Oregon Revised Statutes
As used in this chapter, except as provided in paragraph (b) of this subsection, “public utility” means: 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 furnishi…
For purposes of ORS chapter 757, the term “public utility” does not include a people’s utility district organized under ORS chapter 261 or an electric cooperative organized under ORS chapter 62. Note: 757.006 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. S…
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. Prior to the effective date, the commission may suspend the effective date of such con…
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: With respect to any or all customers, if the commission finds tha…
As used in ORS 757.105 (1) and 757.495, “affiliated interest” with a public utility means: Every corporation and person owning or holding directly or indirectly five percent or more of the voting securities of such public utility. Every corporation and person in any chain of successive ownership of five percent or more of voting securities of such public u…
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.
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…
As used in this section, “hazardous substance or material” means: Fuel gas, whether in a gaseous, liquid or semisolid state; Petroleum or petroleum products; and Any other substance or material which may pose an unreasonable risk to life or property when transported by pipeline facilities. The Public Utility Commission has power, after a hearing had upon…
As used in this section: “Anthropogenic gases and atmospheric pollutants” includes carbon dioxide, methane, nitrogen oxides, sulfur oxides, mercury, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. “Distributed energy resource” means a small-scale energy system or mechanism that is located behind-the-meter and that generates or stores energy, …
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 requir…
Notwithstanding the specific requirements imposed on an electric company by ORS 469.631 to 469.645 and 469.860 to 469.900, an electric company meets the requirements of ORS 469.631 to 469.645 and 469.860 to 469.900 if the electric company: Meets the public purpose expenditure standard established under ORS 757.612; and Plans for and pursues cost-effective …
As used in this section: “Electric company” has the meaning given that term in ORS 757.600. “Retail electricity consumer” means a retail electricity consumer, as defined in ORS 757.600, that is located in Oregon. The Legislative Assembly finds and declares that: Energy efficiency programs promote lower energy bills, protect the public health and safety, …
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 …
(Water Utilities)
For the purposes of this section: “Rate regulation” means regulation under this chapter, except for regulation under ORS 757.105 to 757.110. “Service regulation” means regulation under this chapter, except for regulation under ORS 757.105 to 757.110, 757.140, 757.205 to 757.220, 757.225, 757.245, 757.259, 757.355, 757.400 to 757.463, 757.485, 757.490, 757.…
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 associa…
As used in this section: “Incumbent water utility” means an existing water utility that may be sold to another water utility or other entity. “Safe and adequate service” includes the ability of a water utility or other entity to provide to its customers potable water at sufficient volume and pressure. “Water utility” means a public utility, as defined in …
In each biennium the Public Utility Commission may use not more than $100,000 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: Customers of the utility are without service a…
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 …
(Customer Interests)
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 ma…
If a public utility determines that a current or former customer of the public utility was previously billed an incorrect amount for a service provided by the public utility under rate schedules or tariffs in effect for the public utility on the date on which the service was provided, the public utility may: If the public utility underbilled the customer, i…
The Public Utility Commission shall require each public utility to include at the bottom of every utility bill the following information: The phone numbers for the commission’s consumer services. The website address, in shortened form, for the commission’s online consumer complaint form.
As used in this section and ORS 757.218, “electric or natural gas company” means any entity that is a public utility that is engaged in the business of distributing electricity or natural gas to retail customers in this state. Each calendar year, an electric or natural gas company shall provide to the Public Utility Commission, and make publicly available o…
BUDGET, ACCOUNTS AND REPORTS OF UTILITIES
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: Proposed payment of salaries of executive officers; Donations; Political contributions and political advertising; Expenditures for pensions or for a trust to provide pensions for empl…
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.
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 e…
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. Every public utility engaged di…
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. No public utility shall ke…
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 a date prescribed by the Public Utility Commission by rule, such balance sheet, together with such other information as the commission shall p…
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 …
RATE SCHEDULES; MEASURING EQUIPMENT
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 pe…
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 wheth…
As used in this section, “electric or natural gas company” means any entity that is a public utility that is engaged in the business of distributing electricity or natural gas to retail customers in this state. In determining whether an electric or natural gas company’s proposed residential rate or schedule of rates to be established or increased or changed…
For purposes of this section: “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. “Site” means: Buildings or other related structures that are interconnected by facilities owned by a single public utility customer and …
The Public Utility Commission may, pending such investigation and determination, order the suspension of the rate or schedule of rates for a period of up to 10 months beyond the time when such rate or schedule would otherwise go into effect. This section does not prevent the commission and the utility from entering into a written stipulation at any time ext…
As used in this section, “electric or natural gas company” means any entity that is a public utility that is engaged in the business of distributing electricity or natural gas to retail customers in this state. The Public Utility Commission shall establish rules requiring an electric or natural gas company to establish a multiyear rate plan for rate revisio…
The Public Utility Commission shall require each electric and natural gas company to, at least annually, file with the commission, and make publicly available, a report on any rate adjustments that the electric or natural gas company expects within the next 12 months. A report under this section must: Identify all rate adjustment requests that an electric …
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 change…
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 t…
As used in this section, “electric company” has the meaning given that term in ORS 757.600. 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: The increase results from a transition to an electric company’s generally applicable cost-ba…
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, differential en…
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 …
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, w…
The Public Utility Commission may authorize a public utility, upon application of the utility, to file and place into effect a tariff schedule establishing rates or charges for the cost of energy resource measures provided to an individual property owner or customer pursuant to an agreement entered into between the individual property owner or customer and t…
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. The commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other co…
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…
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: May reflect: Amounts lawfully imposed retroactively by order of another governmental agency; or Amounts deferred under subsection (2) of this section…
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. 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 a…
Each public utility that makes sales of electricity shall forecast on an annual basis the projected state and federal production tax credits received by the public utility due to variable renewable electricity production, and the Public Utility Commission shall allow those forecasts to be included in rates through any variable power cost forecasting process …
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. Note: 757.266 was enacted into law by the …
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, am…
As used in ORS 757.270 to 757.290, unless the context requires otherwise: “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 auxilia…
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. A licensee shall report all pole at…
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. Notwithstanding subsection (1) of this section, the public utility, telecommunications utility or consumer-owned utility may approve or reject t…
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 a…
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.
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 unreas…
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 utilit…
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 publi…
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.
