Chapter 757 — Utility
Regulation Generally
2011 EDITION
UTILITY REGULATION GENERALLY
UTILITY REGULATION
GENERAL PROVISIONS
757.005 Definitions
757.007 Contract
and rate schedule filing for certain furnishers of heat exempt from regulation;
procedure
757.009 Procedure
for reregulation of furnishers of heat
757.015 “Affiliated
interest” defined
757.020 Duty
of utilities to furnish adequate and safe service at reasonable rates
757.035 Adoption
of safety rules and regulations; enforcement
757.039 Regulation
of hazardous substance distribution and storage operations; cooperation with
federal agencies; disclosure of reports and information
757.050 Authority
of commission to order extension of service to unserved
areas
757.056 Information
on energy conservation to be furnished by certain utilities; rules
757.061 Regulation
of water utilities; rules
757.063 Regulation
of associations furnishing water upon petition
757.068 Use
of fees to make emergency repairs to water service plants
757.069 Notice
of delinquency on water bill
757.072 Agreements
for financial assistance to organizations representing customer interests;
rules
BUDGET, ACCOUNTS AND REPORTS OF
UTILITIES
757.105 Filing
of budget; review by commission; pensions as operating expenses
757.107 Supplemental
budgets and orders
757.110 Effect
of budget orders
757.120 Accounts
required
757.125 Duty
of utility to keep records and accounts; duty of commission to furnish blanks
757.135 Closing
accounts and filing balance sheet; auditing accounts
757.140 Depreciation
accounts; use of certain undepreciated investment in
rates
RATE SCHEDULES; MEASURING EQUIPMENT
757.205 Filing
schedules with commission; data filed with schedules
757.210 Hearing
to establish new schedules; alternative regulation plan
757.212 Resource
rate plans; customers who may elect to be exempt; order approving plan; effect
of approving plan
757.215 Commission
authorized to suspend new rates or order interim rates during hearings;
revenues collected under unapproved rates to be refunded; order after hearing
757.220 Notice
of schedule changes required; exception for alternative regulation
757.225 Utilities
required to collect for their services in accordance with schedules
757.227 Rate
mitigation for certain electric company rate increases
757.230 Control
of commission over classification of services and forms of schedules; rules
757.240 Filing
schedules in business office
757.245 Establishment
of joint rates
757.247 Tariff
schedules for renewable energy generation facilities and energy conservation
757.250 Standards
and appliances for measuring service; rules
757.255 Testing
of measuring appliances; rules; fees
757.259 Amounts
includable in rate schedule; deferral; limit in effect on rates by
amortization; rules
757.262 Rates
to encourage acquisition of cost-effective conservation resources; rules
757.266 Rates
may encourage tree planting programs as offset to carbon dioxide emissions
757.269 Setting
of rates based upon income taxes paid by utility; limitation on use of tax
information; rules
ATTACHMENTS REGULATION
757.270 Definitions
for ORS 757.270 to 757.290
757.271 Authorization
from pole owner required for attachment
757.272 Pole
owner may approve or reject attachment
757.273 Attachments
to public utility and telecommunications utility facilities regulated
757.276 Attachments
by licensees to consumer-owned utility facilities regulated
757.279 Fixing
rates or charges by commission; cost of hearing
757.282 Criteria
for just and reasonable rate for attachments; rate reduction
757.285 Presumption
of reasonableness of rates set by private agreement
757.287 Application
to electrical utility attachments
757.290 Regulatory
procedures
NET METERING FACILITIES
757.300 Net
metering facility allowed to connect to public utility; conditions for
connecting and measuring energy; rules; application to out-of-state utilities
ILLEGAL PRACTICES
757.310 Prohibition
related to charges for service
757.315 When
free service or reduced rates allowed
757.320 Reducing
rates for persons furnishing part of necessary facilities
757.325 Undue
preferences and prejudices
757.330 Soliciting
or accepting special privileges from utilities
757.355 Costs
of property not presently providing utility service excluded from rate base; exception
SOLAR ENERGY
757.360 Definitions
757.365 Pilot
program for small solar energy systems; rules; limits to program; report to
Legislative Assembly
757.370 Minimum
solar energy capacity standard for electric companies; rules
757.375 Credit
toward compliance with renewable portfolio standard; limits
757.380 Applicability
of ORS 757.360 to 757.380
757.385 Allowance
of fair and reasonable rates
ISSUANCE OF SECURITIES
757.400 Definition
of “stocks”
757.405 Power
to regulate issuance of utility securities
757.410 When
issuance of securities is void
757.412 Exemption
from securities regulation
757.415 Purposes
for which securities and notes may be issued; order required
757.417 Limitation
on application of ORS 757.415
757.419 Limitation
on application of ORS 757.480
757.420 Hearings
and supplemental orders relating to issuance of securities; joint approval of
issuance by interstate utility
757.425 State
not obligated following approval of issuance
757.430 Conditional
approval of issuance authorized
757.435 Disposal
of proceeds from issuance of securities; rules
757.440 Approval
required before utility may guarantee another’s indebtedness
757.445 Wrongful
issues or use of proceeds by utility
757.450 Wrongful
acts relating to issuance of securities
757.455 Conservation
program investment policy; application for bondable investments; utility rates
to include investment costs
757.460 Pledge
of conservation investment assets as bond collateral; perfection of security
interest; foreclosure
TRANSACTIONS INVOLVING UTILITIES
757.480 Approval
needed prior to disposal, mortgage or encumbrance of certain operative utility
property or consolidation with another public utility; exceptions
757.485 Purchase
of property or stocks of one utility by another
757.490 Approval
needed for certain contracts
757.495 Contracts
involving utilities and persons with affiliated interests
757.500 Contracts
between certain public utilities
757.506 Findings
and policy regarding exercise of influence over utility by person not engaged
in utility business
757.511 Application
for authority to exercise influence over utility; contents of application;
issuance of order; dissemination of information about acquisition
757.516 Contracts
between natural gas utilities and customers for commodity and services;
determination by commission of reasonableness of contract and utility
activities
GREENHOUSE GAS EMISSIONS STANDARDS
757.522 Definitions
757.524 Greenhouse
gas emissions standard applicable to electric companies and electricity service
suppliers; modification; rules
757.528 Greenhouse
gas emissions standard applicable to consumer-owned utilities; modification;
rules
757.531 Emissions
standard-based restrictions on long-term financial commitments by electric
companies or electricity service suppliers; rules
757.533 Emissions
standard-based restrictions on long-term financial commitments by
consumer-owned utilities; rules
757.536 Public
Utility Commission review of plans and rates to ensure compliance with
greenhouse gas emissions standard; rules
757.538 Rules
OREGON UTILITY NOTIFICATION CENTER
757.542 Definitions
757.547 Oregon
Utility Notification Center; board; member qualifications; terms; meetings;
rules
757.552 Duties
of center; fees for services; rules; exemption from certain financial
administration laws
757.557 Underground
utility facility operators required to subscribe to center; liability for
damage from excavation for nonsubscribers; exemption
757.562 Report
to Legislative Assembly of center activities; contracts to carry out duties
DIRECT ACCESS REGULATION
757.600 Definitions
for ORS 757.600 to 757.689
757.601 Implementation
dates for direct access and portfolio of rate options; exemption for certain
small electric companies
757.603 Electric
company required to provide cost-of-service rate option to all retail
electricity consumers; waiver; portfolio of rate options for residential
consumers
757.607 Direct
access conditions; cost recovery
757.609 Date
for announcing prices for electricity in subsequent calendar year; estimated
prices
757.612 Requirements
for public purpose expenditures; electric bill payment assistance charge; rules
757.617 Report
to Legislative Assembly on public purpose expenditures; independent
nongovernmental entity to prepare report; report on low-income bill assistance
757.622 Commission
to establish terms and conditions for default electricity service to
nonresidential consumers
757.627 Retail
electricity consumers eligible for direct access may aggregate electricity loads
757.629 Reciprocal
sales to nonresidential electricity consumers
757.632 Electricity
service supplier’s access to electric company’s distribution facilities
757.637 Comparable
access to transmission and distribution facilities
757.642 Unbundling
electricity assets; records
757.646 Commission
policies to eliminate barriers to competitive retail market structures and
rules to establish code of conduct for electric companies; rules
757.649 Certification
of electricity service suppliers; safety standards for distribution systems;
billing requirements; rules
757.654 Commission
authority to investigate allegations of undue market influence
757.656 Failure
to comply with ORS 757.600 to 757.667; cause of action
757.659 Commission
rules; contents
757.660 Use
of arbitration to resolve disputes relating to valuation of electric company
investments; rules
757.661 Commission
authority to require filing
757.663 Commission
authority to require electric company to enter into contracts with Bonneville
Power Administration
757.665 Limitation
on installing, servicing electric meters
757.667 City
authority over rights of way
757.669 Policy
regarding consumer-owned electric utilities
757.672 Application
of ORS 757.603 to 757.667 to consumer-owned electric utility; reciprocal
electricity sales
757.676 Consumer-owned
utility authorized to offer direct, portfolio or other forms of access to
electricity services
757.679 Net
billing agreements
757.683 Consumer-owned
utility’s distribution rights and control over distribution system
757.687 Consumer-owned
utility offering direct access; public purpose charge; bill assistance program
757.689 Recovery
of costs of energy conservation measures in rates of electric company
757.691 Applicability
EMERGENCY CURTAILMENT OF ELECTRICITY OR
NATURAL OR MANUFACTURED GAS
757.710 Emergency
curtailment plan required; credits for weatherization or alternate energy
devices
757.720 Factors
to be considered in approving plan; authority to establish plan; consultation
with State Department of Energy
757.730 Liability
when curtailment occurs
KLAMATH RIVER DAMS
757.732 Definitions
757.734 Recovery
of investment in Klamath River dams
757.736 Surcharges
for funding costs of removing Klamath River dams; judicial review
757.738 Surcharge
