Oregon Statutes - Chapter 757 - Utility Regulation Generally

757.005 Definitions.
(1)(a) As used in this chapter, except as provided in paragraph (b) of this subsection, �public utility� means: (A) Any corporation, company, individual, association of...
757.007 Contract and rate schedule filing for certain furnishers of heat exempt from regulation; procedure.
(1) Every person exempt from regulation under ORS 757.005 (1)(b)(E) shall file with the Public Utility Commission, not later than 30 days prior to their...
757.009 Procedure for reregulation of furnishers of heat.
(1) Except as provided in subsection (2) of this section, the Public Utility Commission may, upon written complaint or upon the commission�s own motion, regulate,...
757.010 [Repealed by 1971 c.655 §250]
757.015 �Affiliated interest� defined.
As used in ORS 757.105 (1) and in ORS 757.495, �affiliated interest� with a public utility means: (1) Every corporation and person owning or holding...
757.020 Duty of utilities to furnish adequate and safe service at reasonable rates.
Every public utility is required to furnish adequate and safe service, equipment and facilities, and the charges made by any public utility for any service...
757.025 [Amended by 1971 c.655 §14; renumbered 756.062]
757.030 [Repealed by 1971 c.655 §250]
757.035 Adoption of safety rules and regulations; enforcement.
(1) The Public Utility Commission has power, after a hearing had upon the motion of the commission or upon complaint, to require by general or...
757.039 Regulation of hazardous substance distribution and storage operations; cooperation with federal agencies; disclosure of reports and information.
(1) As used in this section, �hazardous substance or material� means: (a) Fuel gas, whether in a gaseous, liquid or semisolid state; (b) Petroleum or...
757.040 [Amended by 1971 c.655 §101; renumbered 758.035]
757.045 [Amended by 1967 c.394 §1; repealed by 1971 c.781 §1]
757.050 Authority of commission to order extension of service to unserved areas.
The Public Utility Commission has power to require any public utility, after a public hearing of all parties interested, to extend its line, plant or...
757.055 [Repealed by 1971 c.655 §250]
757.056 Information on energy conservation to be furnished by certain utilities; rules.
(1) As used in this section, �energy conservation services� means services provided by public utilities to educate and inform customers and the public about energy...
757.060 [Amended by 1955 c.145 §1; repealed by 1961 c.691 §20]
757.061 Regulation of water utilities; rules.
(1) For the purposes of this section, �financial regulation� means regulation under ORS 757.105 to 757.110, 757.135, 757.140, 757.205 to 757.220, 757.400 to 757.460 and...
757.063 Regulation of associations furnishing water upon petition.
(1) Any association of individuals that furnishes water to members of the association is subject to regulation in the same manner as provided by this...
757.065 [Renumbered 756.370]
757.068 Use of fees to make emergency repairs to water service plants.
(1) In each biennium the Public Utility Commission may use not more than $5,000 of the fees collected under ORS 756.310 to make emergency repairs...
757.069 Notice of delinquency on water bill.
(1) If a customer of a water utility fails to pay a water bill for more than 120 days after the bill becomes due, the...
757.070 [Renumbered 756.375]
757.072 Agreements for financial assistance to organizations representing customer interests; rules.
(1) A public utility providing electricity or natural gas may enter into a written agreement with an organization that represents broad customer interests in regulatory...
757.075 [Repealed by 1971 c.655 §250]
757.080 [1953 c.356 §1; 1961 c.354 §1; 1971 c.655 §30a; renumbered 756.380]
757.085 [1953 c.356 §2; 1961 c.354 §2; renumbered 756.385]
757.090 [1953 c.356 §3; 1961 c.354 §3; renumbered 756.390]
757.095 [1969 c.372 §2; 1971 c.655 §69; renumbered 757.039]
757.105 Filing of budget; review by commission; pensions as operating expenses.
(1) The Public Utility Commission has the right and power of regulation, restriction and control over the budgets of expenditures of public utilities, as to...
757.107 Supplemental budgets and orders.
Adjustment and additions to such budget expenditures may be made from time to time during the year by filing supplementary budgets with the Public Utility...
757.110 Effect of budget orders.
(1) Any finding and order made and entered by the Public Utility Commission under ORS 757.105 or 757.107 shall have the effect of prohibiting any...
757.115 [Amended by 1971 c.655 §20; renumbered 756.105]
757.120 Accounts required.
(1) Every public utility shall keep and render to the Public Utility Commission, in the manner and form prescribed by the commission, uniform accounts of...
