2007 Oregon Code - Chapter 774 :: Chapter 774 - Citizens - Utility Board
Chapter 774 —
CitizensÂ’ Utility Board
2007 EDITION
CITIZENSÂ’ UTILITY BOARD
UTILITY REGULATION
774.010Â Â Â Â Definitions
774.020Â Â Â Â Policy
774.030Â Â Â Â CitizensÂ’
Utility Board; powers
774.040Â Â Â Â Membership
on board
774.060Â Â Â Â Board
of Governors; duties; executive committee
774.070Â Â Â Â Election
of board; term; qualifications; statement of financial interest;
disqualification of candidate; recall; vacancies
774.110Â Â Â Â Meetings
774.120Â Â Â Â Inclusion
of information in utility billings; frequency; notice; duty of utility to
forward board mail
774.130Â Â Â Â Mailing
costs; reimbursement
774.140Â Â Â Â Interference
with mailings or contributions
774.160Â Â Â Â Disposition
of complaints
774.180Â Â Â Â Intervention
in agency proceedings affecting utility consumers; standing to obtain judicial
or administrative review
774.190Â Â Â Â Applicability
of certain laws to board; protection from liability
774.210Â Â Â Â Remedies;
attorney fees
774.250Â Â Â Â Severability
774.990Â Â Â Â Penalty
     774.010
Definitions. As used in this
chapter, except as otherwise specifically provided or unless the context
requires otherwise:
     (1) “Board” means the Citizens’ Utility
Board of Governors.
     (2) “Consumer” or “utility consumer” means
any natural person 18 years of age or older who is a resident of the State of
     (3) “District” means an electoral district
for members of the CitizensÂ’ Utility Board of Governors.
     (4) “Member” means a member of the
CitizensÂ’ Utility Board.
     (5) “Utility” means any utility regulated
by the Public Utility Commission pursuant to ORS chapters 757 and 759, which
furnishes electric, telephone, gas or heating service. However, “utility” does
not include any municipality, cooperative, or peopleÂ’s utility district. [1985
c.1 §2; 1987 c.447 §102]
     774.020
Policy. The people of the
State of Oregon hereby find that utility consumers need an effective advocate
to assure that public policies affecting the quality and price of utility
services reflect their needs and interests, that utility consumers have the
right to form an organization which will represent their interests before legislative,
administrative and judicial bodies, and that utility consumers need a
convenient manner of contributing to the funding of such an organization so
that it can advocate forcefully and vigorously on their behalf concerning all
matters of public policy affecting their health, welfare and economic
well-being. [1985 c.1 §1]
     774.030
CitizensÂ’ Utility Board; powers. (1) The CitizensÂ’ Utility Board is hereby created as an independent
nonprofit public corporation and is authorized to carry out the provisions of
this chapter.
     (2) The Citizens’ Utility Board has
perpetual succession and it may sue and be sued, and may in its own name
purchase and dispose of any interest in real and personal property, and shall
have such other powers as are granted to corporations by ORS 65.077. No part of
its net earnings shall inure to the benefit of any individual or member of the
CitizensÂ’ Utility Board.
     (3) The Citizens’ Utility Board shall have
all rights and powers necessary to represent and protect the interests of
utility consumers, including but not limited to the following powers:
     (a) To conduct, fund or contract for
research, studies, plans, investigations, demonstration projects and surveys.
     (b) To represent the interests of utility
consumers before legislative, administrative and judicial bodies.
     (c) To accept grants, contributions and
appropriations from any source, and to contract for services.
     (d) To adopt and modify bylaws governing
the activities of the Citizens’ Utility Board. [1985 c.1 §3; 1989 c.1010 §179]
     774.040
Membership on board. (1) All
consumers are eligible for membership in the CitizensÂ’ Utility Board. A
consumer shall become a member of the CitizensÂ’ Utility Board upon contribution
of at least $5 but not more than $100 per year to the CitizensÂ’ Utility Board.
Each member shall be entitled to cast one vote for the election of the CitizensÂ’
Utility Board of Governors. The board shall establish a method whereby
economically disadvantaged individuals may become members of the CitizensÂ’
Utility Board without full payment of the yearly contribution.
     (2) Each year the Citizens’ Utility Board
shall cause to be prepared, by a certified public accountant authorized to do
business in this state, an audit of its financial affairs. The audit is a public
record subject to inspection in the manner provided in ORS 192.410 to 192.505. [1985
c.1 §9]
     774.060
Board of Governors; duties; executive committee. The CitizensÂ’ Utility Board of Governors
shall manage the affairs of the CitizensÂ’ Utility Board. The board may delegate
to an executive committee composed of not fewer than five members of the board
the authority as would be allowed by ORS 65.354. [1985 c.1 §4; 1989 c.1010 §180]
     774.070
Election of board; term; qualifications; statement of financial interest;
disqualification of candidate; recall; vacancies. (1) The CitizensÂ’ Utility Board of Governors
shall be comprised of three persons elected from each congressional district
described in ORS 188.135 by a majority of the votes cast by members residing in
that district. The election shall be conducted by mail ballot in such manner as
the CitizensÂ’ Utility Board of Governors may prescribe.
