Oregon Chapter 756
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TITLE 57
UTILITY
REGULATION
Chapter 756. Public Utility Commission
757. Utility Regulation Generally
758. Utility Rights of Way and Territory
Allocation; Cogeneration
759. Telecommunications Utility Regulation
772. Rights of Way for Public Uses
774. Citizens’ Utility Board
_______________
Chapter 756 —
Public Utility Commission
2007 EDITION
PUBLIC UTILITY COMMISSION
UTILITY REGULATION
GENERAL PROVISIONS
756.010 Definitions
COMMISSION POWERS AND DUTIES
(Generally)
756.014 Public
Utility Commission; appointment; confirmation; term; removal
756.016 Quorum;
seal; individual commissioner authorized to act for commission
756.022 Oath
of office
756.026 Prohibited
interests of commissioner and family
756.028 Employee
statements regarding prohibited interests
756.032 Employee
dismissal for retention of prohibited interests or failure to file statements
756.034 Intent
of prohibited interest provisions
756.036 Duties
and functions
756.037 Commission
authority to provide assistance, information, resources and advice to
Legislative Assembly
756.040 General
powers
756.045 Employing
legal counsel
756.047 Authority
of commission to require fingerprints
756.050 Office,
office supplies and sessions of commission
756.055 Delegation
of authority
756.060 Authority
to adopt rules and regulations
756.062 Substantial
compliance with laws adequate for commission activities; construction of laws
generally
756.068 Service
of notice or other legal process
(Investigatory Powers)
756.070 Investigating
management of utilities
756.075 Right
of entry for examination of equipment, records or employees; use of findings
756.090 Maintaining
and producing records; expenses of examining out-of-state records
756.105 Duty
to furnish information to commission
756.115 Failure
to furnish requested information
756.125 Interference
with commission’s equipment
ENFORCEMENT AND REMEDIES
756.160 Enforcement
of statutes and ordinances relating to utilities
756.180 Enforcing
utility laws
756.185 Right
to recover for wrongs and omissions; treble damages
756.200 Effect
of utility laws on common law and other statutory rights of action, duties and
liabilities
FUNDS AND FEES
756.305 Public
Utility Commission Account
756.310 Annual
fees payable by utilities and telecommunications providers
756.320 Statements
accompanying fees; audit and refunding by commission
756.325 Distribution
of information filed with commission; fees; rules
756.350 Penalty
for failure to pay fees; action to collect unpaid fees and penalties
756.360 Disposal
and use of fees and penalties collected
DECLARATORY RULINGS
756.450 Declaratory
rulings
COMPLAINT AND INVESTIGATION PROCEDURE
756.500 Complaint;
persons entitled to file; contents; amendments
756.512 Notice
of complaint to defendant; responsive pleadings; setting cause for hearing
756.515 Investigations
and hearings on commission’s own motion; hearings for aggrieved persons
HEARING PROCEDURE
756.518 Procedures
applicable to all matters before commission; oral hearing; rules
756.521 Public
hearings; record required; furnishing transcripts
756.525 Parties
to proceedings
756.528 Segregation
of issues
756.534 Place
of hearings; continuation
756.538 Taking
and use of depositions; rules
756.543 Issuance
of subpoenas; failure to comply
756.549 Self-incrimination
of witnesses in commission proceedings
756.552 Self-incrimination
of witnesses in court proceedings
756.555 Powers
of commission at hearings
756.558 Taking
of evidence; findings; issuance of orders; providing copies of orders
756.561 Rehearing;
reconsideration
756.565 Prima
facie effect of commission actions
756.568 Rescission,
suspension and amendment of orders
756.572 Effect
of orders on successors in interest
756.575 Notice
of acceptance of terms of orders
756.610 Judicial
review
PENALTIES
756.990 Penalties
GENERAL PROVISIONS
756.010
Definitions. As used in ORS
chapters 756, 757, 758 and 759, except as otherwise specifically provided or
unless the context requires otherwise:
(1) “Commission” means the Public Utility
Commission of Oregon.
(2) “Commissioner” means a member of the
Public Utility Commission of Oregon.
