2007 Oregon Code - Chapter 758 :: Chapter 758 - Utility Rights of Way and Territory Allocation - Cogeneration
Chapter 758 —
Utility Rights of Way and Territory Allocation; Cogeneration
2007 EDITION
RIGHTS OF WAY; ALLOCATION; COGENERATION
UTILITY REGULATION
RIGHTS OF WAY
758.010Â Â Â Â Authority
to construct lines and facilities; requirements and conditions
758.015Â Â Â Â Certificate
of public convenience and necessity
758.020Â Â Â Â Joint
occupancy of poles
758.035Â Â Â Â CommissionÂ’s
power to enforce joint use of facilities
UNDERGROUND ELECTRIC AND COMMUNICATIONS
FACILITIES
758.210Â Â Â Â Policy
758.215Â Â Â Â Definitions
for ORS 758.210 to 758.270
758.220Â Â Â Â Authority
for conversion to underground facilities; formation of assessment district
758.225Â Â Â Â Petition,
ordinance or resolution for conversion; contents; filing
758.230Â Â Â Â Assessment
procedure; objections to conversion
758.235Â Â Â Â Applicability
of local improvement laws; issuance of bonds
758.240Â Â Â Â Contract
with utility for conversion
758.245Â Â Â Â Payment
of costs for conversion; removal of overhead facilities
758.250Â Â Â Â Conversion
of facilities on private lands; procedure; payment of costs
758.255Â Â Â Â Discontinuance
of utility service for noncompliance with conversion provisions
758.260Â Â Â Â Competitive
bidding for utility conversion
758.265Â Â Â Â Overhead
facilities in assessment district after conversion
758.270Â Â Â Â Effect
of ORS 758.210 to 758.270 on existing laws and rights
LIABILITY OF ELECTRIC UTILITY FOR PRUNING AND
REMOVING VEGETATION
758.280Â Â Â Â Definitions
for ORS 758.280 to 758.286
758.282Â Â Â Â Immunity
of electric utility for pruning or removing vegetation in certain cases
758.284Â Â Â Â Immunity
of electric utility for pruning or removing vegetation in other cases; notice
to property owner
758.286Â Â Â Â Immunity
not applicable to liability for cost of abating fires
WATER UTILITIES
758.300Â Â Â Â Definitions
for ORS 758.300 to 758.320
758.302Â Â Â Â Application
for exclusive service territory
758.305Â Â Â Â Exclusive
service territories
758.310Â Â Â Â Assignment
or transfer of rights in exclusive service territory; approval of commission
758.315Â Â Â Â Water
utility service provided by persons not designated by commission; remedy
758.320Â Â Â Â Application
of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations;
existing franchise; exception
ELECTRIC AND GAS UTILITIES; ALLOCATION OF
TERRITORIES AND CUSTOMERS
758.400Â Â Â Â Definitions
for ORS 758.015 and 758.400 to 758.475
758.405Â Â Â Â Purpose
of ORS 758.400 to 758.475
758.410Â Â Â Â Contracts
for allocation of territories and customers; transfer of facilities
758.415Â Â Â Â Enforceability
of contract approved by commission; conditions for approval
758.420Â Â Â Â Filing
of contract; hearing on contract; notice
758.425Â Â Â Â Order
of commission on contract
758.430Â Â Â Â Amendment
of contract; approval of commission
758.435Â Â Â Â Application
for allocation of territory; hearing; notice
758.440Â Â Â Â Order
of commission on application
758.445Â Â Â Â Judicial
review of order on application
758.450Â Â Â Â Contract
required for allocation of territory; prohibited activities; exceptions; third
party financing
758.455Â Â Â Â Investigation
by commission respecting contracts or applications; hearing procedure
758.460Â Â Â Â Assignment
or transfer of rights acquired by allocation; approval of commission
758.465Â Â Â Â Enforcement
procedure
758.470Â Â Â Â Application
to cities, municipalities and cooperatives of ORS 758.400 to 758.475
758.475Â Â Â Â Fees
TROJAN NUCLEAR PLANT
758.480Â Â Â Â Assumption
of obligations arising out of Trojan Nuclear Plant
COGENERATION AND SMALL POWER PRODUCTION
FACILITIES
758.505Â Â Â Â Definitions
for ORS 758.505 to 758.555
758.515Â Â Â Â Legislative
findings
758.525Â Â Â Â Avoided
cost schedules; filing; requirement to purchase energy from qualifying
facilities
758.535Â Â Â Â Criteria
for qualifying facility; terms and conditions of energy sale
758.545Â Â Â Â Electric
utility required to make good faith effort to transmit energy; remedy
758.555Â Â Â Â Effect
of energy sales on qualifying facility
RIGHTS OF WAY
     758.010
Authority to construct lines and facilities; requirements and conditions. (1) Except within cities, any person or
corporation has a right and privilege to construct, maintain and operate its
water, gas, electric or communication service lines, fixtures and other
facilities along the public roads in this state, as defined in ORS 368.001 or
across rivers or over any lands belonging to the state, free of charge, and
over lands of private individuals, as provided in ORS 772.210. Such lines,
fixtures and facilities shall not be constructed so as to obstruct any public
road or navigable stream.
     (2) A county governing body and the
Department of Transportation have authority to designate the location upon
roads under their respective jurisdiction, outside of cities, where lines,
fixtures and facilities described in this section may be located, and may order
the location of any such line, fixture or facility to be changed when such
governing body or department deems it expedient. Any line, fixture or facility
erected or remaining in a different location upon such road than that
designated in any order of the governing body or department is a public
nuisance and may be abated accordingly.
     (3) The state officer, agency, board or
commission having jurisdiction over any land belonging to the state with respect
to which the right and privilege granted under subsection (1) of this section
is exercised may impose reasonable requirements for the location, construction,
operation and maintenance of the lines, fixtures and facilities on such land.
The person or corporation exercising such right and privilege over any land
belonging to the state shall pay the current market value for the existing
forest products that are damaged or destroyed in exercising such right and
privilege. Such right and privilege of any person or corporation is conditioned
upon compliance with the requirements imposed by this subsection. [Amended by
1955 c.123 §1; 1971 c.655 §100; 1981 c.153 §76; 2001 c.664 §§3,6]
     758.015
Certificate of public convenience and necessity. (1) When any person, as defined in ORS
758.400, providing electric utility service, as defined in ORS 758.400, or any
transmission company, proposes to construct an overhead transmission line which
will necessitate a condemnation of land or an interest therein, it shall petition
the Public Utility Commission for a certificate of public convenience and
necessity setting forth a detailed description and the purpose of the proposed
transmission line, the estimated cost, the route to be followed, the
availability of alternate routes, a description of other transmission lines
connecting the same areas, and such other information in such form as the
commission may reasonably require in determining the public convenience and
necessity.
     (2) The commission shall give notice and
hold a public hearing on such petition. The commission, in addition to
considering facts presented at such hearing, shall make the commissionÂ’s own
investigation to determine the necessity, safety, practicability and
justification in the public interest for the proposed transmission line and
shall enter an order accordingly. The order shall be subject to review as in
other cases. In any proceeding for condemnation, a certified copy of such order
shall be conclusive evidence that the transmission line for which the land is
required is a public use and necessary for public convenience.