trust accounts related to removal of Klamath River dams
757.740 Recovery
of other costs incurred as result of changes in operation to or removal of
Klamath River dams
757.742 Public
Utility Commission authorization to enter agreement with California related to
cost apportionment and trust fund
757.744 Disclaimers
HEALTH ENDANGERING TERMINATION OF
RESIDENTIAL UTILITY SERVICE
757.750 Legislative
findings
757.755 Termination
of residential electric or natural gas service prohibited; rules of commission
757.760 Requirements
for notice of termination of service; payment schedules; rules
OUTDOOR LIGHTING FIXTURES
757.765 Public
utility provision of shielded outdoor lighting fixtures to customers
757.770 Deadline
for public utility filing of outdoor lighting fixture rate and charge
application; required notification to customers
HIGH VOLTAGE POWER LINE REGULATION
757.800 Definitions
for ORS 757.800 and 757.805
757.805 Accident
prevention required for work near high voltage lines; effect of failure to
comply; applicability; other remedies unaffected
OREGON COMMUNITY POWER
(Definitions)
757.812 Definitions
for ORS 757.812 to 757.950
(Acquisition Review Committee)
757.814 Creation
of acquisition review committee
(Oregon Community Power Created)
757.818 Oregon
Community Power created
757.822 Laws
applicable to Oregon Community Power
757.824 Regulatory
authority of Public Utility Commission over Oregon Community Power
(Board of Directors)
757.830 Nominating
committee
757.834 Board
of directors
757.842 Board
meetings and procedures
(Acquisition of Incumbent Utility)
757.852 Acquisition
of incumbent utility; use of eminent domain
757.855 Funding
of preliminary activities and negotiations
757.857 Oregon
Community Power Utility Acquisition Fund
757.862 Request
to Public Utility Commission for transfer of funds
757.864 Conduct
of business after acquisition
757.868 Oregon
Community Power to be successor in interest to incumbent utility; rules
757.872 Equity
and assets of incumbent utility held in trust; disclaimer of state interest
(Duties and Powers of Oregon Community
Power)
757.880 Board
duties
757.883 Payments
in lieu of property taxes
757.886 Powers
of Oregon Community Power
757.890 Eminent
domain
(Rates)
757.895 Ratemaking
757.897 Notice
of ratemaking; ratemaking hearings
(Participation by Citizens’ Utility
Board)
757.900 Intervention
by Citizens’ Utility Board in proceedings
(Audits)
757.902 Annual
audit of Oregon Community Power
(Bylaws)
757.905 Adoption
of bylaws
(Electricity From Bonneville Power Administration)
757.910 Policy
(Direct Access)
757.915 Definitions
for ORS 757.915 to 757.930
757.918 Oregon
Community Power required to allow direct access
757.920 Rights
of electricity service suppliers
757.922 Transition
credits and charges
757.924 Portfolio
access to electricity service providers
(Consumer-Owned Utilities)
757.930 Distribution
rights; service territories
(Financing Agreements)
757.935 Definitions
for ORS 757.935 to 757.945
757.937 Financing
agreements authorized
757.940 Delegation
of powers relating to financing agreements
757.942 Powers
of Oregon Community Power relating to financing agreements
757.945 Consultation
with State Treasurer
(Revenue Bonds)
757.950 Authorization
to issue and sell revenue bonds
(City Rights of Way)
757.954 City’s
authority to control and collect charges for use of rights of way
PENALTIES
757.990 Penalties
757.991 Civil
penalty for noncompliance with gas regulations
757.993 Penalty
for violation of utility excavation notification provisions
757.994 Civil
penalty for violation of statute, rule or order related to water utilities
GENERAL PROVISIONS
757.005 Definitions.
(1)(a) As used in this chapter, except as provided in paragraph (b) of this
subsection, “public utility” means:
(A)
Any corporation, company, individual, association of individuals, or its
lessees, trustees or receivers, that owns, operates, manages or controls all or
a part of any plant or equipment in this state for the production,
transmission, delivery or furnishing of heat, light, water or power, directly
or indirectly to or for the public, whether or not such plant or equipment or
part thereof is wholly within any town or city.
(B)
Any corporation, company, individual or association of individuals, which is
party to an oral or written agreement for the payment by a public utility, for
service, managerial construction, engineering or financing fees, and having an
affiliated interest with the public utility.
(b)
As used in this chapter, “public utility” does not include:
(A)
Any plant owned or operated by a municipality.
(B)
Any railroad, as defined in ORS 824.020, or any industrial concern by reason of
the fact that it furnishes, without profit to itself, heat, light, water or
power to the inhabitants of any locality where there is no municipal or public
utility plant to furnish the same.
(C)
Any corporation, company, individual or association of individuals providing
heat, light or power:
(i) From any energy resource to fewer than 20 customers, if
it began providing service to a customer prior to July 14, 1985;
(ii)
From any energy resource to fewer than 20 residential customers so long as the
corporation, company, individual or association of individuals serves only
residential customers;
(iii)
From solar or wind resources to any number of customers; or
(iv)
From biogas, waste heat or geothermal resources for nonelectric generation
purposes to any number of customers.
(D)
A qualifying facility on account of sales made under the provisions of ORS
758.505 to 758.555.
(E)
Any person furnishing heat, but not delivering electricity or natural gas to
its customers, except:
(i) As provided in ORS 757.007 and 757.009; or
(ii)
With respect to heat furnished in municipalities which on January 1, 1989, had
a municipally owned system that was furnishing steam or other thermal forms of
heat to its customers.
(F)
Notwithstanding subparagraph (E) of this paragraph, any corporation, company,
partnership, individual or association of individuals furnishing heat to a
single thermal end user from an electric generating facility, plant or
equipment that is physically interconnected with the single thermal end user.
(G)
Any corporation, company, partnership, individual or association of individuals
that furnishes natural gas, electricity, ethanol, methanol, methane, biodiesel
or other alternative fuel to any number of customers for use in motor vehicles
and does not furnish any utility service described in paragraph (a) of this
subsection.
(H)
An electricity service supplier, as defined in ORS 757.600.
(2)
Nothing in subsection (1)(b)(C) of this section shall prohibit third party
financing of acquisition or development by a utility customer of energy
resources to meet the heat, light or power requirements of that customer. [Amended
by 1953 c.583 §2; 1967 c.241 §1; 1967 c.314 §1; 1971 c.655 §64a; 1973 c.726 §1;
1979 c.62 §1; 1981 c.360 §1; 1981 c.749 §21; 1983 c.118 §1; 1983 c.799 §7; 1985
c.550 §1; 1985 c.633 §7; 1985 c.779 §1; 1987 c.447 §96; 1987 c.900 §3; 1989 c.5
§2; 1989 c.999 §§1,2; 1991 c.294 §1; 1995 c.267 §1; 1999 c.330 §2; 1999 c.491 §1;
1999 c.865 §21; 2001 c.104 §292; 2003 c.82 §4]
757.007 Contract and rate schedule filing
for certain furnishers of heat exempt from regulation; procedure.
(1) Every person exempt from regulation under ORS 757.005 (1)(b)(E) shall file
with the Public Utility Commission, not later than 30 days prior to their
effective date, all contracts and schedules establishing rates, terms and
conditions for the provision of heating services.
(2)
Prior to the effective date, the commission may suspend the effective date of
such contracts or schedules for an additional period of not more than 120 days
in order to determine the reasonableness of such contracts or schedules, taking
into consideration the services being provided, the costs and risks of service,
the availability and costs of alternative forms of service and other reasonable
considerations, including the impact on existing customers of the utilities
furnishing electricity and natural gas and on the public generally.
(3)
If the contract or schedule is not suspended, or if the contract or schedule is
determined reasonable by the commission after suspension, the contract or
schedule shall not be subject to further commission review during its term or
such other period as the commission may specify, except as provided in ORS
757.009.
(4)
In any proceeding before the commission to determine the reasonableness of
contracts or schedules proposed under this section, the burden shall be upon
the proponent of the contract or schedule to establish its reasonableness. [1989
c.999 §§4a,4c; 2003 c.82 §5]
757.009 Procedure for reregulation of
furnishers of heat. (1) Except as provided in
subsection (2) of this section, the Public Utility Commission may, upon written
complaint or upon the commission’s own motion, regulate, under ORS 757.205 to
757.240, or any part thereof, any person otherwise exempt from regulation under
ORS 757.005 (1)(b)(E) as follows:
(a)
With respect to any or all customers, if the commission finds that the
activities of such person have an adverse effect upon the customers of public
utilities furnishing electricity or natural gas and the benefits of such
regulation outweigh any adverse effect on the public generally; or
(b)
With respect to any customer receiving service not exceeding 500 million
British thermal units per year or any residential customer, if the commission
finds that such person has engaged in unjust or unreasonable practices with
respect to the services or rates available to the customer and the customer has
no reasonable alternative to the services provided.
(2)
The commission shall not regulate persons under subsection (1)(a) of this
section with respect to contracts that became effective prior to the date of
service of the complaint or with respect to heating systems already in place on
the date of service of the complaint if the commission determines that
continued expansion will increase the efficiency of those systems. [1989 c.999 §§4b,4d;
2003 c.82 §6]
757.010
[Repealed by 1971 c.655 §250]
757.015 “Affiliated interest” defined.
As used in ORS 757.105 (1) and in ORS 757.495, “affiliated interest” with a
public utility means:
(1)
Every corporation and person owning or holding directly or indirectly five
percent or more of the voting securities of such public utility.
(2)
Every corporation and person in any chain of successive ownership of five
percent or more of voting securities of such public utility.
(3)
Every corporation five percent or more of whose voting securities are owned by
any person or corporation owning five percent or more of the voting securities
of such public utility or by any person or corporation in any chain of
successive ownership of five percent or more of voting securities of such
public utility.
(4)
Every person who is an officer or director of such public utility or of any
corporation in any chain of successive ownership of five percent or more of
voting securities of such public utility.
