2007 Oregon Code - Chapter 757 :: Chapter 757 - Utility Regulation Generally
Chapter 757 —
Utility Regulation Generally
2007 EDITION
UTILITY REGULATION GENERALLY
UTILITY REGULATION
GENERAL PROVISIONS
757.005Â Â Â Â Definitions
757.007Â Â Â Â Contract
and rate schedule filing for certain furnishers of heat exempt from regulation;
procedure
757.009Â Â Â Â Procedure
for reregulation of furnishers of heat
757.015    “Affiliated
interest” defined
757.020Â Â Â Â Duty
of utilities to furnish adequate and safe service at reasonable rates
757.035Â Â Â Â Adoption
of safety rules and regulations; enforcement
757.039Â Â Â Â Regulation
of hazardous substance distribution and storage operations; cooperation with
federal agencies; disclosure of reports and information
757.050Â Â Â Â Authority
of commission to order extension of service to unserved areas
757.056Â Â Â Â Information
on energy conservation to be furnished by certain utilities; rules
757.061Â Â Â Â Regulation
of water utilities; rules
757.063Â Â Â Â Regulation
of associations furnishing water upon petition
757.068Â Â Â Â Use
of fees to make emergency repairs to water service plants
757.069Â Â Â Â Notice
of delinquency on water bill
757.072Â Â Â Â Agreements
for financial assistance to organizations representing customer interests;
rules
BUDGET, ACCOUNTS AND REPORTS OF UTILITIES
757.105Â Â Â Â Filing
of budget; review by commission; pensions as operating expenses
757.107Â Â Â Â Supplemental
budgets and orders
757.110Â Â Â Â Effect
of budget orders
757.120Â Â Â Â Accounts
required
757.125Â Â Â Â Duty
of utility to keep records and accounts; duty of commission to furnish blanks
757.135Â Â Â Â Closing
accounts and filing balance sheet; auditing accounts
757.140Â Â Â Â Depreciation
accounts; use of certain undepreciated investment in rates
RATE SCHEDULES; MEASURING EQUIPMENT
757.205Â Â Â Â Filing
schedules with commission; data filed with schedules
757.210Â Â Â Â Hearing
to establish new schedules; alternative regulation plan
757.212Â Â Â Â Resource
rate plans; customers who may elect to be exempt; order approving plan; effect
of approving plan
757.215Â Â Â Â Commission
authorized to suspend new rates or order interim rates during hearings;
revenues collected under unapproved rates to be refunded; order after hearing
757.220Â Â Â Â Notice
of schedule changes required; exception for alternative regulation
757.225Â Â Â Â Utilities
required to collect for their services in accordance with schedules
757.227Â Â Â Â Rate
mitigation for certain electric company rate increases
757.230Â Â Â Â Control
of commission over classification of services and forms of schedules; rules
757.240Â Â Â Â Filing
schedules in business office
757.245Â Â Â Â Establishment
of joint rates
757.247Â Â Â Â Tariff
schedules for renewable energy generation facilities and energy conservation
757.250Â Â Â Â Standards
and appliances for measuring service; rules
757.255Â Â Â Â Testing
of measuring appliances; rules; fees
757.259Â Â Â Â Amounts
includable in rate schedule; deferral; limit in effect on rates by
amortization; rules
757.262Â Â Â Â Rates
to encourage acquisition of cost-effective conservation resources; rules
757.266Â Â Â Â Rates
may encourage tree planting programs as offset to carbon dioxide emissions
757.267Â Â Â Â Legislative
findings relating to inclusion of tax liabilities in rates
757.268Â Â Â Â Adjustments
to rates by reason of taxes paid by public utility
ATTACHMENTS REGULATION
757.270Â Â Â Â Definitions
for ORS 757.270 to 757.290
757.271Â Â Â Â Authorization
from pole owner required for attachment
757.272Â Â Â Â Pole
owner may approve or reject attachment
757.273Â Â Â Â Attachments
to public utility and telecommunications utility facilities regulated
757.276Â Â Â Â Attachments
by licensees to consumer-owned utility facilities regulated
757.279Â Â Â Â Fixing
rates or charges by commission; cost of hearing
757.282Â Â Â Â Criteria
for just and reasonable rate for attachments; rate reduction
757.285Â Â Â Â Presumption
of reasonableness of rates set by private agreement
757.287Â Â Â Â Application
to electrical utility attachments
757.290Â Â Â Â Regulatory
procedures
NET METERING FACILITIES
757.300Â Â Â Â Net
metering facility allowed to connect to public utility; conditions for
connecting and measuring energy; rules; application to out-of-state utilities
ILLEGAL PRACTICES
757.310Â Â Â Â Prohibition
related to charges for service
757.315Â Â Â Â When
free service or reduced rates allowed
757.320Â Â Â Â Reducing
rates for persons furnishing part of necessary facilities
757.325Â Â Â Â Undue
preferences and prejudices
757.330Â Â Â Â Soliciting
or accepting special privileges from utilities
757.355Â Â Â Â Costs
of property not presently providing utility service excluded from rate base;
exception
ISSUANCE OF SECURITIES
757.400Â Â Â Â Definition
of “stocks”
757.405Â Â Â Â Power
to regulate issuance of utility securities
757.410Â Â Â Â When
issuance of securities is void
757.412Â Â Â Â Exemption
from securities regulation
757.415Â Â Â Â Purposes
for which securities and notes may be issued; order required
757.417Â Â Â Â Limitation
on application of ORS 757.415
757.419Â Â Â Â Limitation
on application of ORS 757.480
757.420Â Â Â Â Hearings
and supplemental orders relating to issuance of securities; joint approval of
issuance by interstate utility
757.425Â Â Â Â State
not obligated following approval of issuance
757.430Â Â Â Â Conditional
approval of issuance authorized
757.435Â Â Â Â Disposal
of proceeds from issuance of securities; rules
757.440Â Â Â Â Approval
required before utility may guarantee anotherÂ’s indebtedness
757.445Â Â Â Â Wrongful
issues or use of proceeds by utility
757.450Â Â Â Â Wrongful
acts relating to issuance of securities
757.455Â Â Â Â Conservation
program investment policy; application for bondable investments; utility rates
to include investment costs
757.460Â Â Â Â Pledge
of conservation investment assets as bond collateral; perfection of security
interest; foreclosure
TRANSACTIONS INVOLVING UTILITIES
757.480Â Â Â Â Approval
needed prior to disposal, mortgage or encumbrance of certain operative utility
property or consolidation with another public utility; exceptions
757.485Â Â Â Â Purchase
of property or stocks of one utility by another
757.490Â Â Â Â Approval
needed for certain contracts
757.495Â Â Â Â Contracts
involving utilities and persons with affiliated interests
757.500Â Â Â Â Contracts
between certain public utilities
757.506Â Â Â Â Findings
and policy regarding exercise of influence over utility by person not engaged
in utility business
757.511Â Â Â Â Application
for authority to exercise influence over utility; contents of application;
issuance of order; dissemination of information about acquisition
757.516Â Â Â Â Contracts
between natural gas utilities and customers for commodity and services;
determination by commission of reasonableness of contract and utility
activities
757.542Â Â Â Â Definitions
757.547Â Â Â Â Oregon
Utility Notification Center; board; member qualifications; terms; meetings;
rules
757.552Â Â Â Â Duties
of center; fees for services; rules; exemption from certain financial administration
laws
757.557Â Â Â Â Underground
utility facility operators required to subscribe to center; liability for
damage from excavation for nonsubscribers; exemption
757.562Â Â Â Â Report
to Legislative Assembly of center activities; contracts to carry out duties
DIRECT ACCESS REGULATION
757.600Â Â Â Â Definitions
for ORS 757.600 to 757.689
757.601Â Â Â Â Implementation
dates for direct access and portfolio of rate options; exemption for certain
small electric companies
757.603Â Â Â Â Electric
company required to provide cost-of-service rate option to all retail
electricity consumers; waiver; portfolio of rate options for residential
consumers
757.607Â Â Â Â Direct
access conditions; cost recovery
757.609Â Â Â Â Date
for announcing prices for electricity in subsequent calendar year; estimated
prices
757.612Â Â Â Â Requirements
for public purpose expenditures; electric bill payment assistance charge; rules
757.617Â Â Â Â Report
to Legislative Assembly on public purpose expenditures; independent
nongovernmental entity to prepare report; report on low-income bill assistance
757.622Â Â Â Â Commission
to establish terms and conditions for default electricity service to
nonresidential consumers
757.627Â Â Â Â Retail
electricity consumers eligible for direct access may aggregate electricity
loads
757.629Â Â Â Â Reciprocal
sales to nonresidential electricity consumers
757.632Â Â Â Â Electricity
service supplierÂ’s access to electric companyÂ’s distribution facilities
757.637Â Â Â Â Comparable
access to transmission and distribution facilities
757.642Â Â Â Â Unbundling
electricity assets; records
757.646Â Â Â Â Commission
policies to eliminate barriers to competitive retail market structures and
rules to establish code of conduct for electric companies; rules
757.649Â Â Â Â Certification
of electricity service suppliers; safety standards for distribution systems; billing
requirements; rules
757.654Â Â Â Â Commission
authority to investigate allegations of undue market influence
757.656Â Â Â Â Failure
to comply with ORS 757.600 to 757.667; cause of action
757.659Â Â Â Â Commission
rules; contents
757.660Â Â Â Â Use
of arbitration to resolve disputes relating to valuation of electric company
investments; rules
757.661Â Â Â Â Commission
authority to require filing
757.663Â Â Â Â Commission
authority to require electric company to enter into contracts with Bonneville
Power Administration
757.665Â Â Â Â Limitation
on installing, servicing electric meters
757.667Â Â Â Â City
authority over rights of way
757.669Â Â Â Â Policy
regarding consumer-owned electric utilities
757.672Â Â Â Â Application
of ORS 757.603 to 757.667 to consumer-owned electric utility; reciprocal
electricity sales
757.676Â Â Â Â Consumer-owned
utility authorized to offer direct, portfolio or other forms of access to
electricity services
757.679Â Â Â Â Net
billing agreements
757.683Â Â Â Â Consumer-owned
utilityÂ’s distribution rights and control over distribution system
757.687Â Â Â Â Consumer-owned
utility offering direct access; public purpose charge; bill assistance program
757.689Â Â Â Â Recovery
of costs of energy conservation measures in rates of electric company
757.691Â Â Â Â Applicability
EMERGENCY CURTAILMENT OF ELECTRICITY OR NATURAL OR MANUFACTURED GAS
757.710Â Â Â Â Emergency
curtailment plan required; credits for weatherization or alternate energy
devices
757.720Â Â Â Â Factors
to be considered in approving plan; authority to establish plan; consultation
with State Department of Energy
757.730Â Â Â Â Liability
when curtailment occurs
HEALTH ENDANGERING TERMINATION OF RESIDENTIAL
UTILITY SERVICE
757.750Â Â Â Â Legislative
findings
757.755Â Â Â Â Termination
of residential electric or natural gas service prohibited; rules of commission
757.760Â Â Â Â Requirements
for notice of termination of service; payment schedules; rules
HIGH VOLTAGE POWER LINE REGULATION
757.800Â Â Â Â Definitions
for ORS 757.800 and 757.805
757.805Â Â Â Â Accident
prevention required for work near high voltage lines; effect of failure to
comply; applicability; other remedies unaffected
(Definitions)
757.812Â Â Â Â Definitions
for ORS 757.812 to 757.950
(Acquisition Review Committee)
757.814Â Â Â Â Creation
of acquisition review committee
(
757.818Â Â Â Â Oregon
Community Power created
757.822Â Â Â Â Laws
applicable to Oregon Community Power
757.824Â Â Â Â Regulatory
authority of Public Utility Commission over Oregon Community Power
(Board of Directors)
757.830Â Â Â Â Nominating
committee
757.834Â Â Â Â Board
of directors
757.842Â Â Â Â Board
meetings and procedures
(Acquisition of Incumbent Utility)
757.852Â Â Â Â Acquisition
of incumbent utility; use of eminent domain
757.855Â Â Â Â Funding
of preliminary activities and negotiations
757.857Â Â Â Â
757.862Â Â Â Â Request
to Public Utility Commission for transfer of funds
757.864Â Â Â Â Conduct
of business after acquisition
757.868Â Â Â Â Oregon
Community Power to be successor in interest to incumbent utility; rules
757.872Â Â Â Â Equity
and assets of incumbent utility held in trust; disclaimer of state interest
(Duties and Powers of
757.880Â Â Â Â Board
duties
757.883Â Â Â Â Payments
in lieu of property taxes
757.886Â Â Â Â Powers
of
757.890Â Â Â Â Eminent
