas emissions through cogeneration recognizes the total usable energy output of
the process and includes all greenhouse gases emitted by the generating
facility in the production of both electrical and thermal energy; and
(b)
Consider the effects of the emissions standard on system reliability and
overall costs to electricity consumers.
(6)
If upon a review conducted pursuant to subsection (4) of this section, the
department determines that a mandatory greenhouse gas emissions limit has been
established pursuant to state or federal law, the department shall issue a
report to the appropriate legislative committees of the Legislative Assembly
stating which portions, if any, of the greenhouse gas emissions standard are no
longer necessary as a matter of state law. [2009 c.751 §3]
Note: See
note under 757.522.
757.530
[Repealed by 1971 c.655 §250]
757.531 Emissions standard-based
restrictions on long-term financial commitments by electric companies or
electricity service suppliers; rules. (1)(a) An
electric company or electricity service supplier may not enter into a long-term
financial commitment unless the baseload electricity acquired under the
commitment is produced by a generating facility that complies with a greenhouse
gas emissions standard established under ORS 757.524.
(b)
A generating facility complies with the greenhouse gas emissions standard
established under ORS 757.524 if the rate of emissions of the facility does not
exceed the emissions standard.
(c)
In determining whether a generating facility complies with the emissions
standard, the total emissions associated with producing baseload electricity at
the generating facility are included in determining the rate of emissions of
greenhouse gases. The total emissions associated with producing electricity at
the generating facility do not include emissions associated with
transportation, fuel extraction or other life-cycle emissions associated with
obtaining the fuel for the facility.
(2)
Notwithstanding subsection (1) of this section, the emissions standard does not
apply to greenhouse gas emissions produced by a generating facility owned by an
electric company or electricity service supplier or contracted through a
long-term financial commitment if the emissions:
(a)
Come from a facility powered exclusively by renewable energy sources described
in ORS 469A.025;
(b)
Come from a cogeneration facility in this state that is fueled by natural gas,
synthetic gas, distillate fuels, waste gas or a combination of these fuels, and
that is producing energy, in service for tax purposes, commercially operable,
or in rates as of July 1, 2010, until the facility is subject to a new
long-term financial commitment; or
(c)
Come from a generating facility that has in place a plan, as determined by the
Public Utility Commission, to be a low-carbon emissions resource, pursuant to
sufficient technical documentation, within seven years of commencing plant
operations.
(3)
Notwithstanding ORS 757.524 and subsection (1) of this section, the commission
may exempt a long-term financial commitment by an electric company or an
electricity service supplier from the greenhouse gas emissions standard if the
commission finds that the commitment is a necessary and prudent response to:
(a)
Unanticipated electricity system reliability needs; or
(b)
Catastrophic events or threat of significant financial harm that may arise from
unforeseen circumstances.
(4)
Notwithstanding subsection (1) of this section, an electric company may enter
into a long-term financial commitment that does not meet the emissions standard
established under ORS 757.524 if the electric company does not seek recovery of
the costs in retail sales in this state.
(5)
The commission by rule shall establish:
(a)
Standards for identifying contracts for electricity for which the emissions
cannot readily be determined with any specificity; and
(b)
Emissions to be attributed to such contracts for purposes of determining
compliance with the emissions standard established under ORS 757.524. [2009
c.751 §4]
Note: See
note under 757.522.
757.533 Emissions standard-based
restrictions on long-term financial commitments by consumer-owned utilities;
rules. (1)(a) A governing board of a
consumer-owned utility may not enter into a long-term financial commitment
unless the baseload electricity acquired under the commitment is produced by a
generating facility that complies with a greenhouse gas emissions standard
established under ORS 757.528.
(b)
A generating facility complies with the greenhouse gas emissions standard
established under ORS 757.528 if the rate of emissions of the facility does not
exceed the emissions standard.
(c)
In determining whether a generating facility complies with the emissions
standard, the total emissions associated with producing baseload electricity at
the generating facility shall be included in determining the rate of emissions
of greenhouse gases. The total emissions associated with producing electricity at
the generating facility do not include emissions associated with
transportation, fuel extraction or other life-cycle emissions associated with
obtaining the fuel for the facility.
(2)
Notwithstanding subsection (1) of this section, the emissions standard does not
apply to greenhouse gas emissions produced by a generating facility owned by a
consumer-owned utility or contracted through a long-term financial commitment
if the emissions:
(a)
Come from a facility powered exclusively by renewable energy sources described
in ORS 469A.025;
(b)
Come from a cogeneration facility in this state that is fueled by natural gas,
synthetic gas, distillate fuels, waste gas or a combination of these fuels, and
that is producing energy, in service for tax purposes, commercially operable,
or in rates as of July 1, 2010, until the facility is subject to a new
long-term financial commitment; or
(c)
Come from a generating facility that has in place a plan to be a low-carbon
emission resource, as determined by the State Department of Energy, pursuant to
sufficient technical documentation, within seven years of commencing plant
operations.
(3)
The governing board may provide an exemption for an individual generating
facility from the emissions performance standard to address:
(a)
Unanticipated electricity system reliability needs;
(b)
Catastrophic events or threat of significant financial harm that may arise from
unforeseen circumstances; or
(c)
Long-term financial commitments between members of a joint operating entity
recognized under federal law or the joint operating entity’s predecessor
organization, or with the joint operating entity for a baseload resource that
the consumer-owned utility had an ownership interest in prior to July 1, 2010.
(4)
A governing board shall report to the consumer-owned utility’s customers or
members and to the State Department of Energy information on any case-by-case
exemption from the emissions performance standard granted by the governing
board.
(5)
For purposes of ORS 757.522 to 757.536, a long-term financial commitment for a
consumer-owned utility does not include agreements to purchase electricity from
the Bonneville Power Administration.
(6)
The department by rule shall establish:
(a)
Standards for identifying contracts for electricity for which the emissions
cannot readily be determined with any specificity; and
(b)
Emissions to be attributed to such contracts for purposes of determining
compliance with the emissions standard established under ORS 757.528. [2009
c.751 §5]
Note: See
note under 757.522.
757.535
[Repealed by 1971 c.655 §250]
757.536 Public Utility Commission review
of plans and rates to ensure compliance with greenhouse gas emissions standard;
rules. (1)(a) The Public Utility Commission
may not acknowledge in an integrated resource plan, or allow in customer rates,
the costs of a long-term financial commitment by an electric company or by an
electricity service supplier unless the baseload electricity proposed to be
acquired under the commitment is produced by a generating facility that
complies with the greenhouse gas emissions standard established under ORS
757.524.
(b)
The commission shall revoke the certification under ORS 757.649 of an
electricity service supplier entering into a long-term financial commitment to
serve customers in this state if baseload electricity acquired under the
commitment is produced by a generating facility that does not comply with the
greenhouse gas emissions performance standard established under ORS 757.524.
(2)
Pursuant to ORS 756.040, the commission shall adopt rules for the
implementation of this section.
(3)
Within 90 days of application by an electric company or electricity service
supplier, the commission shall determine whether the electric company’s or
electricity service supplier’s proposal to enter into a long-term financial
commitment complies with the greenhouse gas emissions standard established
under ORS 757.524. The commission may not decide in a proceeding under this
subsection issues involving the actual costs to construct and operate the
selected resource, cost recovery or other issues reserved by the commission for
decision in a general rate case or other proceeding for recovery of the
resource or contract costs. [2009 c.751 §6]
Note: See
note under 757.522.
757.538 Rules.
The Public Utility Commission and the State Department of Energy shall adopt
rules as necessary to implement ORS 757.522 to 757.536. [2009 c.751 §8]
Note: See
note under 757.522.
Note:
Sections 9 and 12, chapter 751, Oregon Laws 2009, provide:
Sec. 9. (1)
The Public Utility Commission shall develop estimates of the rate impacts for
electric companies and natural gas companies to meet the following alternative
greenhouse gas emission reduction goals for 2020:
(a)
Ten percent below 1990 levels, as specified in ORS 468A.205; and
(b)
Fifteen percent below 2005 levels.
(2)
The commission shall submit a report presenting the estimates and explaining
the analysis used to develop the estimates to the appropriate interim committee
of the Legislative Assembly prior to November 1 of each even-numbered year.
[2009 c.751 §9]
Sec. 12.
Section 9 of this 2009 Act is repealed on January 2, 2020. [2009 c.751 §12\
757.540
[Amended by 1971 c.655 §53; renumbered 756.568]
757.541 [1987
c.599 §1; repealed by 1995 c.691 §8]
OREGON UTILITY NOTIFICATION CENTER
757.542 Definitions.
As used in ORS 757.542 to 757.562 and 757.993:
(1)
“Business day” means any 24-hour day other than a Saturday, Sunday or federal
or state legal holiday.
(2)
“Damage” means harm to or destruction of underground facilities including, but
not limited to, the weakening of structural, lateral or subjacent support; the
penetration, impairment or destruction of any coating, housing or other
protective device; and the denting of, penetration into or severance of
underground facilities.
(3)
“Excavation” means any operation in which earth, rock or other material on or
below the ground is moved or otherwise displaced by any means, except sidewalk,
road and ditch maintenance less than 12 inches in depth that does not lower the
road grade or original ditch flow line. “Excavation” does not include the
tilling of soil for agricultural purposes conducted on private property that is
not within the boundaries of a recorded right of way or easement for
underground facilities.
(4)
“Excavator” means any person who engages in excavation.
(5)
“Operator” means any person, public utility, municipal corporation, political
subdivision of the state or other person with control over underground
facilities.
(6)
“Underground facilities” means items partially or entirely below the surface of
the ground for use in connection with the storage or conveyance of electrical
energy, water, sewage, petroleum products, gas, gaseous vapors or hazardous
liquids, or the transmission of electronic, telephonic, telegraphic or cable
communications. Such items include, but are not limited to, pipes, sewers,
conduits, cables, valves, lines, wires, manholes, attachments and those parts
of poles or anchors that are underground.
(7)
“Unlocatable underground facilities” means underground facilities that cannot
be marked with reasonable accuracy, including nonconductive sewers and
nonmetallic underground facilities that have no trace wires. [1995 c.691 §1]
Note:
757.542 to 757.562 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 757 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
757.545
[Repealed by 1971 c.655 §250]
757.546 [1987
c.599 §2; repealed by 1995 c.691 §8]
757.547 Oregon Utility Notification
Center; board; member qualifications; terms; meetings; rules.
(1)(a) The Oregon Utility Notification Center is created as an independent
not-for-profit public corporation. The corporation shall be governed by a board
of directors consisting of one member appointed to represent each of the
following:
(A)
Cities with a population of 25,000 or more;
(B)
Cities with a population under 25,000;
(C)
Counties;
(D)
Natural gas utilities regulated by the Public Utility Commission under ORS
chapter 757;
(E)
Electric utilities regulated by the Public Utility Commission under ORS chapter
757;
(F)
Water districts, special districts, sanitary districts or water and sanitary
authorities;
(G)
Telecommunications utilities serving fewer than 50,000 access lines and
regulated by the Public Utility Commission under ORS chapter 759;
(H)
Telecommunications utilities serving 50,000 access lines or more and regulated
by the Public Utility Commission under ORS chapter 759;
(I)
Telecommunications cooperatives;
(J)
Electric cooperatives;
(K)
People’s utility districts;
(L)
Contractors;
(M)
Excavators;
(N)
Railroads;
(O)
Cable system operators; and
(P)
Municipal electric utilities.
