Oregon Law
Law as of Jan 1, 2024
Chapter contents
757.005Definition of public utility 757.006People’s utility districts and electric cooperatives excluded from term “public utility.” 757.007Contract and rate schedule filing for certain furnishers of heat exempt from regulation; procedure 757.009Procedure for reregulation of furnishers of heat 757.010[Repealed by 1971 c.655 §250] 757.015“Affiliated interest” defined for ORS 757.105 (1) and 757.495 757.020Duty of utilities to furnish adequate and safe service at reasonable rates 757.025[Amended by 1971 c.655 §14; renumbered 756.062] 757.030[Repealed by 1971 c.655 §250] 757.035Adoption of safety rules and regulations; enforcement 757.039Regulation of hazardous substance distribution and storage operations; cooperation with federal agencies; disclosure of reports and information 757.040[Amended by 1971 c.655 §101; renumbered 758.035] 757.045[Amended by 1967 c.394 §1; repealed by 1971 c.781 §1] 757.050Authority of commission to order extension of service to unserved areas 757.053Alternative means for meeting energy conservation requirements 757.054Cost-effective energy efficiency resources and demand response resources; legislative findings; planning and pursuit by electric company required; consumer credit; rules 757.055[Repealed by 1971 c.655 §250] 757.056Information on energy conservation to be furnished by certain utilities; rules 757.060[Amended by 1955 c.145 §1; repealed by 1961 c.691 §20] 757.061Regulation of water utilities; rules 757.063Regulation of associations furnishing water upon petition 757.065[Renumbered 756.370] 757.068Use of fees to make emergency repairs to water service plants 757.069Notice of delinquency on water bill 757.070[Renumbered 756.375] 757.072Agreements for financial assistance to organizations representing customer interests; rules 757.075[Repealed by 1971 c.655 §250] 757.077Incorrect billings; collections; refunds 757.080[1953 c.356 §1; 1961 c.354 §1; 1971 c.655 §30a; renumbered 756.380] 757.085[1953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] 757.105Filing of budget; rules; review by commission; pensions as operating expenses 757.107Supplemental budgets and orders 757.110Effect of budget orders 757.115[Amended by 1971 c.655 §20; renumbered 756.105] 757.120Accounts required 757.125Duty of utility to keep records and accounts; duty of commission to furnish blanks 757.130[Repealed by 1971 c.655 §250] 757.135Closing accounts and filing balance sheet; rules; auditing accounts 757.140Depreciation accounts; use of certain undepreciated investment in rates 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] 757.205Filing schedules with commission; data filed with schedules 757.210Hearing to establish new schedules; alternative regulation plan 757.212Resource rate plans; customers who may elect to be exempt; order approving plan; effect of approving plan; rules 757.215Commission authorized to suspend new rates or order interim rates during hearings; revenues collected under unapproved rates to be refunded; order after hearing 757.220Notice of schedule changes required; exception for alternative regulation 757.225Utilities required to collect for their services in accordance with schedules 757.227Rate mitigation for certain electric company rate increases 757.230Control of commission over classification of services and forms of schedules; rules 757.235[Amended by 1953 c.285 §2; repealed by 1981 c.715 §3] 757.240Filing schedules in business office 757.245Establishment of joint rates 757.247Tariff schedules for energy resource measures; rules 757.250Standards and appliances for measuring service; rules 757.255Testing of measuring appliances; rules; fees 757.259Amounts includable in rate schedule; deferral; limit in effect on rates by amortization; rules 757.260[Amended by 1971 c.655 §18; renumbered 756.075] 757.262Rates to encourage acquisition of cost-effective conservation resources; rules 757.264Annual forecast of certain projected production tax credits required; inclusion in rates 757.265[Repealed by 1971 c.655 §250] 757.266Rates may encourage tree planting programs as offset to carbon dioxide emissions 757.267[2005 c.845 §2; repealed by 2011 c.137 §5] 757.268[2005 c.845 §3; repealed by 2011 c.137 §5] 757.269Setting of rates based upon income taxes paid by utility; limitation on use of tax information; rules 