Chapter 757
NOTES OF DECISIONS
Under
regulatory scheme, Public Utility Commissioner has authority to promulgate rule
limiting telephone company’s liability for directory listing errors or
omissions. Garrison v. Pacific NW Bell, 45 Or App 523, 608 P2d 1206 (1980)
ATTY. GEN. OPINIONS: Authority of
Governor and Public Utility Commissioner to enter into binding agreements with
respect to uniform curtailment plans, (1977) Vol 38,
p 861
757.005
NOTES OF DECISIONS
Bonneville
Power Administration is not corporation, company, or individual within the
meaning paragraph (1)(a) of this section. State v. Cannon, 65 Or App 327, 671
P2d 761 (1983)
ATTY. GEN. OPINIONS: Public Utility
Commissioner’s jurisdiction over cable television companies, (1980) Vol 40, p 513
757.020
NOTES OF DECISIONS
Where
defendant-telephone company erroneously listed plaintiff-medical doctor as
doctor of osteopathy in directory, telephone company error did not violate “adequate
service” requirement of this section. Garrison v. Pacific NW Bell, 45 Or App
523, 608 P2d 1206 (1980)
If
defendant failed to perform statutory duty to provide “adequate service”,
plaintiff may recover under negligence, gross negligence or breach of contract
theory. Olson v. Pac. N.W. Bell, 65 Or App 422, 671 P2d 1185 (1983)
LAW REVIEW CITATIONS: 54 OLR 540 (1975)
757.056
ATTY. GEN. OPINIONS: Subsidized low
interest loans for weatherization, (1977) Vol 38, p
1156
757.063
NOTES OF DECISIONS
Association
that furnishes water to members is subject to regulation by Public Utility
Commission only after commission issues order finding that requisite number of
members petitioned for regulation. Crooked River Ranch Water Company v. Public
Utility Commission, 224 Or App 485, 198 P3d 967 (2008), Sup Ct review denied
757.105
NOTES OF DECISIONS
Presumption
that nonrejected budget expenses are just and
reasonable does not limit Public Utility Commissioner’s broader power to
disallow any type of expense in making rate determination. Pac. NW Bell Tel.
Co. v. Sabin, 21 Or App 200, 534 P2d 984 (1975), Sup Ct review denied;
Cascade Natural Gas Corp. v. Davis, 28 Or App 621, 560 P2d 301 (1977), Sup Ct review
denied
757.140
NOTES OF DECISIONS
“Undepreciated investment” refers to invested principal and
does not include foregone profit on investment. Citizens’ Utility Board v.
Public Utility Commission, 154 Or App 702, 962 P2d 744 (1998)
757.205 to 757.220
NOTES OF DECISIONS
Public
Utility Commissioner’s rule, which passed on utility expenses for payment of
county’s net business income tax to county ratepayers only, rather than to all
utility ratepayers, was valid because commissioner is granted both broad
regulatory authority over rates by ORS 756.040 and broad rulemaking authority
by ORS 756.060. Multnomah County v. Davis, 35 Or App 521, 581 P2d 968 (1978),
Sup Ct review denied
757.205
NOTES OF DECISIONS
Interconnection
agreement between telephone company and land mobile radio service, a
miscellaneous communications common carrier, was subject to tariff filing
requirements of this section, and was not preempted by federal jurisdiction.
Fields v. Davis, 31 Or App 607, 571 P2d 511 (1977) Sup Ct review denied
757.225
NOTES OF DECISIONS
When
public utility charged customer for equipment which was never installed, this section
was violated, but no violation was shown when it installed unnecessary trunk
lines and line which customer did not know about. Holman Transfer Co. v. Pac.
NW Bell Tel. Co., 287 Or 387, 599 P2d 1115 (1979)
Requirement
that utility charge, demand, collect or receive amount for service according to
printed rate schedule does not conclusively and permanently establish amount
charged, demanded, collected or received at printed rate as correct and
binding. Dreyer v. PGE, 341 Or 262, 142 P3d 1010 (2006)
757.310
NOTES OF DECISIONS
When
public utility charged customer for equipment which was never installed, this
section was violated, but no violation was shown when it installed unnecessary
trunk lines and line which customer did not know about. Holman Transfer Co. v.
Pac. NW Bell Tel. Co., 287 Or 387, 599 P2d 1115 (1979)
757.325
NOTES OF DECISIONS
Public
Utility Commissioner has power under this section to determine unwarranted rate
discrimination. Am. Can Co. v. Davis, 28 Or App 207, 559 P2d 898 (1977), Sup Ct
review denied
757.355
NOTES OF DECISIONS
“Presently
used for providing utility service” refers to current use and therefore
excludes both work in progress and retired property. Citizens’ Utility Board v.
Public Utility Commission, 154 Or App 702, 962 P2d 744 (1998)
757.495
NOTES OF DECISIONS
Approval
of contract between utility and “affiliated” manufacturer or of utility’s
annual budgets that included payments thereunder did
not “estop” commissioner from disallowing portion of
payments in determining “just and reasonable” rates. Pac. NW Bell Tel. Co. v.
Sabin, 21 Or App 200, 534 P2d 984 (1975), Sup Ct review denied
757.750 to 757.760
NOTES OF DECISIONS
Although
Public Utility Commissioner’s rule prohibiting termination of residential
electrical and natural gas service year around goes further than these
sections, it does not conflict with them. Isom v.
P.G.E, 67 Or App 97, 677 P2d 59 (1984), Sup Ct review denied
757.805
NOTES OF DECISIONS
Utility
company is not required to prove utility was liable to third party in order to
recover utility payment of third party damages from person or business entity
causing accident. PGE v. Jungwirth Logging, Inc., 151
Or App 789, 951 P2d 1101 (1997), Sup Ct review denied