(3) “Customer” includes the patrons,
passengers, shippers, subscribers, users of the service and consumers of the
product of a public utility or telecommunications utility.
(4) “Municipality” means any city,
municipal corporation or quasi-municipal corporation.
(5) “Person” includes individuals, joint
ventures, partnerships, corporations and associations or their officers,
employees, agents, lessees, assignees, trustees or receivers.
(6) “Public utility” has the meaning given
that term in ORS 757.005.
(7) “Rate” means any fare, charge, joint
rate, schedule or groups of rates or other remuneration or compensation for
service.
(8) “Service” is used in its broadest and
most inclusive sense and includes equipment and facilities related to providing
the service or the product served.
(9) “Telecommunications utility” has the
meaning given that term in ORS 759.005. [Amended by 1971 c.655 §2; 1973 c.776 §14;
1977 c.337 §1; 1985 c.834 §6; 1987 c.447 §75; 1991 c.841 §1; 1995 c.733 §52]
COMMISSION
POWERS AND DUTIES
(Generally)
756.014
Public Utility Commission; appointment; confirmation; term; removal. (1) There is created the Public Utility
Commission of Oregon. The commission shall be composed of three members
appointed by the Governor, subject to confirmation by the Senate pursuant to
section 4, Article III of the Oregon Constitution. No more than two of such
members shall be of the same political party.
(2) Each commissioner shall hold office
for the term of four years. A commissioner shall hold office until a successor
has been appointed and qualified. The chairperson shall be designated by the
Governor and shall serve as chairperson at the pleasure of the Governor.
(3) Any vacancy occurring in the office of
commissioner shall be filled by appointment by the Governor to hold office for
the balance of the unexpired term.
(4) The Governor may at any time remove a
commissioner for any cause deemed by the Governor sufficient. Before such
removal the Governor shall give the commissioner a copy of the charges, and
shall fix a time when the commissioner can be heard, which shall not be less
than 10 days thereafter. The hearing shall be open to the public. If the commissioner
is removed, the Governor shall file in the office of the Secretary of State a
complete statement of all charges made against the commissioner, and the
findings thereon with a record of the proceedings. Such power of removal is
absolute, and there is no right of review of the same in any court. [1985 c.834
§2; 1999 c.1102 §1]
756.016
Quorum; seal; individual commissioner authorized to act for commission. (1) A majority of the commissioners shall
constitute a quorum for the transaction of any business, for the performance of
any duty or for the exercise of any power of the Public Utility Commission.
(2) The commission shall have a seal with
the words “Public Utility Commission of Oregon” and such other design as the
commission may prescribe engraved thereon, by which the proceedings of the
commission shall be authenticated and of which the courts shall take judicial
notice.
(3) Any investigation, inquiry or hearing
which the commission has power to undertake or to hold may be undertaken or
held by or before any commissioner designated by order of the commission.
Except as provided in ORS 756.055, all investigations, inquiries and hearings
so held shall be conducted as though by the full commission with such
commissioner empowered to exercise all the powers of the commission with
respect thereto. [1985 c.834 §§3,4,5]
756.020 [Amended by 1973 c.792 §48; 1983 c.540 §1;
repealed by 1985 c.834 §12]
756.022
Oath of office. Before
entering upon the duties of office, each commissioner shall take and subscribe
to an oath or affirmation to support the Constitution of the
756.026
Prohibited interests of commissioner and family. (1) No member of the Public Utility
Commission shall:
(a) Hold any other office of profit;
(b) Hold any office or position under any
political committee or party;
(c) Hold any pecuniary interest in any
business entity conducting operations which if conducted in this state would be
subject to the commission’s regulatory jurisdiction; or
(d) Hold any pecuniary interest in, have
any contract of employment with, or have any substantial voluntary transactions
with any business or activity subject to the commission’s regulatory
jurisdiction.
(2) The prohibitions of subsection (1)(c)
and (d) of this section apply to the spouse and minor children of each
commissioner.
(3) If the Governor determines that any commissioner
has done any act prohibited by subsection (1) of this section, or that a
commissioner’s spouse or a minor child has done any act prohibited by
subsection (2) of this section, the Governor shall remove the commissioner in
the manner provided in ORS 756.014 (4).