757.270Definitions for ORS 757.270 to 757.290 757.271Authorization from pole owner required for attachment 757.272Pole owner may approve or reject attachment 757.273Attachments to public utility and telecommunications utility facilities regulated 757.276Attachments by licensees to consumer-owned utility facilities regulated 757.279Fixing rates or charges by commission; cost of hearing 757.282Criteria for just and reasonable rate for attachments; rate reduction 757.285Presumption of reasonableness of rates set by private agreement 757.287Application to electrical utility attachments 757.290Regulatory procedures 757.300Net metering facility allowed to connect to public utility; conditions for connecting and measuring energy; rules; application to out-of-state utilities 757.305[Amended by 1971 c.655 §77; repealed by 1979 c.190 §431] 757.306Contractor labor standards for covered projects; attestation or declaration; project labor agreement 757.308Requirements related to request for proposals that may result in procurement of covered project 757.310Prohibition related to charges for service 757.315When free service or reduced rates allowed 757.320Reducing rates for persons furnishing part of necessary facilities 757.325Undue preferences and prejudices 757.330Soliciting or accepting special privileges from utilities 757.335[Amended by 1971 c.655 §25; renumbered 756.185] 757.340[Amended by 1971 c.655 §22; renumbered 756.125] 757.345[Repealed by 1971 c.655 §250] 757.350[Repealed by 1971 c.655 §250] 757.355Costs of property not presently providing utility service excluded from rate base; exception 757.357Legislative findings; programs to accelerate transportation electrification; tariff schedules and rates; long-term stranded costs 757.359Infrastructure for vehicles powered by renewable natural gas or hydrogen 757.360Definitions for ORS 757.360 to 757.380 757.365Pilot program for small solar energy systems; rules; limits to program; report to Legislative Assembly 757.370[2009 c.748 §3; 2010 c.79 §2; repealed by 2016 c.28 §23] 757.375Credit toward compliance with renewable portfolio standard; limits 757.380Applicability of ORS 757.360 to 757.380 757.385Allowance of fair and reasonable rates 757.386Program for procurement of electricity from community solar projects; rules 757.390Legislative findings and declarations 757.392Definitions 757.394Renewable natural gas programs; rules; requirements 757.396Participating large natural gas utilities; portfolio targets; ratemaking mechanisms; qualified investments 757.398Small natural gas utilities; filing to participate; rate cap; cost recovery; qualified investments 757.400“Stocks” defined for ORS 757.400 to 757.463 757.405Power to regulate issuance of utility securities 757.410When issuance of securities is void 757.412Exemption from securities regulation 757.415Purposes for which securities and notes may be issued; order required 757.417Limitation on application of ORS 757.415 757.419Limitation on application of ORS 757.480 757.420Hearings and supplemental orders relating to issuance of securities; joint approval of issuance by interstate utility 757.425State not obligated following approval of issuance 757.430Conditional approval of issuance authorized 757.435Disposal of proceeds from issuance of securities; rules 757.440Approval required before utility may guarantee another’s indebtedness 757.445Wrongful issues or use of proceeds by utility 757.450Wrongful acts relating to issuance of securities 757.455[1995 c.539 §3; repealed by 2023 c.529 §2 (757.459 and 757.461 enacted in lieu of 757.455)] 757.457Definitions for ORS 757.457, 757.459, 757.461 and 757.463 757.459State policy to encourage financing of certain costs and expenses by public utilities; pledge and agreement related to rate recovery assets, bonds and charges 757.460[1995 c.539 §2; repealed by 2023 c.529 §5 (757.463 enacted in lieu of 757.460)] 757.461Financing of rate recovery expenditures through rate recovery bonds; application and hearing process; financing order; collection of rate recovery charges 757.463Security interest as collateral in rate recovery assets; requirements for attachment and perfection; transfers; enforcement rights and remedies 757.465Rate recovery bond not security for certain purposes 757.467Validity of actions taken in good faith pursuant to financing order 