(5)
Every corporation which has two or more officers or two or more directors in
common with such public utility.
(6)
Every corporation and person, five percent or more of which is directly or
indirectly owned by a public utility.
(7)
Every corporation or person which the Public Utility Commission determines as a
matter of fact after investigation and hearing actually is exercising any
substantial influence over the policies and actions of such public utility,
even though such influence is not based upon stockholding, stockholders,
directors or officers to the extent specified in this section.
(8)
Every person or corporation who or which the commission determines as a matter
of fact, after investigation and hearing, actually is exercising such
substantial influence over the policies and actions of such public utility in
conjunction with one or more other corporations or persons with whom they are
related by ownership or blood or by action in concert that together they are
affiliated with such public utility within the meaning of this section even
though no one of them alone is so affiliated. [Amended by 1971 c.655 §65; 1989
c.17 §1]
757.020 Duty of utilities to furnish
adequate and safe service at reasonable rates.
Every public utility is required to furnish adequate and safe service,
equipment and facilities, and the charges made by any public utility for any
service rendered or to be rendered in connection therewith shall be reasonable
and just, and every unjust or unreasonable charge for such service is
prohibited. [Amended by 1971 c.655 §66]
757.025
[Amended by 1971 c.655 §14; renumbered 756.062]
757.030
[Repealed by 1971 c.655 §250]
757.035 Adoption of safety rules and
regulations; enforcement. (1) The Public Utility
Commission has power, after a hearing had upon the motion of the commission or
upon complaint, to require by general or special orders embodying reasonable
rules or regulations, every person or municipality, their agents, lessees or
acting trustees or receivers, appointed by court, engaged in the management,
operation, ownership or control of telegraph, telephone, signal or power lines
within this state, upon the public streets or highways, and also upon all other
premises used, whether leased, owned or controlled by them, to construct,
maintain and operate every line, plant, system, equipment or apparatus in such
manner as to protect and safeguard the health and safety of all employees,
customers and the public, and to this end to adopt and prescribe the
installation, use, maintenance and operation of appropriate safety or other
devices, or appliances, to establish or adopt standards of construction or
equipment, and to require the performance of any other act which seems to the
commission necessary or proper for the protection of the health or safety of all
employees, customers or the public.
(2)
When acting pursuant to subsection (1) of this section, the Public Utility
Commission shall adopt by rule as the standard of such construction, operation
and maintenance the 1973 edition of the American National Standard, National
Electrical Safety Code, C2.
(3)
In lieu of subsection (2) of this section, or in addition thereto, the
commission may adopt by rule any revision or edition of or amendment to the
National Electrical Safety Code approved by the American National Standards
Institute after July 14, 1977, and in effect on the date of adoption by the
commission. [Amended by 1969 c.530 §1; 1971 c.655 §68; 1975 c.658 §1; 1977
c.346 §1]
757.039 Regulation of hazardous substance
distribution and storage operations; cooperation with federal agencies;
disclosure of reports and information. (1) As used
in this section, “hazardous substance or material” means:
(a)
Fuel gas, whether in a gaseous, liquid or semisolid state;
(b)
Petroleum or petroleum products; and
(c)
Any other substance or material which may pose an unreasonable risk to life or
property when transported by pipeline facilities.
(2)
The Public Utility Commission has power, after a hearing had upon the
commission’s own motion or upon complaint, to require by general or special
orders embodying reasonable rules, every person or municipality, their agents,
lessees or acting trustees or receivers, appointed by court, engaged in the
management, operation, ownership or control of facilities for the transmission
or distribution of a hazardous substance or material by pipeline; or of
facilities for the storage or treatment of a hazardous substance or material to
be transmitted or distributed by pipeline or upon the public streets or
highways; or of any other premises used, whether leased, owned or controlled by
them, to construct, maintain and operate every pipeline, plant, system,
equipment or apparatus used in the transmission, distribution, storage or
treatment of a hazardous substance or material to be transmitted by pipeline or
upon the public streets or highways in such manner as to protect and safeguard
the health and safety of all employees, customers and the public, and to this
end to adopt and prescribe the installation, use, maintenance and operation of
appropriate safety or other devices, or appliances, to establish or adopt
standards of construction or equipment, and to require the performance of any
other act which seems to the commission necessary or proper for the protection
of the health and safety of all employees, customers or the public.
(3)
The commission is authorized to cooperate with, make certifications to and
enter into agreements with the Secretary of Transportation of the United States
of America and to assume responsibility for, and carry out on behalf of the
Secretary of Transportation, safety jurisdiction relating to pipeline
facilities and transportation of hazardous substances and materials in Oregon
in any manner not otherwise subject to the jurisdiction of any other agency of
this state.
(4)
Notwithstanding any other provisions to the contrary, the commission shall make
public such reports as are required to be made public under applicable federal
law and regulations and provide such information as is required by the
Secretary of Transportation.
(5)
The jurisdiction of the commission over propane, butane or mixtures of these
gases shall be limited to systems transporting such gases to 10 or more
customers, or to systems any portion of which is located in a public place. [Formerly
757.095; 1983 c.540 §3; 2001 c.35 §1]
757.040
[Amended by 1971 c.655 §101; renumbered 758.035]
757.045
[Amended by 1967 c.394 §1; repealed by 1971 c.781 §1]
757.050 Authority of commission to order
extension of service to unserved areas.
The Public Utility Commission has power to require any public utility, after a
public hearing of all parties interested, to extend its line, plant or system
into, and to render service to, a locality not already served when the existing
public convenience and necessity requires such extension and service. However,
no such extension of service shall be required until the public utility has
been granted such reasonable franchises as may be necessary for the extension
of service, and unless the conditions are such as to reasonably justify the
necessary investment by the public utility in extending its line, plant or
system into such locality and furnishing such service. [Amended by 1971 c.655 §67]
757.055
[Repealed by 1971 c.655 §250]
757.056 Information on energy conservation
to be furnished by certain utilities; rules. (1) As
used in this section, “energy conservation services” means services provided by
public utilities to educate and inform customers and the public about energy
conservation. Such services include but are not limited to providing answers to
questions concerning energy saving devices and providing inspections and making
suggestions concerning the construction and siting of
buildings and residences.
(2)
All public utilities as defined in ORS 757.005, that produce, transmit, deliver
or furnish heat, light or power shall establish energy conservation services
and shall provide energy conservation information to customers and to the
public. The services shall be performed in accordance with such rules as the
Public Utility Commission may prescribe. [1977 c.197 §2; 1977 c.887 §11]
757.060
[Amended by 1955 c.145 §1; repealed by 1961 c.691 §20]
757.061 Regulation of water utilities;
rules. (1) For the purposes of this section:
(a)
“Rate regulation” means regulation under this chapter, except for regulation
under ORS 757.105 to 757.110.
(b)
“Service regulation” means regulation under this chapter, except for regulation
under ORS 757.105 to 757.110, 757.140, 757.205 to 757.220, 757.259, 757.400 to
757.460, 757.480 to 757.495 and 757.500.
(2)
Except as provided in this section, water utilities are not subject to
regulation under this chapter or required to pay the fee provided for in ORS
756.310.
(3)
The following utilities are subject to rate regulation and must pay the fee
provided for in ORS 756.310:
(a)
A water utility that serves 500 or more customers.
(b)
A water utility that serves fewer than 500 customers, if the water utility also
provides wastewater services to the public inside the boundaries of a city.
(c)
A water utility that serves fewer than 500 customers, if the Public Utility
Commission grants a petition from the water utility requesting that the water
utility be subject to rate regulation.
(d)
A water utility that satisfies all of the following conditions:
(A)
The water utility serves fewer than 500 customers;
(B)
The water utility proposes to charge a rate for water service that exceeds the
maximum rates established by the commission under subsection (5) of this
section; and
(C)
Twenty percent or more of the customers of the water utility file a petition
with the commission requesting that the water utility be subject to rate
regulation.
(4)
The following utilities are subject to service regulation and must pay the fee
provided for in ORS 756.310:
(a)
A water utility that serves fewer than 500 customers and that is found by the
commission, pursuant to an investigation under ORS 756.515, to have provided
inadequate or discriminatory service at any time.
(b)
A water utility that serves fewer than 500 customers and that at any time
charges an average annual residential rate of $24 per month or more.
(5)(a)
The commission shall adopt rules establishing maximum rates for water utilities
serving fewer than 500 customers for the purpose of determining whether a
petition may be filed under subsection (3)(d)(C) of this section.
(b)
To encourage metered water systems for water utilities serving fewer than 500
customers, the commission shall establish a higher maximum rate for water
utilities with metered water systems than for water utilities with unmetered
systems.
(6)
Not less than 60 days before a water utility that serves fewer than 500
customers increases any rate to exceed any maximum rate prescribed under
subsection (5) of this section, the water utility shall provide written notice
to all of its customers advising the customers of their right to file a
petition under subsection (3)(d)(C) of this section. The commission shall adopt
rules prescribing the content of the written notice. [1989 c.403 §2; 1999 c.330
§1; 2003 c.82 §1; 2009 c.429 §1; 2011 c.76 §1]
757.063 Regulation of associations furnishing
water upon petition. (1) Any association of
individuals that furnishes water to members of the association is subject to
regulation in the same manner as provided by this chapter for public utilities,
and must pay the fee provided for in ORS 756.310, if 20 percent or more of the
members of the association file a petition with the Public Utility Commission
requesting that the association be subject to such regulation.
(2)
The provisions of this section apply to an association of individuals even if
the association does not furnish water directly to or for the public. The
provisions of this section do not apply to any cooperative formed under ORS
chapter 62 or to any public body as defined by ORS 174.109. [2003 c.82 §3]
757.065
[Renumbered 756.370]
757.068 Use of fees to make emergency
repairs to water service plants. (1) In each
biennium the Public Utility Commission may use not more than $5,000 of the fees
collected under ORS 756.310 to make emergency repairs to the plants of public
utilities providing water service. The commission may expend moneys under the
provisions of this section only if the commission determines that:
(a)
Customers of the utility are without service and are likely to remain without
service for an unreasonable period of time;
(b)
The utility is unwilling or unable to make emergency repairs, or cannot be
found after reasonable effort; and
(c)
Restoration of the service is necessary for the health and safety of the
customers of the utility.