(4) Subsection (3) of this section does
not apply to a commissioner if the commissioner or the commissioner’s spouse or
a minor child acquires any pecuniary interest prohibited by subsection (1) or
(2) of this section, advises the Governor of such acquisition, and causes
divestiture of such interest within the time specified by the Governor.
(5) For purposes of subsection (1) of this
section, a business or activity shall not be considered subject to the
commission’s regulatory jurisdiction solely because the business or activity is
a private carrier as defined by ORS 825.005. [1971 c.655 §4; 1985 c.834 §8;
1987 c.123 §1; 1995 c.306 §41]
756.028
Employee statements regarding prohibited interests. Each employee of the Public Utility Commission
shall file with the commission a statement regarding holdings of the employee
and the holdings of the employee’s spouse and minor children of any pecuniary
interest in any business or activity subject to the commission’s regulatory
jurisdiction. Supplementary statements shall be filed as such pecuniary
interests are acquired or divested. The statements shall be in such form as the
commission prescribes. If the commission determines that an employee or spouse
or minor child of the employee holds any such pecuniary interest that may
interfere with the impartial discharge of the employee’s duties, the commission
shall order divestiture of the interest. [1971 c.655 §5]
756.030 [Repealed by 1971 c.655 §250]
756.032
Employee dismissal for retention of prohibited interests or failure to file
statements. (1) The Public
Utility Commission shall dismiss an employee:
(a) Who fails to file the statement
required by ORS 756.028 before the 11th day after the date of employment.
(b) Who fails to file the supplementary
statement required by ORS 756.028 before the 11th day after the acquisition of
a pecuniary interest.
(c) Who fails to cause divestiture of a
pecuniary interest within the time specified in an order issued pursuant to ORS
756.028.
(2) Dismissal of an employee under
subsection (1) of this section is subject to the procedure and appeal provided
in ORS 240.555 and 240.560. An employee so dismissed is eligible for
reemployment. [1971 c.655 §6; 1979 c.468 §34; 2003 c.14 §452]
756.034
Intent of prohibited interest provisions. Nothing in ORS 756.022 to 756.032 is intended to authorize any act
otherwise prohibited by law. [1971 c.655 §7]
756.036
Duties and functions. (1)
The Public Utility Commission may:
(a) Organize and reorganize the office of
the Public Utility Commission in the manner that it considers necessary to
properly discharge the responsibilities of the Public Utility Commission.
(b) Contract for or procure on a fee or
part-time basis, or both, such experts, technical or other professional services
as it may require for the discharge of its duties.
(c) Obtain such other services as it
considers necessary or desirable.
(d) Participate in organizations of
regional and national utility commissions.
(e) Appoint advisory committees. A member
of an advisory committee so appointed shall receive no compensation for
services as a member. Subject to any applicable law regulating travel and other
expenses of state officers and employees, the member shall receive actual and
necessary travel and other expenses incurred in the performance of official
duties.
(2) Subject to any applicable law
regulating travel and other expenses of state officers and employees, the
commissioners and the officers and employees of the commission shall be
reimbursed for such reasonable and necessary travel and other expenses incurred
in the performance of their official duties.
(3) The chairperson of the commission
appointed under ORS 756.014 shall serve as the administrative head of the
commission and has the power to:
(a) With the consent of one or more of the
other members of the commission, appoint and employ all subordinate officers
and employees, including, but not limited to, deputies, assistants, engineers,
examiners, accountants, auditors, inspectors and clerical personnel, prescribe
their duties and fix their compensation, subject to the State Personnel
Relations Law.