(b)
To facilitate appointment of members of the first board of directors, the
Public Utility Commission shall, by order, select organizations that are most
representative of each of the groups set forth in paragraph (a) of this
subsection. Each organization so selected may nominate a member for the board
and may, within the time allowed by the commission’s order, submit the name of
the nominee to the Governor, who shall consider the nominee before making any
other appointment to the board.
(c)
After appointment of the first board of directors, to facilitate appointment of
new members to the board, the board shall, by rule, select organizations that
are most representative of each of the groups set forth in paragraph (a) of
this subsection. Each organization so selected may nominate a member for the
board and may, within the time allowed by rule, submit the name of the nominee
to the Governor, who shall consider the nominee before making any other
appointment to the board.
(d)
If the board of directors determines that a group not listed in paragraph (a)
of this subsection should be represented on the board, the board may select an
organization that is most representative of the group and may ask that
organization to nominate a member. Upon receipt of the nomination, the board
may request that the Governor appoint the nominee.
(e)
The Governor shall also appoint to the board of directors one employee of the
commission and one employee of the Department of Transportation.
(2)
The term of office of a member is four years. A member is eligible for
reappointment. Before the expiration of the term of a member, the board of
directors shall solicit a nomination as provided in subsection (1) of this
section and the Governor shall appoint a successor. If there is a vacancy for
any cause, the board shall solicit a nomination as provided in subsection (1)
of this section and the Governor shall make an appointment to become
immediately effective for the unexpired term. A member may continue to serve
until a successor is appointed. Nothing in this subsection or subsection (1) of
this section shall restrict the authority of the Governor to appoint a person
other than one of the persons nominated according to this subsection or
subsection (1) of this section.
(3)
The board of directors shall select one of its members as chairperson and
another as vice chairperson, for such terms and with such duties and powers as
the board considers necessary for the performance of the functions of those
offices. A minimum of seven of the members of the board constitutes a quorum
for the transaction of business.
(4)
The board of directors shall meet at least once every three months at a time
and place determined by the board. The board shall meet at such other times and
places specified by the call of the chairperson or of a majority of the members
of the board. [1995 c.691 §2; 1999 c.451 §2]
Note: See
note under 757.542.
757.550
[Repealed by 1971 c.655 §250]
757.551 [1987
c.599 §3; repealed by 1995 c.691 §8]
757.552 Duties of center; fees for
services; rules; exemption from certain financial administration laws.
(1) It is the function of the board of directors to operate the Oregon Utility
Notification Center, through which a person shall notify operators of
underground facilities of proposed excavations and request that the underground
facilities be marked.
(2)
The board of directors shall:
(a)
Utilize a competitive process to contract with any qualified person to provide
the notification required under subsection (1) of this section.
(b)
Subject to subsection (3) of this section, establish rates, on a per call
basis, under which subscribers shall pay to fund all of the activities of the
Oregon Utility Notification Center.
(c)
Adopt rules according to ORS chapter 183 that regulate the notification and
marking of underground facilities to prevent damage to underground facilities.
The rules, insofar as is practicable, shall be consistent with the Oregon
Utilities Coordinating Council Standards Manual of March 31, 1995.
(3)
The Oregon Utility Notification Center shall have all of the powers of a state
agency. Except as provided in subsection (2) of this section, the provisions of
ORS 279.835 to 279.855 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283,
291, 292 and 293 shall not apply to the Oregon Utility Notification Center.
(4)
Notwithstanding subsection (2)(b) of this section, the board of directors shall
not establish rates or other charges that require payments from any subscriber
who receives fewer than 50 telephone calls in the calendar year or that result
in annual payments of more than $500 for any of the following subscribers:
(a)
Cities with a population under 15,000;
(b)
Telecommunications utilities serving fewer than 50,000 access lines and
regulated by the Public Utility Commission under ORS chapter 759;
(c)
Cable system operators serving fewer than 15,000 customers;
(d)
Utilities, special districts, people’s utility districts or authorities
providing electricity, water or sanitary sewer service to fewer than 15,000 residential
customers; and
(e)
Telecommunications cooperatives. [1995 c.691 §3; 1999 c.451 §3; 2001 c.104 §293;
2003 c.794 §329]
Note: See
note under 757.542.
757.555
[Amended by 1971 c.655 §49; renumbered 756.555]
757.556 [1987
c.599 §5; repealed by 1995 c.691 §8]
757.557 Underground utility facility
operators required to subscribe to center; liability for damage from excavation
for nonsubscribers; exemption. (1) Every
operator of underground facilities shall subscribe to the Oregon Utility
Notification Center.
(2)
Any person intending to excavate shall notify the Oregon Utility Notification
Center at least two but not more than 10 business days before commencing an
excavation. The board of directors shall, by rule, provide an exception to the
requirement of advance notice for excavators in cases that involve an immediate
danger to life or property, or a customer service outage. The board may adopt
additional exceptions as the board, in its discretion, determines necessary.
(3)
Nonsubscribing operators of underground facilities shall be responsible to all
injured parties for all costs associated with damages to such facilities, loss
of product or service or damages that occur as a result of excavation where the
facilities damaged are under the control of the nonsubscribing operator and
proper notice was given to the Oregon Utility Notification Center.
(4)
The provisions of this section shall not apply to operators of underground
facilities that are located entirely on private property and that provide
services exclusively for the use of residents or owners of the property. [1995
c.691 §4; 2001 c.104 §294]
Note: See
note under 757.542.
757.560
[Repealed by 1971 c.655 §250]
757.561 [1987
c.599 §4; repealed by 1995 c.691 §8]
757.562 Report to Legislative Assembly of
center activities; contracts to carry out duties.
(1) The board of directors shall file with the Legislative Assembly and the
Governor, not later than April 15 of each year, a report covering the
activities and operations of the Oregon Utility Notification Center for the
preceding calendar year according to the provisions of ORS 192.230 to 192.250.
(2)
In carrying out the duties, functions and powers imposed by law on the Oregon
Utility Notification Center, the board of directors may contract with any state
agency or private party for the performance of such duties, functions and
powers as the board considers appropriate. [1995 c.691 §5]
Note: See
note under 757.542.
757.565
[Repealed by 1971 c.655 §250]
757.566 [1987
c.599 §6; repealed by 1995 c.691 §8]
757.570
[Repealed by 1971 c.655 §250]
757.571 [1987
c.599 §§7,8; repealed by 1995 c.691 §8]
757.575
[Repealed by 1971 c.655 §250]
757.580
[Repealed by 1971 c.655 §250]
757.585
[Repealed by 1971 c.655 §250]
757.590 [Amended
by 1971 c.655 §48; renumbered 756.552]
757.595
[Repealed by 1971 c.655 §250]
DIRECT ACCESS REGULATION
757.600 Definitions for ORS 757.600 to
757.689. As used in ORS 757.600 to 757.689,
unless the context requires otherwise:
(1)
“Aggregate” means combining retail electricity consumers into a buying group
for the purchase of electricity and related services.
(2)
“Ancillary services” means services necessary or incidental to the transmission
and delivery of electricity from generating facilities to retail electricity
consumers, including but not limited to scheduling, load shaping, reactive
power, voltage control and energy balancing services.
(3)
“Commission” means the Public Utility Commission.
(4)
“Consumer-owned utility” means a municipal electric utility, a people’s utility
district or an electric cooperative.
(5)
“Default supplier” means an electricity service supplier or electric company
that has a legal obligation to provide electricity services to a consumer, as
determined by the commission.
(6)
“Direct access” means the ability of a retail electricity consumer to purchase
electricity and certain ancillary services, as determined by the commission for
an electric company or the governing body of a consumer-owned utility, directly
from an entity other than the distribution utility.
(7)
“Direct service industrial consumer” means an end user of electricity that
obtains electricity directly from the transmission grid and not through a
distribution utility.
(8)
“Distribution” means the delivery of electricity to retail electricity
consumers through a distribution system consisting of local area power poles,
transformers, conductors, meters, substations and other equipment.
(9)
“Distribution utility” means an electric utility that owns and operates a
distribution system connecting the transmission grid to the retail electricity
consumer.
(10)
“Economic utility investment” means all electric company investments, including
plants and equipment and contractual or other legal obligations, properly dedicated
to generation or conservation, that were prudent at the time the obligations
were assumed but the full benefits of which are no longer available to
consumers as a direct result of ORS 757.600 to 757.667, absent transition
credits. “Economic utility investment” does not include costs or expenses
disallowed by the commission in a prudence review or other proceeding, to the
extent of such disallowance, and does not include fines or penalties authorized
and imposed under state or federal law.
(11)
“Electric company” means an entity engaged in the business of distributing
electricity to retail electricity consumers in this state, but does not include
a consumer-owned utility.
(12)
“Electric cooperative” means an electric cooperative corporation organized
under ORS chapter 62 or under the laws of another state if the service
territory of the electric cooperative includes a portion of this state.
(13)
“Electric utility” means an electric company or consumer-owned utility that is
engaged in the business of distributing electricity to retail electricity
consumers in this state.
(14)
“Electricity” means electric energy, measured in kilowatt-hours, or electric
capacity, measured in kilowatts, or both.
(15)
“Electricity services” means electricity distribution, transmission, generation
or generation-related services.
(16)
“Electricity service supplier” means a person or entity that offers to sell
electricity services available pursuant to direct access to more than one
retail electricity consumer. “Electricity service supplier” does not include an
electric utility selling electricity to retail electricity consumers in its own
service territory.
(17)
“Governing body” means the board of directors or the commissioners of an
electric cooperative or people’s utility district, or the council or board of a
city with respect to a municipal electric utility.
(18)
“Load” means the amount of electricity delivered to or required by a retail
electricity consumer at a specific point of delivery.
(19)
“Low-income weatherization” means repairs, weatherization and installation of
energy efficient appliances and fixtures for low-income residences for the
purpose of enhancing energy efficiency.
(20)
“Municipal electric utility” means an electric distribution utility owned and
operated by or on behalf of a city.
(21)
“New renewable energy resource” means a renewable energy resource project, or a
new addition to an existing renewable energy resource project, or the
electricity produced by the project, that is not in operation on July 23, 1999.
“New renewable energy resource” does not include any portion of a renewable
energy resource project under contract to the Bonneville Power Administration
on or before July 23, 1999.
(22)
“One average megawatt” means 8,760,000 kilowatt-hours of electricity per year.
(23)
“People’s utility district” has the meaning given that term in ORS 261.010.
(24)
“Portfolio access” means the ability of a retail electricity consumer to choose
from a set of product and pricing options for electricity determined by the
governing board of a consumer-owned utility and may include product and pricing
options offered by the utility or by an electricity service supplier.
(25)
“Power generation company” means a company engaged in the production and sale
of electricity to wholesale customers, including but not limited to independent
power producers, affiliated generation companies, municipal and state
authorities, provided the company is not regulated by the commission.
(26)
“Qualifying expenditures” means those expenditures for energy conservation
measures that have a simple payback period of not less than one year and not
more than 10 years, and expenditures for the above-market costs of new
renewable energy resources, provided that the State Department of Energy by
rule may establish a limit on the maximum above-market cost for renewable
energy that is allowed as a credit.