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. LARGE ENERGY USE FACILITIES
As used in this section and ORS 757.295: “Costs of serving” includes, as applicable, the costs incurred by an electric company in providing transmission, distribution, energy, capacity or ancillary electricity services, and any related costs or associated risks with serving a class of retail electricity consumers or a retail electricity consumer. “Electric…
The Public Utility Commission shall require an electric company that is providing electricity service to a retail electricity consumer that is a large energy use facility to enter into a contract with the retail electricity consumer that covers the provision of the electricity service, including, as applicable, transmission, distribution, energy, capacity or…
As used in this section: “Customer-generator” means a user of a net metering facility. “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. “Net metering” means measuring the difference between t…
As used in this section: “Community-based organization” means an organization with demonstrated efficacy that is representative of a community or specific segments of a community and serves to meet the community’s needs. “Community microgrid” means a microgrid that is located within a geographical area that a local government designates as a microgrid zone…
As used in this section: “Community microgrid” means a microgrid that is located within a geographical area that a local government, as defined in ORS 197.015, designates as a microgrid zone. “Microgrid” means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that functions as a single controllabl…
CONTRACTOR LABOR STANDARDS
As used in this section: “Apprentice” and “apprenticeable occupation” have the meanings given those terms in ORS 660.010. “Apprenticeship training program” means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010, operates, including the local joint committee’s registered standards and all other terms and …
A request for proposals submitted by an electric company, as defined in ORS 757.600, for resource procurement that is subject to competitive bidding requirements adopted by the Public Utility Commission by rule and that may result in the procurement of a covered project must: Include a reference to and information regarding the requirements in ORS 757.306; …
A public utility may not charge a customer a rate or an amount for a service that is different from the rate or amount prescribed in the schedules or tariffs for the public utility. A public utility may not charge a customer a rate or an amount for a service that is different from the rate or amount the public utility charges any other customer for a like a…
ORS 757.310 does not prevent any public utility from giving free service, or reduced rates therefor, to: Its officers, directors, employees and members of their families; Former employees of such public utilities or members of their families where such former employees have become disabled in the service of such public utility or are unable from physical d…
No public utility shall demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the public utility in consideration of the furnishing by such person of any part of the facilities incident thereto. This section does not prohibit any public utility from renting any customer’s facilities incident to pr…
No public utility shall make or give undue or unreasonable preference or advantage to any particular person or locality, or shall subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect. Any public utility violating this section is guilty of unjust discrimination.
No person shall knowingly solicit, accept or receive any rebate, concession or discrimination in respect to any service whereby any such service shall, by any device, be rendered free or at a lesser rate than that named in the published schedules and tariffs in force, or whereby any service or advantage is received other than authorized in this chapter.
Except as provided in subsection (2) of this section, a public utility may not, directly or indirectly, by any device, charge, demand, collect or receive from any customer rates that include the costs of construction, building, installation or real or personal property not presently used for providing utility service to the customer. The Public Utility Comm…
As used in this section: “Electric company” has the meaning given that term in ORS 757.600. “Infrastructure measures” includes, but is not limited to, investments in, expenses related to or rebates for: Distribution system infrastructure that supports transportation electrification; Communication and control technologies that support transportation elect…
As used in this section, “natural gas utility” means a natural gas utility regulated by the Public Utility Commission under this chapter. The commission may allow a natural gas utility to recover costs from all retail natural gas customers for prudent investments in or expenses related to infrastructure measures that support the adoption and service of alte…
As used in ORS 757.360 to 757.380: “Electric company” has the meaning given that term in ORS 757.600. “Nameplate capacity” means the maximum rated output of a generator or other electric power production equipment under specific conditions designated by the manufacturer. “Qualifying system” means: An alternative energy system used for emergency backup po…
The Public Utility Commission shall establish a pilot program for each electric company to demonstrate the use and effectiveness of volumetric incentive rates and payments for electricity or for the nonenergy attributes of electricity, or both, from solar photovoltaic energy systems that are permanently installed in this state by retail electricity consumers…
Any electricity produced from a solar photovoltaic energy system that is physically located in this state may be used by an electric company to comply with the renewable portfolio standard established under ORS 469A.005 to 469A.210. For each kilowatt-hour of electricity produced from a qualifying system that first becomes operational before January 1, 2016,…
ORS 757.360 to 757.380 apply only to qualifying systems that are solar photovoltaic energy systems. Note: See note under 757.360.
Nothing in ORS 276.910 and 757.360 to 757.380 affects the authority of the Public Utility Commission to set fair and reasonable rates as authorized under ORS 756.040 (1). Note: See note under 757.360.
For purposes of this section: “Community solar project” means one or more solar photovoltaic energy systems that provide owners and subscribers the opportunity to share the costs and benefits associated with the generation of electricity by the solar photovoltaic energy systems. “Electric company” has the meaning given that term in ORS 757.600. “Owner” me…
The Legislative Assembly finds and declares that: Renewable natural gas provides benefits to natural gas utility customers and to the public; and The development of renewable natural gas resources should be encouraged to support a smooth transition to a low carbon energy economy in Oregon. The Legislative Assembly therefore declares that: Natural gas uti…
As used in ORS 757.390 to 757.398: “Biogas” means a mixture of carbon dioxide and hydrocarbons, primarily methane gas, released from the biological decomposition of organic materials. “Biomass” has the meaning given that term in ORS 315.141. “Large natural gas utility” means a natural gas utility with 200,000 or more customer accounts in Oregon. “Natural…
The Public Utility Commission shall adopt by rule a large renewable natural gas program for large natural gas utilities pursuant to the provisions of ORS 757.396. The commission shall adopt by rule a small renewable natural gas program for small natural gas utilities pursuant to ORS 757.398. Rules adopted by the commission under this section shall include:…
A large natural gas utility that participates in the large renewable natural gas program adopted by rule by the Public Utility Commission under ORS 757.394 (1) may make qualified investments and procure renewable natural gas from third parties to meet the following portfolio targets for the percentage of gas purchased by the large natural gas utility for dis…
Upon a filing by a small natural gas utility to participate in the small renewable natural gas program adopted by rule by the Public Utility Commission under ORS 757.394 (2), the commission shall establish a rate cap limiting the small natural gas utility’s costs of procuring renewable natural gas from third parties and qualified investments in renewable nat…
As used in this section, “natural gas utility” or “utility” means a public utility providing natural gas service to customers. A natural gas utility shall provide notice under subsection (3) of this section if: The utility plans to increase the amount of hydrogen that the utility blends with natural gas that the utility delivers or furnishes through the ut…
As used in ORS 757.400 to 757.463, “stocks” means stocks, stock certificates or other evidence of interest or ownership.