757.125 Duty of utility to keep records and accounts; duty of commission to furnish blanks.
(1) The Public Utility Commission shall prescribe the accounts and records required to be kept, and every public utility is required to keep and render...
757.130 [Repealed by 1971 c.655 §250]
757.135 Closing accounts and filing balance sheet; auditing accounts.
(1) Except as provided in subsection (2) of this section, the accounts required under ORS 757.120 and 757.125 shall be closed annually on December 31...
757.140 Depreciation accounts; use of certain undepreciated investment in rates.
(1) Every public utility shall carry a proper and adequate depreciation account. The Public Utility Commission shall ascertain and determine the proper and adequate rates...
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]
757.205 Filing schedules with commission; data filed with schedules.
(1) Every public utility shall file with the Public Utility Commission, within a time to be fixed by the commission, schedules which shall be open...
757.210 Hearing to establish new schedules; alternative regulation plan.
(1)(a) Whenever any public utility files with the Public Utility Commission any rate or schedule of rates stating or establishing a new rate or schedule...
757.212 Resource rate plans; customers who may elect to be exempt; order approving plan; effect of approving plan.
(1) For purposes of this section: (a) �Resource rate plan� means a plan by a public utility to construct a generating plant or to enter...
757.215 Commission authorized to suspend new rates or order interim rates during hearings; revenues collected under unapproved rates to be refunded; order after hearing.
(1) The Public Utility Commission may, pending such investigation and determination, order the suspension of the rate or schedule of rates, provided the initial period...
757.220 Notice of schedule changes required; exception for alternative regulation.
No change shall be made in any schedule, including schedules of joint rates, except upon 30 days� notice to the Public Utility Commission. All changes...
757.225 Utilities required to collect for their services in accordance with schedules.
No public utility shall charge, demand, collect or receive a greater or less compensation for any service performed by it within the state, or for...
757.227 Rate mitigation for certain electric company rate increases.
(1) As used in this section, �electric company� has the meaning given that term in ORS 757.600. (2) The Public Utility Commission shall require that...
757.230 Control of commission over classification of services and forms of schedules; rules.
(1) The Public Utility Commission shall provide for a comprehensive classification of service for each public utility, and such classification may take into account the...
757.235 [Amended by 1953 c.285 §2; repealed by 1981 c.715 §3]
757.240 Filing schedules in business office.
(1) A copy of so much of all schedules, including schedules of joint rates and charges, as the Public Utility Commission deems necessary for the...
757.245 Establishment of joint rates.
(1) A public utility may establish reasonable through service and joint rates and classifications with other public utilities. Public utilities establishing joint rates shall establish...
757.247 Tariff schedules for renewable energy generation facilities and energy conservation.
(1) The Public Utility Commission may authorize a public utility to file and place into effect tariff schedules establishing rates or charges for renewable energy...
757.250 Standards and appliances for measuring service; rules.
(1) The Public Utility Commission shall ascertain and prescribe for each kind of public utility suitable and convenient standard commercial units of service. These shall...
757.255 Testing of measuring appliances; rules; fees.
(1) The Public Utility Commission may provide for the examination and testing of any and all appliances used for the measuring of any service of...
757.259 Amounts includable in rate schedule; deferral; limit in effect on rates by amortization; rules.
(1) In addition to powers otherwise vested in the Public Utility Commission, and subject to the limitations contained in this section, under amortization schedules set...
757.260 [Amended by 1971 c.655 §18; renumbered 756.075]
757.262 Rates to encourage acquisition of cost-effective conservation resources; rules.
(1) The Public Utility Commission, by rule, may adopt policies designed to encourage the acquisition of cost-effective conservation resources and small-scale, renewable-fuel electric generating resources....
757.265 [Repealed by 1971 c.655 §250]
757.266 Rates may encourage tree planting programs as offset to carbon dioxide emissions.
The Public Utility Commission of Oregon may allow a rate or rate schedule of a public utility to reflect amounts for small scale programs that...
757.267 Legislative findings relating to inclusion of tax liabilities in rates.
(1) The Legislative Assembly finds and declares that: (a) The alignment of taxes collected by public utilities from utility customers with taxes paid to units...
757.268 Adjustments to rates by reason of taxes paid by public utility.
(1) Every public utility shall file a tax report with the Public Utility Commission annually, on or before October 15 following the year for which...