     (3) This section shall not apply to
construction of transmission lines in connection with a project for which a
permit or license is otherwise obtained pursuant to state or federal law.
     (4) As used in this section and ORS
758.020, “transmission company” means a person or entity that owns or operates
high voltage transmission lines and is subject to the jurisdiction of the
Federal Energy Regulatory Commission. “Transmission company” does not include a
cooperative organized under ORS chapter 62. [1961 c.691 §19; 2001 c.913 §6]
     758.020
Joint occupancy of poles.
(1) The county court, board of county commissioners or the Department of
Transportation, when designating the location where poles or other aboveground
facilities described in ORS 758.010 may be placed on a road or highway which
fronts on the ocean or on a river or other body of water and the water frontage
of the highway is being developed or maintained for its scenic or recreational
value, may require all lines to occupy the opposite side of the right of way,
if such joint occupancy can be maintained without undue impairment of service
or damage to public life and property.
     (2) If the owners of such lines are unable
to agree on the terms and conditions of joint occupancy, such department, court
or board shall request the Public Utility Commission to determine the
practicability of such joint occupancy and the effect thereof upon adequate and
safe service by the prospective joint occupants, the location of the lines,
and, if found to be practicable, to fix and prescribe the terms and conditions
pursuant to which joint occupancy shall be accomplished. Before making or
entering an order, such commission shall hold a hearing and make findings in
accordance with ORS 756.500 to 756.610. The order of the commission is subject
to judicial review as an order in a contested case in the manner provided by
ORS 756.610. In fixing terms and conditions pursuant to which joint occupancy
shall be accomplished, the Public Utility Commission shall require the
installation by each occupant of standards, devices and equipment reasonably
necessary to protect the equipment of the other occupants from damage and the
public from injury arising from such joint occupancy.
     (3) The right of any public utility,
telecommunications utility or transmission company to construct, maintain and
operate on a public highway poles or fixtures is contingent on compliance with
reasonable requirements established by the Department of Transportation, county
courts, boards of county commissioners or the Public Utility Commission under
authority of this section and ORS 758.010. Such rights are likewise contingent
and conditioned on all facilities, equipment and installations being
constructed and maintained in strict conformance with modern and approved
standards. [Amended by 1971 c.655 §102; 1987 c.447 §98; 2001 c.913 §7; 2005
c.638 §11]
     758.030 [Renumbered 271.440]
     758.035
CommissionÂ’s power to enforce joint use of facilities. (1) Every public utility, telecommunications
utility, person, association or corporation having conduits, subways, street
railway tracks, poles or other equipment on, over or under any street or
highway shall for a reasonable compensation permit the use of the same by any
public utility or telecommunications utility whenever public convenience or
necessity requires such use and such use will not result in irreparable injury
to the owner or other users of such equipment nor in any substantial detriment
to the service to be rendered by such owners or other users.
     (2) In case of failure to agree upon such
use or the conditions or compensation for such use, any public utility,
telecommunications utility, person, association or corporation interested may
apply to the Public Utility Commission, and if after investigation the
commission ascertains that public convenience or necessity requires such use
and that it would not result in irreparable injury to the owner or other users
of such equipment, the commission shall by order direct that such use be
permitted and prescribe reasonable conditions and compensation for such joint
use.
     (3) The use so ordered shall be permitted
and the prescribed conditions and compensation shall be the lawful conditions
and compensation to be observed, followed and paid. The order of the commission
is subject to judicial review as an order in a contested case in the manner
provided by ORS 756.610. The order may be modified by the commission upon
application of any interested party or upon the commissionÂ’s own motion. All
public utilities and telecommunications utilities shall afford all reasonable
facilities and make all necessary regulations for the interchange of business,
or traffic carried or their product between them, when ordered by the
commission so to do. [Formerly 757.040; 1987 c.447 §99; 2005 c.638 §12]
     758.040 [Renumbered 757.606]
     758.050 [Renumbered 757.611]
     758.060 [Amended by 1971 c.743 §426; renumbered
757.616]
     758.070 [Renumbered 757.621]
     758.080 [Renumbered 757.626]
     758.090 [Renumbered 757.631]
     758.100 [Renumbered 757.636]
     758.110 [Renumbered 757.641]
UNDERGROUND
ELECTRIC AND COMMUNICATIONS FACILITIES
     758.210
Policy. The legislature
finds that in many areas of this state landowners, utilities and public
authorities desire to convert existing overhead electric and communication
facilities to underground facilities by means of special assessment
proceedings. The legislature declares that a public purpose will be served and
that the public welfare will be promoted by providing a procedure to accomplish
such conversion by special assessment proceedings and that it is in the public
interest for such conversion to be accomplished as provided in ORS 758.210 to
758.270. [1969 c.385 §1]
     758.215
Definitions for ORS 758.210 to 758.270. As used in ORS 758.210 to 758.270, unless the context requires
otherwise:
     (1) “Convert,” “converting” or “conversion”
means the removal of overhead electric or communication facilities and the
replacement thereof with underground electric or communication facilities at
the same or different locations.
     (2) “Electric or communication facilities”
means any works or improvements used or useful in providing electric or
communication service, including but not limited to poles, supports, tunnels,
manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms,
crossarms, braces, transformers, insulators, cutouts, switches, capacitors,
meters, communication circuits, appliances, attachments and appurtenances, and
all related facilities required for the acceptance of electric or communication
services; however:
     (a) “Electric facilities” does not include
any facilities used or intended to be used for the transmission of electric
energy at nominal voltages in excess of 35,000 volts.
     (b) “Communication facilities” does not
include facilities used or intended to be used for the transmission of
intelligence by microwave or radio, apparatus cabinets or outdoor public
telephones.
     (c) “Electric or communication facilities”
does not include any electric or communication facilities owned or used by or
provided for a railroad or pipeline and located upon or above the right of way
of the railroad or pipeline.
     (3) “Landowner” or “owner” means the owner
of the title to real property or the contract purchaser of real property of
record as shown on the last available complete assessment roll in the office of
the county assessor.
     (4) “Overhead electric or communication
facilities” means electric or communication facilities located above the
surface of the ground.
     (5) “Public authority” means a city or
county.
     (6) “Public lands and right of way”
includes rights of way for streets, roads and highways and all land or
interests in land owned by a public authority.
     (7) “Underground assessment district” or “district”
means an assessment district created as provided by ORS 758.210 to 758.270.
     (8) “Underground electric or communication
facilities” means electric or communication facilities located below the
surface of the ground exclusive of those facilities such as substations,
transformers, pull boxes, service terminals, pedestal terminals, splice
closures, apparatus cabinets and similar facilities which normally are above
the surface in areas where utility facilities are underground in accordance
with standard underground practices.