domain
(Rates)
757.895Â Â Â Â Ratemaking
757.897Â Â Â Â Notice
of ratemaking; ratemaking hearings
(Participation by CitizensÂ’ Utility Board)
757.900Â Â Â Â Intervention
by CitizensÂ’ Utility Board in proceedings
(Audits)
757.902Â Â Â Â Annual
audit of Oregon Community Power
(Bylaws)
757.905Â Â Â Â Adoption
of bylaws
(Electricity From Bonneville Power Administration)
757.910Â Â Â Â Policy
(Direct Access)
757.915Â Â Â Â Definitions
for ORS 757.915 to 757.930
757.918Â Â Â Â Oregon
Community Power required to allow direct access
757.920Â Â Â Â Rights
of electricity service suppliers
757.922Â Â Â Â Transition
credits and charges
757.924Â Â Â Â Portfolio
access to electricity service providers
(Consumer-Owned Utilities)
757.930Â Â Â Â Distribution
rights; service territories
(Financing Agreements)
757.935Â Â Â Â Definitions
for ORS 757.935 to 757.945
757.937Â Â Â Â Financing
agreements authorized
757.940Â Â Â Â Delegation
of powers relating to financing agreements
757.942Â Â Â Â Powers
of Oregon Community Power relating to financing agreements
757.945Â Â Â Â Consultation
with State Treasurer
(Revenue Bonds)
757.950Â Â Â Â Authorization
to issue and sell revenue bonds
(City Rights of Way)
757.954Â Â Â Â CityÂ’s
authority to control and collect charges for use of rights of way
PENALTIES
757.990Â Â Â Â Penalties
757.991Â Â Â Â Civil
penalty for noncompliance with gas regulations
757.993Â Â Â Â Penalty
for violation of utility excavation notification provisions
757.994Â Â Â Â 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 commissionÂ’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 commissionÂ’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, “financial regulation” means
regulation under ORS 757.105 to 757.110, 757.135, 757.140, 757.205 to 757.220,
757.400 to 757.460 and 757.480 to 757.495.
     (2) Except as provided in this section,
water utilities that serve fewer than 500 customers are not subject to
regulation under this chapter or required to pay the fee provided for in ORS
756.310.
     (3) A water utility that serves fewer than
500 customers and that provides wastewater services to the public inside the
boundaries of a city is subject to regulation under this chapter and must pay
the fee provided for in ORS 756.310.
     (4) A water utility that serves fewer than
500 customers and that is found by the Public Utility Commission to have
provided inadequate or discriminatory service at any time is thereafter subject
to regulation under this chapter and must pay the fee provided for in ORS
756.310.
     (5) A water utility that serves fewer than
500 customers and that at any time charges an average annual residential rate
of $18 per month or more is thereafter subject to regulation under this
chapter, other than financial regulation, and must pay the fee provided for in
ORS 756.310.
     (6) A water utility that serves fewer than
500 customers is subject to financial regulation under this chapter, and must
pay the fee provided for in ORS 756.310, if:
     (a) The Public Utility Commission grants a
petition from a water utility requesting that the water utility be subject to
financial regulation; or
     (b) The water utility charges a rate for
water service that exceeds a maximum rate established by the commission under
subsection (7) of this section and 20 percent or more of the customers of the
water utility file a petition with the commission requesting that the water
utility be subject to financial regulation under this chapter.
     (7) 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
(6)(b) of this section.
     (8) 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 (7) 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 (6)(b) 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]
     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
     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
     (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 utilityÂ’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 utilityÂ’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 commissionÂ’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 utilityÂ’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 757.268;
     (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 commissionÂ’s
decisions shall be based on the record made at the hearing. [Amended 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]
     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 utilityÂ’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 utilityÂ’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 utilityÂ’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
utilityÂ’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 utilityÂ’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 utilityÂ’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 utilityÂ’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 daysÂ’ 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 daysÂ’ 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 companyÂ’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 utilityÂ’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 utilityÂ’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 commissionÂ’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 commissionÂ’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 customerÂ’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 commissionÂ’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 utilityÂ’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
commissionÂ’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 utilityÂ’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 utilityÂ’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 utilityÂ’s cost of capital
for the deferral period and may also consider estimated changes in the electric
utilityÂ’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
     (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 customerÂ’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
Legislative findings relating to inclusion of tax liabilities in rates. (1) The Legislative Assembly finds and
declares that:
     (a) The alignment of taxes collected by
public utilities from utility customers with taxes paid to units of government
by utilities, or affiliated groups that include utilities, is of special
interest to this state.
     (b) Taxes are a unique utility cost
because the tax liability is affected by the operations or tax attributes of
the parent company or other affiliates of the utility.
     (c) The Public Utility Commission permits
a utility to include costs for taxes that assume the utility is not part of an
affiliated group of corporations for tax purposes.
     (d) The parent company of a utility may
employ accounting methods, debt, consolidated tax return rules and other
techniques in a way that results in a difference between the tax liability paid
to units of government by the utility, or the affiliated group of corporations
of which the utility is a member, and the amount of taxes collected, directly
or indirectly, from customers.
     (e) Tax uncertainty in the ratemaking
process may result in collecting taxes from ratepayers that are not paid to
units of government.
     (f) Utility rates that include amounts for
taxes should reflect the taxes that are paid to units of government to be
considered fair, just and reasonable.
     (g) Tax information of a business is
commercially sensitive. Public disclosure of tax information could provide a
commercial advantage to other businesses.
     (2) The definitions in ORS 757.268 apply
to this section. [2005 c.845 §2]
     757.268
Adjustments to rates by reason of taxes paid by public utility. (1) Every public utility shall file a tax report
with the Public Utility Commission annually, on or before October 15 following
the year for which the report is being made. The tax report shall contain the
information required by the commission, including:
     (a) The amount of taxes that was paid by
the utility in the three preceding years, or that was paid by the affiliated
group and that is properly attributed to the regulated operations of the
utility, determined without regard to the tax year for which the taxes were
paid; and
     (b) The amount of taxes authorized to be
collected in rates for the three preceding years.
     (2) Every public utility shall be required
to obtain and provide to the commission any other information that the
commission requires to review the tax report and to implement and administer
this section and ORS 757.210.
     (3) The commission may disclose, or any
intervenor may obtain and disclose, the amount by which the amount of taxes
that units of government received from the public utility or from the
affiliated group differs from the amount of costs for taxes collected, directly
or indirectly, as part of rates paid by customers, including whether the
difference is positive or negative.
     (4) The commission shall review the tax
report and any other information the commission has obtained and make the
determinations described in this section within 90 days following the filing of
the report, or within a further period of time that the commission may by rule
establish for making determinations under this section that does not exceed 180
days following the filing of the report. If the commission determines that the
amount of taxes assumed in rates or otherwise collected from ratepayers for any
of the three preceding years differed by $100,000 or more from the amount of
taxes paid to units of government by the public utility, or by the affiliated
group and properly attributed to the regulated operations of the utility, the
commission shall require the utility to establish an automatic adjustment
clause, as defined in ORS 757.210, within 30 days following the date of the
commissionÂ’s determinations under this section, or by a later date that the
commission may by rule prescribe for establishing an automatic adjustment
clause that does not exceed 60 days following the date of the commissionÂ’s determinations
under this section.
     (5) If an adjustment to rates is made
under an automatic adjustment clause established under this section, the
automatic adjustment clause shall remain in effect for each successive year
after an adjustment is made and until an order terminating the automatic
adjustment clause is made under subsection (9) of this section.
     (6) The automatic adjustment clause shall
account for all taxes paid to units of government by the public utility that
are properly attributed to the regulated operations of the utility, or by the
affiliated group that are properly attributed to the regulated operations of
the utility, and all taxes that are authorized to be collected through rates,
so that ratepayers are not charged for more tax than:
     (a) The utility pays to units of
government and that is properly attributed to the regulated operations of the
utility; or
     (b) In the case of an affiliated group,
the affiliated group pays to units of government and that is properly
attributed to the regulated operations of the utility.
     (7) An automatic adjustment clause
established under this section may not be used to make adjustments to rates for
taxes paid that are properly attributed to any unregulated affiliate of the
public utility or to the parent of the utility.
     (8) Notwithstanding subsections (1) to (7)
of this section, the commission may authorize a public utility to include in
rates:
     (a) Deferred taxes resulting from
accelerated depreciation or other tax treatment of utility investment; and
     (b) Tax requirements and benefits that are
required to be included in order to ensure compliance with the normalization
requirements of federal tax law.
     (9) If the commission determines that
establishing an automatic adjustment clause under this section would have a
material adverse effect on customers of the public utility, the commission
shall issue an order terminating the automatic adjustment clause. The order
shall set forth the reasons for the commissionÂ’s determination under this
subsection.
     (10) The commission shall conduct a
hearing under ORS 757.210 prior to making a determination under subsection (9)
of this section that an automatic adjustment clause would have a material
adverse effect on customers of the public utility.