(b) Prescribe internal policies and
procedures for the government of the commission, the conduct of its employees,
the assignment and performance of its business and the custody, use and
preservation of its records, papers and property in a manner consistent with
applicable law. [1971 c.655 §8; 1985 c.834 §9; 1999 c.1102 §2; 2003 c.14 §453]
756.037
Commission authority to provide assistance, information, resources and advice
to Legislative Assembly. The
Public Utility Commission and commission staff may provide such assistance to
the Legislative Assembly and its committees as required by the Legislative
Assembly for the performance of its duties, and may furnish to the Legislative
Assembly and its committees such information, resources and advice as the
members of the Legislative Assembly consider necessary for the performance of
legislative duties. [2001 c.558 §2]
756.040
General powers. (1) In addition
to the powers and duties now or hereafter transferred to or vested in the
Public Utility Commission, the commission shall represent the customers of any
public utility or telecommunications utility and the public generally in all
controversies respecting rates, valuations, service and all matters of which
the commission has jurisdiction. In respect thereof the commission shall make
use of the jurisdiction and powers of the office to protect such customers, and
the public generally, from unjust and unreasonable exactions and practices and
to obtain for them adequate service at fair and reasonable rates. The
commission shall balance the interests of the utility investor and the consumer
in establishing fair and reasonable rates. Rates are fair and reasonable for
the purposes of this subsection if the rates provide adequate revenue both for
operating expenses of the public utility or telecommunications utility and for
capital costs of the utility, with a return to the equity holder that is:
(a) Commensurate with the return on
investments in other enterprises having corresponding risks; and
(b) Sufficient to ensure confidence in the
financial integrity of the utility, allowing the utility to maintain its credit
and attract capital.
(2) The commission is vested with power
and jurisdiction to supervise and regulate every public utility and
telecommunications utility in this state, and to do all things necessary and
convenient in the exercise of such power and jurisdiction.
(3) The commission may participate in any
proceeding before any public officer, commission or body of the
(4) The commission may make joint
investigations, hold joint hearings within or without this state and issue
concurrent orders in conjunction or concurrence with any official, board,
commission or agency of any state or of the
756.045
Employing legal counsel.
Upon request by the Public Utility Commission, the Attorney General shall
furnish to the commission such attorneys as the commission finds necessary. [Formerly
756.150]
756.047
Authority of commission to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the Public Utility Commission
may require the fingerprints of a person who:
(1)(a) Is employed or applying for
employment by the commission; or
(b) Provides services or seeks to provide
services to the commission as a contractor or volunteer; and
(2) Is, or will be, working or providing
services in a position:
(a) In which the person has access to
chemicals or hazardous materials, to facilities in which chemicals and
hazardous materials are present or to information regarding the transportation
of chemical or hazardous materials;
(b) In which the person inspects gas or
electrical lines or facilities;
(c) In which the person has access to
critical infrastructure or security-sensitive facilities or information; or
(d) That has fiscal, payroll or purchasing
responsibilities as one of the position’s primary responsibilities. [2005 c.730
§69]
Note: 756.047 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 756 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
756.050
Office, office supplies and sessions of commission. (1) The Public Utility Commission shall keep
office at the capital and shall be provided with suitable office quarters under
ORS 276.004. Necessary office furniture, supplies, stationery, books,
periodicals and maps shall be furnished, and all necessary expenses therefor
shall be audited and paid as other state expenses are audited and paid.
(2) The commission may hold sessions and
maintain offices at places other than the capital for the more convenient and
efficient performance of the duties imposed upon the commission by law, and
shall upon request be provided by the county court or board of county
commissioners of any county in the state with suitable rooms for offices and
hearings. [Amended by 1969 c.706 §64g; 1971 c.655 §11]
756.055
Delegation of authority. (1)
Except as provided in subsection (2) of this section, the Public Utility
Commission may designate by order or rule any commissioner or any named employee
or category of employees who shall have authority to exercise any of the duties
and powers imposed upon the commission by law. The official act of any
commissioner or employee so exercising any such duties or powers is considered
to be an official act of the commission.
(2) The commission may not delegate to any
commissioner, named employee or category of employees under subsection (1) of
this section the authority to:
(a) Sign an interim or final order after
hearing;
(b) Sign any order upon any investigation
the commission causes to be initiated;
(c) Sign an order that makes effective a
rule;
(d) Enter orders on reconsideration or
following rehearing; or
(e) Grant immunity from prosecution,
forfeiture or penalty. [1971 c.655 §12; 1985 c.834 §10]
756.060
Authority to adopt rules and regulations. The Public Utility Commission may adopt and amend reasonable and
proper rules and regulations relative to all statutes administered by the
commission and may adopt and publish reasonable and proper rules to govern
proceedings and to regulate the mode and manner of all investigations and
hearings of public utilities and telecommunications utilities and other parties
before the commission. [Amended by 1971 c.655 §13; 1973 c.776 §16; 1987 c.447 §77;
1995 c.733 §54]
756.062
Substantial compliance with laws adequate for commission activities; construction
of laws generally. (1) A
substantial compliance with the requirements of the laws administered by the
Public Utility Commission is sufficient to give effect to all the rules,
orders, acts and regulations of the commission and they shall not be declared
inoperative, illegal or void for any omission of a technical nature in respect
thereto.