     (9) “Utility” means any electric or
communication utility described by ORS 757.005 or any telecommunications
utility described by ORS 759.005, 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 consumers. [1969 c.385 §2; 1971
c.360 §1; 1987 c.447 §100]
     758.220
Authority for conversion to underground facilities; formation of assessment
district. (1) A public
authority shall have the power to require the conversion of overhead electric
or communication facilities to underground facilities; to provide and receive
funds to pay for such conversion; and to assess the whole or any part of the
cost thereof against the real property included in the underground assessment
district specially benefited by such conversion.
     (2) An underground assessment district
shall include an area having a frontage of not less than 400 feet upon a public
street, road or highway along which overhead electric or communication
facilities are located.
     (3) An underground assessment district:
     (a) Created by a city, may include area
along city streets, county roads and state highways or any part thereof located
within the district.
     (b) Created by a county, may include areas
along county roads, state highways or any part thereof located within the
district. [1969 c.385 §3]
     758.225
Petition, ordinance or resolution for conversion; contents; filing. (1) A proceeding for conversion may be
initiated:
     (a) By a petition signed by not less than
60 percent of the landowners within the proposed assessment district who own
not less than 60 percent of the land area within the district; or
     (b) By an ordinance or resolution of a
public authority declaring its intention to order a conversion.
     (2) A petition shall:
     (a) Describe the proposed boundaries of
the assessment district;
     (b) Generally describe the proposed conversion;
and
     (c) Request that a proceeding for such
conversion be taken pursuant to ORS 758.210 to 758.270.
     (3) The petition shall be filed with the
city recorder, county clerk or other person designated by the public authority
to receive the petition and to verify the signatures. If the petition is signed
by the requisite number of qualified signers, the official so designated shall
execute a certificate of sufficiency and present the petition and certificate
to the governing body of the city or to the county court or board of county
commissioners, as the case may be. [1969 c.385 §4]
     758.230
Assessment procedure; objections to conversion. (1) Upon presentation of the petition and
certificate of sufficiency, or upon adoption of an ordinance or resolution, the
public authority shall proceed in the manner provided by ORS 223.389.
     (2) Unless the charter of a county
provides otherwise, a county shall declare a proposed conversion abandoned if,
after notice as provided by ORS 223.389, objections to the conversion are
received by a county court or board of county commissioners signed by more than
50 percent of the landowners within the proposed assessment district who own
more than 50 percent of land within the district. If a proposed conversion is
abandoned because of objections, no new proceeding for the conversion shall be
undertaken within a period of one year thereafter. [1969 c.385 §5]
     758.235
Applicability of local improvement laws; issuance of bonds. Unless otherwise provided by ORS 758.210 to
758.270, the provisions relating to the procedure for local improvements in
cities, as set forth in ORS 223.205, 223.210 to 223.295, 223.387 to 223.399,
223.401, 223.405 to 223.485, 223.505 to 223.595, 223.610, 223.615 to 223.650
and 223.770, apply to proceedings for a conversion by a city or county under
ORS 758.210 to 758.270. In a proceeding conducted by a county, where the
statutes referred to in this section refer to officials of cities, the
corresponding officials of the county shall perform the required functions,
unless otherwise provided by order of the county court or board of county
commissioners. Cities and counties may, as provided by ORS 223.205 and 223.210
to 223.295, issue improvement bonds in the total amount of the valid
applications received to pay assessments in installments. [1969 c.385 §6; 1995
c.333 §20]
     758.240
Contract with utility for conversion. (1) When a public authority in accordance with ORS 758.230 determines
that a conversion shall be made, it may contract with the utilities supplying electric
or communication service within the underground assessment district to perform
the conversion. A contract shall provide:
     (a) A description of the electric and
communication facilities to be converted;
     (b) That plans and specifications for such
conversion shall be supplied or approved by the affected utility;
     (c) The time and manner in which
underground electric and communication facilities will be installed and
overhead electric and communication facilities will be removed;
     (d) The estimated cost of converting
overhead facilities located on public lands and right of way to underground
facilities;
     (e) The estimated cost of converting
related utility service facilities located on privately owned lots and parcels;
     (f) The time and manner of making payments
and the source of funds for such payments; and
     (g) That upon completion of the work of
conversion, the utility performing the conversion shall have legal title to the
electric or communication facilities, which shall thereafter constitute a part
of a system of the utility and be used, operated, maintained and managed by it
as part of its system.
     (2) Upon approval and execution of the
conversion contracts by the utilities and public authority, the public
authority shall direct the utilities owning overhead electric or communication
facilities within the district to convert such facilities as required by the
contract. [1969 c.385 §7]
     758.245
Payment of costs for conversion; removal of overhead facilities. Upon completion of the conversion of the
overhead electric or communication facilities on public lands and right of way
to underground, the affected utility shall file a verified statement of the
costs of such conversion with the public authority. The public authority shall
adopt an ordinance assessing the whole or any part of the cost of the
conversion against the real property in the underground assessment district
specifically benefited and shall promptly thereafter mail to each landowner a
statement of the amount of such costs assessed to the property of the
landowner. With the statement the public authority shall mail to each landowner
a notice stating that:
     (1) Service from the underground
facilities is available;
     (2) The landowner has 90 days after the
date of the mailing of such notice to convert all overhead electric or
communication facilities providing service to any structure or improvement
located on the lot or parcel to underground service facilities; and
     (3) After the 90-day period following the
date of the mailing of the notice, the public authority will order the
utilities to disconnect and remove all overhead electric and communication
facilities providing service to any structure or improvement within the area. [1969
c.385 §8]
     758.250
Conversion of facilities on private lands; procedure; payment of costs. (1) Any conversion of electric or
communication service facilities, including service connections, located on a
privately owned lot or parcel shall be made at the expense of the landowner by
the utility owning the facility. The conversion shall be made in accordance
with applicable safety rules, codes, regulations, tariffs or ordinances. The
utility shall not be required to convert service lines on property, other than
public lands and right of way, until the landowner furnishes to the utility a
permit or easement authorizing the utility and its employees, agents and
contractors to enter upon real property of the landowner for the purpose of
performing conversion work thereon.
     (2) Upon completion of the conversion of
overhead electric or communication service facilities on privately owned lots
and parcels within a district, the utility shall file with the public authority
a verified statement of the costs of the conversion of such service facilities
of each landowner in the district. Promptly thereafter the public authority
shall mail to each landowner a copy of such verified statement. [1969 c.385 §9]
     758.255
Discontinuance of utility service for noncompliance with conversion provisions. If the owner of any structure or improvement
served from the overhead electric or communication service facilities within an
underground assessment district does not grant the utility a permit or easement
referred to in ORS 758.250 or if such an owner fails to convert to underground
service facilities within 90 days after the mailing to the owner of the notice
provided by ORS 758.245, the public authority shall order the utility to
complete the conversion and to disconnect and remove all overhead facilities,
including service facilities, providing service to such structure or
improvement. [1969 c.385 §10]
     758.260
Competitive bidding for utility conversion. To the extent that the contract between the utility and the public
authority provides that all or any part of the conversion work shall be performed
by the utility, any statute or charter provision requiring competitive bidding
and the award of a contract to the lowest responsible bidder does not apply. [1969
c.385 §11]
     758.265
Overhead facilities in assessment district after conversion. Once converted, no overhead electric or
communication facilities shall be installed, maintained or operated in any
underground assessment district except as authorized by ORS 758.210 to 758.270.