     (11) The commission may not use the tax
information obtained by the commission under this section for any purpose other
than those described in subsections (1) to (10) of this section. An intervenor
in a commission proceeding to review the tax report or make rate adjustments described
in this section may, upon signing a protective order prepared by the
commission, obtain and use the information obtained by the commission that is
not otherwise required to be made publicly available under this section,
according to the terms of the protective order.
     (12) For purposes of this section, taxes
paid that are properly attributed to the regulated operations of the public
utility may not exceed the lesser of:
     (a) That portion of the total taxes paid
that is incurred as a result of income generated by the regulated operations of
the utility; or
     (b) The total amount of taxes paid to
units of government by the utility or by the affiliated group, whichever
applies.
     (13) As used in this section:
     (a) “Affiliated group” means an affiliated
group of corporations of which the public utility is a member and that files a
consolidated federal income tax return.
     (b) “Public utility” or “utility” means:
     (A) A regulated investor-owned utility
that provided electric or natural gas service to an average of 50,000 or more
customers in Oregon in 2003; or
     (B) A successor in interest to an entity
described in subparagraph (A) of this paragraph that continues to be a
regulated investor-owned utility.
     (c) “Regulated operations of the utility”
means those activities of a public utility that are subject to rate regulation
by the commission.
     (d) “Tax”:
     (A) Means a federal, state or local tax or
fee that is imposed on or measured by income and that is paid to units of
government.
     (B) Does not include any amount that is
refunded by a unit of government as a tax refund.
     (C) Does not include franchise fees or
privilege taxes.
     (e) “Taxes authorized to be collected in
rates” means the product determined by multiplying the following three values:
     (A) The revenues the utility collects from
ratepayers in
     (B) The ratio of the net revenues from
regulated operations of the utility to gross revenues from regulated operations
of the utility, as determined by the commission in establishing rates; and
     (C) The effective tax rate used by the
commission in establishing rates.
     (f) “Taxes paid” means amounts received by
units of government from the utility or from the affiliated group of which the
utility is a member, whichever is applicable, adjusted as follows:
     (A) Increased by the amount of tax savings
realized as a result of charitable contribution deductions allowed because of
charitable contributions made by the utility;
     (B) Increased by the amount of tax savings
realized as a result of tax credits associated with investment by the utility
in the regulated operations of the utility, to the extent the expenditures
giving rise to the tax credits and tax savings resulting from the tax credits
have not been taken into account by the commission in the utilityÂ’s last
general ratemaking proceeding; and
     (C) Adjusted by deferred taxes related to
the regulated operations of the utility.
     (g) “Three preceding years” means the
three most recent consecutive fiscal years preceding the date the tax report is
required to be filed. [2005 c.845 §3]
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
peopleÂ’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 utilityÂ’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 commissionÂ’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]
     Note: Section 9, chapter 832, Oregon Laws 1999, provides:
     Sec.
9. (1) The Public Utility
Commission shall establish a task force consisting of utility pole owners and
utility pole users to advise the commission on policies and regulations for
accommodating changes in the utility industries while maintaining safe and
efficient utility poles, attachment installation practices and rights of way.
     (2) In addition to the duties described in
subsection (1) of this section, the task force shall:
     (a) Develop and submit to the commission
proposed rules for determining appropriate sanctions for unauthorized
attachments; and
     (b) Develop and submit to the commission
proposed criteria for certifying compliance with laws regulating pole
attachments.
     (3) The commission shall adopt rules for
certifying a licenseeÂ’s compliance with laws regulating pole attachments and
establishing appropriate sanctions for unauthorized pole attachments. [1999
c.832 §9]
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 peopleÂ’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 utilityÂ’s existing transmission and distribution facilities; and
     (D) Is intended primarily to offset part
or all of the customer-generatorÂ’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-generatorÂ’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 peopleÂ’s utility district, may authorize an electric utility to
assess a greater fee or charge, of any type, if the electric utilityÂ’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 utilityÂ’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 peopleÂ’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 utilityÂ’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 peopleÂ’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
     (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 peopleÂ’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-generatorÂ’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 peopleÂ’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 utilityÂ’s, cooperativeÂ’s or districtÂ’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 peopleÂ’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 peopleÂ’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 peopleÂ’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 utilityÂ’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 customerÂ’s past energy
usage and provides price incentives designed to encourage changes in the
customerÂ’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 customerÂ’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]
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
     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 commissionÂ’s order, or to any purpose specified in
the commissionÂ’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 anotherÂ’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 commissionÂ’s order, or to any purpose specified in the
commissionÂ’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 commissionÂ’s order, or to any purpose
specified in the commissionÂ’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 utilityÂ’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
     (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 CommissionÂ’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 CommissionÂ’s approval of one public utilityÂ’s acquisition of
another public utilityÂ’s stocks, bonds and certain property used for utility
purposes, but does not require the commissionÂ’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 utilityÂ’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 utilitiesÂ’ 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 utilityÂ’s customers in the public interest; and
     (j) Such other information as the
commission may require by rule.
     (4) 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
utilityÂ’s customers in the public interest, the commission shall issue an order
granting the application. The commission may condition an order authorizing the
acquisition upon the applicantÂ’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.
     (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]
     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 utilityÂ’s facility and the
interstate pipelineÂ’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 utilityÂ’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
commissionÂ’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]
     757.525 [Repealed by 1971 c.655 §250]
     757.530 [Repealed by 1971 c.655 §250]
     757.535 [Repealed by 1971 c.655 §250]
     757.540 [Amended by 1971 c.655 §53; renumbered
756.568]
     757.541 [1987 c.599 §1; repealed by 1995 c.691 §8]
     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
     (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
commissionÂ’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
     (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
     (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
     (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
     (2) Any person intending to excavate shall
notify the
     (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
     (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
     (2) In carrying out the duties, functions
and powers imposed by law on the
     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 peopleÂ’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 peopleÂ’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 companyÂ’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 companyÂ’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 and 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 education service
districts, as described in ORS 334.010, that are located in the service
territory of the electric company or Oregon Community Power. The funds shall be
distributed to individual education service districts according to the weighted
average daily membership (ADMw) of the component school districts of the
education service 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 education service
districts that are only partially located in the service territory of the
electric company or Oregon Community Power.
     (B) An education service district that
receives funds under this paragraph shall use the funds first to pay for energy
audits for school districts located within the education service district. An
education service district may not expend additional funds received under this
paragraph on a school district facility until an energy audit has been
completed for that school district. To the extent practicable, an education
service 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 district, the education
service 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 district within the education service district, the
education service 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.
     (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
consumerÂ’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
departmentÂ’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) The Housing and Community Services
Department, in consultation with the federal Advisory Committee on Energy,
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, including
programs that effectively reduce service disconnections and related costs to
retail electricity consumers and electric utilities. Priority assistance shall
be directed to low-income electricity consumers who are in danger of having
their electricity service disconnected.
     (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 heating
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]
     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 supplierÂ’s access to electric companyÂ’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 personÂ’s or entityÂ’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 supplierÂ’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 companyÂ’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 commissionÂ’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 arbitratorÂ’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 cityÂ’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
     (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
     (3) Preserve and enhance the ability of
consumer-owned utilities and their elected governing bodies to respond to their
consumersÂ’ 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 utilityÂ’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 utilityÂ’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 utilityÂ’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 utilityÂ’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 utilityÂ’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 utilityÂ’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 utilityÂ’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
     (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
     757.680 [1961 c.691 §15; renumbered 758.470]
     757.683
Consumer-owned utilityÂ’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 utilityÂ’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 utilityÂ’s service area to the consumer class that
is provided direct access, or the utilityÂ’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 utilityÂ’s obligations under this section shall
be credited toward the utilityÂ’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 supplierÂ’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 utilityÂ’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
consumerÂ’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 consumerÂ’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 utilityÂ’s service area. A consumer-owned utility shall report
annually to the Housing and Community Services Department detailing the utilityÂ’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 consumerÂ’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 utilityÂ’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
     (2) In the event of an emergency
threatening the health, safety and welfare of the general public, the Public
Utility Commission may on the commissionÂ’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]
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]
     757.755
Termination of residential electric or natural gas service prohibited; rules of
commission. (1) The Public
Utility Commission of
     (2) The commission shall provide by rule a
method for determining when the termination of residential electric or natural
gas service would significantly endanger the physical health of the residential
consumer. [1979 c.868 §3; 1983 c.326 §2]
     757.760
Requirements for notice of termination of service; payment schedules; rules. The Public Utility Commission shall
establish rules to require each electric and natural gas utility to:
     (1) Give written or personal notice of a
proposed termination of residential service in a manner reasonably calculated
to reach the residential consumer within a reasonable period of time before the
proposed date of termination;
     (2) Accept reasonable partial payment on
the outstanding account and to establish a reasonable payment schedule for any
indebtedness, including a deposit, that the utility claims the residential
consumer owes for service at any residential address in lieu of termination of
or refusal to provide service, and to inform the residential consumer of the
provisions of this subsection;
     (3) Inform those residential consumers who
cannot afford to pay their bills or deposits of the names and telephone numbers
of the appropriate unit within the Department of Human Services or other
appropriate social service agencies that can help the consumer investigate what
federal, state or private aid might be available to that consumer; and
     (4) Provide that a transfer of service
from one premises to another within the utilityÂ’s service area shall not be
considered a discontinuation of service. [1979 c.868 §4; 1983 c.326 §3]
HIGH VOLTAGE
POWER LINE REGULATION
     757.800
Definitions for ORS 757.800 and 757.805. As used in this section and ORS 757.805, unless the context requires
otherwise:
     (1) “Authorized person” means:
     (a) An employee of a utility which
produces, transmits or delivers electricity.
     (b) An employee of a utility which
provides and whose work relates to communication services or state, county or
municipal agencies which have authorized circuit construction on or near the
poles or structures of a utility.
     (c) An employee or agent of an industrial
plant whose work relates to the electric system of the industrial plant.
     (d) An employee of a cable television or
communication services company or an employee of a contractor of a cable
television or communication services company if specifically authorized by the
owners of the poles to make cable television or communication services
attachments.
     (e) An employee or agent of state, county
or municipal agencies which have or whose work relates to overhead electric
lines or circuit construction or conductors on poles or structures of any type.
     (f) An employee of a transmission company
as defined in ORS 758.015.
     (2) “High voltage” means voltage in excess
of 600 volts measured between conductors or between a conductor and the ground.
     (3) “Overhead line” means all bare or
insulated electric conductors installed above ground.
     (4) “Person” or “business entity” means
those parties who contract to perform any function or activity upon any land,
building, highway or other premises.
     (5) “Utility” means any electric or
communication utility described by ORS 757.005, any plant owned or operated by
a municipality, any person furnishing community antenna television service to
the public and any cooperative corporation or peopleÂ’s utility district engaged
in furnishing electric or communication service to customers.