(2) The provisions of such laws shall be
liberally construed in a manner consistent with the directives of ORS 756.040
(1) to promote the public welfare, efficient facilities and substantial justice
between customers and public and telecommunications utilities. [Formerly
757.025; 1973 c.776 §17; 1987 c.447 §78; 1995 c.733 §55; 2001 c.569 §2]
756.064 [1971 c.655 §15; 1973 c.776 §18; repealed by
1975 c.605 §33]
756.068
Service of notice or other legal process. The service or delivery of any notice, order, form or other document
or legal process required to be made by the Public Utility Commission may be
made by mail. If by mail, service or delivery is made when the required
material is deposited in the post office, in a sealed envelope with postage
paid, addressed to the person on whom it is to be served or delivered, at the
address as it last appears in the records of the commission. [1971 c.655 §16]
(Investigatory
Powers)
756.070
Investigating management of utilities. The Public Utility Commission may inquire into the management of the
business of all public utilities and telecommunications utilities and shall
keep informed as to the manner and method in which they are conducted and has
the right to obtain from any public utility or telecommunications utility all
necessary information to enable the commission to perform duties. [Amended by
1971 c.655 §17; 1973 c.776 §19; 1987 c.447 §70; 1995 c.733 §56]
756.075
Right of entry for examination of equipment, records or employees; use of
findings. (1) The Public
Utility Commission or authorized representatives may enter upon any premises,
or any equipment or facilities operated or occupied by any public utility or
telecommunications utility for the purpose of making any inspection,
examination or test reasonably required in the administration of ORS chapter
756, 757, 758 or 759 and to set up and use on such premises equipment or
facilities any apparatus and appliances and occupy reasonable space therefor.
(2) The commission or authorized
representatives shall, upon demand, have the right to inspect the books,
accounts, papers, records and memoranda of any public utility or
telecommunications utility and to examine under oath any officer, agent or
employee of such public utility or telecommunications utility in relation to
its business and affairs.
(3) Any person who on behalf of the
commission makes demand of a public utility or telecommunications utility for
an examination, inspection or test shall, upon request therefor, produce a
certificate under the seal of the commission showing authority to make such
examination, inspection or test.
(4) Nothing in this section authorizes the
commission to use any information developed thereunder for any purpose
inconsistent with any statute administered by the commission or to make a
disclosure thereof for other than regulatory purposes. [Formerly 757.260; 1973
c.776 §20; 1987 c.447 §80; 1995 c.733 §57]
756.080 [Repealed by 1971 c.655 §250]
756.090
Maintaining and producing records; expenses of examining out-of-state records. (1) The Public Utility Commission may
require by rule, or by order or subpoena to be served on any public utility or
telecommunications utility the maintaining within this state or the production
within this state at such time and place as the commission may designate, of
any books, accounts, papers or records kept by such public utility or
telecommunications utility in any office or place within or without this state,
or verified copies in lieu thereof, if the commission so orders, in order that
an examination thereof may be made by the commission or under direction of the
commission.
(2) When a public utility or
telecommunications utility keeps and maintains its books, accounts, papers or
records outside the state, the commission may examine such documents and shall
be reimbursed by the public utility or telecommunications utility for all
expenses incurred in making such out-of-state examination. [Amended by 1971
c.655 §19; 1973 c.776 §21; 1987 c.447 §81; 1995 c.733 §58]
756.100 [Repealed by 1953 c.25 §2]
756.105
Duty to furnish information to commission. (1) Every public utility or telecommunications utility shall furnish
to the Public Utility Commission all information required by the commission to
carry into effect the provisions of ORS chapters 756, 757, 758 and 759 and
shall make specific answers to all questions submitted by the commission.
