OAR Chapter 860 — Public Utility Commission

Division 1 GENERAL

Or. Admin. R. 860-001-0000 Applicability and Waiver

(1) These rules govern practice and procedure before the Public Utility Commission of Oregon (Commission). The Commission will liberally construe these rules to ensure just, speedy, and inexpensive resolution of the issues presented. The Oregon Rules of Civil Procedure (ORCP) also apply in contested case and declaratory ruling proceedings unless inconsistent with these rules, a Commission order, or an Administrative Law Judge (ALJ) ruling.

(2) For limited purposes in specific proceedings, the Commission or ALJ may modify or waive any of the rules in this division for good cause shown. A request for exemption must be made in writing, unless otherwise allowed by the Commission or ALJ.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0010 Definitions

As used in this division:

(1) “Applicant” means a person requesting or applying for a right, privilege, power, or other authority, or seeking permission to exercise a right or privilege under a statute requiring the filing of an application.

(2) “Authorized representative” means a member of a partnership; an authorized officer or regular employee of a corporation, association, or organized group; an officer or regular employee of an organization affiliated with the party if the officer or employee is authorized to represent the party; or an authorized officer or employee of a governmental authority.

(3) “Complainant” means a person, including the Commission, who files a complaint under a statute providing for the filing of complaints before the Commission.

(4) “Contested case” has the meaning provided in ORS 183.310(2) and does not include rulemaking proceedings.

(5) “Days” means calendar days unless otherwise noted.

(6) “Intervenor” means a person who has intervened in the proceedings under OAR 860-001-0300.

(7) “Party” means a person entitled as a matter of right to a hearing before the Commission, an intervenor, or Commission Staff.

(8) “Person” has the meaning provided in ORS 756.010(5) as supplemented to include governmental entities.

(9) “Petitioner” means a person applying for permission to exercise a right, privilege, power, or other authority, or requesting a declaratory ruling under ORS 756.450.

(10) “Rulemaking” means proceedings to adopt, amend, or repeal a rule as set forth in ORS 183.335.

(11) “Staff” means an employee of the Commission except a Commissioner or an ALJ.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0020 Hours of Operation, Location, and Contact Information

(1) Office Hours: Commission offices are open to the public between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays as defined in ORS 187.010 or when the Commission’s office is closed by a Department of Administrative Services directive.

(2) Location and general contact information: The information included in this section is current at the time of rule adoption, but may change. Current information and additional contact information is available on the Commission's website: http://www.puc.state.or.us

(a) Physical Location: 201 High Street SE, Suite 100, Salem, OR 97301

(b) Mailing Address: PO Box 1088, Salem, OR 97308-1088.

(A) Local to Salem: (503) 373-7394, TTY (Oregon Relay Service): (800)-735-2900;

(B) Consumer Services: (800) 522-2404;

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0030 Notice of Commission Proceedings

(1) A person may request to receive electronic notice of:

(a) Commission public meetings;

(b) Permanent rulemaking proceedings that involve electric, natural gas, telecommunications, water, wastewater, or procedural matters; and

(2) A person without access to electronic mail may request that the Commission provide notice by first-class mail. The Commission may establish a fee for providing notice by mail.

(3) The Commission will not delete a name from a notice list without prior notification.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.335, 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0040 Commission Publications

The Commission will charge fees reasonably calculated to reimburse the agency for the costs of annual subscriptions, agency publications, and materials related to agency proceedings. These fees, which include mailing costs, are:

(1) Subscriptions to Commission orders: $100 (annually).

(2) Subscription to notices of hearings: $50 (annually).

(3) Administrative rules update service: $75 (annually).

(4) Bound volume of Oregon laws relating to the Commission: At cost.

(5) Maps of specific area boundaries: $20.

(6) Statistical reports: $15.

(7) Hearing transcripts: At cost. A copy of a public hearing transcript must be supplied to a party without cost if the party files with the Commission a satisfactory affidavit of indigency under ORS 756.521.

(8) Notice by mail of Commission proceedings under OAR 860-001-0030(2): $25 annually.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 192.420-192.505, 756.040 & 756.325
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0050 Late Fees and Penalties

(1) The Commission will impose the following late fees and penalties when applicable:

(a) Check returned for non-sufficient funds: $25.

(b) Costs incurred by the Commission to collect past-due amounts: At cost.

(2) The Commission will impose the following interest and penalties for the untimely payment of fees required by statute or rule:

(a) Annual Fees: No interest; 2 percent of fee as penalty per month.

(b) Residential Service Protection Fund (RSPF) payments: 9 percent interest per annum; 9 percent penalty of unpaid fee up to $500 maximum per reporting period.

(3) The Commission will impose the following fees for late-filed statements and reports:

(a) Electric company Annual Fee Statement: $100.

(b) Gas utility Annual Fee Statement: $100.

(d) Water utility Annual Fee Statement: $40.

(e) RSPF Remittance Report: $100.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.305 – 756.320
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0060 Public Records Requests

(1) This rule governs requests for access to the Commission’s public records under the Public Records Law, ORS 192.311 through 192.478.

(2) A person may request access to the Commission’s public records through its public records request platform found on the Commission's website. After receiving a request, the Commission will make public records available for inspection during regular business hours unless the records are exempt from disclosure by law.

(a) The Commission may condition the time and manner of inspection of public records as necessary to protect the records and to prevent interference with the regular discharge of the duties of the Commission and its employees.

(b) The request must be sufficiently specific to allow the Commission to readily identify the document or other material that contains the requested information. The Commission prefers and may require that a request for public records be made in writing through its public records request platform available on its website or at https://oregonpuc.govqa.us/WEBAPP/_rs/S(jxvvr34klemgj1vst5ll1aio))/SupportHome.aspx.

(c) The request must specify the format requested for copies and the date, if any, by which the records are needed. The Commission may provide the information in a format different than requested or provide the information after the requested date if it is impractical to comply with the requests.

(3) The Commission will charge fees reasonably calculated to recover the costs of providing access to and providing physical copies of public records. If records are provided through the public records request platform, there may be charges for employee time, but there will not be charges for physical copies.

(a) Employee time: The Commission will charge for employee time over 30 minutes spent preparing documents for inspection or supervising the inspection. Employee time will be charged in 15-minute increments at the following rates:

(A) Assistant Attorney General: At cost to PUC per hour, excluding time spent determining the application of ORS 192.311 through 192.478.

(B) Administrative Law Judge: $71 per hour.

(D) Utility Analyst: $53 per hour.

(E) Information Services: $47 per hour.

(F) Law Clerk: $25 per hour.

(G) General Clerical: $26 per hour.

(b) Photocopies: The Commission will charge $0.01 per page to recover the costs of providing black and white photocopies and $0.05 per page to recover the costs of providing color photocopies. Page refers to one side of a piece of paper. A double-sided copy is two pages.

(c) Certification of true copies of public documents must be specifically requested, and the Commission charges $10 per document certification.

(d) Facsimile: The Commission charges $0.75 per page for faxing records. The Commission will not fax more than 30 pages.

(e) Electronic Media: If the request seeks electronic reproduction of public records outside of the public records request platform, then the Commission will provide reproduction media at the following rates:

(A) CD or DVD: $0.75 each.

(B) USB flash drive: $5.00 each.

(f) Mailing: When sending voluminous records, the Commission will charge the actual costs of sending the public records.

(4) The Commission will provide notice of the estimated time to make records available and estimated costs of making records available for inspection or providing copies of records. If the estimated costs exceed $25, then the Commission will provide written notice and not act further to respond to the request until it receives written authorization to proceed. The Commission will require that all estimated fees and charges be paid before public records are made available for inspection or copies provided.

(5) If a public records request seeks the disclosure of information that has been designated as confidential under a protective order or under the Public Records Law, then prior to the release of the information the Commission will provide written notice to the person asserting confidentiality and allow an opportunity for the person to provide a written response to the request.

(a) The person asserting confidentiality must demonstrate that the information is exempt from disclosure.

(b) If the Commission concludes that the information designated as confidential is not protected from disclosure, then the Commission will provide notice of the decision and delay the release of the information to permit the person asserting confidentiality to seek a court order to protect the records from disclosure.

(c) If the person asserting confidentiality consents in writing to the release of the information or does not commence court proceedings to limit disclosure within 10 days following notice of the decision, then the Commission will remove the confidential designation from the requested information and release the information to the requester.

(6) A person denied the right to inspect or to receive a copy of a public record may appeal the Commission’s decision to the Attorney General under ORS 192.411.

History

Statutory/Other Authority: ORS 756.040, 756.060
Statutes/Other Implemented: ORS 192.311-192.478
PUC 6-2020, amend filed 11/06/2020, effective 11/06/2020
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0070 Confidential Information

(1) This rule applies to information submitted under a claim of confidentiality under the Public Records Law, but does not apply to information designated as confidential under a protective order in a contested case proceeding.

(2) At the time of submission, a person may designate a document or portion of a document as containing confidential information. A designation must be made in good faith and be limited to information that qualifies for protection. The person asserting confidentiality must state the legal basis for the claim of confidentiality.

(3) Unless otherwise provided by Commission order, confidential information submitted under this rule must be clearly labeled on each electronic page as confidential and identified as confidential in the document name, or printed on yellow paper, separately bound, and placed in a sealed container or provided on a portable data storage device clearly labeled with the word CONFIDENTIAL and placed in a sealed container. Spreadsheets containing confidential information must be labeled with “confidential” in the header or footer. To the extent practicable, the provider must place only the portions of the document that contain confidential information in the container. The confidential information on each page must be clearly marked by inserting [Confidential] before and after the portion of information that is confidential. The container must be marked “CONFIDENTIAL.” Multiple sealed containers may be mailed in one package.

(4) Confidential information submitted to the Commission is exempt from public disclosure to the extent provided under the Public Records Law, ORS 192.410 through 192.505.

(5) Any failure to comply with the requirements in this rule may result in the submission not being treated as including confidential information or being returned to the provider for correction and resubmission.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 192.420-192.505 & 756.040
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0080 Protective Orders

(1) Protective Orders. The Commission’s protective orders govern the access and use of protected information in Commission proceedings. The purpose of a protective order is to allow parties, including any party that is a limited procedural intervenor and any utility making the filing initiating a proceeding under OAR 860-001-0205, the ability to review protected information while ensuring that it is not disclosed publicly. A general protective order sets forth the processes for a person to become qualified to access protected information, to designate and handle protected information, and to challenge the designation of protected information. For good cause shown, a modified protective order may include specialized restrictions on access to certain highly protected information.

(2) General Protective Order. A party may file a motion for a general protective order when it expects a filing or discovery will involve information that falls within the scope of ORCP 36(C)(1). The general protective order, as adopted by the Commission, is available on the Commission’s website and by request from the Administrative Hearings Division.

(a) The motion for a general protective order must be made in writing unless otherwise allowed by the Commission or ALJ consistent with OAR 860-001-0420(1).

(b) An ALJ may issue a general protective order immediately upon receipt of the motion to facilitate filing of protected information and discovery. Pending the ALJ’s issuance of a general protective order, the information at issue need not be released.

(c) The general protective order sets forth the processes for parties to dispute a proposed signatory to a protective order or to challenge the designation of specific information as protected.

(3) Modified Protective Order. A party may file a motion under OAR 860-001-0420 for a modified protective order that provides additional protection beyond that provided by the general protective order. A modified protective order may also combine the terms of the general protective order with special provisions for highly protected information, if a party seeks to have one consolidated protective order. A modified protective order provides that certain information is designated as highly protected information. A modified protective order may limit the persons that may access the highly protected information or designate the time or place or special handling for highly protected information. A modified protective order may also require signatories to make a more specific certification that they have a legitimate and non-competitive need for the designated information and not simply a general interest in the proceeding, and that they intend to be actively involved in the docket by filing written materials and participating in proceedings.

(a) The motion for a modified protective order must be made in writing unless otherwise allowed by the Commission or ALJ consistent with OAR 860-001-0420(1).The motion must include:

(A) The parties and the exact nature of the information involved;

(B) The legal basis for the claim that the information is protected under ORCP 36(C)(1) or the Public Records Law;

(D) The specific reasons the requested relief is necessary;

(E) A detailed description of the intermediate measures, including selected redaction, explored by the parties and why these measures are insufficient;

(F) A certification that the requesting party conferred with the other parties regarding the request for a modified protective order indicating whether the parties support the motion; and

(G) A draft of the requested modified protective order.

(b) If the motion is being filed prior to parties being identified, the Filing Center will serve the motion to the generic industry list.

(c) The ALJ will provide expedited review of any motion for modified protective order and may issue a modified protective order within 3 business days to facilitate filing of protected information and discovery. Pending the ALJ’s issuance of a modified protective order, the information at issue need not be released.

(d) As a substantive motion, any response to a motion for a modified protective order regarding the terms of the modified protective order must be filed within 15 days of filing of the motion, and the moving party may file a reply within 7 days, consistent with OAR 860-001-0420(4) and (5). A modified protective order will set forth separate processes for parties to dispute a proposed signatory to the protective order, or to challenge the designation of information as protected or highly protected.

(e) When a response is filed to the motion for modified protective order, the ALJ will conduct a de novo review of the terms of the modified protective order. The ALJ will issue a ruling explaining the ALJ’s determination. If the ALJ’s determination requires changes to the terms of the modified protective order previously issued, the ALJ will issue an amended modified protective order, explaining if signatory pages need to be refiled.

(f) Under OAR 860-001-0110, a party may request that the ALJ certify to the Commission the determination resulting from the de novo review. A party must make this certification request within 15 days of the date of service of the applicable ALJ’s decision.

(g) If a modified protective order requires signatories to certify active participation in the proceeding,

(A) A certifying party may decertify itself as eligible to receive information under the modified protective order; or

(B) A certifying party may be decertified as eligible to receive information under the modified protective order after a motion by another party or the ALJ’s own motion for failing to fully participate in the proceeding. A certifying party who is the subject of a motion to decertify may file a response within 15 days of the motion to decertify.

(4) A party alleging that the terms of a protective order have been violated may file a complaint under ORS 756.500, or the Commission may, on the Commission’s own initiative, file such complaint. Any person that fails to comply with the terms of a protective order may be subject to sanctions. Depending upon the severity of the violation, the Commission may impose any sanction it deems appropriate, up to and including:

(a) Issuing a public reprimand;

(b) Expelling the person or associated party from the proceeding in which the protective order was violated;

(d) Imposing penalties under ORS 756.990(2)(c); or

(e) Reporting any attorney that violated the protective order to the bar association in all states where the attorney is admitted to practice law.

History

Statutory/Other Authority: ORS 756.040 & ORS 756.060
Statutes/Other Implemented: ORCP (36), ORS 756.040, ORS 756.055 & ORS 756.990
PUC 2-2026, amend filed 03/23/2026, effective 03/23/2026
PUC 1-2020, amend filed 01/16/2020, effective 01/16/2020
PUC 6-2015, f. & cert. ef. 8-26-15
PUC 4-2012, f. & cert. ef. 4-17-12
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0090 Delegation of Authority to Administrative Law Judge

(1) The Commission delegates to the ALJ authority to:

(a) Regulate the course of rulemaking, contested case, and declaratory ruling proceedings, including scheduling, recessing, reconvening, and adjourning hearings;

(b) Administer oaths;

(d) Make evidentiary rulings;

(e) Supervise and control discovery;

(f) Hold appropriate conferences before, during, or after hearings;

(g) Decide procedural matters, but not to grant contested motions to dismiss or other contested motions that involve final determination of the proceedings;

(h) Change filing deadlines;

(i) Grant waivers of rules;

(j) Certify a question to the Commission for consideration and disposition;

(k) Determine the order in which evidence will be presented;

(l) Issue a protective order to limit disclosure of confidential information; and

(m) Take any other action consistent with the duties of an ALJ.

(2) The ALJ must conduct proceedings in a fair and impartial manner and maintain order. If a person engages in conduct that interferes with this duty, then the ALJ may suspend the proceeding or exclude the person from the proceeding.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040, 756.055 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0100 Impartiality

(1) An ALJ may be disqualified from presiding over specific proceedings for the same reasons and under the same circumstances as specified in JR 3.10. of the Oregon Code of Judicial Conduct.

(2) A party may move for disqualification of an ALJ if the ALJ’s impartiality may reasonably be questioned. The motion must be filed within 15 days after the party learns of the facts supporting the disqualification and contain grounds for supporting the motion. Written responses to the motion for disqualification must be filed within 7 days of receipt of the motion. An ALJ other than the presiding ALJ will rule on the motion.

(3) The parties may waive any ground for disqualification after it is fully disclosed on the record, either expressly in writing or orally on the record, or by failing to move for disqualification within the time limits in section (2) of this rule.

(4) An ALJ’s disqualification does not automatically affect the validity of rulings or orders issued prior to the filing of the motion for disqualification.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040, 756.055 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0110 Appeal to the Commission from Ruling of Administrative Law Judge

(1) A party may request that the ALJ certify an ALJ’s written or oral ruling for the Commission’s consideration. A party must request certification of a ruling within 15 days of the date of service of the ruling or date of the oral ruling.

(2) The ALJ must certify the ruling to the Commission under OAR 860-001-0090 if the ALJ finds that:

(a) The ruling may result in substantial detriment to the public interest or undue prejudice to a party;

(b) The ruling denies or terminates a person’s participation; or

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0120 Grant Eligibility (Precertification and Case Certification)

(1) Under ORS 757.072, a utility providing electricity or natural gas may enter into a written agreement to provide financial assistance to an organization that represents broad customer interests in Commission proceedings.

(2) Upon Commission approval of an agreement, the Commission will apply the qualifications in this rule to determine whether an organization is eligible for a grant of financial assistance. Only parties that are precertified or parties that become case certified for particular proceedings are eligible to receive grants under an agreement. The terms of an agreement are binding on all organizations seeking a grant under that agreement and will be followed by the Commission in administering the agreement. Once precertified, an organization remains precertified unless the Commission decertifies the organization under OAR 860-001-0130.

(3) An agreement may allow organizations to seek precertification as eligible to receive grants. The Commission will precertify only organizations meeting the following criteria:

(a) The Citizens' Utility Board of Oregon (CUB), as a representative of residential customers; or

(b) Nonprofit organizations that meet the following criteria:

(A) A primary purpose of the organization is to represent utility customers' interests on an ongoing basis;

(B) The organization represents the interests of a broad class of customers and those interests are primarily directed at public utility rates or terms and conditions of service affecting those customers, and not narrow interests or issues that are ancillary to the representation of those customers as consumers of utility services;

(C) The organization demonstrates that it is able to effectively represent the particular class of customers it seeks to represent;

(D) The organization’s members are customers of one or more of the utilities that are parties to the applicable agreement and contribute a significant portion of the overall support and funding of the organization's activities in the state; and

(E) The organization has demonstrated in past Commission proceedings the ability to substantively contribute to the record on behalf of customer interests.

(4) An agreement may allow organizations to seek certification on a case-by-case basis as eligible to receive a grant. The Commission will case certify only those organizations meeting the following criteria:

(a) The organization is a nonprofit organization, demonstrates that it is in the process of becoming a nonprofit organization, or is comprised of multiple customers of one or more of the utilities that are parties to the agreement and demonstrates that a primary purpose of the organization is to represent broad utility customer interests;

(b) The organization represents the interests of a broad class of customers and its participation in the proceedings will be primarily directed at public utility rates or terms and conditions of service affecting those customers, and not narrow interests or issues that are ancillary to the effect of the rates and terms and conditions of service on those customers;

(c) The organization demonstrates that it is able to effectively represent the particular class of customers it seeks to represent;

(d) Those members of the organization who are customers of one or more of the utilities that are affected by the proceedings and are parties to the agreement contribute a significant percentage of the overall support and funding of the organization;

(e) The organization demonstrates or has demonstrated in past Commission proceedings the ability to substantively contribute to the record on behalf of customer interests related to rates and the terms and conditions of service, including in proceedings in which the organization was case certified and received a grant;

(f) The organization demonstrates that:

(A) No precertified intervenor participating in the proceedings adequately represents the specific interests of the class of customers represented by the organization; or

(B) The specific interests of a class of customers will benefit from the organization's participation; and

(g) The organization demonstrates that its request for case certification will not unduly delay the proceedings.

History

Statutory/Other Authority: ORS 756.040, 756.060 & 757.072
Statutes/Other Implemented: ORS 756.040, 756.055 & 757.072
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0130 Termination of Eligibility; Decertification

(1) Upon the filing of a complaint under ORS 756.500 or upon a Commission investigation or motion under 756.515, the Commission may terminate the precertification or case certification of an organization if it finds that:

(a) The organization has committed fraud, misrepresentation, or misappropriation related to a grant made available under the terms of a Commission-approved agreement;

(b) The organization received a grant in Commission proceedings, but during those proceedings failed to represent the interests of the broad class of customers that the organization purported to represent in its application for precertification or case certification;

(d) The organization violated the terms and conditions of a protective order governing the use and disclosure of confidential information;

(e) For CUB, there has been a substantial change in or repeal of ORS 774.010 through 774.990; or

(f) A precertified organization other than CUB no longer meets the criteria of OAR 860-001-0120(3).

(2) An intervenor that is decertified under paragraph (1)(d) is ineligible for future precertification or case certification under the agreement.

(3) Termination of the precertification or case certification of an organization is prospective only.

History

Statutory/Other Authority: ORS 756.040, 756.060 & 757.072
Statutes/Other Implemented: ORS 756.040, 756.055 & 757.072
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0140 General

(1) The Commission requires the use of its Filing Center for the filing of documents in agency proceedings. Contact information for the Filing Center is as follows:

(a) Electronic mail: PUC.FilingCenter@state.or.us.

(b) Phone: (503)378-6678 Fax: (503) 378-6163.

(d) Delivery Address: Filing Center, Public Utility Commission of Oregon, 201 High Street SE, Suite 100, Salem, OR 97301.

(2) Documents submitted to the Commission must include the name of the person submitting the document, the person’s physical and electronic mail addresses, and the person’s telephone number. If applicable, the name of the business or organization that person represents must also be included.

(3) If possible, documents should fit on an 8-1/2 by 11-inch page and have at least 1 inch margins when printed.

(4) When the filing or serving of physical copies is required, the Commission encourages the use of recycled paper and printing on both sides of the page. Tariff filings of 100 pages or more must be filed single-sided.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 - 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0150 Filing Dates

(1) Except as modified by statute or by the rules in this division, a document is filed on the date received by the Commission at Salem, Oregon, between the hours of 8 a.m. and 5 p.m., Pacific Time.

(2) The period of time for doing an act governed by these rules is determined by excluding the first day and including the last day. For example, if a motion is filed on September 18, then any response (due 15 days after filing of the motion) must be filed by October 3. If the due date falls on a Saturday, Sunday, legal holiday as defined in ORS 187.010, or when the Commission office is closed by a Department of Administrative Services directive, then the filing is due on the next business day.

(3) Filings that are incomplete or not in substantial compliance with these rules, Commission orders, ALJ rulings, or statutes may be declined or conditionally accepted. The Commission must provide the reason for declining or conditionally accepting a filing to the filer.

(4) Documents required to be filed within a specified time but that fail to substantially comply with these rules may be accepted as conditionally received to meet the filing deadline.

(5) Conditionally received filings are not considered officially filed until brought into substantial compliance with these rules, the Commission’s orders, ALJ rulings, and statutes. Conditionally received filings may be rejected unless brought into compliance within one business day of notice of the deficiency. A filer must file an amended or corrected filing to bring a conditionally accepted filing into compliance.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0160 Filing Requirements in Rulemaking Proceedings

(1) Written comments on proposed rules and other documents submitted in rulemaking proceedings must be filed with the Filing Center at the address listed in OAR 860-001-0140. Filing by electronic mail is preferred, but physical documents will be accepted.

(a) To be considered by the Commission, a document must be received by the deadline for the submission of written comments specified in the notice of proposed rulemaking.

(b) Documents must include the docket number assigned by the Commission to the rulemaking proceedings.

(2) Written comments on a proposed rule must comply with OAR 860-001-0210(3).

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 - 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0170 Filing Requirements in Contested Case and Declaratory Ruling Proceedings

(1) Every pleading or other document submitted to the Commission in contested case or declaratory ruling proceedings must be filed electronically with the Filing Center on or before the date due. All filings must be labeled with the applicable docket number, a description of the filing, and the date filed. Electronic copies of non-confidential documents must not be password protected, or have any PDF security features enabled.

(a) Documents may be electronically filed by sending the filing as an attachment to an electronic mail message addressed to the Filing Center or by personally delivering or mailing a portable data storage device to the Filing Center. If a portable data storage device is delivered or mailed to the Filing Center, it must be received on or before the date due to be considered timely filed.

(b) Electronic copies of documents must be in text-searchable format and provided in either Microsoft Word, Microsoft Excel, or .pdf (Adobe Acrobat) format, unless otherwise permitted by the ALJ.

(c) An electronic mail message to the Filing Center and its attachments must be less than 20 megabytes in size. Filings larger than 20 megabytes may be divided into multiple electronic mail messages. Each message must be numbered sequentially, and the subject line of the message must include “E-mail x of y,” where x equals the message number and y equals the total number of messages. Filings larger than 20 megabytes may also be provided to the Filing Center on a portable data storage device.

(d) The subject line of each electronic mail message to the Filing Center must include the docket number (if one is assigned), the party name or identifier, and the title or type of filing. For example, for a brief filed by the Citizens’ Utility Board of Oregon in UE XXX, the subject line is UE XXX CUB Brief; and for a new application from NW Natural for financing authorization, the subject line is NWN New UF Application.

(e) If a document relates to multiple dockets that are officially consolidated, then the filer should file the document in the lead docket only. If a document relates to multiple dockets that are not officially consolidated, then the filer must file the document in each docket, even if all dockets are following the same procedural schedule.

(f) When electronically filing a redacted version of a filing that contains confidential information, the filer must file the confidential version so that it is received by the Filing Center within 2 business days after the date the redacted version was electronically filed.

(g) When filing a document that is entirely confidential, the filer must electronically file a cover letter. The filer must file the confidential version so that it is received by the Filing Center within 2 business days after the date that the cover letter was electronically filed.

(2) Parties must supplement an electronic filing with physical copies of certain filings. For general rate revisions filed under OAR 860-022-0019, integrated resource plans filed under OAR 860-038-0080, the utility must provide 20 physical copies. For filings of more than 100 pages, parties must coordinate with the Filing Center to determine the number of physical copies to be filed.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 - 756.575
PUC 1-2018, minor correction filed 03/20/2018, effective 03/20/2018
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0180 Service in Contested Case and Declaratory Ruling Proceedings

(1) The Commission maintains an official service list for each contested case and declaratory ruling proceeding. The service list is posted on the Commission’s website or may be obtained by contacting the Filing Center.

(a) Each party must identify at least one party representative to receive service, and may identify no more than three party representatives to receive service.

(b) Parties may designate party representatives in an initiating pleading, petition to intervene, or separate document. Parties must notify the Filing Center in writing of any change in contact information.

(2) Except as otherwise provided by statute or rule, a party completes service of any document by filing it electronically with the Filing Center.

(3) A party need only serve physical copies of a document in person, by first-class mail, or by any other reasonable means of delivery if:

(a) The document contains information that has been designated as confidential under a general protective order, and the protective order requires service of physical copies;

(b) The filing is more than 100 pages, unless the party has requested not to receive physical service of voluminous filings;

(d) Physical service is required by rule or statute.

(4) Service of physical copies of a document is considered timely if the copy is received within two business days of the date the document was filed with the Filing Center.

(5) If service of physical copies is required in a contested case or declaratory ruling proceeding, then the filer must include a certificate of service with its filing to the Filing Center. The certificate must include the means of physical service, date of physical service, a list of the party representatives and addresses served, and a certifying signature.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0200 Public Participation

The Commission may informally seek public input before giving notice of intent to adopt, amend, or repeal a rule. A person may request to be notified of informal opportunities for public input by requesting to be placed on a notification list described in OAR 860-001-0030(1)(b).

History

Statutory/Other Authority: ORS 183.341, 756.040 & 756.060
Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0205 Information Requests in Resource Planning and Competitive Bidding

(1) This rule applies to proceedings before the Commission that concern the review of an Integrated Resource Plan (IRP), an IRP Update and a Clean Energy Plan as those terms are defined in OAR 860-090-0020, and a resource acquisition that is subject to the Commission’s competitive bidding rules in OAR Chapter 860, Division 89.

(2) For purposes of this rule, “energy utility” has the same meaning as provided in OAR 860-090-0020.

(3) Any person who meets the requirements of this rule may request information that is commensurate with the need to provide relevant comment on a pending filing subject to this rule, and that is also commensurate with the resources available to the requester and the recipient and the importance of the issues to which the request relates.

(a) To request information under this section, a person, other than the energy utility that made the filing initiating a proceeding under this rule, must first intervene as a party in the proceeding for limited procedural purposes. Intervention is not necessary to otherwise participate in the proceeding, including for activities such as attending a workshop, submitting written comments or providing oral comments to the Commission at a public meeting. Commission Staff may request information without intervening.

(A) An interested person may intervene as a party for limited procedural purposes in a proceeding subject to this rule by following the procedures outlined in this Division for petitions to intervene in contested case proceedings.

(B) The assigned administrative law judge may grant a petition to intervene for limited procedural purposes only. Limited procedural intervenor (LPI) status allows that person to be placed on the service list and to request information as provided in this rule. A person with LPI status may also be eligible to sign a protective order issued by the administrative law judge and access confidential information related to the utility’s filing. Limited procedural intervenor status granted under this rule does not confer the general rights and duties of individuals who participate in contested case proceedings.

(b) Commission Staff, an energy utility that made the filing initiating a proceeding under this rule, and any person holding LPI status may submit information requests to one another in the form of either written interrogatories or requests for the production of documents. A requester must serve the request on the energy utility, Commission Staff and any person holding LPI status in the proceedings. For nonconfidential requests, service may be made by electronic mail or by electronic mail notification of upload to a designated shared workspace for information requests and responses. If the request contains confidential information, then a complete copy must be served on those eligible to receive confidential information under the terms of a protective order and a redacted copy to all others. The complete confidential copy must be served using the means identified in the protective order. Nonconfidential responses submitted to Commission Staff must be sent to PUC.Datarequests@puc.oregon.gov. If a designated shared workspace is being used for requests and responses, the notification of uploaded information requests and responses must be sent to PUC.Datarequests@puc.oregon.gov.

(c) Information requests that are unreasonably cumulative, duplicative, burdensome, or overly broad are not allowed. Instructions and definitions included in information requests must be consistent with the rules of the Commission under OAR Chapter 860 and ORS Chapters 469A, 756, 757 and 758.

(4) Commission Staff, the energy utility, and any person holding LPI status who receives an information request must answer the information request within 14 days from the date of service, except as may otherwise be agreed to by the requester. Each request must be answered fully and separately in writing or by production of documents, or objected to in writing.

(a) Privileged material is not required to be disclosed except when disclosure is consistent with the Oregon Evidence Code, ORS 40.225 to 40.295.

(b) Commission Staff, the energy utility, and any person holding LPI status will not be required to develop information or prepare a study in response to an information request, unless the capability to prepare the study is possessed uniquely by the entity receiving the request, the request is not unduly burdensome, and the information sought has a high degree of relevance to the issues in the proceeding.

(c) Commission Staff, the energy utility, and any person holding LPI status answering an information request must provide a response or an electronic mail notification of upload to a designated shared workspace to the requester and to Commission Staff, the energy utility and all persons with LPI status that filed a written request for a copy of the response. A person holding LPI status must agree to be bound by the applicable protective order to be eligible to receive a response containing confidential information.

(5) Information requesters and the recipients of information requests must make every effort to engage in the cooperative exchange of information and to resolve disputes themselves. If an energy utility receives an information request that is likely to lead to a dispute, then the energy utility must inform the requester of the dispute as soon as practicable and attempt to resolve it informally.

(6) If the information requester and the recipient of the request are unable to resolve a dispute informally, then either the requester or the recipient may request that the ALJ assigned to the docket conduct a conference to facilitate the resolution of the dispute. A requester must identify for the ALJ the specific information sought and describe the efforts of those involved to resolve the dispute informally.

(7) A requester may file a motion with the Commission to compel a response to its request, seeking an order directing the receiving entity to respond to an information request. The motion must contain a certification that the requester has conferred with the recipient but has been unable to resolve the dispute. Motions under this rule are subject to the same requirements for motions in a contested case under OAR 860-001-0420.

(8) An assertion that information responsive to an information request is confidential may not be used to delay the request process. However, a request recipient will not be required to provide responsive information that it claims is inadequately protected until such time as its claim for the need for a general protective order or a modified protective order is resolved. If the recipient believes that a response to a request involves confidential information that is inadequately protected by the safeguards existing in the docket, the recipient must notify the requester of this belief as soon as practicable and, if appropriate, promptly move for an appropriate protective order under OAR 860-001-0080.

(9) Except when requested by the Commission or ALJ, or when seeking resolution of a dispute under these rules, information requests are not filed with the Filing Center or provided to the ALJ.

(10) A person holding LPI status may submit information requests and the answers to those requests when commenting on a filing. Any objection to substance or form of a request or answer must be attached with specific reference and grounds.

(11) Upon a motion by a requester or the recipient, or their own motion, the assigned ALJ may impose sanctions for the failure or refusal to comply with an oral or written ruling resolving a dispute under this rule. The ALJ may impose sanctions including withdraw of approval of a petition to intervene or striking of a filing in the docket.

History

Statutory/Other Authority: ORS 756.040 & ORS 756.060
Statutes/Other Implemented: ORS 756.040, ORS 756.105 & ORS 756.115
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-001-0210 Permanent Rulemaking Notice

(1) The Commission will give notice of a proposed permanent rulemaking by:

(a) Publishing notice of the rulemaking in the Secretary of State’s Oregon Bulletin; and

(b) Mailing, electronically mailing, or personally delivering a copy of the proposed rule and a copy of the Secretary of State notice to persons on the Commission’s applicable rulemaking notification lists and legislators specified in ORS 183.335(15). Instead of providing a copy of the proposed rule, the Commission may provide a summary of the rule and explain how to obtain a copy by mail, electronic mail, or from a specified website.

(2) The notice of proposed permanent rulemaking must include:

(a) A statement summarizing the subject matter, purpose, and need for the proposed rule;

(b) The last date for comment on the proposed rule;

(d) A statement of fiscal impact quantifying the economic effect of the proposed rule.

(3) Any person may file written comments on the proposed rule by the date identified in the rulemaking notice.

(a) Written comments must be filed as set forth in OAR 860-001-0160.

(b) Written comments must identify:

(A) The name and address of the person;

(B) The name of any business or organization the person represents;

(D) The portion of the proposed rule to which the comments are directed. If applicable, the person should also provide alternative language for the proposed rule to address any concern.

(4) An objection to a fiscal impact statement must be filed in writing and must:

(a) Identify the portion of the fiscal impact statement to which objection is made;

(b) Identify the persons likely to be affected by the proposed rule on whose behalf the objection is filed or, if filed by an association, identify the number of members of the association who are likely to be affected by the proposed rule;

(d) Explain the objection to the fiscal impact statement; and

(e) Be filed as set forth in OAR 860-001-0160.

(5) If the Commission determines that the original fiscal impact statement does not adequately reflect the proposed rule's fiscal impact, then the Commission must file an amended fiscal impact statement, extend the comment period as required by ORS 183.333(5), and give notice of the extended comment period to persons identified in subsection (1)(b).

History

Statutory/Other Authority: ORS 183.341, 756.040 & 756.060
Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0220 Conduct of Rulemaking Hearing

(1) All persons wanting to comment during a rulemaking hearing must provide their name, address, and affiliation. The ALJ may also require that additional information be provided. Additional persons may be heard at the discretion of the ALJ.

(2) The ALJ may question any person commenting at the hearing. The ALJ may also permit other persons to question the person commenting.

(3) A person may present comments once during the hearing unless otherwise requested or permitted by the ALJ.

(4) The hearing may be continued with recesses as determined by the ALJ until all persons have had an opportunity to offer comments.

(5) The ALJ must, when practicable, receive all physical and documentary information presented by persons offering comments.

(6) The ALJ may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial comments.

(7) The ALJ must make a record of the proceeding by audio or video tape recording, stenographic reporting, or minutes.

History

Statutory/Other Authority: ORS 183.341, 756.040 & 756.060
Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0230 Rulemaking Record

(1) The Commission must maintain a record of comments it receives in response to a notice of intent to adopt, amend, or repeal a rule filed under OAR 860-001-0210.

(2) The rulemaking record is maintained by the rules coordinator. The Commission must make the rulemaking record available to members of the public upon request.

(3) The rulemaking record must include:

(a) Any written and oral comments received in response to the notice of proposed rulemaking;

(b) The required rulemaking documents filed with the Secretary of State; and

History

Statutory/Other Authority: ORS 183.341, 756.040 & 756.060
Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0240 Rulemaking Action

(1) At the conclusion of the hearing or after the last date for submitting comments, the Commission may adopt, amend, or repeal rules covered by the notice of proposed rulemaking. The Commission must fully consider all written and oral comments.

(2) The Commission must file a certified copy of each adopted or amended rule and each order repealing a rule with the Secretary of State.

(3) The rule is effective upon filing with the Secretary of State unless a different effective date is specified in the rule.

(4) Within 10 days of filing with Secretary of State, the Commission must submit a copy of each adopted or amended rule or order appealing a rule to the Legislative Counsel as set forth in ORS 183.715.

History

Statutory/Other Authority: ORS 183.341, 756.040 & 756.060
Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0250 Petition to Promulgate, Amend, or Repeal Rule

A person may petition the Commission to promulgate, amend, or repeal a rule. A petition to promulgate, amend, or repeal a rule must comply with OAR 137-001-0070.

History

Statutory/Other Authority: ORS 183.341, 756.040 & 756.060
Statutes/Other Implemented: ORS 183.390 & 756.040
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0260 Temporary Rulemaking

(1) Under ORS 183.335(5), the Commission may temporarily adopt, amend, or suspend a rule without prior notice of hearing or on abbreviated notice of hearing. If no notice is provided before adoption of a temporary rule, then the Commission must give notice of its temporary rulemaking as specified in 183.335(1) by mailing, electronically mailing, or personally delivering a copy of the rule as adopted and a copy of the statements required under 183.335(5). Instead of providing a copy of the temporary rule, the Commission may provide a summary of the temporary rule and explain how to obtain a copy by mail, electronic mail, or from a specified website.

(2) The agency must file with the Secretary of State a certified copy of the temporary rule and a copy of the statement required by ORS 183.335(5).

(3) A temporary rule is effective for 180 days unless a shorter period is specified in the temporary rule or the certificate of filing for the temporary rule.

History

Statutory/Other Authority: ORS 183.341, 756.040 & 756.060
Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0300 Practice Before the Commission

Participation in Contested Case and Declaratory Ruling Proceedings; Intervention

(1) Under ORS 774.180, the Citizens’ Utility Board has the right to intervene in any Commission proceedings by filing a notice of intervention that includes the names and addresses of the representatives to be included on the service list.

(2) Any other person may file a petition to intervene in contested case proceedings before the Commission. A sample petition to intervene forms may be obtained by contacting the Administrative Hearings Division at puc.hearings@state.or.us or (503) 378-6678. The petition to intervene must contain the following information:

(a) The petitioner’s name and contact information, including telephone number, physical address, and electronic mail address;

(b) The name and contact information of the petitioner’s attorney or authorized representative, including telephone number, physical address, and electronic mail address;

(d) The nature and extent of the petitioner’s interest in the proceedings;

(e) The issues petitioner intends to raise at the proceedings; and

(f) Any special knowledge or expertise of the petitioner that would assist the Commission in resolving the issues in the proceedings.

(3) Staff and parties named in the pleading initiating Commission action are original parties and need not petition to intervene. All original parties must provide the Commission with the names and contact information, including telephone number, physical address, and electronic mail address, of the party representatives to be included on the service list.

(4) Any person may file a petition to intervene in declaratory ruling proceedings before the Commission. In addition to the requirements in section (2) of this rule, the petition to intervene must also state whether the intervenor accepts:

(a) The statement of facts as set forth in and for the purposes of the petition for declaratory ruling; and

(b) The statement of the questions presented in the petition for declaratory ruling.

(5) A party may object to a petition to intervene. Objections must be filed within 10 days of the filing of the petition to intervene unless otherwise directed by an ALJ. The petitioner may file a reply to an objection within 7 days of the filing of the objection.

(6) If the Commission or ALJ finds the petitioner has sufficient interest in the proceedings and the petitioner’s appearance and participation will not unreasonably broaden the issues, burden the record, or delay the proceedings, then the Commission or ALJ must grant the petition. The Commission or ALJ may impose appropriate conditions upon any intervenor’s participation in the proceedings, such as restricted access to confidential information. The ALJ may rule on a petition to intervene at a prehearing conference.

(7) A person may ask to be listed as an “interested person” in a particular proceeding. An interested person receives electronic mail notifications of filings made and documents issued by the Commission or ALJ in that particular proceeding. An interested person is not a party to the proceeding, and is not entitled to file pleadings, present evidence for the record, conduct cross-examination of witnesses, become a signatory to a protective order, or file briefs.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.417, 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0310 Representation and Ethical Conduct

(1) All persons appearing in proceedings in a representative capacity must conform to the standards of ethical conduct required of attorneys appearing before the courts of Oregon. If a person does not conform to these standards, then the Commission may decline to permit the person to appear in a representative capacity in any proceedings.

(2) Except for Staff, a party to contested case proceedings may be represented by an authorized representative who is not an attorney.

(a) A party’s initial pleading in the proceedings must designate the party’s authorized representative.

(b) The ALJ has authority to limit an authorized representative’s presentation of evidence, examination, and cross-examination of witnesses, or presentation of factual arguments to ensure the orderly and timely development of the hearing record. The ALJ may not allow an authorized representative who is not an attorney to present legal argument except to the extent authorized in ORS 183.457.

(3) Staff may represent the Commission in a contested case hearing in the following proceedings:

(a) Actions initiated by the Commission to recover telecommunications assistive devices, the value of devices which the recipients fail to return, or the cost of repairing equipment that the recipient returned in a damaged condition; and

(b) Denial or termination of Oregon Telephone Assistance Program benefits.

(4) Staff acting under the provisions of section (3) may not give legal advice to the Commission and may not present legal argument in contested case hearings, except to the extent authorized by this section.

(a) “Legal Argument” includes arguments on:

(A) The jurisdiction of the Commission to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to the Commission

(b) “Legal Argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions to the Commission in handling similar situations;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the hearing.

(5) If the ALJ determines that statements or objections made by Staff appearing under section (3) involve legal argument as defined in this rule, the ALJ will provide reasonable opportunity for Staff to consult with the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.452-183.458, 756.040 & 756.500 - 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 1-2014, f. & cert. ef. 1-9-14
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0320 Appearance of Attorneys; Pro Hac Vice

(1) To make legal arguments or sign legal documents in Commission proceedings, an attorney must be in good standing with the Oregon State Bar or appear pro hac vice.

(2) A motion to appear pro hac vice before the Commission must contain the following:

(a) A certificate of compliance for pro hac vice admission, available on the Oregon State Bar website, which includes most of the Uniform Trial Court Rule (UTCR) 3.170(1) requirements;

(b) A certificate of good standing from the bar association in the jurisdiction in which the attorney regularly practices; and

(c) If the attorney’s appearance before the Commission constitutes the private practice of law under ORS 9.160 and related statutes, a certificate of insurance covering the attorney’s activities in this state and providing professional liability insurance substantially equivalent to the Oregon State Bar Professional Liability Fund Plan.

(3) The applying attorney must associate with a member in good standing of the Oregon State Bar who must participate meaningfully in the matter. Applications must be made on a case-by-case basis. Each application is good for one attorney for a single case for one year. For cases continuing for over one year, an attorney appearing pro hac vice must file a new pro hac vice application to continue to participate in the case.

(4) A fee is not required. Additional guidance is provided by UTCR 3.170, which can be found on the Oregon State Bar website.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.457, 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0330 Former Employees

(1) A former Commission employee may not appear on behalf of other parties in contested case or declaratory ruling proceedings in which the former employee took an active part on the Commission’s behalf.

(2) Except with the Commission’s written permission, a former Commission employee may not appear as a witness on behalf of other parties in contested case proceedings in which the former employee took an active part on the Commission’s behalf.

(3) Except with the Commission’s written permission, a former employee of a party may not appear as a witness on behalf of the Commission in contested case proceedings in which the person took an active part on the party’s behalf. Prior to giving its written permission to the person, the Commission must notify the affected party and all other parties to the proceedings, and allow the affected party an opportunity to object to the Commission granting permission to the person. Other parties to the proceedings may respond to the affected party’s objection, if any.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.457 – 183.458, 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0340 Ex Parte Communications

(1) Ex parte communications are discouraged and, if made, must be disclosed to ensure an open and impartial decision-making process.

(2) Except as provided in this rule, an ex parte communication is any oral or written communication that:

(a) Is made by a person directly to a Commissioner or presiding ALJ outside the presence of any or all parties of record in pending contested case or declaratory ruling proceedings;

(b) Is made without notice to or an opportunity for rebuttal by all parties; and

(3) For purposes of this rule, a contested case or declaratory ruling proceeding is pending when the Commission or ALJ issues the first scheduling notice.

(4) A person who has an ex parte communication must promptly notify the presiding ALJ that the communication occurred.

(5) Upon notice of or receipt of an ex parte communication, the presiding ALJ must promptly notify the parties of record of the communication and place the following in the record:

(a) The name of each person who made the communication and the person’s relationship, if any, to a party in the case;

(b) The date and time of the communication;

(d) A summary of the matters discussed;

(e) A copy of any written communication; and

(f) Other relevant information concerning the communication.

(6) The presiding ALJ may require the person responsible for the ex parte communication to provide the disclosure and notice of the communication required by this rule.

(7) Within 10 days of the filing date of the notice, a party may file a written rebuttal of the facts or contentions contained in the ex parte communication.

(8) The provisions of this rule do not apply to communications that:

(a) Address procedural issues, such as scheduling or status inquiries, or requests for information having no bearing on the merits of the case;

(b) Are made to a Commissioner or presiding ALJ by a member of Staff who is not a witness in the proceedings;

(c) Are made to a Commissioner or presiding ALJ by an Assistant Attorney General who is not representing Staff in the proceedings;

(d) Are made in rulemaking proceedings conducted under ORS 183.325 through 183.410; or

(e) The presiding ALJ determines are not subject to this rule, including communications from members of the public that are made part of the administrative file or communications that are the subject of in camera proceedings.

(9) To avoid inadvertent ex parte communications, a person planning to meet individually with a Commissioner or ALJ must indicate whether the discussion will relate to pending proceedings and, if so, which proceedings.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.417, 183.462, 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0350 Settlements

(1) In all Commission contested case proceedings, some or all of the parties may enter into a settlement of any or all issues at any time during the proceedings.

(2) A settlement discussion is any communication between two or more parties for the purpose of resolving issues pending in contested case proceedings. Examples of communications not constituting settlement discussions for purposes of this rule include communications primarily for the purpose of discovery and communications occurring before initiation of docketed proceedings.

(3) Without the written consent of all parties, any statement, admission, or offer of settlement made during settlement discussions is not admissible in any Commission proceedings, unless independently discoverable or offered for other purposes allowed under ORS 40.190.

(4) Parties may agree in writing that the information exchanged exclusively within the context of any settlement discussion is confidential.

(5) Subject to the signing of an applicable confidentiality agreement, all parties may attend a meeting in which Staff participates to discuss settlement. Staff must provide to all parties to the proceedings reasonable prior notice of any settlement meeting in which Staff intends to participate. The notice must include the time and place of the settlement meeting, the party or parties involved, and the issues to be discussed. Once Staff has given notice of a settlement meeting involving a particular issue, additional notice of continuing settlement meetings involving the same issue need only be provided to parties attending the initial meeting or parties who request continuing notice. Persons who are not associated with a party may not attend a settlement meeting without the consent of all participating parties.

(6) For purposes of ORS 192.502(4), the Commission obligates itself to protect from disclosure any document submitted in confidence during settlement discussions.

(7) Settlements must be memorialized in a written stipulation signed by the settling parties and filed for review by the Commission. With the stipulation, the parties must file:

(a) An explanatory brief or written testimony in support of the stipulation, unless waived by the Commission or ALJ; and

(b) A motion to offer the stipulation and any testimony as evidence in the proceeding, together with witness affidavits in support of the testimony.

(8) Within 15 days of the filing of a stipulation, a party may file written objections to the stipulation or request a hearing. Upon request or its own motion, the Commission or ALJ may set another time period for objections and request for hearing. Objections may be on the merits or based upon failure of Staff or a party to comply with this rule. The Commission or ALJ may hold a hearing to receive testimony and evidence regarding the stipulation. The Commission or ALJ may require evidence of any facts stipulated. The parties must be afforded notice and an opportunity to submit proof if such evidence is requested.

(9) A stipulation is not binding on the Commission. The Commission may adopt or reject a stipulation, or propose that a stipulation be modified prior to approval. If the Commission proposes to modify a stipulation, the Commission must explain its decision and, if necessary, provide the parties sufficient opportunity on the record to present evidence and argument to support the stipulation. No further hearing need be held when a review hearing has already been held under section (8) of this rule and the Commission or ALJ determines that the issues were fully addressed in the prior hearing.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.417, 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0360 Case Management Conferences

(1) This case management conference rule applies to complaints filed pursuant to ORS 756.500 or OAR 860-029- 0100, or OAR 860-082-0085, or a petition for declaratory ruling filed pursuant to ORS 756.450. These provisions supplement the generally applicable filing and contested case procedures contained in OAR chapter 860, division 001 and in division 029.

(2) Within 14 business days of the filing of a complaint or petition for declaratory ruling, or 10 business days after the answer is filed, whichever date is later, the Administrative Law Judge shall hold a case management conference.

(3) The purpose of the case management conference will be to facilitate the orderly and efficient resolution of the case and to discourage wasteful activities.

(4) At the case management conference, the parties will:

(a) Make good faith efforts to identify the legal and factual issues in dispute in the case; and

(b) Establish a schedule for the docket, including dates for testimony, discovery, briefing, submission of exhibits and hearing.

(5) In addition, the parties will discuss the following matters and the ALJ will make or enter such rulings as are appropriate:

(a) Whether the disputes in the case might be narrowed through motions to dismiss or for summary judgment, and whether schedules for such motion practice may be adopted at that time;

(b) Regarding the available modes, timing, and scope of discovery and any other discovery matters raised by the parties;

(c) Whether the parties require the assistance of the Commission's mediation services to assist in resolving the matter; and

(d) Any other matters that may expedite the orderly conduct and disposition of the proceedings.

(6) Within 3 business days of the case management conference, the ALJ will issue a case management ruling setting forth a schedule for the case and setting forth all the ALJ's decisions on other matters discussed at the conference.

(7) At any time during the pendency of the docket, any party may request that additional case management conferences be scheduled to address any of the above issues, including the amendment of the case management schedule.

History

Statutory/Other Authority: ORS 756.040, 756.060 & ORS 756.060
Statutes/Other Implemented: ORS 183, ORS 417, ORS 756.040 & ORS 756.500-756.575
PUC 3-2021, adopt filed 03/31/2021, effective 03/31/2021

Or. Admin. R. 860-001-0390 General

The Commission treats pleadings and motions differently.

(1) Pleadings are used to address formal requests to initiate a proceeding or for Commission authorization. There are two types of pleadings.

(a) Initiating pleadings include applications, petitions, and complaints.

(b) Responsive pleadings include answers, protests, responses, and replies.

(2) Motions are requests seeking a ruling in a Commission proceeding. There are two types of motions.

(a) Substantive motions address the rights or duties of a party or seek summary determination of any or all issues in the proceeding, such as a motion to dismiss.

(b) Procedural motions address the means by which the Commission regulates its proceedings; for example, a motion to modify a schedule.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.417, 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15

Or. Admin. R. 860-001-0400 Pleadings Requirements

(1) All pleadings must be signed by the person filing the pleading or an authorized representative. By signing a pleading, the signatory makes the certification in ORCP 17C. For electronic filings, a person may use any identifier that is adopted by the person with the intent to authenticate a document (for example, “/s/John Doe”).

(2) Applications, petitions, complaints, and other initiating pleadings must include:

(a) The filer’s name and contact information, including telephone number, physical address, and electronic mail address;

(b) The name and contact information, including telephone number, physical address, and electronic mail address of any other party named in the filing;

(d) Appropriate references to the statutory provision or other authority under which the filing is made; and

(e) Other information as required by the Commission’s rules.

(3) Answers, protests, and other responsive pleadings must be in writing and must include:

(a) The filer’s name and address;

(b) The identification of the initiating pleading to which the response is made, including the docket number if one had been assigned; and

(c) A specific response to the pleading including, if necessary, an answer to material allegations and affirmative defenses.

(4) Unless otherwise directed by the Commission or ALJ, responses must be filed within the following timeframes:

(a) An answer to a complaint, application, or petition must be filed within 20 days after the pleading is filed.

(b) An answer to a consumer complaint under OAR 860-021-0015 must be filed within 15 days after the Commission serves the complaint.

(d) An answer to a complaint under OAR 860-029-0100 must be filed within 10 days after the Commission serves the complaint.

(e) An answer to any other type of pleading must be filed within 15 days after the pleading is filed.

(5) A reply to a responsive pleading is not permitted unless otherwise allowed by the Commission or ALJ.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0410 Default upon Failure to Answer Complaint

(1) If a party fails to answer a complaint or otherwise appear within the time periods specified in OAR 860-001-0400, then the party is deemed in default. All material allegations of the complaint are deemed admitted, and the hearing is waived. The proceedings may be disposed of without further notice to the defaulting party.

(2) A defaulting party may file an application for reconsideration of a Commission order of default under OAR 860-001-0720. The Commission may grant the application for reconsideration if the moving party shows the default resulted from mistake, inadvertence, surprise, excusable neglect, or other good cause.

(3) An application made under this rule must be accompanied by a pleading or motion that contains an assertion of a claim or a defense.

(4) The filing of an application under this rule does not excuse the defaulted party from complying with the order and the enforcement of the order is neither stayed nor postponed except upon Commission order.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0420 Motions, Responses, and Replies

(1) A motion must be made in writing unless otherwise allowed by the Commission or ALJ.

(2) Before filing a procedural motion, the moving party must make a good faith effort to confer with other parties to seek agreement about the subject of the motion. A procedural motion must describe the effort to confer and the result of the effort.

(3) A motion against an initiating or responsive pleading under OAR 860-001-0400 must be filed within 10 days after the pleading is filed.

(4) A party may file a response to a motion. A response to a substantive motion must be filed within 15 days of filing of the motion. A response to a procedural motion must be filed within 7 days of filing of the motion.

(5) The moving party may file a reply to a response to a substantive motion within 7 days of filing of the response. The moving party is not permitted to file a reply to a response to a procedural motion unless permitted by the ALJ.

(6) If expedited consideration of a motion is requested, the moving party must:

(a) Certify that the moving party has attempted to contact the other parties to the proceedings to discuss the motion and state whether the parties support the motion;

(b) Identify the request for expedited consideration in the document caption; and

(7) Unless granted by the ALJ, a request for an extension or other related motion does not stay a pending due date.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0430 Petition for Declaratory Ruling

(1) A petition for a declaratory ruling under ORS 756.450 must contain:

(a) The rule or statute that may apply to the person, property, or facts;

(b) A detailed statement of the relevant or assumed facts, including sufficient facts to show petitioner's interest;

(d) The questions presented;

(e) The specific relief requested; and

(f) The name and contact information, including telephone number, physical address, and electronic mail address of petitioner and of any other person known by petitioner to have legal rights, duties, or privileges that will be affected by the request.

(2) Within 60 days after the petition is properly filed, the Commission must determine whether it will substantively consider the request. The Commission will make the decision at a public meeting and allow public comment on whether it should substantively consider the request. The Commission will notify the petitioner of its decision in writing. If the Commission decides to substantively consider the request for a declaratory ruling, then it will refer the matter to the Administrative Hearings Division to initiate proceedings.

(3) A person may petition to intervene as a party under OAR 860-001-0300(4).

(4) No testimony or other evidence may be submitted. The petition for declaratory ruling will be decided on the facts stated in the petition, except that the presiding ALJ may agree to accept a statement of alternative facts or alternative questions for the Commission’s consideration.

(5) All parties will have the right to file briefs to present legal argument. Parties may request the opportunity to also present oral argument.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.450
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0450 Evidence

(1) Relevant evidence:

(a) Means evidence tending to make the existence of any fact at issue in the proceedings more or less probable than it would be without the evidence;

(b) Is admissible if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs; and

(c) May be excluded if the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or undue delay.

(2) A party objecting to the introduction of evidence must state the grounds for the objection at the time the evidence is offered.

(3) When an objection is made to the admissibility of evidence, the Commission or ALJ may have the evidence presented and reserve ruling until a later time.

(4) When a party takes exception to a ruling excluding certain evidence, the Commission or ALJ may require that the party make an offer of proof by stating what the evidence would indicate if received. Alternatively, the Commission or ALJ may permit the excluded evidence to be received like other evidence, but it must be marked and designated as evidence offered, excluded, and to which exception has been taken.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.450, 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0460 Official Notice

(1) The Commission or ALJ may take official notice of the following:

(a) All matters of which the courts of the State of Oregon take judicial notice;

(b) Rules, regulations, administrative rulings, and reports of the Commission and other governmental agencies;

(d) Documents and records in the files of the Commission that have been made a part of the files in the regular course of performing the Commission’s duties;

(e) General, technical, or scientific facts within the specialized knowledge of the agency;

(f) The results of the Commission’s or ALJ’s inspection of property at issue in the proceedings if advance notice of the inspection was provided to the parties.

(2) The Commission or the ALJ must notify the parties when official notice is taken. The notice may be given on the record during the hearing, in an ALJ ruling, or in a Commission order. A party may object to the fact noticed within 15 days of the hearing during which notice was given, the ALJ ruling, or the Commission order. The objecting party may explain or rebut the noticed fact.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.450, 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0470 Resolutions

(1) Properly authenticated resolutions of governing bodies of government, business, agricultural, or civic organizations may be received in evidence if offered at the hearing by the president, secretary, or other person authorized to offer the resolution.

(2) Parties may rebut the authenticity of the resolution or the circumstances surrounding its adoption.

(3) Recitals of fact contained in resolutions are not proof of the facts. The Commission or ALJ may receive a resolution for the limited purpose of showing the official action of the resolving body to the extent relevant in the proceedings.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0480 Testimony and Exhibits

(1) Unless otherwise directed by the ALJ, all written testimony and exhibits must be paginated in the top right corner as follows:

Party Name/Exhibit Number

Witness Last Name/Page Number

(2) Each party must consecutively number its written testimony and exhibits, beginning with 100. Within each round of testimony, each witness or witnesses testifying jointly must be designated with a separate numbering series. For example, Mr. Smith, Staff’s first witness in the first round of testimony, would be assigned Staff/100. Ms. Jones, Staff’s second witness in first round, would be assigned Staff/200. Mr. Smith’s second round of testimony would be assigned Staff/300. Each attachment must be marked as a separate exhibit. For example, the first attachment to Staff/100 would be marked as Staff/101. A separate numbering series must also be used to identify all exhibits marked at hearing.

(3) Each page of a multipage exhibit must be marked with a page number. Pages within each exhibit must be marked consecutively, beginning with page 1.

(4) The ALJ may waive the requirement of marking each page of voluminous photocopied documents.

(5) When filing testimony and exhibits, the filing party must simultaneously provide a copy of all work papers to Staff, the utility named in the initiating pleading, and all other parties that have asked to receive a copy. If a shared workspace is being used for data requests and responses, this provision is satisfied by uploading the work papers to that workspace and electing to share the upload with other authorized users. As used in this rule, work papers consist of documents that show the source, calculations, and details supporting the testimony and other exhibits submitted.

(6) Within the time specified by the ALJ, each party must file a list, in numerical order, of the written testimony and exhibits the party offered during the proceedings. The list must specify the document, witness, number of pages, and whether the exhibit was received into evidence.

(7) When testimony or exhibits are offered in evidence at a hearing and were not previously filed, the offering party must give copies to each party, the Commission, and the ALJ. When practicable, the parties must distribute copies of exhibits before or at the beginning of the hearing.

(8) When relevant evidence offered by a party is included in a book, paper, or document containing irrelevant material, the party offering the exhibit must plainly designate the relevant material offered:

(a) If irrelevant material is included in the exhibit and would encumber the record, then the exhibit may be excluded. The exhibit may be marked for identification and the relevant material may be read into the record if properly authenticated.

(b) If the Commission or ALJ directs, a copy of the relevant portions of the exhibit may be received as evidence. The offering party must offer copies of the document to all other parties appearing at the hearing. The parties must be afforded an opportunity to examine the exhibit and to offer in evidence other relevant portions of the exhibit.

(9) Papers and documents on file with the Commission may be introduced by reference to number, date, or by any other method of identification satisfactory to the Commission or ALJ.

(10) The Commission or ALJ may direct that the testimony of a witness, including supporting exhibits, be submitted in writing prior to hearing. Unless otherwise directed by the Commission or ALJ, written testimony, when sworn to orally or in writing by the witness under oath to be true, will be received in the same manner as an exhibit. The written testimony must be double-spaced, prepared in question and answer or narrative form, and contain a statement of the qualifications of the witness. The written testimony is subject to rules of admissibility and cross-examination.

(11) The Commission or ALJ may direct that demonstrative evidence be reduced to a diagram, map, photograph, or similar representation.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.450, 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0490 Records in Other Proceedings

If a party offers in evidence all or part of the record from another Commission proceeding, then the party must provide a copy of the offered record to the ALJ and copies to other parties upon request.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.450, 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0500 Discovery in Contested Case Proceedings

(1) Discovery must be commensurate with the needs of the case, the resources available to the parties, and the importance of the issues to which the discovery relates.

(2) Discovery that is unreasonably cumulative, duplicative, burdensome, or overly broad is not allowed. Instructions and definitions included in discovery requests must be consistent with these rules and ORS Chapters 756, 757, and 759.

(3) Privileged material is not discoverable except as provided under the Oregon Rules of Evidence.

(4) A party will not be required to develop information or prepare a study for another party, unless the capability to prepare the study is possessed uniquely by the party from whom discovery is sought, the discovery request is not unduly burdensome, and the information sought has a high degree of relevance to the issues in the proceedings.

(5) Parties must make every effort to engage in cooperative informal discovery and to resolve disputes themselves. If a party receives a data request that is likely to lead to a discovery dispute, then that party must inform the requesting party of the dispute as soon as practicable and attempt to resolve it informally.

(6) If parties are unable to resolve a dispute informally, then any of the parties involved in the dispute may request that the ALJ conduct a conference to facilitate the resolution of discovery disputes. A requesting party must identify the specific discovery sought and describe the efforts of the parties to resolve the dispute informally.

(7) A party may file a motion to compel discovery. The motion must contain a certification that the parties have conferred and been unable to resolve the dispute. A party filing a motion to compel will be allowed the opportunity to file a reply to the response to the motion.

(8) A party’s assertion that information responsive to a discovery request is confidential may not be used to delay the discovery process; provided, however, a party pursing protection will not be required to produce information that it claims is inadequately protected until such time as its claim for the need for a general protective order or a modified protective order is resolved. If an answering party believes that a response to a discovery request involves confidential information that is inadequately protected by the safeguards existing in the docket, the answering party must notify the requesting party of this belief as soon as practicable and, if appropriate, promptly move for an appropriate protective order.

(9) A party may by motion, or the ALJ may on the ALJ’s own motion, propose that sanctions be imposed if a party fails or refuses to comply with an oral or written ruling resolving a discovery dispute. The ALJ may impose sanctions including: default; dismissal; or striking of testimony, evidence, or cross-examination.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.425, 183.450, 756.040 & 756.500 – 756.575
PUC 4-2012, f. & cert. ef. 4-17-12
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0510 Subpoenas

(1) A subpoena may be issued by an attorney of record for a party and subscribed by the signature of the attorney.

(2) Parties not represented by an attorney may request the issuance of a subpoena by the ALJ. The request must be in writing and identify the general relevance and reasonable scope of the testimonial, documentary, or physical evidence sought.

(3) Requests for subpoenas duces tecum must specify a particular document or part of a document to be produced.

(4) Parties must serve subpoenas as provided in the circuit courts of the State of Oregon under the ORCP.

History

Statutory/Other Authority: 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.543
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0520 Depositions

(1) The testimony of a witness may be taken by deposition at any time before the record in a docket is closed.

(2) A party proposing to take a deposition must notify all other parties in writing. Unless notice is waived, a party must provide 10 days’ notice to the parties of a deposition to be taken within the state and 15 days’ notice for a deposition to be taken out of state. The notice must state the witness’s name and address, the subject matter of the deposition, the time and place for taking the deposition, the method by which the deposition will be recorded, any materials to be produced at the deposition, and the reason for the deposition.

(3) Deposition testimony must be taken under oath before a court reporter and must be transcribed or recorded. The court reporter must certify that the witness was sworn in the court reporter’s presence and that the transcript is a true record of the testimony or a correct transcription of a recording.

(4) A party may examine a deponent on any matter not privileged that appears reasonably calculated to lead to the discovery of relevant evidence.

(5) Unless received in evidence by the Commission or ALJ, no portion of a deposition is a part of the record in the docket. A party may object to receiving in evidence any portion of a deposition. Upon request, the deposing party must provide the Commission or ALJ a transcribed copy of the deposition.

(6) The deposing party must pay the deponent and the court reporter the same fees as are paid for like services in the courts of the state where the deposition is taken.

(7) A party may request that an ALJ attend a deposition to address any objections. A party may also request that an ALJ put appropriate conditions or limitations on a deposition.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.450, 756.040 & 756.538
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0530 Admissions

A party may serve a request for admission on any other party under ORCP 45. Responses to each request must be served within 7 days of receipt. Requests not denied within 7 days are deemed admitted.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORCP 45, ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0540 Data Requests

(1) A party may submit data requests to any other party, subject to the discovery rules in the ORCP. Data requests are written interrogatories or requests for production of documents. Data requests must be answered within 14 days from the date of service. Each data request must be answered fully and separately in writing or by production of documents, or objected to in writing.

(2) A party submitting a data request must serve the request on all parties to the proceedings. For nonconfidential requests, service may be made by electronic mail or by electronic mail notification of upload to a designated shared workspace for data requests and responses. If the request contains confidential information, then the submitting party must serve a complete copy on all parties eligible to receive confidential information under the terms of a protective order and a redacted copy to all other parties. The complete confidential copy must be served using means identified in the protective order. Nonconfidential data requests and responses submitted to the Staff of the Commission must be sent to PUC.Datarequests@state.or.us. If a designated shared workspace is being used for data requests and responses, the notification of uploaded data requests and responses must be sent to PUC.Datarequests@state.or.us.

(3) The party answering the data request must provide a response or an electronic mail notification of upload to a designated shared workspace to the submitting party and all other parties that filed a written request for a copy of the response. A party must agree to be bound by the applicable protective order to be eligible to receive a response containing confidential information.

(4) A party may offer into evidence data requests and the answers to the data requests. Any objection to substance or form of a data request or answer must be attached to the submitted data request or answer with specific reference and grounds. Every remedy available to a party using deposition procedures is available to a party using data requests.

(5) Except when requested by the Commission or ALJ, or when seeking resolution of a discovery dispute under these rules, data requests are not filed with the Filing Center or provided to the ALJ.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0550 Joint Hearings with other Entities

(1) In proceedings in which the Commission participates jointly with a federal regulatory agency, the federal agency’s rules of practice and procedure govern.