The power of public utilities to issue stocks and bonds, notes and other evidences of indebtedness and to create liens on their property situated within this state is a special privilege, the right of supervision, regulation, restriction and control of which is and shall continue to be vested in the state. Such power shall be exercised as provided by law and…
All stocks and bonds, notes or other evidences of indebtedness, and any security of a public utility shall be void when issued: Without an order of the Public Utility Commission authorizing the same then in effect except as provided in ORS 757.412 or 757.415 (3). With the authorization of the commission, but not conforming in its provisions to the provisio…
Subject to such terms and conditions as the Public Utility Commission may prescribe, the commission, by rule or order, may exempt the following from any or all of the provisions of ORS 757.400 to 757.480, if the commission finds that application of the law is not required by the public interest: Any stocks and bonds, notes or other evidences of indebtedness…
Except as otherwise permitted by subsection (4) of this section, a public utility may issue stocks and bonds, notes and other evidences of indebtedness, certificates of beneficial interests in a trust and securities for the following purposes and no others: The acquisition of property, or the construction, completion, extension or improvement of its facilit…
ORS 757.415 does not apply to the issuance, renewal or assumption of liability on any evidence of indebtedness when such issuance, renewal or assumption is for the purpose of acquiring specific real or personal property, if the aggregate principal amount thereof, together with all other then outstanding evidences of indebtedness issued, renewed or assumed un…
ORS 757.480 does not apply to any mortgage or other encumbrance upon any real or personal property given to secure payment of any evidence of indebtedness issued under ORS 757.415.
To enable the Public Utility Commission to determine whether the commission will issue an order under ORS 757.415, the commission may hold a hearing and may make such additional inquiry or investigation, examine such witnesses, books, papers, documents and contracts and require the filing of such data as the commission deems necessary. The application for su…
No provision of ORS 757.405 to 757.450 or ORS 757.457, 757.459, 757.461 and 757.463, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the State of Oregon or any agency of state government, as defined in ORS 174.111, to pay or guarantee, in any manner whatsoever, any stock or bond, note or other evi…
The Public Utility Commission may by order grant permission for the issue of stocks or bonds, notes or other evidences of indebtedness in the amount applied for, or in a lesser amount, or not at all, and may attach to the exercise of the permission such condition or conditions as the commission deems reasonable and necessary.
No public utility shall, without the consent of the Public Utility Commission, apply the issue of any stock or bond, note or other evidence of indebtedness, or any part or proceeds thereof, to any purpose not specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount authorized for such purpose, or issu…
No public utility shall assume any obligation or liability as guarantor, indorser, surety or otherwise in respect to the securities of any other person, firm or corporation, when such securities are payable at periods of more than 12 months after the date thereof, without first having secured from the Public Utility Commission an order authorizing it so to d…
A public utility may not, directly or indirectly, issue or cause to be issued any stock or bond, note or other evidence of indebtedness, in nonconformity with the order of the Public Utility Commission authorizing the same or contrary to the provisions of ORS 757.400 to 757.463, or of the Constitution of this state, or apply the proceeds from the sale thereo…
A person may not: Knowingly authorize, direct, aid in, issue or execute, or cause to be issued or executed, any stock or bond, note or other evidence of indebtedness, in nonconformity with the order of the Public Utility Commission authorizing the same, or contrary to the provisions of ORS 757.400 to 757.463 or of the Constitution of this state. In any pro…
(Financing of Rate Recovery Expenditures by Public Utilities)
As used in this section and ORS 757.459, 757.461 and 757.463: “Assignee” means a person, and any subsequent assignee, to which a public utility assigns, sells or transfers all or part of the public utility’s interest in or right to rate recovery assets, except as security. “Bond” includes bonds, notes, certificates of beneficial interests in a trust or oth…
It is the policy of the State of Oregon to encourage the financing of certain costs and expenses by public utilities at the lowest, reasonable and prudent cost to public utility customers, including, but not limited to, rate recovery expenditures. To carry out the policy described in subsection (1) of this section, the State of Oregon and all public bodies,…
A public utility may apply to the Public Utility Commission for a financing order designating all or part of rate recovery expenditures as bondable rate recovery expenditures, for the purpose of financing or refinancing the designated expenditures under ORS 757.415 (1)(f). After notice and an opportunity for a hearing, the commission may approve an applicat…
A public utility, finance subsidiary or assignee may grant a security interest in rate recovery assets as collateral for rate recovery bonds. A security interest in rate recovery assets is valid and enforceable against the debtor and third parties, subject only to the rights of any third parties holding security interests in the rate recovery assets attached…
A rate recovery bond, as described under ORS 757.457, 757.459, 757.461 and 757.463, that is exempt under ORS 59.025 from ORS 59.049 and 59.055 is not a security for purposes of ORS 59.115, 59.135 or 59.137. Note: 757.465 and 757.467 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 757 or any series therei…
If any provision of ORS 757.457, 757.459, 757.461 and 757.463 or the amendments to ORS 59.025, 757.415, 757.425, 757.445 and 757.450 by sections 8 to 12, chapter 529, Oregon Laws 2023, is determined to be invalid, or is invalidated, superseded, replaced, repealed or expired, such determination or occurrence does not affect the validity of any action allowed …
A public utility doing business in Oregon shall not, without first obtaining the Public Utility Commission’s approval of such transaction: Except as provided in subsection (6) of this section, sell, lease, assign or otherwise dispose of the whole of the property of the public utility necessary or useful in the performance of the public utility’s duties to t…
As used in this section, “affordable housing” means affordable housing as defined in ORS 197A.445 or publicly supported housing as defined in ORS 456.766. To facilitate the development of affordable housing in this state, the Public Utility Commission may allow a public utility to sell, or to convey at below market price or as a gift, the public utility’s i…
For purposes of this section: “Electric company” has the meaning given that term in ORS 757.600. “Electric utility” has the meaning given that term in ORS 757.600. “Retail electricity consumer” has the meaning given that term in ORS 757.600. Upon the request of an electric company, the Public Utility Commission shall establish a stranded costs obligation…
No public utility shall, directly or indirectly, purchase, acquire or become the owner of any of the stocks or bonds or property utilized for utility purposes and having a value in excess of $10,000 of any other public utility unless authorized so to do by the Public Utility Commission. Every contract by any public utility for the purchase, acquisition, ass…
When any public utility doing business in this state enters into a contract with another corporation with relation to the construction, operation, maintenance or use of the property of said public utility in Oregon, or the use of the property of the other contracting party, or any part thereof, or for service, advice, engineering, financing, rentals, leasing…
When any public utility doing business in this state enters into any contract to make any payment, directly or indirectly, to any person or corporation having an affiliated interest, for service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legal or other services, or enter any charges therefor on its books, which sh…
When any public utility is primarily engaged in another enterprise and is only indirectly engaged in the production, transmission, delivery or furnishing of heat, light, water or power to or for the public by reason of a contract or agreement, express or implied, between itself and another public utility which is directly engaged in such business, the jurisd…
The Legislative Assembly finds and declares that: The protection of customers of public utilities which provide heat, light or power is a matter of fundamental statewide concern; Existing legislation requires the Public Utility Commission’s approval of one public utility’s acquisition of another public utility’s stocks, bonds and certain property used for …
No person, directly or indirectly, shall acquire the power to exercise any substantial influence over the policies and actions of a public utility which provides heat, light or power without first securing from the Public Utility Commission, upon application, an order authorizing such acquisition if such person is, or by such acquisition would become, an aff…