757.480Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility; exceptions 757.482Approval to sell or convey real property below market price for development of affordable housing 757.483Condemnation or acquisition of service territory or property of electric company by electric utility; stranded costs obligation 757.485Purchase of property or stocks of one utility by another 757.490Approval needed for certain contracts 757.495Contracts involving utilities and persons with affiliated interests 757.500Contracts between certain public utilities 757.505[Repealed by 1971 c.655 §250] 757.506Findings and policy regarding exercise of influence over utility by person not engaged in utility business 757.510[Repealed by 1971 c.655 §250] 757.511Application for authority to exercise influence over utility; contents of application; issuance of order; dissemination of information about acquisition 757.515[Amended by 1971 c.655 §39; renumbered 756.515] 757.516Contracts between natural gas utilities and customers for commodity and services; determination by commission of reasonableness of contract and utility activities 757.518Elimination of coal-fired resources from allocations of electricity; depreciation; exception; useful life of coal-fired resources; rates 757.519Consideration of net gain or net loss upon sale of coal-fired resource for allocation to certain retail electricity consumers 757.520[Repealed by 1971 c.655 §250] 757.522Definitions for ORS 757.522 to 757.536 757.524Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers 757.525[Repealed by 1971 c.655 §250] 757.526Petition by electric companies and electricity service suppliers to study greenhouse gas emissions standard; report to Legislative Assembly 757.528Greenhouse gas emissions standard applicable to consumer-owned utilities; modification; rules 757.530[Repealed by 1971 c.655 §250] 757.531Emissions standard-based restrictions on long-term financial commitments by electric companies or electricity service suppliers; rules 757.533Emissions standard-based restrictions on long-term financial commitments by consumer-owned utilities; rules 757.535[Repealed by 1971 c.655 §250] 757.536Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard; rules 757.538Rules 757.539Eligibility criteria; contents of application; project proposal processes; recovery of costs; rate cap; report to Legislative Assembly 757.540[Amended by 1971 c.655 §53; renumbered 756.568] 757.541[1987 c.599 §1; repealed by 1995 c.691 §8] 757.542Definitions for ORS 757.542 to 757.562 757.545[Repealed by 1971 c.655 §250] 757.546[1987 c.599 §2; repealed by 1995 c.691 §8] 757.547Oregon Utility Notification Center; board; member qualifications; terms; meetings; rules 757.550[Repealed by 1971 c.655 §250] 757.551[1987 c.599 §3; repealed by 1995 c.691 §8] 757.552Duties of center; fees for services; rules; exemption from certain financial administration laws 757.555[Amended by 1971 c.655 §49; renumbered 756.555] 757.556[1987 c.599 §5; repealed by 1995 c.691 §8] 757.557Underground utility facility operators required to subscribe to center; liability for damage from excavation for nonsubscribers; exemption 757.560[Repealed by 1971 c.655 §250] 757.561[1987 c.599 §4; repealed by 1995 c.691 §8] 757.562Report to Legislative Assembly of center activities; contracts to carry out duties 757.565[Repealed by 1971 c.655 §250] 757.566[1987 c.599 §6; repealed by 1995 c.691 §8] 757.570[Repealed by 1971 c.655 §250] 757.571[1987 c.599 §§7,8; repealed by 1995 c.691 §8] 757.575[Repealed by 1971 c.655 §250] 757.580[Repealed by 1971 c.655 §250] 757.585[Repealed by 1971 c.655 §250] 757.590[Amended by 1971 c.655 §48; renumbered 756.552] 757.595[Repealed by 1971 c.655 §250] 757.600Definitions for ORS 757.600 to 757.687 757.601Implementation dates for direct access and portfolio of rate options; exemption for certain small electric companies 757.603Electric company required to provide cost-of-service rate option to all retail electricity consumers; waiver; portfolio of rate options for residential consumers 757.605[1961 c.691 §2; 1971 c.655 §97; renumbered 758.400] 757.606[Formerly 758.040; renumbered 165.475] 757.607Direct access conditions; cost recovery 757.609Date for announcing prices for electricity in subsequent calendar year; estimated prices 757.610[1961 c.691 §18; renumbered 758.405] 757.611[Formerly 758.050; renumbered 