(2) In proceedings in which the Commission participates jointly with an administrative body of another state, the rules of procedure of the state where the hearing is held govern. Any person entitled to appear in a representative capacity before any of the agencies involved in the joint hearing may appear in the joint hearing.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0560 Public Meetings

Except in cases of emergency, all Commissioners are required to participate in a decision of the Commission at a public meeting that proposes a major rate change for an electric or natural gas utility under ORS 757.205. For purposes of this rule, a major rate change is an increase of two percent or more for any customer class.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 192.610 et seq. & 756.040
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0570 Notice of Contested Case Hearing

The Commission or ALJ sets the time and place for contested case hearings. Notice of a hearing must be served on all parties at least 10 days before the hearing date. For good cause, the Commission may hold a hearing on less than 10 days’ notice.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 183.413, 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0580 Postponements and Continuances of Hearings

(1) A party may request a postponement of a hearing. The party must provide the reason why postponement is necessary. The Commission or ALJ may require oral requests for postponement of a hearing to be made in writing.

(2) The Commission or ALJ may postpone a hearing for good cause shown or on the Commission’s or the ALJ’s own motion.

(3) The Commission or ALJ may continue a hearing to receive additional evidence or argument. Additional notice of a continued hearing involving the same issue need only be provided to parties attending the initial hearing and other parties who have requested continuing notice.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0590 Conferences

(1) The ALJ may schedule conferences to facilitate the resolution of contested case and declaratory ruling proceedings.

(2) The purposes of a conference may include:

(a) Establishing a procedural schedule, including dates for discovery, testimony, and exhibits;

(b) Identifying, simplifying, and clarifying issues;

(d) Facilitating discovery and resolving disagreements about discovery;

(e) Obtaining stipulations, authenticating documents, admitting documents into evidence, adopting witness and cross-examination schedules, and deciding the order of presentation and other procedural matters;

(f) Considering other matters that may expedite the orderly conduct and disposition of the proceedings; and

(g) Discussing settlement or other resolution or partial resolution of the proceedings.

(3) The record must reflect the results of the conference, and the decisions made at the conference are binding on all parties.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0600 Consolidation of Proceedings

Proceedings may be consolidated for hearing at the discretion of the Commission or ALJ.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0610 Failure to Appear

(1) If a party fails to appear at a conference or hearing, then that party waives its right to participate in the conference or hearing.

(2) Unless allowed by the Commission or ALJ, the party that failed to appear may not reopen any matter decided at the conference or hearing, or recall for further examination witnesses available at the hearing and excused.

(3) Upon motion by any party or upon the Commission’s own motion, the Commission may enter an order dismissing a party that failed to appear at a hearing from the entire proceedings. The order must be served on the party dismissed. If the Commission or ALJ finds there was good cause for the party’s failure to appear or the interests of other parties or the public would be prejudiced, then the Commission or ALJ may reinstate the party.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0650 Legal Argument

Parties may request the opportunity to file briefs in any proceedings. The Commission or ALJ may require a party to file a brief, or to present oral arguments instead of or in addition to briefs.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0660 Major Proceedings

(1) For purposes of ORS 756.518(2), a “major proceeding” is a proceeding that has or is expected to have a full procedural schedule with written testimony or written comments and:

(a) Has a substantial impact on utility rates or service quality for energy utilities having more than 50,000 customers or telecommunications utilities having more than 50,000 access lines; or

(b) Has a significant impact on utility customers or the operations of a regulated utility for energy utilities having more than 50,000 customers or telecommunications utilities having more than 50,000 access lines.

(2) A party in a proceeding that does not meet the criteria in section (1) of this rule may petition the ALJ for major proceeding status if the case:

(a) Is likely to result in a significant change in regulatory policy; or

(b) Raises novel questions of fact or law.

(3) When a docket is opened, a party may file a motion with the ALJ requesting that the case be classified as a major proceeding.

(a) The motion must:

(A) Specify how the case qualifies as a major proceeding under the criteria listed in section (1) of this rule; or

(B) Argue how the case qualifies as a major proceeding under section (2) of this rule.

(b) Responses to the motion are due within 7 days of filing.

(4) If a case is classified as a major proceeding, the Commission must afford the parties an opportunity to present oral argument to a quorum of Commissioners before a final order is issued. A party must make a request for oral argument at the prehearing conference or as soon thereafter as possible.

(5) The ALJ will determine the length of each party’s oral argument to the Commission, the right of any party to rebuttal of other parties’ oral arguments, and the order of presentation.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0700 Extension or Postponement of Date to Comply with Rules and Orders

(1) Within 60 days of the date of service of a Commission order, any party may file a petition for extension or postponement of an effective date or of time to comply with the order.

(2) The petition must specify reasons for the requested extension or postponement.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0710 Notice of Acceptance of Terms of Orders

The Commission may require any utility or person affected by any order to notify the Commission within a specified time whether the terms of the order are accepted and the time within which the utility or person will comply with the order.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0720 Rehearing or Reconsideration

(1) Within 60 days from the date of service of an order entered by the Commission, a party may file an application for rehearing or reconsideration of the order as provided by ORS 756.561. The application must identify all grounds for rehearing or reconsideration.

(2) The application must specify:

(a) The portion of the challenged order that the applicant contends is erroneous or incomplete;

(b) The portion of the record, laws, rules, or policy relied upon to support the application;

(d) How the applicant's requested change in the order will alter the outcome; and

(e) One or more of the grounds for rehearing or reconsideration in section (3) of this rule.

(3) The Commission may grant an application for rehearing or reconsideration if the applicant shows that there is:

(a) New evidence that is essential to the decision and that was unavailable and not reasonably discoverable before issuance of the order;

(b) A change in the law or policy since the date the order was issued relating to an issue essential to the decision;

(d) Good cause for further examination of an issue essential to the decision.

(4) Within 15 days from the date the application is filed, any party may file a response to the application. Replies to a response are not permitted unless requested by the ALJ.

(5) Unless ordered by the Commission under OAR 860-001-0700, compliance with the original order is not stayed or postponed by an order granting an application for rehearing or reconsideration.

(6) The application is deemed denied if the Commission has not issued an order granting the application by the 60th day after filing. If the application is granted, the Commission may affirm, modify, or rescind its prior order or take other appropriate action.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575
PUC 5-2010, f. & cert. ef. 10-22-10

Or. Admin. R. 860-001-0800 Purpose Statement

(1) The purpose of OAR 860-001-0800 through OAR 860-001-0900 is to provide guidance for organizations seeking Justice Funding Grants, made available through ORS 757.072, to represent the interests of low-income residential customers or the interests of environmental justice communities in matters at the Oregon Public Utility Commission.

(2) These rules facilitate the administration and implementation of the Environmental Justice Communities Funding Agreement.

(3) Under the agreement, two funds are established for Justice Funding Grants, the Pre‑certification Fund and Case Fund. These funds are from the Participating Public Utilities, and the grants under each fund are approved by the Commission.

(4) The Commission may delegate its authority set forth in OAR 860-001-0840, OAR 860-001-0850, OAR 860-001-0860, and OAR 860-001-0890. The delegate’s decisions may be appealed to the Commission.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Or. Admin. R. 860-001-0810 Definitions

As used in OAR 860-001-0800 through 860-001-0900:

(1) “Agreement” means the currently effective Environmental Justice Communities Funding Agreement, as adopted by the Commission.

(2) “Case-certified Organization” means an organization the Commission has designated as meeting the requirements of OAR 860-001-0840 and OAR 860-001-0860(6).

(3) “Case Fund” is a Participating Public Utility fund that is available to a Case-certified organization to reimburse or grant to fund activity in a specific Case-certified matter.

(4) “Eligible Expenses” are expenses for which Eligible Recipients may request payment consistent with OAR 860-001-0870.

(5) “Eligible Proceedings” are proceedings the Commission has determined meet the requirements of OAR 860-001-0830.

(6) “Eligible Recipient” means an organization that represents the interests of either low-income residential customers or communities, or customers that are members of Environmental Justice Communities as defined below. For the purposes of this rule, a low-income community includes, but is not limited to, communities with limited or insufficient financial means to cover basic needs and essential services.

(7) “Environmental Justice” means equal protection from environmental and health hazards and meaningful public participation in decisions that affect the environment in which people live, work, learn, practice spirituality and play.

(8) “Environmental Justice Community or Communities” includes communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure, and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including but not limited to seniors, youth, and persons with disabilities;

(9) "Grant Recipient" or "Grant Recipients" are Eligible Recipients who have been awarded pre-certification or case funding grants.

(10) “Justice Funding Grants” are grants from either a Pre-certification Fund or Case Fund made subject to these rules.

(11) “Participating Public Utility or Utilities” means any of the following utilities: Northwest Natural Gas Company, dba NW Natural; PacifiCorp, dba Pacific Power; Portland General Electric Company; Cascade Natural Gas Corporation; Avista Corporation, dba Avista Utilities; and Idaho Power Company.

(12) “Pre-certification Fund” is a Participating Public Utility fund that is available to a Pre-certified Organization to reimburse or fund activity in an Eligible Proceeding.

(13) “Pre-certified Organization” means an organization that the Commission has determined meets the eligibility criteria under ORS 757.072(2)(a)(B) and (C) and in OAR 860-001-0840.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Or. Admin. R. 860-001-0820 Funding Amounts and Rollover

(1) The amounts to be made available annually for the Pre-certification Fund and the Case Fund for each utility are set forth in the Agreement.

(2) A balance in any of the Justice Grant Fund accounts that is unused in any year will be carried over at the end of the calendar year and made available for use in succeeding years, except that the amount rolled over to the next year may not exceed the amounts listed in section (1) of this rule.

(3) Up to 70 percent of any balance remaining in any of the Pre‑certified Funds after the annual grants are approved may be used for Case Fund grants for that calendar year after approval by the Commission of a request to reallocate these funds.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Or. Admin. R. 860-001-0830 Eligible Proceedings

(1) Eligible Proceedings include proceedings before the Commission that affect a Participating Public Utility, its customers and its Environmental Justice Communities including, but not limited to, named, non-docketed Commission led processes, rulemakings, contested cases, declaratory ruling proceedings, contested case proceedings such as rate cases, integrated resource plans and updates, distribution system planning, depreciation dockets, deferrals for projects or pilots and design and implementation of differential rates, the Energy Trust’s budget and planning process, and power or purchased gas adjustments; but they do not include complaint proceedings initiated or caused to be initiated by the Grant Recipient.

(2) Justice Funding Grants will not be made available for proceedings involving telecommunications utilities, water utilities, or wastewater utilities unless the proceedings relate to one or more of the Participating Public Utilities.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Or. Admin. R. 860-001-0840 Justice Funding Eligibility

(1) An organization meeting the following criteria may be certified by the Commission to be eligible to receive Justice Funding Grants:

(a) The organization represents the interests of low-income residential customers or Environmental Justice Communities, and participation in proceedings will be primarily directed at public utility issues affecting those interests, including but not limited to, interests in utility rates and terms and conditions of service, interests in the cost of access and impact from the delivery of services, interest in utility programs, and interest in utility resource planning;

(b) The organization identifies the specific Environmental Justice Community or low-income customers it represents and demonstrates that it is able to effectively represent them;

(c) The organization demonstrates that it is able to effectively represent or develop advocacy positions benefitting or informed by the Environmental Justice Community or low-income customers, in the service area of each Participating Public Utility for which funding is sought and demonstrates how it will identify the issues or advocacy positions that are important to those represented;

(d) When applicable, the organization has demonstrated in past Commission matters its ability to substantively contribute to the record on behalf of such interests; and

(e) In contested case proceedings, the organization demonstrates that its request for funding will not unduly delay the schedule of the proceeding.

(2) In determining if an organization is eligible to receive a Justice Funding Grant, the Commission may also consider whether the organization has significant ties to the Environmental Justice Community or low-income customers in the service area or whether it will facilitate participation by environmental justice or low-income organizations or customers with significant ties to the service area of each Participating Public Utility for which the Justice Funding Grant is sought.

(3) Pre-certified and Case-certified Grant Recipients are encouraged to make all reasonable efforts to enter into agreements with each other at any time, including before submitting proposed budgets or after receiving Case Fund Grants, to combine their efforts and resources in a case. Such cooperative efforts shall not affect the amount of their grants.

(4) Upon the filing of a complaint pursuant to ORS 756.500 or upon a Commission investigation or motion pursuant to ORS 756.515, the Commission may terminate the precertification or case-certification of a Grant Recipient, Eligible Recipient or applicant if it finds that:

(a) The organization has committed fraud, misrepresentation, or misappropriation related to a Justice Funding Grant;

(b) In a proceeding before the Commission for which Justice Funding Grants were awarded to the organization, the organization has consistently failed to represent the interests of the Environmental Justice Community that the organization purported to represent in its application for pre-certification;

(d) The organization no longer meets the criteria established in these rules.

(5) In the event of termination of the pre-certification or case-certification of an organization, such termination shall take effect on a prospective basis only. Organizations that have been decertified may not receive Justice Funding Grants for the term of the agreement. Organizations that have been decertified may recover Eligible Expenses incurred pursuant to a Commission authorized Justice Funding Grant and incurred before decertification, subject to satisfaction of the requirements for payment of grants set forth in the Agreement and these rules.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Or. Admin. R. 860-001-0850 Pre-certification Fund

(1) No more than five eligible organizations will be Pre-certified to receive Pre-certification Fund grants each year.

(2) Pre-certified Organizations may request an Advance from the Pre-certification accounts in the next year.

(3) Applications for Pre-certification for the subsequent year must be filed no later than November 17.

(4) Pre-certification requests must include the following elements:

(a) A narrative on why the applicant meets the eligibility criteria set forth in OAR 860-001-0840 or identify a prior order determining that the organization is an Eligible Recipient;

(b) The types of matters in which the applicant intends to participate, the nature of that participation, and why these types of matters are Eligible Proceedings;

(d) A budget showing estimated Eligible Expenses.

(5) Any person may provide a response to an application within 14 days of the filing of the application.

(6) The Commission will make best efforts to review and act upon an application for Pre-certification within 45 days of receipt. The Commission may approve or deny, in whole or in part, the application based on any of the following factors:

(a) The breadth and complexity of the issues or the importance of community participation;

(b) The degree to which any policy issues affect the interests of low-income residential customers or the interests of residential customers that are members of Environmental Justice Communities;

(c) The proposed budget; which must include a description of the Participating Public Utility account or accounts from which the applicant seeks funds and how payments should be apportioned.

(d) The eligibility criteria to which the applicant is subject;

(e) The qualifications of the applicant and experience before the Commission; and

(f) The level of available Pre-certified Funds consistent with the Agreement.

(7) Once Pre-certified, an organization will remain Pre-certified for one year unless the Commission terminates the Pre-certification.

(8) A Pre-certification Fund Grant Recipient may file a request to amend its budget for good cause. The Commission will make best efforts to act upon the request within 21 days of receiving the proposed amendment or, if applicable, any supplemental information provided in response to the Commission’s request. Any person may provide a response to a proposed budget amendment within 7 days of the filing of the request.

(9) The Commission may amend an approved Pre-certified Grant Recipient's budget if it finds that the approved budget is no longer warranted. If the Commission amends an approved budget, it will provide notice to the Pre-certification Fund Grant Recipient and afford an opportunity to comment and provide a revised budget.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Or. Admin. R. 860-001-0860 Case Fund

(1) Applicants seeking a Case Fund Grant must file a notice of intent and request for case certification to request a Case Fund Grant when it files its petition to intervene or notice of participation in the matter or, for matters that do not involve a formal intervention, at such other time as the Commission designates.

(2) The notice of intent:

(a) Must identify why the applicant meets the eligibility criteria listed in OAR 860-001-0840, explaining why the matter is an Eligible Proceeding. In the alternative, the applicant may identify any prior order deeming the organization an Eligible Recipient and/or deeming the proceeding a Justice Funding Grant Eligible Proceeding and granting Case Certification;

(b) Must be served on each affected Participating Public Utility, all Pre-certified Organizations, and all parties of record in the proceeding;

(c) Must identify the Participating Public Utility account or accounts from which the intervening party intends to request a Case Fund Grant.

(3) Any party or participant in the matter may provide a response to a request for Case Fund certification within 14 days of the filing of the request.

(4) Once certified, a Case Fund certified organization must submit to the Commission a proposed budget for its participation in an Eligible Proceeding. The proposed budget must include a statement of work, estimated eligible expenses, and a description of the Participating Public Utility account or accounts from which the applicant seeks funds and how the initial payment should be apportioned.

(5) A proposed budget must be filed no later than 30 days after the organization and the proceeding have been certified for Case Fund grants or by such other date as the Commission designates. A proposed budget may be filed with the notice of intent and request for case certification.

(6) An applicant may submit a combined proposed budget for related proceedings that are being considered concurrently by the Commission.

(7) If the recipient expects to incur Eligible Expenses for Case Funds in more than one calendar year, the proposed budget may seek funds that will be made available in the next calendar year. In such cases, the proposed budget should identify the amount of funds requested from each year’s fund.

(8) Any party or participant in the matter may provide a response to a proposed budget within 7 days of the filing of the proposed budget.

(9) The Commission may approve or deny, in whole or in part, an applicant’s proposed budget based on any of the following factors:

(a) The proposal is not consistent with the breadth and complexity of the issues;

(b) The degree to which any policy issues affect the interests of low-income residential customers or the interests of residential customers that are members of Environmental Justice Communities;

(d) The dollar magnitude of the issues at stake;

(e) The qualifications of the organization and experience before the Commission;

(f) The level of available Case Funds remaining for the year; and

(g) Other Eligible Proceedings in which other Eligible Recipients may seek additional funds consistent with ORS 757.072(2)(c).

(10) The Commission will make best efforts to act upon proposed budgets for Case Fund grants within 30 days of receiving the proposed budgets.

(11) If the Commission receives one or more notices of intent and one or more proposed budgets, then the Commission will determine the amount of Case Fund Grants that will be made available for the Eligible Proceeding and the allocation of that amount among the applicants. The Commission may make these determinations upon the factors described in the Agreement.

(12) At any time during a proceeding, a Case Fund Grant Recipient may file to amend its budget and request additional funding due to unforeseen changes in the scope or complexity of issues, positions taken by other parties, changes in the schedule of the case, or other good cause. Grant Recipients with approved budgets in multiple dockets may request to reallocate approved amounts between dockets by filing a request in both dockets. The request must identify the previously approved proposed budget amounts, the amended proposed budget amounts for each docket after reallocation of funds; and the request must explain the purpose for the requested reallocation. Any party or participant in the matter may provide a response to a proposed amendment within 7 days of the filing of the request. The Commission will make best efforts to act upon the request within 21 days of receiving the proposed amendment or, if applicable, any supplemental information provided in response to the Commission’s request.

(13) The Commission may amend an approved proposed budget if it finds that there has been a material change in the breadth and complexity of the issues, the significance of the policy issues, or the dollar magnitude at stake, such that the initial approved proposed budget is no longer warranted. If the Commission amends an approved proposed budget, it will provide notice to the recipient and afford an opportunity to comment and provide a revised budget. A Commission amendment of an approved proposed budget takes effect on a prospective basis only.

(14) Pre-certified organizations and organizations who become Case-certified for a specific proceeding are eligible to receive Case Fund Grants.

(15) The Commission may approve a Case Fund Grant from funds that will be made available in the next calendar year when the proceeding for which the Case Fund Grant is sought is expected to continue into that year and funds in the current year Case Fund are inadequate to provide the level grant that the Commission determines is appropriate.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Or. Admin. R. 860-001-0870 Eligible Expenses

(1) Eligible Expenses include:

(a) Actual attorney and consultant fees, whether in-house or for outside services, directly attributable to participation in the proceeding;

(b) Expert witness fees and expenses;

(d) The cost of investigations and of preparing and copying studies, data request responses and other discovery materials, exhibits, testimony, briefs, and other filings in the proceeding;

(e) Travel costs directly related to participation in the proceeding;

(f) Costs of acquiring studies or supplies directly related to the proceeding or court reporter fees and transcripts;

(g) Costs for education, organization, preparation for and facilitation of community members’ participation in proceedings or an individual community member’s participation in a proceeding;

(h) Costs of participation in workshops and other informal Commission activities prior to the institution of an Eligible Proceeding; and

(i) Cost of contractors and subcontractors conducting activities that would otherwise constitute an eligible expense under this definition had they been directly incurred by the Grantee.

(j) Costs of educational opportunities for in-house staff to facilitate participation in an Eligible proceeding.

(2) Justice Funding Grants may not be used political activities or fund raising.

(3) Pre-certification grants may not be used for complaint proceedings before the Commission.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Or. Admin. R. 860-001-0890 Payment of Grants and Reporting

(1) Upon Commission approval of a Pre-certified Fund grant or approval of a request for payment from a Case Fund, the Participating Public Utilities must pay the amounts granted pursuant to Commission order. The Participating Public Utilities must pay the amount authorized by the Commission no later than 30 days after receipt of the Commission order. Pre-certification fund Grant Recipients should file a notice of release no later than November 17, specifying any funds that the pre-certification fund Grant Recipient intends to release back to the pre-certification fund. The Commission shall issue a final notice to pre-certification fund Grant Recipients requiring all notices of release by December 7 to identify any rollover funds for the subsequent year.

(2) To receive payment of a Case Fund Grant, a Grant Recipient must submit a request for payment of Eligible Expenses to the Commission and serve a copy on the Participating Public Utility from whose account payment is to be made. If the Grant Recipient intends to release funds not used, the grantee may file a release of funds. Case Fund Grant Recipients are encouraged to file a notice of release as soon as possible after resolution of the applicable proceeding and/or their final budget is known. To the extent possible, Case Fund Grant Recipients should file a notice of release no later than November 17, specifying any funds that the Grant Recipient intends to release back to the case fund. In the event that released funds include any amount included in a progress payment previously made, the Grant Recipient must return such funds via a check to the relevant Participating Public Utility's fund within 30 days of the final notice of release.

(3) A request for payment or notice of release of funds for a Case Fund Grant may be made at any time during an Eligible Proceeding, after the Commission has approved the applicable proposed budget.

(4) The request for Case Fund payment must:

(a) Itemize the expenses, payees and hourly rates for amounts to be reimbursed, including billing details, and including separately identified amounts for consultant or expert witness fees and travel expenses;

(b) Demonstrate that the expenses are reasonable and are directly attributable to issues and positions pursued on behalf of low-income residential customers or Environmental Justice Communities and consistent with the Grant Recipient's proposed budget;

(c) Provide information sufficient to show that the Grant Recipient has complied with any condition or requirement of the Case Fund Grant; and

(d) Specify whether the request for payment is for a progress payment or final payment in full and indicate whether any approved budget amount may be released back to the applicable Case Fund because the Grant Recipient does not intend to request payment for the full approved budget amount.

(5) A request for payment under this section may be made as a progress payment prior to the completion of the activity to be performed consistent with an approved budget; provided that any request for payment prior to completion of the activity may not exceed 50 percent of the applicable approved budget.

(6) Any person may provide a response to a request for payment of a Case Fund Grant or Pre‑certification Fund Grant within 7 days of the filing of the request. Within 30 days of receiving a request for payment of a Case Fund Grant or Pre-certification Fund Grant, the Commission will make best efforts to review the sufficiency of the request and act upon it. The Commission may disallow a request for payment, in whole or in part, if it determines that the request seeks reimbursement for expenses that are not Eligible Expenses or expenses that are inconsistent with the Grant Recipient's Case Fund Grant or Pre-certification Fund Grant, or any conditions placed on the Case Fund Grant or Pre-certification Fund Grant.

(7) On or before each April 1, each Case-Fund Grant Recipient who had, during the prior calendar year, a continuing or newly approved Case Fund Grant or pending proposed budget for an Case Fund Grant request must provide a report to the Administrative Hearings Division showing, as of December 31 of the prior calendar year for each Case Fund, their budget requests pending approval, approved budget amounts, requested payments, payments received, amounts actually spent on expenses described in budgets for proceedings in which the intervenor received an Case Fund Grant, and a statement indicating whether any of their approved budget amounts for an Case Fund Grant may be released back to the applicable Case Fund because the grantee does not intend to use the full approved amount.

(8) Each November 17 during the term of the Agreement. Pre-certified Grant Recipients will provide the Administrative Hearings Division a statement setting forth the manner in which the Pre-certification Fund Grant was spent or intends to be spent, including information sufficient to show that the funds were spent in a manner consistent with the these rules, whether a request for payment for remaining amounts has been filed, the remaining amount outstanding and whether the remaining amount or any initial amount will be released back to the fund. Each Pre‑certified Organization will serve a copy of the report it provides under this section on the applicable Participating Public Utility or Utilities.

(9) Information presented under this rule may be provided by Grant Recipients or Eligible Recipients directly to the Administrative Hearings Division with copies served upon the relevant Participating Public Utilities and may be designated as confidential and protected from public disclosure by the Commission to the maximum extent possible under the Oregon Public Records Law. The confidential designation will not prevent the applicable Participating Public Utility from reviewing the requests, budgets, or reports. If the order approving a budget imposes confidentiality obligations or if the information is provided pursuant to a protective order, the applicable Participating Public Utility will abide by any such applicable confidentiality obligations.

(10) The Commission may audit the relevant records of a Grant Recipient as allowed by law and as necessary to verify the accuracy of the information provided by that Grant Recipient within three years of the order approving the grant.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Or. Admin. R. 860-001-0900 Recovery of Justice Funding Grants and Cost Allocation

(1) Participating Public Utilities are permitted to recover in rates all amounts paid for Justice Funding Grants.

(a) If a Participating Public Utility seeks rate recovery through a deferred account, the account and amortization of the account is exempt from the amortization caps and earnings test set forth in subsections 5, 6, 7, 8 and 10 of ORS 757.259, as such subsections may be amended from time to time and is not included in any calculation of the amortization cap for other deferred accounts.

(b) Amounts in any deferred account under this rule will include carrying costs at the Participating Public Utility's authorized cost of capital.

(c) If the applicable Eligible Proceeding results in a change of rates, Case Fund grants should be incorporated into rates at the same time as the rate change is made.

(d) For Case Fund grants that are not recovered in the Eligible Proceeding in which the funds were expended or when recovering Pre-certification grants, the timing and amortization period for recovering of such Justice Funding Grants will be left to the discretion of the Participating Public Utility, subject to Commission approval.

(2) In a proceeding involving more than one Participating Public Utility, the Commission will apportion the payment among the affected Participating Public Utilities.

(a) Criteria for making this allocation may include the relative gross revenue of the utilities, load, or other such factors as the Commission determines to be relevant to the matter.

(b) Payment will be apportioned to Avista, Cascade, and Idaho Power solely for Case Fund grants for matters affecting low-income residential customers or Environmental Justice Communities in their respective service areas.

(c) Case Fund grants used to advocate positions on behalf of low-income residential customers or Environmental Justice Communities may be assessed as determined by the Commission.

History

Statutory/Other Authority: ORS 757.072
Statutes/Other Implemented: ORS 757.072
PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025
PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023

Division 2 ALTERNATIVE DISPUTE RESOLUTION

Or. Admin. R. 860-002-0000 Applicability of Division 002

(1) The rules in this division apply to a complaint filed under ORS 756.500 that is not a consumer complaint filed under OAR chapter 860 divisions 021, 034, 036, or 037 and are intended to facilitate informal resolution of disputes and to provide fair, timely, and confidential settlement of issues to reduce litigation before the Commission.

(2) Upon request or its own motion, the Commission may waive any of the division 002 rules for good cause shown.

(3) Upon the filing of a joint request for alternative dispute resolution (ADR), all procedural deadlines associated with any complaint that raises the same disputed facts and issues between the same parties are stayed. The stay is lifted upon the conclusion of the ADR process.

History

Statutory/Other Authority: ORS 756.040 & ORS 756.060
Statutes/Other Implemented: ORS 183.502
PUC 8-2026, amend filed 06/24/2026, effective 06/25/2026
PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021

Or. Admin. R. 860-002-0030 Initiation of Alternative Dispute Resolution Process

(1) At any time or concurrent with the filing of a complaint under ORS 756.500 that is not a consumer complaint filed under OAR chapter 860 divisions 021, 034, 036, or 037 disputing parties may jointly request on a form provided by the Commission the use of ADR to facilitate the informal resolution of a dispute. A request for ADR may be filed at any time.

(2) Upon receipt of a request for ADR, an Administrative Law Judge will be appointed to serve as facilitator as workload constraints allow. The parties may agree to hire an outside facilitator rather than seek ADR with the Commission. The parties must share equally the costs of an outside facilitator unless they mutually agree to a different payment arrangement. If an outside facilitator is used by the parties, the parties may decide to use rules governing the ADR process that are different than those contained in OAR chapter 860 division 002.

(3) Within seven business days of written notification that a facilitator has been appointed, each party must file directly with the facilitator and other party supporting materials. Supporting materials must not exceed five pages in length, unless otherwise agreed to by both parties, and must

(a) Explain the core issues in the dispute and provide a summary of background information, and

(b) Be accompanied by reference materials intended to aid the facilitator’s understanding of the issues. Reference materials, such as an interconnection agreement or draft or partially executed power purchase agreements, will not count towards the five-page limit, and

(4) The facilitator will make best efforts to schedule an ADR session to be held within 15 business days after receiving the supporting materials. Subsequent ADR sessions may be scheduled, if both parties agree.

(5) Except as provided by subsection (b), only the parties and the facilitator may attend the ADR session.

(a) Unless otherwise agreed to by the parties, no more than four persons for each party may attend ADR sessions.

(b) Parties may jointly request that Commission Staff participate in the ADR process. If appointed to participate, any selected Staff may not participate in adjudication of any subsequent proceedings following ADR related to the complaint. Commission Support Staff may also attend as necessary for the purpose of hosting remote meetings.

(6) The ADR session is led by the facilitator, who will begin the session by introducing parties, reviewing the protocol for the session, and stating the goals for the session. At the outset of the ADR session, each party will be given time to present their view of the dispute without interruption.

(a) Where appropriate, the facilitator may lead settlement discussions, engage in shuttle diplomacy between parties, or develop proposed settlement concepts after the ADR session for presentation at a subsequent ADR session.

(b) If an agreement in principle is reached, the parties may request the facilitator to work with the parties to help resolve any disputes that may arise in drafting a final written settlement agreement.

(7) Unless otherwise agreed to in writing by the ADR participants, all written or oral communications made in preparation for or during the ADR process, including but not limited to offers of settlement, must be kept confidential by all ADR participants and may not be used for any purpose other than participation in the ADR process.

(8) For purposes of ORS 192.355(4), the Commission obligates itself to protect from disclosure any document submitted in confidence during the ADR process.

(9) If the parties are unable to reach informal resolution, then the facilitator will promptly file a statement with the Commission concluding the ADR. If an Administrative Law Judge serves as facilitator, that same Administrative Law Judge may not preside over any related complaint and may not discuss the merits of the dispute with other Commission employees.

(10) A party to an ADR process may request the facilitator provide an independent assessment of the issues and potential outcome of the case. If the facilitator agrees, the independent assessment may be provided orally or in writing and treated as privileged information that only the party requesting the assessment may disclose to others. If provided, the independent assessment reflects only the opinion of the facilitator, and it is not binding on the Commission.

History

Statutory/Other Authority: ORS 756.040 & ORS 756.060
Statutes/Other Implemented: ORS 183.502
PUC 8-2026, amend filed 06/24/2026, effective 06/25/2026
PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021

Division 11 GENERAL

Or. Admin. R. 860-011-0036 Personal Services Contracts

(1) The Commission may enter into personal services contracts as required or appropriate for the discharge of its duties.

(2) The model rules adopted by the Attorney General do not apply to the Commission.

(3) Department of Administrative Services Public Contracting Rules for Personal Services Contracts OAR chapter 125, divisions 246, 247 and 248 apply to all personal services contracts, except as specified in section (4) of this rule.

(4) The following public contracting rules do not apply to personal services contracts used by the Commission: OARs 125-246-0345(2), 125-246-0350, 125-246-0351, and 125-246-0352.

History

Statutory/Other Authority: ORS 756.036
Statutes/Other Implemented: ORS 756.036 & 279A.050
PUC 6-2005, f. & cert. ef. 11-28-05

Division 16 MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT

Or. Admin. R. 860-016-0000 Definitions and Filing Dates

As used in Division 016 of the rules:

(1) "The Act" means the federal Communications Act of 1934, as amended by the Telecommunications Act of 1996.

(2) "Arbitration" means the submission of a dispute for resolution by a neutral third party appointed by the Commission pursuant to Section 252(b) of the Act.

(3) "Commission" means the Public Utility Commission of Oregon.

(4) "Mediation" means a process in which a neutral third party assists negotiating parties to reach their own solution pursuant to Section 252(a)(2) of the Act.

(5) "Petitioner" means a person who has filed a petition for arbitration under the Act.

(6) "Respondent" means the party to a negotiation, which did not make the request for arbitration.

(7) Filing dates are calculated and enforced per OAR 860-001-0150.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: 47 USC 252
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 6-2002, f. & cert. ef. 2-13-02
PUC 25-2001, f. & cert. ef 11-5-01
PUC 8-1998, f. & cert. ef. 4-8-98

Or. Admin. R. 860-016-0005 Waiver

Upon request or its own motion, the Commission may waive any of the Division 016 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission or Arbitrator.

History

Statutory/Other Authority: ORS 756.040
Statutes/Other Implemented: ORS 756.040
PUC 6-2011, f. & cert. ef. 9-14-11

Or. Admin. R. 860-016-0010 Commission Policy

The policy of the Public Utility Commission of Oregon relating to mediation and arbitration under the Act is to facilitate the execution of interconnection agreements among telecommunications carriers. The Commission encourages and will assist parties to reach agreement on access to the telecommunications network, as well as the routing of and payment for interconnected calls. When the parties do not reach agreement among themselves, the Commission will arbitrate disputes so that interconnection agreements will be fair and will comply with the provisions of the Act.

History

Statutory/Other Authority: ORS 756
Statutes/Other Implemented: 47 USC 252
PUC 8-1998, f. & cert. ef. 4-8-98

Or. Admin. R. 860-016-0015 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not the documents are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6) through (10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency's employees, officials, or employees and officials, unless a formal grievance under a labor contract, a tort claim notice, or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the administrative law judge in a contested case involving some or all of the same matters;

(d) Mediation involving two or more public bodies and a private party if the laws, rules, or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial, or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) and (d), (j) through (l), or (o) and (p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8) and (9) of this rule, mediation communications are confidential and may not be disclosed to any other person; are not admissible in any subsequent administrative, judicial, or arbitration proceeding; and may not be disclosed during testimony in or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties' agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an "agreement to mediate."

Agreement to Participate in a Confidential Mediation

The agency and the parties to the mediation agree to participate in a mediation in which the mediation communications are confidential and/or nondiscoverable and inadmissible to the extent authorized by OAR 860-016-0015(7) and this agreement. This agreement relates to the following mediation:

(a) ___________________________________________

(Identify the mediation to which this agreement applies)

(b) To the extent authorized by OAR 860-016-0015(7), mediation communications in this mediation are: (check one or more)

__ confidential and may not be disclosed to any other person.

__ not admissible in any subsequent administrative proceeding and may not be disclosed during testimony in or during any discovery conducted as part of a subsequent administrative proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative proceeding.

__ not admissible in any subsequent administrative, judicial, or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent administrative, judicial, or arbitration proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative, judicial, or arbitration proceeding.

Name of Agency

_____________________________________ Date_________

Signature of Agency's authorized representative (when agency is a party) or Agency employee acting as the mediator (when Agency is mediating the dispute)

(d) ________________________________________

Name of party to the mediation

_____________________________________ Date_________

Signature of party's authorized representative

(e) _______________________________________

Name of party to the mediation

_____________________________________ Date_________

Signature of party's authorized representative

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents, and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation, are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged, or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify, or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial, or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial, or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Commission determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 17.095, or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training, or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to the mediator and all parties to the mediation a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230, 36.232 & 756.060
PUC 10-2003, f. & cert. ef. 6-10-03

Or. Admin. R. 860-016-0020 Agreements Arrived at Through Negotiation

(1) Upon receiving a request for interconnection, services, or network elements pursuant to Section 251 of the Act, the affected telecommunications carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier.

(2) The negotiating parties may ask a mediator outside the Commission to help them reach agreement. If they request the Commission to mediate, the Commission will use an Administrative Law Judge (ALJ) or a member of the utility Staff to mediate. Only the negotiating parties and the mediator will participate in mediation sessions.

(3) After the parties reach agreement under Section 252(a) of the Act, they must file an application with the Commission seeking approval of the agreement, or for approval of an amendment to an approved agreement on file with the Commission. The application must include the negotiated agreement and a completed Carrier-to-Carrier Agreement Checklist. A copy of the checklist is available on the Commission's website. The parties may also include any other supporting information with their application. The application and checklist must be filed electronically as required in OAR 860-001-0170.

(4) The Commission will approve or reject the agreement within 90 days of filing, with written findings as to any deficiencies. Prior to rejecting the agreement, the Commission will notify the negotiating parties of its intended action and provide an opportunity for the carriers to respond. The grounds for rejection are that the agreement:

(a) Discriminates against a carrier not a party to the agreement; or

(b) Is not consistent with the public interest, convenience, and necessity. Applicable Commission policies will be a factor in public interest, convenience, and necessity determinations.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: 47 USC 252
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 11-2006, f. & cert .ef. 12-15-06
PUC 2-2005, f. & cert. ef. 2-11-05
PUC 12-2004(Temp), f. & cert. ef. 8-31-04 thru 2-26-05
PUC 6-2002, f. & cert. ef. 2-13-02
PUC 25-2001, f. & cert. ef 11-5-01
PUC 8-1998, f. & cert. ef. 4-8-98

Or. Admin. R. 860-016-0021 Wholesale Promotions

(1) A carrier intending to offer a wholesale promotion that would modify the terms of a Carrier-to-Carrier Agreement must provide the Commission and other telecommunications carriers notice of the promotion at least 30 days prior to the effective date of the promotion. The notice to the Commission must include:

(a) A copy of a form contract, containing the terms and conditions of the promotional offering that would be submitted as an amendment to an existing Carrier-to-Carrier Agreement; and

(b) A description of the means used to notify other telecommunications carriers of the promotion.

(2) The offering carrier must file the notice with the Commission and must include a completed Carrier-to-Carrier Agreement Checklist, a copy of which is available on the Commission's website. The notice and checklist must be filed electronically as required in OAR 860-001-0170.

(3) The Commission will approve the form contract unless it finds that the contract, if filed as an amendment to an interconnection agreement, would be subject to rejection under OAR 860-016-0020(4).

(4) If another carrier accepts the promotional offering, the offering and accepting carriers must file, within 10 days of execution by the parties, an amendment to an existing Carrier-to-Carrier Agreement incorporating the exact terms and conditions of the approved amendment in the form contract. Any such filed amendment will be deemed effective upon the later of the Commission approval of the form contract or execution of the amendment by the parties.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: 47 USC 252
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 11-2006, f. & cert .ef. 12-15-06
PUC 2-2005, f. & cert. ef. 2-11-05
PUC 12-2004(Temp), f. & cert. ef. 8-31-04 thru 2-26-05

Or. Admin. R. 860-016-0025 Adoption of Previously Approved Agreement or Statement of Generally Available Terms

(1) If a requesting telecommunications carrier decides to adopt an identical agreement or an identical individual arrangement contained in an agreement, pursuant to Section 252(i) of the Act and 47 CFR Section 51.809, with the exception of the adopting party's name and new effective date, previously approved by and on file with the Commission, or a Statement of Generally Available Terms approved by the Commission under OAR 860-016-0040, it must file notice of the adoption with the Commission. The notice must include a completed Carrier-to-Carrier Agreement Checklist.

(2) The notice documents must be filed electronically as required in OAR 860-001-0170.

(3) If the notice is filed jointly with the affected telecommunications carrier, the adoption becomes effective on the date filed.

(4) If the notice is filed unilaterally by the requesting telecommunications carrier, the requesting telecommunications carrier must simultaneously provide notice of the adoption to the affected carrier. The affected carrier may then file objections to the adoption within 21 calendar days of such notice. If no objections are filed, the adoption becomes effective on the 22nd day after filing.

(5) An affected carrier may object to an adoption on the following grounds:

(a) The costs of providing a particular interconnection, service, or element to the requesting telecommunications carrier are greater than the costs of providing it to the telecommunications carrier that originally negotiated the agreement;

(b) The provision of a particular interconnection, service, or element to the requesting carrier is not technically feasible;

(d) The agreement proposed to be adopted has expired or been cancelled; or

(e) The proposed adoption is unlawful.

(6) If the affected carrier files objections, the requesting carrier may file a reply within 14 calendar days after the objections are filed. An assigned Administrative Law Judge (ALJ) will schedule a conference within 5 business days after the reply is filed, to be held as soon thereafter as practicable. At the conference, the ALJ will determine whether the issues raised by the affected carrier's objection can resolved based on the pleadings and all supporting documentation, or whether further proceedings are necessary. If further proceedings are necessary, the ALJ will establish a schedule for resolving the dispute on an expedited basis. Pending resolution of the dispute, other provisions of the proposed adoption not contested by the affected carrier will become effective.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: 47 USC 252
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 11-2006, f. & cert .ef. 12-15-06
PUC 6-2002, f. & cert. ef. 2-13-02
PUC 25-2001, f. & cert. ef 11-5-01

Or. Admin. R. 860-016-0030 Arbitration of Disputes

(1) Negotiating parties may engage the services of an outside arbitrator rather than file a petition with the Commission. If the negotiating parties petition the Commission to arbitrate their dispute, the Commission will use an ALJ as arbitrator unless workload constraints necessitate the use of an outside arbitrator.

(2) A petition for arbitration must contain:

(a) Identification of the parties’ representatives, including contact information with electronic mail addresses;

(b) A statement of all unresolved issues;

(d) A proposed agreement addressing all issues, including those on which the parties have reached agreement and those that are in dispute. Wherever possible, the petitioner should rely on the fundamental organization of clauses and subjects contained in an agreement previously approved by the Commission; and

(e) Documentation showing that the request complies with the time requirements of the Act.

(3) Respondent may file a response within 25 days of the request for arbitration. In the response, the respondent must address each issue listed in the request, describe the respondent's position on those issues, and identify and present any additional issues for which the respondent seeks resolution.

(4) The arbitration will be conducted in a manner similar to a contested case proceeding, and the arbitrator will have the same authority to conduct the arbitration process as an ALJ has in conducting hearings under the Commission's rules. However, the arbitration process will be streamlined to meet the Act's timelines. An early conference will be held to discuss processing of the case, and to receive the proposal put forth by each party. The arbitrator will establish the schedule, and decide whether an oral hearing would be helpful. After the oral hearing or other procedures (for example, rounds of comments), each party will submit its "final offer" proposed agreement. The arbitrator will choose between the two final offers. However, if neither offer is consistent with the Act and Commission policies, the arbitrator will make an award that meets those requirements.

(5) Formal discovery procedures will be allowed only to the extent deemed necessary by the arbitrator. Parties will be required to cooperate in good faith in voluntary, prompt, and informal exchanges of information relevant to the matter. Unresolved discovery disputes will be resolved by the arbitrator upon request of a party. The arbitrator will order a party to provide information if the arbitrator determines the requesting party has a reasonable need for the requested information and that the request is not overly burdensome.

(6) Only the two negotiating parties will have full party status. The arbitrator may confer with Staff for assistance throughout the arbitration process. If Staff assistance is desired, the arbitrator will notify (by telephone or other means) the parties at least 24 hours before the consultation with Staff. The parties may attend or listen to the consultation and may respond in a manner allowed by the arbitrator.

(7) To keep the process moving forward, appeals to the Commission will not be allowed during the arbitration process. An arbitrator may certify a question to the Commission if deemed necessary.

(8) To accommodate the need for flexibility, the arbitrator may use procedures that vary from those set out here if the arbitrator deems it helpful in a particular arbitration, as long as the procedures are fair, treat the parties equitably, and substantially comply with the procedures listed here.

(9) Each arbitration award must:

(a) Ensure that the requirements of sections 251 and 252 of the Act and any valid applicable Federal Communications Commission regulations under that section are met;

(b) Establish interconnection and network element prices consistent with the Act;

(d) Be consistent with Commission policies.

(10) After an arbitration award is submitted to the Commission, notice will be served on those who have indicated a desire to receive notice of mediated and arbitrated agreements. Any person may then file comments within 10 days of service of the award.

(11) The Commission will accept or reject an arbitration award within 30 days.

(12) Within 14 days after the Commission issues its arbitration decision, petitioner must prepare an interconnection agreement complying with the terms of the arbitration decision and serve it on respondent. Within 10 days of service of this interconnection agreement, respondent must either sign and file the agreement or file objections to it. If objections are filed, respondent must state how the agreement fails to comply with the arbitration decision, and offer substitute language complying with the decision. The Commission will approve or reject a filed interconnection agreement within 30 days of its filing, or the agreement will be deemed approved. If petitioner, without respondent's consent, fails to timely prepare and serve an interconnection agreement on respondent, respondent may file a motion requesting the Commission dismiss the petition for arbitration with prejudice. The Commission may grant such motion if the petitioner's failure to timely prepare and serve the interconnection agreement was the result of inexcusable neglect on the part of petitioner.

History

Statutory/Other Authority: ORS 756
Statutes/Other Implemented: 47 USC 252
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 11-2006, f. & cert .ef. 12-15-06
PUC 8-1998, f. & cert. ef. 4-8-98

Or. Admin. R. 860-016-0040 Statement of Generally Available Terms

(1) A Bell Operating Company may file a statement of generally available terms that comply with Sections 251 and 252 of the Act. Any person may file comments concerning the statement of generally available terms within 30 days of the filing of the statement. The comments shall be limited to the standards for review established in this rule.

(2) The Commission will review the statement of generally available terms within 60 days of its submission, and either reject it or permit it to go into effect. The period for review may be extended if the submitting carrier agrees to a time extension. The Commission may continue to review the statement after it has gone into effect.

History

Statutory/Other Authority: ORS 756
Statutes/Other Implemented: 47 USC 252
PUC 8-1998, f. & cert. ef. 4-8-98

Or. Admin. R. 860-016-0050 Petitions for Enforcement of Interconnection Agreements

(1) This rule specifies the procedure for a telecommunications provider, as defined in OAR 860-032-0001, to file a complaint for the enforcement of an interconnection agreement executed pursuant to the Telecommunications Act of 1996 (the Act). This includes interconnection agreements, resale agreements, agreements for the purchase or lease of unbundled network elements (UNEs), or statements of generally available terms and conditions (SGATs), whether those agreements were entered into through negotiation, mediation, arbitration, or adoption of a prior agreement or portions of prior agreements. Section (13) of this rule specifies procedures for complaints alleging that telecommunications utilities have engaged in prohibited acts under ORS 759.455.

(2) At least 10 days prior to filing a complaint for enforcement, complainant must give written notice to defendant and the Commission that complainant intends to file a complaint for enforcement. The notice must identify the provisions in the agreement that complainant alleges were or are being violated and the specific acts or failure to act that caused or are causing the violation, and whether complainant anticipates requesting temporary or injunctive relief. On the same day the notice is filed with the Commission, complainant must serve a copy of the notice on defendant’s authorized representative, attorney of record, or designated agent for service of process. Complainant must also serve the notice on all persons designated in the interconnection agreement to receive notices;

(3) A complaint for enforcement of an interconnection agreement must:

(a) Contain a statement of specific facts demonstrating that the complainant conferred with defendant in good faith to resolve the dispute, and that despite those efforts the parties failed to resolve the dispute;

(b) Include a copy of the written notice, required by section (2), indicating that the complainant intends to file a complaint for enforcement;

(c) Include a copy of the interconnection agreement or the portion of the interconnection agreement that the complainant contends was or is being violated. If a copy of the entire interconnection agreement is provided, complainant must specify provisions at issue. If the interconnection agreement adopted a prior agreement or portions of prior agreements, the complaint must also indicate the provisions adopted in those agreements;

(d) Contain a statement of the facts or law demonstrating defendant's failure to comply with the agreement and complainant's entitlement to relief. The statement must indicate that the remedy sought is consistent with the dispute resolution provisions in the agreement, if any. Statements of facts must be supported by written testimony with affidavits, made by persons competent to testify and having personal knowledge of the relevant facts. Statements of law must be supported by appropriate citations. If exhibits are attached to the affidavits, the affidavits must contain the foundation for the exhibits;

(e) Designate up to three persons to receive copies of other pleadings and documents;

(f) Include any motions for affirmative relief, filed as a separate document and clearly marked. Nothing in this subsection precludes complainant from filing a motion subsequent to the filing of the complaint if the motion is based upon facts or circumstances unknown or unavailable to complainant at the time the complaint was filed; and

(g) Include an executive summary, filed as a separate document not to exceed 8 pages, outlining the issues and relief requested.

(4) On the same day the complaint is filed with the Commission, complainant must serve a copy of the complaint on defendant’s authorized representative, attorney of record, or designated agent for service of process. Service may be by electronic mail, fax, or overnight mail, but the complaint must arrive at defendant's location on the same day the complaint is filed with the Commission. Service by electronic mail or fax must be followed by a physical copy the next day by overnight delivery.

(5) Within 10 business days after service of the complaint, defendant may file an answer with the Commission. Any allegations raised in the complaint and not addressed in the answer are deemed admitted. The answer must:

(a) Contain a statement of specific facts demonstrating that the defendant conferred with complainant in good faith to resolve the dispute, and that despite those efforts the parties failed to resolve the dispute;

(b) Respond to each allegation set forth in the complaint and set forth all affirmative defenses;

(c) Contain a statement of the facts or law supporting defendant's position. Statements of facts must be supported by written testimony or one or more affidavits, made by persons competent to testify and having personal knowledge of the relevant facts. Statements of law must be supported by appropriate citations. If exhibits are attached to the affidavits, the affidavits must contain the foundation for the exhibits; and

(d) Designate up to three persons to receive copies of other pleadings and documents;

(6) On the same day as the answer is filed, the defendant must also file its response to any motion filed by complainant and its motions for affirmative relief. Each response and each motion must be filed as a separate filing. Nothing in this section precludes defendant from filing a motion subsequent to the filing of the answer if the motion is based upon facts or circumstances unknown or unavailable to defendant at the time the answer was filed.

(7) On the same day the answer is filed with the Commission, defendant must serve a copy of the answer to the complainant’s authorized representative, attorney of record, or designated agent for service of process.

(8) Complainant must file a reply to an answer that contains affirmative defenses within 5 business days after the answer is filed. On the same day the reply is filed with the Commission, complainant must serve a copy of the reply to defendant’s authorized representative, attorney of record, or designated agent for service of process.

(9) A cross-complaint or counterclaim must be answered within the 10-business day time frame allowed for answers to complaints.

(10) The Commission will conduct a conference regarding each complaint for enforcement of an interconnection agreement.

(a) The Administrative Law Judge (ALJ) will schedule a conference within 5 business days after the answer is filed, to be held as soon as practicable. At the discretion of the ALJ, the conference may be conducted by telephone;

(b) Based on the complaint and the answer, all supporting documents filed by the parties, and the parties' oral statements at the conference, the ALJ will determine whether the issues raised in the complaint can be determined on the pleadings and submissions without further proceedings or whether further proceedings are necessary. If further proceedings are necessary, the ALJ will establish a procedural schedule. The procedural schedule may include a mandatory mediation session. Either party may request that a person other than the ALJ preside over the mediation. Nothing in this subsection is intended to prohibit the bifurcation of issues where appropriate;

(c) In determining whether further proceedings are necessary, the ALJ will consider, but is not limited to, the positions of the parties; the need to clarify evidence through the examination of witnesses; the complexity of the issues; the need for prompt resolution; and the completeness of the information presented;

(d) The ALJ may make oral rulings on the record during the conference on all matters relevant to the conduct of the proceeding.

(11) A party may file with the complaint or answer a request for discovery, stating the matters to be inquired into and their relationship to matters directly at issue.

(12) When warranted by the facts, the complainant or defendant may file a motion requesting that an expedited procedure be used. The moving party must file a proposed expedited procedural schedule along with its motion. The ALJ will schedule a conference to be held as soon as practicable, to determine whether an expedited schedule is warranted.

(a) The ALJ will consider whether the issues raised in the complaint or answer involve a risk of imminent, irrevocable harm to a telecommunications provider and to the public interest;

(b) If a determination is made that an expedited procedure is warranted, the ALJ will establish a procedure that ensures a prompt resolution of the merits of the dispute, consistent with due process and other relevant considerations. The ALJ will consider, but is not bound by, the moving party's proposed expedited procedural schedule;

(c) An expedited procedure may be appropriate if the complainant shows that its ability to provide telecommunications services will be substantially harmed unless the Commission acts promptly. In general, the Commission will not entertain a motion for expedited procedure where the dispute solely involves the payment of money.

(13) Procedures for complaints alleging violation of ORS 759.455.

(a) An answer under section (5) of this rule must be filed with the Commission and served on the complainant within 10 calendar days after service of the complaint;

(b) A reply under section (8) of this rule must be filed with the Commission and served on the defendant within 5 calendar days after the answer is filed;

(d) A hearing will begin no later than 30 days after the complaint is filed;

(e) The ALJ may consult with the Commission Staff in the manner set forth in OAR 860-016-0030(6).

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040, 756.518, 759.030(1), 759.455, Ch. 1093, OL 1999 & 47 USC § 252
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 1-2005, f. & cert. ef. 2-2-05
PUC 21-2002, f. & cert. ef. 12-9-02
PUC 7-2000, f. & cert. ef. 5-3-00
PUC 7-1999, f. & cert. ef. 10-18-99

Division 21 UTILITY REGULATION

Or. Admin. R. 860-021-0000 Applicability of Division 21

The rules contained in this division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-021-0008.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 759.030, 759.040 & 759.045
PUC 11-2001, f. & cert. ef. 4-18-01
PUC 14-2000, f. & cert. ef. 8-23-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 14-1997, f. & cert. ef. 11-20-97
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-021-0005 Scope of the Rules

Upon request or its own motion, the Commission may waive any of the Division 021 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-021-0008 Definitions for Regulation of Utility Services

(1) “Applicant” means a person who:

(a) Applies for service with an energy or large telecommunications utility;

(b) Reapplies for service at a new or existing location after service has been discontinued; or

(c) Has not satisfied the requirements of OAR 860-021-0205 or 860-021-0335(2) within the required time period, if either rule is applicable.

(2) “Co-customer” means a person who meets the definition of “customer” and is jointly responsible with another person for utility service payments on an account with the energy or large telecommunications utility. If only one co-customer discontinues service in their name, the remaining co-customer shall only retain customer status if they reapply for service in their own name within 20 days of such discontinuance, provided the energy or large telecommunications utility contacts the remaining co-customer or sends the remaining co-customer a written request for an application within one business day of the discontinuance.

(3) “Customer” means a person who has applied for, been accepted, and is currently receiving service. Notwithstanding section (1) of this rule, a customer who voluntarily disconnects service and later requests service with the same utility at a new or existing location within 20 days after disconnection retains customer status.

(4) “Energy utility” has the meaning given to a public utility in ORS 757.005, except water and wastewater. An energy utility can be an “electric company,” “gas utility,” or “steam heat utility.”

(5) "Income-qualified residential customer" means a customer or applicant whose eligibility has been verified under OAR 860-021-0180.

(6) “Large telecommunications utility” means any telecommunications utility, as defined in ORS 759.005, that is not partially exempt from regulation under ORS 759.040.

(7) “Local exchange service” has the meaning given to “local exchange telecommunications service” in ORS 759.005(1)(c).

(8) “OTAP” has the meaning given to “Oregon Telephone Assistance Program” in OAR Chapter 860, Division 033.

(9) “Registered dispute” means an unresolved issue between a customer or applicant and an energy or large telecommunications utility that is under investigation by the Commission’s Consumer Services Section but is not the subject of a formal complaint.

(10) “Regulated charges” means charges for services delivered in Oregon and subject to the jurisdiction and approval of the Commission.

(11) “Severe air quality event” means any day on which the Department of Environmental Quality has issued an air quality advisory or the Air Quality Index (AQI) is forecasted to be 100 or above on the website AirNow.gov or a similar air quality reporting service designated by the utility.

(12) “Severe heat event” means any day on which the National Weather Service or similar weather reporting service designated by the utility has issued an extreme heat warning, extreme heat watch, or heat advisory.

(13) “Severe off-season cold event” means any day from May 1 through October 31 where the National Weather Service or similar weather reporting service designated by the utility has forecast a low temperature of 32 degrees Fahrenheit or below and a high temperature of 60 degrees Fahrenheit or below, or weather conditions that pose a threat to life or property.

(14) “Severe on-season cold event” means any day from November 1 through April 30 where the National Weather Service or similar weather reporting service designated by the utility has forecast temperatures of 32 degrees Fahrenheit or below or issued a winter storm warning indicating weather conditions that pose a threat to life or property.

(15) “Severe weather” means any day on which conditions as defined in sections (11), (12), (13), or (14) of this rule are present.

(16) “Utility” means all large telecommunications and energy utilities, as defined in sections (4) and (6) of this rule, except when a more limited scope is explicitly stated.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.010, ORS 757.005, ORS 759.005 & ORS 757.230
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 164, f. 4-18-74. ef. 5-11-74 (Order No. 74-307); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); PUC 12-1983, f. & ef. 10-7-83 (Order No. 83-623); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217); PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98; PUC 5-1998, f. & cert. ef. 3-13-98; PUC 4-1999, f. & cert. ef. 8-12-99; PUC 16-2001, f. & cert. ef. 6-21-01

Or. Admin. R. 860-021-0009 Applications for Utility Service from an Energy or Large Telecommunications Utility

(1) An application for energy or telecommunications utility service must be made when:

(a) Service is requested by a person who has not previously been served by the energy or large telecommunications utility;

(b) Service has been involuntarily discontinued in accordance with these rules, and the person later seeks to have service restored; or

(2) An application is a request for energy or telecommunications utility service. The energy or large telecommunications utility shall not accept an application for service until the applicant establishes credit as set forth in OAR 860-021-0200 and 860-021-0205. However, the energy or large telecommunications utility may refuse a service application under OAR 860-021-0335.

(3) An energy or large telecommunications utility may require an applicant to provide the following information when applying for service:

(a) The name of person(s) responsible for payment on the account;

(b) The name to be used to identify the account, if different than the actual name;

(d) The social security number of person(s) responsible for payment on the account;

(e) A current valid Oregon driver license number of the person(s) responsible for payment on the account;

(f) The service address;

(g) The billing address, if different than service address; and

(h) Any available telephone numbers where the applicant can be reached night and day.

(4) In lieu of providing a valid social security number or current valid Oregon driver license number under section (3) of this rule, an applicant may provide:

(a) A state or federal government issued form of identification containing name and photograph of the person(s) responsible for payment on the account, regardless of expiration date;

(b) A passport, regardless of expiration date;

(d) A combination of:

(A) An original or certified true copy of his or her birth certificate;

(B) A current identification from school or employer containing a photograph; and

(C) The name, address, and telephone number of a person who can verify the applicant's identity, such as a teacher, employer, or caseworker; or,

(e) Other information deemed sufficient by the utility to establish an applicant’s identification.

(5) If an applicant is denied service for failure to provide an acceptable form of identification, the applicant may pursue conflict resolution under the Commission’s rules.

(6) Upon request, the energy or large telecommunications utility shall protect the account from access by others through the use of a personalized password or other means acceptable to both the energy or large telecommunications utility and the customer.

(7) A large telecommunications utility shall protect the identity of a customer at risk of domestic violence or other abuse. At its option, the large telecommunications utility shall provide the identity protection by allowing the customer to use a modified or alternative name for a directory listing or by providing, at no cost, a non-published listing in accordance with other applicable tariff provisions for the length of time the endangerment exists. A customer requesting a nonpublished listing under this section must provide:

(a) A copy of a court order that restrains another person from contact with the customer by reason of risk of domestic violence, as defined in ORS 135.230, or unwanted sexual contact, as defined in ORS 163.305, abuse, as defined by the Elderly and Disabled Person Abuse Prevention Act, ORS 124.005 et seq., or stalking, as defined by ORS 163.730 et seq.; and

(b) An affidavit, stating that the customer is financially unable to pay for the nonpublished listing.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217)
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284)

Or. Admin. R. 860-021-0010 Information for Utility Customers and Applicants

(1) Each energy utility and large telecommunications utility shall, upon request, furnish each customer and applicant with such information as is reasonable to permit the customer to secure efficient service and select appliances properly adapted to their service needs. Gas utilities shall, upon request, inspect and adjust customer-owned appliances and facilities for safe and efficient operation.

(2) Each energy utility or large telecommunications utility providing metered service shall, upon request, inform its customers and applicants how to read meters, either in writing or by explanation at the utility’s offices, where applicable.

(3) Each energy utility or large telecommunications utility shall keep on file and open for public inspection at its offices, where applicable, complete rate schedules, contract forms, rules and regulations of the utility, and a copy of the Commission’s rules and regulations.

(4) Each energy utility or large telecommunications utility shall supply, upon request, a copy of the tariffs applicable to the type or types of service furnished to the customer by the utility.

(5) Upon application for new service, or upon later request, the energy or large telecommunications utility shall assist the customer or applicant in selecting the most advantageous rate to meet individual service requirements. The customer or applicant shall be responsible for making the final selection of a rate schedule.

(6) When service is initiated and not less than once each year thereafter, every energy or large telecommunications utility shall give its residential customers a written summary of their rights and responsibilities, as they relate to the utility providing service. If service is initiated without a personal visit between the energy or large telecommunications utility and the customer, the utility shall provide the summary to the customer no later than when the first bill statement is sent. Large telecommunications utilities satisfy the annual notification requirement by prominent publication of the information in a telephone directory. The summary shall include the text of a summary reviewed and approved by the Commission’s Consumer Services Section and describe:

(a) The customer’s option to designate a third party to receive bills and notices and the availability of notices in languages other than English;

(b) Applicable financial assistance programs, such as the Energy Assistance Fund for gas utilities and electric companies and Link-Up America for telecommunications utilities;

(d) Special payment options such as equal-payment plans. Late-payment charges, if any, shall be explained, along with the availability of any preferred billing date option;

(e) Procedures for conflict resolution, including how to register a dispute with the energy or large telecommunications utility and with the Commission and the toll-free number of the Commission’s Consumer Services Section;

(f) Listings of customer organizations that participate in Commission proceedings, including addresses and telephone numbers, may be requested from the Commission’s Consumer Services Section; and

(g) The Commission’s telephone solicitation rules (telecommunications utilities only) as set forth in OAR 860-021-0610.

(7) When service is initiated, the energy or large telecommunications utility shall inquire whether the customer would like to receive notices in a language other than English and will inform the customer of the type of notices and translations currently available. If the language chosen is not available, the energy or large telecommunications utility will tell the customer the translated version does not yet exist but the customer’s interest will be recorded for the Commission. Each energy or large telecommunications utility shall report to the Commission the number of requests for notices and summaries in non-English languages. The reports shall specify the number of requests for each language.

(8) Each energy or large telecommunications utility shall post notices approved by the Commission in a conspicuous place in each utility office, where applicable, where credit matters are transacted, setting forth the rights and responsibilities of customers under these rules. The notices shall be printed in large boldface type and shall be written in language that is easy to understand.

(9) An energy utility may request that an applicant provide demographic information when applying for service, including race, ethnicity, age and gender. A utility that collects such data must store the data in a manner that does not permit the identification of the applicant or customer with the collected demographic data. An energy utility shall not sell this data to afftliates or third-party entities.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 164, f. 4-18-74. ef. 5-11-74 (Order No. 74-307); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217); PUC 11-1998, f. & cert. ef. 5-7-98; PUC 4-1999, f. & cert. ef. 8-12-99; PUC 16-2001, f. & cert. ef. 6-21-01

Or. Admin. R. 860-021-0011 Multilingual Notices

(1) All energy utilities’ and large telecommunications utilities’ disconnect notices shall contain the following information translated into Spanish, Vietnamese, Cambodian, Laotian, and Russian or the five most used non-English languages in an energy utility's service territory: IMPORTANT NOTICE: Your (electric, gas, or telephone) services will be shut off due to an unpaid balance on your account. You must act immediately to avoid shutoff. Important information about how you can avoid shutoff is printed in English in the enclosed notice. If you cannot understand English, please find someone to translate the notice. If translation assistance is unavailable, please contact (name) at (phone number) who will try to help you. Information on customer’s rights and responsibilities printed in this language is also available by calling that number. YOU MUST ACT NOW TO AVOID SHUTOFF.

(2) The Commission will translate a customer's rights and responsibilities summary into the designated non-English languages and provide copies to utilities. The customer information published by an energy or large telecommunications utility pursuant to OAR 860-021-0010 shall prominently display the following information printed in the designated non-English languages, in boldface, at the beginning of the summary: A version of a customer rights and responsibilities summary printed in this language is available by calling (name of utility) at (phone number).

(3) The energy or large telecommunications utility shall record all requests and promptly send the requested version of the summary to the customer.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040 & OL 1987, Ch. 290
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 14-1997, f. & cert. ef. 11-20-97
PUC 13-1997, f. & cert. ef. 11-12-97
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)

Or. Admin. R. 860-021-0015 Dispute Resolution

(1) When a dispute occurs between a customer or applicant and a utility about any charge or service, the utility must:

(a) Thoroughly investigate the matter;

(b) Promptly report the results of its investigation to the complainant;

(d) Prepare a written record of the dispute including the name and address of the complainant involved, the date the complaint was received, the issues in dispute, and the disposition of the matter; and

(e) Retain records of the dispute for at least 36 months after the investigation is closed.

(2) If the utility and complainant cannot resolve the dispute, the utility must inform the complainant of the right to contact the Commission's Consumer Services Section and request assistance in resolving the dispute. The utility must provide the following contact information for the Commission's Consumer Services Section:

(a) Telephone: 503-378-6600; 1-800-522-2404; TTY 711;

(b) Mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon 97308;

(d) Electronic mail address: puc.consumer@puc.oregon.gov; and

(e) Website: https://apps.puc.state.or.us/consumer/complaint.asp.

(3) The Consumer Services Section will investigate any dispute upon request to determine whether it can be resolved as an informal complaint.

(4) If the Consumer Services Section cannot resolve the dispute the complainant may file a formal written complaint with the Commission under ORS 756.500. The formal complaint must be submitted on an approved form available from the Consumer Services Section.

(a) The complaint must be filed electronically with the Filing Center at PUC.FilingCenter@puc.oregon.gov;

(b) If complainant does not have access to electronic mail;

(A) The complaint may be mailed, faxed, or delivered to the Filing Center at the address set out in OAR 860-001-0140; and

(B) The complaint must include a request for waiver of electronic service and filing requirements. This request is included on the form available from the Commission’s Consumer Services Section.

(c) The Commission will serve the complaint on the utility. The Commission may electronically serve the utility with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file;

(d) The utility must answer the complaint within 15 days of service of the complaint by the Commission; and

(e) The Commission will determine a procedural schedule after the utility’s answer is filed. The utility must serve a copy of its answer on the complainant:

(A) If the utility files a motion to dismiss, the complainant may file a response within 15 days of the motion. If the complainant responds, the complainant must file the response with the Filing Center and send a copy to the utility. The Commission may make a decision on the formal complaint based on the information in the complaint, the utility’s response and motion to dismiss, and the complainant’s response to the utility’s motion; or

(B) The Commission may set a procedural schedule for the complaint proceedings, including but not limited to, scheduling dates for receiving additional information from the parties, telephone conferences, or a hearing. A hearing may be held on less than 10 days’ notice when good cause is shown.

(5) At the time of the filing of a formal consumer complaint, the complainant may indicate on the consumer complaint form that the complainant is interested in using mediation to explore informal resolution.

(a) Upon receipt of a complainant’s interest in mediation, the Commission will direct the defendant utility to indicate, within five business days, whether it is willing to participate in mediation.

(b) If the utility agrees to mediation, the Commission will stay all procedural deadlines associated with the consumer complaint and expeditiously appoint an Administrative Law Judge to serve as mediator and schedule a mediation session. The mediator may request the parties to provide additional information to help facilitate the mediation.