757.270 Definitions for ORS 757.270 to 757.290.
As used in ORS 757.270 to 757.290, unless the context requires otherwise: (1) �Attachment� means any wire or cable for the transmission of intelligence by...
757.271 Authorization from pole owner required for attachment.
(1) Subject to applicable regulations of the Public Utility Commission, a person shall not establish an attachment to a pole or other facility of a...
757.272 Pole owner may approve or reject attachment.
(1) A licensee shall notify a public utility, telecommunications utility or consumer-owned utility of all attachments to the utility�s poles according to the terms of...
757.273 Attachments to public utility and telecommunications utility facilities regulated.
The Public Utility Commission of Oregon shall have the authority to regulate in the public interest the rates, terms and conditions for attachments by licensees...
757.276 Attachments by licensees to consumer-owned utility facilities regulated.
The Public Utility Commission of Oregon shall have the authority to regulate the rates, terms and conditions for attachments by licensees to poles or other...
757.279 Fixing rates or charges by commission; cost of hearing.
(1) Whenever the Public Utility Commission of Oregon finds, after hearing had upon complaint by a licensee, a public utility, a telecommunications utility or a...
757.282 Criteria for just and reasonable rate for attachments; rate reduction.
(1) A just and reasonable rate shall ensure the public utility, telecommunications utility or consumer-owned utility the recovery from the licensee of not less than...
757.285 Presumption of reasonableness of rates set by private agreement.
Agreements regarding rates, terms and conditions of attachments shall be deemed to be just, fair and reasonable, unless the Public Utility Commission finds upon complaint...
757.287 Application to electrical utility attachments.
Nothing in ORS 757.270 to 757.290 shall be deemed to apply to any attachment by one or more electrical utilities on the facilities of one...
757.290 Regulatory procedures.
The procedures of the Public Utility Commission for petition, regulation and enforcement relative to attachments, including any rights of appeal from any decision thereof, shall...
757.300 Net metering facility allowed to connect to public utility; conditions for connecting and measuring energy; rules; application to out-of-state utilities.
(1) As used in this section: (a) �Customer-generator� means a user of a net metering facility. (b) �Electric utility� means a public utility, a people�s...
757.305 [Amended by 1971 c.655 §77; repealed by 1979 c.190 §431]
757.310 Prohibition related to charges for service.
(1) A public utility may not charge a customer a rate or an amount for a service that is different from the rate or amount...
757.315 When free service or reduced rates allowed.
(1) ORS 757.310 does not prevent any public utility from giving free service, or reduced rates therefor, to: (a) Its officers, directors, employees and members...
757.320 Reducing rates for persons furnishing part of necessary facilities.
(1) No public utility shall demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the...
757.325 Undue preferences and prejudices.
(1) No public utility shall make or give undue or unreasonable preference or advantage to any particular person or locality, or shall subject any particular...
757.330 Soliciting or accepting special privileges from utilities.
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...
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]
757.355 Costs of property not presently providing utility service excluded from rate base; exception.
(1) Except as provided in subsection (2) of this section, a public utility may not, directly or indirectly, by any device, charge, demand, collect or...
757.400 Definition of �stocks.�
As used in ORS 757.400 to 757.460, �stocks� means stocks, stock certificates or other evidence of interest or ownership.
757.405 Power to regulate issuance of utility securities.
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...
757.410 When issuance of securities is void.
All stocks and bonds, notes or other evidences of indebtedness, and any security of a public utility shall be void when issued: (1) Without an...
757.412 Exemption from securities regulation.
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...
757.415 Purposes for which securities and notes may be issued; order required.
(1) Except as otherwise permitted by subsection (4) of this section, a public utility may issue stocks and bonds, notes and other evidences of indebtedness,...
757.417 Limitation on application of ORS 757.415.
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...
757.419 Limitation on application of ORS 757.480.
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...
757.420 Hearings and supplemental orders relating to issuance of securities; joint approval of issuance by interstate utility.
(1) 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...
757.425 State not obligated following approval of issuance.
No provision of ORS 757.405 to 757.450, and no deed or act done or performed under or in connection therewith, shall be held or construed...
757.430 Conditional approval of issuance authorized.
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...
757.435 Disposal of proceeds from issuance of securities; rules.
(1) No public utility shall, without the consent of the Public Utility Commission, apply the issue of any stock or bond, note or other evidence...