(2)
The commission shall attempt to recover fees used under this section from the
utility providing water service. The commission may also recover a penalty as
provided in ORS 756.350 from the time the fees are expended. [2003 c.202 §8]
757.069 Notice of delinquency on water
bill. (1) If a customer of a water utility
fails to pay a water bill for more than 120 days after the bill becomes due,
the water utility shall mail notice of the delinquency to the persons who are
listed as the owners of the property in the real property tax records for the
county only if the utility asserts that the property owners are responsible for
the bill. The notice must be mailed to the addresses of the owners as reflected
in the real property tax records.
(2)
The provisions of this section apply to water utilities operated by public
utilities, municipalities, cooperatives and unincorporated associations. [2005
c.168 §2; 2007 c.211 §1]
757.070 [Renumbered
756.375]
757.072 Agreements for financial
assistance to organizations representing customer interests; rules.
(1) A public utility providing electricity or natural gas may enter into a
written agreement with an organization that represents broad customer interests
in regulatory proceedings conducted by the Public Utility Commission relating
to public utilities that provide electricity or natural gas. The agreement
shall govern the manner in which financial assistance may be provided to the
organization. The agreement may provide for financial assistance to other
organizations found by the commission to be qualified under subsection (2) of
this section. More than one public utility or organization may join in a single
agreement. Any agreement entered into under this section must be approved by
the commission before any financial assistance is provided under the agreement.
(2)
Financial assistance under an agreement entered into under this section may be
provided only to organizations that represent broad customer interests in
regulatory proceedings before the commission relating to public utilities that
provide electricity or natural gas. The commission by rule shall establish such
qualifications as the commission deems appropriate for determining which
organizations are eligible for financial assistance under an agreement entered
into under this section.
(3)
In administering an agreement entered into under this section, the commission
by rule or order may determine:
(a)
The amount of financial assistance that may be provided to any organization;
(b)
The manner in which the financial assistance will be distributed;
(c)
The manner in which the financial assistance will be recovered in the rates of
the public utility under subsection (4) of this section; and
(d)
Other matters necessary to administer the agreement.
(4)
The commission shall allow a public utility that provides financial assistance
under this section to recover the amounts so provided in rates. The commission
shall allow a public utility to defer inclusion of those amounts in rates as
provided in ORS 757.259 if the public utility so elects. An agreement under
this section may not provide for payment of any amounts to the commission. [2003
c.234 §2]
757.075
[Repealed by 1971 c.655 §250]
757.080 [1953
c.356 §1; 1961 c.354 §1; 1971 c.655 §30a; renumbered 756.380]
757.085 [1953
c.356 §2; 1961 c.354 §2; renumbered 756.385]
757.090 [1953
c.356 §3; 1961 c.354 §3; renumbered 756.390]
757.095 [1969
c.372 §2; 1971 c.655 §69; renumbered 757.039]
BUDGET, ACCOUNTS AND REPORTS OF
UTILITIES
757.105 Filing of budget; review by
commission; pensions as operating expenses. (1)
The Public Utility Commission has the right and power of regulation,
restriction and control over the budgets of expenditures of public utilities,
as to all items covering:
(a)
Proposed payment of salaries of executive officers;
(b)
Donations;
(c)
Political contributions and political advertising;
(d)
Expenditures for pensions or for a trust to provide pensions for employees and
officers;
(e)
Other expenditures and major contracts for the sale or purchase of equipment;
and
(f)
Any payment or contemplated payment to any person or corporation having an
affiliated interest for service, advice, auditing, associating, sponsoring,
engineering, managing, operating, financing, legal or other services.
(2)
On or before November 1 of each year each public utility shall prepare a budget
showing the amount of money which, in its judgment, shall be needed during the
ensuing year for covering all such activities and expenditures, and file it
with the commission.
(3)
When any such budget has been filed with the commission, the commission shall
examine into and investigate the same and unless rejected within 60 days
thereafter, the proposed budget is presumptively fair and reasonable and not
contrary to public interest.
(4)
Proposed expenditures for pensions or for a trust to provide pensions for the
employees and officers of such utility whether for future service or past
service or both, shall be recognized as an operating expense if the trust fund
is irrevocably committed to the payment of pensions or benefits to employees
and if such pensions are reasonable and nondiscriminatory. The commission may
disallow as an operating expense any expenditure for pension purposes in excess
of the amount necessary and proper to maintain an actuarially sound retirement
plan for the employees of the utility in Oregon. [Amended by 1957 c.593 §1;
1971 c.655 §82]
757.107 Supplemental budgets and orders.
Adjustment and additions to such budget expenditures may be made from time to
time during the year by filing supplementary budgets with the Public Utility
Commission. The provisions of ORS 757.105 (3) apply to adjustments and
additions to budgets. [Amended by 1971 c.655 §83]
757.110 Effect of budget orders.
(1) Any finding and order made and entered by the Public Utility Commission
under ORS 757.105 or 757.107 shall have the effect of prohibiting any
unapproved or rejected expenditure from being recognized as an operating
expense or capital expenditure in any rate valuation proceeding or in any
proceeding or hearing unless and until the propriety thereof has been
established to the satisfaction of the commission. Any such finding and order
shall remain in full force and effect, unless and until it is modified or set
aside by the commission or is set aside, modified or remanded in a proceeding
for judicial review of an order in a contested case in the manner provided by
ORS 756.610.
(2)
Nothing in ORS 757.105 or 757.107 prevents the commission from at any time
making and filing orders rejecting imprudent and unwise expenditures or
payments. Such orders when so made shall be in full force and effect, and the
public utility shall not have the right to make such expenditures or payments
found to be imprudent or unwise until the order has been modified or set aside
by the commission or is set aside, modified or remanded in a proceeding for
judicial review of an order in a contested case in the manner provided by ORS
756.610. [Amended by 1971 c.655 §84; 2005 c.638 §7]
757.115
[Amended by 1971 c.655 §20; renumbered 756.105]
757.120 Accounts required.
(1) Every public utility shall keep and render to the Public Utility
Commission, in the manner and form prescribed by the commission, uniform
accounts of all business transacted. All forms of accounts which may be
prescribed by the commission shall conform as nearly as practicable to similar
forms prescribed by federal authority.
(2)
Every public utility engaged directly or indirectly in any other business than
that of a public utility shall, if required by the commission, keep and render
separately to the commission, in like manner and form, the accounts of all such
other business, in which case all the provisions of this chapter shall apply
with like force and effect to the accounts and records of such other business. [Amended
by 1971 c.655 §85]
757.125 Duty of utility to keep records
and accounts; duty of commission to furnish blanks.
(1) The Public Utility Commission shall prescribe the accounts and records
required to be kept, and every public utility is required to keep and render
its accounts and records accurately and faithfully in the manner prescribed by
the commission and to comply with all directions of the commission relating to
such accounts and records.
(2)
No public utility shall keep any other accounts or records of its public
utility business transacted than those prescribed or approved by the commission
except such as may be required by the laws of the United States.
(3)
The commission shall cause to be prepared suitable blanks for reports for
carrying out the purposes of this chapter, and shall, when necessary, furnish
such blanks for reports to each public utility. [Amended by 1971 c.655 §86]
757.130
[Repealed by 1971 c.655 §250]
757.135 Closing accounts and filing
balance sheet; auditing accounts. (1) Except as
provided in subsection (2) of this section, the accounts required under ORS
757.120 and 757.125 shall be closed annually on December 31 and a balance sheet
of that date promptly taken therefrom. On or before
April 1 following, such balance sheet, together with such other information as
the Public Utility Commission shall prescribe, verified by an officer of the
public utility, shall be filed with the commission.
(2)
If a public utility maintains its accounts and records on a fiscal year basis,
the accounts required by ORS 757.120 and 757.125 shall be closed annually on
the last day of the fiscal year and a balance sheet shall be promptly taken
from those accounts. On or before the first day of the fourth month following
the end of the public utility’s fiscal year, the balance sheet together with
such information as the commission shall prescribe must be verified by an
officer of the public utility and filed with the commission. The commission may
require that a public utility filing information at the time specified in this
subsection also file with the commission on a calendar year basis such
additional information as may be prescribed by the commission.
(3)
The commission may examine and audit any account. Items shall be allocated to
the accounts in the manner prescribed by the commission. [Amended by 1983 c.540
§4; 2001 c.733 §1]
757.140 Depreciation accounts; use of
certain undepreciated investment in rates.
(1) Every public utility shall carry a proper and adequate depreciation
account. The Public Utility Commission shall ascertain and determine the proper
and adequate rates of depreciation of the several classes of property of each
public utility. The rates shall be such as will provide the amounts required
over and above the expenses of maintenance, to keep such property in a state of
efficiency corresponding to the progress of the industry. Each public utility
shall conform its depreciation accounts to the rates so ascertained and
determined by the commission. The commission may make changes in such rates of
depreciation from time to time as the commission may find to be necessary.