Following a Public Utility Commission determination that such services are subject to competition, a natural gas utility may enter into a contract with any customer for the provision of natural gas commodity, rights to pipeline capacity and natural gas transportation services when such services are provided in advance of the point of interconnection between …
As used in this section: “Allocation of electricity” means, for the purpose of setting electricity rates, the costs and benefits associated with the resources used to provide electricity to an electric company’s retail electricity consumers that are located in this state. “Coal-fired resource” means a facility that uses coal-fired generating units, or that…
The Public Utility Commission may consider the net gain or net loss upon the sale of any coal-fired resource, as defined in ORS 757.518, for allocation to the retail electricity consumers, as defined in ORS 757.600, of an electric company that makes sales of electricity to 25,000 or more retail electricity consumers in this state. Note: See note under 757.5…
GREENHOUSE GAS EMISSIONS STANDARDS
As used in ORS 757.522 to 757.536: “Additional interest” means: The acquisition, by the holder of an interest in a generating facility located in Oregon, of a separate interest in that generating facility that is producing energy and is in service for tax purposes, commercially operable or in rates on July 1, 2010; and The renewal of an existing contract …
The greenhouse gas emissions standard that applies to electric companies and electricity service suppliers is 1,100 pounds of greenhouse gases per megawatt-hour for a generating facility. The greenhouse gas emissions standard applies only to carbon dioxide emissions. For purposes of applying the emissions standard to cogeneration facilities, the Public Uti…
No sooner than 90 days after the enactment of a federal law, state law, regulation or rule regulating the emission of greenhouse gases from generating facilities, an electric company, electricity service supplier or the customer of an electric company or electricity service supplier may petition the Public Utility Commission to study the greenhouse gas emiss…
Unless modified by rule by the State Department of Energy as provided in this section, the greenhouse gas emissions standard that applies to consumer-owned utilities is 1,100 pounds of greenhouse gases per megawatt-hour for a generating facility. Unless modified pursuant to subsection (4) of this section, the greenhouse gas emissions standard includes only …
An electric company or electricity service supplier may not enter into a long-term financial commitment unless the baseload electricity acquired under the commitment is produced by a generating facility that complies with a greenhouse gas emissions standard established under ORS 757.524. A generating facility complies with the greenhouse gas emissions stand…
A governing board of a consumer-owned utility may not enter into a long-term financial commitment unless the baseload electricity acquired under the commitment is produced by a generating facility that complies with a greenhouse gas emissions standard established under ORS 757.528. A generating facility complies with the greenhouse gas emissions standard es…
The Public Utility Commission may not acknowledge in an integrated resource plan, or allow in customer rates, the costs of a long-term financial commitment by an electric company or by an electricity service supplier unless the baseload electricity proposed to be acquired under the commitment is produced by a generating facility that complies with the greenh…
The Public Utility Commission and the State Department of Energy shall adopt rules as necessary to implement ORS 757.522 to 757.536. Note: See note under 757.522. VOLUNTARY EMISSION REDUCTION PROGRAM
As used in this section, “emission” means any anthropogenic gas, such as carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. The Public Utility Commission shall establish a voluntary emission reduction program for the purposes of incentivizing public utilities that furnish natural gas to invest in projects t…
OREGON UTILITY NOTIFICATION CENTER
As used in ORS 757.542 to 757.562 and 757.993: “Business day” means any 24-hour day other than a Saturday, Sunday or federal or state legal holiday. “Damage” means harm to or destruction of underground facilities including, but not limited to, the weakening of structural, lateral or subjacent support; the penetration, impairment or destruction of any coati…
The Oregon Utility Notification Center is created as an independent not-for-profit public corporation. The corporation shall be governed by a board of directors consisting of one member appointed to represent each of the following: Cities with a population of 25,000 or more; Cities with a population under 25,000; Counties; Natural gas utilities regulated…
It is the function of the board of directors to operate the Oregon Utility Notification Center, through which a person shall notify operators of underground facilities of proposed excavations and request that the underground facilities be marked. The board of directors shall: Utilize a competitive process to contract with any qualified person to provide th…
Every operator of underground facilities shall subscribe to the Oregon Utility Notification Center. Any person intending to excavate shall notify the Oregon Utility Notification Center at least two but not more than 10 business days before commencing an excavation. The board of directors shall, by rule, provide an exception to the requirement of advance not…
The board of directors shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering the activities and operations of the Oregon Utility Notification Center for the preceding calendar year according to the provisions of ORS 192.230 to 192.250. In carrying out the duties, functions and powers imposed by la…
DIRECT ACCESS REGULATION
As used in ORS 757.600 to 757.687, unless the context requires otherwise: “Aggregate” means combining retail electricity consumers into a buying group for the purchase of electricity and related services. “Ancillary services” means services necessary or incidental to the transmission and delivery of electricity from generating facilities to retail electric…
All retail electricity consumers of an electric company, other than residential electricity consumers, shall be allowed direct access beginning on March 1, 2002. Retail electricity consumers shall not be allowed direct access before that date. Residential electricity consumers shall be allowed to purchase electricity from among a portfolio of rate options a…
Except as provided in this section, an electric company shall provide all retail electricity consumers that are connected to the electric company’s distribution system with a regulated, cost-of-service rate option. The Public Utility Commission by order may waive the requirement in subsection (1) of this section for any retail electricity consumer other tha…
The Public Utility Commission shall ensure that direct access programs offered by electric companies meet the following conditions: The provision of direct access to some retail electricity consumers must not cause the unwarranted shifting of costs to other retail electricity consumers of the electric company. The commission may, in establishing any rates a…
The Public Utility Commission shall set a date on which all electric companies must announce prices that will be charged for electricity by the companies in the subsequent calendar year. Retail electricity consumers who are eligible for direct access must be allowed at least three business days after the date set by the commission to elect whether to use dir…
There is established an annual public purpose expenditure standard for electric companies and Oregon Community Power to fund: The above-market costs of new renewable energy resources and customer investments in distribution system-connected technologies that support reliability, resilience and the integration of renewable energy resources with the distribut…
If an electric company invests moneys collected under ORS 757.054 on new cost-effective local energy conservation, or if the nongovernmental entity described in ORS 757.746 invests moneys paid to the nongovernmental entity under ORS 757.054 on new cost-effective local energy conservation, and if the investment involves updating the energy efficiency of a res…
The Public Utility Commission and the State Department of Energy jointly shall select an independent nongovernmental entity to prepare a biennial report to the Legislative Assembly describing program spending and results for public purpose requirements undertaken pursuant to ORS 757.612. The Housing and Community Services Department shall prepare a biennial…
The Public Utility Commission shall establish the terms and conditions for providing default electricity service for nonresidential electricity consumers in an emergency. The commission also shall establish reasonable terms and conditions for providing default service to a nonresidential electricity consumer in circumstances when the consumer is receiving el…
An electric company shall permit retail electricity consumers that are eligible for direct access to voluntarily aggregate their electricity loads. A retail electricity consumer that is eligible for direct access may voluntarily aggregate its electricity load with the electricity load of any other retail electricity consumer that is eligible for direct acce…
An electric utility that sells electricity, either directly or through a related party, to a nonresidential electricity consumer of another electric utility in this state shall permit any other electricity service supplier to sell electricity to nonresidential electricity consumers of the electric utility.
