Oregon Statutes - Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration

• 758.010   Authority to construct lines and facilities; requirements and conditions.
  (1) Except within cities, any person or corporation has a right and privilege to construct, maintain and operate its water, gas, electric or communication service...
• 758.015   Certificate of public convenience and necessity.
  (1) When any person, as defined in ORS 758.400, providing electric utility service, as defined in ORS 758.400, or any transmission company, proposes to construct...
• 758.020   Joint occupancy of poles.
  (1) The county court, board of county commissioners or the Department of Transportation, when designating the location where poles or other aboveground facilities described in...
• 758.030   [Renumbered 271.440]
• 758.035   Commission’s power to enforce joint use of facilities.
  (1) Every public utility, telecommunications utility, person, association or corporation having conduits, subways, street railway tracks, poles or other equipment on, over or under any...
• 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]
• 758.210   Policy.
  The legislature finds that in many areas of this state landowners, utilities and public authorities desire to convert existing overhead electric and communication facilities to...
• 758.215   Definitions for ORS 758.210 to 758.270.
  As used in ORS 758.210 to 758.270, unless the context requires otherwise: (1) “Convert,” “converting” or “conversion” means the removal of overhead electric or communication...
• 758.220   Authority for conversion to underground facilities; formation of assessment district.
  (1) A public authority shall have the power to require the conversion of overhead electric or communication facilities to underground facilities; to provide and receive...
• 758.225   Petition, ordinance or resolution for conversion; contents; filing.
  (1) A proceeding for conversion may be initiated: (a) By a petition signed by not less than 60 percent of the landowners within the proposed...
• 758.230   Assessment procedure; objections to conversion.
  (1) Upon presentation of the petition and certificate of sufficiency, or upon adoption of an ordinance or resolution, the public authority shall proceed in the...
• 758.235   Applicability of local improvement laws; issuance of bonds.
  Unless otherwise provided by ORS 758.210 to 758.270, the provisions relating to the procedure for local improvements in cities, as set forth in ORS 223.205,...
• 758.240   Contract with utility for conversion.
  (1) When a public authority in accordance with ORS 758.230 determines that a conversion shall be made, it may contract with the utilities supplying electric...
• 758.245   Payment of costs for conversion; removal of overhead facilities.
  Upon completion of the conversion of the overhead electric or communication facilities on public lands and right of way to underground, the affected utility shall...
• 758.250   Conversion of facilities on private lands; procedure; payment of costs.
  (1) Any conversion of electric or communication service facilities, including service connections, located on a privately owned lot or parcel shall be made at the...
• 758.255   Discontinuance of utility service for noncompliance with conversion provisions.
  If the owner of any structure or improvement served from the overhead electric or communication service facilities within an underground assessment district does not grant...
• 758.260   Competitive bidding for utility conversion.
  To the extent that the contract between the utility and the public authority provides that all or any part of the conversion work shall be...
• 758.265   Overhead facilities in assessment district after conversion.
  Once converted, no overhead electric or communication facilities shall be installed, maintained or operated in any underground assessment district except as authorized by ORS 758.210...
• 758.270   Effect of ORS 758.210 to 758.270 on existing laws and rights.
  ORS 758.210 to 758.270 are supplemental and cumulative of existing rights, laws, charters, ordinances and franchises and shall not abrogate or modify any franchise granted...
• 758.280   Definitions for ORS 758.280 to 758.286.
  For the purposes of ORS 758.280 to 758.286: (1) “Electric facilities” means lines, conduits, ducts, poles, wires, pipes, conductors, cables, crossarms, receivers, transmitters, transformers, instruments,...
• 758.282   Immunity of electric utility for pruning or removing vegetation in certain cases.
  (1) An electric utility is immune from any civil liability for pruning or removing vegetation that is growing on property on which electric facilities are...
• 758.284   Immunity of electric utility for pruning or removing vegetation in other cases; notice to property owner.
  (1) An electric utility is immune from any civil liability for pruning or removing vegetation that is growing on property on which electric facilities are...
• 758.286   Immunity not applicable to liability for cost of abating fires.
  The immunities provided by ORS 758.280 to 758.284 do not affect any liability that an electric utility may have for the costs of abating fires...
• 758.300   Definitions for ORS 758.300 to 758.320.
  As used in ORS 758.300 to 758.320: (1) “Commission” means the Public Utility Commission. (2) “Community water supply system” means a water source and distribution...
• 758.302   Application for exclusive service territory.
  (1) A water utility may apply to the Public Utility Commission for an order designating an exclusive service territory for the water utility. The commission...
• 758.305   Exclusive service territories.
  (1) Designated service territories of a water utility approved by the Public Utility Commission shall be exclusive. A water utility or community water supply system...
• 758.310   Assignment or transfer of rights in exclusive service territory; approval of commission.
  (1) The rights acquired by the designation of an exclusive service territory may be assigned or transferred only with the approval of the Public Utility...
• 758.315   Water utility service provided by persons not designated by commission; remedy.
  In the event a designated exclusive service territory is served by a person not authorized by the Public Utility Commission, the commission or the water...