(2)
In the following cases the commission may allow in rates, directly or
indirectly, amounts on the utility’s books of account which the commission
finds represent undepreciated investment in a utility
plant, including that which has been retired from service:
(a)
When the retirement is due to ordinary wear and tear, casualties, acts of God,
acts of governmental authority; or
(b)
When the commission finds that the retirement is in the public interest. [Amended
by 1971 c.655 §87; 1989 c.956 §2]
757.145
[Repealed by 1971 c.655 §250]
757.150 [Repealed
by 1971 c.655 §250]
757.155
[Amended by 1971 c.655 §90; renumbered 757.480]
757.160
[Amended by 1971 c.655 §91; renumbered 757.485]
757.165
[Amended by 1971 c.655 §92; renumbered 757.490]
757.170
[Amended by 1971 c.655 §93; renumbered 757.495]
757.175
[Amended by 1971 c.655 §94; renumbered 757.500]
757.180
[Amended by 1971 c.655 §21; renumbered 756.115]
RATE SCHEDULES; MEASURING EQUIPMENT
757.205 Filing schedules with commission;
data filed with schedules. (1) Every public utility shall
file with the Public Utility Commission, within a time to be fixed by the
commission, schedules which shall be open to public inspection, showing all
rates, tolls and charges which it has established and which are in force at the
time for any service performed by it within the state, or for any service in
connection therewith or performed by any public utility controlled or operated
by it.
(2)
Every public utility shall file with and as part of every such schedule all
rules and regulations that in any manner affect the rates charged or to be
charged for any service. Every public utility shall also file with the
commission copies of interstate rate schedules and rules and regulations issued
by it or to which it is a party.
(3)
Where a schedule of joint rates or charges is or may be in force between two or
more public utilities, such schedules shall in like manner be printed and filed
with the commission. [Amended by 1971 c.655 §70]
757.210 Hearing to establish new
schedules; alternative regulation plan. (1)(a)
Whenever any public utility files with the Public Utility Commission any rate
or schedule of rates stating or establishing a new rate or schedule of rates or
increasing an existing rate or schedule of rates, the commission may, either
upon written complaint or upon the commission’s own initiative, after
reasonable notice, conduct a hearing to determine whether the rate or schedule
is fair, just and reasonable. The commission shall conduct the hearing upon
written complaint filed by the utility, its customer or customers, or any other
proper party within 60 days of the utility’s filing; provided that no hearing
need be held if the particular rate change is the result of an automatic
adjustment clause. At the hearing the utility shall bear the burden of showing
that the rate or schedule of rates proposed to be established or increased or
changed is fair, just and reasonable. The commission may not authorize a rate
or schedule of rates that is not fair, just and reasonable.
(b)
As used in this subsection, “automatic adjustment clause” means a provision of
a rate schedule that provides for rate increases or decreases or both, without
prior hearing, reflecting increases or decreases or both in costs incurred,
taxes paid to units of government or revenues earned by a utility and that is
subject to review by the commission at least once every two years.
(2)(a)
Subsection (1) of this section does not apply to rate changes under an approved
alternative form of regulation plan, including a resource rate plan under ORS
757.212.
(b)
Any alternative form of regulation plan shall include provisions to ensure that
the plan operates in the interests of utility customers and the public
generally and results in rates that are just and reasonable and may include
provisions establishing a reasonable range for rate of return on investment. In
approving a plan, the commission shall, at a minimum, consider whether the
plan:
(A)
Promotes increased efficiencies and cost control;
(B)
Is consistent with least-cost resources acquisition policies;
(C)
Yields rates that are consistent with those that would be obtained following
application of ORS 757.269;
(D)
Is consistent with maintenance of safe, adequate and reliable service; and
(E)
Is beneficial to utility customers generally, for example, by minimizing
utility rates.
(c)
As used in this subsection, “alternative form of regulation plan” means a plan
adopted by the commission upon petition by a public utility, after notice and
an opportunity for a hearing, that sets rates and revenues and a method for
changes in rates and revenues using alternatives to cost-of-service rate
regulation.
(d)
Prior to implementing a rate change under an alternative form of regulation
plan, the utility shall present a report that demonstrates the calculation of
any proposed rate change at a public meeting of the commission.
(3)
Except as provided in ORS 757.212, the commission, at any time, may order a
utility to appear and establish that any, or all, of its rates in a plan
authorized under subsection (2) of this section are in conformity with the plan
and are just and reasonable. Except as provided in ORS 757.212, such rates, and
the alternative form of regulation plan under which the rates are set, also
shall be subject to complaint under ORS 756.500.
(4)
Periodically, but not less often than every two years after the implementation
of a plan referred to in subsection (2) of this section, the commission shall
submit a report to the Legislative Assembly that shows the impact of the plan
on rates paid by utility customers.
(5)
The commission and staff may consult at any time with, and provide technical
assistance to, utilities, their customers, and other interested parties on
matters relevant to utility rates and charges. If a hearing is held with
respect to a rate change, the commission’s decisions shall be based on the
record made at the hearing. [Amended by by 1971 c.655
§70a; 1981 c.715 §1; 1985 c.550 §2; 1987 c.447 §97; 1987 c.613 §1; 1989 c.5 §§3,23;
1995 c.785 §1; 2001 c.913 §3; 2005 c.845 §5; 2011 c.137 §3]
757.212 Resource rate plans; customers who
may elect to be exempt; order approving plan; effect of approving plan.
(1) For purposes of this section:
(a)
“Resource rate plan” means a plan by a public utility to construct a generating
plant or to enter into a wholesale power purchase or sales agreement with a
term that is longer than one year.
(b)
“Site” means:
(A)
Buildings or other related structures that are interconnected by facilities
owned by a single public utility customer and that are served through a single
electric meter; or
(B)
A single contiguous area of land containing buildings or other structures that
are separated by not more than 1,000 feet, such that:
(i) Each building or structure included in the site is not
more than 1,000 feet from at least one other building or structure in the site;
(ii)
Buildings and structures in the site, and land containing and connecting
buildings and structures in the site, are owned by a public utility customer
who is billed for electricity use at the buildings and structures; and
(iii)
Land shall be considered to be contiguous even if there is an intervening
public or railroad right of way, provided that rights-of-way land on which
municipal infrastructure facilities exist, such as street lighting, sewerage
transmission and roadway controls, shall not be considered contiguous.
(2)
The Public Utility Commission may approve a resource rate plan as an
alternative form of regulation plan under ORS 757.210. A public utility must
make a separate tariff filing for each proposed resource rate plan. If the
commission approves a resource rate plan by a public utility based on the
construction of a generating plant, the order approving the plan must state how
the commission will reflect the costs and revenues of the generating plant in
the utility’s rates during all or a portion of the expected useful life of the
generating plant. If the commission approves a resource rate plan based on a
wholesale power purchase or sales agreement with a term longer than one year,
the order approving the plan must state how the commission will reflect the
costs and revenues under the wholesale power purchase or sales agreement in the
utility’s rates during all or a portion of the term of the agreement.
(3)
A customer receiving electricity from a public utility may elect to be exempt
from the costs and benefits of a resource rate plan for any single site at
which the customer has had a peak load in excess of nine megawatts in any hour
during the 12-month period immediately preceding the date on which the public
utility files a tariff under this section. A public utility filing a tariff
under this section must give written notice of the provisions of this
subsection to all of its customers that are eligible to make an election under
this subsection. The notice must be given within three days after the tariff is
filed. An election under this subsection must be made by a customer within 30
days after the tariff is filed.
(4)
A public utility customer that elects to be exempt under subsection (3) of this
section may also elect to be exempt from the costs and benefits of a resource
rate plan for any single site at which the customer has had a peak load in
excess of one megawatt in any hour during the 12-month period immediately
preceding the date on which the public utility files a tariff under this
section. An election under this subsection must be made as part of the election
under subsection (3) of this section.
(5)
The commission shall ensure that customers making an election under subsection
(3) or (4) of this section are charged the market cost for all electricity that
is required to replace the electricity that would otherwise have been provided
under the resource rate plan, and that the election does not result in increased
costs or risks to the public utility or to other customers of the public
utility.
(6)
The commission, by rule, may allow customers of a public utility other than
those customers described in subsection (3) of this section to elect to be
exempt from the costs and benefits of a resource rate plan.
(7)
If the commission approves a resource rate plan, the order of the commission
must also address:
(a)
The extent to which the public utility will use power from the generating plant
or from the power purchase or sales agreement to serve its retail customers in
Oregon;
(b)
The allocation of power available from the generating plant or power purchase
or sales agreement among different classes of the public utility’s customers;
(c)
The ratemaking consequences of the generating plant or power purchase or sales
agreement, including the consequences of variations in the amount of power that
is actually available after the plan is in operation compared with the amount
of power that was anticipated to be available at the time the plan was
approved; and
(d)
Any other issue the commission chooses to consider.
(8)
If the commission approves a resource rate plan, the commission may not
thereafter review the costs and rates specific to the resource rate plan or
other obligations of the public utility under the plan, or consider any
complaint under ORS 756.500 seeking review of the costs and rates specific to
the resource rate plan or other obligations of the public utility under the
plan, except for the purpose of determining whether the public utility is in
compliance with the plan and has established rates in accordance with the plan.
(9)
A resource rate plan and a public utility’s rates under a resource rate plan
are not subject to ORS 757.355.
(10)
The commission may not set aside or modify an order approving a resource rate
plan unless the public utility operating under the plan approves the setting
aside or modification. [2001 c.913 §2; 2005 c.638 §8]
Note:
757.212 was added to and made a part of 757.205 to 757.220 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
757.215 Commission authorized to suspend
new rates or order interim rates during hearings; revenues collected under
unapproved rates to be refunded; order after hearing.
(1) The Public Utility Commission may, pending such investigation and
determination, order the suspension of the rate or schedule of rates, provided
the initial period of suspension shall not extend more than six months beyond
the time when such rate or schedule would otherwise go into effect. If the
commission finds that the investigation will not be completed at the expiration
of the initial suspension, the commission may enter an order further suspending
such rate or schedule for not more than three months beyond the last day of the
initial suspension.
(2)
This section does not prevent the commission and the utility from entering into
a written stipulation at any time extending any period of suspension.
(3)
After full hearing, whether completed before or after such rate or schedule has
gone into effect, the commission may make such order in reference thereto as
would be proper in a proceeding initiated after such rate or schedule has
become effective.