(2) If a public utility or
telecommunications utility is unable to furnish any information required under
subsection (1) of this section for any reason beyond its control, it is a good
and sufficient reason for such failure. The answer or information shall be
verified under oath and returned to the commission at the commission’s office
within the period fixed by the commission. [Formerly 757.115; 1973 c.776 §22;
1987 c.447 §82; 1995 c.733 §59]
756.110 [Repealed by 1953 c.25 §2]
756.115
Failure to furnish requested information. No officer, agent or employee of any public utility, or
telecommunications utility shall:
(1) Fail or refuse to fill out and return
any forms required by the Public Utility Commission;
(2) Fail or refuse to answer any question
therein propounded;
(3) Knowingly or willfully give a false
answer to any such question or evade the answer to any such question where the
fact inquired of is within the person’s knowledge;
(4) Upon proper demand, fail or refuse to
exhibit to the commission or any person authorized to examine the same, any
book, paper, account, record or memorandum of such public utility or
telecommunications utility which is in possession or under the control of the
person;
(5) Fail to properly use and keep a system
of accounting or any part thereof, as prescribed by the commission; or
(6) Refuse to do any act or thing in
connection with such system of accounting when so directed by the commission or
authorized representative. [Formerly 757.180; 1973 c.776 §23; 1987 c.447 §83;
1995 c.733 §60]
756.120 [Repealed by 1971 c.655 §250]
756.125
Interference with commission’s equipment. No person shall destroy, injure or interfere with any apparatus or
appliance owned or operated by or in charge of the Public Utility Commission,
or any apparatus or appliance sealed by the commission. [Formerly 757.340]
756.130 [Repealed by 1971 c.655 §250]
756.140 [Repealed by 1971 c.655 §250]
756.150 [Amended by 1971 c.655 §10; renumbered
756.045]
ENFORCEMENT
AND REMEDIES
756.160
Enforcement of statutes and ordinances relating to utilities. (1) The Public Utility Commission shall
inquire into any neglect or violation of any law of this state or any law or
ordinance of any municipality thereof relating to public utilities and
telecommunications utilities by any public utility or telecommunications
utility doing business therein, its officers, agents or employees and shall
enforce all laws of this state relating to public utilities and telecommunications
utilities and may enforce all such laws and ordinances of a municipality. The
commission shall report all violations of any such laws or ordinances to the
Attorney General.
(2) The Attorney General, district
attorney of each county, and all state, county and city police officers shall
assist the commission in the administration and enforcement of all laws
administered by the commission, and they, as well as assistants and employees
of the commission, shall inform against and diligently prosecute all persons
whom they have reasonable cause to believe guilty of violation of any such laws
or of the rules, regulations, orders, decisions or requirements of the
commission made pursuant thereto.
(3) Upon the request of the commission,
the Attorney General or the district attorney of the proper county shall aid in
any investigation, hearing or trial, and shall institute and prosecute all
necessary suits, actions or proceedings for the enforcement of those laws and
ordinances referred to in subsection (1) of this section.
(4) Any forfeiture or penalty provided for
in any law administered by the commission shall be recovered by an action
brought thereon in the name of the State of
756.170 [Repealed by 1971 c.655 §250]
756.180
Enforcing utility laws. (1)
Whenever it appears to the Public Utility Commission that any public utility or
telecommunications utility or any other person subject to the jurisdiction of
the commission is engaged or about to engage in any acts or practices which
constitute a violation of any statute administered by the commission, or any
rule, regulation, requirement, order, term or condition issued thereunder, the
commission may apply to any circuit court of the state where such public
utility or telecommunications utility or other person subject to the
jurisdiction of the commission operates for the enforcement of such statute,
rule, regulation, requirement, order, term or condition.
(2) Such court, without bond, has
jurisdiction to enforce obedience thereto by injunction, or by other processes,
mandatory or otherwise, restraining such public utility or telecommunications
utility or any other person subject to the jurisdiction of the commission, or
its officers, agents, employees and representatives from further violations of
such statute, rule, regulation, requirement, order, term or condition, and
enjoining upon them obedience thereto.