(c) If the parties do not agree to mediation, or the parties are unable to reach informal resolution through mediation, the Commission will appoint an Administrative Law Judge who did not serve as mediator to schedule the matter for hearing.

(6) Upon filing a formal complaint relating to a proposed or actual termination of service, the complainant may request a hearing to determine whether the complainant is entitled to continued or restored service pending the resolution of the complaint. Unless extraordinary circumstances exist, the Commission will conduct the hearing electronically within three business days. Notice of the hearing will be provided to the complainant and the utility at least 12 hours before the date and time of the hearing. Pending resolution of the dispute, the complainant’s obligation to pay undisputed amounts continues.

(7) A complainant who has a registered dispute or formal complaint pending with the Commission is entitled to continued or restored service when:

(a) Service was not terminated for tampering with utility property, stealing, diverting, or using unauthorized service, or failure to establish credit;

(b) A bona fide dispute exists in which the facts asserted entitle the complainant to service;

(d) The complainant diligently pursues conflict resolution under the Commission’s rules.

(8) If the conditions in section (7) of this rule are not satisfied, the utility has no obligation to provide continued service. A utility discontinuing service because of a failure to meet the conditions of subsections (7)(c) or (7)(d) of this rule must give the customer five-day notice served in the same manner as provided by OAR 860-021-0405 or 860-021-0505, whichever applies, except the notice need only describe the defect in performance, the date and time when utility service will terminate, and the toll-free number of the Commission’s Consumer Services Section.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 756.500 & ORS 756.512
PUC 8-2026, amend filed 06/24/2026, effective 06/25/2026
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 164, f. 4-18-74. ef. 5-11-74 (Order No. 74-307); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); PUC 12-1983, f. & ef. 10-7-83 (Order No. 83-623); PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC 4-1985, f. & ef, 4-22-85 (Order No. 85-350); PUC 5-1987, f. & ef. 7-2-87 (Order No. 87-723); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1998, f. & ef. 5-7-98 (Order No. 98-188); PUC 8-1999, f. & cert. ef. 10-18-99; PUC 19-2001, f. & cert. ef. 6-21-01; PUC 11-2003, f. & cert. ef. 7-3-03; PUC 6-2013, f. & cert. ef. 8-7-13

Or. Admin. R. 860-021-0017 Designation of Third Party to Receive Notices

Each energy or large telecommunications utility shall offer its customers the option to designate a third party to receive bills and notices set forth in these rules. When an energy or large telecommunications utility receives such designation, it shall send bills and notices required under these rules to the customer’s representative, with duplicate copies of disconnect notices also served on the customer.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 756.500 & 757.760
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0080; PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1998, f. & cert. ef. 5-7-98

Or. Admin. R. 860-021-0019 Restrictions on Entering a Customer Residence

No employee of an energy or large telecommunications utility shall enter the residence of a customer without proper authorization except in an emergency endangering life or property.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0066

Or. Admin. R. 860-021-0021 Interruption of Utility Service

(1) Each energy or large telecommunications utility shall keep a record of any interruption of service affecting its whole system, or a major section thereof, including a statement of the time, duration, and cause of interruption.

(2) Each energy or large telecommunications utility shall make all reasonable efforts to prevent interruptions of service. When such interruptions occur, the energy or large telecommunications utility shall endeavor to reestablish service with the shortest possible delay consistent with the safety of its customers, employees, and the general public.

(3) In cases when the interruption of service lasts longer than 21 days, the utility shall promptly notify the Commission; and provide the reasons for the continued interruption, the efforts to that date the utility had taken to restore service, and what additional events or measures are required to restore service.

(4) Each energy or large telecommunications utility shall make reasonable efforts to notify every customer affected in advance of any scheduled work that will interrupt service, but such notice shall not be required in case of interruption due to emergency repairs or for repairs or maintenance work performed by a telecommunications utility that results in an interruption of less than five minutes. All scheduled interruptions shall be made at a time causing minimum inconvenience to customers. In determining reasonable notice, the energy or large telecommunications utility shall consider the length of the planned interruption, the type and number of customers affected, the potential impact of the interruption on customers, and other surrounding circumstances. Notice may be given in writing, either via US mail, electronically, or a door hanger on the affected premises, or by contact with the customer or an adult at the residence by personal visit or by telephone.

(5) In addition to the requirements above, electric utilities shall comply with OAR 860-023-0081 through 860-023-0161, which set additional requirements for electric service reliability and reporting.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); Renumbered from 860-021-0070; PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0067; PUC 16-1997, f. 12-11-97, cert. ef. 1-1-98; PUC 11-1998, f. & cert. ef. 5-7-98; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 16-2003, f. & cert. ef. 10-1-03

Or. Admin. R. 860-021-0033 Annual Fees Payable to the Commission by an Electric Utility

(1) On statement forms prescribed by the Commission, each electric company must provide the requested information for the subject year.

(2) Each electric company must pay to the Commission an annual fee on gross operating revenues derived within Oregon at a rate determined by Commission orders entered on or after March 1 of each year. Each electric company must pay the annual fee on or before the date specified in a notice, which date must be at least 15 days after the mailing of the notice. For the purpose of this section, the gross operating revenues of an electric company do not include revenues from sales of power for resale to the extent that the revenues from those sales exceed an amount equal to 25 percent of the total revenues received by the electric company from sales of electricity to end users in the preceding calendar year.

(3) Each electric company must pay to the Commission:

(a) A minimum annual fee of $10. The annual fee is due on or before April 1 of the year after the calendar year on which the annual fee is based.

(b) A late statement fee in accordance with OAR 860-011-0110, if the Commission has not received the electric company’s statement form, completed in compliance with section (1) of this rule, on or before 5 p.m. Pacific Time on the fifth business day following the due date.

(d) A service fee in accordance with OAR 860-011-0110 for each payment returned for non-sufficient funds.

(e) All costs incurred by the Commission to collect a past-due annual fee from the electric company.

(4) The annual fee payment must be received by the Commission no later than 5 p.m. Pacific Time on the due date. A payment may be by cash, money order, bank draft, sight draft, cashier’s check, certified, or personal check. A payment made by check will be conditionally accepted until the check is cleared by the bank on which it is drawn.

(5) For any year in which an electric company’s statement form was due, the Commission may audit the electric company as the Commission deems necessary and practicable:

(a) The Commission’s audit must begin no later than three (3) years after the statement form’s due date.

(b) If the Commission determines that the electric company has underreported its subject revenues, the Commission may assess an additional annual fee, along with a penalty fee for failure to pay under ORS 756.350.

(c) If the Commission determines that the electric company has overpaid its annual fee, the Commission may, at its discretion, recompense the electric company with a refund or a credit against annual fees subsequently due.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.310, 756.320 & 756.350
PUC 10-2007, f. & cert. ef. 9-13-07
PUC 7-2005, f. & cert. ef. 11-30-05
Renumbered from 860-011-0022, PUC 18-2004, f. & cert. ef. 12-30-04
PUC 15-2003, f. & cert. ef. 7-24-03
PUC 11-1999, f.& cert. ef. 11-18-99
PUC 14-1998, f. & cert. ef. 7-15-98

Or. Admin. R. 860-021-0034 Annual Fees Payable to the Commission by Gas Utility or Steam Heat Utility

(1) On statement forms prescribed by the Commission, each gas utility and steam heat utility must provide the requested information for the subject year.

(2) Each gas utility and steam heat utility must pay to the Commission an annual fee on gross operating revenues derived within Oregon at a rate determined by Commission orders entered on or after March 1 of each year.

(3) Each gas utility and steam heat utility must pay to the Commission:

(a) A minimum annual fee of $10. The annual fee is due on or before April 1 of the year after the calendar year on which the annual fee is based.

(b) A late statement fee in accordance with OAR 860-001-0050, if the Commission has not received the utility's statement form, completed in compliance with section (1) of this rule, on or before 5 p.m. Pacific Time on the fifth business day following the due date.

(d) A service fee in accordance with OAR 860-001-0050 for each payment returned for non-sufficient funds.

(e) All costs incurred by the Commission to collect a past-due annual fee from the utility.

(4) The annual fee payment must be received by the Commission no later than 5 p.m. Pacific Time on the due date. A payment may be by cash, money order, bank draft, sight draft, cashier's check, certified, or personal check. A payment made by check will be conditionally accepted until the check is cleared by the bank on which it is drawn.

(5) For any year in which a gas utility or steam heat utility's statement form was due, the Commission may audit the utility as the Commission deems necessary and practicable:

(a) The Commission's audit must begin no later than three (3) years after the statement form's due date.

(b) If the Commission determines that the utility has underreported its subject revenues, the Commission may assess an additional annual fee, along with a penalty fee for failure to pay under ORS 756.350.

(c) If the Commission determines that the utility has overpaid its annual fee, the Commission may, at its discretion, recompense the utility with a refund or a credit against annual fees subsequently due.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.310, 756.320 & 756.350
PUC 7-2015, f. & cert. ef. 9-8-15
PUC 10-2007, f. & cert. ef. 9-13-07
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 20-2003, f. & cert. ef. 11-14-03
PUC 15-2003, f. & cert. ef. 7-24-03
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 11-1999, f. & cert. ef. 11-18-99

Or. Admin. R. 860-021-0036 Annual Fees Payable to the Commission by a Large Telecommunications Utility

(1) On statement forms prescribed by the Commission, each large telecommunications utility must provide the requested information for the subject year.

(2) Each large telecommunications utility must pay to the Commission an annual fee on gross retail intrastate revenue derived within Oregon at a rate determined by Commission orders entered on or before November 1 of each year:

(a) A minimum annual fee of $100. The annual fee is due on or before April 1 of the year after the calendar year on which the annual fee is based. The annual fee rate will not exceed the rate authorized in ORS 756.310 of the gross retail intrastate revenue during the calendar year on which the annual fee is based.

(d) A service fee in accordance with OAR 860-001-0050 for each payment returned for non-sufficient funds.

(e) All costs incurred by the Commission to collect a past-due annual fee from the utility.

(3) The annual fee payment must be received by the Commission no later than 5 p.m. Pacific Time on the due date. A payment may be by cash, money order, bank draft, sight draft, cashier's check, certified, or personal check. A payment made by check will be conditionally accepted until the check is cleared by the bank on which it is drawn.

(4) Each large telecommunications utility must:

(a) Collect the annual fee by charging an equitable amount to each retail customer, using apportionment methods that are consistently applied by the utility throughout Oregon, and

(b) Describe the amount of the apportioned charge upon each retail customer's bill.

(5) If the annual fee charge is embedded in the large telecommunications utility's Commission-approved retail rates, and:

(a) If the utility does not separately charge the customer an additional amount for the apportioned annual fee, then the utility may comply with section (4) of this rule by merely describing the apportioned amount of the charge on the retail customer's bill.

(b) If the utility separately charges the customer an additional amount for the apportioned annual fee, then the utility must comply with ORS 756.310(6)(c).

(6) For any year in which a large telecommunications utility's statement form was due, the Commission may audit the utility as the Commission deems necessary and practicable:

(a) The Commission's audit must begin no later than three (3) years after the statement form's due date.

(7) Each large telecommunications utility must:

(a) Maintain its records in sufficient detail to readily provide gross retail intrastate revenue from Oregon telecommunications services, as defined in OAR 860-032-0080;

(b) Follow the revenue allocation procedures in OAR 860-032-0090; and

(8) If the Commission receives a public record request for the confidential information required by this rule, the Commission may assert that, subject to the limitations of the Public Records Law, the materials are trade secrets and, therefore, exempt from disclosure.

History

Statutory/Other Authority: ORS 183, 192, 756, 759
Statutes/Other Implemented: ORS 756.310, 756.320, 756.350
PUC 6-2019, amend filed 09/25/2019, effective 09/25/2019
PUC 7-2015, f. & cert. ef. 9-8-15
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 20-2003, f. & cert. ef. 11-14-03
PUC 8-2003, f. & cert. ef. 4-28-03
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 13-1999, f. & cert. ef. 12-7-99

Or. Admin. R. 860-021-0037 Estimated Annual Fees Payable to the Commission

(1) For any year in which an energy or large telecommunications utility fails to file a completed statement form, the Commission may determine a proposed annual fee based upon any information available to the Commission. The proposed annual fee must:

(a) Include a penalty fee for failure to pay as required by ORS 756.350;

(b) Include a late statement fee in accordance with OAR 860-011-0080; and

(2) The Commission must provide written notice of the proposed annual fee to the energy or large telecommunications utility.

(3) Within 30 days after service of the notice of proposed annual fee, the energy or large telecommunications utility may file a petition with the Commission for a hearing. In its petition, the utility must specify its reasons for disputing the proposed annual fee. The Commission may conduct a hearing on the petition under its rules governing hearings and proceedings.

(4) If the energy or large telecommunications utility has not filed a petition by the end of the 30-day period, the Commission will enter an order based upon information in its files. The Commission's order is final upon service, and the ordered assessment is due and payable on the tenth day after the order becomes final.

(5) During the 30-day period allowed for filing a petition, the energy or large telecommunications utility may file its completed statement form and pay the annual fee, penalties, and late statement fee. The Commission will accept the statement form, fees, and penalties in accordance with the original due date for that year's statement form and payment.

History

Statutory/Other Authority: ORS 183, 192, 756 & 759
Statutes/Other Implemented: ORS 756.040, 756.310, 756.320 & 756.350
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 20-2003, f. & cert. ef. 11-14-03
PUC 15-2003, f. & cert. ef. 7-24-03
PUC 8-2003, f. & cert. ef. 4-28-03

Or. Admin. R. 860-021-0045 Installation of Electric Service

(1) For the connection of its distribution system to the customer’s premises, an electric company shall, with the exceptions provided under its extension rules, furnish service connections to the customer’s service entrance.

(2) The electric company shall furnish, own, operate, maintain, and replace the service connections with the exceptions as may be listed in these rules or its tariff for line extensions.

(3) The service entrance on a customer’s premises shall be so located as to make the meter and service easily accessible from the electric company’s distribution lines and convenient for the installation, operation, and maintenance of the company’s meters and equipment.

(4) The electric company will not be required to install or maintain more than one service connection directly from its distribution lines to the premises of any customer. Each customer may be required to install and maintain, at their own expense, all wiring and equipment needed to be installed on their premises to enable the company to furnish and meter, at a single point on the customer’s premises, all service to be used by the customer. If conditions make it advisable for the company to use a single connection from its distribution line to furnish service to two or more customers on the same or different premises, the service connection shall be of adequate capacity for the purpose, and the service furnished to each customer shall be metered and billed separately.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-021-0050 Installation of Gas Service

(1) Each gas utility shall furnish, a gas service from the gas main adjacent to the customer’s premises to and including the meter. Each gas utility shall develop, with the Commission’s approval, a uniform policy governing the amount of service extension that will be made free to connect a new customer. This policy should be related to the investment that can prudently be made for the probable revenue.

(2) Each gas utility shall furnish, own, operate, maintain, and replace the service connections when needed.

(3) The gas utility will not be required to make more than one connection to its main to furnish service to the premises of any customer and will not be required to install or maintain pipes for the distribution of gas beyond a single point of delivery to points of use upon the customer’s premises.

(4) Each gas utility shall not be responsible for the condition or maintenance of the piping or appliances installed by the customer.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040
PUC 28-2001, f. & cert. ef. 12-28-01
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 13-1997, f. & cert. ef. 11-12-97
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-021-0051 Main Extensions for Gas Service

Each gas utility shall develop, with the Commission’s approval, a uniform policy governing the amount of main extension which will be made free to connect a new customer. This policy should be related to the investment that can prudently be made for the probable revenue.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 13-1997, f. & cert. ef. 11-12-97
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-021-0055 Temporary Utility Service

Each energy or large telecommunications utility may render temporary service to a customer and may require the customer to bear all the cost of installing and removing the service in excess of any salvage realized. The length of temporary service shall be specified in the applicable tariffs approved by the Commission.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-021-0057 Connection of Residential Energy Utility Service

(1) This rule applies to the connection of energy service for an applicant or customer who has satisfied the requirements of all applicable rules and regulations, and requested connection. This rule applies for connection at a location with existing service facilities where the utility need only activate service, or after any necessary line extension, construction or repair work has been completed.

(2) Each energy utility must provide a means by which an applicant or customer may contact the utility on a Business Day so that the applicant or customer may pay applicable charges, submit any necessary credit information and request connection of service. For purposes of this rule, Business Day is defined as Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding state- or utility-recognized holidays.

(3) An energy utility must connect service as soon as reasonably possible, within the normal course of business, after an applicant or customer has satisfied the requirements for and requested connection. At a minimum, service must be connected within two Business Days, except as provided in section (4) of this rule.

(4) This section only applies to a natural gas service connection that is completed between September 15 and November 15 of each year, at an address where the applicant received service at any time during the past 12 months that was disconnected, but not reconnected within 20 days. Service must be connected as soon as reasonably possible, within the normal course of business, after an applicant or customer has satisfied the requirements for and requested connection. At a minimum:

(a) Service must be connected within two (2) Business Days when the applicant’s prior service at the address was disconnected from August 15 to November 15 of the current year.

(b) Service must be connected within five (5) Business Days when the applicant’s prior service at the address was disconnected from November 16 of the previous year to August 14 of the current year.

(5) With Commission concurrence, the connection requirements under this rule may be temporarily waived for any cause not reasonably within the control of the utility including, but not limited to, the following:

(a) A documented Force Majeure event;

(b) An action or default by an applicant or other person outside of the utility’s control, including a cancellation of the request made by the applicant or customer;

(d) Safety-related issues that preclude the utility from connecting service;

(e) The applicant’s facilities cannot be accessed due to circumstances beyond the utility’s control;

(f) The utility’s equipment or facilities prevent the reconnection from occurring; or

(g) When the Commission approves a waiver.

History

Statutory/Other Authority: ORS Ch. 183 & 756
Statutes/Other Implemented: ORS 756.040
PUC 7-2006, f. & cert. ef. 7-6-06

Or. Admin. R. 860-021-0120 Meter Readings and Bill Forms

(1) Every energy utility providing metered service will clearly indicate on the meter the units of service for which the charge is made to the customer. The energy utility will clearly and plainly mark on the meter the proper constant to be applied when the dial reading on an electric meter must be multiplied by a constant to obtain the units consumed.

(2) All bills must display:

(a) The total consumption for the billing period;

(b) The beginning and ending meter readings for the billing period, where available;

(d) The number of units of service supplied;

(e) The schedule number under which the bill was computed; and

(f) Any other information needed to compute the bill. Each bill will specify the delinquent date of the bill. When there is good reason for so doing, the energy utility may submit estimated bills. The energy utility will clearly note on the bill when total consumption is estimated for more than twenty-four hours in one billing period.

(3) The energy utility will read all service meters at least once a month, as nearly as possible, on the corresponding day of each meter reading period. Special authority may be granted for reading the meters less frequently than once a month if the circumstances warrant or upon the customer’s request if agreed to by the energy utility and the customer:

(a) When access to a meter is difficult due to the meter’s location or other circumstance, the energy utility may seek the customer’s cooperation in obtaining meter readings. The energy utility will verify the actual meter reading not less than once every four months.

(b) A customer must provide the energy utility with regular access to a meter on the customer’s property. Failure to permit access at reasonable times and after reasonable notice is grounds for disconnection.

(4) On written customer request, an energy utility that manually obtains monthly meter reads must, at the time of such reading, leave at the premises, information containing the date and time of the meter read and the meter read data.

(5) An energy utility will make a reasonable effort to prepare opening and closing bills from actual meter readings.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.250
PUC 4-2006, f. & cert. ef. 2-27-06
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0020; PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217); PUC 11-1998, f. & cert. ef. 5-7-98

Or. Admin. R. 860-021-0125 Due and Payable Period

(1) Each energy or large telecommunications utility shall establish procedures to ensure that the period from the billing transmittal for all current charges, including payment for final bills, to the due date is not less than 15 days.

(2) If the bill is delivered by US mail, the due and payable period begins the day after the US Postal Service postmark or the day after the date of postage metering.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0035; PUC 11-1998, f. & cert. ef. 5-7-98; PUC 4-1999, f. & cert. ef. 8-12-99; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 16-2003, f. & cert. ef. 10-1-03

Or. Admin. R. 860-021-0126 Late-Payment Charge

(1) Except as provided in section (2) of this rule, an energy or large telecommunications utility may apply a late-payment charge to customer accounts not paid in full each month, provided the utility has filed the late-payment charge in its rate schedule.

(2) An energy utility shall not impose late-payment charges on residential customers unless:

(a) The energy utility offers residential customers a preferred billing date option under which the customer can select or change a bill date. Utilities shall not be required to change a customer’s bill date more than once in any 12-month period;

(b) The energy utility’s rate schedule provides that the late charge is not applied on residential balances less than $200; or

(3) An energy utility shall not impose late-payment charges on the accounts of income-qualified residential customers.

(4) The charge will be based on a monthly late-payment rate applied to overdue account balances at the time of preparing the subsequent month’s bill for residential accounts or by the bill due date for all other accounts. The late-payment charge may not be applied to time-payment or equal-payment accounts that are current. The Commission will determine the late-payment rate based on a survey of prevailing market rates for late-payment charges of commercial enterprises and will advise all utilities of the changes in the rate they may use to determine late-payment charges on overdue customer accounts as needed. The current late-payment rate and the conditions for its application to customer accounts shall be specified on the energy or large telecommunications utility bill.

History

Statutory/Other Authority: ORS 183 & ORS 756
Statutes/Other Implemented: ORS 756.040 & ORS 757.230
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 4-1999, f. & cert. ef. 8-12-99
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)

Or. Admin. R. 860-021-0130 Meter Test

(1) Any customer may ask the energy utility to test a meter. Such tests shall be made within 20 working days of the request at no cost to the customer. If a customer requests more than one meter test within any 12-month period, the energy utility may charge the customer to recover the reasonable cost of the test. The energy utility may not charge the customer if the meter is found to register outside the 2 percent accepted tolerance standard under normal operating conditions.

(2) A customer and/or a designated representative shall have the right to be present at any meter test. The test shall be conducted at a mutually acceptable time during regular business hours.

(3) A written report showing the customer’s name, the request date, the address where the meter has been installed, the meter’s number, the date tested, and the test result shall be supplied to the customer within a reasonable time after completing the test.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.255
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0025; PUC 13-1997, f. & cert. ef. 11-12-97; PUC 11-1998, f. & cert. ef. 5-7-98; PUC 16-2003, f. & cert. ef. 10-1-03

Or. Admin. R. 860-021-0135 Adjustment of Utility Bills

(1) Except as provided in section (7) of this rule, when a large telecommunications utility has incorrectly billed a customer, the large telecommunications utility must take corrective action as follows:

(a) If the date of the error can be determined, the large telecommunications utility must issue a bill credit or refund for the over charge or a corrected bill for the under charge back to such date. If the date of the error cannot be determined, the large telecommunications utility must refund the over charge or rebill the under charge for no more than six months’ usage; and.

(b) In no event may a large telecommunications utility issue a corrected bill or refund for more than three years of incorrectly billed charges.

(2) Except as provided in sections (6) and (7) of this rule, if an energy utility determines that a current or former customer of the energy utility was under-billed or over-billed for a service provided by the energy utility under rate schedules or tariffs in effect when the service was provided:

(a) The energy utility may issue a bill to collect amounts previously under-billed during the 12-month period ending on the date on which the customer or former customer was last under-billed. The energy utility may not bill for services provided more than two years before the date the energy utility discovered the under-billing; and

(b) The energy utility must issue a refund or bill credit for amounts previously over-billed during the 12-month period ending on the date on which the customer or former customer was last over-billed. The energy utility is not required to issue a refund or bill credit for amounts over-billed more than three years before the date the energy utility discovered the over-billing.

(3) Notwithstanding subsections (1)(a) and (2)(a) of this rule, if the under-billing was the result of fraud, tampering, diversion, theft, misinformation, false identification, or other unlawful conduct on the part of the customer or former customer of the energy or large telecommunications utility, the utility may collect full payment for any amount owed without limitation.

(4) When a utility issues a bill to collect under-billed amounts, a current or former customer of an energy utility, or current customer of a telecommunications utility, may enter into a time-payment agreement as provided in OAR 860-021-0415. If the utility customer is already on a time-payment plan, the utility must offer to renegotiate the payment plan to include the under-billing error. If the customer and utility cannot agree upon payment terms, the Commission will establish terms and conditions to govern the customers’ obligation. This section does not apply if the corrected billing is the result of the conditions listed in section (3) of this rule.

(5) When an energy or large telecommunications utility requires payment for amounts previously under-billed, the utility must provide a written notice that explains:

(a) The circumstance and time period of the under-billing;

(b) The corrected bill amount and the amount of the necessary adjustment,

(d) The right of current or former customers of an energy utility or current customers of a telecommunications utility to enter into a time-payment agreement with the utility.

(6) A billing adjustment is not required if an electric or gas meter registers less than a two percent error under conditions of normal operation.

(7) The energy or large telecommunications utility may waive rebilling or issuing a refund check when costs make such action uneconomical.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040 & ORS 757.250
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2014, f. & cert. ef. 11-13-14
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0030; PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 13-1997, f. & cert. ef. 11-12-97; PUC 11-1998, f. & cert. ef. 5-7-98; PUC 4-1999, f. & cert. ef. 8-12-99; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 5-2014, f. & cert. ef. 6-26-14

Or. Admin. R. 860-021-0170 Billing Error Reporting

(1) As used in this rule, “billing error” means an error by an energy utility in the calculation of tariffed amounts billed to customers that:

(a) Is due to a single, specific event, reason, or condition;

(b) Resulted in the issuance of a corrected bill; and

(c) Affected an estimated 0.5 percent or more of customer bills issued in any billing month by an average of $5.00 or more.

(2) Within 10 business days of discovering a billing error, an energy utility must report the error via electronic mail to the Commission’s Consumer Services Section.

(3) Within 60 calendar days from the date the billing error was first reported, an energy utility must file a final report via electronic mail with the Commission’s Consumer Services Section. The report must include the following information:

(a) A description and cause, if known, of the billing error;

(b) The number of bills affected by the billing error;

(d) The time period in which the billing error affected customer bills;

(e) The actions taken to correct the error; and

(f) The actions taken to prevent the same error from occurring in the future.

(4) Within 60 calendar days following the end of each calendar year, an energy utility must file an annual report with the Commission’s filing center that summarizes all billing errors reported during the prior calendar year.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 1-2013, f. & cert. ef. 2-14-13

Or. Admin. R. 860-021-0180 Verification of Eligibility for Income-Qualified Residential Customers

(1) A residential customer shall qualify as an eligible income-qualified residential customer for purposes of these Division 21 rules through the following methods:

(a) The customer is a recipient of energy assistance within the past 12 months through the Low-Income Home Energy Assistance Program (LI HEAP) or the Oregon Energy Assistance Program (OEAP) or an energy assistance program offered by an energy utility; or

(b) The customer is enrolled in any of the utility’s income-qualified energy assistance programs or qualifies to enroll in any program offered by a utility to residential customers based on differential energy burdens based on factors that affect affordability pursuant to ORS 757.230(1).

(2) Except where a utility is authorized to verify or recertify an existing income-qualified residential customer's eligibility, an energy utility may allow a customer to self-certify as an eligible income-qualified residential customer based on income that is at or below 60 percent of the Oregon state median income.

(3) An energy utility may require an income-qualified residential customer to verify or recertify eligibility as per section (1) of this rule on an annual basis if the customer is to remain an eligible income-qualified residential customer.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 757.230
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 860-021-0200 Establishing Credit for Residential Utility Service

(1) An applicant or customer may demonstrate satisfactory credit for new or continuing service by showing any of the following, provided that a deposit is not required under section (2) of this rule:

(a) Received 12 months of continuous utility service of the same type applied for (energy or telecommunications) during the preceding 24 months and the utility can verify a prior service account in the customer or applicant’s name, either by the applicant’s account history with the utility or by contacting a former utility or through an authorized letter provided by the applicant or customer from the former utility on utility letterhead that includes the following:

(A) Name(s) of the responsible person(s) on the account;

(B) Date of service;

(D) A statement that the applicant or customer voluntarily terminated service and timely paid for all services rendered.

(b) Meets Commission approved minimum credit requirements based on a third party credit report score or the energy or large telecommunications utility’s own credit scoring formula; or

(A) Proof of employment during the entire 12 months previous to the application of service for person(s) responsible for payment on the account and a work telephone number to enable the energy or large telecommunications utility to verify employment; or

(B) A statement or other documentation from the income provider or an authorized representative, that the energy or large telecommunications utility can verify, indicating that the applicant or customer receives a regular source of income.

(2) An applicant or customer who is not an income-qualified residential customer may be required to pay a deposit at the time of application for new or continued service when:

(a) The applicant or customer is unable to establish credit as defined in section (1) of this rule;

(b) The applicant or customer received the same type of utility service from it or any Oregon energy or telecommunications utility, as defined in ORS 757.005 or ORS 759.005, within the preceding 24 months and owed an account balance that was not paid in full when service was terminated. This subsection does not apply to a customer who registered a dispute with the Commission within 60 days after service was terminated and who paid all undisputed or adjudicated amounts; or

(c) The applicant or customer was previously terminated for theft of service by any Oregon utility as defined in ORS 757.005 or ORS 759.005, was found to have tampered with the meter or other utility facilities, or was otherwise found to have diverted utility service.

(3) In lieu of paying a deposit, an applicant or customer may:

(a) Provide the energy or large telecommunications utility a written surety agreement from a responsible party to secure payment in an amount equal to two months' average usage, which may be transferred to the responsible party’s account as established in OAR 860-021-0334. For purposes of section (3) of this rule, a responsible party is a customer of the same utility that has maintained credit in good standing for the preceding 12 months without receiving a past due notice or incurring involuntary disconnection. The surety agreement obligation will automatically terminate should the responsible party no longer meet the conditions set forth herein. In the event a responsible party is subsequently found not to qualify, the applicant or customer will be required to either pay a deposit or obtain a written surety agreement from another responsible party. The surety obligation ceases when the customer establishes good credit; or

(b) For energy utilities, elect to use demand limiter or “pay as you go” metering, if equipment is available.

(4) For energy utilities, a deposit required under this rule shall not exceed one-sixth the amount of reasonable estimated billing for 12 months at rates then in effect. This estimate shall be based upon actual use at the premises during the prior 12 months, if known, or will be estimated based upon the type and size of the equipment at the premises. Each deposit shall be rounded to the nearest whole dollar.

(5) For large telecommunication utilities, a deposit required under these rules shall be based upon two months' average or estimated bills for usage of the applicable telecommunications utility's tariff and price-listed services. Each deposit shall be rounded to the nearest whole dollar. For telecommunications service, applicants eligible for Oregon Telephone Assistance Program (OTAP) funding and who voluntarily elect to receive toll-blocked service, no deposit may be charged. The large telecommunications utility shall make toll blocking available at no charge to all applicants identified in OAR 860-033-0030.

(6) A new or additional deposit, calculated as provided by sections (4) and (5) of this rule with the most recent information available, may be required from a customer as a condition of continued service when:

(a) The energy or large telecommunications utility discovers that the customer gave false information to establish an account and/or credit status;

(b) The energy or large telecommunications utility discovers that the customer has stolen utility service, has tampered with the meter or other utility facilities, or was otherwise found to have diverted utility service;

(c) For energy utilities, a customer moves and the anticipated bill at the new residence will be at least 20 percent greater than the basis of the existing deposit; or

(d) For large telecommunications utilities, if service records for the customer indicates unbilled intraLATA toll activity under the utilities’ tariff and price list is greater than the basis of the prior deposit.

(7) Paying a deposit does not excuse a customer from complying with the energy or large telecommunications utility's tariffs or other regulations on file with the Commission, such as the obligation to promptly pay bills.

(8) An energy or large telecommunications utility may file a tariff that contains less stringent deposit requirements than those specified in this rule.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757, ORS 759 & OL 1987, Ch. 290
Statutes/Other Implemented: ORS 756.040, OL 1987, Ch. 290 & ORS 757.230
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 6-1981, f. & ef. 8-10-81 (Order No. 81-498); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-21-040; PUC 5-1989(Temp), f. & cert. ef. 4-19-89 (Order No. 89-493); PUC 13-1989, f. & cert. ef. 9-12-89 (Order No. 89-1173); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 13-1997, f. & cert. ef. 11-12-97; PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98; PUC 5-1998, f. & cert. ef. 3-13-98; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 16-2003, f. & cert. ef. 10-1-03; PUC 2-2004(Temp), f. & cert. ef. 1-9-04 thru 7-2-04; PUC 11-2004, f. & cert. ef. 6-2-04

Or. Admin. R. 860-021-0205 Deposit Payment Arrangements for Residential Energy Utility Service

(1) Except as provided in OAR 860-021-0335(1) and (2), when an energy utility requires a deposit, the customer or applicant may pay the deposit in full or in three installments. The first installment is due immediately; the remaining installments are due with the subsequent two monthly bills after the first installment payment. Except for the last payment, installments shall be the greater of $30 or one-third of the deposit. An energy utility shall not require an income-qualified residential customer to pay a deposit.

(2) When an installment payment or a deposit is made with a payment for energy utility service, the amount paid shall first be applied toward payment of the amount due for deposit.

(3) When the energy utility requires the customer or applicant to pay an additional deposit, the customer shall pay one-third of the total deposit, or at least $30, whichever is greater, within five days. The remainder of the deposit is due under the terms of section (1) of this rule. If the customer has an existing deposit installment agreement, the remaining installment payments will be adjusted to include the additional deposit; however, two installment payments cannot be required within the same billing period.

(4) When a customer or applicant enters into an installment agreement for payment of a deposit under section (1) of this rule, the energy utility shall provide written notice explaining its deposit requirements. The notice shall specify that each installment payment shall be due with each of the subsequent two monthly bills for utility service and shall include a statement printed in bold-face type informing the customer or applicant that utility service will be disconnected if the energy utility does not receive the payment when due. The notice shall also set forth the name and telephone number of the appropriate unit within the Department of Human Services or other agencies which may be able to help the customer obtain financial aid.

(5) If a customer fails to abide by the terms of a deposit installment agreement, the energy utility may disconnect service after a five-day notice. The notice shall contain the information set forth in OAR 860-021-0405(2)(a), (b), (c), (e), (f), and (g) and shall be served as required by 860-021-0405(5).

(6) When good cause exists, the Commission or the energy utility may provide more liberal arrangements for payment of deposits than those set forth in this rule. The energy utility shall keep a written record of the reasons for such action.

(7) If disconnection for nonpayment of a deposit occurs, the customer disconnected shall pay the full amount of the deposit, any applicable reconnection fee, late-payment fee, and one-half the past due amount before service is restored. The customer shall pay the balance of the past-due amount within 30 days of the date service is restored. A customer may continue with an existing time-payment agreement by paying all past-due installments, the full deposit, and other applicable fees.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & OL 1987, Ch. 290
Statutes/Other Implemented: ORS 756.040 & OL 1987, Ch. 290
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284), PUC 12-1983 f. & ef. 10-7-83 (Order No. 83-623); PUC 5-1987, f. & ef. 7-2-87 (Order No. 87-723); PUC 3-1989, f. 2-6-89, cert. ef. 2-8-89 (Order No. 89-038); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1998, f. & cert. ef. 5-7-98; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 16-2003, f. & cert. ef. 10-1-03; PUC 16-2004, f. & cert. ef. 12-1-04

Or. Admin. R. 860-021-0206 Payment Arrangements for Deposit and Installation Charges for Residential Telecommunications Utility Service

(1) Time payments for deposits and nonrecurring charges shall be limited to charges for residential service and intraLATA toll. When the large telecommunications utility requires deposits and/or nonrecurring charges to establish or reestablish service from an applicant, the applicant shall pay one-fourth of the deposit and/or nonrecurring charges immediately. The customer or applicant shall pay the remainder in three equal installments, which shall be due 30, 60, and 90 days, respectively, after the date the payment agreement is executed. Except for the last payment, installments shall be the greater of $20 or one-fourth of the total deposit. In communicating with an applicant to establish service or to require a deposit and/or nonrecurring charge, the large telecommunications utility shall inform the applicant of the availability of Link-Up America and Oregon Telephone Assistance Program benefits and inform the applicant that details are available from the Commission.

(2) When a customer makes an installment payment or a deposit with a payment for telecommunications utility service, the large telecommunications utility shall first apply the amount paid toward the amount due for deposit and/or nonrecurring charges.

(3) A customer who is required to pay an additional deposit shall pay one-fourth of the total deposit within five days to the large telecommunications utility. The remainder of the deposit is due under the terms of section (1) of this rule. If the customer has an existing deposit installment agreement, the remaining installment payments will be adjusted to include the additional deposit; however, two installment payments cannot be required within the same 30-day period.

(4) When a customer enters into an installment agreement for payment of a deposit and/or nonrecurring charges under section (1) of this rule, the large telecommunications utility shall provide written notice explaining its deposit and nonrecurring charges requirements. The notice shall specify the date each installment payment shall be due and shall include a statement printed in bold-face type informing the customer that utility service will be disconnected if payment is not received when due.

(5) If a customer fails to abide by the terms of an installment agreement, the large telecommunications utility may disconnect local exchange service after providing a written five-day notice. The notice shall contain the information set forth in OAR 860-021-0505(3)(a) through (e) and shall be served as required by in 860-021-0505(4) and (5). In lieu of permanent disconnection, the large telecommunications utility may curtail service pursuant to 860-021-0505(7).

(6) When good cause exists, the large telecommunications utility may provide or the Commission may require, more liberal arrangements for payment of deposits and/or nonrecurring charges than those set forth in this rule. The large telecommunications utility shall keep a written record of the reasons for such action.

(7) If disconnection for nonpayment of a deposit and/or nonrecurring charges occurs, the customer disconnected shall pay the full amount of the deposit, and/or nonrecurring charges, any applicable reconnection fee, late-payment fee, and past due tariff and price-listed amount before service is restored. A customer may continue with an existing medical certificate time-payment agreement by paying all past-due installments.

History

Statutory/Other Authority: ORS 183, 756 & Ch. 290 & OL 1987
Statutes/Other Implemented: ORS 756.040 & Ch. 290 OL 1987
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)
PUC 3-1989, f. 2-6-89, cert. ef. 2-8-89 (Order No. 89-038)

Or. Admin. R. 860-021-0210 Interest on Deposits for Residential and Nonresidential Utility Service

(1) Each year, the Commission shall establish an annual interest rate that must be paid on customer deposits. The Commission will base the rate upon consideration of the effective interest rate for new issues of one-year Treasury Bills issued during the last week of October, the interest rate on the most recent issuance of one-year Treasury Bills, or the effective interest rate for the average yield of Treasury Bills of the closest term issued during the last week of October. This interest rate, rounded to the nearest one-half of one percent, shall apply to deposits held during January 1 through December 31 of the subsequent year. The Commission will advise all energy and large telecommunications utilities of the changes in the rate to be paid on customer deposits held as needed.

(2) Upon payment of a deposit, the energy or large telecommunications utility shall provide the customer documentation showing the date, name of the applicant or customer, the service address, the amount of deposit, a statement that the deposit will accrue interest at the rate prescribed by the Commission, and an explanation of the conditions under which the deposit will be refunded.

(3) If the deposit is held beyond one year, accrued interest will be paid by a credit to the customer’s account. If held less than one year, interest will be prorated. An energy or large telecommunications utility shall keep a detailed record of each deposit received until the deposit is credited or refunded.

History

Statutory/Other Authority: ORS 183, 756, 757, 759 & Ch. 290 & OL 1987
Statutes/Other Implemented: ORS 756.040 & Ch. 290 & OL 1987
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)
PUC 3-1989, f. 2-6-89, cert. ef. 2-8-89 (Order No. 89-038)
PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284)

Or. Admin. R. 860-021-0215 Refund of Deposits for Residential and Nonresidential Utility Service

(1) An energy or large telecommunications utility shall promptly refund a customer’s deposit with accrued interest when service is terminated, provided a refund due shall first be applied to any unpaid balance on the customer’s account.

(2) Except as provided in section (6) of this rule, an energy or large telecommunications utility may continue holding a deposit until credit is satisfactorily established or reestablished. For purposes of this rule, credit shall be considered to be established or reestablished if one year after a deposit is made:

(a) The account is current;

(b) Not more than two five-day disconnection notices were issued to the customer during the previous 12 months; and

(3) After satisfactory credit has been established or reestablished, the deposit plus any accrued interest shall be promptly refunded or credited to the customer’s account. A customer shall be entitled to a refund upon request.

(4) When the customer moves to a new address within the energy or large telecommunications utility’s service area, the deposit and accrued interest will be transferred to the new account.

(5) Deposits plus accrued interest may be refunded or credited, in whole or in part, to the customer’s account at any time earlier than prescribed in this rule, provided the energy or large telecommunications utility’s procedures are nondiscriminatory.

(6) An energy utility that collects or has collected a deposit from an income-qualified residential customer must apply or return the deposit as outlined in this section. For an income-qualified residential customer, the energy utility will return the deposit within two billing cycles.

(a) The deposit will first be applied to any outstanding balance on an income-qualified residential customer's account. If there are any remaining funds, the funds will be applied to the customer's account or returned by electronic payment or check mailed to the last-known address.

(b) If an income-qualified residential customer account is current, the deposit will be applied to a customer's account or returned by electronic payment or check mailed to the last-known address.

(c) For an income-qualified residential customer that pays the deposit in installments as set forth in OAR 860-021-0205, the energy utility will return the deposit within two billing cycles, after the last installment payment is made.

(7) Unless otherwise specified by the customer, an energy or large telecommunications utility shall mail deposit refunds to the customer’s last known address. The energy or large telecommunications utility shall promptly honor a valid claim for payment of refund if the request is received within one year of the date service is terminated. Funds held beyond one year will be disposed of in accordance with ORS 98.316.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757, ORS 759 & OL 1987, Ch. 290
Statutes/Other Implemented: ORS 756.040 & OL 1987, Ch. 290
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)
PUC 3-1989, f. 2-6-89, cert. ef. 2-8-89 (Order No. 89-038)
PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284)

Or. Admin. R. 860-021-0305 Grounds for Disconnecting Utility Service

Utility service may be disconnected by an energy utility or large telecommunications utility:

(1) When the applicant or customer fails to pay a deposit or make payments in accordance with the terms of a deposit payment arrangement;

(2) When the applicant or customer provides false identification to establish service, continue service, or verify identity;

(3) When the customer fails to pay Oregon tariffed or price-listed charges due for services rendered;

(4) When the customer fails to abide by the terms of a time-payment agreement;

(5) When the customer requests the utility to disconnect service or close an account or when a co-customer fails to reapply for service within 20 calendar days after a joint account is closed by the other co-customer, so long as the utility has provided a notice of pending disconnection;

(6) When the customer does not cooperate in providing access to the meter;

(7) When facilities provided are unsafe or do not comply with state and municipal codes governing service or the utility's rules and regulations;

(8) When there is evidence of meter-tampering, diverting service, or other theft of service;

(9) When dangerous or emergency conditions exist at the service premises under OAR 860-021-0315;

(10) When a customer fails to disclose reasonably accurate customer load information which results in damage to utility equipment; or

(11) When the Commission approves the disconnection of service.

(12) An energy utility must make best efforts to perform service disconnections for nonpayment between the hours of 8:00 am and 2:00 pm to facilitate responsive, same-day reconnection of service.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757, ORS 759 & OL 1987, Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 757.035, ORS 757.225 & ORS 757.760
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 9-2009, f. & cert. ef. 8-25-09
PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0075; PUC 8-1983, f. & ef. 8-15-83 (Order No. 83-502); PUC 3-1989, f. 2-6-89, cert. ef. 2-8-89 (Order No. 89-038); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217); PUC 11-1998, f. & cert. ef. 5-7-98; PUC 16-2001, f. & cert. ef. 6-21-01

Or. Admin. R. 860-021-0310 Voluntary Disconnection of Utility Service

Every customer who is about to vacate any premises supplied with service by the energy or large telecommunications utility, or who for any reason wishes to have such service discontinued, shall give five days’ notice in advance of specified date of discontinuance of service to the utility. Until the energy or large telecommunications utility shall have such notice, the customer shall be held responsible for all service rendered.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0065

Or. Admin. R. 860-021-0315 Emergency Disconnection of Utility Service

In emergencies endangering life or property, an energy or large telecommunications utility may terminate service without following the procedures in division 021. However, the energy or large telecommunications utility shall immediately thereafter notify the Commission. In such cases, when the necessity for emergency termination was through no fault of the customer, the utility will not make a charge to restore service.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040 & 757.035
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83; ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0068; PUC 8-1983, f. & ef. 8-15-83 (Order No. 83-502); PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035); PUC 11-1998, f. & cert. ef. 5-7-98

Or. Admin. R. 860-021-0320 Disconnection of Service on Weekends and Holidays

Utility service shall not be disconnected for nonpayment on a weekend or a state- or utility-recognized holiday. Utility service shall not be disconnected for nonpayment on a Friday or the day before a state- or utility-recognized holiday unless mutually agreed upon by the customer, utility, and the Commission’s Consumer Services Section.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040 & ORS 757.760
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217)
PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284)

Or. Admin. R. 860-021-0325 Accounts Not Related to Residential Utility Service

An energy or large telecommunications utility may not deny or disconnect residential service due to the failure to pay for nonresidential service or to meet obligations in connection with nonresidential service.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284)

Or. Admin. R. 860-021-0326 Disconnection of Gas or Electric Service to Tenants

(1) When an energy utility’s records show that a residential billing address is different from the service address, and the utility has reason to believe that the service address is not occupied by the customer or co-customer, the utility must provide a five-day disconnect notice to the occupants of the premises in the manner described in OAR 860-021-0405(6). The five-day disconnect notice must be addressed to "tenant" or "occupant" and must include a statement regarding the impending disconnection of utility service, the earliest date for disconnection and an explanation of the Commission's complaint process and toll-free number. The notice to occupants need not include the dollar amount owing or the reason for disconnection.

(2) When an energy utility’s records show that a residence is a master-metered multi-family dwelling (including rooming houses), the utility must notify the Commission’s Consumer Services Section at least five business days before disconnecting the service. The utility will use reasonable efforts to notify occupants of the impending disconnection and alternatives available to them.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & OL 1987, Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 757.760 & OL 1987, Ch. 290
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 13-1997, f. & cert. ef. 11-12-97
PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217)
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)

Or. Admin. R. 860-021-0328 Reconnection of Residential Energy Utility Service

(1) This rule applies to a service reconnection requested within 20 calendar days of the date of disconnection, after an applicant or customer has satisfied the requirements for service under all applicable rules and regulations, and requested reconnection.

(2) Each energy utility must provide a means by which an applicant or customer may contact the utility on a Business Day so that the applicant or customer may pay applicable charges, apply for verification as an income-qualified residential customer under OAR 860-021-0180, submit any necessary credit information, and request reconnection of service. A Business Day is defined as Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding state- or utility-recognized holidays.

(3) For energy utility service that has been disconnected in accordance with OAR 860-021-0305(1), (2), (4), (5), (10), (11) or involuntarily disconnected for failure to pay Oregon tariff charges:

(a) An energy utility must reconnect service as soon as reasonably possible, within the normal course of business, after an applicant or customer has satisfied the requirements for and requested reconnection. At a minimum, service must be restored as follows:

(A) For a request for reconnection received during the Business Day, Monday through Thursday, service must be restored by 5:00 p.m. the following day, except when the following day is a state- or utility-recognized holiday.

(B) For a request for reconnection received on a Friday Business Day before 3:00 p.m., service must be restored by 5:00 p.m. the following day.

(C) For a request for reconnection received on a Friday Business Day between 3:00 p.m. and 5:00 p.m., service must be restored by the end of the next Business Day.

(b) For a request for reconnection received anytime other than a Business Day, except as provided under section (6) of this rule, the request for reconnection must be treated as if it were received at 8:00 a.m. on the next Business Day and service must be restored in accordance with Subsection (3)(a)(A) of this rule.

(4) For energy utility service that has been involuntarily disconnected in accordance with OAR 860-021-0305(6) or (7), or due to meter tampering, diverting service, or theft of service, an energy utility must reconnect service as soon as reasonably possible, within the normal course of business, but no later than 5:00 p.m. of the next Business Day after the customer has satisfied the requirements for and requested reconnection.

(5) For energy utility service that has been involuntarily disconnected in accordance with OAR 860-021-0315, service will be reconnected in accordance with section (4) of this rule. If the necessity for emergency termination was through no fault of the customer, the energy utility will reconnect in accordance with section (3) of this rule, at no charge to the customer.

(6) An applicant or customer may request reconnection that falls outside of the requirements of sections (3), (4), and (5) of this rule and, for purposes of this rule, such a request will be defined as an After Hours Reconnect. The tariff of each energy utility must specify the hours other than a Business Day when the energy utility will offer an After Hours Reconnect, the terms of the service, and the applicable charges.

(a) At a minimum, an energy utility must:

(A) Provide a means by which an applicant or customer may contact the utility Monday through Friday from 8:00 a.m. to 6:00 p.m., excluding state- or utility-recognized holidays, so that the applicant or customer may pay applicable charges, submit any necessary credit information and request an After Hours Reconnect.

(B) Allow, for a customer request made in accordance with subsection (6)(a)(A) of this rule, an After Hours Reconnect on the same day as the request, or allow an After Hours Reconnect to be scheduled for any subsequent Monday through Friday, except for state- or utility-recognized holidays.

(b) The utility must notify a customer verbally or in writing of the customer’s right to an After Hours Reconnect. The notification must include information that the charges associated with a same day or a scheduled After Hours Reconnect exceed the utility’s standard reconnection charge.

(7) Except as provided in OAR 860-021-0330, utility fees for service reconnection must be charged as follows:

(a) An applicant or customer must pay the utility’s standard reconnection fee for a reconnection made under subsection (3)(a) or (3)(b) of this rule.

(b) An applicant or customer must pay an After Hours Reconnect fee for any reconnection made under subsection (6)(a) of this rule. For an After Hours Reconnect that is completed the same day as the request, the reconnection fee may be higher than for an After Hours Reconnect scheduled for a subsequent day.

(8) Reconnection of service following an interruption of service must comply with the requirements of OAR 860-021-0021.

(9) With Commission concurrence, the reconnection requirements under this rule may be temporarily waived for any cause not reasonably within the control of the utility including, but not limited to, the following:

(a) A documented Force Majeure event;

(b) An action or default by an applicant, customer, or other person outside of the utility’s control, including a cancellation of the request made by the applicant or customer;

(d) Safety-related issues that preclude the utility from reconnecting service;

(e) The applicant’s or customer’s facilities cannot be accessed due to circumstances beyond the utility’s control;

(f) The utility’s equipment or facilities prevent the reconnection from occurring; or

(g) When the Commission approves a waiver.

History

Statutory/Other Authority: ORS 183 & ORS 756
Statutes/Other Implemented: ORS 756.040
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2006, f.& cert. ef.7-6-06
PUC 1-2006(Temp), f. & cert. ef. 2-17-06 thru 8-15-06

Or. Admin. R. 860-021-0330 Reconnection Fee for Utility Service

(1) When a utility service is disconnected pursuant to OAR 860-021-0305, the energy or large telecommunications utility may charge the reconnection fee in its tariff, except when:

(a) The utility is able to remotely reconnect the residential customer's service;

(b) The residential customer participates in the utility’s income-qualified bill discount program; or

(2) Sections (1)(a), (b) and (c) above do not apply to After Hours Reconnect as described in OAR 860-021-0328(7)(b).

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040 & ORS 757.225
PUC 6-2026, amend filed 06/12/2026, effective 06/12/2026
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 2-2025, temporary amend filed 05/28/2025, effective 05/28/2025 through 10/24/2025
PUC 9-2024, temporary amend filed 12/18/2024, effective 12/18/2024 through 05/18/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)
PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284)

Or. Admin. R. 860-021-0334 Transfer Billings

(1) If an energy or large telecommunications utility identifies a balance a customer owes the utility from the customer’s prior account for Oregon service, the utility may transfer the amount to the customer’s current account after giving the customer notice of the transfer, the amount due under the prior account, the period when the balance was incurred, and the service address or telephone number under which the bill was incurred; or the utility may send a separate notice to the customer giving the same information that would be included in the transfer, but collecting the amount due separately from the customer’s current account. If the bill is identified when a customer changes residences, the provisions of this rule apply. An energy or large telecommunications utility may pursue disconnection for nonpayment of a customer’s current utility service only in compliance with OAR 860-021-0405 or 860-021-0505.

(2) If the customer has six months or more remaining on a time-payment agreement, the installment amount will be adjusted to bring the account into balance within the time specified in the original agreement. If the customer has less than six months remaining on a time-payment agreement, the energy or large telecommunications utility will recalculate the agreement to bring the account into balance within 12 months. The customer must pay any past due time-payment installments before the energy or large telecommunications utility adjusts or recalculates the agreement. Energy and large telecommunications utilities may make more liberal payment arrangements for customers on medical certificates who cannot reasonably be expected to pay the outstanding balance in the time otherwise applicable under this rule.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040 & 757.225
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 4-1999, f. & cert. ef. 8-12-99
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217)
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)

Or. Admin. R. 860-021-0335 Refusal of Utility Service

(1) Except as provided in sections (2) and (4) of this rule and OAR 860-021-0330, an energy utility may refuse to provide service to a customer or applicant until the utility receives full payment of any overdue amount of an Oregon tariffed or price-listed charge and any other like obligation related to an Oregon prior account.

(2) Except for a residential customer or applicant who was disconnected for theft of service, an energy utility shall provide service to a residential customer or applicant upon receiving payment equal to at least one-half, but no more than $200 for an income qualified or medical certificate customer, of any overdue amount of an Oregon tariffed or price-listed charge and any other like obligation related to a prior account, except deposits which must be paid in full, provided the customer or applicant has made reasonable partial payment on the account during the time service has been discontinued. An energy utility may not require a deposit to be paid by an income-qualified residential customer. The customer shall pay the balance of the amount owed to the energy utility within six subsequent billing cycles of the date service is initiated. Upon failure to pay, the energy utility may disconnect service after providing notice to the customer consistent with OAR 860-021-0405. The notice shall contain the information set forth in OAR 860-021-0405(2)(a), (b), (c), (d)(A) and (D) and shall be served as required by 860-021-0405(5). If a customer or applicant whose service was terminated applies for service within 20 days of the termination, the provisions of this rule apply.

(3) If electric or gas service is disconnected for a residential customer’s failure to comply with the payment terms in section (2) of this rule, the utility may refuse to restore service until the utility receives full payment of any overdue obligation of an Oregon tariffed or price-listed charge and any other like obligation related to a prior account, including any reconnection fee, late payment fee, and past due bill.

(4) An energy utility may not require a customer participating in the utility's income qualified bill discount program or a customer with a medical certificate on file with the utility to pay any outstanding balance as a prerequisite for a reconnection that is requested pursuant to OAR 860-021-0406 or OAR 860-021-0407. Any outstanding balance remains the responsibility of the customer and may be included in subsequent bills until paid in full.

(5) Refusal of service by a large telecommunications utility:

(a) A large telecommunications utility may refuse to provide service to a customer or applicant until the utility receives full payment of any overdue amount of an Oregon tariffed or price-listed charge and any other like obligation related to a prior account except for telecommunications service applicants who are eligible for OTAP.

(b) A large telecommunications utility may refuse to provide service to a residential customer or applicant who is eligible for OTAP until the utility receives full payment of any overdue amount relating to a prior account for tariffed local exchange and price-listed services, excluding any toll charges.

(6) Except as provided in OAR 860-021-0330, an energy or large telecommunications utility may refuse to provide service until the utility receives payment when all the following circumstances exist:

(a) An overdue balance has been incurred by a residential customer at a service address;

(b) A residential applicant for service resided at the service address described in subsection (6)(a) of this rule during the time the overdue balance was incurred; and

(c) The residential customer described in subsection (6)(a) of this rule will reside at the location to be served under the new application.

(7) Any energy or large telecommunications utility shall refuse to provide service if a customer or applicant has not complied with state and city codes and regulations governing service and with the utility’s rules and regulations.

(8) An energy or large telecommunications utility shall reject an application for service or materially change service to a customer or applicant if, in the best judgment of the utility, the utility lacks adequate facilities to render the service applied for or if the desired service is likely to unfavorably affect service to other customers.

(9) An energy or large telecommunications utility shall refuse to serve a customer or applicant, if, in the best judgment of the utility, the facilities of the customer or applicant cannot provide safe and satisfactory service.

(10) When an energy or large telecommunications utility refuses to provide service, the utility shall notify the customer or applicant of the reasons for refusal and of the Commission’s complaint process.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757, ORS 759 & OL 1987, Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 757.035, ORS 757.225 & OL 1987, Ch. 290
PUC 7-2026, minor correction filed 06/12/2026, effective 06/12/2026
PUC 6-2026, amend filed 06/12/2026, effective 06/12/2026
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0060 and 860-021-0100; PUC 12-1983, f. & ef. 10-7-83 (Order No. 83-623); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 13-1997, f. & cert. ef. 11-12-97; PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98; PUC 5-1998, f. & cert. ef. 3-13-98; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 22-2002, f. & cert.ef. 12-9-02

Or. Admin. R. 860-021-0405 Notice of Pending Disconnection of Residential Electric or Gas Utility Service

(1) When a written notice is given under these rules:

(a) The notice must conform to the requirements of OAR 860-021-0010 concerning multilingual requirements and service on any designated representative; and

(b) The notice must conform to the requirements of OAR 860-021-0326 if the energy utility's records show the billing address is different than the service address or the residence is a master-metered multi-family dwelling. The notice may be addressed to "tenant" or "occupant." The envelope must bear a bold notice stating, "Important notice regarding disconnection of utility service," or words to that effect.

(2) The notice must be printed in boldface type and must state in language that is as clear and simple as possible:

(a) The reason for the proposed disconnection;

(b) The earliest date for disconnection;

(d) If the disconnection is for nonpayment of services rendered, including failure to abide by a time payment agreement, the notice must also state:

(A) The amount to be paid to avoid disconnection;

(B) An explanation of the time payment agreement provisions of OAR 860-021-0415;

(D) The name and telephone number of the appropriate unit of the Department of Human Services or other agencies that may be able to provide financial assistance.

(3) The energy utility must provide written notice to the customer at least 20 days before disconnecting residential service except when the disconnection is made:

(a) At the request of the customer;

(b) For failure to pay a deposit or make payments in accordance with the terms of a deposit payment arrangement;

(c) For new customers within 60 days of the establishment of new service, for use of false identification to establish service, continue service or verify identity;

(d) For meter tampering, diverting service or theft of service; or

(e) For an emergency endangering life or property under OAR 860-021-0315.

(4) The energy utility may not send a notice of disconnection for nonpayment of services rendered, including failure to abide by a time payment agreement, before the due date for payment of a bill.

(5) The energy utility must serve the 20-day notice of disconnection in person or send it by first-class mail or electronically to the customer's last known address. Service is complete on the date of personal delivery, electronic transmittal, or on the day after the date of the US Postal Service postmark or postage metering.

(6) The energy utility must provide written notice to the customer at least five business days before disconnecting residential service except when the disconnection is made:

(a) At the request of the customer;

(b) When the facilities provided are unsafe creating an emergency endangering life or property under OAR 860-021-0315.

(7) The disconnection notice must inform the customer that service will be disconnected on or after a specific date and must explain the alternatives and assistance that might be available as required in section (2) of this rule.

(8) The energy utility must serve the five-day notice of disconnection in person or send it by first-class mail or electronically to the customer’s last known address. Service is complete on the date of personal delivery, electronic transmittal, or on the day after the date of the US Postal Service postmark or postage metering.

(a) If notification is delivered to the residence, the energy utility must attempt personal contact.

(b) If personal contact cannot be made with the customer or an adult resident, the energy utility must leave the notice in a conspicuous place at the residence.

(9) The energy utility must make a good-faith effort to personally contact the customer or an adult at the residence to be disconnected on the day the energy utility expects to disconnect service or, where the service address has remote disconnection capability installed, at least three business days prior to the day the energy utility expects to disconnect service:

(a) If contact is made, either in person or via the telephone, the energy utility must advise the customer or an adult at the residence of the proposed disconnection; or

(b) If contact is not made, the energy utility must:

(A) Leave a notice in a conspicuous place at the residence informing the customer that service has been, or is about to be, disconnected; or

(B) Where the service address has remote disconnect capability installed, attempt to contact the customer at least once, two days prior to the expected date of disconnection. If contact is attempted via telephone and an answering machine or service is available, the utility must leave a message informing the customer of the proposed disconnection.

(10) When an energy utility has an in-person or telephone conversation with the customer or an adult at the residence under this rule, and the circumstances are such that a reasonable person would conclude the customer or an adult at the residence does not understand the possible consequences of disconnection, the utility must:

(a) Notify the Department of Human Services and the Commission; and

(b) Delay the proposed disconnection date for five additional business days.

(11) When the energy utility makes personal contact under this rule, the utility's representative making contact may be empowered to accept reasonable partial payment of the overdue balance under the time-payment provisions of OAR 860-021-0415. If an energy utility has a policy to not allow collections at the door, the utility representative shall attempt to notify the customer of methods to pay the outstanding balance or a reasonable partial payment to prevent disconnection. The energy utility shall delay disconnection as determined by the utility and notify the customer in such case that they have a minimum of 24 hours for the eustemer to contact the energy utility and make adequate payments.

(12) An energy utility must document its efforts to provide notice under this rule and make that documentation available to the customer and the Commission upon request.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.760
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 2-2019, minor correction filed 03/15/2019, effective 03/15/2019
PUC 9-2009, f. & cert. ef. 8-25-09
PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0085; PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1998, f. & cert. ef. 5-7-98; PUC 4-1999, f. & cert. ef. 8-12-99; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 7-2005, f. & cert. ef. 11-30-05; PUC 4-2006, f. & cert. ef. 2-27-06

Or. Admin. R. 860-021-0406 Wildfire Displacement Protection

(1) An electric or natural gas utility must make best efforts to put into effect a moratorium on the disconnection of utility service for nonpayment for residential and commercial customers affected by a level 2 or 3 wildfire evacuation notice or order issued by the Oregon Department of Emergency Management. The moratorium will begin when the evacuation notice or order is issued and remain in effect until:

(a) The day after the evacuation notice or order is lifted for commercial customers; and

(b) Two days after the evacuation notice or order is lifted for residential customers.

(2) After a level 2 or 3 evacuation notice or order is lifted, an electric or natural gas utility must make best efforts to reconnect, upon request and subject to reconnection fees allowed under OAR 860-021-0330, a residential or commercial customer who has been disconnected for nonpayment within the previous seven calendar days of a level 2 or 3 wildfire evacuation notice or order. The request for reconnection must be made within seven calendar days after the evacuation notice or order is lifted.

(3) The electric or natural gas utility must make best efforts to have information available on its website concerning wildfire displacement protections; and when practical, information from the utility that includes energy utility contact information should be available at local emergency command centers, local community-based organizations, and local media.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.760
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 860-021-0407 Severe Weather Moratorium on Involuntary Disconnection of Residential and Small Commercial Electric or Gas Utility Service for Nonpayment

(1) An electric or natural gas utility must put into effect a moratorium on the involuntary disconnection of utility service for nonpayment for customers located within the geographic area affected by severe weather events as follows:

(a) For a severe air quality event defined in OAR 860-021-0008(11), an electric or natural gas utility may not disconnect residential or commercial service starting when severe air quality conditions are present based on forecasted data obtained no later than 8:00 a.m. each business day.

(b) For an extreme heat event defined in OAR 860-021-0008(12), an electric utility may not disconnect residential service starting 24 hours before the event is forecasted to occur.

(c) For a severe off-season cold event defined in OAR 860-021-0008(13), an electric or natural gas utility may not disconnect residential service for nonpayment starting when the event is forecasted to occur.

(d) For a severe on-season cold event defined in OAR 860-021-0008(14), an electric or natural gas utility may not disconnect residential service for nonpayment starting 24 hours before the event is forecasted to occur.

(2) When a severe on-season cold event or extreme heat event is forecast with less than 24 hours' notice, the utility must make best efforts to immediately suspend disconnections for nonpayment upon the posting of the alert.

(3) A disconnection moratorium required for a severe weather event will remain in effect for 48 hours after the qualifying event concludes for all residential customers.

(4) Each electric and natural gas utility must keep the Commission's Consumer Services Section informed of which weather reporting and air quality service it is using for each geographic area within its service territory to comply with the requirements of this rule.

(5) An electric or natural gas utility must make best efforts to, upon request made within seven calendar days after the severe weather event ends and subject to reconnection fees allowed under OAR 860-021-0330, reconnect the following customers subject to a moratorium required by a severe weather event:

(a) Residential customers who had been disconnected for nonpayment within the previous seven days of a severe weather moratorium.

(b) Small commercial customers that had been disconnected for nonpayment within the previous 72 hours of a severe air quality event.

(6) Nothing in this rule prohibits an electric or natural gas utility from providing customer protections that exceed the baseline standards set forth above through a winter protection program or other tariff provisions.

History

Statutory/Other Authority: ORS 756.060
Statutes/Other Implemented: ORS 756.040
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 2-2025, temporary amend filed 05/28/2025, effective 05/28/2025 through 10/24/2025
PUC 9-2024, temporary amend filed 12/18/2024, effective 12/18/2024 through 05/18/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 4-2017, f. & cert. ef. 5-30-17

Or. Admin. R. 860-021-0408 Arrearage and Disconnection Reporting Rule

(1) As used in this rule:

(a) "Administrative costs" means all incremental expenses related to the management and operation of the bill discount program. This includes, but is not limited to, incremental costs for program design, staff salaries, data processing, customer outreach, eligibility verification, compliance, reporting, and any other overhead or indirect costs necessary to administer the program.

(b) "Applied credits" means the aggregate dollar value of discounts applied to the utility bills of residential customers that participate in the utility's bill discount program.

(c) "Arrearage balance" means any amount of money that a customer owes to the utility company for services provided which remain unpaid past the bill issuance date.

(d) "Average bill discount program participant usage" means the average monthly usage of residential customers enrolled in a utility-administered bill discount program.

(e) "Average bill of high-usage customer" means the average monthly dollar amount the utility billed all high-usage customers.

(f) "Average residential bill" means the average monthly bill for residential utility services within a utility's Oregon service territory.

(g) "Average residential usage" means the average monthly amount of energy billed per residential meter within a utility's Oregon service territory.

(h) "Average usage of high-usage customers" means the average monthly energy consumption of all customers classified as high usage.

(i) "Days in Arrears" means the number of days from the original bill issuance date a customer's arrearage balance remains unpaid. Days in arrears are divided into three categories:

(A) "31-69 days in arrears" means a customer's arrearage balance has been unpaid for a period of between 31 and 60 days from the original bill issuance date.

(B) "61-90 days in arrears" means a customer's arrearage balance has been unpaid for a period of between 61 and 90 days from the original bill issuance date.

(C) "91+ days in arrears" means a customer's arrearage balance has been unpaid for a period greater than 90 days from the original bill issuance date.

(j) "Disconnection notice" means any written or electronic notification issued by a utility to a customer in accordance with OAR 860-021-0405.

(k) "Disenrollments" means active residential customer who were enrolled in a utility's bill discount program as of the previous reporting period but are no longer participating as of the current reporting period. This includes customers who were removed from the program due to ineligibility or non-compliance.

(l) “Energy assistance recipient” means a residential customer who has received bill payment assistance with an energy bill from any federal, state, customer-funded bill payment assistance fund or program at least once within the past 12 months.

(m) "High-usage customer" means a residential customer participating in a utility-administered bill discount program whose energy consumption places them in the 90th percentile or above of all other bill discount program participants within the utility's service area.

(n) "New enrollments" means residential customer enrolled in a utility's bill discount program for the first time within the current calendar year.

(o) "Post-discount average bill discount program participant bill" means the average monthly utility bill amount for bill discount program participants after the application of their respective bill discount.

(p) "Pre-discount average bill discount program participant bill" means the average monthly utility bill amount for bill discount program participants before the application of any bill discounts.