[1969 c.385 §12]
     758.270
Effect of ORS 758.210 to 758.270 on existing laws and rights. ORS 758.210 to 758.270 are supplemental and
cumulative of existing rights, laws, charters, ordinances and franchises and
shall not abrogate or modify any franchise granted to a utility by any local
government or abrogate or modify in any way existing rights, laws, charters or
ordinances of any local government. [1969 c.385 §13]
LIABILITY OF
ELECTRIC UTILITY FOR PRUNING AND REMOVING VEGETATION
     758.280
Definitions for ORS 758.280 to 758.286. For the purposes of ORS 758.280 to 758.286:
     (1) “Electric facilities” means lines,
conduits, ducts, poles, wires, pipes, conductors, cables, crossarms, receivers,
transmitters, transformers, instruments, machines, appliances and all other
devices and apparatuses used, operated, owned or controlled by an electric
utility for the purposes of manufacturing, transforming, transmitting,
distributing, selling or furnishing electricity.
     (2) “Electric utility” has the meaning
given that term in ORS 758.505.
     (3) “Vegetation” means trees, shrubs,
vines and all other plants. [2001 c.420 §1]
     Note: 758.280 to 758.286 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
758 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     758.282
Immunity of electric utility for pruning or removing vegetation in certain
cases. (1) An electric
utility is immune from any civil liability for pruning or removing vegetation
that is growing on property on which electric facilities are located, or
growing on property that is adjacent to property on which electric facilities
are located, if the pruning or removal is consistent with policies of the
Public Utility Commission relating to the pruning or removal of vegetation, or
is consistent with a local ordinance or resolution applicable to the property
that relates to the pruning or removal of vegetation, and:
     (a) The vegetation has come in contact
with or caused damage to electric facilities; or
     (b) Pruning or removing the vegetation is
necessary to protect life or property or to restore electric service.
     (2) ORS 105.810 and 105.815 do not apply
to any claim against an electric utility based on the pruning or removal of
vegetation growing on property on which electric facilities are located, or
growing on property that is adjacent to property on which electric facilities
are located. [2001 c.420 §2]
     Note: See note under 758.280.
     758.284
Immunity of electric utility for pruning or removing vegetation in other cases;
notice to property owner.
(1) An electric utility is immune from any civil liability for pruning or
removing vegetation that is growing on property on which electric facilities
are located, or growing on property that is adjacent to property on which
electric facilities are located, if the pruning or removal is consistent with
policies of the Public Utility Commission relating to the pruning or removal of
vegetation, or is consistent with a local ordinance or resolution applicable to
the property that relates to the pruning or removal of vegetation, and any of
the following apply:
     (a) The vegetation to be pruned or removed
is hanging over electric facilities or growing in such close proximity to
overhead electric facilities that the vegetation constitutes an electrical
hazard under any electrical safety code adopted by the Public Utility
Commission or constitutes a danger under state or federal health and safety
codes to a person working on the facilities or with access to the facilities.
     (b) The vegetation to be removed is
diseased, dead or dying or is close enough to electric facilities that pruning
or removal of the vegetation is necessary to avoid contact between the
vegetation and electric facilities. A determination under this paragraph must
be made by a qualified forester or arborist if a local ordinance or resolution
requires that such determinations be made by a qualified forester or arborist.
     (c) The vegetation is of such size,
condition and proximity to electric facilities that the vegetation can reasonably
be expected to cause damage to electric facilities in the future. A
determination under this paragraph must be made by a qualified forester or
arborist if a local ordinance or resolution requires that such determinations
be made by a qualified forester or arborist.
     (2) The limitation on liability provided
by this section does not apply unless the electric utility has provided notice
to owners of the property where the vegetation is located. Notice may be
provided by posting a flyer in a conspicuous location on the property where the
vegetation is located. The flyer must:
     (a) Indicate that the electric utility
intends to prune or remove vegetation on the property;
     (b) Include a brief statement of the
nature of the work to be performed and the reason the work is needed;
     (c) Include an estimate of the time period
during which the work will occur; and
     (d) Provide information on how the
electric utility can be contacted.
     (3) The limitation on liability provided
by this section does not apply unless the pruning or removal complies with
rules adopted by the Public Utility Commission relating to pruning or removal.
In adopting rules, the commission shall give consideration to the American
National Standard for Tree Care Operations adopted by the American National
Standards Institute. [2001 c.420 §3]
     Note: See note under 758.280.
     758.286
Immunity not applicable to liability for cost of abating fires. The immunities provided by ORS 758.280 to
758.284 do not affect any liability that an electric utility may have for the
costs of abating fires under ORS 477.064 to 477.120. [2001 c.420 §4]
     Note: See note under 758.280.
WATER
UTILITIES
     758.300
Definitions for ORS 758.300 to 758.320. As used in ORS 758.300 to 758.320:
     (1) “Commission” means the Public Utility
Commission.
     (2) “Community water supply system” means
a water source and distribution system, whether publicly or privately owned,
that serves more than three residences or other users to whom water is provided
for public consumption, including but not limited to schools, farm labor camps,
industrial establishments, recreational facilities, restaurants, motels, mobile
home parks or group care homes.
     (3) “Water utility” means any corporation,
company, individual or 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 water, 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. “Water
utility” does not include a municipal corporation. [1999 c.695 §1]
     Note: 758.300 to 758.320 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
758 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     758.302
Application for exclusive service territory. (1) A water utility may apply to the Public Utility Commission for an
order designating an exclusive service territory for the water utility. The
commission may designate as an exclusive service territory any area that on the
date of application is being served in an adequate manner by the applicant and
is not being served by any other water provider.
     (2) In addition to the area described in
subsection (1) of this section, a private water utility may apply for inclusion
in an exclusive service territory designated for the private water utility any
area adjacent to the area described in subsection (1) of this section if:
     (a) The applicant plans to extend service
to the adjacent area in the six months immediately following the date of the
application;
     (b) The adjacent area is not being served
by any other water provider; and
     (c) The applicant demonstrates that it is
more economical and feasible to provide services to the adjacent area by an
extension of the applicantÂ’s existing facilities than by an extension of the
facilities of another water provider or community water supply system.
     (3) An application under this section
shall be made on forms provided by the commission and shall contain all
information required by commission rule.
     (4) Within 30 days after the filing of an
application under this section, the commission shall give notice of the filing:
     (a) By publication at least once weekly
for two consecutive weeks in a newspaper or newspapers of general circulation
in the area described in the application; and
     (b) By written notice of the application
to all other water providers in the areas adjacent to the area described in the
application.
     (5) The commission may, on its own motion,
hold a hearing on the application. The commission shall hold a hearing on the
application if a customer of the water utility requests a hearing on the
application within 30 days after the final publication of notice in the manner
required by subsection (4) of this section. If a hearing is scheduled, the
commission shall give notice of the time and place of the hearing in the manner
provided by subsection (4) of this section for notice of the filing of an
application. If the hearing is held by reason of a customerÂ’s request, the
commission shall give notice of the hearing within 30 days after the request is
received by the commission. The hearing shall be held at a place within or
conveniently accessible to the area described in the application.