Every electricity service supplier is authorized to use the distribution facilities of an electric company on a nondiscriminatory basis after the retail electricity consumers of the electricity service supplier are afforded direct access pursuant to ORS 757.601.
To the extent permissible under federal law, the Public Utility Commission shall ensure that an electric company that offers direct access: Provides electricity service suppliers and retail electricity consumers access to its transmission facilities and distribution system comparable to that provided for its own use; and Provides electricity service suppli…
Not later than March 1, 2002, an electric company shall unbundle the costs of electricity services into power generation, transmission, distribution and retail services. Every electric company shall maintain separate accounting records for each component of electricity service provided by the electric company to retail electricity consumers. Accounts shall …
The duties, functions and powers of the Public Utility Commission shall include developing policies to eliminate barriers to the development of a competitive retail market between electricity service suppliers and electric companies. The policies shall be designed to mitigate the vertical and horizontal market power of incumbent electric companies and prohib…
A person or other entity shall not act as an electricity service supplier unless the person or entity is certified by the Public Utility Commission. The commission, by rule, shall establish standards for certification of persons or other entities as electricity service suppliers in this state. The rules shall, at a minimum, address: The ability of the perso…
Upon receiving a complaint, or on its own motion, the Public Utility Commission is authorized to investigate, as provided under ORS 756.515, whether any electric company that is an electricity service supplier has exercised undue market power with respect to the sale or distribution of electricity services. The commission may take such action as authorized b…
Any claim that an electric company has failed to comply with ORS 757.600 to 757.667 shall be filed as a complaint with the Public Utility Commission pursuant to ORS 756.500. After reasonable notice to the electric company and exhausting all available remedies before the commission, any person injured by an electric company’s failure to comply with any provis…
According to the applicable provisions of ORS 756.060 and ORS chapter 183, the Public Utility Commission shall adopt such rules as are necessary to implement ORS 757.600 to 757.667. Rules adopted by the commission shall address at least the following: Requirements and methodologies for each electric company to provide unbundled rates and services pursuant t…
In adopting market valuation methodologies under ORS 757.659 (4), the Public Utility Commission may provide for use of arbitration to resolve disputes relating to valuation of electric company investments. The commission shall adopt rules for the following purposes: Establishing the process for selecting an arbitrator under this section. Establishing the …
The Public Utility Commission may require an electric company to make any filings under this chapter that the commission determines necessary to implement ORS 757.600 to 757.667.
In order to preserve the benefits of federal low-cost power for residential and small-farm consumers of electric utilities, the Public Utility Commission may require an electric company to enter into contracts with the Bonneville Power Administration for the purpose of securing such benefits. The contracts shall be subject to approval by the commission. In r…
Electric meter installation, testing and maintenance shall be performed only by a distribution utility.
Nothing in ORS 757.600 to 757.667 shall diminish, or authorize regulations that diminish, a city’s authority to control the use of its rights of way and to collect license fees, privilege taxes, rent or other charges for the use of the city’s rights of way.