(q) "Residential customer" means any individual or household that receives utility services for personal, non-commercial use. This includes all customers being served on a utility's residential service tariff.

(r) "Service disconnection for non-payment" means instances where utility service to a residential account was terminated due the customer's failure to pay their utility bill.

(s) "Total arrears balance of bill discount program participants" means the total dollar amount of outstanding balances owed by residential customers enrolled in a utility-administered bill discount program on their utility bills.

(t) "Total arrears balance of high-usage customers" means the cumulative dollar amount of overdue balances of all high-usage customers in arrears during the reporting period.

(u) "Total bill discount program costs" means the total expenditure incurred by a utility in administering its bill discount program for income-qualified residential customers.

(v) "Total dollars provided to bill discount program participants" means the aggregate dollar value of discounts applied to the utility bills of residential customer who participate in the utility's bill discount program.

(w) "Total residential arrearage balances" means the total dollar amount of outstanding balances owed by residential customers on their utility bills.

(x) "Total residential usage" means the total amount of energy billed for all residential customers within a utility's Oregon service territory.

(2) Each energy utility must submit electronic quarterly report containing the data described in section (4) of this rule. Electronic reports must be submitted in text-searchable Excel and PDF formats. Utilities shall include zip-code level data within the accompanying Excel files.

(a) For quarterly reporting purposes, the following four time periods apply: January 1 to March 31, April 1 to June 30, July 1 to September 30, and October 1 to December 31.

(b) Each energy utility must file its initial quarterly report following the first full quarter after the effective date of this rule, unless an alternative initial reporting date is set for the utility by Commission Staff.

(c) The energy utility must file a quarterly report as required under this rule within 45 days of the end of each reporting period.

(3) If errors or omissions are discovered after a report has been submitted, utilities must submit a revised report within 30 days of identifying the discrepancy.

(4) The quarterly report must provide the following data points for each month within the quarter on an Oregon basis:

(a) Total number of residential customers with arrearage balances segmented into three groups: 31-60 days in arrears, 61-90 days in arrears, and 91+days in arrears. Each residential customer should only be counted in one group, based on their oldest arrearage balance;

(b) Total residential arrearage balances segmented into three groups: 31-60 days in arrears, 61-90 days in arrears, and 91+ days in arrears;

(c) Total number of customers enrolled in Time Payment Arrangements (TPA) or other extended payment plans. This includes all residential customer who are actively enrolled in a TPA or any other extended payment plan offered by the utility as of the reporting period;

(d) Number of active residential accounts;

(e) Number of service disconnections for non-payment;

(f) Total number of disconnection notices sent to residential customers;

(g) Percentage of accounts with service disconnections for non-payment. This includes the proportion of active residential accounts that experienced a service disconnection for non-payment during the reporting period. This percentage id determined by dividing the total number of service disconnections for non-payment by the total number of active residential accounts and multiplying by 100;

(h) Total number of bill discount recipient service disconnections for non-payment;

(i) Total number of service disconnections for non-payment on energy assistance recipient accounts;

(j) Total number of service disconnections for non-payment on medical certificate holder accounts;

(k) Number of service reconnections following a disconnection for non-payment on the same day or next calendar day following disconnection (Days 0-1), and;

(l) Number of service reconnections following a disconnection for non-payment that occur more than one day and within 7 calendar days following disconnection (Days 2-7);

(m) Number of days on which the energy utility was required to impose a moratorium on service disconnection for severe weather per OAR 860-021-0407 (Severe Weather Moratorium on Involuntary Disconnection of Residential Electric or Gas Utility Service);

(n) Total residential usage during the reporting period;

(o) Average residential usage during the reporting period. This data point should be calculated by dividing the total residential usage by the total number of residential customers billed during the same reporting period;

(p) Average residential bill during the reporting period. This data point should be calculated by dividing the total amount billed to all residential customers by the total number of residential customers billed during the same reporting period.

(q) Total number of residential customers that received a bill discount, by discount tier;

(r) Total dollars provided to bill discount program participants, by discount tier;

(s) Total bill discount program costs divided into two distinct categories: incremental administrative costs and applied credits;

(t) Total number of new enrollments;

(u) Total number of disenrollments;

(v) Average bill discount program participant usage categorized by bill discount tier;

(w) Pre-discount average bill discount program participant bill, categorized by bill discount by tier;

(x) Post-discount average bill discount program participant bill, categorized by bill discount by tier;

(y) The number of bill discount program participants with an arrearage balance segmented into three groups based on the age of the arrearage: 31-60 days in arrears, 61-90 days in arrears, and 91+ days in arrears. Each program participant should only be counted in one group, based on their oldest arrearage balance, and

(z) Total arrears balance of bill discount program participants segmented into three groups: 31-60 days in arrears, 61-90 days in arrears, and 91+ days in arrears.

(5) For annual reporting purposes, the following time period applies: January 1 to December 31.

(6) The energy utility must file an annual report as required under this rule within 60 days of the end of each reporting period.

(7) Each utility, in addition to the quarterly reporting requirements, shall submit an annual supplement report which provides the following information for each month within the year:

(a) The number of high-usage customers;

(b) Average usage of high-usage customers;

(d) Number of high-usage customers with an arrearage balance at the end of each month, segmented into three groups: 31-60 days in arrears, 61-90 days in arrears, and 91+ days in arrears. Each residential customer should only be counted in one group, based on their oldest arrearage balance;

(e) Total arrears balance of high-usage customers at the end of each month, segmented into three groups: 31-60 days in arrears, 61-90 days in arrears, and 91+ days in arrears; and

(f) Total number of high-usage customers who experienced a service disconnection for non-payment.

(8) Each utility must provide the information in section (4), subsections (a) - (m), (o) - (r), and (t) - (x) by zip code.

(9) The Commission will review the reporting metrics outlined in this rule every two years. In doing so, the Commission may engage stakeholders to ensure the relevance of data for addressing energy burden.

History

Statutory/Other Authority: ORS 756.060
Statutes/Other Implemented: ORS 756.040
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 1-2025, amend filed 04/21/2025, effective 04/21/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 3-2018, adopt filed 06/20/2018, effective 06/20/2018

Or. Admin. R. 860-021-0410 Emergency Medical Certificate for Residential Electric and Gas Service

(1) An energy utility shall not disconnect residential service if the customer submits certification from a qualified medical professional or self-certifies that disconnection would significantly endanger the physical health of the customer or a member of the customer’s household. For the purposes of this rule, “Qualified medical professional” means a licensed physician, nurse-practitioner, or physician’s assistant authorized to diagnose and treat the medical condition described without direct supervision by a physician.

(2) Any oral certification by a qualified medical professional and any residential customer's initial self-certification to the utility must be confirmed in writing within 60 days by a qualified medical professional prescribing medical care. Written Certifications must include:

(a) The name of the person to whom the certificate applies and relationship to the customer;

(b) A complete description of the health conditions;

(d) A statement indicating how long the health condition is expected to last;

(e) A statement specifying the particular type of utility service required (for example, electricity for respirator); and

(f) The signature of the qualified medical professional prescribing medical care.

(3) If a medical certificate is not submitted in compliance with sections (1) and (2) of this rule, the energy utility may disconnect service after providing a five-day notice to the customer. The notice shall comply with the requirements of OAR 860-021-0405, except subsection (1)(b), subsection (2)(e), and section (4) of this rule shall not be applicable.

(4) An emergency medical certificate shall be valid only for the length of time the health endangerment is certified to exist, but no longer than six months without renewal for certificates not specifying chronic illnesses and no longer than twenty-four months for certificates specifying illnesses identified as chronic by a “Qualified Medical Professional” as defined in this rule. At least 15 days before the certificate’s expiration date, an energy utility will give the customer written notice of the date the certificate expires unless it is renewed with the utility before that day arrives.

(5) A customer submitting a medical certificate is not excused from paying for electric or gas service:

(a) Customers are required to enter into a written time-payment agreement with the energy utility when an overdue balance exists. Terms of the time-payment agreement shall be those in OAR 860-021-0415 or such other terms as the parties agree upon in writing;

(b) When financial hardship can be shown, a customer with a medical certificate may renegotiate the terms of a time-payment agreement with the energy utility; and

(c) Time-payment arrangements in effect when a medical certificate terminates remain in effect for the balance then owing. If a customer fails to pay charges incurred after the certificate terminates, the provisions of OAR 860-021-0415 (standard time-payment provisions) shall apply to payment of the arrearage incurred after the medical certificate expires. The terms of the medical certificate time-payment plan continue to apply to the arrearage accrued during the disability.

(6) If a medical certificate customer fails to enter into a written time-payment agreement within 20 days of filing the certificate, or to abide by its terms, the energy utility shall notify the Commission’s Consumer Services Division of its intent to disconnect service and the reason for the disconnection. The energy utility may disconnect service after providing a notice 20 days in advance of disconnection for nonpayment, or five days before disconnection for failure to enter into a written time-payment agreement. The notice shall comply with the requirements of OAR 860-021-0405, except paragraph (2)(d)(C) shall not be applicable. A hearing may thereafter be held to determine whether the energy utility should be permitted to disconnect service to the customer.

(7) An energy utility may verify the accuracy of a medical certificate. If the energy utility believes a customer does not qualify, or no longer qualifies for a medical certificate, the utility may apply to the Commission to terminate the service of the customer.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & OL 1987, Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 757.750, ORS 757.755 & ORS 757.760
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0095; PUC 12-1983, f. & ef. 10-7-83 (Order No. 83-623); PUC 3-1989, f. 2-6-89, cert. ef. 2-8-89 (Order No. 89-038); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217); PUC 11-1998, f. & cert. ef. 5-7-98; PUC 16-2001, f. & cert. ef. 6-21-01

Or. Admin. R. 860-021-0414 Equal-Payment Plans for Residential and Small Commercial Electric and Gas Service

Electric companies and gas utilities will make equal-payment plans available to residential and small commercial customers. A customer with no outstanding balance who agrees to remain on an equal-payment plan for 12 months may enter into equal-payment agreement at any time during the year. The plan will provide for an annual adjustment between the estimated charge and the actual charges. If a customer changes residences or place of business during the term of the agreement, the payments may be adjusted to reflect the anticipated change in usage. Nothing in this rule is intended to restrict a utility’s right to adopt additional payment options.

History

Statutory/Other Authority: ORS 183 & ORS 756
Statutes/Other Implemented: ORS 756.040, ORS 757.750 & ORS 757.760
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)

Or. Admin. R. 860-021-0415 Time-Payment Agreements for Residential Electric and Gas Service (Nonmedical Certificate Customers)

(1) An energy utility may not disconnect residential service for nonpayment if a customer enters into a written time-payment plan. An energy utility will offer customers a choice of payment agreements. At a minimum, the customer may choose between a levelized payment plan and an equal-pay arrearage plan.

(2) A customer who selects a levelized payment plan will pay a down payment equal to the average annual bill including the account balance, divided by 12, and a like payment each month for 11 months thereafter:

(a) The energy utility shall review the monthly installment plan periodically. If needed due to changing rates or variations in the amount of service used by the customer, the installment amount may be adjusted to bring the account into balance within the time specified in the original agreement;

(b) If a customer changes service address at any time during the period of a time-payment agreement, provided that payments are then current and the customer pays other tariff charges associated with the change in residence, the energy utility shall recalculate the customer’s deposit and/or monthly installment. The recalculated amount shall reflect the balance of the account at the previous service address and the average annual bill at the new service address for the months remaining in the original time-payment agreement. When installments on a time-payment agreement have not been kept current, a customer shall pay all past-due installments and any other applicable charges before service is provided at the new residence.

(3) A customer who selects an equal-pay arrearage plan will pay a down payment equal to one-twelfth the amount owed for past electric or gas service (including the overdue amount and any amounts owed for a current bill or a bill being prepared but not yet delivered to the customer) each month, for the next 11 months, an amount equal to the down payment will be added to, and payable with, the current charges due for utility service. If a customer changes service address at any time during the period of an equal-pay arrearage plan, the plan continues. However, the customer must pay any past-due charges and all other applicable charges before the energy utility provides service at the new address.

(4) The energy utility and customer may agree in writing to alternate payment arrangement, including time-payment agreements of longer duration, provided the utility first informs the customer of the availability of the payment terms in sections (2) and (3) of this rule.

(5) A customer whose financial condition changes during the term of a time-payment agreement and who defaults on such an agreement may renegotiate their time-payment agreement at least one time under the same terms specified above.

(6) If a customer fails to abide by the time-payment agreement, the energy utility may disconnect service after serving 20 days’ notice. The notice shall comply with OAR 860-021-0405, except subsection (2)(d) of this rule shall not be applicable. If a medical certificate is in effect, OAR 860-021-0410(6) shall apply.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & OL 1987, Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 757.750 & ORS 757.760
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 5-1983. f. 5-31-83, ef. 6-1-83 (Order No. 83-284); PUC 3-1989, f. 2-6-89, cert. ef. 2-8-89 (Order No. 89-038); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1998, f. & cert. ef. 5-7-98; PUC 16-2001, f. & cert. ef. 6-21-01

Or. Admin. R. 860-021-0420 Field Visit Charge

A Commission approved fee may be charged whenever an energy utility visits a residential service address intending to reconnect or disconnect service, but due to customer action, the energy utility is unable to complete the reconnection or disconnection at the time of the visit. An energy utility shall waive the first field visit charge within a 12-month window to income-qualified residential customers.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.225
PUC 4-2025, amend filed 12/30/2025, effective 12/30/2025
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)
PUC 12-1983, f. & ef. 10-7-83 (Order No. 83-623)
PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284)

Or. Admin. R. 860-021-0505 Disconnection Procedures for All Commercial Electric and Gas Utility Customers and All Customers of Large Telecommunications Utilities

(1) This rule applies to the involuntary termination of all commercial electric and natural gas customers and all utility services provided by large telecommunications utilities.

(2) The energy or large telecommunications utility must provide written notice to the customer at least five business days before disconnecting service except when the disconnection is made:

(a) At the request of the customer; or

(b) When the facilities provided are unsafe creating an emergency endangering life or property under OAR 860-021-0315.

(3) The notice must be printed in bold face type and must state, in language that is as clear and simple as possible:

(a) The reasons for the proposed disconnection;

(b) The earliest date for disconnection;

(d) An explanation of the Commission's complaint process and the Commission's toll-free number; and

(e) An explanation of the availability of an emergency medical certificate for local exchange residential telecommunications service customers under OAR 860-021-0510.

(4) The energy or large telecommunications utility may not send the notice before the due date for payment for the services billed.

(5) The energy or large telecommunications utility must serve the notice of disconnection in person or send it by first class mail, or electronically, to the last known addresses of the customer and the customer's designated representative. Service is complete on the date of personal delivery, electronic transmittal, or, if service is by U S Mail, on the day after the U S Postal Service postmark or the day after the date of postage metering.

(6) If a premises visit is required to complete disconnection, the energy or large telecommunications utility must make a good-faith effort to personally contact the customer or a resident at the service address to be disconnected. If the energy or large telecommunications utility's attempt to make personal contact fails, the utility must leave a notice in a conspicuous place at the premises informing the customer that service has been disconnected.

(7) In lieu of permanent disconnection, a large telecommunications utility may temporarily curtail service by preventing the transmission of incoming telephone messages and/or outgoing toll messages while continuing to let the customer make outgoing local messages. Temporary curtailment of service, as defined in this section, shall be permitted only upon five days' written notice as set forth in section (3) of this rule. The notice shall state that permanent disconnection will follow within ten days unless the customer makes full payment of any overdue amount or any other obligation.

(8) Except for telecommunications service provided by an office incapable of restricting toll service, a large telecommunications utility shall not disconnect or deny local exchange service for an applicant's or customer's failure to pay for services not under the local exchange utility's tariff or price list. A telecommunications utility may limit access to toll and special services using the "9XX" prefix or Numbering Plan Area (NPA) for the failure to pay for such services.

(9) A large telecommunications utility may not disconnect or deny local service to customers or applicants, who are eligible to receive OTAP, for failure to pay toll charges.

(10) A large telecommunications utility may request a limited waiver of the requirement of section (9) of this rule upon meeting all the following conditions:

(a) Showing the large telecommunications utility would incur substantial costs in complying with the requirement;

(b) Demonstrating the large telecommunications utility offers toll-blocking services to customers identified in section (9) of this rule; and

(c) Showing that telecommunications subscribership among low-income customers in its service area in Oregon is at least as high as the national subscribership level for low-income customers.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757, ORS 759 & OL 1987, Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 757.750, ORS 757.755, ORS 757.060 & OL 1987, Ch. 290
PUC 10-2022, amend filed 09/30/2022, effective 09/30/2022
PUC 9-2009, f. & cert. ef. 8-25-09
PUC 6-1979, f. & ef. 10-6-79 (Order No. 79-680); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0105; PUC 3-1989, f. 2-6-89, cert. ef. 2-8-89 (Order No. 89-038); PUC 6-1989, f. & cert. ef. 5-22-89 (Order No. 89-662); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 13-1997, f. & cert. ef. 11-12-97; PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98; PUC 5-1998, f. & cert. ef. 3-13-98; PUC 4-1999, f. & cert. ef. 8-12-99; PUC 5-1999(Temp), f. & cert. ef. 9-21-99 thru 3-18-00; PUC 14-1999, f. & cert. ef. 12-15-99; PUC 16-2001, f. cert. ef. 6-21-01

Or. Admin. R. 860-021-0510 Emergency Medical Certificate for Residential Telecommunications Utility Service

(1) A large telecommunications utility shall not disconnect local exchange residential service if the customer submits certification from a qualified medical professional stating that disconnection would significantly endanger the physical health of the customer or a member of the customer’s household. “Qualified medical professional” means a licensed physician, nurse-practitioner, or physician’s assistant authorized to diagnose and treat the medical condition described without direct supervision by a physician.

(2) The oral certification to the large telecommunications utility must be confirmed in writing within 14 days by the qualified medical professional prescribing medical care. A written certification must include:

(a) The name of the person to whom the certificate applies and relationship to the customer;

(b) A complete description of the health conditions;

(d) A statement indicating how long the health condition is expected to last;

(e) A statement specifying the particular type of service required (for example, electricity for respirator); and

(f) The signature of the qualified medical professional prescribing medical care.

(3) If an emergency medical certificate is not submitted in compliance with section (2) of this rule, the large telecommunications utility may disconnect local exchange service after providing five days’ notice to the customer. The notice shall contain the information set forth in OAR 860-021-0505(3)(a) through (d) and shall be served as required by 860-021-0505(4) and (5).

(4) An emergency medical certificate shall be valid only for the length of time the health endangerment is certified to exist, but no longer than six months without renewal.

(5) A customer submitting an emergency medical certificate:

(a) Remains responsible for payment of telecommunications services provided by the large telecommunications utility; and

(b) Must enter into a time payment agreement with the large telecommunications utility pursuant to OAR 860-021-0575 if the customer has an overdue balance. This time payment agreement must be entered into within 10 days after submission of the certificate.

(6) A large telecommunications utility may verify the accuracy of an emergency medical certificate. If the large telecommunications utility believes a customer does not qualify, or no longer qualifies for an emergency medical certificate, the large telecommunications utility may apply to the Commission for permission to disconnect service to the customer.

(7) After notice to the Commission, a large telecommunications utility may terminate local exchange residential service if the large telecommunications utility providing the service lacks the technical ability to terminate toll telecommunications service without also terminating local exchange service.

History

Statutory/Other Authority: ORS 183, 756 & Ch. 290 & OL 1987
Statutes/Other Implemented: ORS 756.040, 757.750, 757.760, 757.755 & Ch. 290 & OL 1987
PUC 3-2006, f. & cert. ef. 2-27-06
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 5-1998, f. & cert. ef. 3-13-98
PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98
PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105)
PUC 3-1989, f. 2-6-89, cert. ef. 2-8-89 (Order No. 89-038)

Or. Admin. R. 860-021-0520 Energy Utility Notification of Enhanced Protections

(1) Electric utilities must provide information to residential customers of disconnection protections and of reconnection request and waiver options. The notice must be included in a monthly bill insert or in other materials distributed to all residential customers. At a minimum, such notice must be provided in May and October of each year.

(2) Natural gas utilities must provide notice to residential customers of disconnection protections and of reconnection request and waiver options. The notice must be included in a monthly bill insert or in other materials distributed to all residential customers. At a minimum, such notice must be provided in October of each year.

(3) Energy utilities must:

(a) Notify partnering community action agencies of available residential customer protections for qualifying customers and provide digital or paper reference materials to assist with outreach efforts. Such notice must be provided at least once annually.

(b) Include accessible, up-to-date information on their websites regarding the availability and terms of disconnection protections and other related programs.

History

Statutory/Other Authority: ORS 183, ORS 756.040, ORS 756.060 & ORS 757.035
Statutes/Other Implemented: ORS 757.035, ORS 757.230 & ORS 757.695
PUC 4-2025, adopt filed 12/30/2025, effective 12/30/2025

Or. Admin. R. 860-021-0550 Termination of Local Exchange Residential Service for Telecommunications Customers at Significant Risk

(1) "At significant risk" means:

(a) At risk of domestic violence, as defined in ORS 135.230;

(b) At risk of unwanted sexual contact, as defined in 163.305;

(c) A person with disabilities, as defined in ORS 124.005, who is at risk of abuse, as defined in 124.005(1)(a), (1)(d), or (1)(e);

(d) An elderly person, as defined in 124.005, who is at risk of abuse, as defined in ORS 124.005(1)(a), (1)(d), or (1)(e); or

(e) A victim of stalking, as described in ORS 163.732.

(2) To establish that termination of local exchange residential service would significantly endanger the customer, or a person in the household of the customer, the customer must give the large telecommunications utility:

(a) A copy of an order issued under ORS 30.866, 107.700 to 107.732, 124.005 to 124.040, or 163.738 that restrains another person from contact with the customer, or a person in the household of the customer, at significant risk; or

(b) A copy of any other court order that restrains another person from contact with the customer, or a person in the household of the customer, due to a significant risk; and

(c) An affidavit signed by the customer stating that termination would place the customer, or a person in the household of the customer, at significant risk. The affidavit must include the name of the person to whom the court order applies, the relationship of the person to the customer, and the expiration date of the order.

(3) A large telecommunications utility must establish and maintain procedures for receiving affidavits and orders from customers.

(4) A customer submitting an affidavit and order under section (2) of this rule:

(a) Remains responsible for payment of telecommunication services provided by the large telecommunications utility; and

(b) Must enter into a time payment agreement with the large telecommunications utility pursuant to OAR 860-021-0575 if the customer has an overdue balance. This time payment agreement must be made within 10 days after submission of the affidavit and order.

(5) If a customer who has submitted an affidavit and order fails to enter into or abide by the terms of a time payment agreement pursuant to OAR 860-021-0575, the large telecommunications utility may disconnect local exchange service after complying with all provisions of 860-021-0505. Five days' notice of disconnection must also be provided to the Commission's Consumer Services Section.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: Ch.290 & OL 2005
PUC 2-2006, f. & cert. ef. 2-27-06
PUC 4-2005(Temp), f. 8-22-05, cert. ef. 9-1-05 thru 2-27-06

Or. Admin. R. 860-021-0575 Time Payment Agreements for Large Telecommunications Utilities

(1) A time payment agreement must contain, at a minimum, the following terms:

(a) An initial customer down payment of $10 or 25 percent of the balance owing for tariffed or price-listed large telecommunications utility services on file with the Commission, whichever is greater;

(b) Full payment of the overdue balance within 90 days of the date of the agreement; and

(2) The large telecommunications utility must send a letter to the customer confirming the terms of the time payment agreement.

(3) Payments must be made on a monthly basis. The large telecommunications utility cannot require more frequent payments unless agreed to by the customer. The customer cannot extend the time payment agreement beyond 90 days without the consent of the large telecommunications utility.

(4) The large telecommunications utility may not accelerate payments under a time payment agreement when the customer changes residences. The customer must pay tariff charges associated with the change in residence.

(5) The large telecommunications utility may terminate the customer’s local exchange residential service pursuant to OAR 860-021-0505 if the customer refuses to enter into or fails to abide by the terms of the time payment agreement. The large telecommunications utility must provide five days’ notice to the Commission’s Consumer Services Section.

(6) Nothing in this rule prevents a large telecommunications utility and a customer from entering into a time payment agreement for other charges.

History

Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 2005
Statutes/Other Implemented: ORS 756.040, 757.750, 757.760, 757.755, Ch. 290, OL 1987 & Ch. 290 & OL 2005
PUC 3-2006, f. & cert. ef. 2-27-06

Or. Admin. R. 860-021-0610 Telephone Solicitation Notices by Large Telecommunications Utilities

Each large telecommunications utility shall notify its residential customers of the provisions of ORS 646.561, 646.563, 646.567 through 646.578, and 646.608. The notice shall include a statement that a customer not wishing to be solicited may file a request, together with the required fees, with the telephone solicitation program administrator contracted by the State Attorney General. The notice shall include the address and the telephone number for the customer to contact the telephone solicitation program administrator. The notice shall be provided in the following manner and a copy shall be forwarded to the Commission:

(a) Annual inserts in the billing statements mailed to parties; or

(b) Conspicuous publication of the notice in the consumer information pages of local telephone directories.

History

Statutory/Other Authority: ORS 183, 646 & 756
Statutes/Other Implemented: ORS 646.578 & 756.040
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 3-2001, f. & cert. ef. 1-24-01
PUC 5-2000, f. & cert. ef. 4-17-00
PUC 1-2000(Temp), f. & cert. ef. 1-18-00 thru 7-15-00
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 7-1991, f. & cert. ef. 5-10-91 (Order No. 91-583)

Or. Admin. R. 860-021-0620 Customer Notification and Information Delivery Services for Large Telecommunications Utilities

(1) As used in this rule:

(a) "Information provider" means any person, company, or corporation that operates an information delivery service on a pay-per-call basis;

(b) "Information delivery service" means any telephone-recorded messages, interactive programs, or other information services provided for a charge to a caller through an exclusive telephone number prefix or service access code. When a preexisting written contract exists between the customer and the information provider, this definition does not apply.

(2) A large telecommunications utility providing billing services for information providers shall inform customers:

(a) Of the availability of blocking for information delivery services if and when it is technically available;

(b) That a customer’s local and long distance service shall not be suspended or terminated for nonpayment of information delivery service charges;

(c) That any customer who suffers damage from a violation of ORS 646.608, 646.639, and 759.700 through 759.720 by an information provider has a cause of action against such information provider and a court may award the greater of three times the actual damages or $500, order an injunction or restitution and award attorney fees and court costs to a prevailing plaintiff;

(d) That when an information provider has failed to comply with any provision of ORS 646.608, 646.639, and 759.700 through 759.720, any obligation by a customer that may have arisen from dialing a pay-per-call telephone number is void and unenforceable;

(e) That any obligation that may have arisen from the dialing of a pay-per-call telephone number by an unemancipated child under 18 years of age; or

(f) For a person whose physician substantiates the following conditions, the obligation is void and unenforceable:

(A) The person has a mental or emotional disorder generally recognized in the medical or psychological community that makes the person incapable of rational judgments and comprehending the consequences of the persons’ action; and

(B) The disorder was diagnosed before the obligation was incurred; and

(g) Upon written notification to the information provider or the billing agent for the information provider that a bill for information delivery services is void and unenforceable under (d), (e), or (f) of this rule, no further billing or collection activities shall be undertaken in regard to that obligation.

(3) The notice shall include text prepared by the Commission’s Consumer Services Division or prepared by the large telecommunications utility and approved by the Commission. The notice shall be provided in the following manner:

(a) An annual insert in the billing statements mailed to customers or conspicuous publication of the notice in the consumer pages of local telephone directories; and

(b) Including the notice in the letters setting out the rights and responsibilities of customers sent to all new customers.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.700 - 759.720
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 11-1998, f. & cert. ef. 5-7-98
PUC 11-1995, f. & cert. ef. 11-27-95 (Order No. 95-1217)
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Division 22 RATES

Or. Admin. R. 860-022-0000 Applicability of Division 22

(1) The rules contained in this division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-022-0001.

(2) Upon request or its own motion, the Commission may waive any of the division 22 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 759.030, 759.040 & 759.045
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 11-2001, f. & cert. ef. 4-18-01
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 14-2000, f. & cert. ef. 8-23-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 14-1997, f. & cert. ef. 11-20-97
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-022-0001 Definitions for Utility Rates

For purposes of this division, except when a different scope is explicitly stated:

(1) “Consumer-owned utility” has the meaning given to the term under ORS 757.270(2).

(2) “Energy utility” means a public utility as defined in ORS 757.005 except a water utility or wastewater utility. An energy utility can be an “electric company,” “gas utility,” or “steam heat utility.”

(3) “Large telecommunications utility” means any telecommunications utility, as defined in ORS 759.005 that is not partially exempt from regulation under 759.040.

(4) “Non-energy attributes” means the environmental, economic, and social benefits of generation from renewable energy facilities. These attributes are normally transacted in the form of Tradable Renewable Certificates.

(5) “Utility” means all energy utilities and large telecommunications utilities, as defined in sections (2) and (3) of this rule.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 759.005
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102)

Or. Admin. R. 860-022-0003 Through Service

“Through service” means an Oregon intrastate telecommunications service the provision of which involves the facilities, equipment, or services of two or more telecommunications utilities and/or cooperatives. Examples of “through services” may include, but are not limited to, intrastate toll/access service, extended area service, and E 9-1-1 service. Whether a service is a “through service” is determined on a case-by-case basis.

History

Statutory/Other Authority: ORS 183 & 759
Statutes/Other Implemented: ORS 759.220
PUC 3-1998, f. & cert. ef. 2-24-98

Or. Admin. R. 860-022-0005 Tariff Specifications for Energy Utilities and Large Telecommunications Utilities

(1) Form and style of tariffs:

(a) Each energy or large telecommunications utility must designate the initial tariff as PUC Oregon No. 1, and designate successive tariffs with the next number in consecutive numerical order. Supplemental information not otherwise provided by the tariff must be inserted in the most appropriate location and denoted by the previous sheet numbers plus a letter, for example, 3A, 3B, etc. Revisions to tariffs must be denoted by 1st Revised Sheet No. 3, 2nd Revised Sheet No. 3, etc.;

(b) The title page should be uniform. Rates, rules, and regulations must be written only on one side of a sheet. If a single sheet is insufficient, two or more pages should be used; and

(c) Separate tariffs must be filed for electric, telecommunications, telegraph, gas, heat, or for any other service entered.

(2) Size of tariffs and copies required: an

(a) Tariffs and supplements thereto must be prepared using a readable font that, when printed, will fit on an 8-1/2 x 11 inch page; and

(b) Energy and large telecommunication utilities must file with the Commission an original of each tariff, rate schedule, revision, or supplement in electronic form as required in OAR 860-001-0170. The advice letter accompanying the tariffs must bear the signature of the issuing officer or utility representative. The tariffs do not require a signature.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.205
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 8-1995, f. & cert. ef. 8-30-95 (Order No. 95-858)
PUC 15-1987, f. & ef. 12-3-87 (Order No. 87-1185)
PUC 176, f. 11-17-76, ef. 12-1-76 (Order No. 76-806)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-022-0010 Tariff Contents for Energy Utilities and Large Telecommunications Utilities

(1) The tariffs of each energy utility and large telecommunications utility must explicitly state the utility rates and charges for each class of service rendered, designating the area or district to which they apply.

(2) The energy or large telecommunications utility’s rules and regulations that in any manner affect the rates charged or to be charged or define the extent or character of the service to be given shall be included with each tariff.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.205 & 759.175
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-022-0015 Tariff Changes by Energy Utilities and Large Telecommunications Utilities Require 30 Days’ Notice to the Commission

Except as hereinafter provided in this division, energy utilities and large telecommunications utilities must file with the Commission all tariffs, rate schedules, or supplements thereto containing any change in rates, tolls, charges, rules, or regulations at least 30 days before the effective date of such changes. The Commission will reject tariffs or schedules not conforming with the rules in this division.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.007, 757.220 & 759.190
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 176, f. 11-17-76, ef. 12-1-76 (Order No. 76-806)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-022-0017 Announcement of Utility Tariff Changes

(1) Within 15 days of filing with the Commission new or revised tariff schedules which constitute a general rate revision, an energy or large telecommunications utility shall inform its customers of the filing. A “general rate revision” is a filing by an energy or large telecommunications utility which affects all or most of a utility’s rate schedules. “General rate revision” excludes changes in an automatic adjustment clause under ORS 757.210(1), changes in the credit reflected on certain electric company rate schedules relating to Section 5(c) of the Pacific Northwest Electric Power Planning and Conservation Act of 1980, or similar changes in one rate schedule, such as for an amortization, that affects other rate schedules.

(2) The energy or large telecommunications utility shall inform its customers by:

(a) Inserting a display announcement, not less than a three column standard advertising unit (SAU) by ten-inch advertisement, at least once in a newspaper of general circulation in the communities served by the energy or large telecommunications utility;

(b) Inserting an announcement in the energy or large telecommunications utility’s regular billing to its customers; or

(3) The energy or large telecommunications utility’s announcement shall include:

(a) The approximate annualized amount of the proposed total change, expressed both in dollar and in percentage terms; and the approximate amount of the proposed change for an average residential customer’s monthly bill, expressed in dollar terms;

(b) A brief statement of the reasons why the energy or large telecommunications utility seeks the change;

(c) A statement that copies of the energy or large telecommunications utility’s testimony and exhibits are available for inspection at its main and district offices;

(d) The mailing address and telephone number of the energy or large telecommunications utility’s office that customers may contact for additional information about the filing;

(e) The mailing address and toll-free telephone number of the Commission to which requests to receive notice of the time and place of any hearing on the matter may be directed; and

(f) A statement that the purpose of the announcement is to provide the energy or large telecommunications utility’s customers with general information about the utility’s proposals and their effects on its customers, but that the calculations and statements contained in the announcement are not binding on the Commission.

(4) Within 20 days of issuing the announcement, the energy or large telecommunications utility shall file an affidavit that notice has been given and a copy of the notice.

(5) An energy or large telecommunications utility may submit to the Commission, and request approval of, a list of the newspapers of general circulation in the communities served by the utility. The utility may revise the list by written request to the Commission.

(6) The Commission may waive the requirements of this rule upon a showing by the energy or large telecommunications utility that the notice required by this rule has been given with respect to a particular general rate revision, and upon a further showing that additional notice with respect to that rate revision would be duplicative, confusing to customers, and burdensome to the utility.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.205 - 757.220 & 759.175 - 759.190
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 22-1990, f. & cert. ef. 12-31-90 (Order No. 90-1917)
Reverted to PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075)
PUC 11-1990(Temp), f. & cert. ef. 6-21-90 (Order No. 90-968)
PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075)

Or. Admin. R. 860-022-0019 General Rate Revisions

(1) Any utility filing new or revised tariff schedules that constitute a general rate revision must include supporting testimony and exhibits, work papers, and an executive summary. A general rate revision is a filing by a utility that affects all or most of the utility's rate schedules. The term "general rate revision" does not include the exclusions in OAR 860-022-0017(1). The executive summary must contain an exhibit showing in summary form the following information:

(a) The dollar amount of total revenues that would be collected under the proposed rates;

(b) The dollar amount of revenue change requested, total revenues, and revenues net of any credits from federal agencies;

(d) The test period;

(e) The requested return on capital and return on equity;

(f) The rate base proposed in the filing;

(g) The results of operations before and after the proposed rate change; and

(h) The proposed effect of the rate change on each class of customers.

(2) The initial filing of a general rate revision must contain the following:

(a) All information required by the most recent version of the Standard Data Requests for Energy Rate Cases, available at http://www.puc.state.or.us including tax-related information; and

(b) A motion for a general protective order or modified protective order under OAR 860-001-0080, if necessary for the release of information under sections (1)(a) through (g), and (2)(a) of this rule.

(3) Telecommunications utilities partially exempt from regulation under ORS 759.040 must file tariffs as specified in OAR 860-034-0300.

History

Statutory/Other Authority: ORS 756.040 & 756.060
Statutes/Other Implemented: ORS 756.040, 757.205 & 759.175
PUC 4-2012, f. & cert. ef. 4-17-12
Renumbered from 860-013-0075, PUC 5-2010, f. & cert. ef. 10-22-10
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 3-2002, f. & cert. ef. 2-5-02
PUC 12-1999, f. & cert. ef. 11-18-99
PUC 15-1997, f. & cert. ef. 11-20-97
PUC 10-1994, f. & cert. ef 7-21-94 (Order No. 94-1127)
PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075)

Or. Admin. R. 860-022-0020 Applications to Make Tariffs or Rate Schedules Effective on Less Than Statutory Notice

An energy or large telecommunications utility seeking authority to make tariffs or rate schedules effective on less than statutory notice must use application forms approved by the Commission.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.220 & 759.190
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-022-0025 Requirements for Filing Tariffs or Schedules Changing Rates

(1) An energy or large telecommunications utility may make tariff changes by filing an entirely new tariff or by filing revised sheets which shall refer to the tariff sheets on file. Additions to the tariff on file may be made by filing additional sheets.

(2) Each energy or large telecommunications utility filing tariffs or schedules changing existing tariffs or schedules shall submit therewith the following information:

(a) A statement plainly indicating the increase, decrease, or other change thereby made in existing rates, charges, tolls, or rules and regulations;

(b) A statement setting forth the number of customers affected by the proposed change and the resulting change in annual revenue; and

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.205, 757.061 & 759.175
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-022-0026 Requests to Abandon, Exempt from Regulation, or Price-List Regulated Telecommunications Services

A large telecommunications utility is subject to the requirements set forth in OAR 860-032-0020, 860-032-0023, 860-032-0025, and 860-032-0035.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020, 759.030, 759.035, 759.050, 759.190 & 759.195
PUC 15-2001, f. & cert. ef. 6-21-01

Or. Admin. R. 860-022-0030 Requirements for Filing Tariffs or Schedules Naming Increased Rates

(1) Each energy or large telecommunications utility filing tariffs or schedules which name increased rates shall submit therewith, in addition to requirements of OAR 860-022-0025, the following information:

(a) A statement setting forth for each separate schedule the total number of customers affected, the total annual revenue derived under the existing schedule, and the amount of estimated revenue which will be derived from applying the proposed schedule;

(b) A statement setting forth for each separate schedule the average monthly use and resulting bills under both the existing rates and the proposed rates for characteristic customers, which will fairly represent the application of the proposed tariff or schedules; and

(2) Additional information from the energy or large telecommunications may be required to be filed either before the Commission’s acceptance of the tendered filing or at any stage in the proceeding.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.205 & 759.175
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-022-0032 Tariff Changes Effective With Service Rendered by an Energy or Large Telecommunications Utility

An energy or large telecommunications utility shall make all tariff changes applicable with service rendered on and after the effective date of the changes, unless the Commission by order provides otherwise. As used in this rule, "service rendered" means units of energy consumed, toll calls connected, basic service provided, or likewise as the context requires

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.007, 757.220 & 759.190
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 13-1997, f. & cert. ef. 11-12-97
PUC 176, f. 11-17-76, ef. 12-1-76 (Order No. 76-806)

Or. Admin. R. 860-022-0035 Special Contracts

(1) Energy and telecommunications utilities within Oregon entering into special contracts with certain customers prescribing and providing rates, services, and practices not covered by or permitted in the general tariffs, schedules, and rules filed by such utilities are in legal effect tariffs and are subject to supervision, regulation, and control as such.

(2) All special agreements designating service to be furnished at rates other than those shown in tariffs now on file in the Commission’s office shall be classified as rate schedules. True and certified copies shall be filed subject to review and approval pursuant to the requirements of OARs 860-022-0005 through 860-022-0030.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.007 & 759.250
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-022-0038 Notice to Interested Persons of Tariffs Filed Under ORS 757.205 or 759.175

(1) This rule applies to any tariff filed by an energy utility under ORS 757.205 or by a telecommunications utility under ORS 759.175.

(2) Any person who requests of the Commission, in writing, to be notified of utility tariff filings covered under section (1) of this rule must be included on a notice list.

(3) The Commission must notify all persons on the notice list referred to in section (2) of this rule of any applicable tariff filing. The notice will be given within ten days of any tariff filing under section (1) of this rule that complies with OARs 860-022-0025 through 860-022-0035.

(4) The Commission may periodically delete persons’ names from the notice list who do not demonstrate a continued interest in receiving the notices in section (2) of this rule. No person’s name may be deleted from the list without 20 days’ notice before deletion.

(5) The notice must include the following information:

(a) Name of the filing utility;

(b) Subject;

(d) Filing date;

(e) Effective date;

(f) Date of the public meeting when the tariff will be considered (when the information is available);

(g) Customer classes affected, if readily ascertainable from the utility’s advice letter; and

(h) Whether the tariff schedule is primarily related to price competition or a service alternative, if readily ascertainable from the utility’s advice letter.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.205, 757.230, 759.175 & 759.210
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 16-1988, f. & cert. ef. 10-21-88 (Order No. 88-1216)

Or. Admin. R. 860-022-0040 Relating to City Fees, Taxes, and Other Assessments Imposed Upon Electric Companies, Gas Utilities, and Steam Heat Utilities

(1) The aggregate amount of all business or occupation taxes, license, franchise or operating permit fees, or other similar exactions or costs, excepting volumetric-based fees in section (3) of this rule, imposed upon energy utilities by any city in Oregon for engaging in business within such city or for use and occupancy of city streets and public ways, which does not exceed 3 percent for gas utilities or 3.5 percent for electric companies and steam heat utilities, applied to gross revenues as defined herein, shall be allowed as operating expenses of such utilities for rate-making purposes and shall not be itemized or billed separately. All other costs not allowed as operating expenses shall be itemized or billed separately.

(2) Except as otherwise provided herein, “gross revenues” means revenues received from utility operations within the city less related net uncollectibles. Gross revenues of an energy utility shall include revenues from the use, rental, or lease of the utility’s operating facilities other than residential-type space and water heating equipment. Gross revenues shall not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, sales at wholesale by one utility to another when the utility purchasing the service is not the ultimate customer, or revenue from joint pole use.

(3) Each electric company subject to volumetric-based privilege taxes or fees shall determine for each city imposing such volumetric charges a base volumetric rate for each customer class calculated as 3.5 percent of the class 1999 gross operating revenues within the city divided by the amount of electric energy in kilowatt-hours delivered to the class in 1999. In cases where 1999 data is not available for a particular city and/or class, the utility’s total 1999 Oregon revenues and kilowatt-hour deliveries for the customer class shall be used to calculate the base volumetric rate. An amount equal to the base volumetric rates multiplied by the corresponding amount of electric energy in kilowatt hours delivered in the 12-month period used to determine the electric company’s revenue requirement shall be allowed as operating expenses and shall not be itemized or billed separately. The privilege tax shall be allocated across an electric company’s customer classes in the same proportional amounts as levied by cities against the electric company.

(4) Permit fees or similar charges for street opening, installations, construction, and the like to the extent such fees or charges are reasonably related to the city’s costs for inspection, supervision, and regulation in exercising its police powers, and the value of any utility services or use of facilities provided on November 6, 1967, to a city without charge, shall not be considered in computing the percentage levels set forth in sections (1) and (3) of this rule. Any such services may be continued within the same category or type of use. The value of any additional category of utility service or use of facilities provided after November 6, 1967, to a city without charge shall be considered in computing the percentage levels herein set forth.

(5) This rule shall not affect franchises existing on November 6, 1967, granted by a city. Payments made or value of service rendered by an energy utility under such franchises shall not be itemized or billed separately. When compensation different from the percentage levels in section (1) of this rule is specified in a franchise existing on November 6, 1967, such compensation shall continue to be treated by the affected utility as an operating expense during the balance of the term of such franchise. Any tax, fee, or other exaction set forth in section (1) of this rule, unilaterally imposed or increased by any city during the unexpired term of a franchise existing on November 6, 1967, and containing a provision for compensation for use and occupancy of streets and public ways, shall be charged pro rata to local users as herein provided.

(6) Except as provided in section (5) of this rule, to the extent any city tax, fee, or other exaction referred to in sections (1) and (3) of this rule exceeds the percentage levels allowable as operating expenses in sections (1) and (3) of this rule, such excess amount shall be charged pro rata to energy customers within said city and shall be separately stated on the regular billings to such customers.

(7) The percentage levels in sections (1) and (3) of this rule may be changed if the Commission determines after such notice and hearing, as required by law, that fair and reasonable compensation to a city or all cities should be fixed at a different level or that by law or the particular circumstances involved a different level should be established.

(8) The amount allowed as an operating expense may be described on customers’ bills in a manner determined by the energy utility.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 14-2003, f. & cert. ef. 7-24-03
PUC 15-2002, f. & cert. ef. 6-14-02
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 17-2000, f. & cert. ef. 9-29-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 7-1998, f. & cert. ef. 4-8-98
PUC 14-1990, f. & cert. ef. 7-11-90 (Order No. 90-1031)
PUC 3-1990, f. & cert. ef. 4-6-90 (Order No. 90-417)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-022-0042 Relating to City Privilege Taxes, Fees, and Other Assessments Imposed Upon a Large Telecommunications Utility

(1) The aggregate amount of all privilege taxes and fees and other assessments imposed upon a large telecommunications utility by any city in Oregon for engaging in business within such city or for use and occupancy of city streets and public ways, whether applied to regulated revenues, net income, or other bases, shall be allowed as operating expenses of the large telecommunications utility for rate-making purposes, subject to sections (2) through (4) of this rule.

(2) As used in this rule:

(a) "Fees and other assessments" means business or occupation taxes or licenses; franchise or operating permit fees; sales, use, net income, gross receipts, and payroll taxes, levies, or charges; and other similar exactions imposed by cities, other than ad valorem taxes, upon revenues or income received from regulated telecommunications services by a large telecommunications utility;

(b) "Local access revenues" means those revenues derived from exchange access services within the city, as defined in ORS 401.710, less related net uncollectibles;

(c) "Privilege taxes" means taxes levied and collected by cities from a large telecommunications utility for use and occupancy of city streets, alleys, or highways, as provided under ORS 221.515;

(d) "Regulated revenues" means those revenues derived from regulated telecommunications services within the city less related net uncollectibles. Regulated revenues include, but are not limited to, local access revenues.

(3) Separate fees for street opening, installations, construction, and maintenance of fixtures or facilities to the extent such fees or charges are reasonably related to the city’s costs for inspection, supervision, and regulation in the exercise of its police powers shall be allowed as operating expenses of a large telecommunications utility for rate-making purposes. Such fees shall not be deducted in computing the percentage level set forth in section (4) of this rule.

(4) The aggregate amount of all privilege taxes and fees and other assessments imposed upon a large telecommunications utility by a city, which does not exceed 4 percent of local access revenues, shall be allowed as operating expenses for rate-making purposes and shall not be itemized or billed separately. All privilege taxes and fees and other assessments in excess of 4 percent of local access revenues shall be charged pro rata to users of local access services within the city, and the aggregate excess amount shall be separately itemized on customers’ bills or billed separately.

(5) The amount allowed as an operating expense may be described on customers’ bills in a manner determined by the large telecommunications utility.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.105
PUC 14-2003, f. & cert. ef. 7-24-03
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 7-1998, f. & cert. ef. 4-8-98
PUC 14-1990, f. & cert. ef. 7-11-90 (Order No. 90-1031)

Or. Admin. R. 860-022-0045 Relating to Local Government Fees, Taxes, and Other Assessments Imposed Upon an Energy or Large Telecommunications Utility

(1) If any county in Oregon, other than a city-county, imposes upon an energy or large telecommunications utility any new taxes or license, franchise, or operating permit fees, or increases any such taxes or fees, the utility required to pay such taxes or fees shall collect from its customers within the county imposing such taxes or fees the amount of the taxes or fees, or the amount of increase in such taxes or fees. However, if the taxes or fees cover the operations of an energy or large telecommunications utility in only a portion of a county, then the affected utility shall recover the amount of the taxes or fees or increase in the amount thereof from customers in the portion of the county which is subject to the taxes or fees. "Taxes," as used in this rule, means sales, use, net income, gross receipts, payroll, business or occupation taxes, levies, fees, or charges other than ad valorem taxes.

(2) The amount collected from each utility customer pursuant to section (1) of this rule shall be separately stated and identified in all customer billings.

(3) This rule applies to new or increased taxes imposed on and after December 16, 1971, including new or increased taxes imposed retroactively after that date.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.110 & 759.115
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 7-1998, f. & cert. ef. 4-8-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-022-0046 Forced Conversion of Electric and Communication Facilities

(1) As used in this rule:

(a) “Convert,” “converting,” or “conversion” means the removal of overhead electric or communication facilities and the replacement of those facilities with underground electric or communication facilities at the same or different locations;

(b) “Conversion cost” means the difference in cost between constructing an underground system and retaining the existing overhead system. This difference is generally equal to the cost of all necessary excavating, road crossings, trenching, backfilling, raceways, ducts, vaults, transformer pads, other devices peculiar to underground service, and “overhead retirement costs.” However, if the conversion is required in conjunction with a public project which would necessitate the relocation of the electric company’s or large telecommunications utility’s facilities at the utility’s expense, “conversion costs” shall not include any “overhead retirement costs;”

(c) “Electric or communication facilities” means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, and all related facilities required for the acceptance of electric or communication services. However:

(A) “Electric facilities” excludes any facilities used or intended to be used for the transmission of electric energy at nominal voltage in excess of 35,000 volts;

(B) “Communication facilities” excludes facilities used or intended to be used for the transmission of intelligence by microwave or radio apparatus cabinets or outdoor public telephones;

(C) “Electric or communication facilities” excludes any electric or communication facilities owned or used by or provided for a railroad or pipeline and located upon or above the right-of-way of the railroad or pipeline.

(d) “Local government” includes cities; counties; authorities and agencies created pursuant to ORS Chapters 456 and 457; special districts of the type described in 198.010, 198.180; and all other political subdivisions of Oregon;

(e) “Overhead electric or communication facilities” means electric or communication facilities located above the surface of the ground;

(f) “Overhead retirement cost” means the original cost, less depreciation, less salvage value, plus removal costs, of existing overhead distribution facilities no longer used or useful by reason of the conversion;

(g) “Underground electric or communication facilities” means electric or communication facilities located below the surface of the ground exclusive of those facilities such as substations, transformers, pull boxes, service terminals, pedestal terminals, splice closures, apparatus cabinets, and similar facilities which normally are above the surface in areas where electric company or large telecommunications utility facilities are underground in accordance with standard underground practices.

(2) This rule does not apply if the total conversion cost incurred by the electric company or large telecommunications utility during one calendar year does not exceed five-one hundredths of 1 percent (.05 percent) of the utility’s annual revenues derived from customers residing within the boundaries of the local government.

(3) When a local government requires an energy or large telecommunications utility to convert electric or telecommunications facilities at the utility’s expense, the utility shall collect the conversion costs from customers located within the boundaries of the local government.

(4) The local government may direct the electric company or large telecommunications utility to collect conversion costs from only a portion of the customers located within the boundaries of the local government.

(5) Conversion costs incurred by the electric company or large telecommunications utility shall be accumulated in a separate account in the electric company or large telecommunications utility’s books. Interest shall accrue from the date the electric company or large telecommunications utility incurs the cost. The rate of such interest shall be equal to the effective cost of the senior security issue which most recently preceded the incurrence of the cost.

(6) The electric company or large telecommunications utility shall collect the conversion costs and interest over a reasonable period of time subject to the Commission’s approval. However, the pay-back period shall not exceed the depreciable life of the facilities. Collection shall begin as soon as practical after the end of the year in which the conversion costs are incurred.

(7) The conversion cost to be recovered from each customer shall be calculated by applying a uniform percentage to each customer’s total monthly bill for service rendered within the boundaries of the local government. The amount collected shall be separately stated and identified on each bill.

(8) This rule applies to conversions upon which construction began on or after August 13, 1984.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 20-1984, f. & ef. 9-19-84 (Order No. 84-737)
PUC 17-1984, f. & ef. 8-14-84 (Order No. 84-615)

Or. Admin. R. 860-022-0047 Recovery of Certain Facility Relocation Costs

(1) This rule provides a means for a utility to recover from its customers the unreimbursed costs of facility relocation activities required by a public body, as provided in ORS 758.025.

(2) As used in this rule:

(a) “Facility” or “facilities” refers to a utility’s tangible plant which ordinarily has a service life of more than one year that provides utility service, and is included in the utility’s books of account as Telecommunications Plant in Service (account 2001. 47 C.F.R. 32).

(b) “Facility costs” represent the cost of materials installed because of a facility relocation required by a public body.

(c) “Nonfacility costs” are those non-material costs (e.g. labor) incurred to place or move utility facilities and which are authorized for recovery by the utility under this rule.

(d) “Public body” has the meaning given that term in ORS 174.109.

(e) “Recoverable relocation costs” has the meaning given in ORS 758.025(5)(a).

(f) “Undepreciated value of facilities replaced” represents the net book value (original cost minus accumulated depreciation) of the facilities removed or retired.

(g) “Utility” means a telecommunications utility or competitive telecommunications provider, as those terms are defined in ORS 759.005.

(3) A telecommunications utility that is not subject to rate-of-return regulation, including a utility regulated under ORS 759.255 may, after participating in the process described in 758.025(3), petition the Commission for approval to recover from its customers prudent costs incurred for the relocation of facilities required by a public body that are not otherwise paid or reimbursed from another source.

(4) The utility's petition must follow the requirements of filing for contested cases found in OAR Chapter 860, Division 001 and include:

(a) The name of the utility as it appears on its certificate of authority.

(b) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for additional information about the petition.

(c) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for regulatory information, if different from the person specified in subsection (b) of this section.

(d) A general description of the relocation project or projects including a statement as to why the relocation was necessary and unavoidable, and a description of the locations and public bodies involved.

(e) A statement that, for each project identified in subsection (d) above, the utility participated in the planning and design process described in ORS 758.025(3).

(f) Evidence from each public body that the public body required the utility to relocate its facilities within the public body’s jurisdiction.

(g) A general statement of the overall impact on the utility of the relocation project or projects.

(h) One or more schedules of costs for which the utility seeks recovery. The utility must:

(A) Include in its petition only those costs directly related to a relocation required by a public body.

(B) Exclude any costs subject to reimbursement from other sources, such as state or federal highway funds.

(D) Identify facility and nonfacility costs separately.

(E) Exclude all costs related to improvements and upgrades, except that costs related to mandatory conversions ordered by a public body may be included.

(F) Ensure that all schedules, plant records, and job costs meet FCC accounting requirements (47 C.F.R. 32).

(G) Limit recoverable facility costs to the undepreciated value of the facilities replaced.

(i) The utility’s proposed allocation of costs between services, customers, jurisdictions, or other groups as appropriate.

(j) The utility’s proposed method of cost recovery.

(A) Approved relocation costs may be recovered by one or more line items on customer bills.

(B) The utility may propose alternative forms of cost recovery subject to Commission review and approval.

(k) The utility’s proposed time period for cost recovery. A utility may recover its cost over no less than twelve months, subject to an annual true up.

(l) A copy of the customer notice required by section (8) of this rule.

(m) An affidavit of notice required by section (10) of this rule.

(5) The petition may include any other relevant information the utility wishes the Commission to consider.

(6) If the utility designates any portion of the petition to be confidential, it must provide an affidavit stating the legal basis for the claim of confidentiality and comply with the requirements of OAR 860-001-0070 or 860-001-0080.

(7) The petition must be filed at least 90 days before the proposed effective date of the cost recovery.

(8) The customer notice (notice) must include:

(a) The name of the utility as it normally appears on a customer bill.

(b) A statement that the utility has petitioned the Commission for recovery of certain mandatory facility relocation costs.

(d) The proposed effective date of cost recovery billing.

(e) A statement that customers may submit objections or comments regarding the petition to the Commission within 45 days of receipt of the notice.

(f) The name, telephone number, electronic mail address, and mailing address of the utility's contact person for more information.

(9) The utility must provide the notice:

(a) To all customers whose bills will be affected if the requested cost recovery is approved by the Commission.

(b) To affected customers on or before the date the utility submits its petition for cost recovery to the Commission.

(c) To persons who are not customers of the utility if the utility seeks cost recovery from those persons. The utility must explain in its petition why those persons should contribute to the utility’s cost recovery. The utility must provide notice to those persons at the same time as the utility provides notice to its customers.

(10) The affidavit of notice must include:

(a) A certificate of service stating when and by what means (for example, direct mail, bill message, bill insert, or electronic mail) the notice was provided to the persons identified in section (9) above.

(b) A statement of efforts taken by the utility to provide notice in those instances when service was not completed.

(11) The utility must identify in its petition its recoverable costs that are substantial and beyond the normal course of business, subject to Commission review and approval.

(12) In its review of the petition under ORS 758.025(5), the Commission will:

(a) Verify the utility’s participation in the design and planning process described in ORS 758.025(3).

(b) Verify the relocation costs for which the utility requests recovery.

(c) Determine the allocation of costs between interstate and intrastate services, geographic areas, customers and services.

(d) Prescribe the method of cost recovery.

(13) The Commission may audit any relocation costs or other information submitted by the utility.

(14) The Commission may administratively approve an unopposed petition without a hearing. For good cause, the Commission may suspend the effective date of a petition (whether opposed or unopposed) without a hearing for a period not to exceed six months.

(15) If opposition to the petition is filed with the Commission within 45 days of service of the notice, the Commission will schedule a conference to determine the schedule and proceedings necessary to complete its review of the petition. Contested cases will follow the procedures in OAR Chapter 860, Division 001.

(16) The utility must file the approved surcharge (or other approved cost recovery mechanism) in its tariff and price list before it can bill the surcharge to its customers.

(17) With respect to relocation of utility facilities required by a public body, this rule does not supersede any franchise agreement, ordinance, or applicable state law.

(18) This rule applies to relocations for which construction began on or after January 1, 2010.

History

Statutory/Other Authority: ORS Ch. 183, 756, 758 & 759
Statutes/Other Implemented: ORS 758.025
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2012, f. & cert. ef. 8-23-12

Or. Admin. R. 860-022-0065 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities

Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028.

History

Statutory/Other Authority: ORS 183, 756, 757, 758 & 759
Statutes/Other Implemented: ORS 757.035, 757.542 - 757.562, 758.215, 759.045 & 759.650 - 759.675
PUC 23-2001, f. & cert. ef. 10-11-01

Or. Admin. R. 860-022-0070 Procedures and Standards for Reviewing Gas Utility Rates in the Context of the Purchased Gas Adjustment Mechanism

(1) The purpose of sections (1) through (7) of this rule is to ensure that earnings of a natural gas utility local distribution company ("gas utility" or "LDC") with a purchased gas adjustment ("PGA") mechanism are not excessive prior to passing through prudently incurred base gas cost changes in rates through a mechanism which is fair to all parties and efficient to administer. For purposes of this rule, earnings are excessive only if a gas utility does not share with its customers past revenues related to earnings that exceed an earnings threshold determined by the Commission.

(2) Prudently incurred base gas cost changes will be included in rates through tracking filings, subject to the Commission's review of gas cost purchasing practices at the time of those filings.

(3) A separate, simplified earnings review will be conducted on an annual basis independent of and in advance of the PGA filings. The purpose of such an earnings review is to determine whether the gas utility's earnings are above an earnings threshold so as to require some sharing of revenue with customers before passing through base gas cost changes. The purpose is not to make a forward-looking, permanent change in rates.

(4) In an earnings review conducted under this rule, it is reasonable for PGA base gas cost changes to be passed through into rates if, in circumstances when the gas utility's earnings in the prior year were above an earnings threshold determined in section (5) of this rule, revenue representing a percentage of earnings in that year above that earnings threshold is shared with customers.

(5) The standards to be applied in an earnings review under this rule for each LDC are as follows:

(a) Test year: The test year for the earnings review will be the calendar year immediately prior to the year in which the PGA filing is made, unless otherwise specified by the Commission.

(b) Normalization and adjustments: The test year results will be adjusted with a predetermined list of rate-making adjustments equivalent to those applied in the gas utility's most recent general rate proceeding.

(c) Earnings threshold: There will be no revenue sharing required for years when a gas utility's return on equity from utility operations in Oregon is lower than the earnings threshold determined by the Commission for each LDC. Neither this value nor any of the components implied in establishing it will be precedential in a general rate case involving any Oregon public utility. The Commission will update the value for the earnings threshold annually for each LDC, pursuant to a mechanism established by order of the Commission for each LDC, to reflect changes in conditions in the capital markets. Upon a showing of good cause, the Commission may consider other relevant factors in addition to changes in conditions in the capital markets.

(d) Sharing percentage: The amount of revenue in a test year representing a specified percentage of the earnings above the earnings threshold will be shared with customers. The Commission by order will determine the sharing percentage for each LDC.

(e) Deferral and amortization: Any revenue determined for the gas utility for a test year under section (5)(d) of this rule will be deferred as of December 31 of the test year. The balance in the deferred account will accrue interest from that date at the LDC's rate of return on rate base determined in its last general rate case. Interest will continue to accrue at this rate during the amortization period, which will begin on the date of the next PGA rate change and extend for twelve months. The Commission by order will determine the method for allocating amounts to be amortized among customer classes.

(6) Each LDC will file test year results of operations by May 1. Any person may request to be placed on a list to receive all such earnings review filings at the time they are submitted to the Commission or may request a copy of individual filings. Any person wishing to participate as a party shall so notify the Commission and other parties via letter. Commission staff will complete its review and distribute summary conclusions by June 10 to all parties. Staff will present the results of the earnings review at the first regular public meeting in July; alternatively, if issues are unresolved among all parties, a settlement conference including all parties will be conducted. By August 1, the parties will file position statements with the Commission on unresolved issues, if needed. The Commission will issue its decision on unresolved issues, if any, by August 15. Unless otherwise directed by the Commission, each LDC will file its annual gas cost tracking filing by August 31, including amortization of credit amounts in the deferred account, if any, resulting from the earnings review.

History

Statutory/Other Authority: ORS 183 & 757
Statutes/Other Implemented: ORS 757.210 & 757.259
PUC 2-2009, f. & cert. ef. 3-25-09
PUC 1-2007, f. & cert. ef. 1-23-07
PUC 5-2003, f. & cert. ef. 4-14-03
PUC 1-1999, f. & cert. ef. 4-21-99

Or. Admin. R. 860-022-0075 Ownership of Non-Energy Attributes of Generation from Renewable Energy Facilities

(1) This rule applies to non-energy attributes associated with energy generated and sold under an applicable contract, as identified in section (2) of this rule, that is executed on or after the effective date of this rule.

(2) Unless otherwise agreed to by separate contract, the owner of the renewable energy facility retains ownership of the non-energy attributes associated with electricity the facility generates and sells to an electric company pursuant to:

(a) The provisions of a net metering tariff;

(b) An Oregon contract with the electric company entered into pursuant to Section 210 of the Public Utility Regulatory Policies Act of 1978; or

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.205 & 757.210
PUC 7-2005, f. & cert. ef. 11-30-05

Or. Admin. R. 860-022-0500 Residential Rate Cumulative Economic Impact Analysis

(1) As used in this rule, “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.

(2) In determining whether a proposed residential rate or schedule of rates to be established, increased, or modified by an electric or natural gas company is fair, just and reasonable, the Commission shall balance the interests of the utility investor and the consumer by considering the cumulative economic impact of the proposed rate or schedule of rates on the electric or natural gas company’s residential ratepayers.

(3) An electric or natural gas company shall conduct and include with its filing an analysis of the cumulative economic impact of a proposed rate or schedule of rates on the electric or natural gas company’s residential ratepayers if:

(a) The electric or natural gas company’s proposed residential rate or schedule of rates will result in an increase of residential rates; and

(b) The electric or natural gas company’s return on equity is subject to review and modification.

(4) The analysis required under section 3 must include, at a minimum:

(a) For each affected residential service classification, and where applicable, distinguishing between single-family and multifamily housing rate classes:

(A) The average monthly residential bill for the 18 months ending on the day before the proposed effective date of the proposed rate or schedule of rates is to take effect;

(B) The approximate range of residential customer utility bills from November 1 through March 31 for each of the two preceding years for residential customers using utility service for space heating;

(b) The average cost of living and cost of fuel and utilities for the region, state and, where available, service territory of the electric or natural gas company, as determined by the commission including

(A) The Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor;

(B) Any other macroeconomic data as determined by the Commission

(A) The number and percentage of residential customers disconnected for nonpayment in the previous 12 months;

(B) The number and percentage of ratepayers receiving energy assistance, including any government assistance, utility bill discount or utility arrearage program, that the electric or natural gas company disconnected for nonpayment in the previous 12 months;

(D) Data related to customers who are enrolled in the electric or natural gas company’s energy assistance programs, including disconnection moratorium programs

(d) Overdue balance data, including:

(A) The number of residential customers with overdue balances;

(B) The average overdue balance amount;

(e) Data on the cost of energy for commercial and industrial customers relative to the cost of energy for commercial and industrial customers in other states in the region together with historical trends; and

(f) Any additional data that the Commission deems relevant, including but not limited to indicators of financial hardship, energy burden, or affordability of utility bills.

(5) The commission may contract or coordinate with other state agencies, energy assistance providers or the nongovernmental entity that administers funds collected pursuant to ORS 757.054, through natural gas tariffs or through public purpose charges pursuant to ORS 757.612, to collect data necessary to carry out this rule.

History

Statutory/Other Authority: ORS 756.040, ORS 756.060 & ORS 756.090
Statutes/Other Implemented: ORS 757.210–757.220 & ORS 757.230
PUC 1-2026, adopt filed 03/19/2026, effective 03/19/2026

Or. Admin. R. 860-022-0550 Moratorium on Residential Rate Increases

Any increase in residential rates may not take effect from November 1 to March 31.

History

Statutory/Other Authority: ORS 756.040 & ORS 756.060
Statutes/Other Implemented: ORS 757.025, ORS 757.210 & ORS 757.240
PUC 1-2026, adopt filed 03/19/2026, effective 03/19/2026

Or. Admin. R. 860-022-0600 Residential Rate Cost Category Disclosure

(2) On or before December 31 of each calendar year, each electric and natural gas company shall:

(a) Provide to the Commission a visual representation of the cost categories currently included in the Company’s residential customer rates and the percentage amount of the residential customer rates for each cost category; and

(b) Make the visual representation publicly available on the electric or natural gas company’s website.

(3) The visual representation required under Section 2 must identify the total dollar amount and percentage of total costs of each:

(a) Transmission services infrastructure;

(b) Distribution services infrastructure;

(d) Wildfire mitigation;

(e) Each Catastrophic event and emergency;

(f) Insurance, by category, including self-insurance; and

(g) Any other expenses, as determined by the commission, that an electric or natural gas company seeks to recover through residential customer rates.

History

Statutory/Other Authority: ORS 756.040, ORS 756.060, ORS 767.090 & ORS 756.105
Statutes/Other Implemented: ORS 757.020, ORS 757.125, ORS 757.205, ORS 757.230 & ORS 757.259
PUC 1-2026, adopt filed 03/19/2026, effective 03/19/2026

Or. Admin. R. 860-022-0650 Annual Rate Adjustment Forecast Reporting

(1) Each electric and natural gas utility shall, on or before December 31 of each calendar year, file with the Commission and make publicly available a report identifying any rate adjustments the utility expects to propose or implement within the subsequent 12-month period.

(2) The Report required under section (1) must, at a minimum:

(a) Identify each rate adjustment requests that an electric or natural gas company has filed or reasonably knows or anticipates to file;

(b) Identify other requests or applications that could result in a rate adjustment;

(c) Provide dollar and percentage estimates on the amounts of expected rate adjustments, if the amounts in expected rate adjustments are not known with certainty; and

(d) For each rate adjustment request that an electric or natural gas company has filed or reasonably knows or anticipates to file:

(A) That actual or anticipated filing date with the Commission;

(B) The requested or anticipated effective date of the rate adjustment;

(C) The estimated overall rate impact, expressed in both dollars and percentage amounts, that would result from the rate adjustment if approved;

(D) The cumulative rate impact of the rate adjustment in aggregate with all other rate adjustments that take effect between the date of the report and the date the rate adjustment takes effect;

(E) Identify the classification of service or customer that may be affected by a rate adjustment and a forecast of how the rate adjustment may affect rates for the other customer classes.