     (6) The commission may make such
investigations relating to an application under this section as the commission
deems proper, including physical examination and evaluation of the facilities
and systems of the applicant, estimates of their operating costs and revenues,
and studies of such other information as the commission deems relevant.
     (7) The commission shall enter an order
granting or denying an application for an exclusive service territory under
this section. The order must contain findings of fact supporting the order. The
commission may grant an application subject to such conditions and limitations
as the commission deems appropriate.
     (8) ORS 756.500 to 756.610 govern the
conduct of hearings under this section and any appeal of the commissionÂ’s
order.
     (9) If the commission considers competing
applications under subsection (2) of this section to extend exclusive service
to the same area, there is a disputable presumption that applicants have an
equal ability to extend, improve, enlarge, build, operate and maintain existing
or proposed facilities. [1999 c.695 §2; 2003 c.202 §4]
     Note: See note under 758.300.
     758.305
Exclusive service territories.
(1) Designated service territories of a water utility approved by the Public
Utility Commission shall be exclusive. A water utility or community water
supply system shall not provide water utility service within the designated
exclusive service territory of another water utility without the express
approval of the commission.
     (2) A water utility shall serve only
customers within its designated exclusive service territory and shall serve all
applicants for service within its designated territory. The water utility may
refuse service only as provided by commission rule.
     (3) Upon petition by the water utility for
an order, or by the commission on its own motion, a designated service
territory may be expanded to include unserved areas. In reviewing a petition,
the commission shall consider at least the current ability of the water utility
to serve the expanded area, the demand for service in the expanded area, the
impact on existing customers and the availability of alternative service. The
commission may take other factors into consideration as prescribed by
commission rule. Notice and hearing of the proposed expansion shall be given as
provided in ORS 758.302.
     (4) Upon petition by the water utility or
a customer of the utility for an order, or by the commission on its own motion,
a designated exclusive service territory may be decreased upon a showing that
the water utility is not providing adequate service to its customers or does
not have the capacity to serve the designated area. Notice of the proposed
decrease of service territory shall be given as provided in ORS 758.302. [1999
c.695 §6]
     Note: See note under 758.300.
     758.310
Assignment or transfer of rights in exclusive service territory; approval of
commission. (1) The rights
acquired by the designation of an exclusive service territory may be assigned
or transferred only with the approval of the Public Utility Commission after a
finding that the assignment or transfer is in the public interest. However, a
hearing is not required if at least 75 percent of the affected customers agree
to the proposed assignment or transfer.
     (2) An order designating an exclusive
service territory shall not be construed to confer any property right. However,
upon the death of an applicant under an approved designation, the executor or
administrator shall continue operating the water utility for the purpose of
transferring such rights for a period not to exceed two years from the date of
death.
     (3) The territory served by a water
utility under an order of the commission designating exclusive service
territory shall not be altered solely as the result of a change in ownership or
form of ownership. [1999 c.695 §5]
     Note: See note under 758.300.
     758.315
Water utility service provided by persons not designated by commission; remedy. In the event a designated exclusive service
territory is served by a person not authorized by the Public Utility
Commission, the commission or the water utility designated by the commission to
serve the area may file an action for injunctive relief in the circuit court
for any county where some or all of the designated service territory is
located. The action shall proceed as in an action not triable by right to a
jury. Any party to the action may appeal to the Court of Appeals from the trial
courtÂ’s order. An injunction ordered under this section shall be in addition to
any other remedy provided by law. [1999 c.695 §7]
     Note: See note under 758.300.
     758.320
Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary
associations; existing franchise; exception. (1) The provisions of ORS 758.300 to 758.320 shall not be construed to
restrict the powers granted to cities to issue franchises or to restrict the
powers of condemnation of a municipality.
     (2) The provisions of ORS 758.300 to
758.320 shall not be construed to restrict the formation of homeowners
associations pursuant to ORS chapter 94, cooperatives pursuant to ORS chapter
62 or districts pursuant to ORS chapter 198 within the designated exclusive
service territory of a water utility. A homeowners association, cooperative or
district may petition the Public Utility Commission for an order excluding the
association, cooperative or district from the exclusive service territory of a
water utility. Upon a showing by the association, cooperative or district that
exclusion is not detrimental to the public interest, the commission may issue
an order excluding the association, cooperative or district from the exclusive
service territory of a water utility.
     (3) The commission shall recognize the
service territories of a water utility that has an existing franchise on
October 23, 1999, with a municipality as exclusive service territories. Upon
application as provided in ORS 758.302, any such water utility may request an
order from the commission to designate exclusive service territories in
addition to those identified in the franchise agreement if the water utility is
providing adequate and exclusive service to areas outside the areas identified
in the franchise agreement.
     (4) A district, as defined in ORS 198.010,
that provides water utility service shall be exempt from the requirements of
ORS 758.302. However, upon request of the commission, the district shall
provide to the commission a map of its service territory and shall in all other
respects comply with the requirements of ORS 758.300 to 758.320. [1999 c.695 §8;
2003 c.202 §6]
     Note: See note under 758.300.
ELECTRIC AND
GAS UTILITIES; ALLOCATION OF TERRITORIES AND CUSTOMERS
     758.400
Definitions for ORS 758.015 and 758.400 to 758.475. As used in ORS 758.015 and 758.400 to
758.475 unless the context requires otherwise:
     (1) “Allocated territory” means an area
with boundaries established by a contract between persons furnishing a similar
utility service and approved by the Public Utility Commission or established by
an order of the commission approving an application for the allocation of
territory.
     (2) “Person” includes individuals, firms,
partnerships, corporations, associations, cooperatives and municipalities, or
their agent, lessee, trustee or referee.
     (3) “Utility service” means service
provided by any equipment, plant or facility for the distribution of
electricity to users or the distribution of natural or manufactured gas to
consumers through a connected and interrelated distribution system. “Utility
service” does not include service provided through or by the use of any
equipment, plant or facilities for the production or transmission of
electricity or gas which pass through or over but are not used to provide service
in or do not terminate in an area allocated to another person providing a
similar utility service. [Formerly 757.605; 1979 c.62 §2; 1985 c.550 §8; 1987
c.447 §101; 1999 c.59 §232]
     758.405
Purpose of ORS 758.400 to 758.475. The elimination and future prevention of duplication of utility
facilities is a matter of statewide concern; and in order to promote the
efficient and economic use and development and the safety of operation of
utility services while providing adequate and reasonable service to all
territories and customers affected thereby, it is necessary to regulate in the
manner provided in ORS 758.400 to 758.475 all persons and entities providing
utility services. [Formerly 757.610]
     758.410
Contracts for allocation of territories and customers; transfer of facilities. (1) Any person providing a utility service
may contract with any other person providing a similar utility service for the
purpose of allocating territories and customers between the parties and
designating which territories and customers are to be served by which of said
contracting parties; and the territories and customers so allocated and
designated may include all or any portion of the territories and customers
which are being served by either or both of the parties at the time the
contract is entered into, or which could be economically served by the then
existing facilities of either party, or by reasonable and economic extensions
thereto.