     (2) The term of office of a member of the
CitizensÂ’ Utility Board of Governors is four years. No person may serve more
than two consecutive terms on the CitizensÂ’ Utility Board of Governors.
     (3) Each candidate and each member of the
CitizensÂ’ Utility Board of Governors must be a member of the CitizensÂ’ Utility
Board and must be a resident of the district from which the candidate seeks to
be or is elected.
     (4) At least 45 days before an election
each candidate shall file with the CitizensÂ’ Utility Board of Governors a
statement of financial interests, which shall contain the information in such
form as the CitizensÂ’ Utility Board of Governors shall determine. Each
candidate shall maintain a complete record of contributions received and
expenditures made with regard to an election campaign. Each candidate shall
make the records available for public inspection at such reasonable times as
the CitizensÂ’ Utility Board of Governors considers appropriate.
     (5) No member who is employed by a utility
shall be eligible for appointment or election to the CitizensÂ’ Utility Board of
Governors, and no member of the CitizensÂ’ Utility Board of Governors who
obtains employment by a utility may maintain a position on the CitizensÂ’
Utility Board of Governors. While on the board, no director elected under this
section may hold elective public office, be a candidate for any elective public
office, or be a state public official. No person who owns or controls, either
singly or in combination with any immediate family member, utility stocks or
bonds of a total value in excess of $3,000 is eligible to serve as an elected
member of the CitizensÂ’ Utility Board of Governors.
     (6) The Citizens’ Utility Board of
Governors may disqualify any candidate or member of the CitizensÂ’ Utility Board
of Governors for any violation of this chapter or of the bylaws of the CitizensÂ’
Utility Board.
     (7) Upon petition signed by 20 percent of
the members in a district for the recall of a member of the CitizensÂ’ Utility
Board of Governors elected from the district, the CitizensÂ’ Utility Board of
Governors shall mail ballots to each member in the district, submitting the
question whether the member of the CitizensÂ’ Utility Board of Governors shall
be recalled. If a majority of the members voting at the election vote in favor
of the recall, then the member of the CitizensÂ’ Utility Board of Governors
shall be recalled. Elections and recall proceedings shall be conducted in a
manner as the CitizensÂ’ Utility Board of Governors may prescribe. Ballots for
all election and recall proceedings shall be counted at a regular meeting of
the CitizensÂ’ Utility Board of Governors.
     (8) The remaining members of the Citizens’
Utility Board of Governors shall have the power to fill vacancies on the
Citizens’ Utility Board of Governors. [1985 c.1 §6; 1997 c.249 §222]
     774.110
Meetings. All meetings of
the CitizensÂ’ Utility Board of Governors shall be open to the public, except
under the same circumstances in which a public agency would be allowed to hold
executive meetings under ORS 192.660. [1985 c.1 §8]
     774.120
Inclusion of information in utility billings; frequency; notice; duty of utility
to forward board mail. (1)
Upon request by the CitizensÂ’ Utility Board pursuant to this section, each
utility shall include in billings to a utility consumer materials prepared and
furnished by the CitizensÂ’ Utility Board, not exceeding in folded size the
dimensions of the envelope customarily used by such utility to send billings to
its customers.
     (2) The Citizens’ Utility Board shall not
intentionally make any false material statement in any material submitted to a
utility for inclusion with a billing. If the utility believes that the CitizensÂ’
Utility Board has intentionally made false material statements in an enclosure,
it may file a complaint with the Public Utility Commission of Oregon within
five days of receipt. The Public Utility Commission of Oregon must review the
complaint within 10 days, and if the commission determines that the CitizensÂ’
Utility Board has intentionally made false material statements, the commission
shall give the CitizensÂ’ Utility Board of Governors written notification that
specifies any false material statements made and the reasons why the commission
determines the statements to be false.
     (3) No utility shall be required to
enclose CitizensÂ’ Utility Board material with a billing more than six times in
any calendar year.
     (4) The Citizens’ Utility Board shall
notify a utility of its intention to include under the provisions of this
chapter any material in any specified periodic billing or billings not fewer
than 30 calendar days prior to the mailing of the periodic billings and shall
supply the utility with the material not fewer than 20 calendar days prior to
the mailing of the periodic billings.
     (5) All material submitted by the Citizens’
Utility Board for inclusion in a utility billing must include the return
address of the CitizensÂ’ Utility Board. A utility is not required to deliver or
forward to the CitizensÂ’ Utility Board material intended for the CitizensÂ’
Utility Board mistakenly sent to the utility. However, a utility shall retain
such materials for a period of 60 days from the date of receipt. The utility
shall notify the CitizensÂ’ Utility Board that such materials have been received
and make these materials available to the CitizensÂ’ Utility Board on demand. [1985
c.1 §10]
     774.130
Mailing costs; reimbursement.