(27)
“Renewable energy resources” means:
(a)
Electricity generation facilities fueled by wind, waste, solar or geothermal
power or by low-emission nontoxic biomass based on solid organic fuels from
wood, forest and field residues.
(b)
Dedicated energy crops available on a renewable basis.
(c)
Landfill gas and digester gas.
(d)
Hydroelectric facilities located outside protected areas as defined by federal
law in effect on July 23, 1999.
(28)
“Residential electricity consumer” means an electricity consumer who resides at
a dwelling primarily used for residential purposes. “Residential electricity
consumer” does not include retail electricity consumers in a dwelling typically
used for residency periods of less than 30 days, including hotels, motels,
camps, lodges and clubs. As used in this subsection, “dwelling” includes but is
not limited to single family dwellings, separately metered apartments, adult
foster homes, manufactured dwellings, recreational vehicles and floating homes.
(29)
“Retail electricity consumer” means the end user of electricity for specific
purposes such as heating, lighting or operating equipment, and includes all end
users of electricity served through the distribution system of an electric
utility on or after July 23, 1999, whether or not each end user purchases the
electricity from the electric utility.
(30)
“Site” means a single contiguous area of land containing buildings or other
structures that are separated by not more than 1,000 feet, or buildings and
related structures that are interconnected by facilities owned by a single
retail electricity consumer and that are served through a single electric
meter.
(31)
“Transition charge” means a charge or fee that recovers all or a portion of an
uneconomic utility investment.
(32)
“Transition credit” means a credit that returns to consumers all or a portion
of the benefits from an economic utility investment.
(33)
“Transmission facility” means the plant and equipment used to transmit
electricity in interstate commerce.
(34)
“Undue market power” means the unfair or improper exercise of influence to
increase or decrease the availability or price of a service or product in a
manner inconsistent with competitive markets.
(35)
“Uneconomic utility investment” means all electric company investments,
including plants and equipment and contractual or other legal obligations,
properly dedicated to generation, conservation and workforce commitments, that
were prudent at the time the obligations were assumed but the full costs of
which are no longer recoverable as a direct result of ORS 757.600 to 757.667,
absent transition charges. “Uneconomic utility investment” does not include
costs or expenses disallowed by the commission in a prudence review or other
proceeding, to the extent of such disallowance, and does not include fines or
penalties as authorized by state or federal law. [1999 c.865 §1; 2001 c.134 §8;
2003 c.186 §75]
757.601 Implementation dates for direct
access and portfolio of rate options; exemption for certain small electric
companies. (1) All retail electricity consumers of
an electric company, other than residential electricity consumers, shall be
allowed direct access beginning on March 1, 2002. Retail electricity consumers
shall not be allowed direct access before that date.
(2)
Residential electricity consumers shall be allowed to purchase electricity from
among a portfolio of rate options as described in ORS 757.603 not later than
March 1, 2002.
(3)
ORS 757.600 to 757.691 do not apply to an electric company providing
electricity services to fewer than 25,000 consumers in this state unless the
electric company offers direct access to any of its retail electricity
consumers in this state or offers to sell electricity services available under
direct access to more than one retail electricity consumer of another electric
utility. [1999 c.865 §2; 2001 c.819 §1; 2003 c.14 §454]
Note:
757.601 was added to and made a part of ORS chapter 757 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
757.603 Electric company required to
provide cost-of-service rate option to all retail electricity consumers;
waiver; portfolio of rate options for residential consumers.
(1)(a) Except as provided in this subsection, on and after March 1, 2002, an
electric company shall provide all retail electricity consumers that are
connected to the electric company’s distribution system with a regulated,
cost-of-service rate option.
(b)
The Public Utility Commission by order may waive the requirement of paragraph
(a) of this subsection for any retail electricity consumer other than
residential electricity consumers and small commercial electricity consumers. A
waiver under this paragraph may not take effect before July 1, 2003. Before
ordering a waiver under this paragraph, the commission shall conduct such
studies as the commission deems necessary and provide notice and opportunity
for public comment and hearings. The commission may order a waiver under this
paragraph if the commission finds, based on an evidentiary record developed
through public comment and hearings, that a market exists in which retail electricity
consumers subject to the waiver are able to:
(A)
Purchase supplies of electricity adequate to meet the needs of the retail
electricity consumers;
(B)
Obtain multiple offers for electricity supplies within a reasonable period of
time;
(C)
Obtain reliable supplies of electricity; and
(D)
Purchase electricity at prices that are not unduly volatile and that are just
and reasonable.
(2)
Not later than March 1, 2002, each electric company shall provide each
residential electricity consumer that is connected to its distribution system a
portfolio of rate options. The portfolio shall include at least the following
options:
(a)
A rate that reflects significant new renewable energy resources; and
(b)
A market-based rate.
(3)(a)
The commission shall regulate the cost-of-service rate option under subsection
(1) of this section and the portfolio of rate options under subsection (2) of
this section. The commission shall reasonably ensure that the costs and risks
of serving each option are reflected in the rates for each option.
(b)
The commission may prohibit or otherwise limit the use of a cost-of-service
rate by retail electricity consumers who have been served through direct
access, and may limit switching among portfolio options and the cost-of-service
rate by residential electricity consumers. [1999 c.865 §4; 2001 c.819 §2]
757.605 [1961
c.691 §2; 1971 c.655 §97; renumbered 758.400]
757.606
[Formerly 758.040; renumbered 165.475]
757.607 Direct access conditions; cost
recovery. The Public Utility Commission shall
ensure that direct access programs offered by electric companies meet the
following conditions:
(1)
The provision of direct access to some retail electricity consumers must not
cause the unwarranted shifting of costs to other retail electricity consumers
of the electric company. The commission may, in establishing any rates and
charges under ORS 757.600 to 757.667, consider and mitigate the rate impact on
consumers from the reduction or elimination of subsidies in existing rate
structures.
(2)
The direct access, portfolio of rate options and cost-of-service rates may
include transition charges or transition credits that reasonably balance the
interests of retail electricity consumers and utility investors. The commission
may determine that full or partial recovery of the costs of uneconomic utility
investments, or full or partial pass-through of the benefits of economic
utility investments to retail electricity consumers, is in the public interest.
(3)
The commission shall allow recovery, through a transition charge, of any
otherwise unrecoverable costs arising from or related to an electric company’s
contractual or other legal obligations to the Bonneville Power Administration
under ORS 757.663, or arising from or related to a failure of the Bonneville
Power Administration to meet its contractual or other legal obligations to the
electric company, from those classes of consumers for which electric power was
purchased from the Bonneville Power Administration.
(4)
Notwithstanding ORS 757.355, the commission may allow a return on the
unamortized balance of an uneconomic utility investment or an economic utility
investment that is included in rates. [1999 c.865 §8]
757.609 Date for announcing prices for
electricity in subsequent calendar year; estimated prices.
(1) The Public Utility Commission shall set a date on which all electric
companies must announce prices that will be charged for electricity by the
companies in the subsequent calendar year. Retail electricity consumers who are
eligible for direct access must be allowed at least three business days after
the date set by the commission to elect whether to use direct access or to
purchase electricity from an electric company.
(2)
All electricity service suppliers and electric companies must announce
estimated prices that will be charged for electricity by the suppliers and
companies in the subsequent calendar year or contract period at least five days
before the date set by the commission under subsection (1) of this section. [2003
c.478 §2]
Note:
757.609 was added to and made a part of 757.600 to 757.689 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
757.610 [1961
c.691 §18; renumbered 758.405]
757.611
[Formerly 758.050; renumbered 165.480]
757.612 Requirements for public purpose
expenditures; electric bill payment assistance charge; rules.
(1) There is established an annual public purpose expenditure standard for
electric companies and Oregon Community Power to fund new cost-effective local
energy conservation, new market transformation efforts, the above-market costs
of new renewable energy resources and new low-income weatherization. The public
purpose expenditure standard shall be funded by the public purpose charge
described in subsection (2) of this section.
(2)(a)
Beginning on the date an electric company or Oregon Community Power offers
direct access to its retail electricity consumers, except residential
electricity consumers, the electric company or Oregon Community Power shall
collect a public purpose charge from all of the retail electricity consumers
located within its service area until January 1, 2026. Except as provided in
paragraph (b) of this subsection, the public purpose charge shall be equal to
three percent of the total revenues collected by the electric company, Oregon
Community Power or the electricity service supplier from its retail electricity
consumers for electricity services, distribution, ancillary services, metering
and billing, transition charges and other types of costs included in electric
rates on July 23, 1999.
(b)
For an aluminum plant that averages more than 100 average megawatts of
electricity use per year, beginning on March 1, 2002, the electric company or
Oregon Community Power whose territory abuts the greatest percentage of the
site of the aluminum plant shall collect from the aluminum company a public
purpose charge equal to one percent of the total revenue from the sale of
electricity services to the aluminum plant from any source.
(3)(a)
The Public Utility Commission shall establish rules implementing the provisions
of this section relating to electric companies and Oregon Community Power.
(b)
Subject to paragraph (e) of this subsection, funds collected by an electric
company or Oregon Community Power through public purpose charges shall be
allocated as follows:
(A)
Sixty-three percent for new cost-effective conservation, new market
transformation.
(B)
Nineteen percent for the above-market costs of constructing and operating new
renewable energy resources with a nominal electric generating capacity, as
defined in ORS 469.300, of 20 megawatts or less.
(C)
Thirteen percent for new low-income weatherization.
(D)
Five percent shall be transferred to the Housing and Community Services
Department Electricity Public Purpose Charge Fund established by ORS 456.587
(1) and used for the purpose of providing grants as described in ORS 458.625
(2).
(c)
The costs of administering subsections (1) to (6) of this section for an
electric company or Oregon Community Power shall be paid out of the funds
collected through public purpose charges. The commission may require that an
electric company or Oregon Community Power direct funds collected through
public purpose charges to the state agencies responsible for implementing
subsections (1) to (6) of this section in order to pay the costs of
administering such responsibilities.
(d)
The commission shall direct the manner in which public purpose charges are
collected and spent by an electric company or Oregon Community Power and may
require an electric company or Oregon Community Power to expend funds through
competitive bids or other means designed to encourage competition, except that
funds dedicated for low-income weatherization shall be directed to the Housing
and Community Services Department as provided in subsection (7) of this
section. The commission may also direct that funds collected by an electric
company or Oregon Community Power through public purpose charges be paid to a
nongovernmental entity for investment in public purposes described in
subsection (1) of this section. Notwithstanding any other provision of this
subsection:
(A)
At least 80 percent of the funds allocated for conservation shall be spent
within the service area of the electric company that collected the funds; or
(B)
If Oregon Community Power collected the funds, at least 80 percent of the funds
allocated for conservation shall be spent within the service area of Oregon
Community Power.
(e)(A)
The first 10 percent of the funds collected annually by an electric company or
Oregon Community Power under subsection (2) of this section shall be
distributed to school districts that are located in the service territory of
the electric company or Oregon Community Power. The funds shall be distributed
to individual school districts according to the weighted average daily
membership (ADMw) of each school district for the prior fiscal year as
calculated under ORS 327.013. The commission shall establish by rule a
methodology for distributing a proportionate share of funds under this
paragraph to school districts that are only partially located in the service
territory of the electric company or Oregon Community Power.
(B)
A school district that receives funds under this paragraph shall use the funds
first to pay for energy audits for schools located within the school district.