165.480] 757.612Requirements for public purpose expenditures; rules 757.613Whole building assessment; investment in energy efficiency 757.615[1961 c.691 §§3,11; part renumbered 757.652; 1971 c.655 §98; renumbered 758.410] 757.616[Formerly 758.060; renumbered 165.485] 757.617Report to Legislative Assembly on public purpose expenditures; independent nongovernmental entity to prepare report; report on low-income bill assistance 757.620[1961 c.691 §4; renumbered 758.415] 757.621[Formerly 758.070; renumbered 165.490] 757.622Commission to establish terms and conditions for default electricity service to nonresidential consumers 757.625[1961 c.691 §5; renumbered 758.420] 757.626[Formerly 758.080; renumbered 165.495] 757.627Retail electricity consumers eligible for direct access may aggregate electricity loads 757.629Reciprocal sales to nonresidential electricity consumers 757.630[1961 c.691 §6; renumbered 758.425] 757.631[Formerly 758.090; renumbered 165.840] 757.632Electricity service supplier’s access to electric company’s distribution facilities 757.635[1961 c.691 §7; renumbered 758.430] 757.636[Formerly 758.100; renumbered 165.845] 757.637Comparable access to transmission and distribution facilities 757.640[1961 c.691 §8; renumbered 758.435] 757.641[Formerly 758.110; renumbered 165.850] 757.642Unbundling electricity assets; records 757.645[1961 c.691 §9; renumbered 758.440] 757.646Policies to eliminate barriers to competitive retail market; code of conduct for electric companies; rules 757.649Certification of electricity service suppliers; safety standards for distribution systems; billing requirements; rules 757.650[1961 c.691 §10; renumbered 758.445] 757.652[Formerly part of 757.615; 1965 c.242 §1; renumbered 758.450] 757.654Commission authority to investigate allegations of undue market influence 757.655[1961 c.691 §13; renumbered 758.455] 757.656Failure to comply with ORS 757.600 to 757.667; cause of action 757.659Commission rules; contents 757.660Use of arbitration to resolve disputes relating to valuation of electric company investments; rules 757.661Commission authority to require filing 757.663Commission authority to require electric company to enter into contracts with Bonneville Power Administration 757.665Limitation on installing, servicing electric meters 757.667City authority over rights of way 757.669Policy regarding consumer-owned electric utilities 757.670[1961 c.691 §14; renumbered 758.460] 757.672Application of ORS 757.603 to 757.667 to consumer-owned electric utility; reciprocal electricity sales 757.675[1961 c.691 §12; 1971 c.655 §99; renumbered 758.465] 757.676Consumer-owned utility authorized to offer direct, portfolio or other forms of access to electricity services 757.679Net billing agreements 757.680[1961 c.691 §15; renumbered 758.470] 757.683Consumer-owned utility’s distribution rights and control over distribution system 757.685[1961 c.691 §16; 1965 c.242 §2; 1971 c.655 §99a; renumbered 758.475] 757.687Consumer-owned utility offering direct access; public purpose charge; bill assistance program 757.689[2007 c.301 §46; repealed by 2021 c.547 §13] 757.690[1961 c.691 §17; repealed by 1967 c.164 §4] 757.691Applicability 757.695Mitigation of energy burdens; costs collection 757.698Low-income electric bill payment and crisis assistance 757.710Emergency curtailment plan required; credits for weatherization or alternate energy devices 757.720Factors to be considered in approving plan; authority to establish plan; consultation with State Department of Energy 757.730Liability when curtailment occurs 757.732Definitions for ORS 757.732 to 757.744 757.734Recovery of investment in Klamath River dams 757.736Surcharges for funding costs of removing Klamath River dams; judicial review 757.738Surcharge trust accounts related to removal of Klamath River dams 757.740Recovery of other costs incurred as result of changes in operation to or removal of Klamath River dams 757.742Public Utility Commission authorization to enter agreement with California related to cost apportionment and trust fund 757.744Disclaimers 757.746Requirements for nongovernmental entities receiving funds 757.747Environmental justice; commission to establish equity metrics 757.750Legislative findings 757.755Termination of residential electric or natural gas service prohibited; rules of commission 757.760Requirements for