757.440 Approval required before utility may guarantee another�s indebtedness.
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...
757.445 Wrongful issues or use of proceeds by utility.
No public utility shall directly or indirectly, issue or cause to be issued any stock or bond, note or other evidence of indebtedness, in nonconformity...
757.450 Wrongful acts relating to issuance of securities.
No person shall: (1) Knowingly authorize, direct, aid in, issue or execute, or cause to be issued or executed, any stock or bond, note or...
757.455 Conservation program investment policy; application for bondable investments; utility rates to include investment costs.
(1) It is the policy of the Public Utility Commission of Oregon to encourage financing investments at the lowest possible cost to utility customers, including...
757.460 Pledge of conservation investment assets as bond collateral; perfection of security interest; foreclosure.
(1) A public utility or finance subsidiary may pledge conservation investment assets as collateral for conservation bonds by providing for a security interest in the...
757.480 Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility; exceptions.
(1) A public utility doing business in Oregon shall not, without first obtaining the Public Utility Commission�s approval of such transaction: (a) Except as provided...
757.485 Purchase of property or stocks of one utility by another.
(1) No public utility shall, directly or indirectly, purchase, acquire or become the owner of any of the stocks or bonds or property utilized for...
757.490 Approval needed for certain contracts.
(1) When any public utility doing business in this state enters into a contract with another corporation with relation to the construction, operation, maintenance or...
757.495 Contracts involving utilities and persons with affiliated interests.
(1) When any public utility doing business in this state enters into any contract to make any payment, directly or indirectly, to any person or...
757.500 Contracts between certain public utilities.
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,...
757.505 [Repealed by 1971 c.655 §250]
757.506 Findings and policy regarding exercise of influence over utility by person not engaged in utility business.
(1) The Legislative Assembly finds and declares that: (a) The protection of customers of public utilities which provide heat, light or power is a matter...
757.510 [Repealed by 1971 c.655 §250]
757.511 Application for authority to exercise influence over utility; contents of application; issuance of order; dissemination of information about acquisition.
(1) No person, directly or indirectly, shall acquire the power to exercise any substantial influence over the policies and actions of a public utility which...
757.515 [Amended by 1971 c.655 §39; renumbered 756.515]
757.516 Contracts between natural gas utilities and customers for commodity and services; determination by commission of reasonableness of contract and utility activities.
(1) Following a Public Utility Commission determination that such services are subject to competition, a natural gas utility may enter into a contract with any...
757.520 [Repealed by 1971 c.655 §250]
757.525 [Repealed by 1971 c.655 §250]
757.530 [Repealed by 1971 c.655 §250]
757.535 [Repealed by 1971 c.655 §250]
757.540 [Amended by 1971 c.655 §53; renumbered 756.568]
757.541 [1987 c.599 §1; repealed by 1995 c.691 §8]
757.542 Definitions.
As used in ORS 757.542 to 757.562 and 757.993: (1) �Business day� means any 24-hour day other than a Saturday, Sunday or federal or state...
757.545 [Repealed by 1971 c.655 §250]
757.546 [1987 c.599 §2; repealed by 1995 c.691 §8]
757.547 Oregon Utility Notification Center; board; member qualifications; terms; meetings; rules.
(1)(a) 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...
757.550 [Repealed by 1971 c.655 §250]
757.551 [1987 c.599 §3; repealed by 1995 c.691 §8]
757.552 Duties of center; fees for services; rules; exemption from certain financial administration laws.
(1) It is the function of the board of directors to operate the Oregon Utility Notification Center, through which a person shall notify operators of...
757.555 [Amended by 1971 c.655 §49; renumbered 756.555]
757.556 [1987 c.599 §5; repealed by 1995 c.691 §8]
757.557 Underground utility facility operators required to subscribe to center; liability for damage from excavation for nonsubscribers; exemption.
(1) Every operator of underground facilities shall subscribe to the Oregon Utility Notification Center. (2) Any person intending to excavate shall notify the Oregon Utility...
757.560 [Repealed by 1971 c.655 §250]
757.561 [1987 c.599 §4; repealed by 1995 c.691 §8]
757.562 Report to Legislative Assembly of center activities; contracts to carry out duties.
(1) The board of directors shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering...
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]
757.600 Definitions for ORS 757.600 to 757.689.
As used in ORS 757.600 to 757.689, unless the context requires otherwise: (1) �Aggregate� means combining retail electricity consumers into a buying group for the...