     (2) Any such contracting parties may also
contract in writing for the sale, exchange, transfer, or lease of equipment or
facilities located within territory which is the subject of the allocation
agreed upon pursuant to subsection (1) of this section. Any sale, exchange,
transfer or lease of equipment, plant or facilities made pursuant to this
subsection by any person which is a “public utility” as defined in ORS 757.005
is also subject to the approval of the Public Utility Commission to the extent
required by ORS chapter 757.
     (3) The commission may approve a contract
entered into under this section that authorizes Coos County to construct a
natural gas pipeline into allocated territory in Coos County and that contains
terms for the allocation of industrial customers in Coos County between the
county and the other party to the contract. The contract need not specify the
territory in which industrial customers subject to the allocation are located.
The commission may approve the provisions of a contract under this subsection
that govern allocation of industrial customers only if the commission
determines that the provisions promote the purposes specified in ORS 758.405.
The commission shall actively supervise the implementation of any contract
entered into pursuant to this subsection to ensure that the contract continues
to promote the purposes specified in ORS 758.405. A contract entered into under
this subsection is not subject to ORS 758.420 (2). [Formerly 757.615; 2003 c.32
§1]
     758.415
Enforceability of contract approved by commission; conditions for approval. Notwithstanding any other provisions of law,
a contract entered into pursuant to ORS 758.410, when approved by the Public
Utility Commission as provided in ORS 758.420 to 758.475, shall be valid and
enforceable; provided, that the commission shall approve such a contract only
if the commission finds, after a hearing as provided in ORS 758.420 to 758.475,
that the contract will eliminate or avoid unnecessary duplicating facilities,
and will promote the efficient and economic use and development and the safety
of operation of the utility systems of the parties to the contract, while
providing adequate and reasonable service to all territories and customers
affected thereby. [Formerly 757.620]
     758.420
Filing of contract; hearing on contract; notice. (1) A contract entered into pursuant to ORS
758.410 shall be promptly filed with the Public Utility Commission, and the
commission shall, within 30 days after such filing, give notice of such filing.
If the commission chooses or if any customer or customers request a hearing on
the matter within 30 days of the notice, the commission shall hold a hearing by
telephone or in person. The commission shall give notice of such hearing within
30 days of the customerÂ’s request which notice shall set the date and place of
hearing on the question as to whether or not such contract will be approved.
The hearing shall be held at a place within or conveniently accessible to the
territories affected by the contract.
     (2) The commission shall publish notice of
the filing in a newspaper or newspapers of general circulation in each of the
territories affected by the contract. Each such notice shall be published at
least once weekly for two successive weeks. [Formerly 757.625; 1985 c.633 §3]
     758.425
Order of commission on contract. (1) On the basis of the applicantÂ’s filing or, if there is a hearing,
on the record made at the hearing held pursuant to ORS 758.420, the Public
Utility Commission shall enter an order either approving or disapproving the
contract as filed, together with any appropriate findings of the facts
supporting such order.
     (2) An order of the commission under this
section is subject to judicial review as an order in a contested case in the
manner provided by ORS 756.610.
     (3) If the commission approves a contract
and a petition for judicial review is not filed, the contract shall be deemed
to be valid and enforceable for all purposes from the date on which the right
to file a petition for judicial review expires. [Formerly 757.630; 1985 c.633 §4;
2005 c.638 §13]
     758.430
Amendment of contract; approval of commission. Any contract that has been approved as
provided in ORS 758.400 to 758.475 may be subsequently amended by the parties
thereto, but any such amendatory agreement shall be filed with the Public
Utility Commission and shall thereafter be approved or disapproved by the
commission in the manner provided in ORS 758.420 and 758.425. However, no
hearing is required if all affected customers approve the amendatory agreement.
An amendatory agreement may be enforced in the manner provided in ORS 758.465. [Formerly
757.635; 1983 c.540 §5]
     758.435
Application for allocation of territory; hearing; notice. (1) Any person providing a utility service
in a territory that is not served by another person providing a similar utility
service may make application to the Public Utility Commission for an order
allocating such territory to it. The application may include any adjacent area
that it is more economical and feasible to serve by an extension of the
applicantÂ’s existing facilities than by an extension of the facilities of
another person.
     (2) The commission shall within 30 days
after the filing of such application give notice of the filing. If the
commission chooses, or if a customer requests a hearing on the matter within 30
days of the notice, the commission shall hold a hearing by telephone or in
person. The commission shall give notice of the hearing within 30 days of the
request which notice shall set the date and place of hearing. The hearing shall
be held at a place within or conveniently accessible to the territory covered
by the application. Notice of the filing shall be by publication in a newspaper
or newspapers of general circulation in the territory covered by the
application and shall be published at least once weekly for two successive weeks.
Written notice of the filing shall be given to providers of similar utility
service in adjacent territory.
     (3) Territory within the limits of a city,
as fixed on May 31, 1961, shall not be deemed to be served exclusively by any
person, if such city is, on such date, served by more than one person having
necessary municipal or franchise authority to serve within the entire city. [Formerly
757.640; 1985 c.633 §1]
     758.440
Order of commission on application. (1) On the basis of the application, or, if there is a hearing, on the
record made at the hearing held pursuant to ORS 758.435, the Public Utility
Commission shall enter an order either approving or disapproving the
application as filed, or as amended, together with findings of the facts
supporting such order.
     (2) The commission, before approving an
application for the allocation of territory, shall find that the applicant is
exclusively serving the territory covered by the application and in the case of
an adjacent unserved area that it is more economical and feasible to serve by
an extension of the applicantÂ’s existing facilities than by an extension of the
facilities of another person. [Formerly 757.645; 1985 c.633 §2]
     758.445
Judicial review of order on application. An order of the Public Utility Commission under ORS 758.440 is subject
to judicial review as an order in a contested case in the manner provided by
ORS 756.610. If a petition for judicial review is not filed within the
specified time, the order shall thereafter be valid and enforceable for the
purposes herein specified from the date on which the right to file a petition
for judicial review expires. [Formerly 757.650; 2005 c.638 §14]
     758.450
Contract required for allocation of territory; prohibited activities;
exceptions; third party financing. (1) Territory served by more than one person providing similar utility
service may only become an allocated territory by a contract approved by the
Public Utility Commission.
     (2) Except as provided in subsection (4)
of this section, no other person shall offer, construct or extend utility
service in or into an allocated territory.
     (3) Except as provided in subsection (4)
of this section, during the pendency of an application for an allocation of
exclusively served territory, no person other than applicant shall offer,
construct or extend utility service in or into the territory applied for; nor
shall any person, without the express consent of the commission, offer,
construct or extend utility service in or into any unserved territory which is the
subject of a filing pending before the commission under ORS 758.420 or 758.435.