The Legislative Assembly declares that it is the policy of the State of Oregon regarding consumer-owned utilities to: Preserve and enhance the ability of community-based, consumer-owned utilities to provide reliable electric power to their consumers; Recognize that communities served by consumer-owned utilities located in various parts of the State of Oreg…
Nothing in ORS 757.603 to 757.667 is intended to limit or restrict the rights and authority of a consumer-owned utility, or to subject a consumer-owned utility to the regulatory authority of the Public Utility Commission not otherwise provided by law. ORS 757.603 to 757.667 shall not apply to a consumer-owned utility. Notwithstanding subsection (1) of this …
The governing body of a consumer-owned utility is authorized to determine whether and under what terms and conditions it will offer its retail electricity consumers direct access, portfolio access or other forms of access to electric service suppliers. In making such determination, the governing body of a consumer-owned utility shall consider such factors as…
Nothing in ORS 757.669 to 757.687 is intended to impair the rights or obligations of any party to net billing agreements. Notwithstanding any other provision of ORS 757.600 to 757.667, 757.676 and 757.687, and in the event a participating utility is required to make payments pursuant to a net billing agreement, the governing body of a participating utility m…
Notwithstanding the provisions of ORS 757.600 to 757.667, a consumer-owned utility shall have exclusive distribution rights, to the extent such rights are provided by law, and exclusive responsibility for the performance and oversight of its distribution system including the acquisition, construction, financing, operation and maintenance of distribution faci…
Beginning on the date a consumer-owned utility provides direct access to any class of retail electric consumers, the consumer-owned utility shall collect from that consumer class a nonbypassable public purpose charge until January 1, 2026. Except as provided in subsection (8) of this section, the amount of the public purpose charge shall be sufficient to pro…
Nothing in ORS 757.669 to 757.687 is intended to affect administration and enforcement of ORS 758.400 to 758.475 or to diminish or enlarge the rights of any person under ORS 758.400 to 758.475. ELECTRICITY BILL MITIGATION AND ASSISTANCE
In addition to comprehensive classifications, tariff schedules, rates and bill credits, the Public Utility Commission may address the mitigation of energy burdens through bill reduction measures or programs that may include, but need not be limited to, demand response or weatherization. The costs of tariff schedules, rates, bill credits or program discounts…
An electric company, as defined in ORS 757.600, or Oregon Community Power shall collect funds for low-income electric bill payment and crisis assistance in an amount determined by the Public Utility Commission. The commission shall: Establish the amount to be collected and rates to be charged by each electric company from its customers, including customers …
Any person, as defined in ORS 758.400, engaged in the sale or resale of electricity or natural or synthetic gas in this state shall present for approval by the Public Utility Commission a plan for curtailment of electrical or gas load in the event of any predictable circumstance that may jeopardize prolonged continuity of service. Utility plans shall be subm…
Approval of utility plans for the curtailment of load shall be based on the following factors: The consistency of the plan with the public health, safety and welfare; The technical feasibility of implementation of the plan; The effectiveness with which the plan minimizes the impact of any curtailment; and Consistency with Oregon energy policies formulate…
A utility shall not be liable for damages to persons or property resulting from a curtailment of service in accordance with a plan approved by the Public Utility Commission. KLAMATH RIVER DAMS
As used in ORS 757.732 to 757.744: “Agreement in principle” means the agreement signed November 13, 2008, by the states of Oregon and California, by the United States Department of the Interior and by PacifiCorp. “Allocated share” means the portion of PacifiCorp’s costs assigned to this state under the interjurisdictional cost allocation methodology used b…
Not more than six months after the execution of a final agreement, the Public Utility Commission shall determine a depreciation schedule under ORS 757.140 for each Klamath River dam based on the assumption that the dam will be removed in 2020. The commission may change a depreciation schedule determined under this section at any time if removal of a dam will…
Not more than 30 days after the execution of a final agreement, PacifiCorp must file a copy of the final agreement with the Public Utility Commission along with full and complete copies of all analyses or studies that relate to the rate-related costs, benefits and risks for customers of removing or relicensing Klamath River dams and that were reviewed by Pac…
The Public Utility Commission shall establish a separate trust account for amounts generated by each of the two surcharges imposed under ORS 757.736. The commission shall establish the trust accounts as interest-bearing accounts: With an agency of the United States identified in the final agreement; In a qualified depository under ORS 295.001 to 295.108; o…
Pursuant to ORS 757.210, the Public Utility Commission shall allow PacifiCorp to include in its rates and tariffs this state’s allocated share of any costs that are prudently incurred by PacifiCorp from changes in operation of Klamath River dams before removal of the dams, or that are prudently incurred for replacement power after the dams are removed, that …
The State of Oregon may enter into an agreement with representatives of the State of California, either as part of a final agreement or by separate agreement, that establishes each state’s share of the customer contribution of $200 million identified in the agreement in principle. The Public Utility Commission may enter into an agreement with representative…
ORS 757.732 to 757.744 do not authorize the expenditure of any public moneys for removal of Klamath River dams. ORS 757.732 to 757.744 do not create a cause of action against the State of Oregon or against any of the officers, employees or agents of the state and may not be used as the basis for an assertion of liability on the part of the State of Oregon o…
If the Public Utility Commission requires funds collected pursuant to ORS 757.054, through natural gas tariffs or through public purpose charges pursuant to ORS 757.612 to be paid to a nongovernmental entity, the entity shall: Include on the entity’s board of directors an ex officio member designated by the commission, who shall also serve on the entity’s n…
As used in this section, “environmental justice” means the equal treatment, protection from environmental and health hazards, and meaningful involvement of environmental justice communities in the development, implementation and enforcement of regulations and policies that affect the environment in which people live, work, learn, practice spirituality and pl…
The Legislative Assembly finds that the termination of residential electric and natural gas utility service can lead to the serious impairment of human health and possibly to loss of life; therefore, the Legislative Assembly has enacted ORS 757.750 to 757.760.
The Public Utility Commission of Oregon shall establish rules to prohibit the termination of residential electric or natural gas service when such termination would significantly endanger the physical health of the residential consumer. The commission shall provide by rule a method for determining when the termination of residential electric or natural gas …
The Public Utility Commission shall establish rules to require each electric and natural gas utility to: Give written or personal notice of a proposed termination of residential service in a manner reasonably calculated to reach the residential consumer within a reasonable period of time before the proposed date of termination; Accept reasonable partial pa…
As used in this section: “Outdoor lighting fixture” means an automatically controlled searchlight, spotlight, floodlight or other device used for architectural lighting, lighting streets or parking lots, landscape lighting, billboards or other artificial illumination or advertising purposes. “Public utility” has the meaning given that term in ORS 757.005. …
A public utility that is subject to ORS 757.765 shall file an initial rate and charge application as required by ORS 757.765 (2) on or before January 1, 2010. A utility that is subject to ORS 757.765 shall give a customer notice of the shielded outdoor lighting fixture option on or before the later of the date the utility first begins providing outdoor ligh…
As used in this section and ORS 757.805, unless the context requires otherwise: “Authorized person” means: An employee of a utility which produces, transmits or delivers electricity. An employee of a utility which provides and whose work relates to communication services or state, county or municipal agencies which have authorized circuit construction on …