(3) The provisions of this section are in
addition to and not in lieu of any other enforcement provisions contained in
any statute administered by the commission. [Amended by 1971 c.655 §24; 1973
c.232 §5; 1973 c.776 §25; 1987 c.447 §85; 1995 c.733 §62]
756.185
Right to recover for wrongs and omissions; treble damages. (1) Any public utility which does, or causes
or permits to be done, any matter, act or thing prohibited by ORS chapter 756,
757 or 758 or omits to do any act, matter or thing required to be done by such
statutes, is liable to the person injured thereby in the amount of damages
sustained in consequence of such violation. If the party seeking damages
alleges and proves that the wrong or omission was the result of gross
negligence or willful misconduct, the public utility is liable to the person
injured thereby in treble the amount of damages sustained in consequence of the
violation. Except as provided in subsection (2) of this section, the court may
award reasonable attorney fees to the prevailing party in an action under this
section.
(2) The court may not award attorney fees
to a prevailing defendant under the provisions of subsection (1) of this
section if the action under this section is maintained as a class action
pursuant to ORCP 32.
(3) Any recovery under this section does
not affect recovery by the state of the penalty, forfeiture or fine prescribed
for such violation.
(4) This section does not apply with
respect to the liability of any public utility for personal injury or property
damage. [Formerly 757.335; 1973 c.776 §26; 1981 c.856 §1; 1981 c.897 §104a;
1987 c.447 §86; 1989 c.827 §1; 1995 c.696 §48; 1995 c.733 §63]
756.190 [Repealed by 1971 c.655 §250]
756.200
Effect of utility laws on common law and other statutory rights of action,
duties and liabilities. (1)
The remedies and enforcement procedures provided in ORS chapters 756, 757, 758
and 759 do not release or waive any right of action by the state or by any
person for any right, penalty or forfeiture which may arise under any law of
this state or under an ordinance of any municipality thereof.
(2) All penalties and forfeiture accruing
under said statutes and ordinances are cumulative and a suit for and recovery
of one, shall not be a bar to the recovery of any other penalty.
(3) The duties and liabilities of the
public utilities or telecommunications utilities shall be the same as are
prescribed by the common law, and the remedies against them the same, except
where otherwise provided by the Constitution or statutes of this state, and the
provisions of ORS chapters 756, 757, 758 and 759 are cumulative thereto. [Formerly
760.045; 1973 c.776 §27; 1987 c.447 §87; 1995 c.733 §64]
FUNDS AND
FEES
756.305
Public Utility Commission Account. (1) There hereby is established in the General Fund an account to be
known as the Public Utility Commission Account. Except as limited by ORS
756.360, all moneys, without regard to their sources, credited to the Public
Utility Commission Account hereby are appropriated continuously to the Public
Utility Commission for the payment of any and all of the expenses of the Public
Utility Commission.
(2) The Public Utility Commission shall
keep a record of all moneys deposited in the Public Utility Commission Account.
The record shall indicate by separate cumulative accounts the source from which
the moneys are derived and the individual activity or program against which
each withdrawal is charged. [1957 c.459 §1; 1971 c.655 §27; 1997 c.249 §220]
756.310
Annual fees payable by utilities and telecommunications providers. (1) Subject to the provisions of subsections
(3) and (4) of this section, each public utility and telecommunications
provider shall pay a fee to the Public Utility Commission in each calendar
year. The amount of the fee shall equal the amount that the commission finds
and determines to be necessary, together with the amount of all other fees paid
or payable to the commission by such public utilities and telecommunications
providers in the current calendar year, to defray the costs of performing the
duties imposed by law upon the commission with respect to the public utilities
and telecommunications providers, and to pay those amounts as may be necessary
to obtain matching funds to implement the program referred to in ORS 824.058.
(2) In each calendar year the percentage
rate of the fee required to be paid by public utilities shall be determined by
orders entered by the commission on or after March 1 of each year. Notice of
the orders shall be given to each utility. The utility shall pay to the
commission the fee or portion thereof so computed upon the date specified in
the notice. The date of payment shall be at least 15 days after the date of
mailing of the notice.