(4)
If the commission is required to or determines to conduct a hearing on a rate
or schedule of rates filed pursuant to ORS 757.210, but does not order a
suspension thereof, any increased revenue collected by the utility as a result
of such rate or rate schedule becoming effective shall be received subject to
being refunded. If the rate or rate schedule thereafter approved by the
commission is for a lesser increase or for no increase, the utility shall
refund the amount of revenues received that exceeds the amount approved as
nearly as possible to the customers from whom such excess revenues were
collected, by a credit against future bills or otherwise, in such manner as the
commission orders.
(5)
The commission may in a suspension order authorize an interim rate or rate
schedule under which the utility’s revenues will be increased by an amount
deemed reasonable by the commission, not exceeding the amount requested by the
utility. Any such interim increase for a public utility as defined in ORS
757.005 that produces, transmits, delivers or furnishes heat, light or power
shall be effected by rates designed to increase the utility’s revenues without
materially changing the revenue relationships among customer classes or between
the revenues derived from demand charges and from energy charges. An interim
rate or rate schedule shall remain in effect until terminated by the
commission. Upon completion of the hearing and decision, the commission shall
order the utility to refund that portion of the increase in the interim rate or
schedule that the commission finds is not justified. Any refund of an interim
increase under this subsection shall be based upon an analysis of the utility’s
earnings for a period reasonably representative of the period during which the
interim increase was in effect. Refunds shall be made as nearly as possible to
the customers against whom the interim rates were charged, by credits against
future bills or in such other manner as the commission orders.
(6)
Refunds ordered by the commission under subsection (4) or (5) of this section
shall include interest on the amount determined to be subject to refund from
the date such interim rate or rate schedules took effect. [Amended by 1981
c.715 §2; 1991 c.964 §1]
757.220 Notice of schedule changes
required; exception for alternative regulation.
No change shall be made in any schedule, including schedules of joint rates,
except upon 30 days’ notice to the Public Utility Commission. All changes shall
be plainly indicated upon existing schedules, or by filing new schedules in
lieu thereof 30 days prior to the time they are to take effect. However, the
commission, for good cause shown, may allow changes without requiring the 30
days’ notice by filing an order specifying the changes to be made and the time
when they shall take effect. This section does not apply to rate changes
authorized under an alternative form of regulation plan under ORS 757.210 (2). [Amended
by 1995 c.785 §2]
757.225 Utilities required to collect for
their services in accordance with schedules. No
public utility shall charge, demand, collect or receive a greater or less
compensation for any service performed by it within the state, or for any
service in connection therewith, than is specified in printed rate schedules as
may at the time be in force, or demand, collect or receive any rate not
specified in such schedule. The rates named therein are the lawful rates until
they are changed as provided in ORS 757.210 to 757.220. [Amended by 1971 c.655 §71;
1985 c.550 §3; 1991 c.67 §204]
757.227 Rate mitigation for certain
electric company rate increases. (1) As used
in this section, “electric company” has the meaning given that term in ORS
757.600.
(2)
The Public Utility Commission shall require that an electric company mitigate a
rate increase payable by a class of customers described in subsection (5) of
this section if:
(a)
The increase results from a transition to an electric company’s generally
applicable cost-based rate from the rates established under the contracts
described in subsection (5) of this section; and
(b)
The increase in the cost of electricity to that class of customers by reason of
the transition will exceed 50 percent during the first 12 calendar months after
the transition occurs.
(3)
The commission shall require an electric company to mitigate a rate increase
under this section by means of a schedule of rate credits for the class of
customers described in subsection (5) of this section. The rate credits
provided by an electric company under the schedule shall automatically decrease
each year to the lowest credit necessary to avoid a rate increase that is
greater than 50 percent in any subsequent year. Rate credits under this section
may not be provided for more than seven years after the transition occurs.
(4)
For the purpose of determining the increase in the cost of electricity to a
class of customers by reason of a transition described in subsection (2)(a) of
this section, the commission shall:
(a)
Include the total charges for electricity service, including all special
charges and credits other than the rate credit provided under this section; and
(b)
Exclude any local taxes or fees paid by the class of customers.
(5)
This section applies only to customers of an electric company that purchase
electricity at metering points that before the transition described in
subsection (2)(a) of this section were eligible for rates that were set under
contracts entered into before 1960 and remained unchanged throughout the period
of the contract.
(6)
The full cost of providing rate credits under this section shall be spread
equally among all other customers of the electric company. [2005 c.594 §3]
757.230 Control of commission over
classification of services and forms of schedules; rules.
(1) The Public Utility Commission shall provide for a comprehensive
classification of service for each public utility, and such classification may
take into account the quantity used, the time when used, the purpose for which
used, the existence of price competition or a service alternative, the services
being provided, the conditions of service and any other reasonable
consideration. Based on such considerations the commission may authorize
classifications or schedules of rates applicable to individual customers or
groups of customers. The service classifications and schedule forms shall be
designed consistently with the requirements of ORS 469.010. Each public utility
is required to conform its schedules of rates to such classification. If the
commission determines that a tariff filing under ORS 757.205 results in a rate
classification primarily related to price competition or a service alternative,
the commission, at a minimum, shall consider the following:
(a)
Whether the rate generates revenues at least sufficient to cover relevant short
and long run costs of the utility during the term of the rates;
(b)
Whether the rate generates revenues sufficient to insure that just and
reasonable rates are established for remaining customers of the utility;
(c)
For electric and natural gas utilities:
(A)
Whether it is appropriate to incorporate interruption of service in the utility’s
rate agreement with the customer; and
(B)
Whether the rate agreement requires the utility to acquire new resources to
serve the load; and
(d)
For electric utilities, for service to load not previously served, the effect
of the rate on the utility’s average system cost through the residential
exchange provision of the Pacific Northwest Electric Power Planning and
Conservation Act of 1980, Public Law 96-501, as amended.
(2)
The commission may prescribe such changes in the form in which the schedules
are issued by any public utility as may be found to be expedient. The
commission shall adopt rules which allow any person who requests notice of
tariff filings described under subsection (1) of this section to receive such
notice. [Amended by 1971 c.655 §72; 1977 c.682 §1; 1987 c.900 §1]
757.235
[Amended by 1953 c.285 §2; repealed by 1981 c.715 §3]
757.240 Filing schedules in business
office. (1) A copy of so much of all schedules,
including schedules of joint rates and charges, as the Public Utility
Commission deems necessary for the use of the public shall be printed in plain
type and kept on file in every business office of such public utility, open to
the public, and in such form and place as to be readily accessible to the
public for convenient inspection.
(2)
Copies of all new schedules shall be filed in every business office of such
public utility 30 days prior to the time the schedules are to take effect,
unless the commission prescribes a shorter time. [Amended by 1971 c.655 §73]
757.245 Establishment of joint rates.
(1) A public utility may establish reasonable through service and joint rates
and classifications with other public utilities. Public utilities establishing
joint rates shall establish just and reasonable regulations and practices in
connection therewith and just, reasonable and equitable divisions thereof as
between the public utilities participating therein, which shall not unduly prefer
or prejudice any of such participating public utilities, and every unjust and
unreasonable rate, classification, regulation, practice and division is
prohibited.
(2)
The Public Utility Commission may, and shall, whenever deemed by the commission
to be necessary or desirable in the public interest, after full hearing upon
complaint, or upon the commission’s own initiative without complaint, establish
through service, classifications and joint rates, the divisions of such rates
and the terms and conditions under which such through service shall be
rendered. If any tariff or schedule canceling any through service or joint rate
or classification without the consent of all the public utilities parties
thereto or authorization by the commission is suspended by the commission for
investigation, the burden of proof is upon the public utilities proposing such
cancellation to show that it is consistent with the public interest.
(3)
Whenever, after full hearing upon complaint or upon the commission’s own
initiative without complaint, the commission is of the opinion that the
divisions of joint rates between the public utilities are or will be unjust,
unreasonable, inequitable or unduly preferential or prejudicial as between the
public utilities parties thereto, whether agreed upon by such public utilities
or otherwise established, the commission shall, by order, prescribe the just,
reasonable and equitable divisions thereof to be received by the several public
utilities. In cases where the joint rate was established pursuant to the
finding or order of the commission and the divisions thereto are found by the
commission to have been unjust, unreasonable or inequitable, or unduly
preferential or prejudicial, the commission may also by order determine what,
for the period subsequent to the filing of the complaint or petition or the
making of the order of investigation, would have been the just, reasonable and
equitable division thereof to be received by the several public utilities and
require adjustment to be made in accordance therewith.
(4)
In so prescribing and determining the divisions of joint rates, the commission
shall give due consideration, among other things, to:
(a)
The efficiency with which the public utilities concerned are operated;
(b)
The amount of revenue to pay their respective operating expenses, taxes and a
fair return on their public utility property held for and used in service;
(c)
The importance to the public of the services of such public utilities;
(d)
Whether any particular participating public utility is an originating,
intermediate or delivering utility; and
(e)
Any other fact or circumstance which ordinarily would entitle one public
utility to a greater or less proportion of the joint rate than another. [Amended
by 1971 c.655 §74]
757.247 Tariff schedules for renewable
energy generation facilities and energy conservation.
(1) The Public Utility Commission may authorize a public utility to file and
place into effect tariff schedules establishing rates or charges for renewable
energy generation facilities, or for energy conservation measures, services or
payments, provided to individual property owners or customers. Application of
the schedule shall be subject to agreement between the public utility and the
property owner or customer receiving service at the time the renewable energy
generation facilities or conservation measures, services or payments are
initially provided.
(2)
A tariff schedule under this section may include provisions for the payment of
the rates or charges over a period of time and for the application of the
payment obligation to successive property owners or customers at the premises
where the renewable energy generation facilities or conservation measures or
services were installed or performed or with respect to which the payments were
made.
(3)
A public utility shall record a notice of any payment obligation required of a
property owner or customer under this section in the records maintained by the
county clerk under ORS 205.130. The commission may prescribe by rule other
methods by which the public utility shall notify property owners or customers
of any such payment obligation.