757.601 Implementation dates for direct access and portfolio of rate options; exemption for certain small electric companies.
(1) All retail electricity consumers of an electric company, other than residential electricity consumers, shall be allowed direct access beginning on March 1, 2002. Retail...
757.603 Electric company required to provide cost-of-service rate option to all retail electricity consumers; waiver; portfolio of rate options for residential consumers.
(1)(a) Except as provided in this subsection, on and after March 1, 2002, an electric company shall provide all retail electricity consumers that are connected...
757.605 [1961 c.691 §2; 1971 c.655 §97; renumbered 758.400]
757.606 [Formerly 758.040; renumbered 165.475]
757.607 Direct access conditions; cost recovery.
The Public Utility Commission shall ensure that direct access programs offered by electric companies meet the following conditions: (1) The provision of direct access to...
757.609 Date for announcing prices for electricity in subsequent calendar year; estimated prices.
(1) The Public Utility Commission shall set a date on which all electric companies must announce prices that will be charged for electricity by the...
757.610 [1961 c.691 §18; renumbered 758.405]
757.611 [Formerly 758.050; renumbered 165.480]
757.612 Requirements for public purpose expenditures; electric bill payment assistance charge; rules.
(1) There is established an annual public purpose expenditure standard for electric companies and Oregon Community Power to fund new cost-effective local energy conservation, new...
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]
757.617 Report to Legislative Assembly on public purpose expenditures; independent nongovernmental entity to prepare report; report on low-income bill assistance.
(1)(a) The Public Utility Commission and the State Department of Energy jointly shall select an independent nongovernmental entity to prepare a biennial report to the...
757.620 [1961 c.691 §4; renumbered 758.415]
757.621 [Formerly 758.070; renumbered 165.490]
757.622 Commission to establish terms and conditions for default electricity service to nonresidential consumers.
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...
757.625 [1961 c.691 §5; renumbered 758.420]
757.626 [Formerly 758.080; renumbered 165.495]
757.627 Retail electricity consumers eligible for direct access may aggregate electricity loads.
(1) An electric company shall permit retail electricity consumers that are eligible for direct access to voluntarily aggregate their electricity loads. (2) A retail electricity...
757.629 Reciprocal sales to nonresidential electricity consumers.
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...
757.630 [1961 c.691 §6; renumbered 758.425]
757.631 [Formerly 758.090; renumbered 165.840]
757.632 Electricity service supplier�s access to electric company�s distribution facilities.
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...
757.635 [1961 c.691 §7; renumbered 758.430]
757.636 [Formerly 758.100; renumbered 165.845]
757.637 Comparable access to transmission and distribution facilities.
To the extent permissible under federal law, the Public Utility Commission shall ensure that an electric company that offers direct access: (1) Provides electricity service...
757.640 [1961 c.691 §8; renumbered 758.435]
757.641 [Formerly 758.110; renumbered 165.850]
757.642 Unbundling electricity assets; records.
(1) Not later than March 1, 2002, an electric company shall unbundle the costs of electricity services into power generation, transmission, distribution and retail services....
757.645 [1961 c.691 §9; renumbered 758.440]
757.646 Commission policies to eliminate barriers to competitive retail market structures and rules to establish code of conduct for electric companies; rules.
(1) The duties, functions and powers of the Public Utility Commission shall include developing policies to eliminate barriers to the development of a competitive retail...
757.649 Certification of electricity service suppliers; safety standards for distribution systems; billing requirements; rules.
(1)(a) A person or other entity shall not act as an electricity service supplier unless the person or entity is certified by the Public Utility...
757.650 [1961 c.691 §10; renumbered 758.445]
757.652 [Formerly part of 757.615; 1965 c.242 §1; renumbered 758.450]
757.654 Commission authority to investigate allegations of undue market influence.
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...
757.655 [1961 c.691 §13; renumbered 758.455]
757.656 Failure to comply with ORS 757.600 to 757.667; cause of action.
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...
757.659 Commission rules; contents.
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...
757.660 Use of arbitration to resolve disputes relating to valuation of electric company investments; rules.
(1) 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...
757.661 Commission authority to require filing.
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...
757.663 Commission authority to require electric company to enter into contracts with Bonneville Power Administration.
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...
757.665 Limitation on installing, servicing electric meters.
Electric meter installation, testing and maintenance shall be performed only by a distribution utility. [1999 c.865 §15a]
757.667 City authority over rights of way.
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...