     (6) “Proximity” means within 10 feet or
such greater distance as may be prescribed by rule adopted pursuant to ORS
chapter 654. [1989 c.672 §2; 2001 c.913 §5]
     757.805
Accident prevention required for work near high voltage lines; effect of
failure to comply; applicability; other remedies unaffected. (1) Any person or business entity
responsible for performing any function, activity, work or operation in
proximity to a high voltage overhead line shall guard effectively against
accidents involving such high voltage overhead line, as required by rules
adopted pursuant to ORS chapter 654.
     (2) If any violation of subsection (1) of
this section or rules adopted pursuant to ORS chapter 654 results in, or is a
contributing cause of, a physical or electrical accident involving any high
voltage overhead line, the person or business entity violating subsection (1)
of this section or rules adopted pursuant to ORS chapter 654 is liable to the
utility operating the high voltage overhead lines for all damages to its
facilities and all costs and expenses, including damages to any third persons,
incurred by the utility as a result of the accident. However, any person or
business entity that has given advance notice of the function, activity or work
to the utility operating the high voltage overhead line, and has otherwise
substantially complied with rules adopted pursuant to ORS chapter 654, shall
only be liable for such damages in proportion to that person or business entityÂ’s
comparative fault in causing or contributing to the accident.
     (3) This section and ORS 757.800 do not
apply to:
     (a) Construction, reconstruction,
operation or maintenance by an authorized person of overhead electric or
communication circuits or conductors and their supporting structures or
electric generation, transmission or distribution systems or communication systems.
     (b) Fire, police or other emergency
service workers acting under authority of a state agency or other public body
while engaged in emergency operations.
     (4) The provisions of this section and ORS
757.800 are not intended to displace any other remedies which may be available
to the utility by statute or common law. [1989 c.672 §§3,4,5,6]
     757.810 [1985 c.550 §5; renumbered 759.015 in 1989]
(Definitions)
     757.812
Definitions for ORS 757.812 to 757.950. As used in ORS 757.812 to 757.950:
     (1) “Board” means the board of directors
of Oregon Community Power.
     (2) “Incumbent utility” means an
investor-owned utility that is the subject of a transaction described in ORS
757.814.
     (3) “Investor-owned utility” means a
utility that sells electricity and that is operated by a corporation with
shareholders.
     (4) “Rate” has the meaning given that term
in ORS 756.010.
     (5) “Service” has the meaning given that
term in ORS 756.010.
     (6) “Service territory” means the
geographic area within which a utility provides electricity to customers. [2007
c.807 §1]
     Note: 757.812 to 757.954 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.
(Acquisition
Review Committee)
     757.814
Creation of acquisition review committee. (1)(a) Except as provided in subsection (9) of this section, the
Public Utility Commission shall give notice to the cities and counties
specified in paragraph (b) of this subsection whenever the commission receives
notice of a proposed transaction under ORS 757.511 (2):
     (A) Relating to an investor-owned utility
for which approval of the Public Utility Commission is required under ORS
chapter 757; and
     (B) Involving the sale of 50 percent or
more of the voting shares of the utility to a person that is not an affiliated
interest with the utility as defined in ORS 757.015.
     (b) Notice under subsection (1) of this
section shall be given to a city or county if the investor-owned utility that
is the subject of the proposed transaction has service territory within the
boundaries of the city or county.
     (2) Upon receiving notice under subsection
(1) of this section, each city or county may appoint a member to an acquisition
review committee formed to represent the affected cities and counties. An
acquisition review committee must be formed not more than 60 days after notice
is given by the commission under subsection (1) of this section. If an
acquisition review committee is not formed within 60 days after notice is given
by the commission under subsection (1) of this section, the commission shall
proceed with any application made under ORS 757.511 for approval of the
transaction.
     (3) An acquisition review committee formed
under this section shall consider a proposed transaction described in
subsection (1) of this section for the purpose of determining whether:
     (a) Acquisition of the investor-owned
utility by Oregon Community Power would be in the best interests of the
customers served by the investor-owned utility; and
     (b) Acquisition of the utility can be
accomplished in a manner that is consistent with the policy described in ORS
757.910.
     (4) An acquisition review committee
created under this section may decide to enter into negotiations for the
acquisition of an investor-owned utility that is the subject of a proposed
transaction described in subsection (1) of this section only by the affirmative
vote of members of the committee representing counties in which reside not less
than two-thirds of the customers with billing accounts that are served by the
incumbent utility, and the affirmative vote of members of the committee
representing cities in which reside not less than two-thirds of the customers
with billing accounts that are served by the incumbent utility. If an
acquisition review committee determines that negotiations should commence, the
committee shall:
     (a) Enter into negotiations with the
incumbent utility or persons that have authority to negotiate the disposition
of the incumbent utility or the electric utility assets of the incumbent
utility; and
     (b) If the negotiations result in an
agreement between the committee and the incumbent utility or persons described
in paragraph (a) of this subsection, the committee shall immediately give
notice to the commission and file an application with the commission under ORS
757.511 for approval of the transaction.
     (5) An acquisition review committee
created under this section may decide to acquire an investor-owned utility
under subsection (4) of this section only by the affirmative vote of members of
the committee representing counties in which reside not less than two-thirds of
the customers with billing accounts that are served by the incumbent utility,
and the affirmative vote of members of the committee representing cities in
which reside not less than two-thirds of the customers with billing accounts
that are served by the incumbent utility. An acquisition review committee may vote
to acquire an incumbent utility under this subsection only after public notice
and consultation with groups representing customers of the incumbent utility.
     (6) An acquisition review committee must
complete negotiations and vote to enter into an agreement not more than 150
days after notice is given to cities and counties under subsection (1) of this
section. If the incumbent utility agrees in writing, the committee may request
that the time limitation imposed by this section be extended by 90 days.
     (7) If the commission approves acquisition
of the incumbent utility by Oregon Community Power, the commission shall inform
the Governor and the Governor shall activate Oregon Community Power by
convening an initial Oregon Community Power Board Nominating Committee under
section 7, chapter 807, Oregon Laws 2007. As soon as the first board of
directors of Oregon Community Power is appointed under ORS 757.834, the board
shall implement the agreement and acquire the incumbent utility or the electric
utility assets of the incumbent utility in the name of Oregon Community Power.
     (8) An acquisition review committee shall
give notice to the commission immediately if the committee proposes to dissolve
or decides not to enter into negotiations under subsection (4) of this section
or if negotiations do not result in an agreement.
     (9) The commission may not give notice to
cities and counties under subsection (1) of this section if a person providing
notice of a proposed transaction under ORS 757.511 (2) also provides to the
commission written consent forms signed by persons with authority to act on
behalf of counties in which reside not less than two-thirds of the customers
with billing accounts that are served by the incumbent utility and on behalf of
cities in which reside not less than two-thirds of the customers with billing
accounts that are served by the incumbent utility.
     (10) An acquisition review committee may
enter into an agreement for the acquisition of an incumbent utility or the
electric utility assets of the incumbent utility only if the committee obtains
approval for the acquisition from the appropriate state agencies in all states
in which the incumbent utility serves retail electricity consumers.
     (11) Notwithstanding any other provision
of law, Oregon Community Power is responsible for and shall pay all costs
relating to the acquisition of an incumbent utility, including but not limited
to:
     (a) The costs of acquiring the electric
utility assets of the incumbent utility;
     (b) The costs of acquiring any necessary
generating capacity and transmission capacity dedicated to serving the
customers in the service area that will be acquired, including but not limited
to electricity generating assets and alternate energy generating assets under
construction but not yet in service;
     (c) Depreciation;
     (d) Loss of revenue to the incumbent
utility; and
     (e) All electric utility assets necessary
to reintegrate the system of the incumbent utility after detaching the portion
of the utility acquired by Oregon Community Power. [2007 c.807 §2]
     Note: See note under 757.812.
     757.815 [1985 c.550 §6; 1987 c.447 §72; renumbered
759.020 in 1989]
(
     757.818
     (2) Oregon Community Power is created as a
public corporation in order to carry out public services in sectors of the
economy in which activities or services are also provided by private
enterprise. Oregon Community Power is granted all needed operating flexibility
under ORS 757.812 to 757.950 in order to ensure the success of Oregon Community
Power while retaining principles of public accountability and oversight.
     (3) The primary mission of Oregon
Community Power is to provide reliable, low-cost electricity to electricity
consumers in the service territory in which Oregon Community Power undertakes
to provide electricity service. [2007 c.807 §3]
     Note: See note under 757.812.
     757.820 [1985 c.550 §6a; 1987 c.302 §1; renumbered
759.025 in 1989]
     757.822
Laws applicable to
     (2) Except as otherwise provided by law,
the provisions of ORS chapters 182, 183, 238, 238A, 240, 270, 273, 276, 279A,
279B, 279C, 283, 286A, 291, 292, 293, 294, 295 and 297 and ORS 35.550 to
35.575, 183.710 to 183.725, 183.745, 183.750, 184.305 to 184.345, 190.430,
190.480, 190.490, 192.105, 200.035, 236.380, 243.105 to 243.585, 243.696,
278.011 to 278.120, 278.315 to 278.415, 279.835 to 279.855, 282.010 to 282.150,
287.006, 287A.472, 288.150 to 288.165, 288.600, 288.815 and 656.017 (2) do not
apply to Oregon Community Power.
     (3) Oregon Community Power is not a
participating public employer in the Public Employees Retirement System.
     (4) Any funds held by or under the control
of Oregon Community Power are not public funds, as defined in ORS 295.001. [2007
c.807 §4]
     Note: See note under 757.812.
     Note: 236.380 is repealed by section 32, chapter
100, Oregon Laws 2007. However, chapter 100, Oregon Laws 2007, is the subject
of a referendum petition (see note under 236.380). The text of 757.822 was not
amended by enactment of the Legislative Assembly to reflect the potential
repeal. Editorial adjustment of 757.822 for the potential repeal of 236.380 has
not been made.
     Note: 287.006, 288.150 to 288.165, 288.600 and
288.815 were repealed by section 234, chapter 783, Oregon Laws 2007. The text
of 757.822 was not amended by enactment of the Legislative Assembly to reflect
the repeal. Editorial adjustment of 757.822 for the repeal of 287.006, 288.150
to 288.165, 288.600 and 288.815 has not been made.
     757.824
Regulatory authority of Public Utility Commission over
     (2) In addition to having the authority
granted the commission under subsection (1) of this section, the commission has
the authority to:
     (a) Regulate electricity service suppliers
that conduct business with or use the facilities of Oregon Community Power;
     (b) Determine a claim by an electricity
service supplier that Oregon Community Power has acted in an anticompetitive
manner; and
     (c) Take action against Oregon Community
Power to enforce consumer protection rules adopted under ORS 757.659 (3) and
applicable to direct access consumers.
     (3) Oregon Community Power may not be
required to obtain the approval of the Public Utility Commission to make an
acquisition described in ORS 757.812 to 757.950.