A school district may not expend additional funds received under this paragraph
on a school facility until an energy audit has been completed for that school
facility. To the extent practicable, a school district shall coordinate with
the State Department of Energy and incorporate federal funding in complying
with this paragraph. Following completion of an energy audit for an individual
school, the school district may expend funds received under this paragraph to
implement the energy audit. Once an energy audit has been conducted and
completely implemented for each school within the school district, the school
district may expend funds received under this paragraph for any of the
following purposes:
(i)
Conducting energy audits. A school district shall conduct an energy audit prior
to expending funds on any other purpose authorized under this paragraph unless
the school district has performed an energy audit within the three years
immediately prior to receiving the funds.
(ii)
Weatherization and upgrading the energy efficiency of school district
facilities.
(iii)
Energy conservation education programs.
(iv)
Purchasing electricity from environmentally focused sources and investing in
renewable energy resources.
(f)
The commission may not establish a different public purpose charge than the
public purpose charge described in subsection (2) of this section.
(g)
If the commission directs funds collected through public purpose charges to a
nongovernmental entity, the entity shall:
(A)
Include on the entity’s board of directors an ex officio member designated by
the commission, who shall also serve on the entity’s nominating committee for
filling board vacancies.
(B)
Require the entity’s officers and directors to provide an annual disclosure of
economic interest to be filed with the commission on or prior to April 15 of
each calendar year for public review in a form similar to the statement of economic
interest required for public officials under ORS 244.060.
(C)
Require the entity’s officers and directors to declare actual and potential
conflicts of interest at regular meetings of the entity’s governing body when
such conflicts arise, and require an officer or director to abstain from
participating in any discussion or vote on any item where that officer or
director has an actual conflict of interest. For the purposes of this
subparagraph, “actual conflict of interest” and “potential conflict of interest”
have the meanings given those terms in ORS 244.020.
(D)
Arrange for an independent auditor to audit the entity’s financial statements
annually, and direct the auditor to file an audit opinion with the commission
for public review.
(E)
File with the commission annually the entity’s budget, action plan and
quarterly and annual reports for public review.
(F)
At least once every five years, contract for an independent management
evaluation to review the entity’s operations, efficiency and effectiveness, and
direct the independent reviewer to file a report with the commission for public
review.
(h)
The commission may remove from the board of directors of a nongovernmental
entity an officer or director who fails to provide an annual disclosure of economic
interest or declare actual or potential conflict of interest, as described in
paragraph (g)(B) and (C) of this subsection, in connection with the allocation
or expenditure of funds collected through public purpose charges and directed
to the entity.
(4)(a)
An electric company that satisfies its obligations under this section shall
have no further obligation to invest in conservation, new market transformation
or new low-income weatherization or to provide a commercial energy conservation
services program and is not subject to ORS 469.631 to 469.645 and 469.860 to
469.900.
(b)
Oregon Community Power, for any period during which Oregon Community Power
collects a public purpose charge under subsection (2) of this section:
(A)
Shall have no other obligation to invest in conservation, new market
transformation or new low-income weatherization or to provide a commercial
energy conservation services program; and
(B)
Is not subject to ORS 469.631 to 469.645 and 469.860 to 469.900.
(5)(a)
A retail electricity consumer that uses more than one average megawatt of
electricity at any site in the prior year shall receive a credit against public
purpose charges billed by an electric company or Oregon Community Power for
that site. The amount of the credit shall be equal to the total amount of
qualifying expenditures for new energy conservation, not to exceed 68 percent
of the annual public purpose charges, and the above-market costs of purchases
of new renewable energy resources incurred by the retail electricity consumer,
not to exceed 19 percent of the annual public purpose charges, less
administration costs incurred under this subsection. The credit may not exceed,
on an annual basis, the lesser of:
(A)
The amount of the retail electricity consumer’s qualifying expenditures; or
(B)
The portion of the public purpose charge billed to the retail electricity
consumer that is dedicated to new energy conservation, new market
transformation or the above-market costs of new renewable energy resources.
(b)
To obtain a credit under this subsection, a retail electricity consumer shall
file with the State Department of Energy a description of the proposed
conservation project or new renewable energy resource and a declaration that
the retail electricity consumer plans to incur the qualifying expenditure. The
State Department of Energy shall issue a notice of precertification within 30
days of receipt of the filing, if such filing is consistent with this
subsection. The credit may be taken after a retail electricity consumer
provides a letter from a certified public accountant to the State Department of
Energy verifying that the precertified qualifying expenditure has been made.
(c)
Credits earned by a retail electricity consumer as a result of qualifying
expenditures that are not used in one year may be carried forward for use in
subsequent years.
(d)(A)
A retail electricity consumer that uses more than one average megawatt of
electricity at any site in the prior year may request that the State Department
of Energy hire an independent auditor to assess the potential for conservation
investments at the site. If the independent auditor determines there is no
available conservation measure at the site that would have a simple payback of
one to 10 years, the retail electricity consumer shall be relieved of 54
percent of its payment obligation for public purpose charges related to the
site. If the independent auditor determines that there are potential
conservation measures available at the site, the retail electricity consumer shall
be entitled to a credit against public purpose charges related to the site
equal to 54 percent of the public purpose charges less the estimated cost of
available conservation measures.
(B)
A retail electricity consumer shall be entitled each year to the credit
described in this subsection unless a subsequent independent audit determines
that new conservation investment opportunities are available. The State
Department of Energy may require that a new independent audit be performed on
the site to determine whether new conservation measures are available, provided
that the independent audits shall occur no more than once every two years.
(C)
The retail electricity consumer shall pay the cost of the independent audits
described in this subsection.
(6)
Electric utilities and retail electricity consumers shall receive a fair and
reasonable credit for the public purpose expenditures of their energy
suppliers. The State Department of Energy shall adopt rules to determine
eligible expenditures and the methodology by which such credits are accounted
for and used. The rules also shall adopt methods to account for eligible public
purpose expenditures made through consortia or collaborative projects.
(7)(a)
In addition to the public purpose charge provided under subsection (2) of this
section, an electric company or Oregon Community Power shall collect funds for
low-income electric bill payment assistance in an amount determined under
paragraph (b) of this subsection.
(b)
The commission shall establish the amount to be collected by each electric
company in calendar year 2008 from retail electricity consumers served by the
company, and the rates to be charged to retail electricity consumers served by
the company, so that the total anticipated collection for low-income electric
bill payment assistance by all electric companies in calendar year 2008 is $15
million. In calendar year 2009 and subsequent calendar years, the commission
may not change the rates established for retail electricity consumers, but the
total amount collected in a calendar year for low-income electric bill payment
assistance may vary based on electricity usage by retail electricity consumers
and changes in the number of retail electricity consumers in this state. In no
event shall a retail electricity consumer be required to pay more than $500 per
month per site for low-income electric bill payment assistance.
(c)
Funds collected by the low-income electric bill payment assistance charge shall
be paid into the Housing and Community Services Department Low-Income Electric
Bill Payment Assistance Fund established by ORS 456.587 (2). Moneys deposited
in the fund under this paragraph shall be used by the Housing and Community
Services Department for the purpose of funding low-income electric bill payment
assistance. The department’s cost of administering this subsection shall be
paid out of funds collected by the low-income electric bill payment assistance
charge. Moneys deposited in the fund under this paragraph shall be expended
solely for low-income electric bill payment assistance. Funds collected from an
electric company or Oregon Community Power shall be expended in the service
area of the electric company or Oregon Community Power from which the funds are
collected.
(d)(A)
The Housing and Community Services Department, in consultation with the
advisory committee on energy established by ORS 458.515, shall determine the
manner in which funds collected under this subsection will be allocated by the
department to energy assistance program providers for the purpose of providing
low-income bill payment and crisis assistance.
(B)
The department shall investigate and may implement alternative delivery models
specified by the advisory committee on energy, in consultation with electric
companies, to effectively reduce service disconnections and related costs to
retail electricity consumers and electric utilities.
(C)
Priority assistance shall be directed to low-income electricity consumers who
are in danger of having their electricity service disconnected.
(D)
The department shall maintain records and provide those records upon request to
an electric company, Oregon Community Power and the Citizens’ Utility Board
established under ORS chapter 774 on a quarterly basis. Records maintained must
include the numbers of low-income electricity consumers served, the average
amounts paid and the type of assistance provided. Electric companies and Oregon
Community Power shall, if requested, provide the department with aggregate data
relating to consumers served on a quarterly basis to support program
development.
(e)
Interest on moneys deposited in the Housing and Community Services Department
Low-Income Electric Bill Payment Assistance Fund established by ORS 456.587 (2)
may be used to provide bill payment and crisis assistance to electricity
consumers whose primary source of heat is not electricity.
(f)
Notwithstanding ORS 757.310, the commission may allow an electric company or
Oregon Community Power to provide reduced rates or other payment or crisis
assistance or low-income program assistance to a low-income household eligible
for assistance under the federal Low Income Home Energy Assistance Act of 1981,
as amended and in effect on July 23, 1999.
(8)
For purposes of this section, “retail electricity consumers” includes any
direct service industrial consumer that purchases electricity without
purchasing distribution services from the electric utility.
(9)
For purposes of this section, amounts collected by Oregon Community Power
through public purpose charges are not considered moneys received from electric
utility operations. [1999 c.865 §3; 2001 c.134 §9; 2001 c.819 §3; 2005 c.22 §506;
2007 c.217 §9; 2007 c.301 §27; 2007 c.807 §43a; 2007 c.837 §2a; 2009 c.813 §1;
2011 c.467 §10; 2011 c.566 §2]
Note:
Sections 3 and 4, chapter 566, Oregon Laws 2011, provide:
Sec. 3. (1)
Notwithstanding the $15 million limitation expressed in ORS 757.612 (7)(b), the
Public Utility Commission shall direct electric companies or Oregon Community
Power to collect a combined total of an additional $5 million per 12-month
period from residential electricity consumers for the low-income electric bill
payment assistance provided for in ORS 757.612 (7)(a) if the Housing and
Community Services Department requests an increase due to finding, in
consultation with the advisory committee on energy, that two or more of the
following events have occurred:
(a)
The unemployment rate in Oregon as determined by the Bureau of Labor Statistics
of the United States Department of Labor has exceeded 10 percent for at least
six months of the previous 12-month period.
(b)
The poverty rate in Oregon as determined by the United States Census Bureau has
exceeded 12 percent during the previous 12-month period.
(c)
The moneys allocated for the year under the federal Low Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.) are 75 percent or less of the
previous year’s allocation.
(d)
The number of households in Oregon receiving supplemental nutrition assistance
has exceeded 20 percent during the previous 12-month period.
(2)
The additional moneys collected pursuant to this section may not be collected
for more than:
(a)
Twelve months from the date that the Public Utility Commission directs the
electric companies or Oregon Community Power to make the collection, without an
additional finding by the Housing and Community Services Department, not less
than nine months after its initial finding under subsection (1) of this
section, that two or more of the events specified in subsection (1) of this section
have occurred; or
(b)
A total of 24 months. [2011 c.566 §3]
Sec. 4.