• 758.320   Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations; existing franchise; exception.
  (1) The provisions of ORS 758.300 to 758.320 shall not be construed to restrict the powers granted to cities to issue franchises or to restrict...
• 758.400   Definitions for ORS 758.015 and 758.400 to 758.475.
  As used in ORS 758.015 and 758.400 to 758.475 unless the context requires otherwise: (1) “Allocated territory” means an area with boundaries established by a...
• 758.405   Purpose of ORS 758.400 to 758.475.
  The elimination and future prevention of duplication of utility facilities is a matter of statewide concern; and in order to promote the efficient and economic...
• 758.410   Contracts for allocation of territories and customers; transfer of facilities.
  (1) Any person providing a utility service may contract with any other person providing a similar utility service for the purpose of allocating territories and...
• 758.415   Enforceability of contract approved by commission; conditions for approval.
  Notwithstanding any other provisions of law, a contract entered into pursuant to ORS 758.410, when approved by the Public Utility Commission as provided in ORS...
• 758.420   Filing of contract; hearing on contract; notice.
  (1) A contract entered into pursuant to ORS 758.410 shall be promptly filed with the Public Utility Commission, and the commission shall, within 30 days...
• 758.425   Order of commission on contract.
  (1) On the basis of the applicant’s filing or, if there is a hearing, on the record made at the hearing held pursuant to ORS...
• 758.430   Amendment of contract; approval of commission.
  Any contract that has been approved as provided in ORS 758.400 to 758.475 may be subsequently amended by the parties thereto, but any such amendatory...
• 758.435   Application for allocation of territory; hearing; notice.
  (1) Any person providing a utility service in a territory that is not served by another person providing a similar utility service may make application...
• 758.440   Order of commission on application.
  (1) On the basis of the application, or, if there is a hearing, on the record made at the hearing held pursuant to ORS 758.435,...
• 758.445   Judicial review of order on application.
  An order of the Public Utility Commission under ORS 758.440 is subject to judicial review as an order in a contested case in the manner...
• 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...
• 758.455   Investigation by commission respecting contracts or applications; hearing procedure.
  (1) The Public Utility Commission may make such investigations respecting a contract or an application for the allocation of territory as the commission deems proper...
• 758.460   Assignment or transfer of rights acquired by allocation; approval of commission.
  (1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a...
• 758.465   Enforcement procedure.
  In the event a contract approved by the Public Utility Commission is breached or in the event an allocated territory is served by a person...
• 758.470   Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475.
  (1) ORS 758.015 and 758.400 to 758.475 shall not be construed or applied to restrict the powers granted to cities to issue franchises, or to...
• 758.475   Fees.
  Except in cases under ORS 758.430 and 758.460 where no hearing is required, to cover the costs of administering ORS 758.015 and 758.400 to 758.475...
• 758.480   Assumption of obligations arising out of Trojan Nuclear Plant.
  (1) As used in this section: (a) “Agreement” means the agreement dated October 5, 1970, and titled “Agreement for Construction, Ownership and Operation of the...
• 758.500   [1979 c.730 §2; 1981 c.714 §1; repealed by 1981 c.714 §5 and by 1983 c.799 §9]
• 758.505   Definitions for ORS 758.505 to 758.555.
  As used in ORS 758.505 to 758.555: (1) “Avoided cost” means the incremental cost to an electric utility of electric energy or energy and capacity...
• 758.510   [1979 c.730 §3; 1981 c.714 §2; repealed by 1981 c.714 §7 and by 1983 c.799 §9]
• 758.515   Legislative findings.
  The Legislative Assembly finds and declares that: (1) The State of Oregon has abundant renewable resources. (2) It is the goal of Oregon to: (a)...
• 758.520   [1979 c.730 §4; 1981 c.714 §3; repealed by 1981 c.714 §9 and by 1983 c.799 §9]
• 758.525   Avoided cost schedules; filing; requirement to purchase energy from qualifying facilities.
  (1) At least once every two years each electric utility shall prepare, publish and file with the Public Utility Commission a schedule of avoided costs...
• 758.530   [1979 c.730 §5; 1981 c.714 §4; repealed by 1981 c.714 §11 and by 1983 c.799 §9]
• 758.535   Criteria for qualifying facility; terms and conditions of energy sale.
  (1) The Public Utility Commission shall establish minimum criteria that a cogeneration facility or small power production facility must meet to qualify as a qualifying...
• 758.540   [1979 c.730 §6; repealed by 1981 c.714 §13]
• 758.545   Electric utility required to make good faith effort to transmit energy; remedy.
  (1) If an electric utility fails to make a good faith effort to comply with a request from a qualifying facility to transmit energy or...
• 758.550   [1979 c.730 §7; repealed by 1983 c.799 §9]
• 758.555   Effect of energy sales on qualifying facility.
  A qualifying facility shall not become a public utility within the meaning of ORS 757.005 on account of sales made under ORS 543.610, 757.005 and...
• 758.990   [Renumbered 757.992]

Last modified: August 7, 2008