     (4) As used in this section, “direct
access” and “electricity service supplier” have the meanings given those terms
in ORS 757.915. [2007 c.807 §5]
     Note: See note under 757.812.
     757.825 [1985 c.550 §7; 1987 c.447 §73; 1987 c.613 §2;
1989 c.5 §§9,23; 1989 c.378 §1; 1989 c.543 §1; renumbered 759.030 in 1989]
(Board of
Directors)
     757.830
Nominating committee. (1)
There is established the Oregon Community Power Board Nominating Committee. The
purpose of the nominating committee is to assist the Governor in appointing
members to the board of directors of Oregon Community Power under ORS 757.834.
     (2) The nominating committee shall consist
of five members, as follows:
     (a) One member shall be a delegate from
the CitizensÂ’ Utility Board and shall represent the interests of residential
electricity consumers.
     (b) One member shall be a delegate from a
qualified organization that represents the interests of primarily commercial
electricity consumers.
     (c) One member shall be a delegate from a
qualified organization that represents the interests of primarily industrial
electricity consumers.
     (d) One member shall be a delegate from
the League of Oregon Cities and shall represent the interests of municipalities
and their residents.
     (e) One member shall be a delegate from
the Association of Oregon Counties and shall represent the interests of
counties and their residents.
     (3) Of the members described in subsection
(2)(d) and (e) of this section, one shall be from a local government that is
within the service territory of Oregon Community Power and one shall be from a
local government that is outside of the service territory of Oregon Community
Power.
     (4)(a) In order for the nominating
committee to convene, the board of directors of Oregon Community Power shall prepare
a proposed direction to convene as soon as is practicable following the earlier
of the date that a vacancy occurs on the board or the date that it becomes
known that a vacancy on the board will occur within six months.
     (b) The proposed direction to convene
shall state the qualified organizations that are to provide the delegates
described in subsection (2)(b) and (c) of this section. The board shall send
copies of the proposed direction to the Public Utility Commission and to each
organization that served as a qualified organization at a prior convening of
the nominating committee.
     (c) Within 15 days after receipt of the
proposed direction to convene, the commission shall review the proposed
direction. The commission shall afford the opportunity for a hearing if
requested by any party. If the proposed direction lists organizations that meet
the qualifications of subsection (2)(b) and (c) of this section, the commission
shall approve the direction. If the proposed direction does not list
organizations that are qualified organizations under subsection (2)(b) and (c)
of this section, the commission may modify the direction prior to approval. A
determination by the commission may be appealed as a contested case under ORS
chapter 183.
     (5) The nominating committee shall convene
as soon as is practicable after receiving an approved direction to convene
under subsection (4) of this section, and shall forward the first slate of
nominees to the Governor for consideration under ORS 757.834 no later than 90
days after the date an approved direction to convene is issued.
     (6) The nominating committee shall
nominate three individuals for each position on the board to be filled.
     (7) A nominating committee that has been
convened shall remain convened until each vacant position on the board is
filled. The nominating committee shall forward a second slate of nominees to
the Governor if requested by the Governor under ORS 757.834 (2).
     (8) In forwarding nominees to the
Governor, the nominating committee shall strive to select individuals who:
     (a) Meet the qualifications described in
ORS 757.834 (6);
     (b) If appointed, would result in a board
of directors that represents the geographic diversity of Oregon Community PowerÂ’s
service territory; and
     (c) Have the ability and experience to
fulfill the principal duties of the board under ORS 757.880.
     (9) As used in this section, “qualified
organization” means a nonprofit organization that represents a broad class of
commercial or industrial customers and that has a substantial record of
representing the class before state agencies or the Legislative Assembly in
matters related to public utility rates, terms and conditions and energy policy
issues affecting the class. [2007 c.807 §6]
     Note: See note under 757.812.
     Note: Section 7, chapter 807, Oregon Laws 2007,
provides:
     Sec.
7. (1) Notwithstanding
section 6 of this 2007 Act [757.830], the Governor shall convene the initial
Oregon Community Power Board Nominating Committee for the first board of
directors of Oregon Community Power on the date the Governor activates Oregon
Community Power under section 2 of this 2007 Act [757.814].
     (2) The nominating committee shall forward
the first slate of nominees to the Governor for consideration under section 8
of this 2007 Act [757.834] within 30 days following the convening of the
committee by the Governor.
     (3) If necessary, the nominating committee
shall forward a second slate of nominees to the Governor for consideration
within 10 days after the GovernorÂ’s request for a second slate of nominees
under section 8 (2) of this 2007 Act.
     (4) For purposes of section 6 (3) of this
2007 Act, the service territory of the incumbent utility is considered to be
the service
     757.834
Board of directors. (1)
Oregon Community Power shall be governed by a board of seven directors
appointed by the Governor using the procedure set forth in this section.
     (2)(a) Prior to making any appointment to
the board, the Governor shall consider the nominations of the Oregon Community
Power Board Nominating Committee.
     (b) If the Governor reviews an initial
slate of nominees made by the nominating committee and determines not to
appoint a nominee, the Governor shall request that the nominating committee
forward a second slate of nominees. If the Governor determines not to appoint a
nominee from the second slate of nominees, the Governor may appoint any
individual the Governor determines meets the qualifications of subsection (6)
of this section.
     (3) Notwithstanding the requirement that
the Governor consider the nominations of the nominating committee prior to
making an appointment, the Governor shall appoint an individual to be a board
member within 120 days following the vacancy of a position on the board.
     (4) Each appointment shall be subject to
confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
     (5) The term of office for each board
member shall be four years. A board member may be nominated and appointed to
successive terms, but within 150 days prior to the expiration of the term of
the member, the board shall issue a proposed direction to convene the
nominating committee under ORS 757.830 for the purpose of nominating
individuals to fill the board position.
     (6) A member of the board shall have
significant experience or expertise in one or more of the following areas:
     (a) Business operations;
     (b) Utility management;
     (c) Legal or financial affairs;
     (d) Regional energy issues; or
     (e) Developing public policy.
     (7) The Governor may remove any member of
the board for cause, after notice and public hearing. [2007 c.807 §8]
     Note: See note under 757.812.
     Note: Section 9, chapter 807, Oregon Laws 2007,
provides:
     Sec.
9. (1) Notwithstanding
section 8 (5) of this 2007 Act [757.834 (5)], the term of office for the first
board of directors of Oregon Community Power shall be as follows:
     (a) Two members shall be appointed for a
term that ends one year following the date the Governor convenes the board;
     (b) Two members shall be appointed for a
term that ends two years following the date the Governor convenes the board;
     (c) Two members shall be appointed for a
term that ends three years following the date the Governor convenes the board;
and
     (d) One member shall be appointed for a
term that ends four years following the date the Governor convenes the board.
     (2) Consistent with subsection (1) of this
section, the Governor shall designate the duration of the term of office of
each member of the first board of directors at the time the Governor convenes
the board. [2007 c.807 §9]
     757.835 [1985 c.389 §3; 1987 c.447 §74; renumbered
759.230 in 1989]
     757.840 [1987 c.1 §§1,2,3; 1989 c.5 §10; renumbered
759.235 in 1989]
     757.842
Board meetings and procedures.
(1) The board of directors of Oregon Community Power shall meet at least once
each month to conduct the business of the board.
     (2) A majority of board members shall
constitute a quorum.
     (3) The board shall select one of its
members as chairperson.
     (4) The board shall adopt bylaws establishing
rules of procedure for board meetings and decisions.
     (5) A member of the board shall be
compensated as provided in ORS 757.886 (12).
     (6) The board, not later than April 15 of
each year, shall file a report with the Governor and the Legislative Assembly.
The report shall explain the activities and operations of Oregon Community
Power for the preceding calendar year, including a summary of the audit
described in ORS 757.902. [2007 c.807 §10]
     Note: See note under 757.812.
     757.850 [1987 c.613 §4; 1989 c.5 §11; 1989 c.378 §2;
1989 c.543 §2; renumbered 759.195 in 1989]
(Acquisition
of Incumbent Utility)
     757.852
Acquisition of incumbent utility; use of eminent domain. (1) As soon as practicable after being
appointed, the board of directors of Oregon Community Power shall implement the
agreement entered into by an acquisition review committee under ORS 757.814
(4)(b).
     (2) Notwithstanding ORS 757.890 (1),
Oregon Community Power may not use the power of eminent domain to accomplish
all or a part of an acquisition described in subsection (1) of this section
unless the incumbent utility or the persons that have the authority to
negotiate the disposition of the incumbent utility or the electric utility
assets of the incumbent utility consent to the use of eminent domain for
acquisition purposes. [2007 c.807 §11]
     Note: See note under 757.812.
     757.855
Funding of preliminary activities and negotiations. (1) Following a request by an acquisition
review committee under ORS 757.862, the Public Utility Commission shall
transfer from the Public Utility Commission Account to the Oregon Community
Power Utility Acquisition Fund established under ORS 757.857 all amounts
necessary to fund any preliminary activities needed to determine:
     (a) The appropriateness or desirability of
an acquisition described in ORS 757.812 to 757.950;
     (b) The requirements and terms of the
acquisition; and
     (c) Any due diligence activities related
to the acquisition and the negotiations for the acquisition.
     (2) Notwithstanding any other provision of
law, the commission may increase the rates of an incumbent utility in order to
recover the costs incurred in negotiating an acquisition by an acquisition
review committee under ORS 757.814 (4).
     (3) Notwithstanding any other provision of
law, the commission may assess a fee on an incumbent utility in order to fund
the transfer described in subsection (1) of this section. [2007 c.807 §12]
     Note: See note under 757.812.
     757.857
     (2) Moneys in the Oregon Community Power
Utility Acquisition Fund are continuously appropriated to the Public Utility
Commission for the purpose of transferring moneys to an acquisition review
committee as described in ORS 757.855. [2007 c.807 §13]
     Note: See note under 757.812.
     757.860 [1987 c.302 §3; 1989 c.5 §12; renumbered
759.225 in 1989]
     757.862
Request to Public Utility Commission for transfer of funds. (1) An acquisition review committee created
under ORS 757.814 may request that the Public Utility Commission transfer
moneys appropriated under ORS 757.857 in order to fund any preliminary
activities the committee undertakes to determine:
     (a) The appropriateness or desirability of
an acquisition described in ORS 757.812 to 757.950;
     (b) The requirements and terms of the
acquisition; and
     (c) Any due diligence activities related
to the acquisition and the negotiations for the acquisition.
     (2) An acquisition review committee shall
submit a budget and plan of operations with a request under subsection (1) of
this section. The commission may approve the transfer only after notice and
public hearing on the request. [2007 c.807 §14]
     Note: See note under 757.812.
     757.864
Conduct of business after acquisition. If Oregon Community Power acquires an incumbent utility under ORS
757.812 to 757.950, all electric utility operations undertaken by Oregon
Community Power after the acquisition shall be conducted under the name of
Oregon Community Power. [2007 c.807 §15]
     Note: See note under 757.812.