(3) An electric or natural gas company is not required under this section to make publicly available any information or material that is subject to confidentiality under the rules of the commission.

(4) An electric or natural gas utility may request protection of confidential information submitted under section (2) of this rule by filing a motion for a protective order with the Commission.

History

Statutory/Other Authority: ORS 756.040, ORS 756.060, ORS 756.090, ORS 756.105 & ORS 757.210
Statutes/Other Implemented: ORS 757.020, ORS 757.205, ORS 757. 240 & ORS 757.259
PUC 1-2026, adopt filed 03/19/2026, effective 03/19/2026

Division 23 SERVICE STANDARDS

Or. Admin. R. 860-023-0000 Applicability of Division 23

(1) The rules contained in this division apply to energy utilities, large telecommunications utilities, telecommunications carriers, and intrastate toll service providers, as defined in OAR 860-023-0001.

(2) Upon request or its own motion, the Commission may waive any of the Division 023 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 759.030, 759.040 & 759.045
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 9-2005, f. & cert .ef. 12-23-05
PUC 11-2001, f. & cert. ef. 4-18-01
PUC 14-2000, f. & cert. ef. 8-23-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 14-1997, f. & cert. ef. 11-20-97
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-023-0001 Definitions for Service Standards

For purposes of this division, except when a different scope is explicitly stated:

(1) “Customer” means any person, firm, partnership, corporation, municipality, cooperative organization, governmental agency, or other legal entity that has applied for, been accepted for, or is currently receiving service from an energy utility, large telecommunications utility, or intrastate toll service provider.

(2) "Energy utility" means a public utility as defined in ORS 757.005 except a water utility or wastewater utility. An energy utility can be an "electric utility, "gas utility," or "steam heat utility."

(3) "Intrastate" means telecommunications service that originates and terminates in Oregon.

(4) “Intrastate toll service provider” means a telecommunications carrier that provides intrastate toll services to retail customers.

(5) "Large telecommunications utility" means any telecommunications utility, as defined in ORS 759.005, that is not partially exempt from regulation under 759.040.

(6) "Local exchange service" has the meaning given to "local exchange telecommunications service" in ORS 759.005(1)(c).

(7) "Telecommunications carrier" has the meaning provided in ORS 759.400(3).

(8) “Toll” has the meaning provided in ORS 759.005(h).

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040 & 759.005
PUC 9-2005, f. & cert .ef. 12-23-05
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102)

Or. Admin. R. 860-023-0005 Maintenance of Plant and Equipment by Energy Utilities, Large Telecommunications Utilities, and Intrastate Toll Service Providers

Each energy utility, large telecommunications utility, and intrastate toll service provider must have and maintain its entire plant and system in such condition that it will furnish safe, adequate, and reasonably continuous service. Each energy utility, large telecommunications utility, and intrastate toll service provider must inspect its plant distribution system and facilities in such manner, and with such frequency, as may be needed to ensure a reasonably complete knowledge about its condition and adequacy at all times. Each energy utility, large telecommunications utility, and intrastate toll service provider must keep such records of the conditions found as the utility considers necessary to properly maintain its system, unless in special cases the Commission specifies a more complete record.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.020 & 759.035
PUC 9-2005, f. & cert. ef. 12-23-05
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0010 Use of Gas and Electric Meters

(1) Electrical energy sold by a utility shall be charged for by meter measurements, unless otherwise authorized by the Commission. All meter measurements for gas service shall be converted to a therm basis for billing purposes.

(2) Unless otherwise authorized by the Commission, each energy utility shall continue to own, maintain, and operate all equipment needed to regulate and measure electricity and gas to its customers. When the energy utility furnishes additional meters or relocates meters for the customer’s convenience, the energy utility may make a reasonable charge for such meters in accordance with a schedule approved by the Commission.

(3) No energy utility shall charge for furnishing, installing, or maintaining any meter or other appliance for measurement purposes except by the Commission’s permission, or as provided in OARs 860-021-0050(1) and 860-021-0055. The amount so paid shall be refunded to the customer by allowing him/her a credit of one-half of the monthly bill until the amount has been paid, provided such refund payments do not run for more than three years from the date when the refund began.

(4) No rental shall be charged by any energy utility for any meter or appliance installed by it, which the energy utility uses as a basis for the rendering of bills, except when an additional meter or appliance may be requested by the customer for his/her convenience.

(5) The energy utility shall have the right to set meters or other devices for detecting and preventing fraud or waste, without notifying the customer.

(6) No energy utility shall use prepayment meters except in special cases or for clearly defined special classes of service authorized by the Commission.

(7) If damage results to the meter from molesting or willful neglect by the customer, the energy utility shall repair or replace the meter and it may bill the customer for the cost.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.250
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 13-1997, f. & cert. ef. 11-12-97
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0015 Testing Gas and Electric Meters

(1) All meters shall be tested before installation, or within 30 days thereafter. No meter will be placed in service or be allowed to remain in service which has an error in registration in excess of two percent under conditions of normal operation. These requirements may be waived by written agreement if the energy utility provides an approved random sampling technique for testing new meters.

(2) New meters, repaired meters, and meters that have been removed from service shall be correct to within two percent fast or slow before being installed or reinstalled.

(3) Each energy utility shall adopt schedules for periodic tests and repairs of meters. The length of time meters shall be allowed to remain in service before receiving periodic tests and repairs is to be determined from periodic analysis of the accuracy of meters tested. The schedules adopted shall be subject to the Commission’s approval.

(4) Whenever any meter is tested, the energy utility shall prepare a test record, including the information needed for identifying the meter, the reason for making the test, the reading of the meter, the result of the test, and all data taken at the time of the test in sufficiently complete form to permit the convenient checking of methods employed. The energy utility shall retain the current and immediately prior test records for all meters tested.

(5) Each energy utility shall, unless specifically excluded by the Commission, provide such laboratory meter-testing equipment and other equipment and facilities as needed to make the tests required of it by these rules or other orders of the Commission. The apparatus and equipment so provided shall be subject to the Commission’s approval.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.250
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 13-1997, f. & cert. ef. 11-12-97
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0020 Quality of Electric Service

(1) Every electric company shall adopt a set of normal standard voltages at the point of delivery for the different classes of service in its service areas. The nominal standard voltages applicable to residential and commercial customers shall be specified in the tariffs filed by the electric company. Except as may be caused by the customer’s operation of apparatus in violation of the electric company’s rules, or by conditions beyond the electric company’s control, every electric company shall maintain the adopted standard secondary voltages so the same shall not normally vary more than plus or minus 5 percent of the standard at the service entrance.

(2) Each electric company shall make a sufficient number of voltage surveys to indicate the service furnished is in compliance with the standard as indicated under section (1) of this rule.

(3) Each electric company shall keep a complete record of each test of voltage and service conditions, as made under these rules, and this record shall be accessible to the Commission or its authorized representatives. Each record of tests of voltage or service conditions so kept shall contain complete information concerning the test, including such items as the Commission may from time to time require.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0025 Purity of Gas

(1) All gas supplied to customers shall contain no more than .25 of one grain of hydrogen sulfide in each 100 cubic feet; 20 grains of sulphur in each 100 cubic feet (30 grains of sulphur in 100 cubic feet may be permitted if the gas utility shall show cause for such an exception in advance or immediately upon the discovery of exceptional conditions that warrant it); five grains of ammonia in each 100 cubic feet. No gas shall contain impurities which may cause excessive corrosion of mains or piping or form corrosive or harmful fumes when burned in a properly designed and adjusted burner.

(2) Tests:

(a) Each utility distributing manufactured gas, or a mixture of manufactured and other gas, shall test the gas for the presence of hydrogen sulfide at least once each day. Each utility distributing natural gas shall make hydrogen sulfide tests at such intervals as needed.

(b) Records of all tests shall be properly filed and shall be reported to the Commission for such periods and at such times as the Commission shall request.

(3) Manufactured and mixed gas shall be tested at least once each month for the presence of total sulphur and ammonia. Approved methods of testing shall be used. Record of all tests shall be preserved as specified by the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0030 Change in Character of Service

(1) Any change in the heating value or the characteristics of the gas service which may impair the safe, efficient use of the gas in the customer’s appliances shall not be made without the Commission’s approval and without adequate notice to the customers. In such event, the gas utility shall make any necessary adjustments to the customer’s appliances without charge and shall conduct the adjustment program with a minimum of inconvenience to the customers.

(2) No changes of standard shall take effect and no expenditure shall be incurred to alter plant or equipment for the purpose of supplying gas under the proposed standard until the Commission has approved the change of standard or until 30 days after notification, data, and schedules required by this rule have been transmitted to the Commission. The provisions of this rule shall not be interpreted as forbidding expenditure for engineering services or experimental or development work needed to determine the character and cost of the proposed changes.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0035 Pressure Testing and Maintenance

(1) Each gas utility shall make every reasonable effort needed to maintain adequate gas pressure. Each gas utility shall make such determinations and keep such records of pressures as will enable it to have at all times a substantially accurate knowledge of the pressure existing in every part of its distributing system. The pressure records shall be properly identified, dated and filed.

(2) All recording pressure gauges shall be tested periodically and maintained in an accurate condition.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0040 Testing Equipment and Facilities

(1) Each gas utility shall own and maintain or have access to all testing equipment needed to make all tests of the gas required by the Commission. The Commission may approve arrangements for the gas utility to have any part of its testing done by another utility or competent party.

(2) All testing equipment shall be of an approved type, properly maintained, and subject to the Commission’s inspection and approval. All equipment shall be open to use of qualified representatives of the Commission at any time for testing the gas distributed by the utility.

(3) Testing equipment shall be so located and used that the sample of gas tested shall typify the gas being distributed in the system.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.250
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0045 Heating Value

(1) Each gas utility shall file with the Commission, as part of its schedules of rates or rules and regulations, the average total heating value of the gas and the indicated maximum expected fluctuation above and below the average total heating value which may be expected of a gas supplied by it in each district, division, or community served.

(2) In maintaining the established heating value, the chemical composition, and specific gravity shall be such as to attain satisfactory combustion in the customer’s appliances at all times without repeated readjustment of the burners.

(3) When supplemental or substitute gas is distributed by a utility, the gas quality shall be such that the usage performance will be satisfactory, regardless of the heating value of the gas.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0050 Heating Value Tests — Records and Reports

(1) Each gas utility shall test the heating value of manufactured or mixed gas being furnished to the distribution system at least once a day except Sundays and holidays. Original test data shall be recorded on the gas utility’s standard forms and preserved for at least three years.

(2) Each gas utility supplying natural gas shall make sufficient tests, or have access to such tests made by its suppliers, to maintain the established heating value.

(3) These tests shall be made at a location, or locations, which will ensure a representative sampling of gas being sent out to the distribution systems. A monthly summary shall be made from these tests.

(4) The variation permitted from the established total heating value shall not exceed an amount consistent with normal satisfactory appliance operation.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)

Or. Admin. R. 860-023-0054 Retail Intrastate Toll Service Provider Service Standards

Every intrastate toll service provider must adhere to the following standards:

(1) Measurement and Reporting Requirement. Each intrastate toll service provider must take the measurements required by this rule and report them to the Commission as specified.

(2) Additional Reporting Requirements. The Commission may require a telecommunications carrier to provide additional reports on any item covered by this rule.

(3) Blocked Calls. An intrastate toll service provider must engineer and maintain all intraoffice, interoffice, and access trunking and associated switching components to allow completion of all properly dialed calls made during the average busy season busy hour without encountering blockage or equipment irregularities in excess of the Commission-approved service levels listed in subsection (b) of this section, or alternatively, provide the level of service specified by the intrastate toll service provider in accordance with ORS 759.020(6).

(a) Measurement:

(A) An intrastate toll service provider must collect traffic data; that is, peg counts and usage data generated by individual components of equipment or by the wire center as a whole, and calculate blockage levels of the interoffice final trunk groups;

(B) System blockage will be determined by special testing at the wire center. Commission Staff or a carrier technician will place test calls to a predetermined test number, and the total number of attempted calls and the number of completed calls will be counted. The percent of completion of the calls shall be calculated.

(b) Commission-Approved Service Level:

(A) An intrastate toll service provider must maintain interoffice final trunk groups to allow 99 percent completion of calls during the average busy season busy hour without blockage (P01 grade of service);

(B) An intrastate toll service provider must maintain its network operation so that 99 percent of the calls do not experience blockage during any normal busy hour. If a final trunk group provisioned by an intrastate toll service provider exceeds the blockage standard specified herein for four consecutive months, the trunk group will be considered in violation of this standard.

(c) Reporting Requirement: In accordance with ORS 759.020(6), each intrastate toll service provider must inform customers of the service level furnished by the carrier. Each provider must also identify the service level it plans to furnish in its annual report filed with the Commission. An intrastate toll service provider must file a switching system blockage report after a Commission-directed switching-system blockage test is completed.

(d) Retention Requirement: Each intrastate toll service provider must maintain records for one year.

(4) Special Service Lines. All special service access lines must meet the performance requirements specified in applicable intrastate toll service provider tariffs or contracts.

(5) An intrastate toll service provider connected to the facilities of other telecommunications carriers as defined in ORS 759.400(3) shall operate its system in a manner that will not impede a telecommunications carrier's or intrastate toll service provider's ability to meet required standards of service. A telecommunications carrier or intrastate toll service provider shall report interconnection operational problems promptly to the Commission.

(6) Remedies for Violation of This Standard:

(a) If a telecommunications carrier subject to this rule violates one or more of its service standards, the Commission must require the intrastate toll service provider to submit a plan for improving performance as provided in ORS 759.450(5). If an intrastate toll carrier does not meet the goals of its improvement plan within six months, or if the plan is disapproved by the Commission, penalties may be assessed in accordance with 759.450(5) through (7).

(b) In addition to the remedy provided under ORS 759.450(5), if the Commission believes that an intrastate toll service provider subject to this rule has violated one or more of its service standards, the Commission shall give the intrastate toll service provider notice and an opportunity to request a hearing. If the Commission finds a violation has occurred, the Commission may require the intrastate toll service provider to provide the following relief to the affected customers:

(A) Customer billing credits equal to the associated nonrecurring and recurring charges of the intrastate toll service provider for the affected service for the period of the violation; or

(B) Other relief authorized by Oregon law.

(7)(a) If the Commission determines that effective competition exists in one or more exchange, it may exempt all telecommunications carriers providing telecommunications services in those exchanges from the requirements of this rule, in whole or in part. In making this determination, the Commission must consider:

(A) The extent to which the service is available from alternative providers in the relevant exchange(s);

(B) The extent to which the services of alternative providers are functionally equivalent or substitutable at comparable rates, terms, and conditions;

(D) Market share and concentration;

(E) Price to cost ratios;

(F) Number of suppliers;

(G) Price demand side substitutability (for example, customer perceptions of competitors as viable alternatives); and

(H) Any other factors deemed relevant by the Commission.

(b) When a telecommunications carrier or intrastate toll service provider petitions the Commission for exemption under this provision, the Commission must provide notice of the petition to all relevant telecommunications carriers providing the applicable service(s) in the exchange(s) in question. Such notified telecommunications carriers will be provided an opportunity to submit comments in response to the petition. The comments may include requests that, following the Commission's analysis outlined above in Section (7)(a)(A) through (H), the commenting telecommunications carrier be exempt from these rules for the applicable service(s) in the relevant exchange(s).

(c) For purposes of this rule, if a final trunk group provisioned by an intrastate toll provider exceeds the blockage standard specified by the provider for four consecutive months, that trunk group will be considered in violation of the provider's service standard.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020, 759.030, 759.050 & 759.450
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 10-2006, f. & cert. ef. 10-12-06
PUC 9-2005, f. & cert .ef. 12-23-05

Or. Admin. R. 860-023-0055 Retail Telecommunications Service Standards for Large Telecommunications Utilities

Every large telecommunications utility must adhere to the following standards:

(1) Definitions.

(a) "Access Line" — A facility engineered with dialing capability to provide retail telecommunications service that connects a customer's service location to the Public Switched Telephone Network;

(b) "Average Busy Season Busy Hour" — The hour that has the highest average traffic for the three highest months, not necessarily consecutive, in a 12-month period. The busy hour traffic averaged across the busy season is termed the average busy season busy hour traffic;

(c) "Average Speed of Answer" — The average time that elapses between the time the call is directed to a representative and the time it is answered;

(d) "Blocked Call" — A properly dialed call that fails to complete to its intended destination except for a normal busy (60 interruptions per minute);

(e) "Customer" — Any person, firm, partnership, corporation, municipality, cooperative, organization, governmental agency, or other legal entity that has applied for, been accepted, and is currently receiving local exchange telecommunications service;

(f) "Exchange" — Geographic area defined by maps filed with and approved by the Commission for the provision of local exchange telecommunications service;

(g) "Final Trunk Group" — A last-choice trunk group that receives overflow traffic and that may receive first-route traffic for which there is no alternative route;

(h) "Force Majeure" — Circumstances beyond the reasonable control of a large telecommunications utility, including but not limited to, delays caused by:

(A) A vendor in the delivery of equipment, where the large telecommunications utility has made a timely order of equipment;

(B) Local, state, federal, or tribal government authorities in approving easements or access to rights of way, where the large telecommunications utility has made a timely application for such approval;

(C) The customer, including but not limited to, the customer's construction project or lack of facilities, or failure to provide access to the customer's premises;

(D) Uncontrollable events, such as explosion, fire, floods, frozen ground, tornadoes, severe weather, epidemics, injunctions, wars, acts of terrorism, strikes or work stoppages, and negligent or willful misconduct by customers or third parties, including but not limited to, outages originating from introduction of a virus onto the provider's network;

(i) "Held Order for Lack of Facilities" — Request for access line service delayed beyond the initial commitment date due to lack of facilities. An access line service order includes an order for new service, transferred service, additional lines, or change of service;

(j) "Initial Commitment Date" — The initial date pledged by the large telecommunications utility to provide a service, facility, or repair action. This date is within the minimum time set forth in these rules or a date determined by good faith negotiations between the customer and the large telecommunications utility;

(k) "Network Interface" — The point of interconnection between the large telecommunications utility's communications facilities and customer terminal equipment, protective apparatus, or wiring at a customer's premises. The network interface must be located on the customer's side of the large telecommunications utility's protector;

(l) "Retail Telecommunications Service" — A telecommunications service provided for a fee to customers. Retail telecommunications service does not include a service provided by a large telecommunications utility to another telecommunications utility or competitive telecommunications provider, unless the telecommunications utility or competitive telecommunications provider receiving the service is the end user of the service;

(m) "Tariff" — A schedule showing rates, tolls, and charges that the large telecommunications utility has established for a retail service;

(n) "Trouble Report" — A report of a malfunction that affects the functionality and reliability of retail telecommunications service on existing access lines, switching equipment, circuits, or features made up to and including the network interface, to a large telecommunications utility by or on behalf of that large telecommunications utility's customer;

(o) "Wire Center" — A facility where local telephone subscribers' access lines converge and are connected to switching equipment that provides access to the Public Switched Telephone Network, including remote switching units and host switching units. A wire center does not include collocation arrangements in a connecting large telecommunications utility's wire center or broadband hubs that have no switching equipment.

(2) Measurement and Reporting Requirements. A large telecommunications utility must take the measurements required by this rule and report them to the Commission as specified. Reported measurements must be reported to the first significant digit (i.e., one number should be reported to the right of the decimal point). The service quality objective service levels set forth in sections 4 through 8 of this rule apply only to normal operating conditions and do not establish a level of performance to be achieved during force majeure events.

(3) Additional Reporting Requirements. The Commission may require a large telecommunications utility to submit additional reports on any item covered by this rule.

(4) Provisioning and Held Orders for Lack of Facilities. The representative of the large telecommunications utility must give a retail customer an initial commitment date of not more than six business days after a request for access line service, unless a later date is determined through good faith negotiations between the customer and the large telecommunications utility. The large telecommunications utility may change the initial commitment date only if requested by the customer. When establishing the initial commitment date, the large telecommunications utility may take into account the actual time required for the customer to meet prerequisites; e.g., line extension charges or trench and conduit requirements. If a request for service becomes a held order for lack of facilities, the serving large telecommunications utility must, within five business days, send or otherwise provide the customer a written commitment to fill the order.

(a) Measurement:

(A) Commitments Met — A large telecommunications utility must calculate the monthly percentage of commitments met for service, based on the initial commitment date, across its Oregon service territory. Commitments missed for reasons solely attributed to customers, another telecommunications utility or a competitive telecommunications provider may be excluded from the calculation of the "commitments met" results;

(B) Held Orders for Lack of Facilities — A large telecommunications utility must determine the total monthly number of held orders, due to lack of facilities, not completed by the initial commitment date during the reporting month and the number of primary (initial access line) held orders, due to lack of facilities, over 30 days past the initial commitment date.

(b) Objective Service Level:

(A) Commitments Met — Each large telecommunications utility must meet at least 90 percent of its commitments for service;

(B) Held Orders:

(i) The number of held orders for the lack of facilities for each large telecommunications utility must not exceed the larger of two per wire center per month averaged over the large telecommunications utility's Oregon service territory, or five held orders for lack of facilities per 1,000 inward orders;

(ii) The total number of primary held orders for lack of facilities in excess of 30 days past the initial commitment date must not exceed 10 percent of the total monthly held orders for lack of facilities within the large telecommunications utility's Oregon service territory.

(c) Reporting Requirement: Each large telecommunications utility must report monthly to the Commission the percentage of commitments met for service, total number of held orders for lack of facilities, and the total number of primary held orders for lack of facilities over 30 days past the initial commitment date.

(d) Retention Requirement: Each large telecommunications utility must maintain records about held orders for lack of facilities for one year. The record must explain why each order is held and the initial commitment date.

(5) Trouble Reports. Each large telecommunications utility must maintain an accurate record of all reports of malfunction made by its customers.

(a) Measurement: A large telecommunications utility must determine the number of customer trouble reports that were received during the month. The large telecommunications utility must relate the count to the total working access lines within a reporting wire center. A large telecommunications utility need not report those trouble reports that were caused by circumstances beyond its control. The approved trouble report exclusions are:

(A) Cable Cuts: A large telecommunications utility may take an exclusion if the "buried cable location" (locate) was either not requested or was requested and was accurate. If a large telecommunications utility or the utility's contractor caused the cut, the exclusion can only be used if the locate was accurate and all general industry practices were followed;

(B) Internet Service Provider (ISP) Blockage: If an ISP does not have enough access trunks to handle peak traffic;

(C) Modem Speed Complaints: An exclusion may be taken if the copper cable loop is tested at the subscriber location and the objective service levels in section 10 of this rule were met;

(D) No Trouble Found: Where no trouble is found, one exemption may be taken. If a repeat report of the same trouble is received within a 30-day period, the repeat report and subsequent reports must be counted;

(E) New Feature or Service: Trouble reports related to a customer's unfamiliarity with the use or operation of a new (within 30 days) feature or service;

(F) No Access: An exclusion may be taken if a repair appointment was kept and the copper based access line at the nearest accessible terminal met the objective service levels in section 10 of this rule. If a repeat trouble report is received within the following 30-day period, the repeat report and subsequent reports must be counted;

(G) Subsequent Tickets/Same Trouble/Same Access Line: Only one trouble report for a specific complaint for the same access line should be counted within a 48-hour period. All repeat trouble reports after the 48-hour period must be counted;

(H) Non-Regulated or Deregulated Equipment: Trouble associated with such equipment should not be counted;

(I) Trouble with Other Telecommunications Utilities or Competitive Telecommunications Providers: A trouble report caused solely by another telecommunications utility or competitive telecommunications provider;

(J) Lightning Strikes: Trouble reports received for damage caused by lightning strikes can be excluded if all accepted grounding, bonding, and shielding practices were followed by the large telecommunications utility at the damaged location; and

(K) Other exclusions: As approved by the Commission.

(b) Objective Service Level: A large telecommunications utility must maintain service so that the monthly trouble report rate, after approved trouble report exclusions, does not exceed:

(A) For wire centers with more than 1,000 access lines: two per 100 working access lines per wire center more than three times during a sliding 12-month period.

(B) For wire centers with 1,000 or less access lines: three per 100 working access lines per wire center more than three times during a sliding 12-month period.

(A) The trouble report rate by wire center;

(B) The reason(s) a wire center meeting the standard (did not exceed the trouble report rate threshold for more than three of the last 12 months) exceeded a trouble report rate of 3.0 per 100 working access lines during the reporting month;

(C) The reason(s) a wire center not meeting the standard, after the exclusion adjustment, exceeded the trouble report rate threshold per 100 access lines during the reporting month; and

(D) The access line count for each wire center.

(d) Retention Requirement: Each large telecommunications utility must maintain a record of reported trouble in such a manner that it can be forwarded to the Commission upon the Commission's request. The large telecommunications utility must keep all records for a period of one year. The record of reported trouble must contain as a minimum the:

(A) Telephone number;

(B) Date and time received;

(D) Type of trouble reported;

(E) Location of trouble; and

(F) Whether or not the present trouble was within 30 days of a previous trouble report.

(6) Repair Clearing Time. This standard establishes the clearing time for all trouble reports from the time the customer reports the trouble to the large telecommunications utility until the trouble is resolved. The large telecommunications utility must provide each customer making a network trouble report with a commitment time when the large telecommunications utility will repair or resolve the problem.

(a) Measurement: A large telecommunications utility must calculate the percentage of trouble reports cleared within 48 hours of receiving a report for each repair center. Alternatively, the large telecommunication utility may use the following weekend exception to calculate the percentage for trouble reports cleared for those reports that are received between 12 pm on Friday until 5 pm on Sunday.

(A) The trouble reports cleared must be calculated for reports received between 12 pm Friday and 5 pm Saturday and cleared by 5 pm the following Monday for each repair center.

(B) The trouble reports cleared must be calculated for reports received between 5 pm Saturday and 5 pm Sunday and cleared by 5 pm the following Tuesday for each repair center.

Alternate weekend repair calculations must be aggregated into the calculation for the percentage of trouble reports cleared within 48 hours.

(b) Objective Service Level: A large telecommunications utility must clear at least 90 percent of all trouble reports within 48 hours of receiving a report for each repair center. Alternatively, for those reports that are received between 12 pm on Friday and 5 pm on Sunday, the large telecommunication utility may use the following weekend exception to calculate the percentage for trouble reports cleared:

(A) The large telecommunications utility must clear 90 percent of all trouble reports received between 12 pm Friday and 5 pm Saturday by 5 pm the following Monday for each repair center.

(B) The large telecommunications utility must clear 90 percent of all trouble reports received between 5 pm Saturday and 5 pm Sunday by 5 pm the following Tuesday for each repair center.

(c) Reporting Requirement: Each large telecommunications utility must report monthly to the Commission the percentage of all trouble reports cleared within 48 hours of receiving the report by each repair center, with optional adjustments allowed for weekend repair exceptions described in (b). A large telecommunications utility must use its best efforts to complete out-of-service restorations for business customers. In addition, a large telecommunications utility must use its best efforts to complete out-of-service restorations for residential customers who have identified either a medical necessity or no access to an alternative means of voice or E-911 communications.

(d) A large telecommunications utility must indicate in its report if it opts to use the alternative weekend exception period reporting.

(e) Retention Requirement: None.

(7) Blocked Calls. A large telecommunications utility must engineer and maintain all intraoffice, interoffice, and access trunking and associated switching components to allow completion of calls made during the average busy season busy hour without encountering blockage or equipment irregularities in excess of levels listed in subsection (7)(b) of this rule.

(a) Measurement:

(A) A large telecommunications utility must collect traffic data; i.e., peg counts and usage data generated by individual components of equipment or by the wire center as a whole, and calculate blockage levels of the interoffice final trunk groups;

(B) System blockage is determined by special testing at the wire center. Commission Staff or a telecommunications utility technician will place test calls to a predetermined test number, and the total number of attempted calls and the number of completed calls will be counted. The percentage of calls completed must be calculated.

(b) Objective Service Level:

(A) A large telecommunications utility must maintain interoffice final trunk groups to allow 99 percent completion of calls during the average busy season busy hour without blockage (P.01 grade of service);

(B) A large telecommunications utility must maintain its switch operation so that 99 percent of the calls do not experience blockage during the normal busy hour.

(C) When a large telecommunications utility fails to maintain the interoffice final trunk group P.01 grade of service for four or more consecutive months, it will be considered out-of-standard until the condition is resolved. A single repeat blockage within two months of restoring the P.01 grade of service will be considered a continuation of the original blockage.

(A) Local and extended area service (EAS) final trunk groups that do not meet the objective service level for trunk group blockage, measured from each of its switches, regardless of the ownership of the terminating switch;

(B) Its tandem switch final trunk group blockages associated with EAS traffic;

(D) Identity of the telecommunications utility or competitive telecommunications provider, if other than the reporting large telecommunications utility, responsible for maintaining those final trunk groups not meeting the standard.

(d) Retention Requirement: Each large telecommunications utility must maintain records for one year.

(8) Access to Large Telecommunications Utility Representatives. This rule sets the allowed time for large telecommunications utility business office or repair service center representatives to answer customer calls.

(a) Measurement:

(A) Direct Representative Answering: A large telecommunications utility must measure the answer time from the first ring at the large telecommunications utility business office or repair service center;

(B) Driven, Automated, or Interactive Answering System: The option of transferring to the large telecommunications utility representative must be included in the initial local service-screening message. The large telecommunications utility must measure the answering time from the point a call is directed to its representatives; e.g., when the call leaves the Voice Response Unit;

(i) The monthly percentage of the total calls placed to the business office and repair service center and the number of calls answered by representatives within 20 seconds; or

(ii) The average speed of answer time for the total calls received by the business office and repair service center.

(b) Objective Service Level:

(A) No more than 1 percent of calls to the large telecommunications utility business office or repair service center may encounter a busy signal; and

(B) The large telecommunications utility representatives must answer at least 80 percent of calls within 20 seconds or have an average speed of answer time of 50 seconds or less.

(A) Each large telecommunications utility must report monthly to the Commission an exception report if busy signals were encountered in excess of 1 percent for either the business office or repair service center; and

(B) Each large telecommunications utility must report monthly to the Commission the percentage of calls answered within 20 seconds or the average speed of answer time for both the business office and repair service center. Once a method of measurement is reported by the provider, that method can only be changed with permission of the Commission.

(d) Retention Requirement: None.

(9) Interruption of Service Notification. A large telecommunications utility must report significant outages that affect customer service. These interruptions could be caused by switch outage, electronic outage, cable cut, or construction.

(a) Measurement: A large telecommunications utility must notify the Commission when an interruption occurs that exceeds the following thresholds:

(A) Cable cuts, excluding service wires and wires placed in lieu of cable, or electronic outages lasting longer than 30 minutes and affecting 50 percent or more of in-service lines.

(B) Toll or Extended Area Service isolation lasting longer than 30 minutes and affecting 50 percent or more of in-service lines.

(C) Isolation of a central office (host or remote) from the E 9-1-1 emergency dialing code or isolation of a Public Safety Answering Position (PSAP).

(D) Isolation of a wire center for more than 15 minutes.

(E) Outage of the business office or repair center access system lasting longer than 15 minutes in those instances where the traffic cannot be re-routed to a different center.

(b) Objective Service Level: Not applicable.

(c) Reporting Requirement: A large telecommunications utility must report service interruptions to the Commission engineering staff by telephone, by facsimile, by electronic mail, or personally within two hours during normal work hours of the business day after the company becomes aware of such interruption of service. Interim reports will be given to the Commission as significant information changes (e.g., estimated time to restore, estimated impact to customers, cause of the interruption, etc.) until it is reported that the affected service is restored.

(d) Retention Requirement: None.

(10) Customer Access Line Testing. All customer access lines must be designed, installed, and maintained to meet the levels in subsection (b) of this section.

(a) Measurement: Each large telecommunications utility must make all loop parameter measurements at the network interface, or as close as access allows.

(b) Objective Service Level: Each access line must meet the following levels:

(A) Loop Current: The serving wire center loop current, when terminated into a 400-ohm load, must be at least 20 milliamperes;

(B) Loop Loss: The maximum loop loss, as measured with a 1004-hertz tone from the serving wire center, must not exceed 8.5 decibels (dB);

(C) Metallic Noise: The maximum metallic noise level, as measured on a quiet line from the serving wire center, must not exceed 20 decibels above referenced noise level — C message weighting (dBrnC);

(D) Power Influence: As a goal, power influence, as measured on a quiet line from the serving wire center, must not exceed 80 dBrnC.

(c) Reporting Requirement: A large telecommunications utility must report measurement readings as directed by the Commission.

(d) Retention Requirement: None.

(11) Customer Access Lines and Wire Center Switching Equipment. All combinations of access lines and wire center switching equipment must be capable of accepting and correctly processing at least the following network control signals from the customer premises equipment. The wire center must provide dial tone and maintain an actual measured loss between interoffice and access trunk groups.

(a) Measurement: Each large telecommunications utility must make measurements at or to the serving wire center.

(b) Objective Service Level:

(A) Dial Tone Speed. Ninety-eight percent of originating average busy hour call attempts must receive dial tone within three seconds;

(B) A large telecommunications utility must maintain all interoffice and access trunk groups so that the actual measured loss (AML) in no more than 30 percent of the trunks deviates from the expected measured loss (EML) by more than 0.7 dB and no more than 4.5 percent of the trunks deviates from EML by more than 1.7 dB.

(d) Retention Requirement: None.

(12) Special Service Access Lines. All special service access lines must meet the performance requirements specified in applicable large telecommunications utility tariffs or contracts.

(13) Large Telecommunications Utility Interconnectivity. A large telecommunications utility connected to the facilities of another telecommunications utility or competitive telecommunications provider must operate its system in a manner that will not impede either company's ability to meet required standards of service. A large telecommunications utility must report interconnection operational problems promptly to the Commission.

(14) Remedies for Violation of This Standard.

(a) If a large telecommunications utility subject to this rule fails to meet a minimum service quality standard, the Commission must require the large telecommunications utility to submit a plan for improving performance as provided in ORS 759.450(5). If a large telecommunications utility does not meet the goals of its improvement plan within six months, or if the plan is disapproved by the Commission, the Commission may assess penalties in accordance with ORS 759.450(5) through (7).

(b) In addition to the remedy provided under ORS 759.450(5), if the Commission believes that a large telecommunications utility subject to this rule has violated one or more of its service standards, the Commission must give the large telecommunications utility notice and an opportunity to request a hearing. If the Commission finds a violation has occurred, the Commission may require the large telecommunications utility to provide the following relief to the affected customers:

(A) An alternative means of telecommunications service for violations of paragraph (4)(b)(B) of this rule;

(B) Customer billing credits equal to the associated non-recurring and recurring charges of the large telecommunications utility for the affected service for the period of the violation; and

(15)(a) If the Commission determines that effective competition exists in one or more exchange(s), it may exempt all telecommunications utilities and competitive telecommunications providers providing telecommunications services in the exchange(s) from the requirements of this rule, in whole or in part. In making this determination, the Commission will consider:

(A) The extent to which the service is available from alternative providers in the relevant exchange(s);

(B) The extent to which the services of alternative providers are functionally equivalent or substitutable at comparable rates, terms, and conditions;

(D) Market share and concentration;

(E) Number of suppliers;

(F) Price to cost ratios;

(G) Demand side substitutability (e.g., customer perceptions of competitors as viable alternatives); and

(H) Any other factors deemed relevant by the Commission.

(b) When a large telecommunications utility petitions the Commission for exemption under this provision, the Commission must provide notice of the petition to all relevant telecommunications utilities and competitive telecommunications providers providing the applicable service(s) in the exchange(s) in question. The Commission will provide such notified telecommunications utilities and competitive telecommunications providers an opportunity to submit comments in response to the petition. The comments may include requests that, following the Commission's analysis outlined above in paragraphs (15)(a)(A) through (H), the commenting telecommunications utilities and competitive telecommunications providers be exempt from these rules for the applicable service(s) in the relevant exchange(s).

(c) The Commission may grant a large telecommunications utility's petition for an exemption from service quality reporting requirements if the large telecommunications utility meets all service quality objective service levels set forth in sections (4) through (8) of this rule for the 12 months prior to the month in which the petition is filed.

[Publications: Publications referenced are available from the agency]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: 759.020, 759.035, 759.030, 759.050, 759.240 & 759.450
PUC 2-2014, f. & cert. ef. 1-22-14
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 10-2005, f. & cert. ef. 12-27-05
PUC 7-2002, f. & cert. ef. 2-26-02
PUC 13-2001, f. & cert. ef. 5-25-01
PUC 13-2000, f. & cert. ef. 6-9-00
PUC 1-1997, f. & ef. 1-7-97 (Order No. 96-332)
PUC 23-1985, f. & ef. 12-11-85 (Order No. 85-1171)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-023-0081 Definitions and Terms for Electric Service Reliability

(1) Effective beginning January 1, 2012, the definitions in IEEE 1366, as defined in subsection (2)(b) of this rule, are adopted unless otherwise expressly modified by this rule. If there is a conflict between the definitions in IEEE 1366 and this rule, the definitions in this rule govern.

(2) The following definitions apply to the Electric Service Reliability Rules, OAR 860-023-0081 through 860-023-0161:

(a) "Electric company" means a public utility, as defined in ORS 757.005, that supplies electricity.

(b) “IEEE 1366” means the Institute of Electrical Electronic Engineers (IEEE) Standard 1366 entitled “IEEE Guide for Electric Power Distribution Reliability Indices” (the 2012 edition), approved on May 14, 2012 by IEEE-SA Standards Board.

(c) “Loss of Supply — Substation” or “Power Supply — Substation” means an interruption cause category related to an outage of a distribution substation component.

(d) “Loss of Supply — Transmission” or “Power Supply — Transmission” means an interruption cause category related to the interruption of the electrical supply by the electric company’s transmission system or by another electrical utility or operator.

(e) “Reliability reporting area” means a grouping of one or more operating areas, for which the electric company calculates major event thresholds.

(f) “Reporting Period” means the 12-month period, based on a calendar year, for which the electric company is reporting reliability performance.

(g) "System-wide" means pertaining to and limited to the electric company's customers in Oregon.

(3) For reference only, some IEEE 1366 acronyms or terms commonly used in OAR 860-023-0081 through 860-023-0161 are repeated herein. (Note - refer to exact definitions and calculation methodologies in IEEE 1366.)

(a) "CAIDI" means customer average interruption duration index.

(b) “Customer” means a metered electrical service point for which an active bill account is established at a specific location (e.g., premise).

(c) “Interruption” means the loss of service to one or more customers connected to the distribution portion of the system. It is the result of one or more component outages, depending on system configuration.

(d) "MAIFIE" means momentary average interruption event frequency index. (Note -This index does not include events immediately preceding a lockout.)

(e) “SAIDI" means system average interruption duration index.

(f) “SAIFI" means system average interruption frequency index.

(g) “Major Event” designates an event that exceeds the reasonable design and or operational limits of the electric power system. A major event includes at least one Major Event Day (MED).

(h) “Major Event Day” or “MED” means a day in which the daily system SAIDI exceeds a threshold value, TMED. For the purposes of calculating daily system SAIDI, any interruption that spans multiple calendar days is accrued to the day on which the interruption began. Statistically, days having a daily system SAIDI greater than TMED are days on which the energy delivery system experienced stresses beyond that normally expected (such as severe weather). Activities that occur on major event days should be separately analyzed and reported.

(i) “TMED” means a major event day identification threshold value.

[Publications: Publications referenced in this rule are available for review at the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.020
PUC 2-2015, f. & cert. ef. 6-9-15
PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

Or. Admin. R. 860-023-0084 General Provisions and Applicability of Electric Service Reliability Rules

(1) Unless otherwise noted, OAR 860-023-0081 through 860-023-0161 apply to every electric company, effective beginning January 1, 2012.

(2) A person may apply for waiver of any provision of the Electric Service Reliability Rules. The Commission may grant a waiver upon showing of good cause.

(3) An electric company must comply with IEEE 1366 in the collecting and analyzing of interruption data and in the calculation and reporting of reliability indices as required by Electric Service Reliability Rules. If there is a conflict between any provision in IEEE 1366 and the Electric Service Reliability Rules, OAR 860-023-0081 through 860-023-0161 govern.

(4) An electric company must include both “distribution system” interruptions and “interruptions caused by events outside of the distribution system” as defined in IEEE 1366 in the electric company’s record keeping, calculations, reporting, and filing as required by OAR 860-023-0081 through 860-023-0161, effective beginning January 1, 2012.

[Publications: Publications referenced in this rule are available for review at the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.020
PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

Or. Admin. R. 860-023-0091 Electric Service Continuity

(1) An electric company must use reasonable means in design, operation, and maintenance to ensure reliable service to each customer. Such means include, but are not limited to, programs to minimize service interruptions.

(2) An electric company must have documented programs to maintain appropriate reliability levels.

(3) When an interruption occurs, each electric company must reestablish service with the shortest possible delay consistent with the safety of its employees, customers, and the public.

(4) An electric company must have recordkeeping systems in place to determine, and track interruptions, facilitate interruption restoration, and collect and analyze interruption data.

(5) This rule is effective beginning January 1, 2012.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.020
PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

Or. Admin. R. 860-023-0101 Electric Interruption Records

(1) Except as provided in sections (3) and (4) of this rule, an electric company must keep an accurate record of each interruption of service that affects one or more customers. Each record must contain at least the following information:

(a) The operating area where the interruption occurred;

(b) The name of the substation involved;

(d) The date and time the interruption occurred (if the exact time is unknown, the beginning of an interruption is recorded as the earlier of an automatic alarm or the reported initiation time);

(e) The date and time service was restored;

(f) The number of customers affected by the interruption;

(g) The cause of the interruption;

(h) The protective device that made the interruption; and

(i) The element involved (e.g., transmission, distribution substation, overhead primary main, underground primary main, transformer, etc.).

(2) For an interruption after which customers are not simultaneously restored, an electric company must keep records that document the step-restoration operations.

(3) For major events after which an electric company cannot obtain accurate data, the electric company must make reasonable estimates.

(4) For momentary interruptions and momentary interruption events, the company must collect as much information as is reasonable, given the equipment and systems available to identify and record such events.

(5) An electric company must retain for at least seven full calendar years the records associated with sections (1) through (2) of this rule.

(6) This rule is effective beginning January 1, 2012.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.020
PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

Or. Admin. R. 860-023-0111 Electric Reliability Calculations

(1) Using records collected per OAR 860-023-0101, each electric company must perform annual reliability index calculations required by this rule in compliance with IEEE 1366. Each electric company must report the results of the calculations in the company’s annual report as set forth in 860-023-0151 and in the company’s major event filings as set forth in 860-023-0161.

(2) After December 31 of each year an electric company must calculate the SAIDI, SAIFI, and MAIFIE indices for the previous reporting period. These indices are to be calculated both with all interruptions included and separately with major event interruptions excluded:

(a) On a system-wide basis;

(b) For each reliability reporting area; and

(3) If an electric company estimates or uses factors in calculating actual CAIDI, SAIDI, SAIFI, or MAIFIE indices in sections (1) or (2) of this rule, the company must summarize the estimation methodologies in the company’s annual report, as set forth in OAR 860-023-0151.

(4) This rule is effective beginning January 1, 2012.

[Publications: Publications referenced in this rule are available for review at the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.020
PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

Or. Admin. R. 860-023-0131 Customer Inquiries about Electric Reliability

(1) A customer may request a report from an electric company about the service reliability provided to the customer's own meter. Within 20 business days, the electric company must supply the report to the customer at no cost. However, if a customer requests an additional reliability report for the same meter within one year of the date of the first request, the electric company may charge the customer the actual cost for the report.

(2) The report must include:

(a) The name of the customer;

(b) The date of the request;

(d) The meter number involved;

(e) The circuit involved; and

(f) A chronological listing, covering at least the 36 months preceding the date of the request, of all interruption data as required by OAR 860-023-0101 affecting the customer's meter.

(3) This rule is effective beginning January 1, 2012.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.020
PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

Or. Admin. R. 860-023-0151 Annual Report on Electric Reliability

(1) On or before May 1 of each year, an electric company must file with the Commission a report that includes the information set forth in section (2) of this rule for the reporting period. The electric company must file the report in electronic form. The electric company must make electronic copies of the report available to the public upon request. For paper copies requested by the public, the electric company may charge a reasonable cost for production of the copy.

(2) The annual Electric Service Reliability Report must contain:

(a) The results of the calculated SAIDI, SAIFI, and MAIFIE indices required by OAR 860-023-0111. The electric company must also report this information on a system-wide basis compared with the previous four years’ performance, and on a reliability reporting area basis compared with the previous four years’ performance.

(b) A summary of system-wide and reliability reporting area sustained interruption causes compared to the previous four-year performance. Cause categories to be evaluated include:

(A) Loss of Supply — Transmission;

(B) Loss of Supply — Substation;

(D) Distribution — Lightning;

(E) Distribution — Planned;

(F) Distribution — Public;

(G) Distribution — Vegetation;

(H) Distribution — Weather (other than lightning);

(I) Distribution — Wildlife;

(J) Distribution — Unknown; and

(K) Distribution — Other.

(c) A listing of the Major Events experienced during the reporting period, including reliability reporting area involved; operating areas involved; dates involved; TMED applied; interruption causes; and SAIDI, SAIFI, and CAIDI impacts to customers for the Event on both a reliability reporting area basis and a system-wide basis.

(d) A listing of the TMED values that will be used for each reliability reporting area for the forthcoming annual reporting period compared with the previous four years of TMED values.

(e) A summary of the characteristics of the systems covered under OAR 860-023-0091(4) and estimation methodologies covered by OAR 860-023-0101(3) and 860-023-0111(3) for the collection of interruption data, calculation of reliability information, and facilitation of interruption restoration and mitigation.

(f) A summary addressing the changes that the electric company has made or will make in the collection of data and the calculation, estimation, and reporting of reliability information. The electric company must explain why the changes occurred and explain how the change affects the comparison of newer and older information.

(g) A map showing the reliability reporting areas and operating- areas.

(h) A listing of circuits by reliability reporting area and substation, indicating circuit voltage and number of customers connected.

(3) This rule is effective beginning January 1, 2012.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.020
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

Or. Admin. R. 860-023-0161 Major Event Filing by Electric Companies

For any major event for which the CAIDI for the reliability reporting area exceeds five hours, the electric company must submit a report to the Commission within 30 business days after the conclusion of the event that includes:

(1) A description of the major event, the interruption causes, and factors that impacted restoration of service;

(2) The reliability reporting area and geographic area impacted;

(3) The total number of customers affected and the number of customers without service at periodic intervals; and

(4) The calculated SAIDI, SAIFI and CAIDI impacts (i.e., “Event SAIDI, SAIFI, and CAIDI”) associated with the Major Event to customers on a reliability reporting area and a system-wide basis.

(5) This rule is effective beginning January 1, 2012.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.020
PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

Division 24 SAFETY STANDARDS

Or. Admin. R. 860-024-0000 Applicability of Division 24

(1) Unless otherwise noted, the rules in this division apply to every Operator, as defined in OAR 860-024-0001.

(2) Upon request or its own motion, the Commission may waive any of the division 24 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.039, 757.649, 759.030, 759.040 & 759.045
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 14-2000, f. & cert. ef. 8-23-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 14-1997, f. & cert. ef. 11-20-97
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-024-0001 Definitions for Safety Standards

For purposes of this Division, except when a different scope is explicitly stated:

(1) “Commission Safety Rules,” as used in this section, mean the National Electric Safety Code (NESC), as modified or supplemented by the rules in OAR chapter 860, division 024.

(2) “Facility” means any of the following lines or pipelines including associated plant, systems, supporting and containing structures, equipment, apparatus, or appurtenances:

(a) A gas pipeline subject to ORS 757.039;

(b) A power line or electric supply line subject to ORS 757.035; or

(3) “Good Utility Practice” means a practice, method, policy, or action engaged in or accepted by a significant portion of the electric industry in a region, which a reasonable utility official would expect, in light of the facts reasonably discernable at the time and given applicable local conditions, to accomplish the desired result reliably, safely and expeditiously.

(4) “Government entity” means a city, a county, a municipality, the state, or other political subdivision within Oregon.

(5) "High Fire Risk Zones"or “HFRZ” are geographic areas identified by Operators of electric facilities in their risk-based wildfire plans.

(6) "HFRZ Ignition Prevention Inspection” means an inspection that identifies potential sources of electrical ignition on any utility pole, structure, duct, or conduit owned by either the Owner or an Occupant in a High Fire Risk Zone. The inspection can be combined with other safety or detailed inspections as required by rule.

(7) “Material violation” means a violation that:

(a) Is reasonably expected to endanger life or property; or

(b) Poses a significant safety risk to any Operator’s employees or a potential risk to the general public.

(8) "Occupant" means any licensee, Government Entity, or other entity that constructs, operates, or maintains attachments on poles, structures or within conduits.

(9) “Operator” means every person as defined in ORS 756.010, public utility as defined in ORS 757.005, electricity service supplier as defined in OAR 860-038-0005, telecommunications utility as defined in ORS 759.005, telecommunications carrier as defined in ORS 759.400, telecommunications provider as defined in OAR 860-032-0001, consumer-owned utility as defined in ORS 757.270, cable Operator as defined in ORS 30.192, association, cooperative, or government entity and their agents, lessees, or acting trustees or receivers, appointed by court, engaged in the management, operation, ownership, or control of any facility within Oregon.

(10) "Owner" means a public utility, telecommunications utility, or consumer-owned utility that owns or controls poles, structures, ducts, conduits, right of way, manholes, handholes or other similar facilities.

(11) “Pattern of non-compliance” means a course of behavior that results in frequent, material violations of the Commission Safety Rules.

(12) “Reporting Operator” means an Operator that:

(a) Serves 20 customers or more within Oregon; or

(b) Is an electricity service supplier as defined in OAR 860-038-0005 and serves more than one retail electricity customer.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 757.035, ORS 757.039, ORS 757.649, ORS 758.215, ORS 759.005 & ORS 759.045
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 9-2006, f. & cert. ef. 9-28-06
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102)

Or. Admin. R. 860-024-0005 Maps and Records

(1) Each utility shall keep on file current maps and records of the entire plant showing size, location, character, and date of installation of major plant items.

(2) Upon request, each utility shall file with the Commission an adequate description or maps to define the territory served. Maps must include all recently identified High Fire Risk Zones. All maps and records which the Commission may require the utility to file shall be in a form satisfactory to the Commission Staff.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.020
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-024-0007 Location of Underground Facilities

An Operator and its customers shall comply with requirements of OAR chapter 952 regarding the prevention of damage to underground facilities.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 757.542 - 757.562, ORS 757.649 & ORS 759.045
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 12-1999, f. & cert. ef. 11-18-99
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 5-1988, f. & cert. ef. 3-8-88 (Order No. 88-244)

Or. Admin. R. 860-024-0010 Construction, Operation, and Maintenance of Electrical Supply and Communication Lines

Every Operator shall construct, operate, and maintain electrical supply and communication lines in compliance with the standards prescribed by the 2023 Edition of the National Electrical Safety Code approved April 25, 2022, by the American National Standards Institute.

[Publications: Publications referenced are available for review from the Commission.]

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 757.035
PUC 6-2023, amend filed 06/05/2023, effective 06/05/2023
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 3-2017, f. & cert. ef. 2-21-17
PUC 2-2012, f. & cert. ef. 3-9-12
PUC 5-2008, f. & cert. ef. 12-29-08
PUC 6-2007, f. & cert .ef. 5-14-07
PUC 9-2002, f. & cert. ef. 2-26-02
PUC 7-1997, f. & cert. ef. 2-6-97
PUC 13-1994, f. & cert. ef. 8-31-94 (Order No. 94-1243)
PUC 11-1993, f. & cert. ef. 6-23-93 (Order No. 93-809
PUC 6-1990, f. & cert. ef. 5-25-90 (Order No. 90-833)
PUC 11-1987, f. & ef. 10-8-87 (Order No. 87-861)
PUC 12-1984, f. & ef. 6-5-84 (Order No. 84-424)
PUC 3-1981, f. & ef. 6-4-81 (Order No. 81-361)
PUC 1-1978, f. 1-13-78, ef. 2-13-78 (Order No. 78-076)
PUC 173, f. & ef. 1-14-76 (Order No. 76-037)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-024-0011 Inspections of Electric Supply and Communication Facilities

(1) An Operator of electric supply facilities or an Operator of communication facilities must:

(a) Construct, operate, and maintain its facilities in compliance with the Commission Safety Rules; and

(b) Conduct detailed inspections of its overhead facilities to identify violations of the Commission Safety Rules.

(A) The maximum interval between detailed inspections is ten years, with a recommended inspection rate of ten percent of overhead facilities per year. During the fifth year of the inspection cycle, the Operator must:

(i) Report to the Commission that 50 percent or more of its total facilities have been inspected pursuant to this rule; or

(ii) Report to the Commission that less than 50 percent of its total facilities have been inspected pursuant to this rule and provide a plan for Commission approval to inspect the remaining percentage within the next five years. The Commission may modify the plan or impose conditions to ensure sufficient inspection for safety purposes.

(B) Detailed inspections include, but are not limited to, visual checks, pole test and treat programs (only required for pole Owners) or practical tests of all facilities, to the extent required to identify violations of Commission Safety Rules. Where facilities are exposed to extraordinary conditions (including High Fires Risk Zones) or when an Operator has demonstrated a pattern of non-compliance with Commission Safety Rules, the Commission may require a shorter interval between inspections.

(c) Conduct detailed facility inspections of its underground facilities on a ten-year maximum cycle, with a recommended inspection rate of 10 percent of underground facilities per year.

(d) Maintain adequate written records of policies, plans and schedules to show that inspections and corrections are being carried out in compliance with this rule and OAR 860-024-0012. Each Operator must make these records available to the Commission upon its request.

(2) Each Operator of electric supply facilities must:

(a) Designate an annual geographic area (including High Fire Risk Zones if identified by Operators of electric supply facilities) to be inspected pursuant to subsection (1)(b) of this rule within its service territory;

(b) Provide timely notice of the designation of the annual geographic area to all Owners and Occupants. The annual coverage areas for the entire program must be made available in advance and in sufficient detail to allow all Operators with facilities in that service territory to plan needed inspection and correction tasks. Unless the parties otherwise agree, Operators must be notified of any changes to the established annual geographic area designation no later than 12 months before the start of the next year’s inspection. For High Fire Risk Zones, Operators must be notified of any changes to the designation of a High Fire Risk Zone no later than 60 days before the start of the year's inspection; and

(c) Perform routine safety patrols of overhead electric supply lines and accessible facilities for hazards consistent with Good Utility Practice and of detection quality materially equivalent to onsite inspection. The maximum interval between safety patrols is two years, with a recommended rate of 50 percent of lines and facilities per year.

(d) Inspect electric supply stations on a 45 day maximum schedule.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 757.035
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 9-2006, f. & cert. ef. 9-28-06

Or. Admin. R. 860-024-0012 Prioritization of Repairs by Operators of Electric Supply Facilities and Operators of Communication Facilities

(1) A violation of the Commission Safety Rules that poses an imminent danger to life or property must be repaired, disconnected, or isolated by the Operator immediately after discovery.

(2) Except as otherwise provided by this rule, the Operator must correct violations of Commission Safety Rules no later than two years after discovery.

(3) An Operator may elect to defer correction of violations of the Commission Safety Rules that pose little or no foreseeable risk of danger to life or property to correction during the next major work activity.

(a) In no event shall a deferral under this section extend for more than ten years after discovery.

(b) The Operator must develop a plan detailing how it will remedy each such violation.

(c) If more than one Operator is affected by the deferral, all affected operators must agree to the plan. If any affected operators do not agree to the plan, the correction of violation(s) may not be deferred.

(4) After December 31, 2027, the only allowable conditions for deferrals as set forth in section (3) are as follows: repairs that accommodate schedules for permitting issues, repairs impacted by planned public works projects, and/or repairs that cannot be performed within the two-year correction timeframe due to circumstances outside the Operator’s reasonable control. Plans for correction for deferrals due to these conditions must be submitted to Commission Staff for review and tracking.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 757.035
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 9-2006, f. & cert. ef. 9-28-06

Or. Admin. R. 860-024-0015 Ground Return

Every Operator with either alternating or direct current power lines or equipment within Oregon may use a connection to ground only for protection purposes. A ground connection shall not be used for the purpose of providing a return conductor for power purposes.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 757.035, ORS 757.649 & ORS 759.045
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-024-0016 Minimum Vegetation Clearance Requirements

(1) For purposes of this rule:

(a) "Cycle Buster" means vegetation that will not make it through the routine trim cycle without encroaching on the required minimum clearances and, therefore require pruning midterm before the routine cycle is completed.

(b) “Readily climbable” means vegetation having both of the following characteristics:

(A) Low limbs, accessible from the ground and sufficiently close together so that the vegetation can be climbed by a child or average person without using a ladder or other special equipment; and

(B) A main stem or major branch that would support a child or average person either within arms’ reach of an uninsulated energized electric line or within such proximity to the electric line that the climber could be injured by direct or indirect contact with the line.

(d) “Volts” means nominal voltage levels, measured phase-to-phase.

(2) The requirements in this rule provide the minimum standards for conductor clearances from vegetation to provide safety for the public and utility workers, reasonable service continuity, and fire prevention. Each Operator of electric supply facilities must have a vegetation management program and keep appropriate records to ensure that timely trimming is accomplished to keep the designated minimum clearances in section (4) below. These records must be made available to the Commission upon request. If clearances are not being maintained, the Commission may require the Operator to implement an alternative vegetation management program and/or specific trim cycles.

(3) Each Operator of electric supply facilities must trim or remove readily climbable vegetation as specified in section (4) of this rule to minimize the likelihood of direct or indirect access to a high voltage conductor by a member of the public or any unauthorized person..

(4) Under reasonably anticipated operational conditions, an Operator of electric supply facilities must maintain the following minimum clearances of vegetation from conductors:

(a) Ten feet for conductors energized above 200,000 volts.

(b) Seven and one-half feet for conductors energized at 50,001 through 200,000 volts.

(A) Clearances may be reduced to three feet if the vegetation is not readily climbable.

(B) Intrusion of limited small branches and new tree growth into this minimum clearance area is acceptable provided the vegetation does not come closer than six inches to the conductor.

(5) For conductors energized below 600 volts, an Operator of electric supply facilities must trim vegetation to prevent it from causing strain or abrasion on electric conductors. Where trimming or removal of vegetation is not practical, the Operator of electric supply facilities must install suitable material or devices to avoid insulation damage by abrasion.

(6) In determining the extent of trimming or vegetation removal required to maintain the clearances required in section (4) of this rule, the Operator of electric supply facilities must consider at minimum the following factors for each conductor:

(a) Voltage;

(b) Location;

(d) Sag of conductors at elevated temperatures and under wind and ice loading; and

(e) Growth habit, strength, and health of vegetation (including rates of tree mortality) growing adjacent to the conductor, with the combined displacement of the vegetation, supporting structures, and conductors under adverse weather or routine wind conditions; and

(f) The amount of trimming or vegetation removal required to minimize Cycle Buster vegetation interference of energized conductors.

(7) Each Operator of communications facilities must ensure vegetation around communications lines do not pose a foreseeable danger to the pole or electric supply Operator's facilities.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 757.035 & ORS 758.280 - 758.286
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 5-2007, f. & cert .ef. 5-14-07
PUC 9-2006, f. & cert. ef. 9-28-06

Or. Admin. R. 860-024-0017 Vegetation Pruning Standards

An Operator that is an electric utility as defined in ORS 758.505 must perform tree and vegetation work associated with line clearance in compliance with the American National Standard for Tree Care Operations, ANSI A300 (Part 1) 2008 Pruning, approved 2017, by the American National Standards Institute.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS Ch. 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 757.035 & ORS 758.280-758.286
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 9-2014, f. & cert. ef. 12-16-14
PUC 16-2002, f. & cert. ef. 6-14-02

Or. Admin. R. 860-024-0018 High Fire Risk Zone Safety Standards

(1) Operators of electric facilities must, in High Fire Risk Zones, remove or de-energize permanently out of service or abandoned electrical equipment as determined by the Operator during fire season.

(2) Utility supply conductors shall not be attached to trees and should only be attached to poles and structures designed to meet the strength and loading requirements of the National Electrical Safety Code. This section does not apply to customer-supplied equipment at the point of delivery. Compliance with this section must be achieved prior to December 31, 2027.

(3) In addition to the requirements set forth in OAR 860-024-0011, Operators of electric facilities in High Fire Risk Zones must:

(a) Conduct HFRZ Ignition Prevention Inspections that follow Good Utility Practice as required to mitigate fire risk; and

(b) For transmission systems energized at or above 50,001 volts, perform and document HFRZ Ignition Prevention Inspections that may include, but are not limited to, onsite climbing, drone or high-powered spotting scope to identify structural and conductor defects, as well as violations of Commission Safety Rules and other circumstances that could lead to electrical ignition. Inspections must include an in-person component except and to the extent remote technology can conduct an equivalent or enhanced inspection.

(4) In addition to the requirements set forth in OAR 860-024-0011, Public Utility Operators of electric facilities must conduct annual fire season “safety patrols” in High Fire Risk Zones. Public Utility Operators of electric facilities shall perform and document fire safety patrols of overhead electric supply lines and accessible facilities for potential fire risks, including but not limited to, off right of way hazard trees, status of existing right-of-way access for first responders, seasonal vegetation damage, vegetation Cycle Buster clearance conditions as defined in OAR 860-024-0016(1)(a), potential equipment failures, and deteriorated supply or communication facilities.

(5) A violation of Commission Safety Rules which poses a risk of fire ignition identified by an HFRZ Ignition Prevention Inspection or safety patrol in an HFRZ shall be subject to the following correction timeframes:

(a) Any violation that poses imminent danger to life or property must be repaired, disconnected, or isolated by the Operator immediately after discovery. If in doing so, the Operator disconnected or isolated equipment belonging to a third-party, the Operator will notify the equipment Owner as soon as practicable.

(b) Any violation which correlates to a heightened risk of fire ignition shall be corrected no later than 180 days after discovery unless an occupant receives notification under OAR 860-028-0120(6) that the violation must be corrected in less than 180 days to alleviate a significant safety risk to any operator’s employees or a potential risk to the general public.

(c) All other violations requiring correction under section 2 of OAR 860-024-0012 shall be corrected consistent with OAR 860-024-0012.

(6) If an Operator of electric facilities discovers a violation identified in an HFRZ that correlates to a heightened wildfire risk, notice shall be provided to the pole owner or equipment owner within 15 days of discovering the violation. That notice shall state that the violation must be repaired within the time frame set out in these rules; that time frame will begin on the day the violation was discovered or 15 days before the notice was sent, whichever is later.

(7) If the pole owner or equipment owner does not replace the reject pole or repair the equipment within the timeframe set forth in the notice, then the Operator of electric facilities may repair the equipment or replace the pole and seek reimbursement of all work related to correction or replacement of the reject pole or equipment including, but not limited to, administrative and labor costs related to the inspection, permitting, and replacement of the reject pole. The Operator of electric facilities is also authorized to charge the pole owner or equipment owner a replacement fee of 25 percent of the total amount of work.

(8) If the Operator of electric facilities does not repair equipment as permitted under section (7) of this rule, the operator must pursue a remedy under Oregon law, contract, or through a Complaint before the Commission as specified in OAR 860-024-0061. Nothing in this provision precludes the Operator of electric facilities from pursuing remedies through multiple forums. This section does not preclude an Operator, Owner or Occupant from exercising any other rights or remedies afforded by Oregon Law or contract.

(9) If an Operator of electric facilities discovers a violation in a HFRZ that correlates to a heightened wildfire risk and is unable after good faith efforts to ascertain pole or equipment ownership or to contact that owner; or if that pole or equipment owner is no longer financially solvent and is without a legally responsible successor, then it is the obligation of the Operator to remove that equipment or otherwise remedy the condition correlating to a heightened risk of ignition. An electric utility or telecommunications utility Operator may recover the prudently incurred costs of any actions performed pursuant to this section in its rates.

(10) Nothing in this rule is intended to alter liability under existing law or under provisions contained in existing contractual arrangements between Owners, Occupants, and Operators.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 757.035 & ORS 758.280 - 758.286
PUC 6-2022, adopt filed 09/22/2022, effective 09/22/2022

Or. Admin. R. 860-024-0020 Gas Pipeline Safety

Every gas Operator must construct, operate, and maintain natural gas and other gas facilities in compliance with the standards prescribed by:

(1) 49 CFR, Part 191, and amendments through No. 31 — Transportation of Natural and Other Gas by Pipeline; Annual Reports and Incident Reports in effect on May 17, 2022.

(2) 49 CFR, Part 192, and amendments through No. 134 — Transportation of Natural and Other Gas by Pipeline; Minimum Safety Standards in effect on August 1, 2023.

(3) 49 CFR, Part 199, and amendments — Control of Drug and Alcohol Use in Natural Gas, Liquefied Natural Gas, and Hazardous Liquid Pipeline Operations in effect on April 23, 2019.

(4) 49 CFR, Part 40, and amendments — Procedure for Transportation Workplace Drug and Alcohol Testing Programs in effect on April 23, 2019.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 757.039
PUC 1-2024, amend filed 01/09/2024, effective 01/09/2024
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 8-2021, amend filed 10/27/2021, effective 10/27/2021
PUC 4-2019, amend filed 05/10/2019, effective 05/10/2019
PUC 3-2016, f. & cert. ef. 5-17-16
PUC 4-2013, f. & cert. ef. 5-30-13
PUC 2-2011, f. & cert. ef. 5-4-11
PUC 5-2009, f. & cert. ef. 5-5-09
PUC 9-2007, f. & cert. ef. 9-10-07
PUC 3-2005, f. & cert. ef. 6-3-05
PUC 22-2003, f. & cert. ef. 11-28-03
PUC 19-1998, f. & cert. ef. 11-18-98
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 14-1994, f. & cert. ef. 10-20-94 (Order No. 94-1533)
PUC 8-1992, f. & cert. ef. 5-13-92 (Order No. 92-618 & 92-677)
PUC 16-1989, f. & cert. ef. 11-22-89 (Order No. 89-1529)
PUC 11-1987, f. & ef. 10-8-87 (Order No. 87-861)
PUC 4-1986, f. & ef. 5-5-86 (Order No. 86-456)
PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)
PUC 12-1984, f. & ef. 6-5-84 (Order No. 84-424)
PUC 3-1981, f. & ef. 6-4-81 (Order No. 81-361)
PUC 6-1980, f. & ef. 10-22-80 (Order No. 80-777)
PUC 2-1978, f. & ef. 3-16-78 (Order No. 78-158)
PUC 180, f. 4-8-77, ef. 5-1-77 (Order No. 77-232)
PUC 172, f. & ef. 1-14-76 (Order No. 76-036)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-024-0021 Liquefied Natural Gas Safety

Every gas Operator must construct, operate, and maintain liquefied natural gas facilities in compliance with the standards prescribed by:

(1) 49 CFR, Part 191, and amendments through No. 31 — Transportation of Natural and Other Gas by Pipeline; Annual Reports and Incident Reports in effect on May 17, 2022.

(2) 49 CFR, Part 193, and amendments through No. 25 — Liquefied Natural Gas Facilities; Minimum Safety Standards in effect on March 6, 2015.

(3) 49 CFR, Part 199, and amendments — Control of Drug and Alcohol Use in Natural Gas, Liquefied Natural Gas, and Hazardous Liquid Pipeline Operations in effect on April 23, 2019.

