Oregon Law
Law as of Jan 1, 2024
Chapter contents
758.010Authority to construct lines and facilities; requirements and conditions 758.012Notice of intent to build transmission line to consumer-owned utilities and public utilities; exemptions 758.013Operator of electric power line to provide Public Utility Commission with safety information; availability of information to public utilities 758.015Certificate of public convenience and necessity 758.017Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval; review vested in Supreme Court 758.020Joint occupancy of poles 758.025Relocation of utilities in highway right of way; required consultation; recovery of costs 758.030[Renumbered 271.440] 758.035Commission’s power to enforce joint use of facilities 758.040[Renumbered 757.606] 758.050[Renumbered 757.611] 758.060[Amended by 1971 c.743 §426; renumbered 757.616] 758.070[Renumbered 757.621] 758.080[Renumbered 757.626] 758.090[Renumbered 757.631] 758.100[Renumbered 757.636] 758.110[Renumbered 757.641] 758.120Electric easement in provision of broadband services; exceptions; notice; remedies for property owners 758.125Duties and rights not altered by ORS 758.120 758.130Requirements for electric cooperative in provision of broadband services; audit; compliance 758.210Policy 758.215Definitions for ORS 758.210 to 758.270 758.220Authority for conversion to underground facilities; formation of assessment district 758.225Petition, ordinance or resolution for conversion; contents; filing 758.230Assessment procedure; objections to conversion 758.235Applicability of local improvement laws; issuance of bonds 758.240Contract with utility for conversion 758.245Payment of costs for conversion; removal of overhead facilities 758.250Conversion of facilities on private lands; procedure; payment of costs 758.255Discontinuance of utility service for noncompliance with conversion provisions 758.260Competitive bidding for utility conversion 758.265Overhead facilities in assessment district after conversion 758.270Effect of ORS 758.210 to 758.270 on existing laws and rights 758.280Definitions for ORS 758.280 to 758.286 758.282Immunity of electric utility for pruning or removing vegetation in certain cases 758.284Immunity of electric utility for pruning or removing vegetation in other cases; notice to property owner 758.286Immunity not applicable to liability for cost of abating fires 758.300Definitions for ORS 758.300 to 758.320 758.302Application for exclusive service territory; hearing on application; notice 758.305Exclusive service territories 758.310Assignment or transfer of rights in exclusive service territory; approval of commission 758.315Water utility service provided by persons not designated by commission; remedy 758.320Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations; existing franchise; exception 758.400Definitions for ORS 758.015 and 758.400 to 758.475 758.405Purpose of ORS 758.400 to 758.475 758.410Contracts for allocation of territories and customers; transfer of facilities 758.415Enforceability of contract approved by commission; conditions for approval 758.420Filing of contract; hearing on contract; notice 758.425Order of commission on contract 758.430Amendment of contract; approval of commission 758.435Application for allocation of territory; hearing on application; notice 758.440Order of commission on application 758.445Judicial review of order on application 758.450Contract required for allocation of territory; prohibited activities; exceptions; third party financing 758.455Investigation by commission respecting contracts or applications; hearing procedure 758.460Assignment or transfer of rights acquired by allocation; approval of commission 758.465Enforcement procedure 758.470Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475 758.475Fees 758.480Assumption of obligations arising out of Trojan Nuclear Plant 758.500[1979 c.730 §2; 1981 c.714 §1; repealed by 1981 c.714 §5 and by 1983 c.799 §9] 758.505Definitions for ORS 758.505 to 758.555 758.510[1979 c.730 §3; 1981 c.714 §2; repealed by 1981 c.714 §7 and by 1983 c.799 §9] 758.515Legislative findings 758.520[1979 c.730 §4; 1981 c.714 §3; repealed by 1981 c.714 §9 and by 1983 c.799 §9] 758.525Avoided cost schedules; filing; requirement to purchase energy from qualifying facilities 758.530[1979 c.730 §5; 1981 c.714 §4; repealed by 1981 c.714 §11 and by 1983 c.799 §9] 758.535Criteria for qualifying facility; terms and conditions of energy sale 758.540[1979 c.730 §6; repealed by 1981 c.714 §13] 758.545Electric utility required to make good faith effort to transmit energy; remedy 758.550[1979 c.730 §7; repealed by 1983 c.799 §9] 758.552Ownership of renewable energy certificates for energy generated by qualifying facility 758.555Effect of energy sales on qualifying facility 758.990[Renumbered 757.992]

Chapter 758 — Utility Rights of Way and Territory Allocation; Cogeneration

ORS 758.450 Contract required for allocation of territory; prohibited activities; exceptions; third party financing

(1)

Territory served by more than one person providing similar utility service may only become an allocated territory by a contract approved by the Public Utility Commission.

(2)

Except as provided in subsection (4) of this section, no other person shall offer, construct or extend utility service in or into an allocated territory.

(3)

Except as provided in subsection (4) of this section, during the pendency of an application for an allocation of exclusively served territory, no person other than applicant shall offer, construct or extend utility

service in or into the territory applied for; nor shall any person, without the express consent of the commission, offer, construct or extend utility service in or into any unserved territory which is the subject of a filing pending before the commission under ORS 758.420 or 758.435.

(4)

The provisions of ORS 758.400 to 758.475 do not apply to any corporation, company, individual or association of individuals providing heat, light or power:

(a)

From any energy resource to fewer than 20 customers, if it began providing service to a customer prior to July 14, 1985;

(b)

From any energy resource to fewer than 20 residential customers so long as the corporation, company, individual or association of individuals serves only residential customers;

(c)

From solar or wind resources to any number of customers; or

(d)

From biogas, waste heat or geothermal resources for nonelectric generation purposes to any number of customers.

(5)

Nothing in subsection (4) of this section shall prohibit third party financing of acquisition or development by a utility customer of energy resources to meet the heat, light or power requirements of that customer.

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.