757.669 Policy regarding consumer-owned electric utilities.
The Legislative Assembly declares that it is the policy of the State of Oregon regarding consumer-owned utilities to: (1) Preserve and enhance the ability of...
757.670 [1961 c.691 §14; renumbered 758.460]
757.672 Application of ORS 757.603 to 757.667 to consumer-owned electric utility; reciprocal electricity sales.
(1) 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...
757.675 [1961 c.691 §12; 1971 c.655 §99; renumbered 758.465]
757.676 Consumer-owned utility authorized to offer direct, portfolio or other forms of access to electricity services.
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...
757.679 Net billing agreements.
(1) 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...
757.680 [1961 c.691 §15; renumbered 758.470]
757.683 Consumer-owned utility�s distribution rights and control over distribution system.
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,...
757.685 [1961 c.691 §16; 1965 c.242 §2; 1971 c.655 §99a; renumbered 758.475]
757.687 Consumer-owned utility offering direct access; public purpose charge; bill assistance program.
(1) 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...
757.689 Recovery of costs of energy conservation measures in rates of electric company.
(1) In addition to the public purpose charge established by ORS 757.612, the Public Utility Commission may authorize an electric company to include in its...
757.690 [1961 c.691 §17; repealed by 1967 c.164 §4]
757.691 Applicability.
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...
757.710 Emergency curtailment plan required; credits for weatherization or alternate energy devices.
(1) 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...
757.720 Factors to be considered in approving plan; authority to establish plan; consultation with State Department of Energy.
(1) Approval of utility plans for the curtailment of load shall be based on the following factors: (a) The consistency of the plan with the...
757.730 Liability when curtailment occurs.
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...
757.750 Legislative findings.
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...
757.755 Termination of residential electric or natural gas service prohibited; rules of commission.
(1) The Public Utility Commission of Oregon shall establish rules to prohibit the termination of residential electric or natural gas service when such termination would...
757.760 Requirements for notice of termination of service; payment schedules; rules.
The Public Utility Commission shall establish rules to require each electric and natural gas utility to: (1) Give written or personal notice of a proposed...
757.800 Definitions for ORS 757.800 and 757.805.
As used in this section and ORS 757.805, unless the context requires otherwise: (1) �Authorized person� means: (a) An employee of a utility which produces,...
757.805 Accident prevention required for work near high voltage lines; effect of failure to comply; applicability; other remedies unaffected.
(1) Any person or business entity responsible for performing any function, activity, work or operation in proximity to a high voltage overhead line shall guard...
757.810 [1985 c.550 §5; renumbered 759.015 in 1989]
757.812 Definitions for ORS 757.812 to 757.950.
As used in ORS 757.812 to 757.950: (1) �Board� means the board of directors of Oregon Community Power. (2) �Incumbent utility� means an investor-owned utility...
757.814 Creation of acquisition review committee.
(1)(a) Except as provided in subsection (9) of this section, the Public Utility Commission shall give notice to the cities and counties specified in paragraph...
757.815 [1985 c.550 §6; 1987 c.447 §72; renumbered 759.020 in 1989]
757.818 Oregon Community Power created.
(1) Oregon Community Power is created as a public corporation. Oregon Community Power shall exercise and carry out all powers, rights and privileges that are...
757.820 [1985 c.550 §6a; 1987 c.302 §1; renumbered 759.025 in 1989]
757.822 Laws applicable to Oregon Community Power.
(1) 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...
757.824 Regulatory authority of Public Utility Commission over Oregon Community Power.
(1) Solely for purposes of determining the authority of the Public Utility Commission to regulate Oregon Community Power and the activities and operations of Oregon...
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]
757.830 Nominating committee.
(1) There is established the Oregon Community Power Board Nominating Committee. The purpose of the nominating committee is to assist the Governor in appointing members...
757.834 Board of directors.
(1) Oregon Community Power shall be governed by a board of seven directors appointed by the Governor using the procedure set forth in this section....
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]
757.842 Board meetings and procedures.
(1) The board of directors of Oregon Community Power shall meet at least once each month to conduct the business of the board. (2) A...
757.850 [1987 c.613 §4; 1989 c.5 §11; 1989 c.378 §2; 1989 c.543 §2; renumbered 759.195 in 1989]
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...
757.855 Funding of preliminary activities and negotiations.
(1) 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...