     757.868
     (a) Allocation of territory and contracts
allocating territory;
     (b) City franchise fee agreements; and
     (c) Contracts or obligations of any
nature, to the extent the contracts or obligations apply to a successor in
interest to the incumbent utility.
     (2) Until the board of directors of Oregon
Community Power establishes bylaws governing the procedures for conducting a
ratemaking hearing and establishing rates under ORS 757.812 to 757.950 and
under those procedures establishes one or more new rates or tariffs or
establishes one or more changes in rates or tariffs, Oregon Community Power
shall:
     (a) Adopt all existing rate schedules in
effect for the incumbent utility on the date of acquisition;
     (b) Adopt the general rules and
regulations of the incumbent utilityÂ’s tariffs; and
     (c) Maintain Oregon Community Power books
and records in accordance with generally accepted accounting principles and
with the uniform system of accounts established by the Federal Energy
Regulatory Commission.
     (3) If Oregon Community Power acquires an
incumbent utility under ORS 757.812 to 757.950, Oregon Community Power is
subject to all privilege taxes imposed by municipalities that the incumbent
utility was required to pay to municipalities immediately before the
acquisition. [2007 c.807 §16]
     Note: See note under 757.812.
     757.870 [1987 c.388 §2; 1989 c.5 §13; 1989 c.574 §6;
renumbered 759.040 in 1989]
     757.872
Equity and assets of incumbent utility held in trust; disclaimer of state
interest. (1) Any equity of
the incumbent utility, any electric utility assets of the incumbent utility or
any combination of equity and assets of the incumbent utility that Oregon
Community Power acquires under ORS 757.812 to 757.950 shall be held in trust by
Oregon Community Power, acting as a trustee, for the exclusive purpose of
carrying out the powers, rights and privileges of Oregon Community Power under
ORS 757.812 to 757.950 for the benefit of the retail electricity consumers of
Oregon Community Power. Notwithstanding any other provision of law, retail
electricity consumers of Oregon Community Power may not pursue any judicial
remedy in any court of this state for any action of Oregon Community Power,
except as provided in ORS 757.812 to 757.950.
     (2) The State of
     (3) Except as provided in ORS 757.812 to
757.950, Oregon Community Power may not receive any moneys from the State of
     (a) Electric utility operational revenues;
     (b) Public purpose charge revenues under
ORS 757.612;
     (c) Nonrecourse bond proceeds or proceeds
from any other nonrecourse borrowing; or
     (d) Loans, grants, payments or other
assistance that any local government as defined in ORS 174.116 would be
eligible to receive. [2007 c.807 §17]
     Note: See note under 757.812.
(Duties and
Powers of
     757.880
Board duties. The principal
duties of the board of directors of Oregon Community Power are to:
     (1) Establish policy and develop
consistent positions on core utility issues that promote and implement the
primary mission of Oregon Community Power under ORS 757.818;
     (2) Oversee the investments and operations
of Oregon Community Power;
     (3) Take all actions to ensure that
revenues and income from electric utility operations are sufficient to satisfy
all costs, including principal and interest payments on all outstanding bonds
and other debt obligations issued by Oregon Community Power, and to maintain
financial integrity in the operation of Oregon Community Power;
     (4) Make decisions that are in the best
interests of the consumers and communities within the service territory of
Oregon Community Power and that are consistent with the primary mission of
Oregon Community Power; and
     (5) Consider the social, economic and
environmental impacts of electricity generation, transmission and distribution
in board decision-making. [2007 c.807 §18]
     Note: See note under 757.812.
     757.883
Payments in lieu of property taxes. (1) Oregon Community Power shall make payments in lieu of property
taxes on all property that would otherwise be subject to assessment under ORS
308.505 to 308.665 if owned by a taxable owner. Oregon Community Power shall
pay to each county in which property of Oregon Community Power is located an
amount equal to the ad valorem property taxes that would have been charged by
the county if Oregon Community Power property had been assessed to a taxable
owner as of January 1 of the assessment year for which payment is being made.
     (2) The Department of Revenue shall
determine the assessed value of Oregon Community Power property as if the
property were subject to assessment under ORS 308.505 to 308.665, and shall
transmit the value information as provided in ORS 308.505 to 308.665 to the
appropriate county assessor. Oregon Community Power shall comply with property
reporting requirements under ORS 308.505 to 308.665 as if the property were
subject to assessment under ORS 308.505 to 308.665.
     (3) The amount of the in lieu payment to
be made to each county under this section shall be determined and certified
annually by the county assessor of the county. A notice of the determination
and certification shall be mailed to Oregon Community Power not later than
October 15. The notice shall contain a statement of the value of the property
and a complete explanation of the method used in computing the amount of the in
lieu payment due under this section. Not later than November 15, Oregon
Community Power shall pay the amount due to each county under this section,
less a discount equivalent to that which is provided in ORS 311.505. Payment
shall be made to the county treasurer. The county treasurer shall distribute the
payment to the taxing districts of the county in accordance with the schedule
of percentages computed under ORS 311.390. [2007 c.807 §19]
     Note: See note under 757.812.
     757.886
Powers of
     (1) To acquire and hold, including by
lease-purchase agreement, real and other property necessary or incident to the
business of Oregon Community Power, within or outside of, or partly within or
partly outside of, the service territory of Oregon Community Power, and to sell
or dispose of that property.
     (2) To execute contracts to purchase, sell
or lease assets, power, services or property.
     (3) To execute contracts for the
management or operation of any Oregon Community Power facilities.
     (4) To issue bonds, notes or otherwise
borrow moneys, incur indebtedness or issue, sell or assume evidence of
indebtedness to the extent allowed under the Oregon Constitution.
     (5) To sue and be sued.
     (6) To refund and retire any indebtedness
that may exist against or be assumed by Oregon Community Power or that may
exist against the revenues of Oregon Community Power.
     (7) To build, acquire, own, operate and
maintain generation, transmission and distribution resources that are
sufficient to maintain an adequate supply of electricity to the service
territory.
     (8) To enter into agreements with local
governments or other state agencies or subdivisions of state government.
     (9) To periodically develop least-cost
plans at regular intervals. A least-cost plan may be developed only with public
participation. A least-cost plan shall take into consideration economic and
environmental risks of providing adequate and reliable energy for consumers,
energy efficiency, renewable resources and cogeneration, in order to achieve
adequate resources at the least overall cost.
     (10) To oversee all aspects of Oregon Community
Power operations.
     (11) To hire and fire employees of Oregon
Community Power.
     (12) To make contracts, to set wages, to
set salaries and provide compensation for services rendered by employees and by
board members, to provide for life insurance, hospitalization, disability,
health and welfare and retirement plans for employees and to do all things
necessary and convenient for full exercise of the powers granted in this
subsection. The provision of life insurance, hospitalization, disability, health
and welfare and retirement plans for employees is in addition to any other
right or power of Oregon Community Power to participate in those plans and does
not repeal or modify any statutes except those that may be in conflict with the
provision of life insurance, hospitalization, disability, health and welfare
and retirement plans.
     (13) To enter into contracts with the
United States Government, with any other state, municipality or utility
district or with any other person, for carrying out any provisions of ORS
757.812 to 757.950.
     (14) To fix, maintain and collect electric
energy rates as prescribed in ORS 757.812 to 757.950 and to establish and
collect charges for any other commodity or service furnished, developed or sold
by Oregon Community Power.
     (15) To construct works across or along
any street or public highway or over any lands that are the property of this
state, or of any city or other subdivision of this state, subject to any
franchise agreement, privilege tax or municipal regulation that would apply to
the works, and to construct works across or along any stream of water or
watercourse. Any works across or along any state highway shall be constructed
only with the permission of the Department of Transportation. Any works across
or along any county highway shall be constructed only with the permission of
the county governing body. Any works across or along any city street shall be
constructed only with the permission of the city governing body and upon
compliance with applicable city regulations and payment of any fees called for
under applicable franchise agreements, intergovernmental agreements under ORS
chapter 190 or contracts providing for payment of these fees. Oregon Community
Power shall restore any street or highway to its former state as near as may be
practicable, and may not use the street or highway in a manner that impairs its
usefulness unnecessarily.
     (16) To enter into franchise agreements
with cities and pay fees under negotiated franchise agreements,
intergovernmental agreements under ORS chapter 190 and contracts providing for
the payment of such fees, and to pay privilege taxes imposed under ORS 221.450
or other applicable privilege taxes.
     (17) To exercise the power of eminent
domain, as prescribed in ORS 757.852 or 757.890.
     (18) To adopt bylaws as prescribed in ORS
757.905.
     (19) To make payments in lieu of property
taxes as prescribed in ORS 757.883.
     (20) To acquire property, execute
contracts or otherwise conduct business with or within the territory of any
state or local government that is outside
     (21) To execute any contract necessary to
acquire, hedge or sell fuel or energy in any form, to manage electric utility
operations, to construct, maintain or repair any energy generation or
transmission facilities or equipment, to increase capacity for energy
generation or transmission, to transfer any asset owned by Oregon Community
Power or to acquire any asset for use in electric utility operations conducted
by Oregon Community Power.
     (22) To establish any funds or accounts at
depository banks or other financial institutions that are determined to be
necessary, useful or convenient for the conduct of business by Oregon Community
Power.
     (23) To take any other actions necessary
or convenient for the proper exercise of the powers granted to Oregon Community
Power by ORS 757.812 to 757.950. [2007 c.807 §20]
     Note: See note under 757.812.
     757.890
Eminent domain. (1) Oregon
Community Power may exercise the power of eminent domain for the purpose of
acquiring any property, within or outside the service
     (2) Notwithstanding subsection (1) of this
section, eminent domain may not be used:
     (a) To acquire service territory of
another electric utility; or
     (b) To acquire any property for a purpose
that is unrelated to electric utility operations. [2007 c.807 §21]
     Note: See note under 757.812.
(Rates)
     757.895
Ratemaking. (1) The board of
directors of Oregon Community Power shall establish rates for the provision of
electricity within the service
     (2) The board shall establish a rate
structure under which rates that apply to a specific class of customers are
designed to recover the costs of providing electricity and related services to
that class of customers.