(1) The CitizensÂ’ Utility Board shall not be required to pay any postage
charges for materials submitted by the CitizensÂ’ Utility Board for inclusion in
a utility billing if such materials weigh four-tenths of one ounce avoirdupois
or less. If the materials submitted weigh over four-tenths of one ounce
avoirdupois, then the CitizensÂ’ Utility Board shall reimburse the utility for a
portion of the postage costs which is equal to that portion of the CitizensÂ’
Utility Board material over four-tenths of one ounce avoirdupois in proportion
to the total weight of the billing. In addition to postage costs, the CitizensÂ’
Utility Board shall reimburse such other reasonable costs, as determined by the
Public Utility Commission of Oregon, incurred by a utility in complying with
ORS 774.120.
     (2) Reimbursement of a utility by the
CitizensÂ’ Utility Board shall be made within 60 days of the date the utility
submits to the CitizensÂ’ Utility Board an itemized statement of the costs
incurred by the utility. In no event shall such reimbursement exceed the fair
market value for the services provided by the utility. [1985 c.1 §11]
     774.140
Interference with mailings or contributions. (1) No utility, nor any of its employees, officers, members of the
board of directors, agents, contractors or assignees, shall in any manner
interfere with, delay, alter or otherwise discourage the distribution of any
material or statement authorized by the provisions of this chapter for
inclusion in periodic utility billings, nor in any manner interfere with,
hamper, hinder or otherwise infringe upon a utility consumerÂ’s right to
contribute to CitizensÂ’ Utility Board, nor in any manner hamper, hinder,
harass, penalize or retaliate against any utility consumer because of the
consumerÂ’s contribution to, or participation in, any activities of the CitizensÂ’
Utility Board.
     (2) No utility may change its mailing,
accounting, or billing procedures if such change will hamper, hinder, or
otherwise interfere with the ability of the CitizensÂ’ Utility Board to distribute
materials or statements authorized by this chapter. [1985 c.1 §12]
     774.160
Disposition of complaints.
CitizensÂ’ Utility Board may submit to the appropriate agency any complaint it
receives regarding a utility company. Public agencies shall periodically inform
CitizensÂ’ Utility Board of any action taken on complaints received pursuant to
this section. [1985 c.1 §13]
     774.180
Intervention in agency proceedings affecting utility consumers; standing to
obtain judicial or administrative review. Notwithstanding any other provision of law:
     (1) Whenever the board determines that any
agency proceeding may affect the interests of utility consumers, CitizensÂ’
Utility Board may intervene as of right as an interested party or otherwise
participate in the proceeding.
     (2) Citizens’ Utility Board shall have
standing to obtain judicial or administrative review of any agency action, and
may intervene as of right as a party or otherwise participate in any proceeding
which involves the review or enforcement of any action by an agency, if the
board determines that the action may affect the interests of utility consumers.
[1985 c.1 §14]
     774.190
Applicability of certain laws to board; protection from liability. (1) ORS 279.835 to 279.855 and ORS chapters
278, 279A, 279B, 279C, 282, 283, 291, 292, 293, 295 and 297 do not apply to
CitizensÂ’ Utility Board or to the administration and enforcement of this
chapter. An employee of Citizens’ Utility Board shall not be considered an “employee”
as the term is defined in the public employees retirement laws. CitizensÂ’
Utility Board and its employees shall be exempt from the provisions of the
State Personnel Relations Law.
     (2) ORS chapter 183 does not apply to
determinations and actions by the board.
     (3) The board, and any of the officers,
employees, agents or members of CitizensÂ’ Utility Board shall be provided the
same protections from liability as the board, officers, employees, agents, or
members of any nonprofit corporation of the State of
     774.210
Remedies; attorney fees. (1)
Any utility, and any of its employees, officers, members of the board of
directors, agents, contractors or assignees which does, or causes or permits to
be done, any matter, act or other thing prohibited by this chapter, or omits to
do any act, matter or other thing required to be done by this chapter, is
liable for any injury to CitizensÂ’ Utility Board and to any other person in the
amount of damages sustained in consequence of such violation. The court may
award reasonable attorney fees to the prevailing party in an action under this
section.
     (2) Citizens’ Utility Board may obtain
equitable relief, without bond, to enjoin any violation of this chapter.
     (3) Any recovery or enforcement obtained
under this section shall be in addition to any other recovery or enforcement
under this section or under any statute or common law. Any recovery under this
section shall be in addition to recovery by the state of the penalty or fine
prescribed for such violation by this chapter. The rights and remedies provided
by this chapter shall be in addition to all other rights and remedies available
under law. [1985 c.1 §16; 1995 c.618 §136]
     774.250
Severability. If any
section, portion, clause or phrase of this chapter is for any reason held to be
invalid or unconstitutional the remaining sections, portions, clauses and
phrases shall not be affected but shall remain in full force or effect, and to
this end the provisions of this chapter are severable. [1985 c.1 §18]
     774.990
Penalty. Willful violation
of ORS 774.120 (1) or (5) or 774.140 is a Class A misdemeanor. [1985 c.1 §17]
_______________
CHAPTER 775
[Reserved for expansion]
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.