2007 Oregon Code - Chapter 756 :: TITLE 57
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 commissions 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 commissions 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 commissions 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 commissions 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
commissioners 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 commissioners 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
commissions 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 employees spouse and minor children of any pecuniary
interest in any business or activity subject to the commissions 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 employees 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 positions 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 commissions 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 persons 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 commissions 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 utilitys 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 providers
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 providers retail customers. The amount of
the charge shall be described on the retail customers 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 necessary to collect any unpaid fees
or penalties, the commission shall bring such action or take such proceedings
as may be necessary thereon in the name of the State of Oregon in any court of
competent jurisdiction, and be entitled to recover all costs and disbursements
incurred therein. [Amended by 1971 c.655 §29]
756.360
Disposal and use of fees and penalties collected. All fees, fines, penalties and other moneys
collected by the Public Utility Commission under ORS 756.310, 756.320, 756.350,
758.015, 758.400 to 758.475 and ORS chapter 759 shall be paid by the commission
into the State Treasury within 30 days after the collection thereof, and shall
be placed by the State Treasurer to the credit of the Public Utility Commission
Account and the fees, fines, penalties and other moneys collected from:
(1) Public utilities shall be used only
for the purpose of paying the expenses of the commission in performing the
duties imposed by law upon the commission in respect to utilities, and for the
purpose of paying the expenses of the Office of the Governor for its
responsibilities in administering energy conservation and allocation programs.
(2) Telecommunications providers shall be
used only for the purpose of paying the expenses of the commission in
performing the duties imposed by law upon the commission in respect to
telecommunications providers, and for the purpose of paying the expenses of the
Office of the Governor for its responsibilities in administering energy
conservation and allocation programs. [Amended by 1957 c.459 §7; 1967 c.164 §3;
1971 c.655 §30; 1973 c.776 §28; 1974 c.59 §1; 1987 c.447 §90; 1995 c.733 §67;
1999 c.339 §3]
756.370 [Formerly 757.065; repealed by 1983 c.40 §1]
756.375 [Formerly 757.070; repealed by 1983 c.40 §1]
756.380 [Formerly 757.080; 1995 c.306 §42;
renumbered 823.071 in 1995]
756.385 [Formerly 757.085; 1995 c.733 §67a;
renumbered 823.073 in 1995]
756.390 [Formerly 757.090; 1983 c.78 §1; 1995 c.733 §67b;
renumbered 823.075 in 1995]
756.400 [1971 c.655 §31; repealed by 1983 c.540 §10]
756.410 [1971 c.655 §32; 1977 c.253 §1; repealed by
1983 c.540 §10]
756.420 [1971 c.655 §33; repealed by 1983 c.540 §10]
756.430 [1971 c.655 §34; repealed by 1983 c.540 §10]
756.440 [1971 c.655 §35; repealed by 1983 c.540 §10]
DECLARATORY
RULINGS
756.450
Declaratory rulings. On
petition of any interested person, the Public Utility Commission may issue a
declaratory ruling with respect to the applicability to any person, property,
or state of facts of any rule or statute enforceable by the commission. A
declaratory ruling is binding between the commission and the petitioner on the
state of facts alleged, unless it is modified, remanded or set aside by a
court. However, the commission may review the ruling and modify or set it aside
if requested by the petitioner or other party to the proceeding. Binding
rulings provided by this section are subject to judicial review as orders in
contested cases in the manner provided by ORS 756.610. [1971 c.655 §36; 2005
c.638 §2]
COMPLAINT AND
INVESTIGATION PROCEDURE
756.500
Complaint; persons entitled to file; contents; amendments. (1) Any person may file a complaint before
the Public Utility Commission, or the commission may, on the commissions own
initiative, file such complaint. The complaint shall be against any person
whose business or activities are regulated by some one or more of the statutes,
jurisdiction for the enforcement or regulation of which is conferred upon the
commission. The person filing the complaint shall be known as the complainant
and the person against whom the complaint is filed shall be known as the
defendant.
(2) It is not necessary that a complainant
have a pecuniary interest in the matter in controversy or in the matter
complained of, but the commission shall not grant any order of reparation to
any person not a party to the proceedings in which such reparation order is
made.