Any person or business entity responsible for performing any function, activity, work or operation in proximity to a high voltage overhead line shall guard effectively against accidents involving such high voltage overhead line, as required by rules adopted pursuant to ORS chapter 654. If any violation of subsection (1) of this section or rules adopted purs…
As used in this section: “Advanced reconductoring” means reconductoring with a conductor that has a direct current electrical resistance at least 10 percent lower than existing conductors of a similar diameter while simultaneously increasing the energy carrying capacity by at least 75 percent and includes carbon fiber or composite core conductors and superc…
STATE POLICY POSITION ON REGIONAL TRANSMISSION PLANNING PROCESS
The Legislative Assembly finds and declares that, consistent with the transmission planning requirements provided for by the Federal Energy Regulatory Commission, it shall be the policy position of the State of Oregon that any regional transmission planning processes conducted for the transmission planning regions that wholly or partly encompass any areas of…
As used in ORS 757.812 to 757.950: “Board” means the board of directors of Oregon Community Power. “Incumbent utility” means an investor-owned utility that is the subject of a transaction described in ORS 757.814. “Investor-owned utility” means a utility that sells electricity and that is operated by a corporation with shareholders. “Rate” has the meanin…
Except as provided in subsection (9) of this section, the Public Utility Commission shall give notice to the cities and counties specified in paragraph (b) of this subsection whenever the commission receives notice of a proposed transaction under ORS 757.511 (2): Relating to an investor-owned utility for which approval of the Public Utility Commission is re…
(Oregon Community Power Created)
Oregon Community Power is created as a public corporation. Oregon Community Power shall exercise and carry out all powers, rights and privileges that are conferred upon Oregon Community Power under ORS 757.812 to 757.950. Oregon Community Power is created as a public corporation in order to carry out public services in sectors of the economy in which activi…
Except as provided in subsection (2) of this section, the provisions of ORS chapters 35, other than ORS 35.550 to 35.575, 180, 190, 192 and 244 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to 200.090, 221.450, 236.605 to 236.640, 243.650 to 243.809, other than 243.696, 297.040, 307.090 and 307.112 apply to Oregon Community Power under the same terms…
Solely for purposes of determining the authority of the Public Utility Commission to regulate Oregon Community Power and the activities and operations of Oregon Community Power, Oregon Community Power shall be considered a consumer-owned utility, as defined in ORS 757.270, and the commission shall regulate Oregon Community Power as a consumer-owned utility. …
(Board of Directors)
There is established the Oregon Community Power Board Nominating Committee. The purpose of the nominating committee is to assist the Governor in appointing members to the board of directors of Oregon Community Power under ORS 757.834. The nominating committee shall consist of five members, as follows: One member shall be a delegate from the Citizens’ Utili…
Oregon Community Power shall be governed by a board of seven directors appointed by the Governor using the procedure set forth in this section. Prior to making any appointment to the board, the Governor shall consider the nominations of the Oregon Community Power Board Nominating Committee. If the Governor reviews an initial slate of nominees made by the n…
The board of directors of Oregon Community Power shall meet at least once each month to conduct the business of the board. A majority of board members shall constitute a quorum. The board shall select one of its members as chairperson. The board shall adopt bylaws establishing rules of procedure for board meetings and decisions. A member of the board sha…
(Acquisition of Incumbent Utility)
As soon as practicable after being appointed, the board of directors of Oregon Community Power shall implement the agreement entered into by an acquisition review committee under ORS 757.814 (4)(b). Notwithstanding ORS 757.890 (1), Oregon Community Power may not use the power of eminent domain to accomplish all or a part of an acquisition described in subse…
Following a request by an acquisition review committee under ORS 757.862, the Public Utility Commission shall transfer from the Public Utility Commission Account to the Oregon Community Power Utility Acquisition Fund established under ORS 757.857 all amounts necessary to fund any preliminary activities needed to determine: The appropriateness or desirabilit…
The Oregon Community Power Utility Acquisition Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Community Power Utility Acquisition Fund shall be credited to the Oregon Community Power Utility Acquisition Fund. Moneys in the Oregon Community Power Utility Acquisition Fund are continuously …
An acquisition review committee created under ORS 757.814 may request that the Public Utility Commission transfer moneys appropriated under ORS 757.857 in order to fund any preliminary activities the committee undertakes to determine: The appropriateness or desirability of an acquisition described in ORS 757.812 to 757.950; The requirements and terms of th…
If Oregon Community Power acquires an incumbent utility under ORS 757.812 to 757.950, all electric utility operations undertaken by Oregon Community Power after the acquisition shall be conducted under the name of Oregon Community Power. Note: See note under 757.812.
If Oregon Community Power acquires an incumbent utility under ORS 757.812 to 757.950, unless otherwise required by the Oregon Constitution, Oregon Community Power shall constitute the successor in interest to the incumbent utility as of the date of the acquisition for all purposes, including but not limited to: Allocation of territory and contracts allocati…
Any equity of the incumbent utility, any electric utility assets of the incumbent utility or any combination of equity and assets of the incumbent utility that Oregon Community Power acquires under ORS 757.812 to 757.950 shall be held in trust by Oregon Community Power, acting as a trustee, for the exclusive purpose of carrying out the powers, rights and pri…
The principal duties of the board of directors of Oregon Community Power are to: Establish policy and develop consistent positions on core utility issues that promote and implement the primary mission of Oregon Community Power under ORS 757.818; Oversee the investments and operations of Oregon Community Power; Take all actions to ensure that revenues and …
Oregon Community Power shall make payments in lieu of property taxes on all property that would otherwise be subject to assessment under ORS 308.505 to 308.674 if owned by a taxable owner. Oregon Community Power shall pay to each county in which property of Oregon Community Power is located an amount equal to the ad valorem property taxes that would have bee…
The board of directors of Oregon Community Power shall establish the policies of Oregon Community Power to be used in the exercise of the powers enumerated for Oregon Community Power or the board, and may thereafter modify those policies. The board may delegate the exercise of powers enumerated for Oregon Community Power to a president, chief executive offic…
Oregon Community Power may exercise the power of eminent domain for the purpose of acquiring any property, within or outside the service territory of Oregon Community Power, necessary for carrying out the electric utility operations of Oregon Community Power. Oregon Community Power may use the power of eminent domain to acquire an incumbent utility pursuant …
The board of directors of Oregon Community Power shall establish rates for the provision of electricity within the service territory of Oregon Community Power using the procedure set forth under ORS 757.897. The board shall establish a rate structure under which rates that apply to a specific class of customers are designed to recover the costs of providing…
Whenever the board of directors of Oregon Community Power determines to seek a modification in any rate imposed by the board for electricity service, the board shall give notice of a ratemaking hearing, at least 30 days in advance, as follows: In newspapers of general circulation that are published in the service territory; As a separate insert accompanyin…
Whenever the Citizens’ Utility Board of Governors determines that an Oregon Community Power proceeding may affect the interests of utility consumers, the Citizens’ Utility Board may intervene as of right as an interested party or otherwise participate in the proceeding. The Citizens’ Utility Board shall have standing to obtain judicial or administrative rev…