757.857 Oregon Community Power Utility Acquisition Fund.
(1) The Oregon Community Power Utility Acquisition Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the...
757.860 [1987 c.302 §3; 1989 c.5 §12; renumbered 759.225 in 1989]
757.862 Request to Public Utility Commission for transfer of funds.
(1) 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...
757.864 Conduct of business after acquisition.
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...
757.868 Oregon Community Power to be successor in interest to incumbent utility; rules.
(1) 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...
757.870 [1987 c.388 §2; 1989 c.5 §13; 1989 c.574 §6; renumbered 759.040 in 1989]
757.872 Equity and assets of incumbent utility held in trust; disclaimer of state interest.
(1) Any equity of the incumbent utility, any electric utility assets of the incumbent utility or any combination of equity and assets of the incumbent...
757.880 Board duties.
The principal duties of the board of directors of Oregon Community Power are to: (1) Establish policy and develop consistent positions on core utility issues...
757.883 Payments in lieu of property taxes.
(1) 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...
757.886 Powers of Oregon Community Power.
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...
757.890 Eminent domain.
(1) Oregon Community Power may exercise the power of eminent domain for the purpose of acquiring any property, within or outside the service territory of...
757.895 Ratemaking.
(1) The board of directors of Oregon Community Power shall establish rates for the provision of electricity within the service territory of Oregon Community Power...
757.897 Notice of ratemaking; ratemaking hearings.
(1) Whenever the board of directors of Oregon Community Power determines to seek a modification in any rate imposed by the board for electricity service,...
757.900 Intervention by Citizens� Utility Board in proceedings.
(1) Whenever the Citizens� Utility Board of Governors determines that an Oregon Community Power proceeding may affect the interests of utility consumers, the Citizens� Utility...
757.902 Annual audit of Oregon Community Power.
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...
757.905 Adoption of 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: (1) Bylaws...
757.910 Policy.
(1) The Legislative Assembly declares that it is the policy of the State of Oregon to: (a) Ensure that the formation and operation of Oregon...
757.915 Definitions for ORS 757.915 to 757.930.
As used in ORS 757.915 to 757.930: (1) �Ancillary services� has the meaning given that term in ORS 757.600. (2) �Direct access� means the ability...
757.918 Oregon Community Power required to allow direct access.
(1) Oregon Community Power shall allow nonresidential electricity consumers direct access. (2) Unless the board of directors of Oregon Community Power determines otherwise, Oregon Community...
757.920 Rights of electricity service suppliers.
(1) Every electricity service supplier is authorized to use the distribution facilities of Oregon Community Power on a nondiscriminatory basis. (2) Oregon Community Power shall...
757.922 Transition credits and charges.
(1) Each retail electricity consumer of Oregon Community Power shall receive a transition credit or pay a transition charge as determined under this section. (2)...
757.924 Portfolio access to electricity service providers.
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...
757.930 Distribution rights; service territories.
(1) 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...
757.935 Definitions for ORS 757.935 to 757.945.
As used in ORS 757.935 to 757.945: (1) �Credit enhancement agreement� means any agreement or contractual relationship between Oregon Community Power and any bank, trust...
757.937 Financing agreements authorized.
(1) 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...
757.940 Delegation of powers relating to financing agreements.
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...
757.942 Powers of Oregon Community Power relating to financing agreements.
Oregon Community Power may: (1) Enter into agreements with third parties to hold financing agreement proceeds, payments and reserves as security for lenders, and to...
757.945 Consultation with State Treasurer.
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...
757.950 Authorization to issue and sell revenue bonds.
(1) Oregon Community Power may issue and sell revenue bonds in accordance with the provisions of the Uniform Revenue Bond Act under ORS 288.805 to...
757.954 City�s authority to control, and collect charges for, use of rights of way.
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...
757.990 Penalties.
(1) 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,...
757.991 Civil penalty for noncompliance with gas regulations.
Any person or municipality, or their agents, lessees, trustees or receivers, engaged in the management, operation, ownership or control of facilities for the transmission or...
757.992 [Formerly 758.990; renumbered 165.990]
757.993 Penalty for violation of utility excavation notification provisions.
(1) Except as provided in subsection (2) of this section and in addition to all other penalties provided by law, every person who violates or...
757.994 Civil penalty for violation of statute, rule or order related to water utilities.
(1) In addition to all other penalties provided by law, a person who violates any statute, rule or order of the Public Utility Commission related...

Last modified: August 7, 2008