(4)
A public utility may use moneys obtained through a rate established under ORS
757.603 (2)(a) to provide renewable energy generation facilities to property
owners or customers under this section. A public utility may not charge
interest to a property owner or customer for facilities acquired with moneys
obtained through a rate established under ORS 757.603 (2)(a). [1991 c.268 §2;
2007 c.885 §3]
757.250 Standards and appliances for
measuring service; rules. (1) The Public Utility
Commission shall ascertain and prescribe for each kind of public utility
suitable and convenient standard commercial units of service. These shall be
lawful units for the purposes of this chapter.
(2)
The commission shall ascertain and fix adequate and serviceable standards for
the measurement of quality, pressure, initial voltage or other conditions
pertaining to the supply of the service rendered by any public utility and
prescribe reasonable regulations for examination and testing of such service
and for the measurement thereof. It shall establish reasonable rules,
regulations, specifications and standards to secure the accuracy of all meters
and appliances for the measurements, and every public utility is required to
carry into effect all orders issued by the commission relative thereto. [Amended
by 1971 c.655 §75]
757.255 Testing of measuring appliances;
rules; fees. (1) The Public Utility Commission may
provide for the examination and testing of any and all appliances used for the
measuring of any service of a public utility, and may provide by rule that no
such appliance shall be installed and used for the measuring of any service of
any public utility until it has been examined and tested by the commission and
found to be accurate.
(2)
The commission shall declare and establish a reasonable fee governing the cost
of such examination and test, which shall be paid to the commission by the
public utility.
(3)
The commission shall declare and establish reasonable fees for the testing of
such appliances on the application of the customer, the fee to be paid by the
customer at the time of the customer’s request, but to be repaid to the
customer by the commission and to be paid by the public utility if the
appliance is found defective or incorrect to the disadvantage of the customer
or used beyond such reasonable limit as may be prescribed by the commission.
(4)
All fees collected under the provisions of this section shall be paid by the
commission into the State Treasury.
(5)
The commission may purchase such materials, apparatus and standard measuring
instruments for the examination and tests as the commission deems necessary. [Amended
by 1971 c.655 §76]
757.259 Amounts includable in rate
schedule; deferral; limit in effect on rates by amortization; rules.
(1) In addition to powers otherwise vested in the Public Utility Commission,
and subject to the limitations contained in this section, under amortization
schedules set by the commission, a rate or rate schedule:
(a)
May reflect:
(A)
Amounts lawfully imposed retroactively by order of another governmental agency;
or
(B)
Amounts deferred under subsection (2) of this section.
(b)
Shall reflect amounts deferred under subsection (3) of this section if the
public utility so requests.
(2)
Upon application of a utility or ratepayer or upon the commission’s own motion
and after public notice, opportunity for comment and a hearing if any party
requests a hearing, the commission by order may authorize deferral of the
following amounts for later incorporation in rates:
(a)
Amounts incurred by a utility resulting from changes in the wholesale price of
natural gas or electricity approved by the Federal Energy Regulatory Commission;
(b)
Balances resulting from the administration of Section 5(c) of the Pacific
Northwest Electric Power Planning and Conservation Act of 1980;
(c)
Direct or indirect costs arising from any purchase made by a public utility
from the Bonneville Power Administration pursuant to ORS 757.663, provided that
such costs shall be recovered only from residential and small-farm retail
electricity consumers;
(d)
Amounts accruing under a plan for the protection of short-term earnings under
ORS 757.262 (2); or
(e)
Identifiable utility expenses or revenues, the recovery or refund of which the
commission finds should be deferred in order to minimize the frequency of rate
changes or the fluctuation of rate levels or to match appropriately the costs
borne by and benefits received by ratepayers.
(3)
Upon request of the public utility, the commission by order shall allow
deferral of amounts provided as financial assistance under an agreement entered
into under ORS 757.072 for later incorporation in rates.
(4)
The commission may authorize deferrals under subsection (2) of this section
beginning with the date of application, together with interest established by
the commission. A deferral may be authorized for a period not to exceed 12
months beginning on or after the date of application. However, amounts deferred
under subsection (2)(c) and (d) or (3) of this section are not subject to
subsection (5), (6), (7), (8) or (10) of this section, but are subject to such
limitations and requirements that the commission may prescribe and that are
consistent with the provisions of this section.
(5)
Unless subject to an automatic adjustment clause under ORS 757.210 (1), amounts
described in this section shall be allowed in rates only to the extent
authorized by the commission in a proceeding under ORS 757.210 to change rates
and upon review of the utility’s earnings at the time of application to
amortize the deferral. The commission may require that amortization of deferred
amounts be subject to refund. The commission’s final determination on the
amount of deferrals allowable in the rates of the utility is subject to a
finding by the commission that the amount was prudently incurred by the
utility.
(6)
Except as provided in subsections (7), (8) and (10) of this section, the overall
average rate impact of the amortizations authorized under this section in any
one year may not exceed three percent of the utility’s gross revenues for the
preceding calendar year.
(7)
The commission may allow an overall average rate impact greater than that
specified in subsection (6) of this section for natural gas commodity and
pipeline transportation costs incurred by a natural gas utility if the
commission finds that allowing a higher amortization rate is reasonable under
the circumstances.
(8)
The commission may authorize amortizations for an electric utility under this
section with an overall average rate impact not to exceed six percent of the
electric utility’s gross revenues for the preceding calendar year. If the
commission allows an overall average rate impact greater than that specified in
subsection (6) of this section, the commission shall estimate the electric
utility’s cost of capital for the deferral period and may also consider
estimated changes in the electric utility’s costs and revenues during the
deferral period for the purpose of reviewing the earnings of the electric
utility under the provisions of subsection (5) of this section.
(9)
The commission may impose requirements similar to those described in subsection
(8) of this section for the amortization of other deferrals under this section,
but may not impose such requirements for deferrals under subsection (2)(c) or
(d) or (3) of this section.
(10)
The commission may authorize amortization of a deferred amount for an electric utility
under this section with an overall average rate impact greater than that
allowed by subsections (6) and (8) of this section if:
(a)
The deferral was directly related to extraordinary power supply expenses
incurred during 2001;
(b)
The amount to be deferred was greater than 40 percent of the revenue received
by the electric utility in 2001 from Oregon customers; and
(c)
The commission determines that the higher rate impact is reasonable under the
circumstances.
(11)
If the commission authorizes amortization of a deferred amount under subsection
(10) of this section, an electric utility customer that uses more than one
average megawatt of electricity at any site in the immediately preceding
calendar year may prepay the customer’s share of the deferred amount. The
commission shall adopt rules governing the manner in which:
(a)
The customer’s share of the deferred amount is calculated; and
(b)
The customer’s rates are to be adjusted to reflect the prepayment of the
deferred amount.
(12)
The provisions of this section do not apply to a telecommunications utility. [1987
c.563 §2; 1989 c.18 §1; 1989 c.956 §1; 1993 c.175 §1; 1999 c.865 §31; 2001
c.733 §3; 2003 c.132 §1; 2003 c.234 §3]
757.260
[Amended by 1971 c.655 §18; renumbered 756.075]
757.262 Rates to encourage acquisition of
cost-effective conservation resources; rules. (1)
The Public Utility Commission, by rule, may adopt policies designed to
encourage the acquisition of cost-effective conservation resources and
small-scale, renewable-fuel electric generating resources.
(2)
In furtherance of the policies adopted pursuant to subsection (1) of this
section, and in such manner as the commission considers proper, the commission
may authorize periodic rate adjustments for the purpose of providing some
protection to a utility from reduction of short-term earnings that may result
from implementation of such policies. The adjustments may include, but are not
limited to, adjustments based in whole or in part upon the extent to which
actual sales deviate from a base level of sales the commission considers
appropriate. [1993 c.175 §3; 1999 c.944 §3]
757.265
[Repealed by 1971 c.655 §250]
757.266 Rates may encourage tree planting
programs as offset to carbon dioxide emissions.
The Public Utility Commission of Oregon may allow a rate or rate schedule of a
public utility to reflect amounts for small scale programs that enable the
utility to gain experience with tree planting on underproducing
forestland, as defined by the State Forestry Department, as an offset to carbon
dioxide emissions. [1993 c.286 §1]
Note:
757.266 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 757 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
757.267 [2005
c.845 §2; repealed by 2011 c.137 §5]
757.268 [2005
c.845 §3; repealed by 2011 c.137 §5]
757.269 Setting of rates based upon income
taxes paid by utility; limitation on use of tax information; rules.
(1) When establishing schedules and rates under ORS 757.210 for an electricity
or natural gas utility, the Public Utility Commission shall act to balance the
interests of the customers of the utility and the utility’s investors by
setting fair, just and reasonable rates that include amounts for income taxes.
Subject to subsections (2) and (3) of this section, amounts for income taxes
included in rates are fair, just and reasonable if the rates include current
and deferred income taxes and other related tax items that are based on
estimated revenues derived from the regulated operations of the utility.
(2)
During ratemaking proceedings conducted pursuant to ORS 757.210, the Public
Utility Commission must ensure that the income taxes included in the
electricity or natural gas utility’s rates:
(a)
Include all expected current and deferred tax balances and tax credits made in
providing regulated utility service to the utility’s customers in this state;
(b)
Include only the current provision for deferred income taxes, accumulated
deferred income taxes and other tax related items that are based on revenues,
expenses and the rate base included in rates and on the same basis as included
in rates;
(c)
Reflect all known changes to tax and accounting laws or policy that would affect
the calculated taxes;
(d)
Are reduced by tax benefits generated by expenditures made in providing
regulated utility service to the utility’s customers in this state, regardless
of whether the taxes are paid by the utility or an affiliated group;
(e)
Contain all adjustments necessary in order to ensure compliance with the
normalization requirements of federal tax law; and
(f)
Reflect other considerations the commission deems relevant to protect the
public interest.