(3) The fee payable under subsection (1)
of this section by each public utility may not be less than $10, or more than
twenty-five hundredths of one percent of the utility’s gross operating revenues
derived within this state in the preceding calendar year. For the purpose of
this subsection, the gross operating revenues of an electric company do not include
revenues from sales of power for resale to the extent that the revenues from
those sales exceed an amount equal to 25 percent of the total revenues received
by the electric company from sales of electricity to end users in the preceding
calendar year.
(4)(a) For a telecommunications provider,
the fee payable under subsection (1) of this section shall be a percentage
amount not to exceed twenty-five hundredths of one percent of the provider’s
gross retail intrastate revenue for each calendar year, but may not be less
than $100. The percentage amount shall be determined by order of the commission
not less than 60 days prior to the calendar year upon which the fee is based.
The fee shall be payable to the commission not later than April 1 of the year following
that calendar year.
(b) A telecommunications provider shall
collect the fee payable under subsection (1) of this section by charging an
apportioned amount to each of the provider’s retail customers. The amount of
the charge shall be described on the retail customer’s bill in a manner
determined by the provider.
(c) In the event a telecommunications
utility has an approved rate that includes the fee required under subsection
(1) of this section and separately charges retail customers for the fee described
in this section, at the time the utility begins collecting the charge the
utility shall file with the commission a rate schedule reducing rates in an
amount projected to equal the amount separately charged to customers.
(5) The commission may use any of its
investigatory and enforcement powers provided under this chapter for the
purpose of administering and enforcing the provisions of this section.
(6) As used in this section:
(a) “Electric company” means any entity
that is a public utility under ORS 757.005 that is engaged in the business of
distributing electricity to retail electric customers in
(b) “Retail customer” does not include a
purchaser of intrastate telecommunications services who is a telecommunications
provider, telecommunications cooperative, interexchange carrier or radio common
carrier.
(c) “Telecommunications provider” means
any entity that is a telecommunications utility or a competitive
telecommunications provider as defined in ORS 759.005. [Amended by 1953 c.10 §2;
1957 c.464 §1; 1959 c.355 §1; 1961 c.109 §1; 1963 c.89 §1; 1971 c.132 §1; 1973
c.170 §1; 1975 c.127 §1; 1985 c.293 §1; 1987 c.439 §1; 1987 c.447 §88; 1991
c.841 §2; 1995 c.733 §65; 1997 c.826 §8; 1999 c.339 §1; 2007 c.245 §1]
756.315 [1989 c.1041 §2; repealed by 1991 c.841 §4]
756.320
Statements accompanying fees; audit and refunding by commission. Payment of each fee or portion thereof
provided for in ORS 756.310 shall be accompanied by a statement verified by the
public utility or telecommunications provider involved, showing the basis upon
which the fee or portion thereof is computed. This statement shall be in such
form and detail as the Public Utility Commission shall prescribe and shall be
subject to audit by the commission. The commission may refund any overpayment
of any such fee in the same manner as other claims and expenses of the
commission are payable as provided by law. [Amended by 1987 c.447 §89; 1995
c.733 §66; 1997 c.826 §9; 1999 c.339 §2]
756.325
Distribution of information filed with commission; fees; rules. (1) The Public Utility Commission may by
rule prescribe for the free distribution for public information or educational
purposes or applicable charge for any blank forms, transcript, document, order,
statistical data or publication prepared by and on file in the office of the
commission. In no event shall the fee exceed the cost of preparing, reproducing
and distributing such blank forms, transcript, document, order, statistical
data or publication.
(2) In the ordinary course of distribution,
no fee shall be charged or collected for copies of published documents
furnished to public officers for use in their official capacity, or for annual
reports of the commission. [1971 c.655 §28]
756.330 [Amended by 1965 c.288 §1; repealed by 1971
c.655 §250]
756.340 [Repealed by 1971 c.655 §250]
756.350 Penalty for failure to pay fees; action to collect unpaid fees and penalties. Every person who fails to pay any fees provided for in ORS 756.310 or 756.320 after they are due and payable shall, in addition to such fees, pay a penalty of two percent of such fees for each and every month or fraction thereof that they remain unpaid. If, in the judgment of the Public Utility Commission, action is nec