Section 3 of this 2011 Act is repealed on January 2, 2014. [2011 c.566 §4]
757.615 [1961
c.691 §§3,11; part renumbered 757.652; 1971 c.655 §98; renumbered 758.410]
757.616 [Formerly
758.060; renumbered 165.485]
757.617 Report to Legislative Assembly on
public purpose expenditures; independent nongovernmental entity to prepare
report; report on low-income bill assistance. (1)(a)
The Public Utility Commission and the State Department of Energy jointly shall
select an independent nongovernmental entity to prepare a biennial report to
the Legislative Assembly describing program spending and results for public
purpose requirements undertaken pursuant to ORS 757.612. The first report shall
be due on January 1, 2003.
(b)
The commission and the department jointly shall select an independent
nongovernmental entity to prepare a report to the Legislative Assembly
describing proposed modifications to public purpose requirements undertaken pursuant
to ORS 757.612. The report shall be due on January 1, 2007.
(c)
The commission and the department jointly shall select an independent
nongovernmental entity to prepare a report to the Legislative Assembly
recommending whether the public purpose funding requirements under ORS 757.612
should be renewed. The report shall be due on January 1, 2011.
(2)
The Housing and Community Services Department shall prepare a biennial report
to the Legislative Assembly describing program spending and needs for low-income
bill assistance. The first report shall be due on January 1, 2003. [1999 c.865 §3a]
757.620 [1961
c.691 §4; renumbered 758.415]
757.621
[Formerly 758.070; renumbered 165.490]
757.622 Commission to establish terms and
conditions for default electricity service to nonresidential consumers.
The Public Utility Commission shall establish the terms and conditions for
providing default electricity service for nonresidential electricity consumers
in an emergency. The commission also shall establish reasonable terms and
conditions for providing default service to a nonresidential electricity
consumer in circumstances when the consumer is receiving electricity services
through direct access and elects instead to receive such services through the
default service. The terms and conditions for default service established by
the commission shall provide for viable competition among electricity service
suppliers. [1999 c.865 §4a]
757.625 [1961
c.691 §5; renumbered 758.420]
757.626
[Formerly 758.080; renumbered 165.495]
757.627 Retail electricity consumers
eligible for direct access may aggregate electricity loads.
(1) An electric company shall permit retail electricity consumers that are
eligible for direct access to voluntarily aggregate their electricity loads.
(2)
A retail electricity consumer that is eligible for direct access may
voluntarily aggregate its electricity load with the electricity load of any
other retail electricity consumer that is eligible for direct access. [1999
c.865 §9]
757.629 Reciprocal sales to nonresidential
electricity consumers. An electric utility that sells
electricity, either directly or through a related party, to a nonresidential
electricity consumer of another electric utility in this state shall permit any
other electricity service supplier to sell electricity to nonresidential
electricity consumers of the electric utility. [1999 c.865 §11]
757.630 [1961
c.691 §6; renumbered 758.425]
757.631
[Formerly 758.090; renumbered 165.840]
757.632 Electricity service supplier’s
access to electric company’s distribution facilities.
Every electricity service supplier is authorized to use the distribution
facilities of an electric company on a nondiscriminatory basis after the retail
electricity consumers of the electricity service supplier are afforded direct
access pursuant to ORS 757.601. [1999 c.865 §7]
757.635 [1961
c.691 §7; renumbered 758.430]
757.636
[Formerly 758.100; renumbered 165.845]
757.637 Comparable access to transmission
and distribution facilities. To the extent
permissible under federal law, the Public Utility Commission shall ensure that
an electric company that offers direct access:
(1)
Provides electricity service suppliers and retail electricity consumers access
to its transmission facilities and distribution system comparable to that
provided for its own use; and
(2)
Provides electricity service suppliers and retail electricity consumers timely
access to information about its transmission facilities and distribution
system, metering and loads comparable to that provided to its own
nondistribution divisions, affiliates and related parties. [1999 c.865 §10]
757.640 [1961
c.691 §8; renumbered 758.435]
757.641
[Formerly 758.110; renumbered 165.850]
757.642 Unbundling electricity assets;
records. (1) Not later than March 1, 2002, an
electric company shall unbundle the costs of electricity services into power
generation, transmission, distribution and retail services.
(2)
Every electric company shall maintain separate accounting records for each component
of electricity service provided by the electric company to retail electricity
consumers. Accounts shall be maintained according to regulations issued by the
Federal Energy Regulatory Commission.
(3)
Unless required to provide a different accounting under federal requirements,
each electric company shall, to a reasonable level of detail, separately
identify and account for its costs of:
(a)
Generation;
(b)
Transmission services;
(c)
Distribution services;
(d)
Ancillary services;
(e)
Consumer service charges levied on retail electricity consumers, including but
not limited to metering and billing;
(f)
Investment in public purposes; and
(g)
State and local taxes paid by retail electricity consumers.
(4)
An electric company shall separately identify and account for the costs of any
additional components as the Public Utility Commission may require. [1999 c.865
§5; 2001 c.819 §4]
757.645 [1961
c.691 §9; renumbered 758.440]
757.646 Commission policies to eliminate
barriers to competitive retail market structures and rules to establish code of
conduct for electric companies; rules. (1) The
duties, functions and powers of the Public Utility Commission shall include
developing policies to eliminate barriers to the development of a competitive
retail market structure. The policies shall be designed to mitigate the
vertical and horizontal market power of incumbent electric companies, prohibit
preferential treatment, or the appearance of such treatment, of generation or
market affiliates and determine the electricity services likely to be
competitive. The commission may require an electric company acting as an
electricity service supplier do so through an affiliate.
(2)
The commission shall establish by rule a code of conduct for electric companies
and their affiliates to protect against market abuses and anticompetitive
practices. The code shall, at a minimum:
(a)
Require an electric company and any affiliate that shares the same name and
logo to disclose to all consumers the relationship between the company and
affiliate and to clarify that the affiliate is not the same as the electric
company and that in order to receive service from the company a consumer does
not have to purchase the services of the affiliate;
(b)
Prohibit preferential access by an electric company affiliate to confidential
consumer information;
(c)
Prohibit cross-subsidization between competitive operations and regulated
operations, including the use of electric company personnel and other
resources;
(d)
Prohibit joint marketing activities and exclusive referral arrangements between
an electric company and its affiliates;
(e)
Provide the commission with all necessary access to books and records;
(f)
Require electric companies to make regular compliance filings; and
(g)
Require fair treatment of all competitors by a distribution utility.
(3)
An electric company shall provide the commission access to all books and
records necessary for the commission to monitor the electric company and its
affiliate relationships. The commission shall require an electric company
biannually to file a report detailing compliance with this subsection. [1999
c.865 §6; 2001 c.683 §18]
757.649 Certification of electricity
service suppliers; safety standards for distribution systems; billing
requirements; rules. (1)(a) A person or other entity
shall not act as an electricity service supplier unless the person or entity is
certified by the Public Utility Commission. The commission, by rule, shall
establish standards for certification of persons or other entities as
electricity service suppliers in this state. The rules shall, at a minimum,
address:
(A)
The ability of the person or entity to meet the person’s or entity’s obligation
to provide electricity services pursuant to direct access; and
(B)
The ability of the person or entity to comply with applicable consumer
protection laws.
(b)
The commission may require an electricity service supplier to provide a bond or
other security.
(c)
The commission may establish a fee, not to exceed $500, for initial certification
and annual recertification of electricity service suppliers.
(d)
The commission, at any time, may revoke an electricity service supplier’s
certification for failure to comply with applicable statutes and rules.
(e)
The commission may require an electricity service supplier to provide
information necessary to ensure compliance with ORS 757.612. The commission
shall ensure the privacy of all information and the protection of any
proprietary information provided.
(2)
Every electric utility shall maintain the integrity of its transmission
facilities and distribution system and provide safe, reliable service to all
retail electricity consumers. Nothing in ORS 757.600 to 757.667 or 757.669 to
757.687 shall reduce or diminish the statutory or contractual obligations of
electric utilities to maintain the safety and reliability of their transmission
facilities and distribution system and other infrastructure and equipment used
to deliver electricity.
(3)
The commission for electric companies, or the governing body for other electric
utilities, shall adopt rules, ordinances, policies and service quality
standards designed to maintain a reliable, safe and efficient distribution
system. The commission shall regulate electrical safety regarding generation,
transmission, substation and distribution facilities for electric utilities and
other electrical system owners and operators as provided under ORS 757.035.
(4)
Every bill to a direct access retail electricity consumer from an electricity
service supplier shall contain at least:
(a)
The rate and amount due for each service or product that the retail electricity
consumer is purchasing and other price information necessary to facilitate
direct access, as determined by the commission;
(b)
The rates and amounts of state and local taxes or fees, if any, imposed on the
retail electricity consumer;
(c)
The amount of any public purpose charge or credit;
(d)
The amount of any transition charge or transition credit; and
(e)
Power source and environmental impact information necessary to ensure that all
consumers have useful, reliable and necessary information to exercise informed
choice, as determined by the commission.
(5)(a)
A retail electricity consumer of an electric company shall receive, upon
request, a separate bill from every individual electricity service supplier
that provides products or services to the retail electricity consumer. If a
retail electricity consumer of an electric company does not request separate
bills, or a consolidated bill from an electricity service supplier as provided
in paragraph (c) of this subsection, the electric company shall consolidate the
bills for all electricity services into a single statement, and electricity
service suppliers shall provide to the electric company the information
necessary to prepare a consolidated statement.
(b)
The requirement for bill consolidation by an electric company shall continue
through December 31, 2001, after which time the commission may waive the
requirement if the waiver results in effective billing procedures for retail
electricity consumers.
(c)
Upon the request of a retail electricity consumer of an electric company, an
electricity service supplier shall consolidate the bills for all electricity
services into a single statement, and electric utilities and other electricity
service suppliers shall provide to the billing electricity service supplier any
information necessary to prepare a consolidated statement.
(d)
For retail electricity consumers of an electric company, the commission shall
adopt by rule provisions relating to the failure of a consumer to make full
payment on a consolidated bill. The rules shall address collection of payments,
service disconnection and reconnection, and the allocation of costs associated
with collection, disconnection and reconnection. A distribution utility shall
be solely responsible for actual disconnection and reconnection. [1999 c.865 §14]
757.650 [1961
c.691 §10; renumbered 758.445]
757.652
[Formerly part of 757.615; 1965 c.242 §1; renumbered 758.450]
757.654 Commission authority to
investigate allegations of undue market influence.
Upon receiving a complaint, or on its own motion, the Public Utility Commission
is authorized to investigate, as provided under ORS 756.515, whether any
electric company that is an electricity service supplier has exercised undue
market power with respect to the sale or distribution of electricity services.
The commission may take such action as authorized by law to mitigate an
exercise of undue market power. [1999 c.865 §12]
757.655 [1961
c.691 §13; renumbered 758.455]
757.656 Failure to comply with ORS 757.600
to 757.667; cause of action. Any claim
that an electric company has failed to comply with ORS 757.600 to 757.667 shall
be filed as a complaint with the Public Utility Commission pursuant to ORS
756.500. After reasonable notice to the electric company and exhausting all
available remedies before the commission, any person injured by an electric
company’s failure to comply with any provision of ORS 757.600 to 757.667 may
file an action in the circuit court for the county where the electric company
has its principal business office in this state for an order requiring
compliance with ORS 757.600 to 757.667. [1999 c.865 §13]
757.659 Commission rules; contents.
According to the applicable provisions of ORS 756.060 and ORS chapter 183, the
Public Utility Commission shall adopt such rules as are necessary to implement
ORS 757.600 to 757.667. Rules adopted by the commission shall address at least
the following:
(1)
Requirements and methodologies for each electric company to provide unbundled
rates and services pursuant to ORS 757.642.