(3)
During a ratemaking proceeding conducted under ORS 757.210 for an electricity
or natural gas utility that pays taxes as part of an affiliated group, the
Public Utility Commission may adjust the utility’s estimated income tax expense
based upon:
(a)
Whether the utility’s affiliated group has a history of paying federal or state
income taxes that are less than the federal or state income taxes the utility
would pay to units of government if it were an Oregon-only regulated utility
operation;
(b)
Whether the corporate structure under which the utility is held affects the
taxes paid by the affiliated group; or
(c)
Any other considerations the commission deems relevant to protect the public
interest.
(4)(a)
Because tax information of unregulated nonutility business in an electricity or
natural gas utility’s affiliated group is commercially sensitive, and public
disclosure of such information could provide a commercial advantage to other
businesses, the Public Utility Commission may not use the tax information
obtained under this section for any purpose other than those described in this
section, in ORS 757.511 and as necessary for the implementation and
administration of this section and ORS 757.511.
(b)
The commission shall adopt rules to implement paragraph (a) of this subsection
that:
(A)
Identify all documents and tax information that an electricity or natural gas
utility must file in its initial filing in a proceeding to change rates that
include amounts for income taxes, recognizing that any party may object to
providing such documents on the grounds that they are not relevant; and
(B)
Determine the procedures under which intervenors in
such proceedings may obtain and use documents and tax information to fully
participate in the proceeding.
(5)
As used in this section, “affiliated group” means a group of corporations of
which the public utility is a member and that files a consolidated federal
income tax return. [2011 c.137 §1]
Note:
757.269 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 757 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
ATTACHMENTS REGULATION
757.270 Definitions for ORS 757.270 to
757.290. As used in ORS 757.270 to 757.290,
unless the context requires otherwise:
(1)
“Attachment” means any wire or cable for the transmission of intelligence by
telegraph, telephone or television (including cable television), light waves,
or other phenomena, or for the transmission of electricity for light, heat or
power, and any related device, apparatus, or auxiliary equipment, installed
upon any pole or in any telegraph, telephone, electrical, cable television or
communications right of way, duct, conduit, manhole or handhole
or other similar facility or facilities owned or controlled, in whole or in
part, by one or more public utility, telecommunications utility or
consumer-owned utility.
(2)
“Consumer-owned utility” means a people’s utility district organized under ORS
chapter 261, a municipal utility organized under ORS chapter 225 or an electric
cooperative organized under ORS chapter 62.
(3)
“Licensee” means any person, firm, corporation, partnership, company,
association, joint stock association or cooperatively organized association
that is authorized to construct attachments upon, along, under or across the
public ways.
(4)
“Public utility” has the meaning for that term provided in ORS 757.005, and
does not include any entity cooperatively organized or owned by federal, state
or local government, or a subdivision of state or local government.
(5)
“Telecommunications utility” has the meaning for that term provided in ORS
759.005, and does not include any entity cooperatively organized or owned by
federal, state or local government or a subdivision of state or local
government. [1979 c.356 §2; 1989 c.5 §4; 1999 c.832 §4]
757.271 Authorization from pole owner
required for attachment. (1) Subject to applicable
regulations of the Public Utility Commission, a person shall not establish an
attachment to a pole or other facility of a public utility, telecommunications
utility or consumer-owned utility unless the person has executed a contract
with and has authorization from the utility allowing the attachment.
(2)
A licensee shall report all pole attachments to the pole owner. A pole owner
may impose on a licensee a penalty charge for failing to report an attachment.
The pole owner also may charge the licensee for any expenses incurred as a
result of an unauthorized attachment or any attachment that exceeds safety limits
established by rule of the commission. [1999 c.832 §2]
757.272 Pole owner may approve or reject
attachment. (1) A licensee shall notify a public
utility, telecommunications utility or consumer-owned utility of all
attachments to the utility’s poles according to the terms of any agreement
between the licensee and the utility.
(2)
Notwithstanding subsection (1) of this section, the public utility,
telecommunications utility or consumer-owned utility may approve or reject the
attachment. If the attachment is rejected, the licensee shall remove the
attachment within three business days of the date the attachment is rejected.
If the attachment is not removed within three business days of the date the
attachment is rejected, the utility may remove the attachment and charge the
licensee for all costs incurred by the utility in removing the attachment. [1999
c.832 §3]
757.273 Attachments to public utility and
telecommunications utility facilities regulated.
The Public Utility Commission of Oregon shall have the authority to regulate in
the public interest the rates, terms and conditions for attachments by
licensees to poles or other facilities of public utilities and
telecommunications utilities. All rates, terms and conditions made, demanded or
received by any public utility or telecommunications utility for any attachment
by a licensee shall be just, fair and reasonable. [1979 c.356 §3; 1989 c.5 §5]
757.276 Attachments by licensees to
consumer-owned utility facilities regulated. The
Public Utility Commission of Oregon shall have the authority to regulate the
rates, terms and conditions for attachments by licensees to poles or other
facilities of consumer-owned utilities. All rates, terms and conditions made,
demanded or received by any consumer-owned utility for any attachment by a
licensee shall be just, fair and reasonable. [1979 c.356 §4; 1987 c.414 §164;
1999 c.832 §5]
757.279 Fixing rates or charges by commission;
cost of hearing. (1) Whenever the Public Utility
Commission of Oregon finds, after hearing had upon complaint by a licensee, a
public utility, a telecommunications utility or a consumer-owned utility that
the rates, terms or conditions demanded, exacted, charged or collected in
connection with attachments or availability of surplus space for such
attachments are unjust or unreasonable, or that such rates or charges are
insufficient to yield a reasonable compensation for the attachment and the
costs of administering the same, the commission shall determine the just and
reasonable rates, terms and conditions thereafter to be observed and in force
and shall fix the same by order. In determining and fixing such rates, terms
and conditions, the commission shall consider the interest of the customers of
the licensee, as well as the interest of the customers of the public utility,
telecommunications utility or consumer-owned utility that owns the facility
upon which the attachment is made.
(2)
When the order applies to a consumer-owned utility, the order shall also
provide for payment by the parties of the cost of the hearing. The payment
shall be made in a manner which the commission considers equitable. [1979 c.356
§5; 1983 c.251 §1; 1987 c.414 §165; 1989 c.5 §6; 1999 c.832 §6]
757.282 Criteria for just and reasonable
rate for attachments; rate reduction. (1) A just
and reasonable rate shall ensure the public utility, telecommunications utility
or consumer-owned utility the recovery from the licensee of not less than all
the additional costs of providing and maintaining pole attachment space for the
licensee nor more than the actual capital and operating expenses, including
just compensation, of the public utility, telecommunications utility or
consumer-owned utility attributable to that portion of the pole, duct or
conduit used for the pole attachment, including a share of the required support
and clearance space in proportion to the space used for pole attachment above
minimum attachment grade level, as compared to all other uses made of the
subject facilities, and uses that remain available to the owner or owners of
the subject facilities.
(2)
A licensee shall receive a rental deduction if the licensee is in compliance
with rules adopted by the Public Utility Commission for certifying compliance
with the laws regulating pole attachments. A licensee is eligible for the
rental reduction unless the commission or the utility authorizing the
attachment notifies the licensee in writing that the licensee has failed to
comply with either the commission’s rules or the terms of a contract between
the licensee and the utility authorizing the attachment.
(3)
For purposes of determining the rental rate for a pole attachment, the usable
space on the pole shall include 20 inches of safety clearance space between
communication circuits and electric circuits, provided the licensee is in
compliance with rules and agreements as described in subsection (2) of this
section. [1979 c.356 §6; 1989 c.5 §7; 1999 c.832 §7]
757.285 Presumption of reasonableness of
rates set by private agreement. Agreements
regarding rates, terms and conditions of attachments shall be deemed to be
just, fair and reasonable, unless the Public Utility Commission finds upon
complaint by a public utility, telecommunications utility, consumer-owned
utility or licensee party to such agreement and after hearing, that such rates,
terms and conditions are adverse to the public interest and fail to comply with
the provisions hereof. [1979 c.356 §7; 1987 c.414 §166; 1989 c.5 §8; 1999 c.832
§8]
757.287 Application to electrical utility
attachments. Nothing in ORS 757.270 to 757.290 shall
be deemed to apply to any attachment by one or more electrical utilities on the
facilities of one or more other electrical utilities. [1979 c.356 §8]
757.290 Regulatory procedures.
The procedures of the Public Utility Commission for petition, regulation and
enforcement relative to attachments, including any rights of appeal from any
decision thereof, shall be the same as those otherwise generally applicable to
the commission. [1979 c.356 §9; 1987 c.414 §167]
NET METERING FACILITIES
757.300 Net metering facility allowed to
connect to public utility; conditions for connecting and measuring energy;
rules; application to out-of-state utilities. (1) As
used in this section:
(a)
“Customer-generator” means a user of a net metering facility.
(b)
“Electric utility” means a public utility, a people’s utility district
operating under ORS chapter 261, a municipal utility operating under ORS
chapter 225 or an electric cooperative organized under ORS chapter 62.
(c)
“Net metering” means measuring the difference between the electricity supplied
by an electric utility and the electricity generated by a customer-generator
and fed back to the electric utility over the applicable billing period.
(d)
“Net metering facility” means a facility for the production of electrical
energy that:
(A)
Generates electricity using solar power, wind power, fuel cells, hydroelectric
power, landfill gas, digester gas, waste, dedicated energy crops available on a
renewable basis or low-emission, nontoxic biomass based on solid organic fuels
from wood, forest or field residues;
(B)
Is located on the customer-generator’s premises;
(C)
Can operate in parallel with an electric utility’s existing transmission and
distribution facilities; and
(D)
Is intended primarily to offset part or all of the customer-generator’s
requirements for electricity.
(2)
An electric utility that offers residential and commercial electric service:
(a) Sha