     (3) The rates adopted by the board shall
be sufficient to accomplish the following purposes:
     (a) To properly maintain and operate all
Oregon Community Power property and facilities;
     (b) To recover the overall costs of the
electric utility operations of Oregon Community Power;
     (c) To reflect the income tax exempt
status of Oregon Community Power so that the savings from tax exemption accrue
to the benefit of the customers of Oregon Community Power;
     (d) To pay all franchise fees, in lieu
payments, privilege taxes and other charges and assessments that are properly
imposed on Oregon Community Power or the property or facilities of Oregon
Community Power;
     (e) To pay principal and interest on all
bonds, warrants or other obligations of any character in accordance with the
terms and provisions of the obligations, including but not limited to bonds
issued by Oregon Community Power for an acquisition described in ORS 757.812 to
757.950;
     (f) To pay any other indebtedness or
obligation for which Oregon Community Power may be obligated to pay;
     (g) To pay any debt administration costs
associated with bonds, warrants, obligations or other indebtedness described in
paragraphs (e) and (f) of this subsection;
     (h) To fund operating reserves in
sufficient amounts to ensure the continued efficient operation of Oregon
Community Power; and
     (i) To establish and maintain any special
funds that Oregon Community Power is obligated to create for the purpose of
paying bond issues or other obligations. [2007 c.807 §22]
     Note: See note under 757.812.
     757.897
Notice of ratemaking; ratemaking hearings. (1) Whenever the board of directors of Oregon Community Power
determines to seek a modification in any rate imposed by the board for
electricity service, the board shall give notice of a ratemaking hearing, at
least 30 days in advance, as follows:
     (a) In newspapers of general circulation
that are published in the service territory;
     (b) As a separate insert accompanying
billing statements sent to customers;
     (c) To persons that have requested notice
of ratemaking action by the board; and
     (d) By publication on the Oregon Community
Power website.
     (2) The notice shall state:
     (a) The date, time and location of the
ratemaking hearing of the board;
     (b) The new rates or modifications to
existing rates being proposed by the board; and
     (c) Any other information deemed relevant
by the board.
     (3) At the time that the board issues a
notice of a ratemaking hearing, the board shall publish on the Oregon Community
Power website or otherwise make available to the public the underlying utility
information upon which the proposed rates are based. The board shall provide
the specific information required by bylaws adopted under ORS 757.905 (1).
     (4)(a) Pursuant to ORS 183.625, the board
shall request, and the Office of Administrative Hearings shall assign, an
administrative law judge to conduct the ratemaking hearing. The ratemaking
hearing shall be conducted under ratemaking hearing procedures established by
bylaws adopted under ORS 757.905 (2). The hearing shall be conducted in a
manner that allows interested parties to present information and argument and
to establish a record upon which the board may establish or modify rates
pursuant to ORS 757.895.
     (b) The administrative law judge shall
ensure that the rates established at the ratemaking hearing are sufficient to
accomplish all of the purposes described in ORS 757.895 (3).
     (5) Notwithstanding ORS 757.822, a
decision by the board to establish or modify rates may be appealed as a
contested case under ORS chapter 183. [2007 c.807 §23]
     Note: See note under 757.812.
(Participation
by CitizensÂ’ Utility Board)
     757.900
Intervention by CitizensÂ’ Utility Board in proceedings. (1) Whenever the CitizensÂ’ Utility Board of
Governors determines that an Oregon Community Power proceeding may affect the
interests of utility consumers, the CitizensÂ’ Utility Board may intervene as of
right as an interested party or otherwise participate in the proceeding.
     (2) The Citizens’ Utility Board shall have
standing to obtain judicial or administrative review of any action of Oregon
Community Power, and may intervene as of right as an interested party or
otherwise participate in any proceeding that involves the review or enforcement
of any action by Oregon Community Power, if the CitizensÂ’ Utility Board of
Governors determines that the action may affect the interests of utility
consumers. [2007 c.807 §24]
     Note: See note under 757.812.
(Audits)
     757.902
Annual audit of
     Note: See note under 757.812.
(Bylaws)
     757.905
Adoption of bylaws. The
board of directors of Oregon Community Power may adopt bylaws necessary to
administer ORS 757.812 to 757.950, including but not limited to:
     (1) Bylaws establishing the information
the board must make available to the public prior to conducting a ratemaking
hearing.
     (2) Bylaws establishing procedures for
conducting a ratemaking hearing that provide for substantially the same
procedures as set forth in ORS 183.415, 183.425, 183.440 and 183.450.
     (3) Bylaws to facilitate the
implementation of the primary mission of Oregon Community Power under ORS 757.818.
[2007 c.807 §26]
     Note: See note under 757.812.
(Electricity
From Bonneville Power Administration)
     757.910
Policy. (1) The Legislative
Assembly declares that it is the policy of the State of
     (a) Ensure that the formation and operation
of Oregon Community Power does not directly or indirectly diminish the amount
of federal electric power available for purchase by consumer-owned utilities to
serve their retail electricity consumers;
     (b) Ensure that the formation and
operation of Oregon Community Power does not, directly or indirectly, increase
the lowest cost-based rates charged by the Bonneville Power Administration to
consumer-owned utilities for the purchase of federal electric power above the
level that would most likely have been charged absent the formation and
operation of Oregon Community Power;
     (c) Preserve the existing exclusive
distribution rights of consumer-owned utilities;
     (d) Ensure the preservation of contract
rights currently existing between consumer-owned utilities and an incumbent
utility;
     (e) Preserve the authority of cities to
impose franchise fees and privilege taxes and to execute contracts with Oregon
Community Power; and
     (f) Ensure that Oregon Community Power has
access to benefits from the Bonneville Power Administration, as mandated by the
federal Pacific Northwest Electric Power Planning and Conservation Act, that
are equivalent to the benefits received by the incumbent utility at the time
the utility is acquired by Oregon Community Power.
     (2) As used in this section, “federal
electric power” means electricity generated, distributed or sold by the
Bonneville Power Administration. [2007 c.807 §27]
     Note: See note under 757.812.
(Direct
Access)
     757.915
Definitions for ORS 757.915 to 757.930. As used in ORS 757.915 to 757.930:
     (1) “Ancillary services” has the meaning
given that term in ORS 757.600.
     (2) “Direct access” means the ability of a
retail electricity consumer to purchase electricity and ancillary services, as
determined by the board of directors of Oregon Community Power, directly from
an entity other than Oregon Community Power.
     (3) “Economic utility investment” means
all investments, including plants and equipment and contractual or other legal
obligations, made by Oregon Community Power and properly dedicated to
generation or conservation, the full benefits of which are no longer available
to consumers as a result of electing direct access, absent transition credits.
     (4) “Electricity,” “electricity services”
and “electricity service supplier” have the meanings given those terms in ORS
757.600.
     (5) “Nonresidential electricity consumer”
means a retail electricity consumer that is not a residential electricity
consumer.
     (6) “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 board and may include product and
pricing options offered by Oregon Community Power or by an electricity service
supplier.
     (7) “Retail electricity consumer” means
the end user of electricity for specific purposes that is served through the
distribution system of Oregon Community Power, whether or not the end user
purchases the electricity from Oregon Community Power.
     (8) “Transition charge” and “transition
credit” have the meanings given those terms in ORS 757.600.
     (9) “Uneconomic utility investment” means
all investments, including plants and equipment and contractual or other legal
obligations, made by Oregon Community Power and properly dedicated to
generation, conservation and workforce commitments, the full costs of which are
no longer recoverable as a result of direct access, absent transition charges. [2007
c.807 §28]
     Note: See note under 757.812.
     757.918
     (2) Unless the board of directors of
Oregon Community Power determines otherwise, Oregon Community Power shall
provide all retail electricity consumers of Oregon Community Power with a
regulated, cost-of-service rate option.
     (3)(a) Oregon Community Power shall supply
default electricity service to a nonresidential electricity consumer in an
emergency.
     (b) The board shall establish reasonable
terms and conditions for providing default service to a nonresidential
electricity consumer in circumstances in which the consumer is receiving
electricity services through direct access and elects instead to receive
electricity services through the default service.
     (4)(a) Oregon Community Power shall permit
retail electricity consumers that are eligible for direct access to voluntarily
aggregate their electricity loads.
     (b) 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. [2007 c.807 §29]
     Note: See note under 757.812.
     757.920
Rights of electricity service suppliers. (1) Every electricity service supplier is authorized to use the
distribution facilities of Oregon Community Power on a nondiscriminatory basis.
     (2) Oregon Community Power shall provide:
     (a) Electricity service suppliers and
retail electricity consumers access to the Oregon Community Power transmission
facilities and distribution system that is comparable to that provided for
Oregon Community PowerÂ’s own use; and
     (b) Electricity service suppliers and
retail electricity consumers timely access to information about the Oregon
Community Power transmission facilities and distribution system, metering and
loads comparable to that provided to Oregon Community PowerÂ’s own
nondistribution divisions, affiliates and related parties.
     (3) Oregon Community Power shall allow any
electricity service supplier that has been certified by the Public Utility
Commission to provide direct access to nonresidential electricity consumers. [2007
c.807 §30]
     Note: See note under 757.812.
     757.922
Transition credits and charges.
(1) Each retail electricity consumer of Oregon Community Power shall receive a
transition credit or pay a transition charge as determined under this section.
     (2) The total of all transition credits or
transition charges shall equal the net value of all economic utility
investments and all uneconomic utility investments of Oregon Community Power.
     (3) The board of directors of Oregon
Community Power shall adopt one of the following methods to establish the net
value described under subsection (2) of this section and all procedures
connected with the adopted method:
     (a) Auction;
     (b) Administrative valuation; or
     (c) Ongoing valuation.
     (4) The transition credit or transition
charge that applies to a retail electricity consumer under this section may
change to reflect the duration of the service option chosen by the consumer,
but may not be changed because of the electricity service supplier chosen by
the consumer. [2007 c.807 §31]
     Note: See note under 757.812.
     757.924
Portfolio access to electricity service providers. The board of directors of Oregon Community
Power shall determine whether and under what conditions Oregon Community Power
will offer retail electricity consumers portfolio access to electricity service
suppliers. The board shall have sole authority to determine:
     (1) The quality and nature of electricity
services, including but not limited to different product and pricing options,
that will 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) The degree to which provision of
portfolio access necessitates modification of transition credits, transition
charges and the net value described in ORS 757.922 (2) on which transition
credits or transition charges are based.
     (5) The establishment of technical
capability requirements, financial responsibility requirements and other
protections for retail electricity consumers located within the Oregon
Community Power service territory in dealings with electricity service
suppliers.
     (6) Access to or use of the Oregon
Community Power transmission facilities or distribution system by retail
electricity consumers or electricity service suppliers.
     (7) Oregon Community Power’s qualification
standards for electricity 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 suppliers
in a nondiscriminatory manner. [2007 c.807 §32]
     Note: See note under 757.812.
(Consumer-Owned
Utilities)
     757.930
Distribution rights; service territories. (1) Notwithstanding any other provision of law, a consumer-owned
utility has exclusive distribution rights, to the extent the distribution
rights are provided by law other than ORS 757.812 to 757.950, and exclusive
responsibility for the performance and oversight of:
     (a) The utility’s distribution system,
including the acquisition, construction, financing, operation and maintenance
of distribution facilities; and
     (b) Metering, billing, collection and
consumer response functions related to the distribution of electricity to
retail electricity consumers located within the utilityÂ’s service territory.