(4) 49 CFR, Part 40, and amendments – Procedure for Transportation Workplace Drug and Alcohol Testing Programs in effect on April 23, 2019.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 757.039
PUC 1-2024, amend filed 01/09/2024, effective 01/09/2024
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 8-2021, amend filed 10/27/2021, effective 10/27/2021
PUC 4-2019, amend filed 05/10/2019, effective 05/10/2019
PUC 3-2016, f. & cert. ef. 5-17-16
PUC 4-2013, f. & cert. ef. 5-30-13
PUC 2-2011, f. & cert. ef. 5-4-11
PUC 5-2009, f. & cert. ef. 5-5-09
PUC 9-2007, f. & cert. ef. 9-10-07
PUC 3-2005, f. & cert. ef. 6-3-05
PUC 22-2003, f. & cert. ef. 11-28-03
PUC 19-1998, f. & cert. ef. 11-18-98
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 14-1994, f. & cert. ef. 10-20-94 (Order No. 94-1533)
PUC 8-1992, f. & cert. ef. 5-13-92 (Order No. 92-618 & 92-677)
PUC 16-1989, f. & cert. ef. 11-22-89 (Order No. 89-1529)
PUC 11-1987, f. & ef. 10-8-87 (Order No. 87-861)
PUC 4-1986, f. & ef. 5-5-86 (Order No. 86-456)
PUC 12-1984, f. & ef. 6-5-84 (Order No. 84-424)
PUC 3-1981, f. & ef. 6-4-81 (Order No. 81-361)

Or. Admin. R. 860-024-0025 Steam Heat — Construction, Operation, and Maintenance of Steam and Hot Water Transmission and Distribution Systems

A steam heat public utility shall construct, operate, and maintain steam and hot water transmission and distribution systems in accordance with the American Society of Mechanical Engineers Code for Pressure Piping, Section B31.1, 1989 Edition, an American National Standard.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 10-1991, f. & cert. ef. 12-5-91 (Order No. 91-1603)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-024-0050 Incident Reports

(1) As used in this rule:

(a) "Self-propagating fire" means a fire that is self-fueling and will not extinguish without intervention.

(b) “Serious injury to person” means, in the case of an employee, an injury which results in hospitalization. In the case of a non-employee, “serious injury” means any contact with an energized high-voltage line, or any incident which results in hospitalization. Treatment in an emergency room is not hospitalization.

(A) Damage to operator and non-operator property exceeding $100,000; or

(B) In the case of a gas operator, damage to property exceeding $5,000; or

(C) In the case of an electricity service supplier (ESS) as defined in OAR 860-038-0005, damage to ESS and non-ESS property exceeding $100,000 or failure of ESS facilities that causes or contributes to a loss of energy to consumers; or

(D) Damage to property which causes a loss of service to over 500 customers (50 customers in the case of a gas operator) for over two hours (five hours for an electric operator serving less than 15,000 customers) except for electric service loss that is restricted to a single feeder line and results in an outage of less than four hours.

(2) Except as provided in section (6) of this rule, every reporting operator must give immediate notice by telephone, by facsimile, by electronic mail, or personally to the Commission, of incidents attended by loss of life or limb, or serious injury to person or property, occurring in Oregon upon the premises of or directly or indirectly arising from or connected with the maintenance or operation of a facility.

(3) As soon as practicable following knowledge of the occurrence, all investor-owned electric utilities must report by telephone, by facsimile, by electronic mail, or personally to the Commission fire-related incidents:

(a) that are the subject of significant public attention or media coverage involving the utility's facilities or is in the utility's right-or-way; or

(b) where the utility's facilities are associated with the following conditions:

(A) a self-propagating fire of material other than electrical and/or communication facilities; and

(B) the resulting fire traveled greater than one linear meter from the ignition point.

(4) Except as provided in section (6) of this rule, every reporting operator must, in addition to the notice given in sections (2) and (3) of this rule for an incident described in sections (2) and (3), report in writing to the Commission within 20 days of knowledge of the occurrence using Form 221 (FM221) available on the Commission's website. In the case of injuries to employees, a copy of the incident report form that is submitted to Oregon OSHA, Department of Consumer and Business Services, for reporting incident injuries, will normally suffice for a written report. In the case of a gas operator, copies of incident or leak reports submitted under 49 CFR Part 191 will normally suffice.

(5) An incident report filed by a public or telecommunications utility in accordance with ORS 654.715 cannot be used as evidence in any action for damages in any suit or action arising out of any matter mentioned in the report.

(6) A Peoples Utility District (PUD) is exempt from this rule if the PUD agrees, by signing an agreement, to comply voluntarily with the filing requirements set forth in sections (2) and (4).

(7) Gas operators have additional incident and condition reporting requirements set forth in OARs 860-024-0020 and 860-024-0021.

History

Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 654.715, ORS 756.040, ORS 756.105, ORS 757.035, ORS 757.039, ORS 757.649, ORS 759.030, ORS 759.040 & ORS 759.045
PUC 5-2023, minor correction filed 05/10/2023, effective 05/10/2023
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 5-2021, temporary amend filed 05/28/2021, effective 05/28/2021 through 11/23/2021
PUC 9-2006, f. & cert. ef. 9-28-06
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-028-0005 & 860-034-0570
PUC 3-1999, f. & ef. 8-10-99 (Order No. 99-468)
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 1-1998, f. & ef. 1-12-98 (Order No. 98-016)
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
PUC 4-1992, f. & ef. 2-14-92 (Order No. 92-234)
PUC 12-1989, f. & cert. ef. 8-11-89 (Order No. 89-946)
PUC 21-1985, f. & ef. 11-25-85 (Order No. 85-1130)
PUC 3-1981, f. & ef. 6-4-81 (Order No. 81-361)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-024-0061 Resolution of Violations of Commission Safety Rules in High Fire Risk Zones

(1) This rule establishes a process to initiate a complaint alleging failure to address a violation consistent with the requirements in OAR 860-024-0018(8).

(2) The complaint may be filed by an Owner, Occupant, or Operator. The party filing the complaint under this rule is the "Complainant." The other party, against whom the complaint is filed, is the "Respondent." An Operator may file a complaint regarding the failure of an Owner or Occupant to remedy a noticed violation of the Commission’s rules. If the Complainant has made the correction itself or the alleged violation remains uncorrected by the Respondent for an additional seven calendar days following the correction timeframe set forth in the notice, the Complainant may then file a complaint with the Commission. Owners, Occupants, and Operators may initiate complaints regarding disputes over payment for remedying violations of the Commission’s rules, including if an Occupant or Operator wishes to contest a bill sent by an Operator for remediation of a violation.

(3) If the Complaint is filed due to the failure of an Owner or Occupant to remedy a violation of the Commission’s rules, the following will apply:

(a) The Complainant must be able to demonstrate that it issued a written notice of the violation(s) to the Respondent. The notice must contain, at a minimum: notice of each attachment allegedly in violation; an explanation of how the attachment violates Commission Safety Rules including how the violation creates an ignition risk in an HFRZ; the pole number and location; an explanation of where the alleged violation(s) are located within the HFRZ; and the timeframe(s) within which the Respondent was expected to address each attachment allegedly in violation.

(b) The Complaint must contain each of the following:

(A) A copy of the Complainant’s notice of violation, that is in conformance with criteria described in section (3)(a) of this rule;

(B) If applicable, a description of any actions taken by the Complainant to address the violation(s), including actions permitted by Chapter 860, Division 028 rules and Chapter 860, Division 024 rules;

(D) Any other information the Complainant deems relevant to the complaint.

(4) The Commission will serve a copy of the complaint upon the Respondent. Service may be made by electronic mail if the Commission verifies the Respondent’s electronic mail address prior to service of the complaint and a delivery receipt is maintained in the official file. Within seven calendar days of service of the complaint, the Respondent must file its response with the Commission, addressing in detail each claim raised in the complaint and a description of the Respondent's position on the alleged violation(s).

(5) If the Commission determines after a hearing that the Respondent failed to address a violation of Commission Safety Rules pursuant to OAR 860-024-0018(8), the Commission may order any relief it deems just and reasonable including

(a) Ordering interim relief where appropriate pending a final resolution;

(b) Ordering Respondent to repair the violation or remove the attachment from the pole within a prescribed timeframe;

(d) Imposing a penalty upon the Respondent pursuant to ORS 757.990(1); and/or

(e) Ordering reimbursement to Complainant for work it has done to remedy the violation as specified in OAR 860-024-0018(9). If the Commission deems that a party was wrongfully assessed for repairs, it may order such monetary relief as it deems necessary to make that party whole.

(6) If at the conclusion of the Complaint process, the Commission determines that the facilities are not the responsibility of the Respondent and/or that the Respondent is no longer a fiscally solvent entity such that it is capable of remedying the violation, then the Commission may deem the facilities “abandoned” and require the electric Operator of the facilities to remedy the electric ignition hazard in accordance with OAR 860-024-0018(9).

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 757.035, ORS 758.280-758.296 & ORS 757.990
PUC 11-2022, adopt filed 12/27/2022, effective 12/27/2022

Division 25 REGULATIONS TO PREVENT DUPLICATION OF FACILITIES

Or. Admin. R. 860-025-0000 Applicability of Division 25

(1) The rules contained in this Division apply to electric utilities, gas utilities, and large telecommunications utilities, as defined in OAR 860-025-0001.

(2) Upon request or its own motion, the Commission may waive any of the division 25 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 759.036, 759.040 & 759.500 - 595
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 14-2000, f. & cert. ef. 8-23-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 14-1997, f. & cert. ef. 11-20-97
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-025-0001 Definitions for Territory Allocated to Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

For purposes of this Division, except when a different scope is explicitly stated:

(1) “Electric utility” means an electric utility as defined in ORS 757.600(13).

(2) “Gas utility” means a public utility as defined in ORS 757.005 that supplies natural gas.

(3) “Large telecommunications utility” means any telecommunications utility as defined in ORS 759.005 that is not partially exempt from regulation under ORS 759.040.

(4) “Utility service” means utility service as defined for electric and gas utilities in ORS 758.400(3) and telecommunications utility service as defined in ORS 759.500(3).

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.005, 758.400, 759.005 & 759.500
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102)

Or. Admin. R. 860-025-0005 Applicability and Formal Requirements

All applications or petitions filed under the rules contained in this division must also comply with all other applicable Commission rules.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-025-0010 Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

An application for a Commission order under ORS 758.410 or 759.560 shall contain the following:

(1) A copy of the contract.

(2) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the applicant’s service area.

(3) A map or maps, drawn to appropriate scale, showing the location of customers who are being served by either or both of the parties, or who could be economically served by the then existing facilities of either party, or by reasonable and economic extensions thereto, who are covered by the contract.

(4) A description by county, section lines, river, highway, road, street, or metes and bounds, where applicable and necessary, designating the boundaries of the territory to be served by each party to the contract. Such legal description of boundary lines may be drawn and described:

(a) To eliminate minor irregularities in the boundary of each party when to do so will include within each party’s territory only that unserved area which may be economically served by the then existing facilities of the respective parties or by reasonable and economic extensions thereto; and

(b) In the case of persons providing telecommunications utility service who entered into exchange boundary agreements before May 31, 1961, to define mutually exclusive exchange service areas, the area affected by such agreement may be described by reference to the exchange area map in that agreement. However, the applicant shall not be relieved by such reference from showing that it can economically serve the unserved areas within the exchange area map with its existing facilities or by a reasonable and economic extension thereto.

(5) A description of the equipment and facilities of each party, which are the subject of sale, exchange, transfer, or lease pursuant to the contract and the consideration to be paid therefore.

(6) Facts showing that the contract will eliminate or avoid unnecessary duplicating facilities, and will promote the efficient and economic use and development and the safety of operation of the utility service systems of the parties to the contract, while providing adequate and reasonable service to all territories and customers affected thereby.

History

Statutory/Other Authority: ORS 183, 756, 758 & 759
Statutes/Other Implemented: ORS 758.400 - 758.475 & 759.500 - 759.595
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-025-0015 Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service

Applications under ORS 758.430 for a Commission order approving an amendment to a contract approved pursuant to ORS 758.410 to 758.420 or 759.560 shall contain:

(1) The amendatory contract;

(2) Reference to the Commission order approving the initial contract; and

(3) Such information required by OAR 860-025-0010 as may assist the Commission in reviewing the application.

History

Statutory/Other Authority: ORS 183, 756 & 758
Statutes/Other Implemented: ORS 758.400 - 758.475
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-025-0020 Applications for Allocation of Exclusively Served Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

An application under ORS 758.435 or 759.535 for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory shall contain the following information:

(1) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the applicant’s service area.

(2) A map or maps, drawn to appropriate scale, showing the location of applicant’s customers and facilities in the vicinity of the boundaries of the territory applied for in sufficient detail to enable the Commission to determine the boundaries of that territory served exclusively by applicant.

(3) A description by county, section lines, river, highway, road, street, or metes and bounds, where applicable and necessary, of the boundaries of applicant’s exclusive service area. Such map and legal description of boundary lines may be drawn and described to eliminate minor irregularities in the boundary.

(4) Facts showing that applicant is lawfully and in good faith providing exclusive utility service within the area described in the application and that no other person is providing a similar utility service within such territory.

(5) Such additional information as needed for a full understanding of the situation.

History

Statutory/Other Authority: ORS 183, 756, 758 & 759
Statutes/Other Implemented: ORS 758.400 - 758.475 & 759.500 - 759.595
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-025-0025 Applications for Allocation of Exclusively Served Territory and Adjacent Unserved Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

An application under ORS 758.435 or 759.535, for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory and adjacent unserved territory shall contain the following information:

(1) The information required under OAR 860-025-0020.

(2) A map or maps similar to that required by OAR 860-025-0020(2) and description comparable to that required by OAR 860-025-0020(3), showing and describing the boundary of the adjacent unserved territory covered by the application.

(3) The names and addresses of all persons providing similar utility service in proximity to the unserved area applied for who may have an interest in or be affected by an approval or disapproval of the application.

(4) Facts showing that it is more economical and feasible to serve the adjacent unserved territory by an extension of the applicant’s existing facilities than by an extension of the facilities of another person, including but not limited to the following:

(a) A map or maps, drawn to appropriate scale, showing location and capability of equipment, plant, or facilities including the capability, location, and route of proposed facilities, if any, which relate to the applicant’s ability to extend utility service into the adjacent unserved area.

(b) Copies of such franchises or permits as the appropriate public authorities may require for extending service into the adjacent unserved area, or a statement that they will be filed at the hearing or a statement that no such authority is required by said public authorities.

(c) The kind or nature and extent of the need or demand, or reasonable anticipated need or demand, for utility service within the unserved area.

(d) The estimated construction, operating and related costs of and revenues from providing the proposed utility service within the unserved area.

(5) Such additional information as needed for a full understanding of the situation.

History

Statutory/Other Authority: ORS 183, 756, 758 & 759
Statutes/Other Implemented: ORS 758.400 - 758.475 & 759.500 - 759.595
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-025-0027 Application to Transfer Rights to Allocated Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

(1) An application under ORS 758.460 or 759.560 for an order of the Commission to approve the transfer of rights acquired by an allocation of territory shall contain the following information:

(a) A statement of the purposes for the transfer, the supporting reasons therefore, and a detailed explanation thereof justifying why the transfer will not be contrary to public interest.

(b) Copies of all written evidence and a statement of all oral understandings comprising the agreement between the transferor and transferee covering the transfer of the territory described in the application and sought to be transferred.

(c) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the allocated territory sought to be transferred and the transferor’s and transferee’s adjacent service areas.

(d) A map or maps, drawn to appropriate scale, showing:

(A) The number and, as practicable, the location of customers and equipment or facilities of the transferor with a detailed description of such equipment or facilities within the territory sought to be transferred; and

(B) The location of equipment or facilities of the transferor and transferee, with a detailed description of the same, which are in the territory immediately adjacent to that sought to be transferred and which are or will be interconnected therewith.

(e) A legal description, comparable to that required in OAR 860-025-0020(3), of the boundaries of the territory sought to be transferred.

(f) A legal description, comparable to that required in OAR 860-025-0020(3), of the resulting boundaries of the remaining allocated portion of the parcel of the transferor’s territory where the territory sought to be transferred is only part of a parcel of transferor’s allocated territory and a similar description of the resulting boundaries of the transferee’s allocated territory where the territory sought to be transferred will be contiguous to a parcel of transferee’s allocated territory.

(g) Copies of such franchises or permits, as the appropriate public authorities may require, authorizing the transferee to serve in the territory sought to be transferred, or evidence of the approval of the appropriate public authorities of the transfer to the transferee of the transferor’s franchise or permit to serve the territory sought to be transferred.

(2) Applications under ORS 758.460 by an electric or gas utility for a Commission order approving the transfer of rights acquired by an allocation of territory, which would otherwise be subject to ORS 757.480, shall comply with OAR 860-027-0025.

(3) Applications under ORS 759.560 by a large telecommunications utility for a Commission order approving the transfer of rights acquired by an allocation of territory, which would otherwise be subject to ORS 759.375, shall comply with OAR 860-027-0025.

History

Statutory/Other Authority: ORS 183, 756, 758 & 759
Statutes/Other Implemented: ORS 758.400 - 758.475 & 759.500 - 759.595
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-025-0030 Petitions for Certificate of Public Convenience and Necessity for Construction of Overhead Transmission Lines

(1) Petitions under ORS 758.015, for a certificate of public convenience and necessity to construct an overhead transmission line that will necessitate a condemnation of land or an interest therein, must be filed in accordance with OAR 860-001-0170.

(2) Petitions under ORS 758.015 must contain the following information:

(a) The information required under ORS 758.015 and the additional information set forth in this rule;

(b) A thorough description of the information listed in subsection (c) of this rule, including but not limited to the proposed route, voltage and capacity of the line. The description must include a comprehensive narrative that provides sufficient detail to enable a full understanding of the public convenience, necessity and justification in the public interest for the proposed transmission line and the benefits to be derived therefrom, and to enable a determination of its safety and practicability under normal and emergency conditions, as well as the foreseeable or potential consequences of not building the proposed transmission line;

(c) A map or maps that are drawn to appropriate scale and show appropriate distinguishing colors and symbols to depict the following information:

(A) A general location and boundaries of petitioner's service area to be connected or served by the proposed transmission line;

(B) Proposed route, voltage and capacity of the proposed transmission line;

(D) Other transmission lines and substations of petitioner connecting, serving or capable of being adopted to connect or serve the areas covered by the proposed transmission line, if any;

(E) The terminals, substations, sources of energy, and load centers, existing or proposed, related to the proposed transmission line and its intended operation, including the proposed transmission line itself;

(F) Each parcel of land that the petitioner has either acquired or has determined it should acquire an interest in to construct and operate the transmission line. The parcels of land that the petitioner has determined it should acquire an interest in must be clearly marked, and must clearly show the general contour, uses, and improvements along that portion of the proposed route, inclusive of structures and agricultural uses;

(d) An estimate of both already incurred and forecasted costs of developing the transmission line project, including:

(A) Parcels of land that petitioner determines it should obtain an interest in for which condemnation is assumed to be necessary at the time of the petition;

(B) Other parcels of land and any interests therein acquired or to be acquired;

(C) Transmission facilities, including but not limited to, poles, lines, substations, accessory and miscellaneous labor, plant, and equipment inclusive of any communication apparatus and environmental mitigations;

(D) Indirect and overhead costs including engineering, legal expense, taxes, interest during construction, and itemized administrative and general expenses;

(E) Any other costs, direct or indirect, relating to the transmission line project including but not limited to operating and maintenance costs of the project;

(F) Explanation of the foregoing cost estimates as needed to enable a full understanding of their basis and derivation;

(e) An explanation of the financial feasibility of the proposed transmission line, including any expected costs, revenues, and financing tools;

(f) A description of the parcels of land that petitioner determines it should obtain an interest in and for which condemnation is assumed to be necessary at the time of the petition, a full explanation of the intended use, and the specific necessity and convenience of each. The description must be accompanied by the names and addresses of all persons who have interests, known or of record, in the land to be physically impacted or traversed by the proposed route from whom petitioner has not yet acquired the interest, rights of way or option therefor. Petitioner must include with the petition certification verifying that notice of the petition has been mailed to said persons;

(g) A statement and explanation with supporting data comparable to that described in subsections (d) and (e) of this section for possible alternative routes analyzed by petitioner;

(h) Such additional information as petitioner determines is necessary for a full understanding of the petition;

(i) A summary of petitioner's plan to ensure compliance with applicable Commission rules, including but not limited to OAR Chapter 860, Division 24, and other safety standards for the safe construction, operation and maintenance of the transmission line. Petitioner must include a certificate executed by an authorized representative of petitioner affirming that it will adhere to the applicable Commission rules and other applicable safety standards for construction operation and maintenance of the transmission line. The representative's certificate must be a sworn statement under ORS 162.055 attesting to the truth of the certification;

(j) Estimated revenue requirement impact. At a minimum, petitioner must include an estimate of the levelized, annual revenue requirement of the transmission line as a percentage of its estimated annual revenue requirement. A revenue requirement estimate provided under this rule may be used solely for the purposes of evaluating the petition;

(k) Public benefits and costs of the transmission line, if any, that are reasonably known to petitioner, including but not limited to:

(A) Costs and benefits to petitioner's Oregon customers and customers of other Oregon utilities and to Oregonians in general;

(B) Costs and benefits that the proposed transmission line will provide related to connection to regional and inter-regional grids;

(l) A review of and reference to regulatory approvals and reviews that concern, analyze or otherwise discuss the proposed transmission line, such as an integrated resource plan acknowledgement, other short- or long-term planning documents, construction work plans filed with a regulatory body, and any relevant site certificate issued by the Energy Facility Siting Council;

(m) The most recent load forecasts available to petitioner supporting need for the line. The load forecasts shall, when feasible, include a load forecast of at least 10 years, and an accompanying narrative explaining the kind, nature, extent, and estimated growth of the energy requirements or reasonably anticipated need, load or demand, as relevant to the proposed transmission line;

(n) An evaluation of available alternatives to construction of the transmission line, including but not limited to conservation measures, non-wires alternatives, and construction of one or more lower-voltage single or multi-circuit lines. The petitioner may make reference to relevant sections of its most recent integrated resource plan (IRP) filed under OAR 860-027-0400, local transmission plans, or a planning document substantially equivalent to an IRP;

(o) All electrical engineering studies and reliability or resiliency analyses known to the petitioner at the time the petition is submitted, whether performed by the petitioner or other entities supporting the necessity of the transmission line when relevant, including those addressing single and multiple contingencies;

(p) A narrative that identifies all land use approvals and permits required for construction of the transmission line. This narrative must include information on whether petitioner has submitted an application for each approval or permit, the status of all such applications, and an explanation as to why petitioner did not obtain any pending or outstanding approvals or permits before submitting a petition under this rule as applicable, including anticipated timelines for issuance of any pending or outstanding approvals and permits, and the section of OAR 860-025-0040 under which the petitioner seeks to demonstrate compliance with that rule;

(q) When filing a petition, a petitioner must also certify that it has concurrently submitted its responses to the most recent version of the Standard Data Requests for Petitions for Certificates of Public Convenience and Necessity, developed by Staff and available on the Commission’s website.

(3) A petition may not be filed under this rule unless the petitioner includes with the petition all necessary documentation to support a finding under OAR 860-025-0040(2) or (7), or files a request for a waiver as described in OAR 860-025-0030(4).

(4) If the petitioner cannot obtain, or has not yet obtained all necessary documentation to support a finding under OAR 860-025-0040(2) or (7), the petitioner must submit a request for a waiver of section (3) of this rule in advance of or concurrent with the petition. If filed concurrently, the petitioner will provide notice that the petition includes a request for waiver at the time of filing. The OAR 860-025-0030(3) waiver request must include:

(a) The identification of whether the waiver request pertains to OAR 860-025-0040(2) or (7), and a list of all necessary documentation that the petitioner cannot obtain, or has not yet obtained at the time of filing;

(b) An explanation that clearly and comprehensively explains the grounds for the waiver, including a narrative of why the required documentation cannot be obtained, or has not yet been obtained, along with any reliable evidence to support and verify the petitioner’s claim that such documentation cannot be obtained or demonstrates when the petitioner expects to obtain all land use approvals, permits or equivalent before the Commission makes its final decision on the petition, and that the petitioner is requesting that the Commission consider the petition concurrently with the identified approval and permit processes;

(c) In the event that the petitioner seeks a waiver for OAR 860-025-0040(2); the petitioner shall indicate clearly whether it requests that the Commission make its findings under OAR 860-025-0040(2) or (6);

(d) In the event that the petitioner requests that the Commission make its finding under OAR 860-025-0040(7), the petitioner will provide information from the relevant, pending Energy Facilities Siting Council (EFSC) proceeding to demonstrate that EFSC approval is being sought;

(e) A case management proposal for conducting the CPCN process before the conclusion of any land use approval or permitting processes that will promote efficient use of Commission resources and avoid duplicative or wasted effort.

(5) Staff will promptly review the waiver request:

(a) If Staff finds the waiver request is reasonable and adequately supported, Staff will recommend the Commission approve the waiver request at a public meeting; or

(b) If Staff finds the waiver request is not supported by good cause, Staff will recommend the Commission deny the request at a public meeting. Staff will further recommend the Commission make a finding that the petition is incomplete without the inclusion of identified information and that it will not be considered by the Commission, pursuant to OAR 860-025-0030(3).

History

Statutory/Other Authority: ORS 183, 756, 758
Statutes/Other Implemented: ORS 758.015
PUC 8-2022, amend filed 09/29/2022, effective 09/29/2022
PUC 7-2018, minor correction filed 09/21/2018, effective 09/21/2018
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 8-1991, f. & cert. ef. 5-30-91 (Order No. 91-700)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-025-0035 CPCN Review Criteria

(1) The Commission may approve a petition filed under OAR 860-025-0030 by determining the necessity, safety, practicability and justification in the public interest of the proposed transmission line upon consideration of the following:

(a) Whether the transmission line will meet a demonstrated need for transmission of additional capacity or improved system reliability that enables the petitioner to provide or continue to provide adequate and reliable electricity service;

(b) Whether the petitioner has demonstrated that it will ensure the transmission line is constructed, operated, and maintained in a manner that protects the public from danger and conforms with applicable Commission rules, and other applicable safety standards and best industry practices;

(c) Whether the transmission line using petitioner's proposed route is practicable and feasible, whether it will be effectively and efficiently constructed in a commercially reasonable manner;

(d) Whether petitioner has justified construction of the proposed transmission line as in the public interest, as compared with feasible alternatives for meeting the identified need, considering the public benefits and costs of the project, as they relate to the interests in land proposed to be condemned, petitioner's existing facilities and equipment, petitioner's Oregon customers, and other considerations that may be relevant to the public interest. Other such considerations include, but are not limited to, the benefits and costs to other Oregon utilities, their customers, and all Oregonians, the value of connections to regional and inter-regional electricity grids and to a petitioner's non-Oregon service territories, and all Oregonians;

(e) The Commission may also consider other factors it deems relevant to the statutory criteria.

(2) In evaluating a petition under this rule, the Commission will give due consideration to related regulatory reviews and permitting approvals as pertinent to the proposed transmission line, if the transmission line has already been acknowledged or approved by regulatory or permitting authorities.

(3) In the event a CPCN is granted, the certificate shall expire 15 years from date of issuance, except that a certificate shall expire 10 years from the date of issuance if construction has not commenced during those 10 years. Upon written request of a petitioner, the Commission may grant an extension on the term of a certificate for good cause shown. A request must be served on the service list for the associated CPCN docket, and if applicable, the docket for the petitioner's last acknowledged integrated resource plan.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 758
Statutes/Other Implemented: ORS 758.015
PUC 8-2022, adopt filed 09/29/2022, effective 09/29/2022

Or. Admin. R. 860-025-0040 Petition for CPCN Compliance with Statewide Planning Goals, Land Use Regulations, and Acknowledged Plans

(1) The Commission, as part of its approval of a petition filed under OAR 860-025-0030, shall adopt findings which assure the proposed transmission project complies with the Statewide Planning Goals and is compatible with the acknowledged comprehensive plan(s) and land use regulations of each local government where the project is to be located. The Commission's findings shall be developed consistent with the rules and procedures in the Commission's state agency coordination program pursuant to ORS 197.180.

(2) The Commission's land use findings assuring the proposed project's goal compliance and plan compatibility shall be based on the hearing record, which shall include at least one of the following:

(a) A copy of the local land use permit from each affected city or county planning agency, building department, or governing body stating that the proposed transmission project has received the jurisdiction's approval; or

(b) A copy of a letter from each affected local planning agency, building department, or governing body stating that the proposed transmission project is permitted under the jurisdiction's comprehensive plan, land use regulations, and development codes, but does not require specific approval by the jurisdiction; or

(c) Other written or oral land use information and documentation equivalent to OAR 860-025- 0040(2)(a) or (b) above properly presented to the Commission from an authorized representative from each affected city or county.

(3) In making findings under section (2) of this rule, the Commission may rely on a Land Use Compatibility Statement (“LUCS”) issued by an authorized representative from an affected city or county to the extent the LUCS:

(a) Confirms the city or county has issued a land use permit approving the proposed transmission project; or

(b) States the applicable city or county acknowledged comprehensive plan does not require specific approval of the proposed transmission project; or

(c) States the proposed transmission project will be compatible with the jurisdiction’s acknowledged comprehensive plan if petitioner obtains the land use permits identified in the LUCS, and the LUCS confirms the acknowledged comprehensive plan’s general provisions will not be substantially affected by issuance of a certificate if those permits are obtained.

(4) A petitioner must notify the Commission promptly when a land use permit or land use compatibility statement submitted to support findings under this subsection has been appealed or has been modified or withdrawn before a final order has issued in a CPCN proceeding.

(5) If a land use compatibility statement upon which the Commission bases its land use compatibility findings is revoked or modified to include a finding that the transmission line is incompatible with an acknowledged comprehensive plan or implementing regulations after the Commission has issued a CPCN, the Commission may amend or withdraw the CPCN final order.

(6) In the event that the Commission cannot make findings under section (2) of this rule for any of the reasons enumerated in OAR 660-030-0065(3), the Commission may adopt goal compliance findings pursuant to OAR 660-030-0065(3).

(7) If a proposed transmission line is subject to the jurisdiction of the Energy Facility Siting Council (EFSC), the Commission will not take final action until EFSC has issued a site certificate for the transmission line. The Commission will adopt the findings made as a part of the EFSC-issued site certificate, and the requirements of OAR 860-025-0040 (2) - (6) shall not apply.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 758
Statutes/Other Implemented: ORS 758.015
PUC 8-2022, adopt filed 09/29/2022, effective 09/29/2022

Or. Admin. R. 860-025-0050 Application by an Unserved Person for Service from a Large Telecommunications Utility

An application under ORS 759.590 for an order of the Commission directing another telecommunications utility to provide local exchange service to an unserved person shall comply with OAR 860-032-0220.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.580, 759.585, 759.590 & 759.595
PUC 13-2002, f. & cert. ef. 3-26-02

Or. Admin. R. 860-025-0055 Exemption from Carrier of Last Resort (COLR) Obligations

(1) A telecommunications utility, cooperative corporation, or municipality may petition the Commission for an exemption from its COLR obligations as specified in this rule.

(2) The COLR’s petition must comply with the requirements of filing and service for contested cases found in OAR chapter 860, division 001 and also include:

(a) The name of the COLR as it appears on its certificate of authority;

(b) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for additional information about the petition;

(d) A listing of the services it is authorized to provide;

(e) Evidence that the conditions set forth in ORS 759.506(3)(a) through (3)(c) are met;

(f) Maps and any other information identifying the territory for which the COLR seeks an exemption;

(g) Evidence that the property for which the COLR seeks an exemption comprises four or more single family dwellings;

(h) Estimates in total and per customer of the COLR’s cost to provide service to the property in the absence of conditions identified in subsection (e) of this rule, or if the COLR cannot estimate the per-customer cost, a statement as to why;

(i) A copy of the notice required by section (6) of this rule; and

(j) An affidavit of notice required by section (7) of this rule.

(3) The petition may also include any other relevant information the COLR wishes to provide for consideration by the Commission.

(4) If the COLR designates any portion of the petition to be confidential, the COLR must attach an affidavit stating the legal basis for the claim of confidentiality and comply with the requirements of OAR 860-001-0070 or 860-001-0080.

(5) The petition must be filed at least 90 days before the proposed effective date of the requested exemption.

(6) The COLR must also prepare a Notice of Petition for Exemption from COLR Obligations (notice). The notice must include:

(a) The name of the COLR as it would normally appear on a customer bill;

(b) A statement that the COLR has petitioned the Commission for an exemption from its COLR obligations;

(d) A statement that comments regarding the petition may be submitted to the Commission within 45 days of service date of the notice;

(e) A statement that the exemption will become effective by operation of law 90 days after the petition is filed, unless the Commission denies the petition or suspends the review of the petition for an additional 90 days;

(f) A statement that if the Commission suspends review of the petition for an additional 90 days and does not deny the petition within that additional time, then the exemption becomes effective by operation of law 180 days after the petition is filed; and

(g) The name, telephone number, electronic mail address, and mailing address of the COLR’s contact person for more information.

(7) The COLR must serve a copy of its notice on the following persons:

(a) The property owner or developer;

(b) The residents within the property that the COLR is able to identify.

(8) The COLR must also prepare an affidavit of notice, which must include:

(a) A certificate of service stating when and by what means (electronic mail or other delivery) the notice was served on the persons identified in section (7) above, including a list showing the electronic address or address served; and

(b) A statement of efforts taken to serve the notice in those instances when service was not completed.

(9) Unless the Commission takes further action or denies the petition, the petition becomes effective by operation of law 90 days after the petition is filed with the Commission.

(a) For good cause, the Commission may suspend the effective date of the petition for an additional 90 days.

(A) The Commission’s review of the petition may not exceed 180 days.

(B) Unless the Commission approves or denies the petition within the additional 90 days, the petition becomes effective by operation of law 180 days after the petition is filed with the Commission.

(b) An unopposed petition for exemption may become effective without a hearing before the Commission. For good cause, the Commission may suspend the effective date of an unopposed petition without a hearing.

(c) If opposition to the petition is filed with the Commission within 45 days of service of the notice, the Commission will schedule a conference to determine the proceedings necessary to complete its review within the times set forth in this rule.

(10) After a COLR exemption has been granted, the exempted COLR may provide service to a requesting customer in the exempted property if there are no barriers to prevent the former COLR from entering the property to provide the requested service. The requesting customer may be subject to additional charges under the exempted COLR’s line extension tariff.

History

Statutory/Other Authority: ORS 756.060, 759.036 & 759.506
Statutes/Other Implemented: ORS 759.506
PUC 4-2011, f. & cert. ef. 8-26-11

Or. Admin. R. 860-025-0060 Reinstatement of Carrier of Last Resort (COLR) Obligations

(1) Any resident or occupant of the property for which the Commission allowed an exemption of the COLR obligations under OAR 860-025-0055, or the exempted COLR utility, may petition the Commission to reinstate the COLR obligations.

(2) The petition for reinstatement of the COLR obligations must be filed as set forth in OAR 860-001-0140 and 860-001-0170 and include the information required in OAR 860-001-0400(2) and the proposed effective date of COLR obligations reinstatement.

(3) Within 14 days of the filing of a complete petition for reinstatement of the COLR obligations, the Commission will electronically serve notice of the petition on the COLR identified in the petition (unless the petitioner is the exempted COLR), the Commission’s general notification list, and the service list of the docket under which the COLR exemption was granted.

(4) The Petitioner must serve notice of the petition upon:

(a) The property owner or developer;

(b) The residents within the property that the COLR is able to identify.

(5) The Commission will conduct contested case proceedings, including a public hearing, to determine if the existing public convenience and necessity require reinstatement of the COLR obligations. The petitioner has the burden of proving that the COLR should be reinstated. Parties to the proceedings may present in support of or opposition to the petition for the Commission’s consideration:

(a) Evidence of the willingness of at least 60 percent of the occupants or residents of the property (including the Petitioner) to subscribe to the utility’s service and pay for the incremental cost of providing the service;

(b) Evidence of the estimated costs of the telecommunications utility, cooperative corporation, or municipality to serve the exempted area that are over and above the original cost to serve;

(c) The service record of the Alternative Service Provider, including but not limited to, statistics about complaints, delays, and service quality;

(d) Legal argument or evidence as to why reinstating COLR obligations to the telecommunications utility, cooperative corporation, or municipality is or is not in the public interest; and

(e) Other relevant evidence that the parties wish to be considered by the Commission.

(6) If the Commission determines that the existing public convenience and necessity requires reinstatement of the COLR obligations to the exempted COLR:

(a) The COLR may not be required to incur any costs until the incremental costs necessary to construct the facilities to provide service have been received from the parties identified in section 5(a) of this rule. The COLR may not unreasonably deny payment terms in lieu of one-time payments; and

(b) The COLR must receive from the existing provider (if any) the access necessary for the COLR to install and maintain its facilities, including necessary easements, before the Commission requires the COLR to re-establish service. The existing provider may not unreasonably deny such access.

History

Statutory/Other Authority: ORS 756.060, 759.036 & 759.506
Statutes/Other Implemented: ORS 759.506
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 4-2011, f. & cert. ef. 8-26-11

Or. Admin. R. 860-025-0065 Allocation of Carrier of Last Resort (COLR) Reinstatement Costs

(1) Within 45 days after the Commission receives a petition to determine if reinstatement of the COLR obligations is required by the existing public convenience and necessity, the telecommunications utility, cooperative corporation, or municipality proposed for reinstatement as the COLR must file with the Commission:

(a) A proposal for allocating its costs of serving customers in the territory; or

(b) A calculation and apportionment of its incremental costs to serve the reinstated territory on the basis of its tariffed line extension guidelines.

(2) The proposal or calculation and apportionment filed under section (1) of this rule must:

(a) Include only the incremental costs that exceed the costs that would have been incurred (above and beyond any tariffed line extension charges) to initially construct or acquire facilities to serve customers of the territory;

(b) Specify how the incremental costs are to be allocated equitably among all customers of the territory to which the service is being reinstated; and

(c) Explain any significant differences between the initial costs to serve, as outlined in the development of incremental costs, and the proposed costs to serve as estimated in the original petition for exemption.

(3) Any occupant or resident within the property subject to the COLR reinstatement who subscribes to service from the reinstated COLR must pay a pro-rata share of the COLR's incremental cost to re-establish service in the property.

(4) Any occupant or resident within the property subject to the COLR reinstatement who does not subscribe to service from the reinstated COLR and who does not elect to share in the reinstatement costs may be subject to additional charges from the COLR if the occupant or resident elects to subscribe to the COLR’s service at a future date, in accordance with the COLR’s line extension tariff.

History

Statutory/Other Authority: ORS 756.060; 759.036; & 759.506
Statutes/Other Implemented: ORS 759.506
PUC 4-2011, f. & cert. ef. 8-26-11

Division 26 SALES PROMOTION

Or. Admin. R. 860-026-0000 Applicability of Division 26

(1) The rules contained in this Division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-026-0005.

(2) Upon request or its own motion, the Commission may waive any of the division 26 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 759.030, 759.040 & 759.045
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 11-2001, f. & cert. ef. 4-18-01
PUC 14-2000, f. & cert. ef. 8-23-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 14-1997, f. & cert. ef. 11-20-97

Or. Admin. R. 860-026-0005 Definitions for Utility Sales Promotion

As used in OAR 860-026-0005 through 860-026-0045, unless the context requires otherwise:

(1) “Affiliate” means “affiliated interest,” as defined in ORS 757.015 and 759.010.

(2) “Appliance or equipment” includes any device which consumes electric and/or gas energy and any ancillary device required for its operation.

(3) “Consideration” includes any cash, donation, gift, allowance, rebate, bonus, merchandise (new or used), property (real or personal), labor, service, conveyance, commitment, right, or other thing of more than token value.

(4) “Energy efficiency” means any installation or action intended to reduce the amount of energy required to achieve a given purpose or to shift the timing of the use of energy to achieve greater efficiency in the use of a public utility system.

(5) “Energy utility” means a public utility as defined in ORS 757.005 except a water utility or wastewater utility. An energy utility can be an “electric company,” “gas utility,” or “steam heat utility.”

(6) “Financing” includes acquisition of equity or debt interests, loans, advances, sale and repurchase agreements, sale and leaseback agreements, sales on open account, conditional or installment sales contracts, or other investments or extensions of credit.

(7) “Large telecommunications utility” means a telecommunications utility, as defined in ORS 759.005, that is not partially exempt from regulation under ORS 759.040.

(8) “Person” includes any individual, group, firm, partnership, corporation, association, organization, or public or private entity.

(9) “Utility” means all energy and large telecommunications utilities, as defined in sections (5) and (7) of this rule.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.005 & 757.015
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 9-1995, f. & cert. ef. 8-30-95 (Order No. 95-861)
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-026-0010 “Promotional Activity” Defined

"Promotional activity" means action by an energy or large telecommunications utility or its affiliate with the objective of increasing or preventing a decrease in the quantity of the energy or large telecommunications utility’s service used by present and prospective customers; inducing any person to use an energy utility’s service rather than a competing form of energy, the cost of which is properly chargeable to account number 911, 912, 913, or 916 of the Uniform System of Accounts as adopted by OARs 860-027-0045 and 860-027-0055; or inducing any person to use a large telecommunications utility’s service rather than a competitive provider’s service.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.267
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-026-0015 “Promotional Concession” Defined

(1) "Promotional concession" means any consideration offered or granted by an energy or large telecommunications utility or its affiliate to any person with the object, express or implied, of inducing such person to select or use the service or additional service of such utility, or to select or install any appliance or equipment designed to use such utility service.

(2) For purposes of illustration, and without limiting the definition in section (1) of this rule, "promotional concession" includes:

(a) Financing real property, including the construction of any building thereon, when such property is not owned or otherwise possessed by and not intended for the immediate use of the energy or large telecommunications utility or its affiliate;

(b) Furnishing consideration to any architect, builder, engineer, subdivider, developer, or other person for work done or to be done on property not owned or otherwise possessed by and not intended for the immediate use of the energy or large telecommunications utility or its affiliate; except for studies to determine comparative capital cost and expenses to show the desirability or feasibility of selecting one form of energy over another;

(c) Acquisition from any builder, subdivider, developer, or other person of any easement, right-of-way, license, lease or other property for consideration in excess of the reasonable cost or value thereof;

(d) Furnishing consideration to any dealer, architect, builder, engineer, subdivider, developer, or other person for the sale, installation or use of any appliance or equipment;

(e) Providing free, or at less than cost or value, any wiring, piping, appliance, or equipment to any other person; but an energy or large telecommunications utility, engaged in an appliance merchandising sales program, is not precluded from conducting legitimate close-outs of appliances, clearance sales and sales of damage or returned appliances;

(f) Providing free, or at less than cost or value, any installation, operation, repair, modification, or maintenance of any appliance, equipment, wiring or piping of any other person;

(g) Granting a trade-in allowance on the purchase of any appliance or equipment in excess of the fair market value of the trade-in; or the granting of an allowance for such appliance or equipment when such allowance varies by reason of the type of energy consumed in such appliance or equipment;

(h) Financing the acquisition of any appliance or equipment at a rate of interest or on terms more favorable than those generally applicable to sales by nonutility dealers in such appliances or equipment;

(i) Furnishing consideration to any person for any advertising or publicity purpose of such person; and

(j) Guaranteeing the maximum cost of electric or gas utility service.

(3) "Promotional concession" excludes:

(a) Making any temporary emergency repairs to appliances or equipment of a customer, or performing any other repairs or maintenance for which the customer is charged at least at cost;

(b) Inspecting and adjusting appliances or equipment which consumes electric or gas energy;

(d) Providing light bulbs, street or outdoor lighting service, service pipe or other service equipment or appliances, in accordance with tariffs filed with and approved by the Commission;

(e) Providing appliances or equipment to an educational institution for the purpose of instructing students in the use of such appliances or equipment;

(f) Rebates, low interest loans, and other considerations for Commission-approved energy efficiency programs; and

(g) Testing of new products and equipment that are expected to result in their inclusion in a Commission-approved energy efficiency program.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.267
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-026-0020 Standards Governing Promotional Activities and Concessions

(1) All promotional activities and concessions shall be just and reasonable, prudent as a business practice, economically feasible and compensatory, and reasonably beneficial both to the energy or large telecommunications utility and its customers. The cost of promotional activities and concessions must not be so large as to impose an undue burden on the energy or large telecommunications utility’s customers in general and must be recoverable through related sales stimulation within a reasonable time.

(2) No energy or large telecommunications utility or its affiliate shall:

(a) Directly or indirectly, in any manner or by any device whatsoever, offer or grant any promotional concession except such as is uniformly and contemporaneously extended to all persons in a reasonably defined class;

(b) Engage in any promotional concession that creates an undue preference or advantage to any person or subjects any person to any undue prejudice or disadvantage;

(c) Engage in any promotional concession that establishes or maintains any unreasonable difference between localities or as between classes of customer; or

(d) Insert, or seek to enforce, any covenant or other provisions in any deed, mortgage, lease, or any other instrument related to realty that restricts the form of energy which may be used upon such realty.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.267
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-026-0022 Presumptions of Reasonableness of Advertising Expenses in Utility Rate Cases

(1) As used in this rule:

(a) "Advertising Expenses" means expenses for communications which inform, influence, and/or educate customers. Such communication may be by means of, but is not limited to, print, radio, television, billboards, direct mail, videos, banners, telephone listings, and displays;

(b) "Conservation Advertising Expenses" means advertising expenses, the primary purpose of which is to decrease the total consumption of utility services;

(c) "Institutional Advertising Expenses" means advertising expenses, the primary purpose of which is not to convey information, but to enhance the credibility, reputation, character, or image of an entity or institution;

(d) "Legally Mandated Advertising Expenses" means advertising expenses, the primary purpose of which is to comply with:

(A) Local, state, or federal statutes, ordinances, rules, or regulations; and

(B) Court or Commission’s orders.

(e) "Political Advertising Expenses" means advertising expenses, the primary purpose of which is to state or imply that persons should take a specific political action;

(f) "Promotional Advertising Expenses" means advertising expenses, the primary purpose of which is to communicate with respect to an energy or large telecommunications utility’s promotional activities or promotional concessions, as defined in OARs 860-026-0010 and 860-026-0015;

(g) "Utility Information Advertising Expenses" means advertising expenses, the primary purpose of which is to increase customer understanding of utility systems and the function of those systems, and to discuss generation and transmission methods, utility expenses, rate structures, rate increases, load forecasting, environmental considerations, and other contemporary items of customer interest;

(h) "Utility Service Advertising Expenses" means advertising expenses, the primary purpose of which is to supply timely customer information about utility services such as changes in office hours, planned service repair interruptions, the closing or opening of new pay stations, or to encourage efficient and safe use of utility services and similar service-related subjects;

(i) "Nonutility Advertising Expenses" means advertising expenses, the primary purpose of which is to provide information about or encourage purchase of products or services whose revenues fall outside the scope of rate of return regulation by a state or federal regulatory body;

(j) "Energy Efficiency Advertising Expenses" means advertising expenses, the primary purpose of which is to promote energy efficiency, as defined in OAR 860-026-0005(7).

(2) For the purposes of this rule, advertising expenses are categorized as follows:

(a) Category "A" — Energy efficiency or conservation advertising expenses that do not relate to a Commission-approved program, utility service advertising expenses, and utility information advertising expenses;

(b) Category "B" — Legally mandated advertising expenses;

(c) Category "C" — Institutional advertising expenses, promotional advertising expenses and any other advertising expenses not fitting into Category "A," "B," or "D";

(d) Category "D" — Political advertising expenses and nonutility advertising expenses; and

(e) Category "E" — Energy efficiency or conservation advertising expenses that relate to a Commission-approved program.

(3) For rate-making purposes:

(a) Advertising expenses in Category "A" are presumed to be just and reasonable in a rate proceeding to the extent that expenses are twelve and one-half hundredths of 1 percent (0.125 percent) or less of the gross retail operating revenues determined in that proceeding;

(b) Advertising expenses in Category "B" are presumed to be just and reasonable for rate-making purposes;

(c) The energy or large telecommunications utility shall carry the burden of showing that any advertising expenses in Category "C" are just and reasonable for rate-making purposes. In any rate filing under ORS 757.210 and 759.180, the utility shall separately state the amount of advertising expenses in Category "C";

(d) Advertising expenses in Category "D" are presumed to be not just and reasonable for rate-making purposes; and

(e) With Commission approval, advertising expenses in Category "E" may be capitalized. The Commission will review the prudence of such expenses in a general rate proceeding pursuant to ORS 756.500, 757.210, or 759.180.

(4) The presumptions in section (3) of this rule are rebuttable. An energy or large telecommunications utility seeking to include expenditures in excess of amounts in section (3) of this rule shall have the burden of showing that the expenditures are just and reasonable. Parties challenging expenditures which are equal to or less than the amounts in section (3) of this rule have the burden of showing that the expenditures are not just and reasonable.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 1-1975, f. & ef. 7-20-76 (Order No. 76-467); PUC 7-1981, f. & ef. 8-12-81 (Order No. 81-515); PUC 5-1983, f. 5-31-83, ef. 6-1-83 (Order No. 83-284); Renumbered from 860-021-0071; PUC 22-1985, f. 12-11-85, ef. 1-1-86 (Order No. 85-1170; PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); Renumbered from 860-021-0605; PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035); PUC 9-1995, f. & cert. ef. 8-30-95 (Order No. 95-861); PUC 9-1998, f. & cert. ef. 4-28-98

Or. Admin. R. 860-026-0025 Filing of Proposed Promotional Concessions

(1) An energy utility or its affiliate shall not offer, grant, or vary any promotional concession directly or indirectly, or in concert with others, or by any means whatsoever, unless the energy utility has filed a description of such concession with the Commission. The energy utility shall furnish a copy of the filing to each other energy utility providing service in any portion of the service area of the filing utility.

(2) A large telecommunications utility shall not:

(a) Offer, grant, or vary any promotional concession for a regulated service directly or indirectly, or in concert with others, or by any means whatsoever, unless the large telecommunications utility has filed a description of such concession with the Commission; and

(b) Promote any regulated service, directly or indirectly, for more than a total of 180 days in any 12-month period.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.105
PUC 10-2002, f. & cert. ef. 2-26-02
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-026-0030 Notice and Effective Date of Promotional Concessions for Energy Utilities

All filings required from energy utilities by OAR 860-026-0025 shall be effective upon 30 days’ notice to the Commission, subject to suspension and cancellation by the Commission. However, the Commission may allow changes without requiring the 30 days’ notice by entering an order specifying the changes to be made and the time when they shall take effect.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 757.007 & 757.220
PUC 10-2002, f. & cert. ef. 2-26-02
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-026-0035 Reports of Promotional Activities and Concessions for Energy Utilities

(1) Each energy utility shall file, concurrently with the annual report required by law, a report of each promotional activity and concession of the utility and its affiliates during the preceding calendar year. The report shall show the amounts expended with respect to each promotional activity and concession and a statement of the benefits achieved from each.

(2) In reporting on each promotional activity or concession under this rule, an energy utility shall employ the lowest practicable subprogram for budget and accounting purposes.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.105
PUC 1-2002, f. & cert. ef. 1-3-02
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 17-1998, f. & cert. ef. 10-12-98
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-026-0040 Investigations of Promotional Activities and Concessions

Nothing in OAR 860-026-0005 through 860-026-0040 is intended to prevent the Commission from investigating, either formally or informally, any promotional activity or concession, or the costs thereof, of any energy or large telecommunications utility.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040 & 756.070 - 756.115
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-026-0045 Promotional Concessions Offered or Granted on the Effective Date of These Rules

(1) Notwithstanding OARs 860-026-0025 and 860-026-0030, any promotional concession offered or granted by an energy or large telecommunications utility or its affiliate before July 1, 1971, may remain in force, subject to suspension and cancellation, if:

(a) A description of such concession was filed with the Commission not later than 5 p.m., June 30, 1971;

(b) Such filing includes a statement signed by the responsible officer of the energy or large telecommunications utility that any such promotional concession is in compliance with OAR 860-026-0020; and

(c) A copy of the description of such concession has been furnished to each other utility providing service in any portion of the service area of the filing utility.

(2) No other promotional concession shall be offered or granted on or after July 1, 1971, except in compliance with OAR 860-025-0005 through 860-026-0040.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.105
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Division 27 BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS

Or. Admin. R. 860-027-0000 Applicability of Division 27

(1) The rules contained in this Division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-027-0001.

(2) Upon request or its own motion, the Commission may waive any of the division 27 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 759.030, 759.040 & 759.045
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 11-2001, f. & cert. ef. 4-18-01
PUC 14-2000, f. & cert. ef. 8-23-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 14-1997, f. & cert. ef. 11-20-97
PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102)
PUC 3-1995, f. & cert. ef. 6-19-95 (Order No. 95-516)
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-027-0001 Definitions for Utility Budgets, Finance, Accounting, and Annual Reports

For purposes of this division, except when a different scope is explicitly stated:

(1) “Energy utility” means a public utility as defined in ORS 757.005 except a water utility or wastewater utility. An energy utility can be an “electric company,” “gas utility,” or “steam heat utility.”

(2) “Large telecommunications utility” means any telecommunications utility, as defined in ORS 759.005, that is not partially exempt from regulation under 759.040.

(3) “Utility” means all energy utilities and telecommunications utilities, as defined in sections (1) and (2) of this rule.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040 & 759.005
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102)

Or. Admin. R. 860-027-0005 Utilities Required to File Reports

Each energy utility operating within Oregon and having gross operating revenues of $50,000 or more per annum is required to file with the Commission on or before March 31 of each year, a copy of its proposed Budget of Expenditures, on forms approved by the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.105 & 757.105
PUC 4-2014, f. & cert. ef. 5-28-14
PUC 12-2007, f. & cert. ef. 10-31-07
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0015 New Construction Budget

Each energy utility operating within Oregon is required to file annually on or before March 31 on forms approved by the Commission information on new construction, extensions, and additions to the utility’s property.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.105 & 757.105
PUC 4-2014, f. & cert. ef. 5-28-14
PUC 2-2013, f. & cert. ef. 3-21-13
PUC 12-2002, f. & cert. ef. 3-12-02
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0016 Accounting for Director’s Fees

Directors’ fees paid by an energy or large telecommunications utility to members of its board of directors, who are also paid as officers of the energy or large telecommunications utility, shall not be recognized as a charge to operating expenses in Oregon.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.110 & 759.115
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0020 Form and Filing of Applications

(1) The Commission will furnish such information from the records on file as will assist in a full presentation of material facts for the following application forms.

(2) When any document required to be filed under these rules has heretofore been filed with the Commission, it shall be sufficient if the application makes reference to such filing and the capacity in which it was filed.

(3) Where the words "none" or "not applicable" truly and completely state the fact, they should be used in answering the requirement of any particular section of this rule.

(4) The Commission may require additional information when it appears to be pertinent in a particular case.

(5) Whenever these rules require the energy or large telecommunications utility to file financial statements, they shall be prepared as of the latest date available. The Income Statement shall be for the most recent 12-month period.

[ED. NOTE: Forms referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.105
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0025 Applications for Authority to Sell, Lease, Assign, Mortgage, Merge, Consolidate or Otherwise Dispose of or Encumber its Property, or to Acquire Stock, Bonds, or Property of Another Utility

(1) The requirements of this rule will apply to any energy or large telecommunications utility seeking authority under ORS 757.480, 757.485, 759.375, and 759.380. Every applicant shall set forth in its application to the Commission, in the manner and form indicated, the following information, which should, to the extent possible, be furnished for each person, firm, or corporation involved.

(a) The exact name and address of the utility’s principal business office;

(b) The state in which incorporated, the date of incorporation, and the other states in which authorized to transact utility operations;

(c) Name and address of the person on behalf of applicant authorized to receive notices and communications in respect to the applications;

(d) The names, titles, and addresses of the principal officers;

(e) A description of the general character of the business done and to be done, and a designation of the territories served, by counties and states;

(f) A statement, as of the date of the balance sheet sááubmitted with the application, showing for each class and series of capital stock: brief description; the amount authorized (face value and number of shares); the amount outstanding (exclusive of any amount held in the treasury); amount held as reacquired securities; amount pledged; amount owned by affiliated interests; and amount held in any fund;

(g) A statement, as of the date of the balance sheet submitted with the application, showing for each class and series of long-term debt and notes: brief description (amount, interest rate and maturity); amount authorized; amount outstanding (exclusive of any amount held in the treasury); amount held as reacquired securities; amount pledged; amount held by affiliated interests; and amount in sinking and other funds;

(h) Whether the application is for disposition of facilities by sale, lease, or otherwise, a merger or consolidation of facilities, or for mortgaging or encumbering its property, or for the acquisition of stock, bonds, or property of another utility, also a description of the consideration, if any, and the method of arriving at the amount thereof;

(i) A statement and general description of facilities to be disposed of, consolidated, merged, or acquired from another utility, giving a description of their present use and of their proposed use after disposition, consolidation, merger, or acquisition. State whether the proposed disposition of facilities or plan for consolidation, merger, or acquisition includes all the operating facilities of the parties to the transaction;

(j) A statement by primary account of the cost of the facilities and applicable depreciation reserve involved in the sale, lease, or other disposition, merger or consolidation, or acquisition of property of another utility. If original cost is not known, an estimate of original cost based, to the extent possible, upon records or data of the applicant or its predecessors must be furnished, a full explanation of the manner in which such estimate has been made, and a statement indicating where all existing data and records may be found;

(k) A statement as to whether or not any application with respect to the transaction or any part thereof, is required to be filed with any federal or other state regulatory body;

(l) The facts relied upon by applicants to show that the proposed sale, lease, assignment, or consolidation of facilities, mortgage or encumbrance of property, or acquisition of stock, bonds, or property of another utility will be consistent with the public interest;

(m) The reasons, in detail, relied upon by each applicant, or party to the application, for entering into the proposed sale, lease, assignment, merger, or consolidation of facilities, mortgage or encumbrance of property, acquisition of stock, bonds, or property of another utility, and the benefits, if any, to be derived by the customers of the applicants and the public;

(n) The amount of stock, bonds, or other securities, now owned, held or controlled by applicant, of the utility from which stock or bonds are proposed to be acquired; and

(o) A brief statement of franchises held, showing date of expiration if not perpetual, or, in case of transfer, that transferee has the necessary franchises.

(2) Required Exhibits. There shall be filed with the application as part thereof the following exhibits:

(a) EXHIBIT A. A copy of the charter or articles of incorporation with amendments to date;

(b) EXHIBIT B. A copy of the bylaws with amendments to date;

(c) EXHIBIT C. Copies of all resolutions of directors authorizing the proposed disposition, merger, or consolidation of facilities, mortgage or encumbrance of property, acquisition of stock, bonds, or property of another utility, in respect to which the application is made and, if approval of stockholders has been obtained, copies of the resolutions of the stockholders should also be furnished;

(d) EXHIBIT D. Copies of all mortgages, trust, deeds, or indentures, securing any obligation of each party to the transaction;

(e) EXHIBIT E. Balance sheets showing booked amounts, adjustments to record the proposed transaction and pro forma, with supporting fixed capital or plant schedules in conformity with the forms in the annual report, which applicant(s) is required, or will be required, to file with the Commission;

(f) EXHIBIT F. A statement of all known contingent liabilities, except minor items such as damage claims and similar items involving relatively small amounts, as of the date of the application;

(g) EXHIBIT G. Comparative income statements showing recorded results of operations, adjustments to record the proposed transaction and pro forma, in conformity with the form in the annual report which applicant(s) is required, or will be required, to file with the Commission;

(h) EXHIBIT H. An analysis of surplus for the period covered by the income statements referred to in Exhibit G;

(i) EXHIBIT I. A copy of each contract in respect to the sale, lease or other proposed disposition, merger or consolidation of facilities, acquisition of stock, bonds, or property of another utility, as the case may be, with copies of all other written instruments entered into or proposed to be entered into by the parties to the transaction pertaining thereto;

(j) EXHIBIT J. A copy of each proposed journal entry to be used to record the transaction upon each applicant’s books; and

(k) EXHIBIT K. A copy of each supporting schedule showing the benefits, if any, which each applicant relies upon to support the facts as required by subsection (1)(l) of this rule and the reasons as required by subsection (1)(m) of this rule.

(3) Utilities may use the following form in lieu of filing under sections (1) and (2) of this rule when permitted to do so by the Commission: [Form not included. See ED. NOTE.]

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.105, 757.480, 757.485, 759.375 & 759.380
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 13-1997, f. & cert. ef. 11-12-97
PUC 8-1995, f. & cert. ef. 8-30-95 (Order No. 95-858)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0030 Application by an Energy or Large Telecommunications Utility for Authority to Issue Stocks, Bonds, Notes, or Other Securities

(1) The requirements of this rule will apply to any energy or large telecommunications utility seeking authority under ORS 757.495, 757.405 through 757.435, 757.445, 757.450, 759.390, 759.305 through 759.345, 759.355, and 759.360. Every applicant shall set forth in this application to the Commission, in the manner and form and in the order indicated, the following information:

(a) The applicant’s exact name and the address of its principal business office;

(b) The state in which incorporated, the date of incorporation, and the other states in which authorized to transact utility business;

(c) Name and address of person authorized, on behalf of applicant, to receive notices and communications in respect to application;

(d) The names, titles and addresses of the principal officers of the applicant;

(e) A description of the general character of the business done and to be done, and a designation of the territories served. A map showing the territories served is desirable;

(f) A statement, as of the date of the balance sheet submitted with the application, showing for each class and series of capital stock: brief description; the amount authorized (face value and number of shares); the amount outstanding (exclusive of any amount held in the treasury), held amount as reacquired securities; amount pledged by applicant; amount owned by affiliated interests, and amount held in any fund;

(g) A statement, as of the date of the balance sheet submitted with the application, showing for each class and series of long-term debt or notes: brief description (amount, interest rate and maturity); amount authorized; amount outstanding (exclusive of any amount held in the treasury); amount held as reacquired securities; amount pledged by applicant; amount held by affiliated interests; and amount in sinking and other funds;

(h) A full description of the securities proposed to be issued, showing: kind and nature of securities or liabilities; amount (face value and number of shares); interest or dividend rate, if any; date of issue and date of maturity; and voting privileges, if any;

(i) A reasonably detailed and precise description of the proposed transaction, including a statement of the reasons why it is desired to consummate the transaction and the anticipated effect thereof. If the transaction is part of a general program, describe the program and its relation to the proposed transaction. Such description shall include, but is not limited to, the following:

(A) A description of the proposed method of issuing and selling the securities;

(B) A statement of whether such securities are to be issued pro rata to existing holders of the applicant’s securities or issued pursuant to any preemptive right or in connection with any liquidation or reorganization;

(C) A statement showing why it is in applicant’s interest to issue securities in the manner proposed and the reason(s) why it selected the proposed method of sale; and

(D) A statement that exemption from the competitive bidding requirements of any federal or other state regulatory body has or has not been requested or obtained, and a copy of the action taken thereon when available.

(j) The name and address of any person receiving or entitled to a fee for service (other than attorneys, accountants and similar technical services) in connection with the negotiation or consummation of the issuance or sale of securities, or for services in securing underwriters, sellers or purchasers of securities, other than fees included in any competitive bid; the amount of each such fee, and facts showing the necessity for the services and that the fee does not exceed the customary fee for such services in arm’s-length transactions and is reasonable in the light of the cost of rendering the service and any other relevant factors;

(k) A statement showing both in total amount and per unit the price to the public, underwriting commissions and net proceeds to the applicant. Supply also the information (estimated if necessary) required in section (4) of this rule. If the securities are to be issued directly for property, then a full description of the property to be acquired, its location, its original cost (if known) by accounts, with the identification of the person from whom the property is to be acquired, must be furnished. If original cost is not known, an estimate of original cost based, to the extent possible, upon records or data of the seller and applicant or their predecessors must be furnished, with a full explanation of how such estimate has been made, and a description and statement of the present custody of all existing pertinent data and records. A statement showing the cost of all additions and betterments and retirements, from the date of the original cost, should also be furnished;

(l) Purposes for which the securities are to be issued. Specific information will be submitted with each filing for the issuance of bonds, stocks or securities:

(A) Construction, completion, extension or improvement of facilities. A description of such facilities and the cost thereof;

(B) Reimbursement of the applicant’s treasury for expenditures against which securities have not been issued. A statement giving a general description of such expenditures, the amounts and accounts to which charged, the associated credits, if any, and the periods during which the expenditures were made;

(C) Refunding or discharging of obligations. A description of the obligations to be refunded or discharged, including the character, principal amounts discount or premium applicable thereto, date of issue and date of maturity, purposes to which the proceeds were applied and all other material facts concerning such obligations; and

(D) Improvement or maintenance of service. A description of the type of expenditure and the estimated cost in reasonable detail;

(m) A statement as to whether or not any application, registration statement, etc., with respect to the transaction or any part thereof, is required to be filed with any federal or other state regulatory body;

(n) The facts relied upon by the applicant to show that the issue:

(A) Is for some lawful object within the corporate purposes of the applicant;

(B) Is compatible with the public interest;

(D) Will not impair its ability to perform that service;

(E) Is reasonably necessary or appropriate for such purposes; and

(F) If filed under ORS 757.495, is fair and reasonable and not contrary to public interest;

(o) A brief statement of all rights to be a corporation, franchises, permits and contracts for consolidation, merger or lease included as assets of the applicant or any predecessor thereof, the amounts actually paid as consideration therefore, respectively, and the facts relied upon to show the issuance of the securities for which approval is requested will not result in the capitalization of the right to be a corporation or of any franchise, permit or contract for consolidation, merger or lease in excess of the amount (exclusive of any tax or annual charge) actually paid as the consideration for such right, franchise, permit or contract; and

(p) If filed under ORS 757.490, 757.495, 759.385, or 759.390:

(A) A statement describing the relationship between the utility and the affiliated interest as defined in ORS 757.015, 757.490, 759.010, or 759.385:

(i) Set forth the amount, kind and ratio to total voting securities held, if applicable;

(ii) A list of all officers and directors of the affiliated interest who are also officers and/or directors of the applicant; and

(iii) State the pecuniary interest of any officer or director in compliance with ORS 757.490(1) or 759.385(1).

(B) The reasons, in detail, relied upon by the utility for entering into the proposed transaction and the benefits, if any customers of the utility and the general public will derive from the transaction.

(2) Required Exhibits. There shall be filed with the application as part thereof the following exhibits:

(a) EXHIBIT A. A copy of the applicant’s charter or articles of incorporation with amendments to date;

(b) EXHIBIT B. A copy of the bylaws with amendments to date;

(c) EXHIBIT C. A copy of each resolution of directors authorizing the issue in respect to which the application is made and, if approval of stockholders has been obtained, copies of the stockholder resolutions should also be furnished;

(d) EXHIBIT D. A copy of mortgage, indenture, or other agreement under which it is proposed to issue the securities, also a copy of any mortgage, indenture, or other agreement securing other funded obligations of the applicant;

(e) EXHIBIT E. Balance sheets showing booked amounts, adjustments to record the proposed transaction and pro forma, with supporting fixed capital or plant schedules in conformity with the form in the annual report which applicant is required to file with the Commission;

(f) EXHIBIT F. A statement of all known contingent liabilities, except minor items such as damage claims and similar items involving relatively small amounts, as of the date of the application;

(g) EXHIBIT G. Comparative income statements showing recorded results of operations, adjustments to record the proposed transaction and pro forma in conformity with the form in the annual report which applicant is required to file with the Commission;

(h) EXHIBIT H. An analysis of surplus for the period covered by the income statements referred to in Exhibit G;

(i) EXHIBIT I. A copy of registration statement proper, if any, and financial exhibits made a part thereof, filed with the Securities and Exchange Commission;

(j) EXHIBIT J. A copy of the proposed and of the published invitation of proposals for the purchase of underwriting of the securities to be issued; of each proposal received; and of each contract, underwriting, and other arrangement entered into for the sale or marketing of the securities. When a contract or underwriting is not in final form so as to permit filing, a preliminary draft or a summary identifying parties thereto and setting forth the principal terms thereof, may be filed pending filing of conformed copy in the form executed by final amendment to the application;

(k) EXHIBIT K. Copies of the stock certificates, notes, or other evidences of indebtedness proposed to be issued;

(l) Application for a utility to loan its funds to an affiliated interest, in addition to Exhibits A through K, shall also include the following:

(A) EXHIBIT L. Copies of all proposed or existing contracts or agreements entered into by the parties to the transaction;

(B) EXHIBIT M. The amount of money which the applicant desires to loan to the affiliated interest, the terms of said loan, rate of interest, method of repayment, security given, if any, and if said loan is to be an open account or evidenced by a promissory note; and

(m) An application for a utility to give credit on its books or otherwise by:

(A) Advancing cash through an open or loan account, in addition to EXHIBITS A through K, shall also include the following:

(i) EXHIBIT L. Copies of all proposed or existing contracts or agreements entered into by the parties to the transaction;

(ii) EXHIBIT M. The amount of cash which the applicant proposes to receive, the rate of interest it will pay, the date and method of repayment; and

(iii) EXHIBIT N. A definite statement of purpose for which the advance will be used.

