2011 Oregon Revised Statutes
ORS Volume 11, Chapters 431 - 470
ORS Chapter 470
470.555 Investor-owned electric utilities and consumer-owned utilities as project managers; contract with qualified third parties; coordination.

(1) Except as provided in subsection (2) of this section, if a sustainable energy territory is all or part of the service territory for an investor-owned electric utility, the Public Purpose Fund Administrator shall be the sustainable energy project manager for the sustainable energy territory. The Public Purpose Fund Administrator shall inform the Public Utility Commission and the State Department of Energy of the activities of the administrator by filing a yearly action plan and an end-of-year report with the commission and the department.

(2) For a sustainable energy territory described in ORS 470.530 (3)(b), if the local gas utility is an investor-owned utility, the utility may act as the project manager for the territory or may contract with the Public Purpose Fund Administrator to act as project manager on behalf of the utility.

(3) If a territory is served by a consumer-owned utility and is outside the service territory of an investor-owned electric utility, the consumer-owned utility shall be the project manager if the utility agrees to promote energy efficiency and sustainable technology loans as part of any energy efficiency or renewable energy program offered by the utility. A consumer-owned utility may conduct energy efficiency and renewable energy programs within the territory of the utility regardless of whether the territory is served by an energy efficiency and sustainable technology loan program. A consumer-owned utility may decline to participate in the energy efficiency and sustainable technology loan program.

(4) If a customer is served by both an investor-owned gas utility and a consumer-owned electric utility that have energy efficiency and sustainable technology loan programs, the utility that supplies the customer s primary source of heat for the property shall supply loan program services for that customer.

(5) The existence of an energy efficiency and sustainable technology loan program, or the appointment of a sustainable energy project manager, in a sustainable energy territory does not prevent a consumer-owned utility from conducting any energy efficiency or renewable energy program offered by the utility. If the consumer-owned utility declines to become the project manager for the territory, the utility may:

(a) Continue with existing utility services and policies; or

(b) Work with the Director of the State Department of Energy to solicit and select a qualified entity to serve as the project manager as described in ORS 470.535 and 470.540.

(6) Subject to approval by the director, a project manager may contract with a qualified third party to assist the project manager in providing project manager services within the territory. If a sustainable energy territory is served by a project manager, the appointment of additional project managers shall be a subcontract approved by the existing project manager. If the third party is acting as a financier, the third party is not required to comply with laws regulating utilities based on the actions of the third party as a financier. The project manager may enter into agreements with trade associations and other public and private entities for the promotion or marketing of the energy efficiency and sustainable technology loan program.

(7) The Public Purpose Fund Administrator and sustainable energy project managers shall cooperate with, and coordinate their outreach and promotional efforts with, local utilities and other stakeholders to promote energy efficiency and renewable energy and to use the customer contacts, resources and capacity of utilities to engage and inform utility customers about the energy efficiency and sustainable technology loan program. The Public Purpose Fund Administrator and project managers shall coordinate with gas utilities regarding any changes to a gas pipeline and with electric utilities regarding electric charging or any changes to electrical connections that are external to a structure. The Public Purpose Fund Administrator and project managers shall coordinate with a gas utility regarding the installation of appliances used for space heating, water heating and compressed natural gas refueling. [2009 c.753 12]

(Contractors)