     (2) ORS 757.812 to 757.950 do not:
     (a) Diminish or enlarge the rights of any
person under ORS 758.400 to 758.475; or
     (b) Affect the administration or enforcement
of ORS 758.400 to 758.475. [2007 c.807 §33]
     Note: See note under 757.812.
(Financing
Agreements)
     757.935
Definitions for ORS 757.935 to 757.945. As used in ORS 757.935 to 757.945:
     (1) “Credit enhancement agreement” means
any agreement or contractual relationship between Oregon Community Power and
any bank, trust company, insurance company, surety bonding company, pension
fund or other financial institution providing additional credit on or security
for a financing agreement or certificates of participation authorized by ORS
757.935 to 757.945.
     (2) “Financing agreement” means a bond,
installment sale agreement, loan agreement, note, note agreement, short-term
promissory note, commercial paper, line of credit or similar obligation or any
other agreement to finance real or personal property, tangible or intangible,
that is or will be owned and operated by Oregon Community Power, to otherwise
borrow money, or to refinance previously executed financing agreements. [2007
c.807 §34]
     Note: See note under 757.812.
     757.937
Financing agreements authorized. (1) Oregon Community Power may enter into financing agreements in
accordance with ORS 757.935 to 757.945 upon such terms as the board of
directors of Oregon Community Power determines to be necessary or desirable.
Amounts payable by Oregon Community Power under a financing agreement shall be
limited to funds specifically pledged, budgeted for or otherwise made available
by Oregon Community Power. If there are insufficient available funds to pay
amounts due under a financing agreement, the lender may exercise any property
rights that Oregon Community Power has granted to the lender in the financing
agreement against the property that was purchased with the proceeds of the
financing agreement, and may apply the amounts so received toward payments
scheduled to be made by Oregon Community Power under the financing agreement.
     (2) Oregon Community Power may enter into
a financing agreement only following adoption by the board of directors of a
resolution authorizing the execution of the financing agreement or a series of
similar financing agreements.
     (3) Any obligation of any kind incurred by
Oregon Community Power shall state on its face that it is solely an obligation
of Oregon Community Power. [2007 c.807 §35]
     Note: See note under 757.812.
     757.940
Delegation of powers relating to financing agreements. The board of directors of Oregon Community
Power may delegate to any board member, or to the chief executive officer,
president, general manager or chief financial officer of Oregon Community
Power, the authority to determine maturity dates, principal amounts, redemption
provisions, interest rates or methods for determining variable or adjustable
interest rates, denominations, methods of sale, agreements for the exchange of
interest rates as an issuer under ORS 287.025 and other terms and conditions of
a financing agreement that are not appropriately determined at the time of
enactment or adoption of a resolution authorizing the execution of the
financing agreement. The board may also delegate entering into a financing
agreement or any other instrument authorized by law. This delegated authority
shall be exercised subject to applicable requirements of law and any
limitations and criteria as may be set forth in the resolution authorizing the
execution of a financing agreement or in Oregon Community Power bylaws. [2007
c.807 §36]
     Note: See note under 757.812.
     Note: 287.025 was repealed by section 234, chapter
783, Oregon Laws 2007. The text of 757.940 was not amended by enactment of the
Legislative Assembly to reflect the repeal. Editorial adjustment of 757.940 for
the repeal of 287.025 has not been made.
     757.942
Powers of
     (1) Enter into agreements with third
parties to hold financing agreement proceeds, payments and reserves as security
for lenders, and to issue certificates of participation in the right to receive
payments due from Oregon Community Power under a financing agreement. Amounts
so held shall be invested at the direction of the board of directors of Oregon
Community Power. Interest earned on any investments held as security for a
financing agreement may, at the option of the board, be credited to the
accounts held by the third party and applied in payment of sums due under a
financing agreement.
     (2) Enter into credit enhancement
agreements for financing agreements or certificates of participation, provided
that any credit enhancement agreements shall be payable solely from funds
specifically pledged, budgeted for or otherwise made available by Oregon
Community Power and amounts received from the exercise of property rights
granted under the financing agreements.
     (3) Use financing agreements to finance
the costs of acquiring or refinancing real or personal property, either
tangible or intangible, plus the costs of reserves and credit enhancements and
the costs associated with obtaining the financing.
     (4) Grant security interests in property
to trustees or lenders.
     (5) Make pledges for the benefit of
trustees and lenders.
     (6) Purchase fire and extended coverage or
other casualty insurance for property that is acquired or refinanced with
proceeds of a financing agreement, assign the proceeds thereof to a lender or trustee
to the extent of their interest, and covenant to maintain any insurance while
the financing agreement is unpaid, as long as available funds are sufficient to
purchase the insurance. [2007 c.807 §37]
     Note: See note under 757.812.
     757.945
Consultation with State Treasurer. Oregon Community Power may consult with and obtain advice from the
State Treasurer on proposed or executed financing agreements. The State
Treasurer may recover from Oregon Community Power any costs incurred by the
State Treasurer in providing consultation and advice. [2007 c.807 §38]
     Note: See note under 757.812.
(Revenue
Bonds)
     757.950
Authorization to issue and sell revenue bonds. (1) Oregon Community Power may issue and
sell revenue bonds in accordance with the provisions of the Uniform Revenue
Bond Act under ORS 288.805 to 288.945. However, ORS 288.815 does not apply to
revenue bonds issued by Oregon Community Power. Revenue bonds issued by Oregon
Community Power may not be a general obligation of Oregon Community Power and
may not be a charge upon any revenues or property of Oregon Community Power
that is not specifically pledged thereto. Any obligation of any kind incurred
by Oregon Community Power under ORS 288.805 to 288.945 is not, and may not be
considered, an indebtedness of the State of
     (2) Revenue bonds or other financing
agreements issued by Oregon Community Power pursuant to ORS 288.805 to 288.945
shall be considered to be bonds or obligations of a political subdivision of
the State of
     Note: See note under 757.812.
     Note: 288.805 to 288.945 (the Uniform Revenue Bond
Act) and 288.815 were repealed by section 234, chapter 783, Oregon Laws 2007.
The text of 757.950 was not amended by enactment of the Legislative Assembly to
reflect the repeal. Editorial adjustment of 757.950 for the repeal of 288.805
to 288.945 and 288.815 has not been made.
(City Rights
of Way)
     757.954
CityÂ’s authority to control, and collect charges for, use of rights of way. ORS 757.812 to 757.950 do not diminish, or
authorize the adoption of rules that diminish, the authority of a city to
control the use of the cityÂ’s rights of way or to collect license fees,
privilege taxes, rent or other charges for the use of the rights of way of the
city. [2007 c.807 §42]
     Note: See note under 757.812.
PENALTIES
     757.990
Penalties. (1) Any person or
municipality, or their agents, lessees, trustees or receivers, who omits, fails
or refuses to do any act required by ORS 757.035, or fails to comply with any
orders, rules or regulations of the Public Utility Commission made in pursuance
of ORS 757.035, shall forfeit and pay into the State Treasury a sum of not less
than $100, nor more than $10,000 for each such offense.
     (2) Any public utility violating ORS
757.310 commits a Class A violation and upon conviction the court shall impose
a fine of not less than $100. Violation of ORS 757.310 by an officer or agent
of a public utility is punishable, upon conviction, by a fine of not less than
$50 nor more than $100 for each offense.
     (3) Any person violating ORS 757.325
shall, upon conviction, forfeit and pay to the State Treasurer not less than
$100 and not more than $10,000 for each offense. Violation of ORS 757.325 by
any agent or officer of any public utility or person is punishable, upon
conviction, by a fine of not less than $100 and not more than $1,000 for each
offense.
     (4) Violation of ORS 757.330 is a Class A
violation.
     (5) Violation of ORS 757.445 is
punishable, upon conviction, by a fine of not less than $500 nor more than
$20,000 for each offense.
     (6) Violation of ORS 757.450 is a felony
and is punishable, upon conviction, by a fine of not less than $1,000 nor more
than $20,000, or by imprisonment in the custody of the Department of
Corrections for not less than one nor more than five years, or both. [Amended
by 1971 c.655 §95; 1979 c.990 §428; 1987 c.320 §245; 1999 c.1051 §224]
     757.991
Civil penalty for noncompliance with gas regulations. Any person or municipality, or their agents,
lessees, trustees or receivers, engaged in the management, operation, ownership
or control of facilities for the transmission or distribution of gas by
pipeline, or facilities for the storage or treatment of gas to be transmitted
or distributed by pipeline, who fails to do any act required by ORS 757.039, or
fails to comply with any orders, rules or regulations of the Public Utility
Commission made in pursuance of ORS 757.039, shall forfeit and pay into the
State Treasury a civil penalty not to exceed $10,000 for each such failure for
each day such failure persists, except that the maximum civil penalty shall not
exceed $500,000 for any related series of failures. [1969 c.372 §4; 1991 c.199 §1]
     757.992 [Formerly 758.990; renumbered 165.990]
     757.993
Penalty for violation of utility excavation notification provisions. (1) Except as provided in subsection (2) of
this section and in addition to all other penalties provided by law, every
person who violates or who procures, aids or abets in the violation of any rule
of the Oregon Utility Notification Center shall incur a penalty of not more
than $1,000 for the first violation and not more than $5,000 for each
subsequent violation.
     (2) In addition to all other penalties
provided by law, every person who intentionally violates or who intentionally
procures, aids or abets in the violation of any rule of the
     (3) Each violation of any rule of the
     (4) Penalties under this section shall not
be imposed except by order following complaint as provided in ORS 756.500 to
756.610. A complaint must be filed within two years following the date of the
violation.
     (5) The Public Utility Commission may
reduce any penalty provided in this section on such terms as the commission
considers proper if:
     (a) The defendant admits to the violation
or violations alleged in the complaint and makes a timely request for reduction
of the penalty; or
     (b) The defendant submits to the
commission a written request for reduction of the penalty within 15 days from
the date of the penalty order.
     (6) If the amount of the penalty is not
paid to the commission, the Attorney General, at the request of the commission,
shall bring an action in the name of the State of
     (7) Notwithstanding any other provision of
law, the commission shall pay penalties recovered under this section to the
     (8) The commission shall not seek
penalties under this section except in response to a complaint alleging a
violation of a rule or rules adopted by the
     757.994
Civil penalty for violation of statute, rule or order related to water
utilities. (1) In addition
to all other penalties provided by law, a person who violates any statute, rule
or order of the Public Utility Commission related to water utilities is subject
to a civil penalty of not more than $500 for each violation. The commission may
require that penalties imposed under this section be used for the benefit of
the customers of water utilities affected by the violation.
     (2) Notwithstanding ORS 183.745 (7)(d),
183.315 (6) and 756.500 to 756.610, civil penalties under this section must be
imposed by the commission as provided in ORS 183.745. [2003 c.202 §3]
     Note: 757.994 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.
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