(2)
Requirements for each electric company allowing aggregation of electricity
loads pursuant to ORS 757.627, which may include aggregation of demand for
other services available under direct access.
(3)
Requirements for consumer protection. Consumer protection rules adopted by the
commission that relate to electricity service suppliers shall be applicable
throughout this state and shall, at a minimum, contain provisions for the
disclosure of price, power source and environmental impact in contract offers
and marketing information.
(4)
Market valuation methodologies for determining the amount and recovery of the
costs of uneconomic utility investment and the amount of and credit for
economic utility investment.
(5)
Requirements for each electric company to offer a portfolio of rate options
under ORS 757.603.
(6)
The method of determining a default supplier for those consumers who are not
eligible to participate in a portfolio program under ORS 757.603 in a manner
that provides for viable competition among electricity service suppliers and
among power generation companies. The commission may condition the use of a
default service option by requiring reasonable notice and commitment from a
consumer who intends to use the default service option in nonemergency
situations.
(7)
Requirements for market structure described in ORS 757.646.
(8)
Requirements for public purpose charges and credits under ORS 757.612.
(9)
Requirements for meters, metering services, billing and collection services,
and customer response functions. [1999 c.865 §15; 2001 c.683 §19]
757.660 Use of arbitration to resolve
disputes relating to valuation of electric company investments; rules.
(1) In adopting market valuation methodologies under ORS 757.659 (4), the
Public Utility Commission may provide for use of arbitration to resolve
disputes relating to valuation of electric company investments.
(2)
The commission shall adopt rules for the following purposes:
(a)
Establishing the process for selecting an arbitrator under this section.
(b)
Establishing the type, scope and subject matter of arbitrations under this
section, and the procedure for conducting those arbitrations.
(c)
Establishing standards for the decision of an arbitrator under this section.
(d)
Governing who may be a party to an arbitration under this section.
(3)(a)
An arbitrator selected under rules adopted pursuant to subsection (2) of this
section must be experienced in valuing generating resources and may not have
any material conflict of interest in the result of the arbitration.
(b)
Any party to the arbitration may challenge the selection of an arbitrator by
direct petition to the commission. The commission’s review of the selection
shall be limited to allegations of bias and lack of qualifications. The
commission shall hold a hearing within 10 days after the filing of a petition,
and the commission shall issue a final decision within 10 days after the
hearing. The commission may require selection of a different arbitrator.
(4)
The arbitrator shall control the time, manner and place of the arbitration,
subject to any limitations established by commission rule.
(5)
An arbitrator acts on behalf of the commission in performing duties and powers
under this section and under rules adopted by the commission pursuant to this
section. Nothing in this section shall be construed to grant any rights or
privileges to an arbitrator that are otherwise afforded to persons employed by
the state.
(6)
The commission shall enforce an arbitration decision made pursuant to this
section, unless any party to the arbitration files written exceptions with the
commission for any of the following causes:
(a)
The decision was procured by corruption, fraud or undue means;
(b)
There was evident partiality or corruption on the part of the arbitrator;
(c)
The arbitrator exceeded the arbitrator’s powers, or so imperfectly executed the
arbitrator’s powers that the rights of the party were substantially prejudiced;
(d)
There was an evident material miscalculation of figures or an evident material
mistake in the description of any thing or property referred to in the
decision; or
(e)
The decision was based on an erroneous interpretation of a statute, rule or
other law.
(7)
If, after a hearing on the exceptions filed as provided in subsection (6) of
this section, it appears to the commission that the decision should be set
aside or modified, the commission may by order refer the decision back to the
arbitrator with proper instructions for correction or rehearing.
(8)
A commission order or decision under this section may not be appealed until
after the commission issues a final order adopting the arbitration decision. [2001
c.134 §1a; 2005 c.22 §507; 2005 c.638 §10]
Note:
757.660 was added to and made a part of 757.600 to 757.689 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
757.661 Commission authority to require
filing. The Public Utility Commission may
require an electric company to make any filings under this chapter that the
commission determines necessary to implement ORS 757.600 to 757.667. [1999
c.865 §20]
757.663 Commission authority to require
electric company to enter into contracts with Bonneville Power Administration.
In order to preserve the benefits of federal low-cost power for residential and
small-farm consumers of electric utilities, the Public Utility Commission may
require an electric company to enter into contracts with the Bonneville Power
Administration for the purpose of securing such benefits. The contracts shall
be subject to approval by the commission. In reviewing a contract, the
commission, at a minimum, shall consider:
(1)
The short-term expected cost of electric power from the Bonneville Power
Administration compared to market-priced alternatives;
(2)
The long-term benefit of retaining the rights to purchase electric power from
the Bonneville Power Administration at cost, compared to market-priced
alternatives; and
(3)
Other factors deemed relevant by the commission. [1999 c.865 §19]
757.665 Limitation on installing, servicing
electric meters. Electric meter installation,
testing and maintenance shall be performed only by a distribution utility. [1999
c.865 §15a]
757.667 City authority over rights of way.
Nothing in ORS 757.600 to 757.667 shall diminish, or authorize regulations that
diminish, a city’s authority to control the use of its rights of way and to
collect license fees, privilege taxes, rent or other charges for the use of the
city’s rights of way. [1999 c.865 §17]
757.669 Policy regarding consumer-owned
electric utilities. The Legislative Assembly
declares that it is the policy of the State of Oregon regarding consumer-owned
utilities to:
(1)
Preserve and enhance the ability of community-based, consumer-owned utilities
to provide reliable electric power to their consumers;
(2)
Recognize that communities served by consumer-owned utilities located in
various parts of the State of Oregon may differ in their needs and desires
concerning the provision of electricity and related products and services;
(3)
Preserve and enhance the ability of consumer-owned utilities and their elected
governing bodies to respond to their consumers’ needs and desires;
(4)
Retain local control over consumer-owned utilities that provide or distribute
electricity to retail electricity consumers;
(5)
Preserve, clarify and, as provided herein, enhance the rights and authorities
of consumer-owned utilities and their governing bodies; and
(6)
Preserve the existing exclusive distribution rights of electric utilities as
and to the extent such rights exist under current law. [1999 c.865 §22]
757.670 [1961
c.691 §14; renumbered 758.460]
757.672 Application of ORS 757.603 to
757.667 to consumer-owned electric utility; reciprocal electricity sales.
(1) Nothing in ORS 757.603 to 757.667 is intended to limit or restrict the
rights and authority of a consumer-owned utility, or to subject a
consumer-owned utility to the regulatory authority of the Public Utility
Commission not otherwise provided by law. ORS 757.603 to 757.667 shall not
apply to a consumer-owned utility.
(2)
Notwithstanding subsection (1) of this section, a consumer-owned utility that
sells electricity, either directly or through a related party, to a
nonresidential electricity consumer of another electric utility in this state,
shall permit any other electricity service supplier to sell electricity to the
consumer-owned utility’s nonresidential electricity consumers whose electricity
use, measured in average megawatts per year, is equal to or greater than the
use of the nonresidential electricity consumer of the other electric utility.
Such consumer-owned utility shall be subject to ORS 757.649 (1) to (4) and
rules adopted thereunder. [1999 c.865 §23]
757.675 [1961
c.691 §12; 1971 c.655 §99; renumbered 758.465]
757.676 Consumer-owned utility authorized
to offer direct, portfolio or other forms of access to electricity services.
The governing body of a consumer-owned utility is authorized to determine
whether and under what terms and conditions it will offer its retail
electricity consumers direct access, portfolio access or other forms of access
to electric service suppliers. In making such determination, the governing body
of a consumer-owned utility shall consider such factors as it deems
appropriate. A consumer-owned utility shall have sole authority to determine:
(1)
The quality and nature of electric service, including but not limited to
different product and pricing options, which shall be made available to its
retail electricity consumers.
(2)
The extent to which products and services will be unbundled and the rates,
tariffs, terms and conditions on which they may be offered.
(3)
Whether one or more pilot programs for direct access, portfolio access or other
forms of access to alternative suppliers will be offered.
(4)
Notwithstanding ORS 757.600 (10) and (35), what constitutes an economic or
uneconomic utility investment, the value of such investments and, in the case
of uneconomic utility investments, the manner and means of mitigating such
investments.
(5)
Whether and on what basis a transition charge will be adopted, assessed and
collected from a retail electricity consumer located within the utility’s
service territory, including but not limited to a nonbypassable distribution
charge, the amount and period of recovery for the charges, the allocation of
the charges among retail electricity consumers located within the utility’s
service territory and the method of collecting such charges including but not
limited to whether to impose a nonbypassable distribution charge.
(6)
The manner of collecting stranded distribution charges, systems benefit
charges, franchise fees, taxes and payments made in lieu of taxes from retail
electricity consumers located within the utility’s service territory for
electric power transactions using transmission facilities, whether or not such
transactions use distribution facilities. The governing body may assign charges
on the basis of usage, demand or any combination or method it finds
appropriate. Charges need not be assigned to specific facilities.
(7)
The collection from retail electricity consumers located within the utility’s
service territory through rates, fees or charges, including the imposition of a
nonbypassable distribution charge, in amounts sufficient to recover 100 percent
of stranded costs imposed by, or incurred pursuant to the purchase of
cost-based electric power from, the Bonneville Power Administration. Such
stranded cost charges may include the difference in cost associated with
purchasing electric power from the Bonneville Power Administration and the cost
of purchasing a like and similar amount of electric power at market prices.
(8)
The establishment of technical capability requirements, financial
responsibility requirements and other protections for retail electricity
consumers located within the utility’s service territory and the consumer-owned
utility in dealings with electric service suppliers.
(9)
Access to or use of the utility’s transmission facilities or distribution
system by retail electricity consumers or electric service suppliers.
(10)
The utility’s qualification standards for energy service suppliers in addition
to any certification standards established by the Public Utility Commission,
provided that the qualification standards are uniformly applied to electricity
service providers in a nondiscriminatory manner. [1999 c.865 §24; 2003 c.186 §80]
757.679 Net billing agreements.
(1) Nothing in ORS 757.669 to 757.687 is intended to impair the rights or
obligations of any party to net billing agreements. Notwithstanding any other
provision of ORS 757.600 to 757.667, 757.676 and 757.687, and in the event a
participating utility is required to make payments pursuant to a net billing
agreement, the governing body of a participating utility may levy a rate, fee
or charge, including a nonbypassable distribution system access charge against
retail electricity consumers located within the utility’s service territory, to
meet its obligations.
(2)
As used in this section:
(a)
“EWEB” means the City of Eugene, Oregon, acting by and through the Eugene Water
and Electric Board.
(b)
“Net billing agreements” means those certain agreements that provide for the
payment, through net billing of costs of certain nuclear power projects,
including the payment of bonds, notes or other evidences of indebtedness issued
by EWEB and by the supply system, respectively, to pay such project costs
entered into prior to July 23, 1999:
(A)
Between the administrator of the Bonneville Power Administration and EWEB;
(B)
Among a participating utility, the administrator of the Bonneville Power
Administration and EWEB; or
(C)
Among a participating utility, the administrator of the Bonneville Power
Administration and the supply system.