notice of termination of service; payment schedules; rules 757.765Public utility provision of shielded outdoor lighting fixtures to customers 757.770Deadline for public utility filing of outdoor lighting fixture rate and charge application; required notification to customers 757.800Definitions for ORS 757.800 and 757.805 757.805Accident prevention required for work near high voltage lines; effect of failure to comply; applicability; other remedies unaffected 757.810[1985 c.550 §5; renumbered 759.015 in 1989] 757.811Requirement to consider electricity from ocean renewable energy 757.812Definitions for ORS 757.812 to 757.950 757.814Creation of acquisition review committee 757.815[1985 c.550 §6; 1987 c.447 §72; renumbered 759.020 in 1989] 757.818Oregon Community Power created 757.820[1985 c.550 §6a; 1987 c.302 §1; renumbered 759.025 in 1989] 757.822Laws applicable to Oregon Community Power 757.824Regulatory authority of Public Utility Commission over Oregon Community Power 757.825[1985 c.550 §7; 1987 c.447 §73; 1987 c.613 §2; 1989 c.5 §§9,23; 1989 c.378 §1; 1989 c.543 §1; renumbered 759.030 in 1989] 757.830Nominating committee 757.834Board of directors 757.835[1985 c.389 §3; 1987 c.447 §74; renumbered 759.230 in 1989] 757.840[1987 c.1 §§1,2,3; 1989 c.5 §10; renumbered 759.235 in 1989] 757.842Board meetings and procedures 757.850[1987 c.613 §4; 1989 c.5 §11; 1989 c.378 §2; 1989 c.543 §2; renumbered 759.195 in 1989] 757.852Acquisition of incumbent utility; use of eminent domain 757.855Funding of preliminary activities and negotiations 757.857Oregon Community Power Utility Acquisition Fund 757.860[1987 c.302 §3; 1989 c.5 §12; renumbered 759.225 in 1989] 757.862Request to Public Utility Commission for transfer of funds 757.864Conduct of business after acquisition 757.868Oregon Community Power to be successor in interest to incumbent utility; rules 757.870[1987 c.388 §2; 1989 c.5 §13; 1989 c.574 §6; renumbered 759.040 in 1989] 757.872Equity and assets of incumbent utility held in trust; disclaimer of state interest 757.880Board duties 757.883Payments in lieu of property taxes 757.886Powers of Oregon Community Power 757.890Eminent domain 757.895Ratemaking 757.897Notice of ratemaking; ratemaking hearings 757.900Intervention by Citizens’ Utility Board in proceedings 757.902Annual audit of Oregon Community Power 757.905Adoption of bylaws 757.910Policy 757.915Definitions for ORS 757.915 to 757.930 757.918Oregon Community Power required to allow direct access 757.920Rights of electricity service suppliers 757.922Transition credits and charges 757.924Portfolio access to electricity service providers 757.930Distribution rights; service territories 757.935Definitions for ORS 757.935 to 757.945 757.937Financing agreements authorized 757.940Delegation of powers relating to financing agreements 757.942Powers of Oregon Community Power relating to financing agreements 757.945Consultation with State Treasurer 757.950Authorization to issue and sell revenue bonds 757.954City’s authority to control, and collect charges for, use of rights of way 757.960Commission to convene workshops; wildfire protection and mitigation best practices 757.963Public utility required to develop wildfire protection plan; rules 757.966Consumer-owned utility required to develop wildfire mitigation plan 757.968Electric utility easement over private land 757.969Municipally owned utility exempt from requirements 757.990Penalties 757.991Civil penalty for noncompliance with gas regulations 757.992[Formerly 758.990; renumbered 165.990] 757.993Penalty for violation of utility excavation notification provisions 757.994Civil penalty for violation of statute, rule or order related to water utilities 757.995Civil penalty for violation of wildfire protection provisions or rule

Chapter 757 — Utility Regulation Generally

ORS 757.852 Acquisition of incumbent utility; use of eminent domain

(1)

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).

(2)

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 subsection

(1)

of this section unless the incumbent utility or the persons that have the authority to negotiate the disposition of the incumbent utility or the electric utility assets of the incumbent utility consent to the use of eminent domain for acquisition purposes.

Note: See note under 757.812.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.