(3) The complaint shall state all grounds
of complaint on which the complainant seeks relief or the violation of any law
claimed to have been committed by the defendant, and the prayer of the complaint
shall pray for the relief to which the complainant claims the complainant is
entitled.
(4) The complaint may, at any time before
the completion of taking of evidence, be amended by order of the commission.
However, if a charge not contained in the original complaint or a prior amended
complaint is sought to be made by any such amendment, the defendant shall be
given a reasonable time to investigate the new charge and answer the amended
complaint. The final hearing shall, if necessary, be continued until some date
after the defendant has had a reasonable time to investigate and be prepared to
meet the amended complaint.
(5) Notwithstanding subsection (1) of this
section, any public utility or telecommunications utility may make complaint as
to any matter affecting its own rates or service with like effect as though
made by any other person, by filing an application, petition or complaint with
the commission. [Formerly 756.520; 1987 c.447 §91; 1995 c.733 §68]
756.505 [Repealed by 1971 c.655 §250]
756.510 [Amended by 1971 c.655 §40; renumbered
756.518]
756.512
Notice of complaint to defendant; responsive pleadings; setting cause for
hearing. (1) The Public
Utility Commission shall serve a copy of the complaint upon the defendant, and
shall give the defendant at least 10 days within which to respond to the
complaint. Within the time so fixed, or such further time as the commission
shall fix, the defendant shall file an answer to the complaint, taking issue on
such parts of the complaint as the defendant desires and setting forth such
additional matter as shall be pertinent to the matter in controversy. Such
additional matter shall be deemed denied without the filing of any other
pleading by the complainant. After the filing of the answer the commission
shall set the matter for hearing, giving the defendant at least 10 days
written notice of the time and place of the hearing, unless the commission for
good reason stated in the notice, fixes a shorter time. Amendment of any answer
may be permitted by order of the commission.
(2) If the defendant fails to file a
responsive pleading or otherwise appear within the time prescribed in
subsection (1) of this section, or if the responsive pleading filed raises no
issue of law or fact, the commission may act on the complaint without a
hearing. [Formerly 756.530]
756.515
Investigations and hearings on commissions own motion; hearings for aggrieved
persons. (1) Whenever the
Public Utility Commission believes that any rate may be unreasonable or
unjustly discriminatory, or that any service is unsafe or inadequate, or is not
afforded, or that an investigation of any matter relating to any public utility
or telecommunications utility or other person should be made, or relating to
any person to determine if such person is subject to the commissions
regulatory jurisdiction, the commission may on motion summarily investigate any
such matter, with or without notice.
(2) If after making such investigation the
commission is satisfied that sufficient grounds exist to warrant a hearing
being ordered upon any such matter, the commission shall furnish any public
utility or telecommunications utility or other person interested a statement
notifying it of the matters under investigation, which statement shall be
accompanied by a notice fixing the time and place for hearing upon such matters
in the manner provided in ORS 756.512 for notice of complaint.
(3) Thereafter proceedings shall be had
and conducted in reference to the matters investigated in like manner as though
complaint had been filed with the commission relative thereto, and the same
orders may be made in reference thereto as if such investigation had been made
on complaint.
(4) The commission may, after making an
investigation on the commissions motion, but without notice or hearing, make
such findings and orders as the commission deems justified or required by the
results of such investigation. Except as provided in subsections (5) and (6) of
this section such findings and orders have the same legal force and effect as
any other finding or order of the commission.
(5) In addition to any other remedy
provided by law, any party aggrieved by an order entered pursuant to subsection
(4) of this section may request the commission to hold a hearing to determine
whether the order should continue in effect. Any such request for hearing shall
be submitted to the commission not later than 15 days after the date of service
of the order, and the commission shall hold the hearing not later than 60 days
after receipt of such a request for hearing.