(B) Payments by the affiliated interest of amounts owed, in addition to EXHIBITS A through K, shall include the following:

(i) EXHIBIT L. Copies of all proposed or existing contracts or agreements entered into by the parties to the transaction; and

(ii) EXHIBIT M. The amount which the affiliated interest proposes to pay on the utility’s behalf, with a description of the obligation, how the funds will be used and how incurred.

(C) Credits or open accounts a utility proposes to give to an affiliated interest, in addition to EXHIBITS A through K, shall include the following:

(i) EXHIBIT L. Copies of all proposed or existing contracts or agreements entered into by the parties to the transaction; and

(ii) EXHIBIT M. The amount and a description of each item for which the utility proposes to give credit through its loan or open account.

(3) The following form of application may be filed by all utilities with annual revenues of less than $100,000 seeking authority to issue promissory notes maturing more than one year after date of issue or renewal and unsecured notes on motor vehicles in the principal amount of less than $10,000. In the instances when this provision is proper, the requirements of sections (1) and (2) of this rule do not apply. The Commission may require compliance with sections (1) and (2) of this rule if the Commission deems it necessary in a particular case. [Form not included. See ED. NOTE.]

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.105, 757.405 - 757.435, 757.445, 757.450, 759.305 - 759.320, 759.360 & 759.375
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 8-1995, f. & cert. ef. 8-30-95 (Order No. 95-858)
PUC 21-1990, f. & cert. ef. 12-31-90 (Order No. 90-1904)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0031 When the Commission May Reregulate Financings of Exempt Telecommunications Utilities

If any bond rating made by Standard and Poor’s, Moody’s, or Fitch for a large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(2) falls below "A," the Commission may find that reregulation of the large telecommunications utility under ORS 759.310 and 759.315(2) is necessary to prevent the impairment of service to customers.

History

Statutory/Other Authority: ORS 183.335, 756.060 & 759
Statutes/Other Implemented: ORS 759.040 & 759.045
PUC 27-2001, f. & cert. ef. 12-28-01
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 8-1994, f. & cert. ef. 4-15-94 (Order No. 94-555)

Or. Admin. R. 860-027-0032 Information Required Concerning Financings of Exempt Large Telecommunications Utilities

(1) Any large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(2) shall, within 30 days of issuing securities, provide to the Commission, in writing, the following information:

(a) The type of security involved in the issuance;

(b) The amount of securities involved in the issuance; and

(2) Any large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(2) shall, within 90 days of issuing securities, provide to the Commission, in writing, the information required by OAR 860-027-0030(4).

(3) Any large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(2) shall maintain its records in a manner which allows the Commission to determine whether the terms of any issuance of securities are reasonable.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045, 759.310 & 759.315
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 8-1994, f. & cert. ef. 4-15-94 (Order No. 94-555)

Or. Admin. R. 860-027-0035 Applications by a Utility for Authority to Guarantee Indebtedness

(1) The requirements of this rule will apply to any energy or large telecommunications utility seeking authority under ORS 757.440 and 759.350. Every applicant shall set forth in its application to the Commission, in the manner and form indicated, the following information which should, to the extent possible, be furnished for each person, firm, or corporation involved:

(a) The information required by OAR 860-027-0030(1)(a) to (g) inclusive;

(b) A full description of the securities for which applicant proposes to assume obligation or liability as guarantor, endorser, surety or otherwise;

(d) A statement as to whether or not any application with respect to the transaction or any part thereof is required to be filed with any federal or other state regulatory body;

(e) The reasons, in detail, why it is in applicant’s interest to guarantee such securities;

(f) The reasons, in detail, why it is necessary for applicant to guarantee such securities; and

(g) The facts relied upon by the applicant to show the assumption is:

(A) For some lawful object within the applicant’s corporate purposes and compatible with the public interest;

(B) Necessary or appropriate for or consistent with the applicant’s proper performance of service as a public or telecommunications utility;

(D) Reasonably necessary or required for such purposes.

(2) Required Exhibits. There shall be filed with the application as part thereof the following exhibits:

(a) EXHIBIT A. A copy of the applicant’s charter or articles of incorporation with amendments to date;

(b) EXHIBIT B. A copy of the bylaws with amendments to date;

(c) EXHIBIT C. Copies of all resolutions of directors authorizing the assumption in respect to which the application is made and, if stockholders’ approval has been obtained, a copy of the stockholders’ resolution should also be furnished;

(d) EXHIBIT D. A copy of any mortgage, indenture, or other agreement securing any security which it proposes to guarantee; also, a copy of any mortgage, indenture, or other agreement securing applicant’s funded obligations;

(e) EXHIBIT E. Balance sheets with supporting fixed capital or plant schedules in conformity with the form set forth in the annual report which applicant is required to file with the Commission;

(f) EXHIBIT F. A statement of all known contingent liabilities, except minor items such as damage claims and similar items involving relatively small amounts at the date of the application;

(g) EXHIBIT G. Comparative income statements in conformity with the form set forth in the annual report which applicant is required to file with the Commission;

(h) EXHIBIT H. An analysis of surplus for the period covered by the income statements referred to in Exhibit G; and

(i) EXHIBIT I. A statement showing the present market value or other basis of determining the value of the securities to be guaranteed.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.440 & 759.335
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0040 Applications for Approval of Transactions Between Affiliated Interests

(1) Except as provided in sections (3) and (4) of this rule, the requirements of this rule will apply to any energy or large telecommunications utility seeking authority under ORS 757.490, 757.495, 759.385, and 759.390. An application for financing to an affiliated interest shall be made under OAR 860-027-0030.

(2) Every applicant shall set forth in its application to the Commission, in the manner and form indicated, the following information:

(a) The applicant’s exact name and the address of its principal business office;

(b) The name and address of the person authorized, on the utility’s behalf, to receive notices, inquiries, and communications regarding the information;

(c) A statement describing the relationship between the utility and the contracting entity as defined by ORS 757.015, 757.490, 759.010, or 759.385;

(d) The amount, kind, and ratio to total voting securities held, if applicable;

(e) A list of all officers and directors of the affiliated interest who are also officers or directors of the applicant;

(f) The pecuniary interest, directly or indirectly, of any officer or director who is a party to the contract;

(g) A description of the goods or services to be provided, the cost incurred in providing each of the goods or services, the market value of the goods or services if different from the costs, and the method or methods proposed for pricing those goods or services;

(h) An estimate of the amount the utility will pay annually for the goods or services and the accounts in which it will record the charges;

(i) The reasons, in detail, relied upon by the utility for procuring the proposed goods or services from the affiliate and benefits, if any, utility customers and the general public will derive from the provision of goods or services;

(j) A description of the procurement process and the reasons, in pertinent detail appropriate to the complexity of the procurement, relied upon by the utility for procuring the proposed goods or services without a competitive procurement process, if such a process is not used;

(k) Transfer prices in contracts or agreements for the procurement of goods or services under competitive procurement shall be presumed to be the market value, subject to evaluation of the procurement process;

(l) A copy of the proposed contract or agreement between the utility and the contracting entity; and

(m) Copies of all resolutions of directors authorizing the proposed transactions and, if stockholders’ approval has been obtained, copies of the resolutions approved by the stockholders.

(3) This rule shall not apply to utilities seeking to purchase or contracting to purchase, directly or indirectly, from any person or corporation having an affiliated interest as defined in ORS 757.015 or 759.010 or any corporation defined in 757.490(1) or 759.385(1):

(a) Any service provided under a rate or schedule of rates filed with the Commission under ORS 757.210 or 759.180; or

(b) Any service provided under a rate or schedule of rates which:

(A) Has been filed with an agency charged with the regulation of utilities,

(B) Has been approved as just and reasonable or in compliance with another comparable standard, and

(4) This rule shall not apply to telecommunications utilities electing price cap regulation under ORS 759.405 and 759.410.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.005, 757.015, 757.490, 757.495, 759.005, 759.010, 759.385 & 759.390
PUC 18-2001, f. & cert. ef.6-21-01
PUC 8-2001, f. & cert. ef. 3-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 15-1994, f. & cert. ef. 12-28-94 (Order No. 94-1953)
PUC 21-1990-A, f. 10-11-91, cert. ef. 12-31-90 (Order No. 90-1904)
PUC 21-1990, f. & cert. ef. 12-31-90 (Order No. 90-1904)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0041 Information Required for Utility Goods or Services Provided to Affiliated Interests

(1) Except as provided in section (4) of this rule, this rule applies to any energy or large telecommunications seeking to provide or contracting to provide, directly or indirectly, to any person or corporation having an affiliated interest as defined in ORS 757.015 or 759.010 or any corporation defined in 757.490(1) or 759.385(1), service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legal, or other services, or enter revenues or credits therefore on its books. This rule does not apply to transactions subject to 757.490, 757.495, 759.385, or 759.390 and OAR 860-027-0040.

(2) An energy or large telecommunications utility’s failure to submit this required information shall not limit the Commission’s authority to recognize or impute revenues to the utility pursuant to such contract in any rate valuation or other hearing or proceeding.

(3) For transactions provided in section (1) of this rule, every energy or large telecommunications utility shall submit to the Commission, in the manner and form indicated, the following information:

(a) Its exact name and the address of its principal business office;

(b) The name of the person authorized on the energy or large telecommunications utility’s behalf to receive notices, inquiries, and communications regarding the information;

(c) A statement describing the relationship between the energy or large telecommunications utility and the other contracting entity as defined by ORS 757.015, 757.490, 759.010, or 759.385;

(d) The pecuniary interest, directly or indirectly, of any officer or director who is a party to the contract;

(e) A description of the goods or services to be provided, the costs incurred in providing those goods or services, the market value of the goods or services if different from the costs, and the method or methods proposed for pricing those goods or services;

(f) An estimate of the amount the energy or large telecommunications utility will receive annually for the goods or services and the accounts in which it will record the payments;

(g) The reasons relied upon by the energy or large telecommunications utility for providing the proposed goods or services and the benefits, if any, utility customers and the general public will derive from the provision of goods or services;

(h) A copy of the contract or agreement between the energy or large telecommunications utility and the contracting entity that is the subject of this filing; and

(i) Copies of all resolutions of directors of the energy or large telecommunications utility authorizing the proposed transactions and, if approval of the utility’s stockholders was obtained, copies of the resolutions approved by the stockholders.

(4) This rule shall not apply to energy or large telecommunications utilities seeking to provide or contracting to provide, directly or indirectly, to any person or corporation having an affiliated interest as defined in ORS 757.015 or 759.010 or any corporation defined in ORS 757.490(1) or 759.385(1):

(a) Any service provided under a rate or schedule of rates filed with the Commission under ORS 757.210 or 759.180; or

(b) Any service provided under a rate or schedule of rates which:

(A) Has been filed with an agency charged with the regulation of energy or large telecommunications utilities;

(B) Has been approved as just and reasonable or in compliance with another comparable standard; and

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.005, 757.015, 757.490, 759.005 & 759.385
PUC 18-2001, f. & cert. ef. 6-21-01
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 21-1990-A, f. 10-11-91, cert. ef. 12-31-90 (Order No. 90-1904)
PUC 21-1990, f. & cert. ef. 12-31-90 (Order No. 90-1904)

Or. Admin. R. 860-027-0042 Timeliness of Application Made Under OAR 860-027-0040 and Filings Made Under OAR 860-027-0041

Applications made under OAR 860-027-0040 and filings made under OAR 860-027-0041 shall occur no later than 90 days after the execution of the contract giving rise to the application or filing. The contract shall be deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.005, 757.015, 757.490, 757.495, 759.005, 759.010, 759.385 & 759.390
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 21-1990, f. & cert. ef. 12-31-90 (Order No. 90-1904)

Or. Admin. R. 860-027-0043 Application for Waiver of Requirements Under OARs 860-027-0040 and 860-027-0041

The Commission will not waive the requirements of OAR 860-027-0040 or 860-027-0041 for any transactions exceeding 0.1 percent of the previous calendar year’s Oregon utility operating revenues unless the transaction or transactions can be demonstrated in advance to be fair and reasonable and not contrary to the public interest.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.015, 757.490 & 757.495
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 12-1992, f. & cert. ef. 7-8-92 (Order No. 92-963)
PUC 21-1990-A, f. 10-11-91, cert. ef. 12-31-90 (Order No. 90-1904)
PUC 21-1990, f. & cert. ef. 12-31-90 (Order No. 90-1904)

Or. Admin. R. 860-027-0044 Application for Waiver Requirements by Large Telecommunications Utilities Under OARs 860-027-0040 and 860-027-0041

The Commission will not grant a request by a large telecommunications utility for a waiver of OAR 860-027-0040 or 860-027-0041 for any transactions that:

(1) Are subject to ORS 759.385(4), 759.390(7) or 759.394; or

(2) Exceed 0.1 percent of the previous calendar year’s Oregon utility operating revenues.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.005, 759.010, 759.385 & 759.390
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 12-1992, f. & cert. ef. 7-8-92 (Order No. 92-963)

Or. Admin. R. 860-027-0045 Uniform System of Accounts for Electric Utilities — Major and Nonmajor

(1) The Uniform System of Accounts prescribed for Public Utilities and Licensees, Part 101, Chapter 1, 18 Code of Federal Regulations (April 1, 2013, edition) is hereby adopted and prescribed by the Commission for each electric company.

(2) Each electric company having multistate operations must maintain records in such detail that the cost of property located in and business done in Oregon in accordance with geographic boundaries can be readily ascertained.

(3) Each electric company having multistate operations must file annually its Oregon allocated results of operations using allocation methods acceptable to the Commission. The results of operations report must be filed with the Commission on or before May 1 of each year.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.105, 757.120, 757.125 & 757.135
PUC 4-2014, f. & cert. ef. 5-28-14
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 19-2001, f. & cert. ef. 6-21-01
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 3-1992, f. & cert. ef. 2-14-92 (Order No. 92-246)
PUC 5-1985, f. & ef. 4-24-85 (Order No. 85-355)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0048 Allocation of Costs by an Energy Utility

(1) As used in this rule:

(a) "Affiliate" means a corporation or person who has an affiliated interest, as defined in ORS 757.015, with an energy utility;

(b) "Approved rates" means rates established by the Commission or FERC;

(c) "Asset" means any tangible or intangible property of an energy utility or other right, entitlement, business opportunity, or other thing of value to which an energy utility holds claim that is recorded or should be recorded as a capital expenditure in the energy utility’s financial statements. All energy utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered an asset, a service, or supplies;

(d) "Commission" means the Public Utility Commission of Oregon;

(e) "Cost" means fully distributed cost, including the energy utility’s authorized rate of return and all overheads;

(f) "Energy utility" is that defined in OAR 860-027-0001(1);

(g) "Fair market value" means the potential sales price that could be obtained by selling an asset in an arm’s-length transaction to a nonaffiliated entity, as determined by commonly accepted valuation principles;

(h) "FERC" means the Federal Energy Regulatory Commission;

(i) "Market rate" means the lowest price that is available from nonaffiliated suppliers for comparable services or supplies;

(j) "Net book value" means original cost less accumulated depreciation;

(k) "Nonregulated activity" means an activity that is not a regulated activity of the energy utility as defined in subsection (1)(l) of this rule;

(l) "Regulated activity" means a Commission regulated activity that is provided by an energy utility directly or indirectly relating to the general operations of the energy utility such as production, transmission, delivery, or furnishing of heat, light, or power unless the Commission has determined the activity to be exempt from regulation;

(m) "Services" means labor-related activities including, but not limited to advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, and legal. All energy utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered an asset, a service, or supplies; and

(n) "Supplies" means any tangible or intangible property of an energy utility or other thing of value to which an energy utility holds claim that is recorded or should be recorded as an operating expense in the energy utility’s financial statements. All energy utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered an asset, a service, or supplies.

(2) Regulated and nonregulated activities of an energy utility shall be accounted for in accordance with OARs 860-027-0045, 860-027-0055, or 860-027-0065, as appropriate.

(3) The energy utility shall use the following cost allocation methods when transferring assets or supplies, or providing or receiving services between regulated and nonregulated activities:

(a) When an asset is transferred to regulated accounts from nonregulated accounts, the transfer shall be recorded in regulated accounts at the lower of net book value or fair market value.

(b) When an asset is transferred from regulated accounts to nonregulated accounts, the transfer shall be recorded in regulated accounts at the approved rate if an appropriate rate is on file with the Commission or with FERC. If no approved rate is applicable, proceeds from the transfer shall be recorded in regulated accounts at the higher of net book value or fair market value.

(c) When an asset is transferred from regulated accounts to nonregulated accounts at a fair market value that is greater than net book value, the difference shall be a gain to the regulated activity. The energy utility shall record the gain so the Commission can determine the proper disposition of the gain in a subsequent rate proceeding.

(d) When services or supplies are transferred or provided by a regulated activity to a nonregulated activity, transfers shall be recorded in regulated revenue accounts at the approved rate if an applicable rate is on file with the Commission or with FERC. If services or supplies are not transferred or provided pursuant to an approved rate, transfers shall be recorded in regulated accounts at the energy utility’s cost or the market rate, whichever is higher. Approved rates shall be established as appropriate.

(e) When services or supplies (except for generation) are transferred or provided to a regulated activity by a nonregulated activity, transfers shall be recorded in regulated accounts at the nonregulated activity’s cost or the market rate, whichever is lower. The nonregulated activity’s cost shall be calculated using the energy utility’s most recently authorized rate of return.

(f) For generation, when services or supplies are transferred or provided to a regulated activity by a nonregulated activity, transfers shall be recorded in regulated accounts at the market rate.

(g) Income taxes shall be calculated for the regulated activity on a standalone basis for both ratemaking purposes and regulatory reporting. When income taxes are determined on a consolidated basis, the regulated activity shall record income tax expense as if it were determined for the regulated activity separately for all time periods.

(4) The energy utility shall use the following cost allocation methods when transferring assets or supplies or providing or receiving services involving its affiliates:

(a) When an asset is transferred to an energy utility from an affiliate, the transfer shall be recorded in the energy utility’s accounts at the lower of net book value or fair market value.

(b) When an asset is transferred from an energy utility to an affiliate, the transfer shall be recorded in the energy utility’s accounts at the approved rate if an appropriate rate is on file with the Commission or with FERC. If no approved rate is applicable, proceeds from the transfer shall be recorded in the energy utility’s accounts at the higher of net book value or fair market value.

(c) When an asset is transferred from an energy utility’s accounts to an affiliate at a fair market value that is greater than net book value, the difference shall be a gain to the energy utility. The energy utility shall record the gain so the Commission can determine the proper disposition of the gain in a subsequent rate proceeding.

(d) When services or supplies are sold by an energy utility to an affiliate, sales shall be recorded in the energy utility’s revenue accounts at the approved rate if an applicable rate is on file with the Commission or with FERC. If services or supplies are not sold pursuant to an approved rate, sales shall be recorded in the energy utility’s accounts at the energy utility’s cost or the market rate, whichever is higher. Approved rates shall be established as appropriate.

(e) When services or supplies (except for generation) are sold to an energy utility by an affiliate, sales shall be recorded in the energy utility’s accounts at the approved rate if an applicable rate is on file with the Commission or with FERC. If services or supplies (except for generation) are not sold pursuant to an approved rate, sales shall be recorded in the energy utility’s accounts at the affiliate’s cost or the market rate, whichever is lower.

(f) For generation, when services or supplies are sold to an energy utility by an affiliate, sales shall be recorded in regulated accounts at the market rate.

(g) When services or supplies are sold to an energy utility by an affiliate under contract, the transfer price shall be based upon the tariff or terms of the contract approved by the Commission Order under ORS 757.495.

(h) Income taxes shall be calculated for the energy utility on a standalone basis for both ratemaking purposes and regulatory reporting. When income taxes are determined on a consolidated basis, the energy utility shall record income tax expense as if it were determined for the energy utility separately for all time periods.

(5) Each energy utility shall maintain a current cost allocation manual on file with the Commission. The cost allocation manual shall contain the following:

(a) A description of each of the energy utility’s nonregulated activities and affiliates (or a referral to such a description already on file with the Commission);

(b) A chart showing the energy utility’s nonregulated activities and affiliates (or a referral to such a chart already on file with the Commission); and

(c) A detailed description of the methods used by the energy utility to allocate costs to nonregulated activities and affiliates including the method used by the energy utility to calculate costs that are applied to sales or transfers with nonregulated activities and transactions with affiliates.

(6) The energy utility must file its initial cost allocation manual within 180 days of the effective date of this rule. The cost allocation manual shall also be filed annually as an appendix to the Affiliated Interest Report required under OAR 860-027-0100.

(7) When an energy utility proposes any change to cost allocation methods in the cost allocation manual previously filed with the Commission, the utility shall file the proposed change with the Commission no less than 45 days before the effective date of the change. The changes shall go into effect unless rejected by the Commission before the effective date of the change.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.490 & 757.495
PUC 25-2003, f. & cert. ef. 12-11-03

Or. Admin. R. 860-027-0050 Uniform System of Accounts for Large Telecommunications Utilities

(1) The Uniform System of Accounts for Telecommunications Companies, Part 32, adopted by the Federal Communications Commission (FCC) on February 6, 2002, is hereby adopted and prescribed for all large telecommunications utilities except as modified for intrastate purposes in sections (2) through (5) of this rule.

(2) A large telecommunications utility may follow Class B accounting except when Class A accounting is needed to complete intrastate depreciation and jurisdictional separation studies, to provide the details requested in annual reports under OAR 860-027-0070, and to comply with other Oregon rules and statutes.

(3) The allocation rules in Part 32, Section 32.27, are replaced by OAR 860-027-0052(3).

(4) For construction work in progress and property held for future use, each large telecommunications utility shall maintain subsidiary records consistent with ORS 759.285.

(5) Each large telecommunications utility shall maintain subsidiary records sufficient to separately identify the following deferred taxes, universal service fund collection, revenues, and expenses:

(a) Federal and state net noncurrent deferred operating income taxes (Account 4340).

(b) Federal universal service fund collection (Account 5081).

(d) State universal service fund collection and contribution (Account 4010).

(e) Interstate and intrastate switched access revenue (Account 5082).

(f) Interstate and intrastate special access revenue (Account 5083).

(g) Miscellaneous Revenues (Account 5200):

(A) Directory revenues, including amounts derived from alphabetical and classified sections of directories and fees paid by other entities for the right to publish the large telecommunications utility's directories; the classified section of the directories; the sale of new telephone directories whether they are the large telecommunications utility's own directories or directories purchased from others; additional and boldface listings, marginal displays, inserts, and other advertisements in the alphabetical sections of the telephone directories; and unlisted and nonpublished telephone numbers;

(B) Interstate and intrastate carrier billing and collection revenues derived from the provision to other telecommunications providers for services such as message recording, billing, collection, billing analysis, and billing information services, whether rendered under tariff or contractual arrangements; and

(h) Distributions from the federal USF and the Oregon USF.

(i) Depreciation expenses related to telecommunications plant in service, depreciation expense related to property held for future use, and amortization expense.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.105, 759.120, 759.125 & 759.130
PUC 3-2013, f. & cert. ef. 5-17-13
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 8-1981, f. & ef. 9-8-81 (Order No. 81-626); PUC 5-1985, f. & ef. 4-24-85 (Order No. 85-355); PUC 13-1987, f. & ef. 11 -16-87 (Order No. 87-1176); PUC 17-1989, f. & cert. ef. 12-14-89 (Order No. 89-1508/89-1672); PUC 6-1998, f. & cert. ef. 3-13-98; PUC 3-2000, f. & cert. ef. 2-9-00; PUC 9-2000, f. & cert. ef. 5-26-00; PUC 16-2000, f. & cert. ef. 9-12-00; PUC 4-2001, f. & cert. ef. 1-24-01; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 14-2002, f. & cert. ef. 3-26-02; PUC 8-2010, f. & cert. ef. 12-20-10

Or. Admin. R. 860-027-0052 Allocation of Costs by a Large Telecommunications Utility

(1) As used in this rule:

(a) "Affiliate Transaction" means a transfer of assets, a sale of supplies, or a sale of services between accounts for regulated activities of a large telecommunications utility and accounts for nonregulated activities of a separate entity that is either an affiliated interest or another company in which the large telecommunications utility owns a controlling interest. The term also means a transfer of assets, a sale of supplies, or a sale of services between accounts for the regulated and nonregulated activities of a single large telecommunications utility;

(b) "Asset" means any tangible or intangible property of a large telecommunications utility or other right, entitlement, business opportunity, or other thing of value to which a large telecommunications utility holds claim;

(c) "Cost" means fully distributed cost, including the large telecommunications utility’s authorized rate of return and all overheads;

(d) "Fair Market Value" means the potential sales price that could be obtained by selling an asset in an arm’s-length transaction to a nonaffiliated entity, as determined by commonly accepted valuation principles;

(e) "Market Rate" means the lowest price that is available from nonaffiliated suppliers for comparable services or supplies;

(f) "Net Book Value" means original cost less accumulated depreciation; and

(g) "Nonregulated Service" means a service that is not a telecommunications service as defined by ORS 759.005(2)(g), or a service that the Commission has determined to be exempt from regulation.

(2) A large telecommunications utility that provides both regulated and nonregulated intrastate service shall:

(a) Allocate intrastate investments, expenses, and revenues between regulated activities and nonregulated activities according to principles, procedures, and accounting requirements, which the Federal Communications Commission (FCC) adopted December 23, 1986, and amended on reconsideration September 17, 1987, in CC Docket No. 86-111, except as otherwise provided in this rule;

(b) Part 64, Subpart I, Allocation of Costs, adopted by the Federal Communications Commission on October 11, 2001, is hereby adopted and prescribed.

(3) A large telecommunications utility, which is subject to price caps under ORS 759.405, may account for its regulated and nonregulated intrastate activities in accordance with FCC Part 32, Section 32.27. For all other large telecommunications utilities, Section 32.27 is replaced as follows for intrastate purposes:

(a) When an asset is transferred to regulated accounts from nonregulated accounts:

(A) If the asset has an original cost of more than $100,000, the transfer shall be recorded in regulated accounts at the lower of net book value or fair market value.

(B) If the asset has an original cost of $100,000 or less, the transfer shall be recorded in compliance with Section 32.27.

(b) When an asset is transferred from regulated accounts to nonregulated accounts:

(A) If the asset has an original cost of more than $100,000, the transfer shall be recorded in regulated accounts at the tariff or price-listed rate if an appropriate tariff or price list is on file with the Commission. If no tariff or price list is applicable, proceeds from the transfer shall be recorded in regulated accounts at the higher of net book value or fair market value.

(B) If the asset has an original cost of $100,000 or less, the transfer shall be recorded in compliance with Section 32.27.

(c) When an asset is transferred from a regulated account to a nonregulated account at a fair market value that is greater than net book value, the difference shall be considered a gain to the regulated activity. The large telecommunications utility shall record the gain so the Commission can determine the proper disposition of the gain in a subsequent rate proceeding.

(d) When services or supplies are sold by a regulated activity to a nonregulated activity:

(A) If the annual value exceeds $100,000, sales shall be recorded in regulated revenue accounts at tariffed or price-listed rates if an applicable tariff or price list is on file with the Commission. Tariffed or price-listed rates shall be established whenever possible. If services or supplies are not sold pursuant to a tariff or price list, sales shall be recorded in regulated revenue accounts at the large telecommunications utility’s cost.

(B) If the annual value is $100,000 or less, the sales shall be recorded in compliance with Section 32.27.

(e) When services or supplies are sold to a regulated activity by a nonregulated activity:

(A) If the annual value exceeds $100,000, sales shall be recorded in regulated accounts at the nonregulated activity’s cost or the market rate, whichever is lower. The nonregulated activity’s cost shall be calculated using the large telecommunications utility’s most recently authorized rate of return.

(B) If the annual value is $100,000 or less, the sales shall be recorded in compliance with Section 32.27.

(f) Income taxes shall be allocated among the regulated activities of the large telecommunications utility, its nonregulated divisions, and members of an affiliated group. When income taxes are determined on a consolidated basis, the large telecommunications utility shall record income tax expense as if it were determined for the large telecommunications utility separately for all time periods.

(4) If a large telecommunications utility:

(a) Is subject to ORS 759.100 through 759.115 and provides both regulated and nonregulated intrastate service, the utility shall maintain a current intrastate cost allocation manual on file with the Commission. If the FCC requires the large telecommunications utility to file an interstate cost allocation manual, the utility shall also maintain a current copy of its interstate manual with the Commission.

(b) Is subject to price caps under ORS 759.405, the large telecommunications utility is not required to file an intrastate cost allocation manual with the Commission. A large telecommunications utility that is subject to price caps must file a copy of its annual 254(k) compliance filing and make information available to the Commission as needed to review the utility’s intrastate cost allocations to ensure that services included in the definition of universal service bear no more than a reasonable share of the joint and common costs of facilities used to provide those services.

(5) An intrastate cost allocation manual, if required under subsection (4) of this rule, shall contain the following:

(a) A description of each of the large telecommunications utility’s nonregulated intrastate activities;

(b) A list of all intrastate activities to which the large telecommunications utility now accords incidental accounting treatment, and the justification for treating each as incidental;

(d) A statement identifying affiliates that engage in or will engage in transactions with the large telecommunications utility for the purpose of providing nonregulated intrastate service and describing the nature, terms, and frequency of such transactions; and

(e) A detailed specification of the cost categories to which amounts in each account and subaccount of Part 32 will be assigned, and a detailed specification of the basis on which each cost category will be apportioned between regulated and nonregulated activities.

(6) Unless specifically allowed by the Commission, a cost allocation manual cannot be used to satisfy any other reporting requirement established by the Commission.

(7) The initial cost allocation manual filed by a large telecommunications utility pursuant to this rule must be filed with the Commission no less than 90 days before the manual’s effective date. The manual shall go into effect unless rejected by the Commission before the manual’s effective date.

(8) When a large telecommunications utility proposes any change to a cost allocation manual previously filed with the Commission, the utility shall file the proposed change with the Commission no less than 45 days before the effective date of the change. The changes shall go into effect unless rejected by the Commission before the effective date of the change.

(9) After the Commission has issued an order to exempt from regulation a telecommunications service provided by a large telecommunications utility that is subject to ORS 759.100 through 759.115, the affected utility shall file with the Commission either an initial cost allocation manual or a change to its previously filed manual.

(10) A large telecommunications utility that is required to file annual independent cost allocation audits with the FCC shall at the same time file copies of the annual audits with the Commission.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.105, 759.120, 759.125 & 759.130
PUC 24-2002, f. & cert. ef. 12-20-02
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 10-2000, f. & cert. ef. 5-26-00
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 8-1995, f. & cert. ef. 8-30-95 (Order No. 95-858)
PUC 15-1988, f. & cert. ef. 9-7-88 (Order No. 88-954)
PUC 24-1985, f. & ef. 12-12-85 (Order No. 85-1172)

Or. Admin. R. 860-027-0055 Uniform System of Accounts for Gas Utilities — Major and Nonmajor

(1) The Uniform System of Accounts prescribed for Natural Gas Companies, Part 201, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each gas utility.

(2) Each gas utility having multistate operations shall maintain records in such detail that the cost of property located in and business done in Oregon can be readily ascertained.

(3) Each gas utility having multistate operations shall file annually with the Commission, on or before April 1 of the ensuing year, its Oregon allocated results of operations for the calendar year reported, on the basis of allocation methods acceptable to the Commission.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.105, 757.120, 757.125 & 757.135
PUC 19-2001, f. & cert. ef. 6-21-01
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 5-l985, f. & ef. 4-24-85 (Order No. 85-355); PUC 3-1992, f. & cert. ef. 2-14-92 (Order No. 92-246); PUC 9-2001, f. & cert. ef. 3-21-01

Or. Admin. R. 860-027-0065 Uniform System of Accounts for Steam Heat Utilities — Class A, B, and C

The Uniform System of Accounts for Public Utilities and Licensees, Part 101, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each steam heat utility.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.105, 757.120, 757.125 & 757.135
PUC 19-2001, f. & cert. ef. 6-21-01
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0070 Annual Report Requirements for Electric, Gas, Steam Heat, and Large Telecommunications Utilities

(1) Annual Reports must be submitted by electric, gas, and steam heat utilities. The report must be submitted on or before May 1, using the most current forms approved by the Commission. For energy utilities, the annual reports include but are not limited to the FERC 1 (including the Oregon Supplement) or the FERC 2 (including the Oregon Supplement), and the Results of Operations.

(2) Annual Reports will be submitted by large telecommunications utilities. The report Form O for the previous calendar year shall be submitted on or before April 1, using the most current forms approved by the Commission. The report Form I for the previous calendar year shall be submitted on or before October 31 using the most current forms approved by the Commission.

[ED. NOTE: Forms referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 756.105, 757.120, 757.125, 757.135 & 759.225
PUC 4-2014, f. & cert. ef. 5-28-14
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 19-2000, f. & cert. ef. 12-28-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 2-1998, f. & cert. ef. 2-24-98
PUC 13-1997, f. & cert. ef. 11-12-97
PUC 3-1995, f. & cert. ef. 6-19-95 (Order No. 95-516)
PUC 9-1985, f. & ef. 6-25-85 (Order No. 85-574)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-027-0100 Reporting of Affiliated Transactions

(1) On forms approved and provided by the Commission:

(a) By June 1, all energy utilities shall file with the Commission a report of all affiliated interest, intercompany, and intracompany transactions which occurred during the period from January 1 through December 31 of the immediately preceding year.

(b) By April 1, all large telecommunications utilities shall file with the Commission a report of all affiliated interest contracts executed during the period from January 1 through December 31 of the immediately preceding year. The list shall consist of the names of the parties to the contracts, the dollar amounts of the contracts, and the dates of execution of the contracts.

(2) As used in this rule, "affiliated interest transactions" mean transactions between affiliated interests as defined by ORS 757.015 and 759.010.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.005, 757.015, 757.490, 757.495, 759.005, 759.010 & 759.385 - 759.393
PUC 18-2001, f. & cert. ef. 6-21-01
PUC 8-2001, f. & cert. ef. 3-21-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 10-1987, f. & ef. 10-8-87 (Order No. 87-898)

Or. Admin. R. 860-027-0120 Preservation and Destruction of Records

(1) Electric Companies. Preservation of Records of Public Utilities and Licensees, Part 125, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each electric company with the following exception: Corporate and General, Organizational documents — An electric company shall retain minute books of stockholders', directors', and directors' committee meetings for twenty-five years.

(2) Gas Utilities. The Preservation of Records of Public Utilities and Licensees, Part 225, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each gas utility with the following exception: Corporate and General, Organizational documents — A gas utility shall retain minute books of stockholders', directors', and directors' committee meetings for twenty-five years.

(3) Steam Heat Utilities. The Preservation of Records of Public Utilities and Licensees, Part 125, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each steam heat utility with the following exception: Corporate and General, Organizational documents — A steam heat utility shall retain minute books of stockholders', directors', and directors' committee meetings for twenty-five years.

(4) Large telecommunications Utilities. The Regulations to Govern the Preservation of Records of Communication Common Carriers, Part 42, 47 Code of Federal Regulations Chapter 1 (October 1, 2003, edition) is hereby adopted and prescribed by the Commission for each large telecommunications utility.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040 & 756.105
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 12-1985, f. & ef. 8-20-85 (Order No. 85-751); PUC 15-1986, f. & ef. 11-10-86 (Order No. 86-1144); PUC 13-1997, f. & cert. ef. 11-12-97; PUC 1-1998, f. & cert. ef. 1-12-98; PUC 8-2000, f. & cert. ef. 5-26-00; PUC-19-2001, f. & cert. ef. 6-21-01; Renumbered from 860-028-0010; PUC 15-2004, f. & cert. ef. 10-28-04

Or. Admin. R. 860-027-0175 Energy Utility Reporting Requirements Relating to Major Shareholders

(1) As used in this rule:

(a) "Beneficial owner(ship)” has the meaning defined in 17 CFR § 240.13d-3 (April 1, 2009).

(b) "Board member” means a member of the board of directors of an energy utility or the board of directors of an entity or person authorized by the Commission to exercise substantial influence over an energy utility.

(c) “Major shareholder” means a person that is a beneficial owner, directly or indirectly, of five percent or more of an energy utility. In the event a person is a beneficial owner of shares of a parent of an energy utility, the person may also be an indirect beneficial owner of the energy utility. Indirect beneficial ownership of an energy utility is calculated by multiplying the person’s percentage of beneficial ownership of the parent by the parent(s)’s percentage of beneficial ownership of the energy utility.

(d) “Person” has the meaning set forth in ORS 756.010(5).

(e) “Schedule 13D” means the statement filed with the Securities and Exchange Commission, as required by 17 C.F.R. 240.13d-1 (April 1, 2009), and containing the information required by 17 C.F.R. 240.13d-101 (April 1, 2009).

(f) “Schedule 13G” means the statement filed with the Securities and Exchange Commission, as required by 17 C.F.R. 240.13d-1 (April 1, 2009), and containing the information required by 17 C.F.R. 240.13d-102 (April 1, 2009).

(g) “Securities and Exchange Commission” means the federal agency created under Section 4 of the 1934 Securities Exchange Act, as codified at 15 U.S.C. 78d (January 5, 2009).

(h) “Tender offer” means an offer to purchase the equity securities of an energy utility, or the solicitation of an offer to sell the equity securities of an energy utility, that would constitute a tender offer, or a request or invitation for tender, for the purpose of Section 14(d) of the Securities Exchange Act of 1934, as codified at 15 U.S.C. 78n(d) (February 1, 2010).

(2) An energy utility must submit a written report to the Commission by March 1 of each calendar year.

(a) The report must list the energy utility’s major shareholders and their respective percentages of beneficial ownership of the energy utility and parent(s), to the extent such information is then known to management of the energy utility; or, if there are no major shareholders, the report must state that there are none.

(b) Information in the report must be current as of December 31 of the previous year or a more recent date if so specified by the energy utility in the report.

(3) In addition to the March 1 report, within 10 business days after the energy utility acquires actual knowledge of the existence and identity of a major shareholder, the energy utility must submit a written report to the Commission that identifies the major shareholder and lists the shareholder’s percentage of beneficial ownership of the energy utility and parent(s). The energy utility may rely on information in Schedule 13D or Schedule 13G filings with the Securities and Exchange Commission. The report must include copies of Schedule 13D or Schedule 13G filings made with the Securities and Exchange Commission by the listed major shareholders, when copies have not been provided previously to the Commission.

(4) Each energy utility must report to the Commission within 10 business days after the energy utility acquires actual knowledge of the existence of a Schedule 13D filing made with the Securities and Exchange Commission by a major shareholder with respect to beneficial ownership or intended beneficial ownership of the energy utility or parent(s).

(5) Each energy utility must file with the Commission a detailed report describing any of the following actions taken by, or on behalf of, a major shareholder within 10 business days after the energy utility acquires actual knowledge of the action:

(a) A request to insert in the proxy statement of the energy utility or a parent of the energy utility:

(A) The major shareholder’s nominee for election to the board of directors of the energy utility or parent of the energy utility, or

(B) A proposal that could materially affect the policies or actions of the energy utility;

(b) The initiation of an independent solicitation of proxies to vote for:

(A) The major shareholder’s nominee for election to the board of directors of the energy utility or a parent of the energy utility, or

(B) A proposal that could materially affect the policies or actions of the energy utility;

(c) The initiation of a withhold or “vote no” campaign against any existing member of the board of directors of the energy utility or parent of the energy utility;

(d) The placement on the ballot used at a meeting of the shareholders of the energy utility or a parent of the energy utility, :

(A) The major shareholder’s nominee for election to the board of directors of the energy utility or such parent, or

(B) A proposal that could materially affect the policies or actions of the energy utility;

(e) The expression of an intent to take any of the actions set forth in sections (5)(a) through (5)(d), if the energy utility does not comply with a request by the major shareholder;

(f) The expression of an intent to buy or sell shares of the energy utility or a parent if the energy utility does not comply with a request by the major shareholder that would materially affect the policies or actions of the energy utility;

(g) The initiation of a tender offer with respect to the energy utility or parent;

(h) Any other expression by a major shareholder of intent to:

(A) Take an action that could materially affect the policies or actions of the energy utility if the energy utility does not comply with a request from the major shareholder, or

(B) Provide an inducement to the energy utility for complying with a request by the major shareholder that could materially affect the policies or actions of the energy utility; and

(i) An action or event that would require a major shareholder to make a 13D filing with the Securities and Exchange Commission.

(6) Each board member is required to report to the Chief Executive Officer or President of the energy utility any action of a major shareholder described in section (5) of this rule within five business days after the board member acquires actual knowledge of such action.

(7) The energy utility, directly or indirectly through a parent, must notify each board member in writing, at least once every 12 months, of the reporting obligations described in section (6) of this rule. The energy utility must maintain at its corporate office, copies of these notices for a period two years from the date of such notice, and must produce such notices to the Commission within five business days of a request by the Commission.

(8) An energy utility is not required to provide a report to the Commission for:

(a) A request made by a major shareholder, or the representative of a major shareholder, in the capacity of a shareholder, for information normally available to shareholders of the energy utility or a parent; or

(b) A request made by the major shareholder, or the representative of a major shareholder, in the capacity of a customer of the energy utility, regarding utility service.

(9) Unless expressly provided in a Commission order, this rule does not apply to any actions otherwise reportable by the energy utility or a parent or its respective board members under section (5) where the major shareholder has been authorized to exert control or influence by a Commission order entered under ORS 757.511.

(10) The energy utility must identify a report submitted to the Commission under this rule as a report filed under OAR 860-027-0175. The energy utility must describe the basis for a request that the report, or any portion thereof, be treated as containing information not subject to public disclosure, as required by OAR 860-001-0070. The Commission will review the report and determine if a filing by the major shareholder under ORS 757.511 is required.

History

Statutory/Other Authority: ORS 756.040 & 757.511
Statutes/Other Implemented: ORS 757.511
PUC 7-2010, f. & cert. ef. 12-2-10

Or. Admin. R. 860-027-0200 Energy Utility Acquisition

In addition to the information required by ORS 757.511, any person filing an application pursuant to that statute, shall also provide:

(1) The information required by OAR 860-027-0030(1)(a) through (d), inclusive;

(2) A schedule detailing the existing capital structure of the energy utility to be acquired, as well as a pro forma utility capital structure as of 12 months after the acquisition is to be completed;

(3) An explanation of how the bond ratings and capital costs of the acquired utility will be affected by the acquisition;

(4) A description of existing and planned nonutility businesses which are or will become affiliated interests of the acquired utility under ORS 757.015, and a description of the organizational structure under which the applicant intends to operate its businesses;

(5) A description of the method by which management, personnel, property, income, losses, costs, and expenses (including tax-related expense) will be allocated by the applicant between its utility and nonutility operations (if applicable);

(6) A description of any planned changes that may have a significant impact upon the policy, management, operations, or rates of the energy utility;

(7) A description of any plans to cause the energy utility to sell, exchange, pledge, or otherwise transfer its assets;

(8) A copy of any existing or proposed agreement between the energy utility and any businesses which will become affiliated interests of the acquired utility under ORS 757.015; and

(9) A motion for a general protective order or modified protective order under OAR 860-001-0080, if necessary for the release of information under sections (1) through (8) of this rule.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.105 & 757.511
PUC 4-2012, f. & cert. ef. 4-17-12
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 6-1986, f. & ef. 7-22-86 (Order No. 86-731)

Or. Admin. R. 860-027-0300 Use of Deferred Accounting by Energy and Large Telecommunications Utilities

(1) As used in this rule:

(a) "Amortization" means the inclusion in rates of an amount which has been deferred under ORS 757.259 or 759.200 and which is designed to eliminate, over time, the balance in an authorized deferred account. Amortization does not include the normal positive and negative fluctuations in a balancing account;

(b) "Deferred Accounting" means recording the following in a balance sheet account, with Commission authorization for later reflection in rates:

(A) Electric companies, gas utilities, and steam heat utilities: a current expense or revenue associated with current service, as allowed by ORS 757.259; or

(B) Large telecommunications utilities: an amount allowed by ORS 759.200.

(2) Expiration: Any authorization to use a deferred account expires 12 months from the date the deferral is authorized to begin. If a deferral under ORS 757.259 or 759.200 is reauthorized, the reauthorization expires 12 months from the date the reauthorization becomes effective.

(3) Contents of Application: An application for deferred accounting, by an energy or large telecommunications utility or a customer, must include:

(a) A description of the utility expense or revenue for which deferred accounting is requested;

(b) The reason(s) deferred accounting is being requested and a reference to the section(s) of ORS 757.259 or 759.200 under which deferral may be authorized;

(c) The account proposed for recording of the amounts to be deferred and the account which would be used for recording the amounts in the absence of approval of deferred accounting;

(d) An estimate of the amounts to be recorded in the deferred account for the 12-month period subsequent to the application; and

(e) A copy of the notice of application for deferred accounting and list of persons served with the notice.

(4) Reauthorization: An application for reauthorization to use a deferred account must be made not more than 60 days prior to the expiration of the previous authorization for the deferral. An application for reauthorization must include the requirements set forth in subsections (3)(a) through (3)(e) of this rule and the following information:

(a) A description and explanation of the entries in the deferred account to the date of the application for reauthorization; and

(b) The reason(s) for continuation of deferred accounting.

(5) Exceptions: Authorization under ORS 757.259 or 759.200 to use a deferred account is necessary only to add amounts to an account, not to retain an existing account balance and not to amortize amounts which have been entered in an account under an authorization by the Commission. Interest, once authorized to accrue on unamortized balances in an account, may be added to the account without further authorization by the Commission, even though authorization to add other amounts to an account has expired.

(6) Notice of Application: The applicant must serve a notice of application upon all persons who were parties in the energy or large telecommunications utility's last general rate case. If the applicant is other than an energy or large telecommunications utility, the applicant must serve a copy of the application upon the affected utility. A notice of application must include:

(a) A statement that the applicant has applied to the Commission for authorization to use deferred accounting; or for an order requiring that deferred accounting be used by an energy or large telecommunications utility;

(b) A description of the utility expense or revenue for which deferred accounting is requested;

(d) A statement that any person may submit to the Commission written comment on the application by the date set forth in the notice, which date may be no sooner than 25 days from the date of the application; and

(e) A statement that the granting of the application will not authorize a change in rates, but will permit the Commission to consider allowing such deferred amounts in rates in a subsequent proceeding.

(7) Public Meetings: Unless otherwise ordered by the Commission, applications for use of deferred accounting will be considered at the Commission's public meetings.

(8) Reply Comments: Within ten days after the due date for comments, the applicant, and the energy or large telecommunications utility if the utility is not the applicant, may file reply comments with the Commission. Filing dates for reply comments are calculated and enforced per OAR 860-001-0150.

(9) Amortization: Amortization in rates of a deferred amount is allowed only as authorized by the Commission. The Commission may authorize amortization of such amounts only for utility expenses or revenues for which the Commission previously has authorized deferred accounting. Upon request for amortization of a deferred account, the energy or large telecommunications utility must provide the Commission with its financial results for a 12-month period or for multiple 12-month periods to allow the Commission to perform an earnings review. The period selected for the earnings review will encompass all or part of the period during which the deferral took place or must be reasonably representative of the deferral period. Unless authorized by the Commission to do otherwise:

(a) An energy utility may request that amortizations of deferred accounts commence no later than one year from the date that deferrals cease for that particular account; and

(b) In the case of ongoing balancing accounts, the energy utility may request amortization at least annually, unless amortization of the balancing account is then in effect; or

(c) A large telecommunications utility may request amortization of deferred accounts as soon as practical after the deferrals cease but no later than in its next rate proceeding.

(10) An electric company customer may prepay under ORS 757.259(11) all or a portion of its obligation of deferred power supply expense. The obligation must be calculated as the customer's pro rata share of the utility's total energy usage within the state of Oregon during 2001, multiplied by the unrecovered deferral balance at the time of prepayment. When such customer has prepaid its obligation in full, the customer may no longer be charged the power supply adjustment related to the deferral.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 756.105, 757.259 & 759.200
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 14-2004, f. & cert. ef. 9-7-04
PUC 6-2004(Temp), f. & cert. ef. 3-24-04 thru 9-20-04
PUC 16-2001, f. & cert. ef. 6-21-01
PUC 4-1998, f. & cert. ef. 2-24-98
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 2-1990, f. & cert. ef. 3-2-90 (Order No. 90-235)
PUC 11-1988, f. & cert. ef. 6-9-88 (Order No. 88-597)

Or. Admin. R. 860-027-0310 Cost-Effective Conservation Resources

(1) As used in this rule:

(a) “Conservation” means any reduction in electric power or natural gas consumption as the result of increases in efficiency of energy use, production, or distribution. Conservation also includes cost-effective fuel switching;

(b) “Fuel switching” means any substitution of one type of energy or fuel for another; and

(c) “Cost-effective” has the meaning given that term in OAR 860-030-0010. However, the cost-effective level for fuel switching shall not include the 10 percent cost advantage specified in OAR 860-030-0010(6)(b).

(2) The Commission encourages energy utilities to acquire cost-effective conservation resources. Energy utilities may apply for Commission approval of programs designed to promote the acquisition of cost-effective conservation resources. Programs in this context consist of accounting and rate-making mechanisms designed to provide an energy utility with incentives, to remove disincentives, or to acquire such resources. The Commission adopts the following policies for evaluating programs proposed by energy utilities:

(a) Incentive:

(A) Least-Cost Resources: Acquisition of least-cost resources should be the energy utility’s most profitable course of action. An energy utility should have an incentive to acquire all least-cost resources, but it should not have an incentive to pursue conservation past the point at which it is no longer cost-effective. An energy utility should not be expected to pursue a course of action that involves an identifiable and sustained loss of profits. The most important criterion for evaluating an incentive program is its effect on the energy utility’s resource acquisition strategy. Incentive programs under which the energy utility can earn higher profits by acquiring resources which are not least-cost resources need not be considered, no matter how well they may suit the other criteria.

(B) Cost Minimization: An energy utility should have the incentive to acquire any resource at the minimum total cost. The set of incentives given the energy utility should not merely influence the choice of which resource to acquire, but the manner of its acquisition as well.

(b) Predictability: Program impacts should be predictable to all participants.

(A) Administration: The program should be as simple as possible to administer, consistent with the need to determine actual results.

(B) Implementation: The program should be understandable to affected parties.

(d) Impact:

(A) Balance: Risks and rewards should be distributed fairly between stockholders and customers. Fair treatment of these groups relative to each other may require a balancing of rewards with penalties; if shareholders are rewarded for good performance, they should also be penalized for poor performance.

(B) Cross-subsidization: Cross-subsidization of participants by nonparticipants should be minimized.

(C) Rate pressure: Incentive programs should be as consistent as possible with the Commission objective of promoting rate stability.

(e) Tradeoffs: In developing cost-effective conservation programs, energy utilities may balance the emphasis given to each policy listed above. Greater focus on one policy may come at the expense of another policy, if the whole proposal is reasonable.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.262
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 2-1994, f. & cert. ef. 1-14-94 (Order No. 94-075)
PUC 14-1993(Temp), f. & cert. ef. 8-6-93 (Order No. 93-1105

Or. Admin. R. 860-027-0350 Depreciation Study Requirements for Energy Utilities

(1) As used in this rule, a “depreciation study” means a study by an energy utility sufficient to allow the Commission to determine the proper and adequate rates of depreciation of the several classes of property of the public utility.

(2) Each energy utility must file a new depreciation study with the Commission no less frequently than once every five years.

History

Statutory/Other Authority: ORS. 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.105 & 757.140
PUC 3-2015, f. & cert. ef. 8-11-15

Division 28 POLE AND CONDUIT ATTACHMENTS

Or. Admin. R. 860-028-0000 Applicability

(1) The rules contained in this Division apply to every pole or conduit owner and every pole or conduit occupant, as defined in OAR 860-028-0020.

(2) Upon request or its own motion, the Commission may waive any of the division 28 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270, 759.045 & 759.650
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 14-2000, f. & cert. ef. 8-23-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 14-1997, f. & cert. ef. 11-20-97
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-028-0020 Definitions for Pole and Conduit Attachment Rules

For purposes of this Division:

(1) “Attachment” has the meaning given in ORS 757.270 and 759.650.

(2) “Authorized attachment space” means the usable space occupied by one or more attachments on a pole by an occupant with the pole owner’s permission.

(3) “Carrying charge” means the costs incurred by the owner in owning and maintaining poles or conduits. The carrying charge is expressed as a percentage. The carrying charge is the sum of the percentages calculated for the following expense elements, using owner’s data from the most recent calendar year and that are publicly available to the greatest extent possible:

(a) The administrative and general percentage is total general and administrative expense as a percent of net investment in total plant.

(b) The maintenance percentage is maintenance of overhead lines expense or conduit maintenance expense as a percent of net investment in overhead plant facilities or conduit plant facilities.

(c) The depreciation percentage is the depreciation rate for gross pole or conduit investment multiplied by the ratio of gross pole or conduit investment to net investment in poles or conduit.

(d) Taxes are total operating taxes, including, but not limited to, current, deferred, and “in lieu of” taxes, as a percent of net investment in total plant.

(e) The cost of money is calculated as follows:

(A) For a telecommunications utility, the cost of money is equal to the rate of return on investment authorized by the Commission in the pole or conduit owner’s most recent rate or cost proceeding;

(B) For a public utility, the cost of money is equal to the rate of return on investment authorized by the Commission in the pole or conduit owner’s most recent rate or cost proceeding; or

(C) For a consumer-owned utility, the cost of money is equal to the utility’s embedded cost of long-term debt plus 100 basis points. Should a consumer-owned utility not have any long-term debt, then the cost of money will be equal to the 10-year treasury rate as of the last traded day for the relevant calendar year plus 200 basis points.

(4) “Commission pole attachment rules” mean the rules provided in OAR chapter 860, division 028.

(5) “Commission safety rules” has the meaning given in OAR 860-024-0001(1).

(6) “Conduit” means any structure, or section thereof, containing one or more ducts, manholes, or handholes, used for any telephone, cable television, electrical, or communications conductors or cables, owned or controlled, in whole or in part, by one or more public, telecommunications, or consumer-owned utilities.

(7) “Consumer-owned utility” has the meaning given in ORS 757.270.

(8) “Duct” means a single enclosed raceway for conductors or cables.

(9) “Government entity” means a city, a county, a municipality, the state, or other political subdivision within Oregon.

(10) “Licensee” has the meaning given in ORS 757.270 or 759.650. “Licensee” does not include a government entity.

(11) “Make ready work” means engineering or construction activities necessary to make a pole, conduit, or other support equipment available for a new attachment, attachment modifications, or additional facilities. Make ready work costs are non-recurring costs and are not contained in carrying charges.

(12) “Net investment” means the gross investment, from which is first subtracted the accumulated depreciation, from which is next subtracted related accumulated deferred income taxes, if any.

(13) “Net linear cost of conduit” is equal to net investment in conduit divided by the total length of conduit in the system.

(14) “Notice” means written notification sent by mail, electronic mail, telephonic facsimile, or other means previously agreed to by the sender and the recipient.

(15) “Occupant” means any licensee, government entity, or other entity that constructs, operates, or maintains attachments on poles or within conduits.

(16) “Owner” means a public utility, telecommunications utility, or consumer-owned utility that owns or controls poles, ducts, conduits, rights-of-way, manholes, handholes, or other similar facilities.

(17) “Pattern” means a course of behavior that results in a material breach of a contract, or permits, or in frequent violations of OAR 860-028-0120.

(18) “Percentage of conduit capacity occupied” means:

(a) When inner ducts are used, the product of the quotient of the number “one,” divided by the number of inner ducts, multiplied by the quotient of the number “one,” divided by the number of ducts in the conduit [i.e., (1/Number of Inner Ducts (≥2)) x (1/Number of Ducts in Conduit)]; or

(b) When no inner ducts are used, the quotient of the number “one,” divided by the number of ducts in the conduit [i.e., (1/Number of Ducts in Conduit)].

(19) “Periodic Inspection” means any inspection done at the option of the owner, including a required inspection pursuant to division 024, the cost of which is recovered in the carrying charge. Periodic inspections do not include post construction inspections.

(20) “Permit” means the written or electronic record by which an owner authorizes an occupant to attach one or more attachments on a pole or poles, in a conduit, or on support equipment.

(21) “Pole” means any pole that carries distribution lines and that is owned or controlled by a public utility, telecommunications utility, or consumer-owned utility.

(22) “Pole cost” means the depreciated original installed cost of an average bare pole to include support equipment of the pole owner, from which is subtracted related accumulated deferred taxes, if any. There is a rebuttable presumption that the average bare pole is 40 feet and the ratio of bare pole to total pole for a public utility or consumer-owned utility is 85 percent, and 95 percent for a telecommunications utility.

(23) “Post construction inspection” means work performed to verify and ensure the construction complies with the permit, governing agreement, and Commission safety rules.

(24) “Preconstruction activity” means engineering, survey and estimating work required to prepare cost estimates for an attachment application.

(25) “Public utility” has the meaning given in ORS 757.005.

(26) “Serious injury” means “serious injury to person” or “serious injury to property” as defined in OAR 860-024-0050.

(27) “Service drop” means a connection from distribution facilities to the building or structure being served.

(28) “Special inspection” means an owner’s field visit made at the request of the licensee for all nonperiodic inspections. A special inspection does not include preconstruction activity or post construction inspection.

(29) “Support equipment” means guy wires, anchors, anchor rods, and other accessories of the pole owner used to support the structural integrity of the pole to which the licensee is attached.

(30) “Surplus ducts” means ducts other than:

(a) Those occupied by the conduit owner or a licensee;

(b) An unoccupied duct held for emergency use; or

(31) “Telecommunications utility” has the meaning given in ORS 759.005.

(32) “Threshold number of poles” means 50 poles, or one-tenth of one percent (0.10 percent) of the owner’s poles, whichever is less, over any 30 day period.

(33) “Unauthorized attachment” means an attachment that does not have a valid permit and a governing agreement subject to OAR 860-028-0120.

(34) “Usable space” means all the space on a pole, except the portion below ground level, the 20 feet of safety clearance space above ground level, and the safety clearance space between the communications and power circuits. There is a rebuttable presumption that six feet of a pole is buried below ground.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 3-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0110 & 860-034-0810
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0050 General

(1) OAR chapter 860 division 28 governs access to utility poles, conduits, and support equipment by occupants in Oregon.

(2) OAR chapter 860, division 28 is intended to provide just and reasonable provisions when the parties are unable to agree on certain terms.

(3) With the exceptions of OARs 860-028-0060 through 860-028-0080, 860-028-0115, and 860-028-0120, parties may mutually agree on terms that differ from those in this division. In the event of disputes submitted for Commission resolution, the Commission will deem the terms and conditions specified in this division as presumptively reasonable. If a dispute is submitted to the Commission for resolution, the burden of proof is on any party advocating a deviation from the rules in this division to show the deviation is just, fair and reasonable.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 3-2007, f. & cert. ef. 4-16-07

Or. Admin. R. 860-028-0060 Attachment Contracts

(1) Any entity requiring pole attachments to serve customers should be allowed to use utility poles, ducts, conduits, rights-of-way, manholes, handholes, or other similar facilities jointly, as much as practicable.

(2) To facilitate the joint use of poles, entities must execute contracts establishing the rates, terms, and conditions of pole use in accordance with OAR 860-028-0120. Government entities are not required to execute contracts.

(3) Parties must negotiate pole attachment contracts in good faith.

(4) Unless expressly prohibited by contract, the last effective contract between the parties will continue in effect until a new contract between the parties goes into effect.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 3-2007, f. & cert. ef. 4-16-07

Or. Admin. R. 860-028-0070 Resolution of Disputes for Proposed New or Amended Contractual Provisions

(1) This rule applies to a complaint alleging a violation of ORS 757.273, 757.276, 757.279, 757.282, 759.655, 759.660, or 759.665.

(2) In addition to the generally applicable filing and contested case procedures contained in OAR chapter 860, division 001, the procedures set forth in this rule apply to a complaint that an existing or proposed contract is unjust and unreasonable.

(3) The party filing a complaint under this rule is the "complainant." The other party to the contract, against whom the complaint is filed, is the "respondent."

(4) Before a complaint is filed with the Commission, one party must request, in writing, negotiations for a new or amended attachment agreement from the other party.

(5) Ninety (90) calendar days after one party receives a request for negotiation from another party, either party may file with the Commission for a proceeding under ORS 757.279 or 759.660.

(6) The complaint must contain each of the following:

(a) Proof that a request for negotiation was received at least 90 calendar days earlier. The complainant must specify the attempts at negotiation or other methods of dispute resolution undertaken since the date of receipt of the request and indicate that the parties have been unable to resolve the dispute.

(b) A statement of the specific attachment rates, terms and conditions that are claimed to be unjust or unreasonable.

(d) A proposed agreement addressing all issues, including those on which the parties have reached agreement and those that are in dispute.

(e) All information available as of the date the complaint is filed with the Commission that the complainant relied upon to support its claims:

(A) In cases in which the Commission's review of a rate is required, the complaint must provide all data and information in support of its allegations, in accordance with the administrative rules set forth to evaluate the disputed rental rate.

(B) If the licensee is the party submitting the complaint, the licensee must request the data and information required by this rule from the owner. The owner must supply the licensee the information required in this rule, as applicable, within 30 calendar days of the receipt of the request. The licensee must submit this information with its complaint.

(C) If the owner does not provide the data and information required by this rule after a request by the licensee, the licensee must include a statement indicating the steps taken to obtain the information from the owner, including the dates of all requests.

(D) No complaint by a licensee will be dismissed because the owner has failed to provide the applicable data and information required under paragraph (6)(e)(B) of this rule.

(7) The Commission will serve a copy of the complaint upon the respondent. Service may be made by electronic mail if the Commission verifies the respondent’s electronic mail address prior to service of the complaint and a delivery receipt is maintained in the official file. Within 30 calendar days of service of the complaint, the respondent must file its response with the Commission, addressing in detail each claim raised in the complaint and a description of the respondent's position on the unresolved provisions.

(8) If the Commission determines after a hearing that a rate, term or condition that is the subject of the complaint is not just, fair, and reasonable, it may reject the proposed rate, term or condition and may prescribe a just and reasonable rate, term or condition.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 3-2007, f. & cert. ef. 4-16-07

Or. Admin. R. 860-028-0080 Costs of Hearing in Attachment Contract Disputes

(1) When the Commission issues an order in an attachment contract dispute that applies to a consumer-owned utility, as defined by ORS 757.270, the order must also provide for payment by the parties of the cost of the hearing.

(2) The cost of the hearing includes, but is not limited to, the cost of Commission employee time, the use of facilities, and other costs incurred. The rates will be set at cost. Upon request of a party, and no more than once every 60 days, the Commission will provide to the parties the costs incurred to date in the proceeding.

(3) The Joint-Use Association is not considered a party for purposes of this rule when participating in a case as an advisor to the Commission.

(4) The Commission will allocate costs in a manner that it considers equitable. The following factors will be considered in allocating costs:

(a) Whether the party unreasonably burdened the record or delayed the proceeding;

(b) Merits of the party's positions throughout the course of the proceeding; and

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.279 & 759.660
PUC 3-2007, f. & cert. ef. 4-16-07

Or. Admin. R. 860-028-0100 Application Process for New or Modified Attachments

(1) As used in this rule, “applicant” does not include a government entity.

(2) An applicant requesting a new or modified attachment must submit an application providing the following information in writing or electronically to the owner:

(a) Information for contacting the applicant.

(b) The pole owner may require the applicant to provide the following technical information:

(A) Location of identifying pole or conduit for which the attachment is requested;

(B) The amount of space requested;

(D) Physical characteristics of attachments;

(E) Attachment location on pole;

(F) Description of installation;

(G) Proposed route; and

(H) Proposed schedule for construction.

(3) The owner must provide written or electronic notice to the applicant within 15 days of the application receipt date confirming receipt and listing any deficiencies with the application, including missing information. If required information is missing, the owner may suspend processing the application until the missing information is provided.

(4) Upon receipt of a completed application, an owner must reply in writing or electronically to the applicant as quickly as possible and no later than 45 days from the date the completed application is received. The owner’s reply must state whether the application is approved, approved with modifications or conditions, or denied.

(a) An approval will be valid for 180 calendar days unless extended by the owner.

(b) The owner may require the applicant to provide notice of completion within 45 calendar days of completion of construction.

(c) If the owner approves an application that requires make ready work, the owner must provide a detailed list of the make ready work needed to accommodate the applicant’s facilities, an estimate for the time required for the make ready work, and the cost for such make ready work.

(d) If the owner denies the application, the owner must state in detail the reasons for its denial.

(e) If the owner does not provide the applicant with notice that the application is approved, denied, or conditioned within 45 days from its receipt, the applicant may begin installation. Applicant must provide notice prior to beginning installation. Commencement of installation by the occupant will not be construed as completion of the permitting process or as final permit approval. Unpermitted attachments made under this section are not subject to sanction under OAR 860-028-0140.

(5) If the owner approves an application that requires make ready work, the owner will perform such work at the applicant’s expense. This work must be completed in a timely manner and at a reasonable cost. Where this work requires more than 45 days to complete, the parties must negotiate a mutually satisfactory longer period to complete the make ready work.

(6) If an owner cannot meet the time frame for attachment established by this rule, preconstruction activity and make ready work may be performed by a mutually acceptable third party.

(7) If an application involves more than the threshold number of poles, the parties must negotiate a mutually satisfactory longer time frame to complete the approval process.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 3-2007, f. & cert. ef. 4-16-07

Or. Admin. R. 860-028-0110 Rental Rates and Charges for Attachments by Licensees to Poles Owned by Public Utilities, Telecommunications Utilities, and Consumer-Owned Utilities

(1) This rule applies whenever a party files a complaint with the Commission pursuant to ORS 757.270 through 757.290 or 759.650 through 759.675.

(2) The pole attachment rental rate per foot is computed by multiplying the pole cost by the carrying charge and then dividing the product by the usable space per pole. The rental rate per pole is computed as the rental rate per foot multiplied by the licensee’s authorized attachment space.

(3) The rental rates referenced in section (2) of this rule do not include the costs of permit application processing, preconstruction activity, post construction inspection, make ready work, and the costs related to unauthorized attachments. Charges for activities not included in the rental rates will be based on actual costs, including administrative costs, and will be charged in addition to the rental rate.

(4) Authorized attachment space for rental rate determination must comply with the following:

(a) The initial authorized attachment space on a pole must not be less than 12 inches. The owner may authorize additional attachment space in increments of less than 12 inches.

(b) For each attachment permit, the owner must specify the authorized attachment space on the pole that is to be used for one or more attachments. This authorized attachment space will be specified in the owner’s attachment permit.

(5) The owner may require prepayment from a licensee of the owner’s estimated costs for any of the work allowed by OAR 860-028-0100. Upon completion of the work, the owner will issue an invoice reflecting the actual costs, less any prepayment. Any overpayment will be promptly refunded, and any extra payment will be promptly remitted.