The board of directors of Oregon Community Power shall cause an independent audit to be performed at least annually. The audit shall review and report on the financial affairs of Oregon Community Power and on any other aspects of Oregon Community Power as the board may direct. Note: See note under 757.812. (Bylaws)
The board of directors of Oregon Community Power may adopt bylaws necessary to administer ORS 757.812 to 757.950, including but not limited to: Bylaws establishing the information the board must make available to the public prior to conducting a ratemaking hearing. Bylaws establishing procedures for conducting a ratemaking hearing that provide for substant…
The Legislative Assembly declares that it is the policy of the State of Oregon to: Ensure that the formation and operation of Oregon Community Power does not directly or indirectly diminish the amount of federal electric power available for purchase by consumer-owned utilities to serve their retail electricity consumers; Ensure that the formation and opera…
As used in ORS 757.915 to 757.930: “Ancillary services” has the meaning given that term in ORS 757.600. “Direct access” means the ability of a retail electricity consumer to purchase electricity and ancillary services, as determined by the board of directors of Oregon Community Power, directly from an entity other than Oregon Community Power. “Economic ut…
Oregon Community Power shall allow nonresidential electricity consumers direct access. Unless the board of directors of Oregon Community Power determines otherwise, Oregon Community Power shall provide all retail electricity consumers of Oregon Community Power with a regulated, cost-of-service rate option. Oregon Community Power shall supply default electr…
Every electricity service supplier is authorized to use the distribution facilities of Oregon Community Power on a nondiscriminatory basis. Oregon Community Power shall provide: Electricity service suppliers and retail electricity consumers access to the Oregon Community Power transmission facilities and distribution system that is comparable to that provi…
Each retail electricity consumer of Oregon Community Power shall receive a transition credit or pay a transition charge as determined under this section. The total of all transition credits or transition charges shall equal the net value of all economic utility investments and all uneconomic utility investments of Oregon Community Power. The board of direc…
The board of directors of Oregon Community Power shall determine whether and under what conditions Oregon Community Power will offer retail electricity consumers portfolio access to electricity service suppliers. The board shall have sole authority to determine: The quality and nature of electricity services, including but not limited to different product a…
Notwithstanding any other provision of law, a consumer-owned utility has exclusive distribution rights, to the extent the distribution rights are provided by law other than ORS 757.812 to 757.950, and exclusive responsibility for the performance and oversight of: The utility’s distribution system, including the acquisition, construction, financing, operatio…
As used in ORS 757.935 to 757.945: “Credit enhancement agreement” means any agreement or contractual relationship between Oregon Community Power and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing additional credit on or security for a financing agreement or certificates of participat…
Oregon Community Power may enter into financing agreements in accordance with ORS 757.935 to 757.945 upon such terms as the board of directors of Oregon Community Power determines to be necessary or desirable. Amounts payable by Oregon Community Power under a financing agreement shall be limited to funds specifically pledged, budgeted for or otherwise made a…
The board of directors of Oregon Community Power may delegate to any board member, or to the chief executive officer, president, general manager or chief financial officer of Oregon Community Power, the authority to determine maturity dates, principal amounts, redemption provisions, interest rates or methods for determining variable or adjustable interest ra…
Oregon Community Power may: Enter into agreements with third parties to hold financing agreement proceeds, payments and reserves as security for lenders, and to issue certificates of participation in the right to receive payments due from Oregon Community Power under a financing agreement. Amounts so held shall be invested at the direction of the board of d…
Oregon Community Power may consult with and obtain advice from the State Treasurer on proposed or executed financing agreements. The State Treasurer may recover from Oregon Community Power any costs incurred by the State Treasurer in providing consultation and advice. Note: See note under 757.812. (Revenue Bonds)
Oregon Community Power may issue and sell revenue bonds as provided in ORS chapter 287A. However, ORS 287A.150 does not apply to revenue bonds issued by Oregon Community Power. Revenue bonds issued by Oregon Community Power are not a general obligation of Oregon Community Power and may not be a charge upon any revenues or property of Oregon Community Power t…
ORS 757.812 to 757.950 do not diminish, or authorize the adoption of rules that diminish, the authority of a city to control the use of the city’s rights of way or to collect license fees, privilege taxes, rent or other charges for the use of the rights of way of the city. Note: See note under 757.812. WILDFIRE PROTECTION AND MITIGATION
The Public Utility Commission shall periodically convene workshops for the purpose of helping public utilities that provide electricity, municipal electric utilities, people’s utility districts organized under ORS chapter 261 that sell electricity, electric cooperatives organized under ORS chapter 62 and operators of electrical transmission and distribution …
A public utility that provides electricity must have and operate in compliance with a risk-based wildfire protection plan that is filed with the Public Utility Commission and has been evaluated by the commission. The plan must be based on reasonable and prudent practices identified through workshops conducted by the commission pursuant to ORS 757.960 and on …
As used in this section, “consumer-owned utility” and “governing body” have the meanings given those terms in ORS 757.600. A consumer-owned utility must have and operate in compliance with a risk-based wildfire mitigation plan approved by the governing body of the utility. The plan must be designed to protect public safety, reduce risk to utility customers …
As used in this section, “electric utility” has the meaning given that term in ORS 757.600. ORS 757.963 and 757.966 do not affect the terms or conditions of an easement held by an electric utility over private land as of July 19, 2021. Note: 757.968 and 757.969 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS ch…
ORS 757.963 and 757.995 do not apply to municipally owned utilities organized under ORS chapter 225. Note: See note under 757.968.
The Public Utility Commission shall annually report on actions taken to reduce the risk of wildfire from utility infrastructure to a committee or interim committee of the Legislative Assembly related to wildfire, in the manner provided in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council. The report shall inc…
Any person or municipality, or their agents, lessees, trustees or receivers, who omits, fails or refuses to do any act required by ORS 757.035, or fails to comply with any orders, rules or regulations of the Public Utility Commission made in pursuance of ORS 757.035, shall forfeit and pay into the State Treasury a sum of not less than $100, nor more than $10…
Any person or municipality, or any agent, lessee, trustee or receiver of the person or municipality, engaged in the management, operation, ownership or control of facilities for the transmission or distribution of gas by pipeline, or of facilities for the storage or treatment of gas to be transmitted or distributed by pipeline, that fails to comply with ORS …
Except as provided in subsection (2) of this section and in addition to all other penalties provided by law, every person who violates or who procures, aids or abets in the violation of any rule of the Oregon Utility Notification Center shall incur a penalty of not more than $1,000 for the first violation and not more than $5,000 for each subsequent violatio…
In addition to all other penalties provided by law, a person who violates any statute, rule or order of the Public Utility Commission related to water utilities is subject to a civil penalty of not more than $500 for each violation. The commission may require that penalties imposed under this section be used for the benefit of the customers of water utilitie…
In addition to all other penalties provided by law, violation of ORS 757.963 or a rule adopted pursuant to ORS 757.963 is subject to a civil penalty not to exceed $10,000. Notwithstanding ORS 183.315 (6), 183.745 (7)(d) and 756.500 to 756.610, civil penalties under this section must be imposed by the Public Utility Commission as provided in ORS 183.745. Ci…