(6) If the commission receives a request
for hearing pursuant to subsection (5) of this section, the order is suspended
pending the outcome of the hearing unless the commission finds that the order
is necessary for the public health or safety or to prevent the dissipation of
assets of a business or activity subject to the commissions regulatory
jurisdiction. [Formerly 757.515; 1973 c.776 §29; 1975 c.318 §1; 1983 c.703 §18;
1987 c.447 §92; 1995 c.733 §69]
HEARING
PROCEDURE
756.518
Procedures applicable to all matters before commission; oral hearing; rules. (1) Except as otherwise provided the
provisions of ORS 756.500 to 756.610 apply to and govern all hearings upon any
matter or issue coming before the Public Utility Commission under any statute
administered by the commission, whether instituted on the application, petition
or complaint of others or initiated by the commission, together with the orders
of the commission therein and the review thereof in the courts.
(2) Upon request of any party in a major
proceeding before the commission, the commission shall afford the parties an
opportunity for oral argument before a final order is issued. There must be a
quorum of the commission present at the time the oral argument is made. The commission
shall adopt rules that establish criteria for determining which proceedings
give rise to a right to oral argument under this subsection. In addition, the
commission may adopt rules governing participation in oral arguments,
cross-examination of witnesses, draft or proposed orders or such other matters
as the commission deems appropriate. [Formerly 756.510; 2001 c.558 §3]
756.519 [1977 c.424 §2; 1985 c.59 §1; repealed by
1995 c.733 §74]
756.520 [Amended by 1971 c.655 §37; renumbered
756.500]
756.521
Public hearings; record required; furnishing transcripts. All hearings shall be open to the public and
may be had before the Public Utility Commission, an examiner or any other
person authorized to hold such hearing. A full record thereof shall be kept.
However, it shall not be necessary to transcribe testimony unless requested.
For purposes of rehearing or reconsideration under ORS 756.561, a transcription
shall be made at the commissions expense, and copies of such transcription
shall be supplied to the parties, at cost. A copy of the transcript shall be
supplied to a party without cost upon the filing with the commission of a
satisfactory affidavit of indigency. [1971 c.655 §41; 2005 c.638 §3]
756.525
Parties to proceedings. (1)
The Public Utility Commission may permit any person to become a party who
might, on the institution of the proceeding, have been such a party, if
application therefor is made before the final taking of evidence in the
proceeding.
(2) At any time before the final taking of
evidence in a proceeding, any person may apply to the commission for permission
to appear and participate in the proceeding. The commission shall determine the
interest of the applicant in the proceeding and shall grant the application,
subject to appropriate conditions, if the commission determines that such
appearance and participation will not unreasonably broaden the issues or burden
the record, and otherwise may deny the application.
(3) This section does not apply to any
person who might have been an original party in a proceeding before the
commission if that person is required by statute to file a pleading or other
response in the proceeding within a specified time. [1971 c.655 §42]
756.528
Segregation of issues. At
any time before the conclusion of the taking of evidence in a proceeding, the
Public Utility Commission may segregate the issues involved and order separate
hearings thereon at such times and places as the commission may prescribe. [1971
c.655 §43; 2005 c.638 §4]
756.530 [Amended by 1971 c.655 §38; renumbered
756.512]
756.534
Place of hearings; continuation. Except as provided in ORS 756.040 (4), the hearing may be held at any
place designated by the Public Utility Commission within this state, or
different parts of the hearing may be held at different places in this state,
as shall be designated by the commission. The hearing may be continued from
time to time and place to place as ordered and fixed by the commission. [Formerly
756.560]
756.538
Taking and use of depositions; rules. (1) In any investigation, the Public Utility Commission may take the
testimony of any person by deposition upon oral examination or written
interrogatories for the purpose of discovery or for use in the investigation.
(2) In any proceeding requiring a hearing,
the commission or any party to the proceeding may take the testimony of any
person by deposition upon oral examination or written interrogatories for the
purpose of discovery or for use as evidence in the proceeding, or for both
purposes.