     (4) The provisions of ORS 758.400 to
758.475 do not apply to any corporation, company, individual or association of
individuals providing heat, light or power:
     (a) From any energy resource to fewer than
20 customers, if it began providing service to a customer prior to July 14,
1985;
     (b) 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;
     (c) From solar or wind resources to any
number of customers; or
     (d) From biogas, waste heat or geothermal
resources for nonelectric generation purposes to any number of customers.
     (5) Nothing in subsection (4) 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. [Formerly 757.652; 1981 c.360 §2; 1985 c.779 §2]
     758.455
Investigation by commission respecting contracts or applications; hearing
procedure. (1) The Public
Utility Commission may make such investigations respecting a contract or an
application for the allocation of territory as the commission deems proper
including the physical examinations and evaluations of the facilities and
systems of the parties to the contract, estimates of their operating costs and
revenues and studies of such other information as the commission deems
pertinent.
     (2) Insofar as applicable and consistent
herewith, the provisions of ORS 756.500 to 756.610 shall govern the conduct of
hearings.
     (3) In considering competing applications
to serve the same territory, there shall be a disputable presumption that
applicants have an equal ability to extend, improve, enlarge, build, operate
and maintain existing or proposed facilities. [Formerly 757.655]
     758.460
Assignment or transfer of rights acquired by allocation; approval of
commission. (1) The rights
acquired by an allocation of territory may only be assigned or transferred with
the approval of the Public Utility Commission after a finding that such
assignment or transfer is not contrary to the public interest. However, no
hearing is required if all affected customers agree to the proposed assignment
or transfer.
     (2) No approved contract or order
approving an allocation of territory shall be construed to confer any property
right; providing, however, upon the death of an individual who is a party to an
approved contract or the applicant under an approved order, the executor or
administrator shall continue the operation thereunder for the purpose of
transferring such rights for a period of not to exceed two years from the date
of death.
     (3) In the event the property of a person
serving an allocated territory is condemned, no value shall be claimed or
awarded by reason of the contract or order making such allocation. [Formerly
757.670; 1983 c.540 §6]
     758.465
Enforcement procedure. In
the event a contract approved by the Public Utility Commission is breached or
in the event an allocated territory is served by a person not authorized by
such contract, or order of the commission, the aggrieved person or the
commission may file an action in the circuit court for any county in which is
located some or all of the allocated territory allegedly involved in said
breach or invasion, for an injunction against said alleged breach or invasion.
The trial of such action shall proceed as in an action not triable by right to
a jury. Any party may appeal to the Court of Appeals from the courtÂ’s judgment,
as in other equity cases. The remedy provided in this section shall be in
addition to any other remedy provided by law. [Formerly 757.675; 1979 c.284 §198;
2003 c.576 §561]
     758.470
Application to cities, municipalities and cooperatives of ORS 758.400 to
758.475. (1) ORS 758.015 and
758.400 to 758.475 shall not be construed or applied to restrict the powers
granted to cities to issue franchises, or to restrict the exercise of the power
of condemnation by a municipality; and when a municipality has condemned or
otherwise acquired another personÂ’s equipment, plant or facilities for
rendering utility service, it shall acquire all of the rights of the person
whose property is condemned to serve the territory served by the acquired properties.
     (2) ORS 758.015 and 758.400 to 758.475
shall not be construed to restrict the right of a municipality to provide
utility service for street lights, fire alarm systems, airports, buildings and
other municipal installations regardless of their location.
     (3) ORS 758.015 and 758.400 to 758.475
shall not be construed to confer upon the Public Utility Commission any
regulatory authority over rates, service or financing of cooperatives or
municipalities. [Formerly 757.680]
     758.475
Fees. Except in cases under
ORS 758.430 and 758.460 where no hearing is required, to cover the costs of
administering ORS 758.015 and 758.400 to 758.475 the Public Utility Commission
is required to receive fees before filing any contract, application, petition,
complaint, protest, appearance, motion, answer or other pleading and for
holding any hearing. All fees shall be collected in accordance with the
following schedule:
     (1) Filing application for allocated
territory under ORS 758.435 by a person having annual gross revenue derived
from within the state for the calendar year 1960:
     (a) In excess of $5 million or more, a fee
of two-tenths of one mill of such revenue but in no event shall such fee
exceed, $10,000.
     (b) In excess of $100,000 but less than $5
million, $100.
     (c) Less than $100,000, $50.
     (2) Filing a contract or application under
ORS 758.015 or 758.420, $100.
     (3) Filing petition or complaint, $25.
     (4) Filing protest, appearance, motion,
answer or other pleading, $10.
     (5) Filing an application for allocated territory
under ORS 758.435 subsequent to an original allocation and payment of fee under
subsection (1) of this section, $100. [Formerly 757.685; 1983 c.540 §7]
TROJAN
NUCLEAR PLANT
     758.480
Assumption of obligations arising out of Trojan Nuclear Plant. (1) As used in this section:
     (a) “Agreement” means the agreement dated
October 5, 1970, and titled “Agreement for Construction, Ownership and
Operation of the Trojan Nuclear Plant,” as amended.
     (b) “Allocated territory” has the meaning
given that term in ORS 758.400.
     (c) “Person” means:
     (A) A person as defined in ORS 174.100;
     (B) A person as defined in ORS 758.400;
     (C) A public body as defined in ORS
174.109; or
     (D) Any combination of entities described
in subparagraphs (A), (B) and (C) of this paragraph.
     (d) “Trojan obligations” means all of the
obligations and liabilities of the Portland General Electric Company to pay
amounts that are due or that may become due under the agreement or that are due
or that may become due as a result of a requirement imposed by a federal, state
or local governmental body, agency or instrumentality.
     (e) “Utility service” has the meaning
given that term in ORS 758.400.
     (2) Any person acquiring all or a portion
of any allocated territory of the Portland General Electric Company, or
acquiring the right to provide utility service within the allocated territory
of the Portland General Electric Company, shall assume a share of Trojan
obligations that is proportionate to the total amount of allocated territory or
the percentage of retail customer load for which the person has acquired the
right to provide utility service, whichever is greater.
     (3) The assumption of Trojan obligations
described in this section shall occur without regard to whether the acquisition
described in subsection (2) of this section occurs through market transactions
or condemnation proceedings or by any other means.
     (4) Any person assuming a share of Trojan
obligations shall pay all required or necessary amounts, when due, into any
decommissioning or other fund established, required or approved by any federal,
state or local governmental body, agency or instrumentality for the purpose of
meeting Trojan obligations. A person making payments into a fund described in
this subsection may use the personÂ’s share of the fund for the purpose of
meeting the personÂ’s Trojan obligations, subject to any limitation imposed by a
federal, state or local governmental body, agency or instrumentality.