(c)
“Participating utility” means a consumer-owned utility established by, or
organized and existing under, the Oregon Constitution and laws of the State of
Oregon, and that is a party to a net billing agreement.
(d)
“Supply system” means the Washington Public Power Supply System, a municipal
corporation or joint power agency organized and existing under and pursuant to
the laws of the State of Washington. [1999 c.865 §25]
757.680 [1961
c.691 §15; renumbered 758.470]
757.683 Consumer-owned utility’s
distribution rights and control over distribution system.
Notwithstanding the provisions of ORS 757.600 to 757.667, a consumer-owned
utility shall have exclusive distribution rights, to the extent such rights are
provided by law, and exclusive responsibility for the performance and oversight
of its distribution system including the acquisition, construction, financing,
operation and maintenance of distribution facilities and metering, billing,
collection and consumer response functions relating to the distribution of
electricity to retail electricity consumers located within the utility’s
service territory. Nothing in this section shall diminish or enlarge the rights
of any person under ORS 758.400 to 758.475. [1999 c.865 §26]
757.685 [1961
c.691 §16; 1965 c.242 §2; 1971 c.655 §99a; renumbered 758.475]
757.687 Consumer-owned utility offering
direct access; public purpose charge; bill assistance program.
(1) Beginning on the date a consumer-owned utility provides direct access to
any class of retail electric consumers, the consumer-owned utility shall
collect from that consumer class a nonbypassable public purpose charge until
January 1, 2026. Except as provided in subsection (8) of this section, the
amount of the public purpose charge shall be sufficient to produce revenue of
not less than three percent of the total revenue collected by the
consumer-owned utility from its retail electricity consumers for electricity
services, distribution, ancillary services, metering and billing, transition
charges and any other costs included in rates as of July 23, 1999, except that
the consumer-owned utility may exclude from the calculation of such costs any
cost related to the public purposes described in subsection (5) of this
section. If a consumer-owned utility has fewer than 17 consumers per mile of
distribution line, the amount of the public purpose charge shall be sufficient
to produce revenue not less than three percent of the total revenue from the
sale of electricity services in the utility’s service area to the consumer
class that is provided direct access, or the utility’s consumer class
percentage share of state total electricity sales multiplied by three percent
of total statewide retail electric revenue, whichever is less.
(2)
Except as provided in subsection (9) of this section, the governing body of a
consumer-owned utility shall determine the manner of collecting and expending
funds for public purposes required by law to be assessed against and paid by
the retail electric consumers of the utility. A determination by the governing
body shall include:
(a)
The manner for collecting public purpose charges;
(b)
Public purpose programs upon which revenue from the charges may be expended;
and
(c)
The allocation of expenditures for each program.
(3)
Beginning on the same date two years after July 23, 1999, a consumer-owned
utility shall report annually to the State Department of Energy created under
ORS 469.030 on the public purpose charges paid to the utility by its retail
electric consumers and the public purposes on which the revenue was expended.
(4)
A consumer-owned utility may comply with the public purpose requirements of
this section by participating in collaborative efforts with other
consumer-owned utilities located in this state.
(5)
Funds assessed and paid by, and credits or other financial assistance issued or
extended to, retail electric consumers for purposes of this section may, in the
discretion of the governing body of the consumer-owned utility, be expended to
fund programs for energy conservation, renewable resources or low-income energy
services otherwise required by the laws of this state, adopted by the governing
body pursuant to the National Energy Conservation Policy Act (Public Law
95-619, as amended November 10, 1981), or conducted by the utility pursuant to
agreement with the Bonneville Power Administration under the Pacific Northwest
Electric Power Planning and Conservation Act (Public Law 96-501). All such
funds expended, credits issued and incremental costs incurred in connection
with the performance of a consumer-owned utility’s obligations under this
section shall be credited toward the utility’s public purpose funding obligation
under this section.
(6)
A consumer-owned utility also may credit toward its funding obligations under
this section any incremental costs incurred by the utility for capital
expenditures made to reduce its distribution system energy losses, existing
biomass gas and waste to energy systems, existing hydroelectric generation
projects using fish attraction water, for new energy conservation and renewable
resource funding costs included in its wholesale power supplier’s charges and
for electric power generated by renewable or cogeneration resources pursuant to
requirements of the Public Utilities Regulatory Policy Act of 1978 (Public Law
95-617), to the extent that such costs exceed the average cost of the utility’s
other electric power resources.
(7)
A consumer-owned utility also may credit toward its public purpose funding
obligations under this section any costs incurred in complying with ORS 469.649
to 469.659.
(8)
Beginning on March 1, 2002, a consumer-owned utility whose territory abuts the
greatest percentage of the site of an aluminum plant that averages more than
100 megawatts of electricity use per year shall collect from the aluminum
company a public purpose charge equal to one percent of the total revenue from
the sale of electricity services to the aluminum plant from any source.
(9)(a)
A retail electricity consumer that uses more than one average megawatt of
electricity at any site in the prior year shall receive a credit against public
purpose charges billed by a consumer-owned utility for that site. The amount of
the credit shall be equal to the total amount of qualifying expenditures for
new energy conservation, not to exceed 68 percent of the annual public purpose
charges, and the above-market costs of purchases of new renewable energy resources
incurred by the retail electricity consumer, less administration costs incurred
under this subsection. The credit shall not exceed, on an annual basis, the
lesser of:
(A)
The amount of the retail electricity consumer’s qualifying expenditures; or
(B)
The portion of the public purpose charge billed to the retail electricity
consumer that is dedicated to new energy conservation, new market
transformation or the above-market costs of new renewable resources.
(b)
To obtain a credit under this subsection, a retail electricity consumer shall
file with the department a description of the proposed conservation project,
new market transformation or new renewable energy resource and a declaration
that the retail electricity consumer plans to incur the qualifying expenditure.
The department shall issue a notice of precertification within 30 days of
receipt of the filing, if such filing is consistent with this subsection.
Notice shall be issued to the retail electricity consumer and the appropriate
consumer-owned utility. The credit may be taken after a retail electricity
consumer provides a letter from a certified public accountant to the department
verifying that the precertified qualifying expenditure has been made.
(c)
Credits earned by a retail electricity consumer as a result of qualifying
expenditures that are not used in one year may be carried forward for use in
subsequent years.
(d)(A)
A retail electricity consumer that uses more than one average megawatt of
electricity at any site in the prior year may request that the department hire
an independent auditor to assess the potential for conservation measures at the
site. If the independent auditor determines there is no available conservation
measure at the site that would have a simple payback of one to 10 years, the
retail electricity consumer shall be relieved of 54 percent of its payment
obligation for public purpose charges related to the site. If the auditor
determines that there are potential conservation measures available at the
site, the retail electricity consumer shall be entitled to a credit against
public purpose charges related to the site equal to 54 percent of the public
purpose charges less the estimated cost of available conservation measures.
(B)
A retail electricity consumer shall be entitled each year to the credit
described in this paragraph unless a subsequent audit determines that new
conservation investment opportunities are available. The department may require
that a new audit be performed on the site to determine whether new conservation
measures are available, provided that the audits occur no more than once every
two years.
(C)
The retail electricity consumer shall pay the cost of the audits described in
this subsection.
(10)
A retail electricity consumer with a load greater than one average megawatt
shall not be required to pay a public purpose charge in excess of three percent
of the consumer’s total cost of electricity services unless the charge is
established in an agreement between the consumer and the consumer-owned utility.
(11)
Beginning on March 1, 2002, a consumer-owned utility shall have in operation a
bill assistance program for households that qualify for federal low-income
energy assistance in the consumer-owned utility’s service area. A
consumer-owned utility shall report annually to the Housing and Community
Services Department detailing the utility’s program and program expenditures.
(12)
A consumer-owned utility may require an electricity service supplier to provide
information necessary to ensure compliance with this section. The
consumer-owned utility shall ensure the privacy and protection of any
proprietary information provided. [1999 c.865 §27; 2001 c.819 §5; 2007 c.301 §29]
757.689 Recovery of costs of energy
conservation measures in rates of electric company.
(1) In addition to the public purpose charge established by ORS 757.612, the
Public Utility Commission may authorize an electric company to include in its
rates the costs of funding or implementing cost-effective energy conservation
measures implemented on or after June 6, 2007. The costs may include amounts
for weatherization programs that conserve energy.
(2)
The commission shall ensure that a retail electricity consumer with a load
greater than one average megawatt:
(a)
Is not required to pay an amount that is more than three percent of the
consumer’s total cost of electricity service for the public purpose charge
under ORS 757.612 and any amounts included in rates under this section; and
(b)
Does not receive any direct benefit from energy conservation measures if the
costs of the measures are included in rates under this section. [2007 c.301 §46]
757.690 [1961
c.691 §17; repealed by 1967 c.164 §4]
757.691 Applicability.
Nothing in ORS 757.669 to 757.687 is intended to affect administration and
enforcement of ORS 758.400 to 758.475 or to diminish or enlarge the rights of
any person under ORS 758.400 to 758.475. [1999 c.865 §28]
EMERGENCY CURTAILMENT OF ELECTRICITY OR
NATURAL OR MANUFACTURED GAS
757.710 Emergency curtailment plan required;
credits for weatherization or alternate energy devices.
(1) Any person, as defined in ORS 758.400, engaged in the sale or resale of
electricity or natural or synthetic gas in this state shall present for
approval by the Public Utility Commission a plan for curtailment of electrical
or gas load in the event of any predictable circumstance that may jeopardize
prolonged continuity of service. Utility plans shall be submitted in such form
and within such time limits as the commission shall specify.
(2)
Utility plans may provide for a credit against future curtailment for a
customer who has already accomplished a reduction in demand for the utility’s
service by installing an alternative energy device or by weatherization or
other installed conservation measures equivalent to the proposed level of
curtailment. Where the level of curtailment exceeds the demand reduction
produced, by the conservation measures or installed alternative energy device
of the customer, the utility plan may provide for credit against the level of
curtailment ordered to the extent of the demand reduction produced by the
conservation measure or alternate energy device.
(3)
The commission shall approve the feature of any plan concerning such credit
against curtailment to the extent of the demand reduction produced and shall
not penalize either the utility or the customer, in the event of a curtailment
order, under ORS 757.720 for the amount of reduced demand. [1973 c.309 §2; 1975
c.606 §10; 1979 c.355 §1]
757.720 Factors to be considered in
approving plan; authority to establish plan; consultation with State Department
of Energy. (1) Approval of utility plans for the
curtailment of load shall be based on the following factors:
(a)
The consistency of the plan with the public health, safety and welfare;
(b)
The technical feasibility of implementation of the plan;
(c)
The effectiveness with which the plan minimizes the impact of any curtailment;
and
(d)
Consistency with Oregon energy policies formulated under ORS 469.010 to
469.155, 469.300 to 469.563 and 757.710 and this section.
(2)
In the event of an emergency threatening the health, safety and welfare of the
general public, the Public Utility Commission may on the commission’s own
motion and without hearing establish a plan for the curtailment of load by any
person referred to in ORS 757.710. If an emergency is not present, the
commission shall prior to approval hold public hearings with respect to any
proposed plan and give reasonable notice of such hearings.