(3) Depositions may be taken within or
without the State of
(4) The commission shall promulgate rules
concerning the manner of applying for and taking depositions and the use
thereof. Such rules shall provide reasonable provisions against abuse of such
procedure and for protection of the rights of all persons affected. [1971 c.655
§45]
756.540 [Repealed by 1971 c.655 §250]
756.543
Issuance of subpoenas; failure to comply. (1) The Public Utility Commission shall issue subpoenas to any party
to a proceeding before the commission upon request and proper showing of the
general relevance and reasonable scope of the evidence sought. Witnesses
appearing pursuant to subpoena, other than the parties or their officers or
employees, or employees of the commission, shall receive fees and mileage as
prescribed by law for witnesses in ORS 44.415 (2). If the commission certifies
that the testimony of a witness was relevant and material, any person who paid
fees and mileage to that witness shall be reimbursed by the commission and from
moneys referred to in ORS 756.360, subject to the limitations provided in ORS
756.360.
(2) If any person fails to comply with any
subpoena so issued or any party or witness refuses to testify on any matters on
which the person may be lawfully interrogated, the judge of the circuit court
of any county, on the application of the commission, or of the party requesting
the issuance of the subpoena, shall compel obedience by proceedings for
contempt as in the case of disobedience of the requirements of a subpoena
issued from such court or a refusal to testify therein. [1971 c.655 §46; 1983
c.540 §2; 1987 c.980 §23; 1997 c.249 §221]
756.549
Self-incrimination of witnesses in commission proceedings. (1) No person shall be excused from
testifying or from producing evidence in any proceeding held by the Public
Utility Commission on the ground that the testimony or evidence required of the
person may tend to incriminate the person or subject the person to prosecution,
penalty or forfeiture if:
(a) The person has been directed by the
commission to testify or produce evidence under oath;
(b) The person claims, at the time the
person is directed by the commission to testify or produce evidence, that the
testimony or evidence required of the person may tend to incriminate the person
or subject the person to prosecution, penalty or forfeiture; and
(c) The commission specifically grants the
person immunity from prosecution, penalty or forfeiture regarding those matters
about which the person testifies or produces evidence as directed.
(2) Except for prosecution and punishment
for perjury, no person who testifies or produces evidence in accordance with
subsection (1) of this section shall be prosecuted or subjected to any penalty
or forfeiture concerning any matter about which the person so testified or
produced evidence. [1971 c.655 §47]
756.550 [Amended by 1957 c.599 §1; 1971 c.655 §50;
renumbered 756.558]
756.552
Self-incrimination of witnesses in court proceedings. No person shall be excused from testifying
or from producing books and papers in any court proceeding based upon or
growing out of any violation of the provisions of ORS chapter 756, 757, 758,
759 or 825 or ORS 824.020 to 824.042, 824.050 to 824.110, 824.200 to 824.256 or
824.300 to 824.310 on the ground or for the reason that the testimony or
evidence, documentary or otherwise, required of the person may tend to
incriminate the person or subject the person to penalty or forfeiture; but no
person having so testified shall be prosecuted or subjected to any penalty or
forfeiture for, or on account of, any transaction, matter or thing concerning
which the person may have testified or produced any documentary evidence.
However, no person shall be exempted from prosecution or punishment for perjury
while so testifying. The immunity conferred by this section shall extend only
to a natural person who, in obedience to a subpoena, gives testimony under oath
or produces evidence, documentary or otherwise, under oath. [Formerly 757.590;
1989 c.827 §2]
756.555
Powers of commission at hearings. The Public Utility Commission may administer oaths, certify to official
acts, issue notices in the name of the commission, issue subpoenas, compel the
attendance of witnesses and the production of books, accounts, papers, records,
documents and testimony, and take and receive testimony, conduct hearings and
investigations, whether upon complaint or upon the commissions own motion. [Formerly
757.555]
756.558
Taking of evidence; findings; issuance of orders; providing copies of orders. (1) At the conclusion of the taking of
evidence, the Public Utility Commission shall declare the taking of evidence
concluded. Thereafter no additional evidence shall be received except upon the
order of the commission and a reasonable opportunity of the parties to examine
any witnesses with reference to the additional evidence and otherwise rebut and
meet such additional evidence.
(2) After the completion of the taking of
evidence, and within a reasonable time, the commission shall prepare and enter
findings of fact and conclusions of law upon the evidence received in the
matter and shall make and enter the order of the commission thereon. The
findings of fact and conclusions of law may be embodied in the same instrument
with the order or may be embodied in a separate instrument. The findings of
fact, conclusions of law and order thereon shall be signed by the commission.