     (5) The obligations imposed by subsection
(2) of this section do not apply to any person acquiring allocated territory or
customers of the Portland General Electric Company when:
     (a) The acquisition occurs pursuant to the
terms of a contract allocating territory that has been approved by the Public
Utility Commission under ORS 758.400 to 758.475 and that is in effect on July
22, 2005; or
     (b) The acquisition comprises less than
one percent of the total allocated territory of the Portland General Electric
Company or less than one-tenth of one percent of the total retail customer load
of the Portland General Electric Company at the time of acquisition, whichever
is greater. [2005 c.630 §1]
     Note: 758.480 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 758 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     758.500 [1979 c.730 §2; 1981 c.714 §1; repealed by
1981 c.714 §5 and by 1983 c.799 §9]
COGENERATION
AND SMALL POWER PRODUCTION FACILITIES
     758.505
Definitions for ORS 758.505 to 758.555. As used in ORS 758.505 to 758.555:
     (1) “Avoided cost” means the incremental
cost to an electric utility of electric energy or energy and capacity that the
utility would generate itself or purchase from another source but for the purchase
from a qualifying facility.
     (2) “Cogeneration facility” means a
facility that:
     (a) Produces, through the sequential use
of energy, electric energy and useful thermal energy including but not limited
to heat or steam, used for industrial, commercial, heating or cooling purposes;
and
     (b) Is more than 50 percent owned by a
person who is not an electric utility, an electric holding company, an
affiliated interest or any combination thereof.
     (3) “Commission” means the Public Utility
Commission.
     (4) “Electric utility” means a
nonregulated utility or a public utility.
     (5) “Index rate” means the lowest avoided
cost approved by the commission for a generating utility for the purchase of
energy or energy and capacity of similar characteristics including online date,
duration of obligation and quality and degree of reliability.
     (6) “Nonregulated utility” means an entity
providing retail electric utility service to Oregon consumers that is a peopleÂ’s
utility district organized under ORS chapter 261, a municipal utility operating
under ORS chapter 225 or an electric cooperative organized under ORS chapter
62.
     (7) “Public utility” means a utility
regulated by the commission under ORS chapter 757, that provides electric power
to consumers.
     (8) “Qualifying facility” means a
cogeneration facility or a small power production facility.
     (9) “Small power production facility”
means a facility that:
     (a) Produces energy primarily by the use
of biomass, waste, solar energy, wind power, water power, geothermal energy or
any combination thereof;
     (b) Is more than 50 percent owned by a
person who is not an electric utility, an electric utility holding company, an
affiliated interest or any combination thereof; and
     (c) Has a power production capacity that,
together with any other small power production facility located at the same
site and owned by the same person, is not greater than 80 megawatts. [1983
c.799 §1]
     758.510 [1979 c.730 §3; 1981 c.714 §2; repealed by
1981 c.714 §7 and by 1983 c.799 §9]
     758.515
Legislative findings. The
Legislative Assembly finds and declares that:
     (1) The State of
     (2) It is the goal of
     (a) Promote the development of a diverse
array of permanently sustainable energy resources using the public and private
sectors to the highest degree possible; and
     (b) Insure that rates for purchases by an
electric utility from, and rates for sales to, a qualifying facility shall over
the term of a contract be just and reasonable to the electric consumers of the
electric utility, the qualifying facility and in the public interest.
     (3) It is, therefore, the policy of the
State of
     (a) Increase the marketability of electric
energy produced by qualifying facilities located throughout the state for the
benefit of OregonÂ’s citizens; and
     (b) Create a settled and uniform
institutional climate for the qualifying facilities in
     758.520 [1979 c.730 §4; 1981 c.714 §3; repealed by
1981 c.714 §9 and by 1983 c.799 §9]
     758.525
Avoided cost schedules; filing; requirement to purchase energy from qualifying
facilities. (1) At least
once every two years each electric utility shall prepare, publish and file with
the Public Utility Commission a schedule of avoided costs equaling the utilityÂ’s
forecasted incremental cost of electric resources over at least the next 20
years. Prices contained in the schedules filed by public utilities shall be
reviewed and approved by the commission.
     (2) An electric utility shall offer to
purchase energy or energy and capacity whether delivered directly or indirectly
from a qualifying facility. Except as provided in subsection (3) of this
section, the price for such a purchase shall not be less than the utilityÂ’s
avoided costs. At the option of the qualifying facility, exercised before
beginning delivery of the energy or energy and capacity, such prices may be
based on:
     (a) The avoided costs calculated at the
time of delivery; or
     (b) The projected avoided costs calculated
at the time the legal obligation to purchase the energy or energy and capacity
is incurred.
     (3) Nothing contained in ORS 543.610,
757.005 and 758.505 to 758.555 shall be construed to require an electric
utility to pay full avoided-cost prices for a purchase from a qualifying
facility on which construction began before November 8, 1978, but the price for
a purchase from such a facility shall be sufficient to encourage production of
energy or energy and capacity.
     (4) The rates of an electric utility for
the sale of electricity shall not discriminate against qualifying facilities. [1983
c.799 §3]
     758.530 [1979 c.730 §5; 1981 c.714 §4; repealed by
1981 c.714 §11 and by 1983 c.799 §9]
     758.535
Criteria for qualifying facility; terms and conditions of energy sale. (1) The Public Utility Commission shall
establish minimum criteria that a cogeneration facility or small power
production facility must meet to qualify as a qualifying facility under ORS
543.610, 757.005 and 758.505 to 758.555.
     (2) The terms and conditions for the
purchase of energy or energy and capacity from a qualifying facility shall:
     (a) Be established by rule by the
commission if the purchase is by a public utility;
     (b) Be adopted by an electric cooperative
or peopleÂ’s utility district according to the applicable provision of ORS
chapter 62 or 261; and
     (c) Be established by a municipal utility
according to the requirements of the municipalityÂ’s charter and ordinance.
     (3) The rules or policies adopted under
subsection (2) of this section also shall:
     (a) Establish safety and operating
requirements necessary to adequately protect all systems, facilities and
equipment of the electric utility and qualifying facility;
     (b) Be consistent with applicable
standards required by the Public Utility Regulatory Policies Act of 1978 (P.L.
95-617); and
     (c) Be made available to the public at the
commission’s office. [1983 c.799 §4]
     758.540 [1979 c.730 §6; repealed by 1981 c.714 §13]
     758.545
Electric utility required to make good faith effort to transmit energy; remedy. (1) If an electric utility fails to make a
good faith effort to comply with a request from a qualifying facility to
transmit energy or energy and capacity produced by the qualifying facility to
another electric utility or to the Bonneville Power Administration, the electric
utility shall purchase the qualifying facilityÂ’s energy or energy and capacity
at a price which is the higher of:
     (a) The electric utility’s avoided cost;
or
     (b) The index rate.
     (2) As used in this section, “good faith
effort” shall be demonstrated by the electric utility’s publication of a
generally applicable, reasonable policy of the electric utility to allow a
qualifying facility to use the electric utilityÂ’s transmission facilities on a
cost-related basis. [1983 c.799 §5]
     758.550 [1979 c.730 §7; repealed by 1983 c.799 §9]
     758.555
Effect of energy sales on qualifying facility. A qualifying facility shall not become a
public utility within the meaning of ORS 757.005 on account of sales made under
ORS 543.610, 757.005 and 758.505 to 758.555. [1983 c.799 §6]
     758.990 [Renumbered 757.992]
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