(3)
The commission shall consult with the Director of the State Department of
Energy before approving a plan. [1973 c.309 §3; 1975 c.606 §11; 2005 c.22 §508]
757.730 Liability when curtailment occurs.
A utility shall not be liable for damages to persons or property resulting from
a curtailment of service in accordance with a plan approved by the Public
Utility Commission. [1973 c.309 §4]
KLAMATH RIVER DAMS
757.732 Definitions.
As used in ORS 757.732 to 757.744:
(1)
“Agreement in principle” means the agreement signed November 13, 2008, by the
states of Oregon and California, by the United States Department of the
Interior and by PacifiCorp.
(2)
“Allocated share” means the portion of PacifiCorp’s costs assigned to this
state under the interjurisdictional cost allocation methodology used by the
Public Utility Commission for the purpose of establishing rates for PacifiCorp.
(3)
“Customers” means the Oregon retail electricity customers of PacifiCorp.
(4)
“Final agreement” means a successor agreement to the agreement in principle.
(5)
“Klamath River dam” means the J.C. Boyle Dam located in Oregon, the Copco 1 Dam
located in California, the Copco 2 Dam located in California or the Iron Gate
Dam located in California. [2009 c.690 §2]
757.734 Recovery of investment in Klamath
River dams. (1) Not more than six months after the
execution of a final agreement, the Public Utility Commission shall determine a
depreciation schedule under ORS 757.140 for each Klamath River dam based on the
assumption that the dam will be removed in 2020. The commission may change a
depreciation schedule determined under this section at any time if removal of a
dam will occur during a year other than 2020.
(2)
The commission shall use the depreciation schedules prepared under this section
to establish rates and tariffs for the recovery of Oregon’s allocated share of
undepreciated amounts prudently invested by PacifiCorp in a Klamath River dam.
Amounts recoverable under this section include, but are not limited to:
(a)
Return of investment and return on investment;
(b)
Capital improvements required by the United States or any state for continued
operation of the dam until dam removal;
(c)
Amounts spent by PacifiCorp in seeking relicensing of the dam before July 14,
2009;
(d)
Amounts spent by PacifiCorp for settlement of the issues of relicensing or
removal of the dam; and
(e)
Amounts spent by PacifiCorp for the decommissioning of the dam in anticipation
of the dam’s removal.
(3)
If any amount specified under subsection (2) of this section has not been recovered
by PacifiCorp before a dam is removed, the Public Utility Commission shall
allow recovery of that amount by PacifiCorp in PacifiCorp’s rates and tariffs.
The commission shall allow the recovery without an amortization schedule if the
impact of the recovery does not exceed one-half of one percent of PacifiCorp’s
annual revenue requirement. If the impact exceeds one-half of one percent of
PacifiCorp’s annual revenue requirement, the commission may establish an
amortization schedule that limits the annual impact to one-half of one percent
of PacifiCorp’s annual revenue requirement. [2009 c.690 §3]
757.736 Surcharges for funding costs of
removing Klamath River dams; judicial review. (1)
Not more than 30 days after the execution of a final agreement, PacifiCorp must
file a copy of the final agreement with the Public Utility Commission along
with full and complete copies of all analyses or studies that relate to the
rate-related costs, benefits and risks for customers of removing or relicensing
Klamath River dams and that were reviewed by PacifiCorp during the
decision-making process that led to PacifiCorp’s entering into the final
agreement.
(2)
PacifiCorp must include with the filing made under subsection (1) of this
section tariffs for the collection of two nonbypassable surcharges from its
customers for the purpose of paying the costs of removing Klamath River dams as
described in subsection (11) of this section. Notwithstanding the commission’s
findings and conclusions under subsection (4) of this section, the commission
shall require PacifiCorp to begin collecting the surcharges on the date that
the filing is made under subsection (1) of this section, or on January 1, 2010,
whichever is later, and PacifiCorp shall continue to collect the surcharges pending
a final decision on the commission’s order under subsection (4) of this
section. The surcharges imposed under this section shall be:
(a)
A surcharge for the costs of removing the J.C. Boyle Dam; and
(b)
A surcharge for the costs of removing the Copco 1 Dam, the Copco 2 Dam and the
Iron Gate Dam.
(3)
The surcharges imposed under this section may not exceed the amounts necessary
to fund Oregon’s share of the customer contribution of $200 million identified
in the agreement in principle. In addition, the total amount collected in a
calendar year under both surcharges may not exceed more than two percent of
PacifiCorp’s annual revenue requirement as determined in PacifiCorp’s last case
under ORS 757.210 decided by the commission before January 1, 2010.
(4)
Not more than six months after a filing is made under subsection (1) of this
section, the commission shall conduct a hearing under ORS 757.210 on the
surcharges imposed under this section, and shall enter an order setting forth
findings and conclusions as to whether the imposition of surcharges under the
terms of the final agreement results in rates that are fair, just and
reasonable.
(5)
Notwithstanding ORS 183.482 (1), jurisdiction for judicial review of any appeal
of an order entered under subsection (4) of this section is conferred on the
Supreme Court, and a person seeking judicial review of the order must file a
petition for review with the Supreme Court in the manner provided by ORS
183.482. ORS 183.482 (3) does not apply to an order entered under subsection
(4) of this section. If a petition for review is filed, the surcharges imposed
under the terms of the final agreement shall remain in effect pending a final
decision on the petition, but shall be refunded if the rates resulting from the
surcharges are finally determined not to be fair, just and reasonable. A
petition filed under this subsection must indicate on its face that the
petition is filed pursuant to this subsection.
(6)
The commission may not use any commercially sensitive information provided to
the commission in a filing made under subsection (1) of this section for any
purpose other than determining whether the imposition of surcharges under the
terms of the final agreement results in rates that are fair, just and
reasonable. Notwithstanding ORS 192.410 to 192.505, the commission may not
release commercially sensitive information provided to the commission under
this section, and shall require any person participating in a proceeding
relating to the surcharge to sign a protective order prepared by the commission
before allowing the participant to obtain and use the information.
(7)
The surcharges imposed under this section must be of a specified amount per
kilowatt hour billed to retail customers, as determined by the commission. The
amount of each surcharge shall be calculated based on a collection schedule
that will fund, by December 31, 2019, Oregon’s share of the customer
contribution of $200 million identified in the agreement in principle. To the
extent practicable, the commission shall set the surcharges so that total
annual collections of the surcharges remain approximately the same during the
collection period, and, when setting the rate for the surcharges, the
commission shall account for the actual and expected changes in energy usage
over the collection period and account for the actual and expected changes in
interest rates on the collected funds over the collection period. The
commission may change the collection schedule if a Klamath River dam will be
removed during a year other than 2020.
(8)
Except as provided in ORS 757.738 (2), all amounts collected under the
surcharges imposed under this section shall be paid into the appropriate trust
account established under ORS 757.738.
(9)
If the commission determines at any time that amounts have been collected under
this section in excess of those needed, or in excess of those allowed, the
commission must:
(a)
Direct the trustee of the appropriate trust account under ORS 757.738 to refund
these excess amounts to customers or to otherwise use these amounts for the
benefit of customers; or
(b)
Adjust future surcharge amounts as necessary to offset the excess amounts.
(10)
If one or more Klamath River dams will not be removed, the commission shall
direct PacifiCorp to terminate collection of all or part of the surcharges
imposed under this section. In addition, the commission shall direct the
trustee of the appropriate trust account under ORS 757.738 to apply any excess
balances in the accounts to Oregon’s allocated share of prudently incurred
costs to implement Federal Energy Regulatory Commission relicensing
requirements. If any excess amounts remain in the trust accounts after that
application, the Public Utility Commission shall order that the excess amounts
be refunded to customers or otherwise be used for the benefit of customers in
accordance with Public Utility Commission rules and policies.
(11)
For the purposes of subsection (2) of this section, “the costs of removing
Klamath River dams” includes costs of:
(a)
Physical removal of the dams;
(b)
Site remediation and restoration;
(c)
Avoiding downstream impacts of dam removal;
(d)
Downstream impacts of dam removal;
(e)
Permits that are required for the removal;
(f)
Removal and disposal of sediment, debris and other materials, if necessary; and
(g)
Compliance with environmental laws. [2009 c.690 §4; 2011 c.394 §1]
757.738 Surcharge trust accounts related
to removal of Klamath River dams. (1)(a) The
Public Utility Commission shall establish a separate trust account for amounts
generated by each of the two surcharges imposed under ORS 757.736. The
commission shall establish the trust accounts as interest-bearing accounts:
(A)
With an agency of the United States identified in the final agreement;
(B)
In a depository that is qualified under ORS 295.001 to 295.108 to receive
public funds; or
(C)
With the State Treasurer, to be invested as provided in ORS 293.701 to 293.820.
(b)
The commission may establish each of the two trust accounts with a different
trustee among those listed in paragraph (a) of this subsection.
(c)
The commission may authorize transfer of funds from one trust account to
another as necessary to fund removal of the Klamath River dams.
(2)
If an agreement is entered into under ORS 757.742 (2), the parties to the
agreement may agree that a portion of the amounts collected under one surcharge
may be deposited in the trust account established for amounts collected under
the other surcharge.
(3)
Upon request of an agency of the United States, or upon request of the designee
of an agency of the United States, the commission shall require the trustee of
the appropriate trust account established under this section to transfer to the
agency or designee the amounts that are necessary to pay the costs of removing
the Klamath River dams as described in ORS 757.736 (11).
(4)
If any amounts remain in a trust account established under this section after
the trustee makes all payments necessary for the costs of removing the Klamath
River dams as described in ORS 757.736 (11), the commission shall direct the
trustee of the account to refund those amounts to customers or to otherwise use
the excess amounts for the benefit of customers. [2009 c.690 §5; 2011 c.394 §2]
757.740 Recovery of other costs incurred
as result of changes in operation to or removal of Klamath River dams.
Pursuant to ORS 757.210, the Public Utility Commission shall allow PacifiCorp
to include in its rates and tariffs this state’s allocated share of any costs
that are prudently incurred by PacifiCorp from changes in operation of Klamath
River dams before removal of the dams, or that are prudently incurred for
replacement power after the dams are removed, that are not otherwise recovered
under ORS 757.734 and 757.736. [2009 c.690 §6]
757.742 Public Utility Commission
authorization to enter agreement with California related to cost apportionment
and trust fund. (1) The State of Oregon may
enter into an agreement with representatives of the State of California, either
as part of a final agreement or by separate agreement, that establishes each
state’s share of the customer contribution of $200 million identified in the
agreement in principle.
(2)
The Public Utility Commission may enter into an agreement with representatives
of the State of California to establish and administer the trust accounts
authorized under ORS 757.738 and to ensure that trust account moneys are
disbursed for dam removal costs that are necessary and appropriate. [2009 c.690
§7]
757.744 Disclaimers.
(1) ORS 757.732 to 757.744 do not authorize the expenditure of any public
moneys for removal of Klamath River dams.
(2)
ORS 757.732 to 757.744 do not create a cause of action against the State of
Oregon or against any of the officers, employees or agents of the state and may
not be used as the basis for an assertion of liability on the part of the State
of Oregon or of any officers, employees or agents of the state. [2009 c.690 §8]
HEALTH ENDANGERING TERMINATION OF
RESIDENTIAL UTILITY SERVICE
757.750 Legislative findings.
The Legislative Assembly finds that the termination of residential electric and
natural gas utility service can lead to the serious impairment of human health
and possibly to loss of life; therefore, the Legislative Assembly has enacted
ORS 757.750 to 757.760. [1979 c.868 §2; 1983 c.326 §1]