The order shall state the date it becomes effective. A copy of the findings of
fact and conclusions of law and a copy of the order shall, forthwith upon the
entry of the same, be served upon each of the parties to the proceeding.
(3) Upon application of any person, the
commission shall furnish certified copies, under the seal of any order made by
the commission. [Formerly 756.550]
756.560 [Amended by 1971 c.655 §44; renumbered
756.534]
756.561
Rehearing; reconsideration.
(1) After an order has been made by the Public Utility Commission in any
proceeding, any party thereto may apply for rehearing or reconsideration
thereof within 60 days from the date of service of such order. The commission
may grant such a rehearing or reconsideration if sufficient reason therefor is
made to appear.
(2) No such application shall excuse any
party against whom an order has been made by the commission from complying
therewith, nor operate in any manner to stay or postpone the enforcement thereof
without the special order of the commission.
(3) If a rehearing is granted, the
proceedings thereupon shall conform as nearly as possible to the proceedings in
an original hearing, except as the commission otherwise may direct. If in the
judgment of the commission, after such rehearing and the consideration of all
facts, including those arising since the former hearing, the original order is
in any respect unjust or unwarranted, the commission may reverse, change or
modify the same accordingly. Any order made after such rehearing, reversing,
changing or modifying the original determination is subject to the same
provisions as an original order. [Formerly 756.570]
756.565
Prima facie effect of commission actions. All rates, tariffs, classifications, regulations, practices and
service fixed, approved or prescribed by the Public Utility Commission and any
order made or entered upon any matter within the jurisdiction of the commission
shall be in force and shall be prima facie lawful and reasonable, until found
otherwise in a proceeding brought for that purpose under ORS 756.610. [Formerly
760.575; 2005 c.638 §5]
756.568
Rescission, suspension and amendment of orders. The Public Utility Commission may at any
time, upon notice to the public utility or telecommunications utility and after
opportunity to be heard as provided in ORS 756.500 to 756.610, rescind, suspend
or amend any order made by the commission. Copies of the same shall be served
and take effect as provided in ORS 756.558 for original orders. [Formerly
757.540; 1973 c.776 §30; 1987 c.447 §92a; 1995 c.733 §70]
756.570 [Amended by 1971 c.655 §51; renumbered
756.561]
756.572
Effect of orders on successors in interest. (1) An order of the Public Utility Commission issued in accordance
with the provisions of ORS chapters 756, 757, 758 and 759 is binding upon the
successors in interest of each person affected thereby, until set aside,
rescinded, suspended or modified as provided by law.
(2) Any investigation, hearing or other
proceeding involving the issuance of an order of the commission that has not
been finally determined when a transfer of any interests of a person is
effected may be continued and finally determined, notwithstanding any such
transfer of interest. Any order issued in such investigation, hearing or other
proceeding is binding upon the successors in interest. [1971 c.655 §54; 1973
c.776 §31; 1987 c.447 §93; 1995 c.733 §71]
756.575
Notice of acceptance of terms of orders. The Public Utility Commission may provide by rule that any public
utility or telecommunications utility affected by any order shall within a time
to be fixed by the commission, notify the commission whether the terms of the
order are accepted and will be obeyed. [1971 c.655 §55; 1973 c.776 §32; 1987
c.447 §94; 1995 c.733 §72]
756.580 [Amended by 1971 c.655 §56; repealed by 2005
c.638 §21]
756.585 [1971 c.655 §57; repealed by 2005 c.638 §21]
756.590 [Amended by 1971 c.655 §58; 1995 c.781 §46;
repealed by 2005 c.638 §21]
756.594 [1971 c.655 §59; repealed by 2005 c.638 §21]
756.598 [1971 c.655 §60; 1979 c.284 §197; repealed
by 2005 c.638 §21]
756.600 [Amended by 1971 c.655 §61; 2003 c.576 §558;
repealed by 2005 c.638 §21]
756.610
Judicial review. (1) Except
as provided in subsection (2) of this section, final orders of the Public
Utility Commission are subject to judicial review as orders in contested cases
under the provisions of ORS 183.480 to 183.497.
(2) ORS 183.482 (3) does not apply to
judicial review of an order of the Public Utility Commission. At any time after
filing a petition for judicial review of a final order of the commission, the
petitioner may apply to the Court of Appeals for a stay of the order until the
final disposition of the appeal. The court may grant a stay for cause shown. As
a condition of granting a stay, the court may require a bond or other security,
or impose such other conditions as the court deems appropriate. A stay may be
granted only after notice to the commission and opportunity for hearing. Any
bond required by the court must be executed in favor of the commission for the
benefit of interested persons, and may be enforced by the commission or by any
interested person. [Amended by 1971 c.655 §62; 2003 c.576 §559; 2005 c.638 §6]
Note: Section 20 (2), chapter 638, Oregon Laws
2005, provides:
Sec.
20. (2) Notwithstanding the
repeal of ORS 756.580, 756.585, 756.590, 756.594, 756.598 and 756.600 by
section 21 of this 2005 Act and the amendments to ORS 756.610 by section 6 of
this 2005 Act, any findings of fact, conclusions of law or order that becomes
subject to suit under ORS 756.580 (repealed by this 2005 Act) before the
effective date of this 2005 Act [January 1, 2006] shall be governed by ORS
756.580, 756.585, 756.590, 756.594, 756.598 and 756.600 as though those sections
had not been repealed by this 2005 Act and ORS 756.610 as though ORS 756.610
had not been amended by this 2005 Act. [2005 c.638 §20(2)]
PENALTIES
756.990
Penalties. (1) Any public
utility or telecommunications utility that fails to comply with an order or
subpoena issued pursuant to ORS 756.090 shall forfeit, for each day it so
fails, a sum of not less than $50 nor more than $500.
(2) Except where a penalty is otherwise
provided by law, any public utility, telecommunications utility or other person
subject to the jurisdiction of the Public Utility Commission shall forfeit a
sum of not less than $100 nor more than $10,000 for each time that the person:
(a) Violates any statute administered by
the commission;
(b) Does any act prohibited, or fails to
perform any duty enjoined upon the person;
(c) Fails to obey any lawful requirement
or order made by the commission; or
(d) Fails to obey any judgment made by any
court upon the application of the commission.
(3) Violation of ORS 756.115 is a Class A
violation. A penalty of not less than $500 nor more than $1,000 shall be
recovered from the public utility or telecommunications utility for each such
offense when such officer, agent or employee acted in obedience to the
direction, instruction or request of the public utility, telecommunications
utility or any general officer thereof.
(4) Violation of ORS 756.125 is
punishable, upon conviction, by a fine of not more than $100 or imprisonment
for not more than 30 days, or both. Any public utility or telecommunications
utility that knowingly permits the violation of ORS 756.125 shall forfeit, upon
conviction, not more than $1,000 for each offense.
(5) Violation of ORS 756.543 (1) is
punishable, upon conviction, by a fine of not less than $100 nor more than $1,000,
or by imprisonment in the county jail for not more than one year, or both.
(6) In construing and enforcing this
section, the act, omission or failure of any officer, agent or other person
acting for or employed by any public utility, telecommunications utility or
other person subject to the jurisdiction of the commission acting within the
scope of the persons employment shall in every case be deemed to be the act,
omission or failure of such public utility, telecommunications utility or other
person subject to the jurisdiction of the commission. With respect to any
violation of any statute administered by the commission, any penalty provision
applying to such a violation by a public utility or telecommunications utility
shall apply to such a violation by any other person.
(7) Except when provided by law that a
penalty, fine, forfeiture or other sum be paid to the aggrieved party, or as
provided in ORS 757.994 (1), all penalties, fines or forfeitures or other sums
collected or paid under the provisions of any law administered by the
commission shall be paid into the General Fund and credited to the Public
Utility Commission Account. [1971 c.655 §63; 1973 c.232 §4; 1973 c.776 §33;
1977 c.105 §1; 1979 c.415 §1; 1987 c.447 §95; 1995 c.733 §73; 1999 c.1051 §223;
2003 c.202 §9; 2003 c.576 §560]
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