(6) A communication operator has primary responsibility for trimming vegetation around its communication lines in compliance with OAR 860-028-0115(7) and 860-028-0120(7). If the communication operator so chooses, or if the communication operator is sanctioned or penalized for failure to trim vegetation in compliance with OAR 860-028-0115(7) or 860-028-0120(7), the electric supply operator may trim the vegetation around communication lines that poses a foreseeable danger to the pole and electric supply operator’s lines. If the electric supply operator trims the vegetation around communication lines, it shall do so contemporaneously with trimming around its own facilities. If the electric supply operator is the pole owner, it may bill the communication operators for the actual cost of trimming around the communication lines. If the electric supply operator is the pole occupant, it may offset its pole rent by the vegetation trimming cost.

(7) The owner must provide notice to the occupant of any change in rental rate or fee schedule a minimum of 60 days prior to the effective date of the change. This section will become effective on January 1, 2008.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.270 - 290, 759.045 & 759.650 - 675
PUC 3-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0055 & 860-034-0360
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
PUC 9-1998, f. & cert. ef. 4-28-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
PUC 16-1984, f. & ef. 8-14-84 (Order No. 84-608)
PUC 9-1984, f. & ef. 4-18-84 (Order No. 84-278)

Or. Admin. R. 860-028-0115 Duties of Structure Owners

(1) An owner must install, maintain, and operate its facilities in compliance with Commission Safety Rules.

(2) An owner must establish, maintain, and make available to occupants its joint use construction standards for attachments to its poles, towers, and for joint space in conduits. Standards for attachment must apply uniformly to attachments by all operators, including the owner.

(3) An owner must establish and maintain mutually agreeable protocols for communications between the owner and its occupants.

(4) An owner must immediately correct violations that pose imminent danger to life or property. In the event that a pole occupant performs the corrections, a pole owner must reimburse the pole occupant for the actual cost of corrections. Charges imposed under this section must not exceed the actual cost of corrections.

(5) An owner must respond to a pole occupant’s request for assistance in making a correction within 45 days.

(6) An owner must ensure the accuracy of inspection data prior to transmitting information to the pole occupant.

(7) Vegetation around communications lines must not pose a foreseeable danger to the pole and electric supply operator’s facilities.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 3-2007, f. & cert. ef. 4-16-07

Or. Admin. R. 860-028-0120 Duties of Pole Occupants

(1) Except as provided in sections (2) and (3) of this rule, a pole occupant attaching to one or more poles of a pole owner must:

(a) Have a written contract with the pole owner that specifies general conditions for attachments on the poles of the pole owner;

(b) Have a permit issued by the pole owner for each pole on which the pole occupant has attachments;

(c) Install and maintain the attachments in compliance with the written contracts required under subsection (1)(a) of this rule and with the permits required under subsection (1)(b) of this rule; and

(d) Install and maintain the attachments in compliance with Commission safety rules.

(2) A pole occupant that is a government entity is not required to enter into a written contract required by subsection (1)(a) of this rule, but when obtaining a permit from a pole owner under subsection (1)(b) of this rule, the government entity must agree to comply with Commission safety rules.

(3) A pole occupant may install a service drop without the permit required under subsection (1)(b) of this rule, but the pole occupant must:

(a) Apply for a permit within seven days of installation;

(b) Except for a pole occupant that is a government entity, install the attachment in compliance with the written contract required under subsection (1)(a) of this rule; and

(4) A pole occupant must repair, disconnect, isolate, or otherwise correct any violation that poses an imminent danger to life or property immediately after discovery. If the pole owner performs the corrections, a pole occupant must reimburse the pole owner for the actual cost of correction. Reimbursement charges imposed under this section must not exceed the actual cost of correction.

(5) Upon receipt of a pole owner’s notification of violation, a pole occupant must respond either with submission of a plan of correction within 60 calendar days or with a correction of the violation within 180 calendar days.

(a) If a pole occupant fails to respond within these deadlines, the pole occupant is subject to sanction under OAR 860-028-0150(2).

(b) If a pole occupant fails to respond within these deadlines and if the pole owner performs the correction, the pole occupant must reimburse the pole owner for the actual cost of correction attributed to violations caused by the occupant’s non-compliant attachments. Reimbursement charges imposed under this section must not exceed the actual cost of correction attributed to the occupant’s attachments.

(6) A pole occupant must correct a violation in less than 180 days if the pole owner notifies an occupant that the violation must be corrected within that time to alleviate a significant safety risk to any operator’s employees or a potential risk to the general public. A pole occupant must reimburse the pole owner for the actual cost of correction caused by the occupant’s non-compliant attachments made under this section if:

(a) The owner provides reasonable notice of the violation; and

(b) The occupant fails to respond within timelines set forth in the notice.

(7) Vegetation around communications lines must not pose a foreseeable danger to the pole and electric supply operator’s facilities.

History

Statutory/Other Authority: ORS 183, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 2-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0120 & 860-034-0820
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0130 Sanctions for Having No Contract

(1) Except as provided in section (2) of this rule, a pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0060(2). The sanction may not exceed $500 per pole. This rule does not apply to:

(a) A pole occupant that is a government entity; or

(b) A pole occupant operating under an expired or terminated contract and participating in good faith efforts to negotiate a contract or engaged in formal dispute resolution, arbitration, or mediation regarding the contract; or

(c) A pole occupant operating under a contract that is expired if both pole owner and occupant are unaware that the contract expired and both carry on business relations as if the contract terms are mutually-agreeable and still applicable.

(2) Sanctions imposed pursuant to this rule will be imposed no more than once in a 365 day period.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 2-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0130 & 860-034-0830
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0140 Sanctions for Having No Permit

(1) Except as provided in section (3) of this rule, a pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0120(1)(b), except as provided in 860-028-0120(3).

(2) Sanctions imposed under this rule may not exceed:

(a) Five times the current annual rental fee per pole if the violation is reported by the occupant to the owner and is accompanied by a permit application or is discovered through a joint inspection between the owner and occupant and accompanied by a permit application; or

(b) $100 per pole plus five times the current annual rental fee per pole if the violation is reported by the owner in an inspection in which the occupant has declined to participate.

(3) Sanctions imposed pursuant to this rule may be imposed no more than once in a 60 day period.

(4) A pole owner may not impose new sanctions for ongoing violations after the initial 60 day period if:

(a) The occupant filed a permit application in response to a notice of violation; or

(b) The notice of violation involves more than the threshold number of poles, as defined in OAR 860-028-0020(32), and the parties agree to a longer time frame to complete the permitting process.

(5) This rule does not apply to a pole occupant that is a government entity.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 2-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0140 & 860-034-0840
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0150 Sanctions for Violation of Other Duties

(1) A pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0120(1)(c), (1)(d), or (3). Sanctions imposed for these violations may not exceed $200 per pole.

(2) A pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0120(5). Sanctions imposed under this section must not exceed 15 percent of the actual cost of corrections incurred under OAR 860-028-0120(5).

(3) Sanctions and charges imposed under sections (1) and (2) of this rule do not apply if:

(a) The occupant submits a plan of correction in compliance with OAR 860-028-0170 within 60 calendar days of receipt of notification of a violation; or

(b) The occupant corrects the violation and provides notification of the correction to the owner within 180 calendar days of receipt of notification of the violation.

(4) If a pole occupant submits a plan of correction in compliance with OAR 860-028-0170 and fails to adhere to all of the provisions and deadlines set forth in that plan, the pole owner may impose sanctions for the uncorrected violations documented within the plan.

(5) Notwithstanding the timelines provided for in section (3) of this rule, a pole owner must notify the occupant immediately of any violations occurring on attachments that are newly-constructed and newly-permitted by the occupant or are caused by the occupant’s transfer of currently-permitted facilities to new poles. The occupant must immediately correct the noticed violation. If the violation is not corrected within five days of the notice, the pole owner may immediately impose sanctions.

(a) Sanctions may be imposed under this section only within 90 calendar days of the pole occupant providing the pole owner with a notice of completion.

(b) Sanctions under this section will not be charged to the pole occupant if the violation is discovered in a joint post-construction inspection between the pole owner and pole occupant, or their respective representatives, and is corrected by the pole occupant within 60 calendar days of the joint post-construction inspection or within a mutually-agreed upon time.

(c) If the pole occupant performs an inspection and requests a joint post construction inspection, the pole owner’s consent to such inspection must not be unreasonably withheld.

(6) This rule does not apply to a pole occupant that is a government entity.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 2-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0150 & 860-034-0850
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0160 Choice of Sanctions

(1) If a pole owner contends that an attachment of a pole occupant violates more than one rule that permits the pole owner to impose a sanction, then the pole owner may select only one such rule on which to base the sanction.

(2) If a pole owner has a contract with a pole occupant that imposes sanctions that differ from those set out in these rules, then the sanctions in the contract apply unless the pole owner and pole occupant agree otherwise.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0160 & 860-034-0860
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0170 Plans of Correction

(1) A plan of correction must, at a minimum, set out:

(a) Any disagreement, as well as the facts on which it is based, that the pole occupant has with respect to the violations alleged by the pole owner in the notice;

(b) The pole occupant's suggested compliance date, as well as reasons to support the date, for each pole that the pole occupant agrees is not in compliance with OAR 860-028-0120.

(2) If a pole occupant suggests a compliance date of more than 180 days following receipt of a notice of violation, then the pole occupant must show good cause.

(3) Upon its receipt of a plan of correction that a pole occupant submits under OAR 860-028-0150(3)(a), a pole owner must give notice of its acceptance or rejection of the plan.

(a) If the pole owner rejects the plan, then it must set out all of its reasons for rejection and, for each reason, must state an alternative that is acceptable to it;

(b) The pole occupant’s time for compliance set forth in the plan of correction begins when the plan of correction is mutually agreed upon by both the pole owner and the occupant.

(c) If a plan of correction is divisible and if the pole owner accepts part of it, then the pole occupant must carry out that part of the plan.

(d) If a pole occupant submits a plan, the pole occupant must carry out all provisions of that plan unless the pole owner consents to a submitted plan amendment.

(4) Pole occupants submitting a plan of correction must report to the pole owner all corrections completed within the timelines provided for within the plan.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675
PUC 2-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0170 & 860-034-0870
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0180 Removal of Occupant Pole Attachments

(1) If the pole occupant fails to meet the time limitations set out in OARs 860-028-0120, 860-028-0130, 860-028-0140, or 860-028-0150 by 180 or more days, then the pole owner may request an order from the Commission authorizing removal of the pole occupant's attachments. Nothing in this section precludes a party from pursuing other legal remedies.

(2) This rule does not apply to a pole occupant that is a government entity.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675
PUC 2-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0180 & 860-034-0880
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0190 Notice of Violation

A pole owner that seeks, under these rules, any type of relief against a pole occupant for violation of OAR 860-028-0120 must provide the pole occupant notice of each attachment allegedly in violation of the rule, including the provision of the rule each attachment allegedly violates; an explanation of how the attachment violates the rule; and the pole number and location, including pole owner maps and GPS coordinates, if available.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675
PUC 2-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0190 & 860-034-0890
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0195 Time Frame for Final Action by Commission

The Commission shall issue its final order within 360 days of the date a complaint is filed in accordance with these rules. This rule does not apply to a complaint involving the attachment(s) of an “incumbent local exchange carrier” (as that phrase is defined in 47 U.S.C. Section 251(h)(2002)).

History

Statutory/Other Authority: ORS 183, 756, 757 & 759 & 47 USC § 224(c)(3)(B)(ii)
Statutes/Other Implemented: ORS 756.040, 757.270-290, 759.045 & 759.650-675
PUC 9-2004, f. & cert. ef. 4-21-04

Or. Admin. R. 860-028-0200 Joint-Use Association

(1) Pole owners and pole occupants shall establish a Joint-Use Association (JUA). The Association shall elect a Board from the JUA, which shall include representatives of pole owners, pole occupants, and government entities. The Board shall act as an advisor to the Commission with respect to:

(a) Adoption, amendment, or repeal of administrative rules governing pole owners and pole occupants; and

(b) Settlement of disputes between a pole owner and a pole occupant that arise under administrative rules governing pole owners and pole occupants.

(2) In the event a representative is involved in a dispute under subsection (1)(b) of this rule, then the representative shall not participate in resolution of the dispute, and the JUA shall appoint a temporary representative with a similar interest.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0200 & 860-034-0900
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0210 Resolution of Disputes over Plans of Correction

(1) If a pole occupant and a pole owner have a dispute over the reasonableness of the plan of correction, then either party may request an order from the Commission to resolve the dispute. The party requesting resolution shall provide notice of its request to the Commission and to the other party:

(a) Upon receipt of a request, the Commission Staff shall, within 15 days, provide to the parties a recommended order for the Commission;

(b) Either party may, within 15 days of receipt of the recommended order, submit written comments to the Commission regarding the recommended order;

(2) Notwithstanding section (1) of this rule, either the pole owner or pole occupant may request a settlement conference with the Joint-Use Association. The settlement conference shall be in addition to, not in lieu of, the process set forth in section (1).

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0210 & 860-034-0910
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0220 Resolution of Factual Disputes

(1) If a pole occupant and pole owner have a dispute over facts that the pole occupant and pole owner must resolve so that the pole owner can impose appropriate sanctions, or in the event that a pole occupant is alleging that a pole owner is unreasonably delaying the approval of a written contract or the issuance of a permit, then either the pole owner or the pole occupant may request a settlement conference before the Joint-Use Association (JUA). The party making the request shall provide notice to the other party and to the JUA.

(2) If the JUA does not settle a dispute described in section (1) of this rule within 90 days of the notice, then either the pole owner or the pole occupant may request a hearing before the Commission and an order from the Commission to resolve the dispute:

(a) Upon receipt of a request, the Commission Staff shall, within 30 days, provide to the parties a recommended order for the Commission;

(b) Either party may, within 30 days of receipt of the recommended order, submit written comments to the Commission regarding the recommended order;

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0220 & 860-034-0920
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0230 Pole Attachment Rental Reductions

(1) Except as provided in section (3), a licensee must receive a rental reduction.

(2) The rental reduction must be based on ORS 757.282(3) and applicable administrative rules.

(3) A pole owner or the Commission may deny the rental reduction to a licensee, if either the pole owner or the Commission can show that:

(a) The licensee caused serious injury to the pole owner, another pole joint-use entity, or the public resulting from non-compliance with Commission safety rules and Commission pole attachment rules or its contract or permits with the pole owner;

(b) The licensee does not have a written contract with the pole owner that specifies general conditions for attachments on the poles of the pole owner;

(c) The licensee engaged in a pattern of failing to obtain permits issued by the pole owner for each pole on which the pole occupant has attachments;

(d) The licensee engaged in a pattern of non-compliance with its contract or permits with the pole owner, Commission safety rules, or Commission pole attachment rules;

(e) The licensee engaged in a pattern of failing to respond promptly to the pole owner, Commission Staff, or civil authorities in regard to emergencies, safety violations, or pole modification requests; or

(f) The licensee engaged in a pattern of delays, each delay greater than 45 days from the date of billing, in payment of fees and charges that were not disputed in good faith, that were filed in a timely manner, and are due the pole owner.

(4) A pole owner that contends that a licensee is not entitled to the rental reduction provided in section (1) of this rule must notify the licensee of the loss of reduction in writing. The written notice must:

(a) State how and when the licensee violated either the Commission's rules or the terms of the contract;

(b) Specify the amount of the loss of rental reduction that the pole owner contends the licensee should incur; and

(5) If the licensee wishes to discuss the allegations of the written notice before the Joint-Use Association (JUA), the licensee may request a settlement conference. The licensee must provide notice of its request to the pole owner and to the JUA. The licensee may also seek resolution under section (6) of this rule.

(6) If the licensee wishes to contest the allegations of the written notice before the Commission, the licensee must send its response to the pole owner, with a copy to the Commission. The licensee must also attach a true copy of the written notice that it received from the pole owner.

(a) Upon receipt of a request, the Commission Staff must, within 30 days, provide to the parties a recommended order for the Commission;

(b) Either party may, within 30 days of receipt of the recommended order, submit written comments to the Commission regarding the recommended order;

(7) Except for the rental reduction amount in dispute, the licensee must not delay payment of the pole attachment rental fees due to the pole owner.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675
PUC 2-2007, f. & cert. ef. 4-16-07
PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0230 & 860-034-0930
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01

Or. Admin. R. 860-028-0310 Rental Rates and Charges for Attachments by Licensees to Conduits Owned by Public Utilities, Telecommunications Utilities, and Consumer-Owned Utilities

(1) This rule applies whenever a party files a complaint with the Commission pursuant to ORS 757.270 through 757.290 or 759.650 through 759.675.

(2) The conduit rental rate per linear foot is computed by multiplying the percentage of conduit capacity occupied by the net linear cost of conduit and then multiplying that product by the carrying charge.

(3) A licensee occupying part of a duct is deemed to occupy the entire duct.

(4) Licensees must report all attachments to the conduit owner. A conduit owner may impose a penalty charge for failure to report or pay for all attachments. If a conduit owner and licensee do not agree on the penalty and submit the dispute to the Commission, the penalty amount will be five times the normal rental rate from the date the attachment was made until the penalty is paid. If the date the attachment was made cannot be clearly established, the penalty rate will apply from the date the conduit owner last inspected the conduit in dispute. The last inspection date is deemed to be no more than five years before the unauthorized attachment is discovered. The conduit owner also may charge for any expenses it incurs as a result of the unauthorized attachment.

(5) The conduit owner must give a licensee 18 months’ notice of its need to occupy licensed conduit and will propose that the licensee take the first feasible action listed:

(a) Pay revised conduit rent designed to recover the cost of retrofitting the conduit with multiplexing, optical fibers, or other space-saving technology sufficient to meet the conduit owner’s space needs;

(b) Pay revised conduit rent based on the cost of new conduit constructed to meet the conduit owner’s space needs;

(d) Construct and maintain sufficient new conduit to meet the conduit owner’s space needs.

(6) The rental rates referenced in section (2) of this rule do not include the costs of permit application processing, preconstruction activity, post construction inspection, make ready work, and the costs related to unauthorized attachments. Charges for activities not included in the rental rates must be based on actual costs, including administrative costs, and will be charged in addition to the rental rate.

(7) The owner may require prepayment from a licensee of the owner’s estimated costs for any of the work allowed by OAR 860-028-0100. Upon completion of the work, the owner will issue an invoice reflecting the actual costs, less any prepayment. Any overpayment will be promptly refunded, and any extra payment will be promptly remitted.

(8) The owner must be able to demonstrate that charges under sections (6) and (7) of this rule have been excluded from the rental rate calculation.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.270 - 757.290, 759.045 & 759.650 - 759.675
PUC 3-2007, f. & cert. ef. 4-16-07
PUC 2-1986, f. & ef. 2-7-86 (Order No. 86-107); PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185); PUC 9-1998, f. & cert. ef. 4-28-98; PUC 12-1998, f. & cert. ef. 5-7-98; PUC 4-2001, f. & cert. ef. 1-24-01; PUC 23-2001, f. & cert. ef. 10-11-01. Renumbered from 860-022-0060 & 860-034-0370

Or. Admin. R. 860-029-0001 Purpose

The purpose of this Division is to implement ORS 758.505 through 758.555 and to implement regulations relating to electric utilities and qualifying cogeneration and small power production facilities as provided under Section 210 of the federal Public Utility Regulatory Policies Act of 1978 (PURPA), Public Law 95-617 (16 USC 824a-3).

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756, 757 & 758
Statutes/Other Implemented: ORS 756.040, 757.612 & 758.505 - 758.555
PUC 3-2008, f. & cert. ef. 7-8-08
PUC 2-2001, f. & cert. ef. 1-5-01
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0005 Applicability of Rules

(1) These rules apply to all interconnection, purchase, and sale arrangements between a public utility and facilities that are qualifying facilities as defined herein. Provisions of these rules do not supersede contracts existing before the effective date of this rule. At the expiration of such an existing contract between a public utility and a cogenerator or small power producer, any contract extension or new contract must be offered on terms and conditions that comply with these rules.

(2) Nothing in these rules limits the authority of a public utility or a qualifying facility to agree to a rate, terms, or conditions relating to any purchase, which differ from the rate or terms or conditions that would otherwise be provided by these rules, provided such rate, terms, or conditions do not burden the public utility's customers.

(3) Upon request or its own motion, the Commission may waive any of the Division 29 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, amend filed 07/25/2023, effective 07/26/2023
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 8-1995, f. & cert. ef. 8-30-95 (Order No. 95-858)
PUC 14-1987, f. & ef. 11-19-87 (Order No. 87-1154)
PUC 5-1986, f. & ef. 5-15-87 (Order No. 86-488)
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0010 Definitions for Division 029 Rules

(1) "AC" means alternating current.

(2) "Avoided costs" means the electric utility’s incremental costs of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, the electric utility would generate itself or purchase from another source, including any costs of interconnection of such resource to the system.

(3) "Back-up power" and "stand-by power" mean electric energy or capacity supplied by a public utility to replace energy ordinarily generated by a qualifying facility’s own generation equipment during an unscheduled outage of the facility.

(4) "Capacity" means the average output in kilowatts (kW) committed by a qualifying facility to an electric utility during a specific period.

(5) "Capacity costs" mean the costs associated with supplying capacity; they are an allocated component of the fixed costs associated with providing the capability to deliver energy.

(6) "Certified qualifying facility" means a qualifying facility that is certified as such under 18 CFR Part 292.

(7) "Cogeneration" means the sequential generation of electric energy and useful heat from the same primary energy source or fuel for industrial, commercial, heating, or cooling purposes.

(8) "Cogeneration facility" means a facility which produces electric energy and steam or other forms of useful energy (such as heat) by cogeneration that are used for industrial, commercial, heating, or cooling purposes.

(9) "Commercial operation date" means the date after start-up testing is complete on which the total Nameplate Capacity Rating of the Facility is fully interconnected, fully integrated, and synchronized with the System, and the qualifying facility has satisfied the criteria required by the power purchase agreement to declare commercial operation.

(10) "Commission" means the Public Utility Commission of Oregon.

(11) "Contract Price" means during the fixed price term, the applicable fixed price for On-peak Hours and Off-peak Hours specified in the purchasing utility's avoided cost price schedule, and during the subsequent non-fixed price term, the purchasing utility's applicable Index Price in effect when the energy is generated.

(12) "Costs of interconnection" means the reasonable costs of connection, switching, dispatching, metering, transmission, distribution, equipment necessary for System protection, safety provisions, and administrative costs incurred by an electric utility directly related to installing and maintaining the physical facilities necessary to permit purchases from a qualifying facility.

(13) "Demand" means the average rate in kilowatts at which electric energy is delivered during a set period to be determined by mutual agreement between the electric utility and the customer.

(14) "Development period" means the time period commencing on the Effective Date and ending at 24:00 in the prevailing time zone in which the qualifying facility is located on the day before the scheduled commercial operation date or such earlier date on which the qualifying facility achieves the commercial operation date in compliance with these rules.

(15) "Effective date" means the date specified in the power purchase agreement on which the power purchase agreement between the qualifying facility and the public utility becomes effective.

(16) "Electric utility" means a nonregulated utility or a public utility as defined in ORS 758.505.

(17) "Energy" means electric energy, measured in kilowatt hours (kWh).

(18) "Energy costs" means:

(a) For nonfirm energy, the incremental costs associated with the production or purchase of electric energy by the electric utility, which include the cost of fuel and variable operation and maintenance expenses, or the cost of purchased energy;

(b) For firm energy, the combined allocated fixed costs and associated variable costs applicable to a displaced generating unit or to a purchase.

(19) "Existing QF" means a QF that is or has been operational before the effective date of a power purchase agreement.

(20) "Facility" means all equipment, devices, associated appurtenances, owned, controlled, operated, and managed by a qualifying facility in connection with, or to facilitate, the production, storage, generation, transmission, delivery, or furnishing of electric energy by the qualifying facility to the purchasing public utility and required to interconnect with the System.

(21) "FERC" means the Federal Energy Regulatory Commission.

(22) "Firm energy" means a specified quantity of energy committed by a qualifying facility to an electric utility.

(23) "Fixed rate term" means for qualifying facilities electing to sell firm energy or firm capacity or both, the period of a power purchase agreement during which the public utility pays the qualifying facility avoided cost rates determined either at the time of contracting or at the time of delivery.

(24) "Forced Outage" means

(a) An outage that requires immediate removal of a unit from service, another outage state, or a reserve shutdown state;

(b) An outage that does not require immediate removal of a unit from the in-service state but requires removal within six hours; or

(c) An outage that can be postponed beyond six hours but requires that a unit be removed from the in-service state before the end of the next weekend.

(25) "Generator Interconnection Agreement" means the generator interconnection agreement between the qualifying facility and qualifying facility's interconnection provider.

(26) "Index rate" means the market index rate approved by the Commission for inclusion in the purchasing public utility's standard power purchase agreement.

(27) "Interruptible power" means electric energy or capacity supplied by a public utility to a qualifying facility subject to interruption by the electric utility under certain specified conditions.

(28) "Maintenance Outage" means an outage that can be deferred beyond the next weekend but requires that the unit be removed from service before the next Planned Outage. A Maintenance Outage can occur any time during the year, has a flexible start date, may or may not have a predetermined duration and is usually shorter than a Planned Outage.

(29) "Maintenance power" means electric energy or capacity supplied by a public utility during scheduled outages of a qualifying facility.

(30) "MW" means megawatt.

(31) "MWh" means megawatt-hour.

(32) "Nameplate Capacity Rating" means maximum installed instantaneous power production capacity of the completed Facility, expressed in MW (AC), and measured at the Point of Interconnection, when operated in compliance with the Generation Interconnection Agreement and consistent with the recommended power factor and operating parameters provided by the manufacturer of the generator, inverters, and energy storage devices where relevant.

(33) "NERC" means the North American Electric Reliability Corporation.

(34) "Net Output" means all energy and capacity produced by the qualifying facility, less station service, losses, and other adjustments, flowing through the Point of Interconnection.

(35) "Network Upgrades" means an addition, modification, or upgrade to the transmission system of a purchasing utility required at or beyond the Point of Delivery to accommodate the transmission provider's receipt of energy from a generation facility to the transmission provider's System.

(36) "New qualifying facility" means a qualifying facility that is not an existing qualifying facility.

(37) "Nonfirm energy" means energy to be delivered by a qualifying facility to an electric utility on an "as available" basis; or energy delivered by a qualifying facility in excess of its firm energy commitment. The rate for nonfirm energy may contain an element representing the value of aggregate capacity of nonfirm sources.

(38) "Non-fixed price term" means the portion of the purchase term of a power purchase agreement that begins after the fixed-price term has ended, during which the qualifying facility receives pricing equal to the purchasing public utility's Index Rate. The length of the non-fixed price term is selected by the qualifying facility and specified in the power purchase agreement.

(39) "Nonregulated utility" means an entity providing retail electric utility service to Oregon customers that is a people’s utility district organized under ORS Chapter 261, a municipal utility operating under ORS Chapter 225, or an electric cooperative organized under ORS Chapter 62.

(40) "Off-peak hours" means all hours other than On-peak hours.

(41) "On-peak hours" means the hours designated as such in the purchasing public utility's avoided cost price schedule.

(42) "Permits" mean the permits, licenses, approvals, certificates, entitlements and other authorizations issued by governmental authorities required for the construction, ownership or operation of the Facility or occupancy of the site on which it is located.

(43) "Planned Outage" means an outage that is scheduled well in advance and is of a predetermined duration. A "Planned Outage" is also known as a "Scheduled Outage ."

(44) "Point of Delivery" means for off-system qualifying facilities, the point on the purchasing public utility's distribution or transmission system where the qualifying facility and purchasing public utility have agreed the qualifying facility will deliver energy to the purchasing public utility. For on-system qualifying facilities, the Point of Delivery is the Point of Interconnection.

(45) "Point of Interconnection" means the point where the qualifying facility is electrically connected to an electric utility's transmission or distribution system.

(46) "Primary energy source" means the fuel or fuels used for the generation of electric energy. The term does not include minimum amounts of fuel required for ignition, start-up, testing, flame stabilization, and control uses; the term does not include minimum amounts of fuel required to alleviate or prevent unanticipated equipment outages and emergencies which directly affect the public health, safety, or welfare.

(47) "Public utility" means a utility regulated by the Commission under ORS Chapter 757, that provides electric power to customers.

(48) "Purchase" means the purchase of electric energy or capacity or both from a qualifying facility by an electric utility.

(49) "Purchase period" means the period of a power purchase agreement during which the qualifying facility is required to sell power to the public utility and the public utility is required to purchase power offered for sale.

(50) "Qualifying facility" means a cogeneration facility or a small power production facility as defined in 18 CFR Part 292. Unless otherwise specified, "qualifying facility" includes proposed qualifying facilities, (e.g., entities that intend to obtain certification as a qualifying facility but that have not yet done so).

(51) "Rate" means any price, charge, or classification made, demanded, observed, or received with respect to the sale or purchase of electric energy or capacity or any rule, regulation, or practice respecting any such price, charge, or classification.

(52) "Renewable energy certificate" has the meaning given that term in OAR 330-160-0015(17).

(53) "Renewable Portfolio Standard" or "RPS' is the standard for large electric utilities in ORS 469A.052(1) or the standard for small electric utilities in ORS 469A.055 in effect as of October 23, 2018.

(54) "Renewable qualifying facility" means a qualifying facility that generates electricity that may be used for compliance with the RPS.

(55) "RPS attributes" means all attributes related to the Net Output generated by the qualifying facility that are required to provide the public utility with "qualifying electricity" as that term is defined in Oregon's Renewable Portfolio Standard Act, ORS 469A.010, in effect as of October 23, 2018. RPS attributes do not include environmental attributes that are greenhouse gas offsets from methane capture not associated with the generation of electricity.

(56) "Sale" means the sale of electric energy or capacity or both by a public utility to a qualifying facility.

(57) "Schedule" means the purchasing public utility's schedule filed with the Commission setting forth terms and rates for standard power purchase agreements.

(58) "Scheduled commercial operation date" means the commercial operation date specified by the qualifying facility and included in the standard power purchase agreement.

(59) "Small power production facility" means a facility which produces electric energy using as a primary energy source biomass, waste, solar energy, wind power, water power, geothermal energy, or any combination thereof. Only small power production facilities which, with any other facilities located at the same site, have power production capacities of 80 megawatts or less, are covered by these rules.

(60) "Start-up Testing" means the start-up testing required by the manufacturer or interconnection provider that establishes that the Facility is reliably producing electric energy.

(61) "System" means the electric transmission and distribution system owned or operated by the purchasing public utility, or where applicable, another electric utility.

(62) "Test energy" means electric energy generated by the Facility during the Test Period, and renewable energy certificates and capacity rights associated with such electric energy.

(63) "Test period" means a period during which Start-up Testing is conducted.

(64) "Time of delivery" means:

(a) In the case of capacity, when the generation is first online and capable of meeting the capacity commitment of the qualifying facility to the electric utility under the terms of its contract or other legally enforceable obligation.

(b) In the case of firm energy and depending upon the contract between the parties, either:

(A) When the first kilowatt-hour of energy is able to be delivered under the commitment of the qualifying facility; or

(B) When each kilowatt-hour is delivered under the commitment of the qualifying facility.

(65) "Time the obligation to purchase the energy capacity or energy and capacity is incurred" means the earlier of:

(a) The date on which a binding, written obligation is entered into between a qualifying facility and a public utility to deliver energy, capacity, or energy and capacity; or

(b) The date determined by the Commission.

(66) "Total output" means all energy produced by the Facility.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, amend filed 07/25/2023, effective 07/26/2023
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 14-1987, f. & ef. 11-19-87 (Order 87-1154)
PUC 5-1986, f. & ef. 5-15-86 (Order 86-488)
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0020 Obligations of Qualifying Facilities to the Electric Utility

The conditions listed in this rule apply to all qualifying facilities that sell electricity to a public utility under this Division:

(1) The owner or operator of a qualifying facility purchasing or selling electricity pursuant to these rules must execute a written agreement with the public utility.

(2) Contracts:

(a) All contracts between a qualifying facility and a public utility for energy, or energy and capacity must include language which substantially conforms to the following: This agreement is subject to the jurisdiction of those governmental agencies and courts having control over either party or this agreement. The public utility’s compliance with the terms of this contract is conditioned on the qualifying facility submitting to the public utility and to the Public Utility Commission of Oregon, before the date of initial operation, certified copies of all local, state, and federal licenses, permits, and other approvals required by law.

(b) Under subsection (2)(a) of this rule, the public utility shall bear no obligation to identify which approvals are required by law, or to verify the approvals were properly obtained, or that the project is maintained pursuant to the terms of the approvals.

(3) To ensure system safety and reliability of interconnected operations, all interconnected qualifying facilities must be constructed and operated in accordance with all applicable federal, state, and local laws and regulations.

(4) The qualifying facility must furnish, install, operate, and maintain in good order and repair, and without cost to the public utility, switching equipment, relays, locks and seals, breakers, automatic synchronizers, and other control and protective apparatus as shown by the public utility to be reasonably necessary to operate the qualifying facility in parallel with the public utility’s system, or may contract for the public utility to do so at the expense of the qualifying facility. Delivery must be at a voltage, phase, power factor, and frequency as specified by the public utility.

(5) Switching equipment capable of isolating the qualifying facility from the public utility’s system must be accessible to the public utility at all times.

(6) The qualifying facility must allow the public utility the option of operating the switching equipment, described in section (4) of this rule if, in the sole opinion of the public utility, continued operation of the qualifying facility in connection with the public utility’s system may create or contribute to a system emergency. Such a decision by the public utility is subject to the Commission’s verification pursuant to OAR 860-029-0070. The public utility must endeavor to minimize any adverse effects on the qualifying facility of the operation of the switching equipment.

(7) Any agreement between a qualifying facility and a public utility must provide for the degree to which the qualifying facility must assume responsibility for the safe operation of the interconnection facilities.

(8) At its option, the public utility may require a qualifying facility to report periodically the amount of deliveries and scheduled deliveries to the public utility, as shown to be reasonably necessary for the public utility’s system operations and reporting.

History

Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS 756.040, 758.505-758.555
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 2-1985, f. & ef. 2-15-85 (Order No. 85-099)
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0030 Obligations of the Public Utility to Qualifying Facilities

(1) Obligations to purchase from qualifying facilities: Each public utility must purchase, in accordance with OAR 860-029-0040, any energy and capacity in excess of station service (power necessary to produce generation) and amounts attributable to conversion losses that is made available from a qualifying facility:

(a) Directly from a qualifying facility in its service territory; or

(b) Indirectly from a qualifying facility in accordance with section (4) of this rule.

(2) Obligation to sell to qualifying facilities: Each public utility must sell to any qualifying facility, in accordance with OAR 860-029-0050, any energy and capacity requested by the qualifying facility on the same basis as available to other customers of the public utility in the same class who do not generate electricity.

(3) Obligation to interconnect: Each public utility must interconnect with any qualifying facility as may be necessary to accomplish purchases or sales under this division. The obligation to pay for any interconnection costs shall be determined under OAR 860-029-0060.

(4) Option to wheel power to other electric utilities or to the Bonneville Power Administration: At the request of a qualifying facility, a public utility (which would otherwise be obliged to purchase energy or capacity from such qualifying facility) may transmit (wheel) energy or capacity to any other electric utility or to the Bonneville Power Administration, at the expense of the qualifying facility. Use of a public utility’s transmission facilities shall be on a cost-related basis.

(5) Parallel operation: Each public utility must offer to operate in parallel with a qualifying facility, provided that the qualifying facility complies with the standards established in accordance with OAR 860-029-0020.

(6) When the generating portion of the qualifying facility consumes more electric energy than it produces, the public utility shall cease purchases.

(7) Within 30 days of the execution of any purchase agreement with a qualifying facility, the public utility must file with the Commission a true copy or summary of the terms of the executed agreement. If a summary is filed, the summary must identify the quantity and quality of the power and the price being paid. A true copy of the executed contract must be made available upon request for Commission staff review.

History

Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS 756.040, 758.505 - 758.555
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0040 Rates for Purchases

(1) Rates for purchases by public utilities must:

(a) Be just and reasonable to the public utility’s customers and in the public interest; and

(b) Be in accordance with this rule, regardless of whether the public utility making such purchases is simultaneously making sales to the qualifying facility.

(2) Establishing rates:

(a) Except for qualifying facilities in existence before November 8, 1978, and except when a public utility fails to make a good faith effort to comply with the request from a qualifying facility to wheel, a purchase rate satisfies the requirements of section (1) of this rule if the rate equals the avoided costs after consideration of the factors set forth in section (5) of this rule.

(b) If a public utility fails to make a good faith effort to comply with the request from a qualifying facility to wheel, the public utility must purchase at a rate which is the public utility’s avoided cost or the index rate, whichever is higher. A good faith effort will be demonstrated by the public utility’s publication of a generally applicable reasonable policy of the public utility to use the public utility’s transmission facilities on a cost-related basis.

(c) When the purchase rates are based upon estimates of avoided costs over a specific term of the contract or other legally enforceable obligation, the rates do not violate these rules if any payment under the obligation differs from avoided costs.

(d) Nothing in these rules will be construed as requiring payment of avoided-cost prices to qualifying facilities in existence before November 1978, provided, however, that prices for such purchases shall be sufficient to encourage continued power production.

(3) Rates for purchases — time of calculation: Each qualifying facility has the option to:

(a) Provide nonfirm energy as the qualifying facility determines such energy to be available for such purchases, in which case the rates for such purchases must be based on the purchasing public utility’s nonfirm energy avoided cost or if subsection (2)(b) of this rule is applicable, in effect when the energy is delivered; or

(b) Provide firm energy and/or capacity pursuant to a legally enforceable obligation for the delivery of energy and/or capacity over a specified term, in which case the rates for purchases must be based on:

(A) The avoided costs calculated at the time of delivery, or, if subsection (2)(b) of this rule is applicable, the index rate in effect at the time of delivery; or

(B) At the election of the qualifying facility, exercised at the time the obligation is incurred, the avoided costs, or the index rate then in effect if subsection (2)(b) of this rule is applicable, projected over the life of the obligation and calculated at the time the obligation is incurred.

(4) Standard rates for purchases shall be implemented as follows:

(a) In the same manner as rates are published for electricity sales, each public utility shall file with the Commission, within 30 days of Commission acknowledgement of its integrated resource plan, standard rates for purchases from eligible qualifying facilities to become effective 30 days after filing. The publication shall contain all the terms and conditions of the purchase.

(b) If a public utility fails to make a good faith effort to comply with the request from a qualifying facility to wheel, the public utility shall purchase at a rate which is the public utility’s standard rate or the index standard rate, whichever is higher. A good faith effort shall be demonstrated by the public utility’s publication of its generally accepted reasonable policy to use the public utility’s transmission facilities on a cost-related basis.

(c) The public utility’s standard rate may differentiate among qualifying facilities using various technologies on the basis of the supply characteristics of the different technologies.

(5) Factors affecting rates for purchases: In determining avoided costs and for determining the index rate the following factors will, to the extent practicable, be taken into account:

(a) The data provided pursuant to OAR 860-029-0080(3) and the Commission’s evaluation of the data; and

(b) The availability of energy or capacity from a qualifying facility during the system daily and seasonal peak periods, including:

(A) The ability of the public utility to dispatch output of the qualifying facility;

(B) The expected or demonstrated reliability of the qualifying facility;

(D) The extent to which scheduled outages of the qualifying facility can be usefully coordinated with scheduled outages of the public utility’s facilities;

(E) The usefulness of energy and/or capacity supplied from a qualifying facility during system emergencies, including its ability to separate its load from its generation;

(F) The individual and aggregate value of energy and capacity from qualifying facilities on the public utility’s system; and

(G) The smaller capacity increments and the shorter lead times available, if any, with additions of capacity from qualifying facilities.

(c) The relationship of the availability of energy and/or capacity from the qualifying facility as derived in subsection (5)(b) of this rule, to the ability of the public utility to avoid costs, including the deferral of capacity additions and the reduction of fossil fuel use; and

(d) The costs or savings resulting from variations in line losses from those that would have existed in the absence of purchases from a qualifying facility if the purchasing public utility generated an equivalent amount of energy itself or purchased an equivalent amount of energy and/or capacity.

(6) Each public utility that is currently complying with Oregon's renewable portfolio standard must offer renewable and non-renewable avoided cost rates to eligible qualifying facilities.

History

Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS 756.040, 758.505 - 758.555
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 11-1991, f. & cert. ef. 12-5-91 (Order No. 91-1605)
PUC 14-1987, f. & ef. 11-19-87 (Order No. 87-1154)
PUC 5-1986, f. & ef. 5-15-86 (Order No. 86-488)
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0043 Standard Rates for Purchase

(1) Each public utility must offer standard non-renewable avoided cost rates to eligible qualifying facilities.

(2) Each public utility that acts to comply with Oregon's renewable portfolio standard must offer standard renewable avoided cost rates to eligible qualifying facilities.

(3) Unless the Commission adopts a higher threshold, all qualifying facilities with a nameplate capacity of 100 kW and less are eligible for standard avoided cost rates.

(4) Each public utility must file standard avoided cost rates that differentiate between qualifying facilities of different resource types by taking into account the contributions to meeting the utility's peak capacity of the different resource types.

(5) Each public utility must update its standard avoided costs in accordance with OAR 860-029-0085.

History

Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS 756.040, 758.505-758.555
PUC 8-2018, adopt filed 11/02/2018, effective 11/02/2018

Or. Admin. R. 860-029-0044 Allocation of Costs to Related Deliveries from Off-system Qualifying Facilities

(1) If the merchant function of the purchasing public utility has access to information that the proposed Point of Delivery in an off-system qualifying facility's request for a draft standard power purchase agreement may be unavailable due to transmission capacity constraints or competing uses of reserved transmission, the purchasing public utility will provide the qualifying facility with written notice of the possible constraint or reserved use and if applicable, the purchasing public utility's decision to decline the qualifying facility's proposed Point of Delivery. A purchasing public utility must act reasonably and without undue discrimination in declining the qualifying facility's proposed Point of Delivery. Nothing in this section prevents the purchasing public utility from proposing an alternate Point of Delivery or requires the purchasing public utility to undertake informational or other studies or to change its standard study processes to seek information not reasonably in its possession during the contracting process.

(2) If the qualifying facility proposes an alternate Point of Delivery in response to a purchasing public utility's written notice under section (1), the purchasing public utility will have 15 business days to complete its review of proposed alternate Point of Delivery and provide the notification described in section (1) if applicable.

(3) Provided that the purchasing public utility and the qualifying facility have agreed upon a Point of Delivery, the standard power purchase agreement for an off-system qualifying facility may, at the public utility's discretion, include a provision specifying that costs to construct transmission-service related Network Upgrades of the purchasing public utility's system necessary for transmission service for a qualifying facility's output may be allocated to the qualifying facility by Commission order after the process described in sections (4), (5), and (6) of this rule.

(4) If the purchasing public utility chooses to include a transmission-service-related Network Upgrade cost-allocation provision in the standard power purchase agreement for an off-system qualifying facility, the purchasing public utility must:

(a) Specify in the power purchase agreement that the development period in the standard power purchase agreement does not commence until after the processes in section (4) and, if applicable, sections (5) and (6), are complete; and the scheduled commercial operation date, fixed price term, and purchase term in the power purchase agreement shall each be extended on a day-for-day basis until such processes are complete;

(b) No later than 15 business days after the Effective Date of the standard power purchase agreement, submit an application to the appropriate transmission provider requesting designation of the qualifying facility as a network resource and requesting network transmission service for the purpose of transmitting the power purchased from the qualifying facility to the purchasing public utility's load;

(A) 90 days prior to the scheduled commercial operation date; or

(B) As soon as practicable after the Effective Date of the executed standard power purchase agreement if the scheduled commercial operation date is less than 90 days following the Effective Date.

(d) No later than five business days after the purchasing public utility's receipt of a response to the application submitted under subsection (b), inform the qualifying facility of the transmission provider's response;

(e) No later than 15 business days after the purchasing public utility's receipt of a response to the application submitted under subsection (b), notify the qualifying facility in writing whether it has determined that costs should be allocated to the qualifying facility and, if so, what costs. Within 15 business days of receiving that cost allocation determination, the qualifying facility must notify the purchasing public utility of whether it objects to its cost allocation determination.

(f) If the purchasing public utility is notified of an objection to its cost allocation determination under subsection (e), it must initiate a proceeding with the Commission by filing its proposed cost allocation determination within 15 business days.

(5) Upon receipt of a request for a cost allocation determination under subsection (4)(e), the Commission will conduct a proceeding at which the purchasing public utility and qualifying facility will each have opportunity to present their respective positions to the Commission as to the proper allocation of the costs of transmission-service-related Network Upgrades. After providing notice and opportunity to comment regarding a request filed under subsection (4)(f), the Commission will issue an order regarding the appropriate allocation of costs of transmission service Network Upgrades.

(6) After receipt of notice under subsection (4)(e) of this section that the purchasing public utility is seeking a cost allocation determination, but no later than 15 business days after any Commission order allocating costs of transmission-service-related Network Upgrades to the qualifying facility, the qualifying facility may terminate the power purchase agreement upon written notice to the purchasing public utility or may request the public utility agree to an alternate Point of Delivery under section (2). The qualifying facility's timely termination of the standard power purchase agreement under this section will not be an event of default, and no damages or other liabilities under the power purchase agreement will be owed by or to either party. If the qualifying facility requests an alternate Point of Delivery, the public utility's response is subject to the requirements in this rule.

(7) Notwithstanding the other sections in this rule, nothing prevents the purchasing public utility and qualifying facility from agreeing to amend the standard power purchase agreement to address transmission-service-related Network Upgrade costs or to substitute a new Point of Delivery.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, adopt filed 07/25/2023, effective 07/26/2023

Or. Admin. R. 860-029-0045 Eligibility for Standard Avoided Cost Prices and Purchase Agreements

(1) Solar qualifying facilities with a Nameplate Capacity Rating of 3 MW and less, and all other qualifying facilities with a Nameplate Capacity Rating of 10 MW and less, are eligible for standard avoided cost prices.

(2) All qualifying facilities with a Nameplate Capacity Rating of 10 MW and less are eligible to enter into a standard power purchase agreement.

(3) Renewable qualifying facilities that satisfy the criteria of section (1) are eligible to select the purchasing public utility's standard renewable avoided cost prices. A renewable qualifying facility choosing the standard renewable avoided cost prices must cede all renewable energy certificates generated by the Facility to the purchasing public utility while the qualifying facility is receiving deficiency-period pricing from the purchasing public utility and during any other period of the power purchase agreement ordered by the Commission.

(4) The determination of Nameplate Capacity Rating for purposes of determining whether a qualifying facility meets the size criteria in sections (1) and (2) is based on the cumulative Nameplate Capacity Rating of the qualifying facility seeking the standard avoided cost prices or power purchase agreement and that of any other Facilities owned by the same person(s) or affiliate(s) located on the same site.

(a) Two qualifying facilities are located on the same site if the generating facilities or equipment providing fuel or motive force associated with the qualifying facilities are located within a five-mile radius and the qualifying facilities use the same source of energy or motive force to generate electricity;

(b) For purposes of this section:

(A) Person(s) are natural persons or any legal entities.

(B) Affiliate(s) are persons sharing common ownership or management, persons acting jointly or in concert with, or exercising influence over, the policies of another person or persons, or wholly owned subsidiaries.

(C) To the extent a person or affiliate is a closely held entity, a "look through" rule applies so that project equity held by limited liability companies, trusts, estates, corporations, partnerships, and other similar entities is considered to be held by the owners of the look through entity.

(c) Notwithstanding subsections (4)(a) and (b), the qualifying facility seeking standard prices or a standard power purchase agreement, and other Facilities within the same five-mile radius, will not be considered owned or controlled by the same person(s) or affiliate(s) if the person(s) or affiliate(s) in common are passive investors whose ownership interest is primarily for obtaining value related to production tax credits, green tag values, or modified accelerated cost recovery system (MACRS) depreciation, and the qualifying facility and other Facilities at issue are "family-owned" or "community-based" project(s):

(A) Family-owned. A project will be considered "family owned" if, after excluding the ownership interest of those who qualify as passive investor(s) under (4)(c), five or fewer individuals hold at least 50 percent of the project entity, or 15 or fewer individual entities hold at least 90 percent of the project entity. For purposes of counting the number of individuals holding the remaining share (i.e., determining whether there are 5 or fewer individuals or 15 or fewer individuals), an individual is a natural person. Notwithstanding the foregoing, an individual, his or her spouse, and his or her dependent children, will be aggregated and counted as a single individual even if the spouse and/or dependent children also hold equity in the project;

(B) Community Based. A community-based (or community-sponsored) project must include participation by an established organization that is located either in the county in which the qualifying facility is located or within 50 miles of the qualifying facility and that either:

(i) Has a genuine role in developing, or helping to develop, the qualifying facility and intends to have a significant continuing role with, or interest in, the qualifying facility after it is completed and placed in service; or

(ii) Is a unit of local government that will not have an equity ownership interest in or exercise any control over the management of the qualifying facility and whose only interest is a share of the cash flow from the qualifying facility, that may not exceed 20 percent without prior approval of the Commission for good cause.

(d) Notwithstanding subsections (4)(a) and (b), two or more qualifying facilities that otherwise are not owned or operated by the same person(s) or affiliate(s) will not be determined to be a single qualifying facility based on the fact that they have in place a shared interest or agreement regarding interconnection facilities, interconnection-related system upgrades, or any other infrastructure not providing motive force or fuel. Two or more qualifying facilities will not be held to be owned or controlled by the same person(s) or affiliate(s) solely because they are developed by a single entity so long as they are not owned or operated by the same person(s) or affiliate(s) of the same person(s) at the time each qualifying facility seeks to enter into a power purchase agreement or at any time thereafter.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, adopt filed 07/25/2023, effective 07/26/2023

Or. Admin. R. 860-029-0046 Process for Procuring Standard Power Purchase Agreement

(1) Each public utility must file with the Commission a schedule outlining the process for acquiring a standard power purchase agreement that is consistent with the provisions of OAR 860 division 029 and Commission policy and that satisfies the requirements of this section.

(2) Upon request, each public utility must provide a draft standard power purchase agreement to an eligible qualifying facility after the qualifying facility has provided the public utility, in written form:

(a) An executed standard form of interconnection study agreement and evidence that all related interconnection study application fees have been paid, or evidence that no study is required; and

(b) Documentary evidence that the qualifying facility has taken meaningful steps to seek site control of the proposed location of the qualifying facility including, but not limited to, documentation demonstrating:

(A) An ownership of, a leasehold interest in, or a right to develop, a site of sufficient size to construct and operate the qualifying facility;

(B) An option to purchase or acquire a leasehold interest in a site of sufficient size to construct and operate the qualifying facility; or

(C) Another document that clearly demonstrates the commitment of the grantor to convey sufficient rights to the developer to occupy a site of sufficient size to construct and operate the qualifying facility, such as an executed agreement to negotiate an option to lease or purchase the site.

(A) Demonstration of ability to obtain certified qualifying facility status prior to commercial operation; for qualifying facilities larger than 1 MW, a Form 556 self-certification of the proposed qualifying facility or a FERC order granting an application for certification of the proposed qualifying facility is required;

(B) Demonstration of eligibility for standard power purchase agreement and pricing under OAR 860-029-0045;

(D) Estimate of station service requirements and net amount of power to be delivered to the purchasing public utility's electric System;

(E) Generation technology and other related technology applicable to the site;

(F) Non-binding estimate of 12 x 24 delivery schedule and 8760 generation profile when practicable; estimates of the net amount of power to be delivered to the public utility's electric system and the 12 x 24 delivery schedule are subject to revision until the date the qualifying facility commences commercial operation;

(G) Motive force or fuel plan;

(H) Proposed scheduled commercial operation date;

(I) Proposed contract term;

(J) Proposed pricing provisions;

(K) Point of Delivery as well as Point of Interconnection or multiple Points of Interconnection under consideration;

(L) Latitude and longitude of proposed facility and site layout;

(M) For a qualifying facility with battery storage system, description of the storage design capacity, description of technology used by battery storage system, storage system duration, and net power output;

(N) For a qualifying facility selecting a scheduled commercial operation date between three and five years after the Effective Date of the standard power purchase agreement pursuant to OAR 860-029-0120(5)(b), a copy of the interconnection study supporting the scheduled commercial operation date if one exists; and

(O) Other information specified in the utility's avoided cost rates schedule or standard power purchase agreement approved by the Commission.

(3) Once a qualifying facility has asked for a draft standard power purchase agreement and provided the information required under section (2), the public utility has 15 business days to provide the qualifying facility a draft standard power purchase agreement including current standard avoided cost prices and/or other optional pricing mechanisms as approved by the Commission.

(4) After receipt of a draft standard power purchase agreement, the qualifying facility may submit comments to the public utility regarding the draft agreement or request that the public utility prepare a final executable power purchase agreement.

(5) If the qualifying facility submits comments to the public utility or asks for revisions to the draft standard power purchase agreement, in writing, the public utility has 10 business days to:

(a) Notify the qualifying facility it cannot make the requested changes;

(b) Notify the qualifying facility it does not understand the requested changes or requires additional information; or

(c) Provide a revised draft power purchase agreement. However, the public utility will have 15 business days to respond or provide a revised draft standard power purchase agreement when the qualifying facility requests a change to the Point of Delivery.

(6) The process outlined in sections (4) and (5) of this rule will continue until both the qualifying facility and public utility agree to the terms of the draft standard power purchase agreement, i.e., neither the qualifying facility nor the purchasing public utility have outstanding issues, corrections, or comments regarding the draft power purchase agreement.

(7) After the parties concur on the terms of the draft standard power purchase agreement, the qualifying facility can submit a written request to the public utility for a final executable version of the purchase agreement. The public utility has 10 business days from the receipt of the written request to provide a final executable form of the purchase agreement to the qualifying facility.

(8) Upon receipt of the final executable form of the purchase agreement executed by the qualifying facility, the purchasing public utility has five business days in which to sign the final executable agreement.

(9) A legally enforceable obligation will be considered established on the date on which the qualifying facility executes the final executable form of the power purchase agreement or such earlier date that the Commission may order.

(10) Both QF parties and purchasing utilities acting pursuant to this rule are obligated to act in good faith when dealing with counterparties.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, amend filed 07/25/2023, effective 07/26/2023
PUC 8-2018, adopt filed 11/02/2018, effective 11/02/2018

Or. Admin. R. 860-029-0047 Integration Charges

(1) Each public utility may assess Commission-approved integration charges on wind and solar qualifying facilities that are located within the public utility's Balancing Authority Area.

(2) The public utility bears the burden to establish the proposed integration charge or charges reflecting the costs of integrating the type of resource that will be subject to the charges.

(3) To the extent they are to be imposed by the public utility, any integration charges must be included in the public utility's avoided cost schedules.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, adopt filed 07/25/2023, effective 07/26/2023

Or. Admin. R. 860-029-0050 Rates for Sales

(1) Rates for sales by public utilities must:

(a) Be just and reasonable and in the public interest; and

(b) Not discriminate against qualifying facilities.

(2) Rates for sales that are based on accurate data and consistent, system-wide costing principles will be considered not to discriminate against any qualifying facility to the extent that such rates apply to the public utility's other customers with similar load or other cost-related characteristics.

(3) The following additional services must be provided by a public utility to a qualifying facility at its request:

(a) Supplementary power;

(b) Back-up power;

(d) Interruptible power.

(4) When a waiver request is filed under OAR 860-029-0005(4), the Commission may waive any requirement of section (3) of this rule if, after notice in the area served by the public utility and after opportunity for public comment, the public utility demonstrates and the Commission finds that compliance with such requirement will:

(a) Impair the public utility's ability to render adequate service to its other customers; or

(b) Place an undue burden on the public utility.

(5) The rate for sale of back-up power or maintenance power:

(a) May not be based upon an assumption (unless supported by factual data) that forced outages or other reductions in electric output by all qualifying facilities on a public utility's system will occur simultaneously, during the system peak, or both; and

(b) Must take into account the extent to which scheduled outages of the qualifying facilities can be coordinated usefully with the scheduled outages of the public utility's facilities.

History

Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS 756.040, 758.505 - 758.555
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0060 Obligation to Pay and Reimbursement of Interconnection Costs

(1) Interconnection costs are the responsibility of the owner or operator of the qualifying facility. Interconnection costs that may reasonably be incurred by the public utility will be assessed against a qualifying facility on a nondiscriminatory basis with respect to other customers with similar load or other cost-related characteristics.

(2) The public utility will be reimbursed by the qualifying facility for any reasonable interconnection costs including costs of financing at an interest rate no greater than the effective rate of the public utility’s last senior securities issuance at the time of the contract with the qualifying facility. Such reimbursement may be over any agreed period not greater than one-half the length of any contract between the public utility and the qualifying facility when the contract is for a period greater than two years; otherwise, reimbursement will be made over a one-year period. At the public utility’s option and with the Commission’s approval, a public utility may guarantee a loan to a qualifying facility for interconnection costs rather than finance such costs from the public utility’s own funds.

History

Statutory/Other Authority: ORS 183, 756, 767, 758
Statutes/Other Implemented: ORS 756.040, 758.505 - 758.555
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0070 System Emergencies

(1) Qualifying facility’s obligation to provide power during system emergencies: A qualifying facility is required to provide energy and capacity to a public utility during a system emergency only to the extent:

(a) Provided by agreement between such qualifying facility and public utility; or

(b) Ordered under section 202(c) of the Federal Power Act.

(2) During any system emergency, a public utility may curtail:

(a) Purchases from a qualifying facility if such purchases would contribute to such emergency (including net output requirement); and

(b) Sales to a qualifying facility, as qualified by section (3) of this rule, provided that such curtailment is on a nondiscriminatory basis.

(3) Except in cases of practical impossibility, sales to a qualifying facility that is generating 50 percent or more of its load, may not be curtailed during a system emergency, or under mandatory curtailments established by Order No. 78-823, until all other customers in its class have been fully curtailed.

(4) A qualifying facility that is unable to deliver power to a public utility owing to curtailment by the public utility will be relieved of any obligation to sell to the public utility during the curtailment period.

History

Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS 756.040, 758.505 - 758.555
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0080 Electric Utility System Cost Data

(1) Each public utility must provide sufficient data concerning its avoided costs and costs of interconnection to allow the owner or operator of a qualifying facility to estimate, with reasonable accuracy, the payment it could receive from the utility if the qualifying facility went into operation under any of the purchase agreements provided for in these rules.

(2) By January 1 of each odd-numbered year, each nonregulated utility must prepare and file with the Commission a schedule of avoided costs equaling the nonregulated utility’s forecasted incremental cost of resources over at least the next 20 years.

(3) Each public utility must file with the Commission draft avoided-cost information at the time it files its integrated resource plan and file final avoided-cost information within 30 days of a Commission decision of acknowledgement of the integrated resource plan to be effective 30 days after filing. The information submitted will be maintained for public inspection and include the following data for calculating avoided costs:

(a) The estimated avoided costs on its system, solely with respect to the energy component, for expected levels of purchases from qualifying facilities. The levels of purchases will be stated in blocks of not more than 100 megawatts for systems with peak demand of 1,000 megawatts or more and in blocks equivalent to not more than 10 percent of the system peak demand for systems of less than 1,000 megawatts. The avoided costs will be stated on a cents-per-kWh basis, during peak and off-peak periods, by year, for the current calendar year and each of the next five years; and

(b) The public utility’s estimated capacity costs at completion of the planned capacity additions and planned capacity firm purchases, on the basis of dollars per kW, and the associated energy costs of each addition or purchase, expressed in cents per kWh. These costs will be expressed in terms of individual generating resources and of individual, planned firm purchases.

(4) Each public utility contracting to purchase nonfirm energy from a qualifying facility under OAR 860-029-0040(3)(a) must file with the Commission each quarter its nonfirm energy avoided cost.

(5) Nothing in these rules shall preclude the determination of avoided costs:

(a) As the average avoided costs over an appropriate period of time; or

(b) To reflect variations in avoided costs due to changes in stream flows, generating unit availability, loads, seasons, or other conditions.

(6) State review: Any data submitted by a public utility under this rule shall be subject to review and approval by the Commission. In any such review, the public utility has the burden of supporting and justifying its data.

(7)(a) On May 1 of each year, a public utility must file with the Commission updates to the avoided cost information filed under section (2) of this rule to be effective within 60 days of filing to reflect:

(A) Updated natural gas prices;

(B) On- and off-peak forward-looking electricity market prices;

(D) Any other action or change including changes to the capital costs of a proxy resource in an acknowledged IRP update that is relevant to the calculation of avoided costs.

(b) In the event a utility's integrated resource plan is acknowledged within 60 days of May 1 in a particular year, the utility may seek a waiver of either the May 1 update or the post IRP-acknowledgement filing.

(8) A public utility may propose or the Commission may require a public utility to file the data described in OAR 860-029-0080(3) anytime during the two-year period between filing integrated resource plans to reflect significant changes in circumstances, including, but not limited to, the acquisition of a major block of resources or the completion of a competitive bid. Such a revision will become effective 90 days after filing.

(9) At least every two years, the public utility must file with the Commission the data described in OAR 860-029-0040(4) and 860-029-0080(3).

History

Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS 756.040, 758.505 - 758.555
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742)
PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514)
PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)

Or. Admin. R. 860-029-0085 Requirements for Standard Avoided Cost Rates

(1) Each public utility must file with the Commission standard avoided cost rates within 30 days of a Commission decision regarding acknowledgement of the public utility's integrated resource plan.

(2) Each public utility currently complying with Oregon's renewable portfolio standard must file both "renewable" and "non-renewable" standard avoided cost rates.

(3) The standard avoided cost rates filed by a public utility under sections (1) and (2) of this rule are subject to review and approval as well as modification by the Commission. The Commission may suspend the standard avoided cost rates during review. In any such review, the public utility has the burden of supporting and justifying its standard avoided cost rates. The standard avoided cost rates will be effective 30 days after filing unless otherwise determined by the Commission.

(4)(a) On May 1 of each year, a public utility must file with the Commission updates to its standard avoided cost rates under sections (1) and (2) of this rule to reflect:

(A) Updated natural gas prices;

(B) On- and off-peak forward-looking electricity market prices;

(D) Any other actions or changes that are acknowledged by the Commission upon review of an IRP Update and that are relevant to the calculation of avoided costs.

(c) Updates filed under this section are subject to review and approval as well as modification by the Commission. The Commission may set the effective date of the standard avoided cost rates during review. In any such review, the public utility has the burden of supporting and justifying its standard avoided cost rates Standard avoided cost rates filed under this section will be effective within 60 days of filing.

(5)(a) Upon request or its own motion, the Commission may consider updates to avoided cost rates to reflect significant changes in circumstances including, but not limited to, the acquisition of a major block of resources or the completion of a competitive bid process.

(b) An update under this section may be considered at any time.

(c) Updates to avoided cost rates under this section are subject to review and approval by the Commission and will become effective within 90 days after filing.

History

Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS 756.040, 758.505-758.555
PUC 8-2018, adopt filed 11/02/2018, effective 11/02/2018

Or. Admin. R. 860-029-0100 Resolution of Disputes for Proposed Negotiated Power Purchase Agreements

(1) This rule applies to a complaint, filed pursuant to ORS 756.500, regarding the negotiation of a Qualifying Facility power purchase agreement for facilities with a capacity greater than the eligibility threshold for a standard contract for the Qualifying Facility's resource group. These provisions supplement the generally applicable filing and contested case procedures contained in OAR chapter 860, division 001.

(2) Before a complaint is filed with the Commission, the Qualifying Facility must have followed the procedures set forth in the applicable public utility’s tariff regarding negotiated power purchase agreements.

(3) At any time after 60 calendar days from the date a Qualifying Facility has provided written comments to the public utility regarding the public utility’s draft power purchase agreement, the Qualifying Facility may file a complaint with the Commission asking for adjudication of any unresolved terms and conditions of its proposed agreement with the public utility.

(4) A Qualifying Facility filing a complaint under this rule is the "complainant." The public utility against whom the complaint is filed is the "respondent."

(5) The complaint must contain each of the following, as described by the complainant:

(a) A statement that the Qualifying Facility provided written comments to the utility on the draft power purchase agreement at least 60 calendar days before the filing of the complaint.

(b) A statement of the attempts at negotiation or other methods of informal dispute resolution undertaken by the negotiating parties.

(d) A description of each party’s position on the unresolved provisions.

(e) A proposed agreement encompassing all matters, including those on which the parties have reached agreement and those that are in dispute.

(6) Along with the complaint, the Qualifying Facility must submit written direct testimony that includes all information upon which the complainant bases its claims.

(7) The Commission will serve a copy of the complaint upon the respondent. Service may be made by electronic mail if the Commission verifies the respondent’s electronic mail address to service of the complaint and a delivery receipt is maintained in the official file. Within 10 calendar days of service of the complaint, the respondent must file its response with the Commission, addressing in detail each claim raised in the complaint and a description of the respondent's position on the unresolved provisions. The respondent may also identify and present any additional issues for which the respondent seeks resolution.

(8) Along with its response the respondent must submit written direct testimony that includes all information upon which the respondent relies to support its position.

(9) An assigned Administrative Law Judge (ALJ) will conduct a conference with the parties to identify disputed issues, to establish a procedural schedule and to adopt procedures for the complaint proceeding. To accommodate the need for flexibility and to implement the intent of this streamlined complaint process, the ALJ retains the discretion to adopt appropriate procedures provided such procedures are fair, treat the parties equitably, and substantially comply with this rule. Such procedures may include, but are not limited to, hosting a technical workshop, holding a hearing, or submitting written comments.

(10) Only the counterparties to the agreement will have full party status. The ALJ may confer with members of the Commission Staff for technical assistance.

(11) After the hearing, or other procedures set forth in section (9), if the Commission determines that a term or provision of the proposed agreement is not just, fair, and reasonable, it may reject the proposed term or provision and may prescribe a just and reasonable term or provision. The Commission’s review is limited to the open issues identified in the complaint and in the response.

(12) Within 15 business days after the Commission issues its final order, the public utility must prepare a final version of the power purchase agreement complying with the Commission decision and serve it upon the Qualifying Facility. Within 10 days of service of the final power purchase agreement, the Qualifying Facility and the public utility may sign and file the agreement with the Commission, may request clarification whether the agreement terms comply with the Commission order, or may apply for rehearing or reconsideration of the order. The terms and conditions in the power purchase agreement will not be final and binding until the agreement is executed by both parties.

(13) The provisions of any power purchase agreement approved pursuant to this rule apply only to the parties to the agreement and are not to be considered as precedent for any other power purchase agreement negotiation or adjudication.

History

Statutory/Other Authority: ORS 183, 756
Statutes/Other Implemented: ORS 756.040, 758.505 - 758.555
PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 3-2008, f. & cert. ef. 7-8-08

Or. Admin. R. 860-029-0120 Standard Power Purchase Agreements

(1) Each public utility must offer standard power purchase agreements to eligible qualifying facilities. Each public utility must submit all forms of standard power purchase agreements to the Commission for approval.

(2) Qualifying facilities have the unilateral right to select a purchase period of up to 20 years for a standard power purchase agreement. Qualifying facilities electing to sell firm output at fixed prices have the unilateral right to a fixed-price term of up to 15 years, subject to the reduction specified in section (6) for a development period that exceeds three years. In addition, the fixed-price term continues to run during the cure period should the qualifying facility fail to meet the scheduled commercial operation date. Qualifying facilities may also select a nonfixed-price term of up to five years to run at the conclusion of the fixed-price term.

(3) The development period of a standard power purchase agreement begins on the Effective Date, unless the start of the development period is delayed by the initiation of the Network Upgrade cost allocation process in OAR 860-029-0044. The development period ends at 24:00 in the time zone in which the qualifying facility is located on the day before the scheduled commercial operation date specified in the standard power purchase agreement or such earlier date on which the qualifying facility achieves the commercial operation date in compliance with these rules.

(4) The purchase period of a standard power purchase agreement begins on the earlier of the commercial operation date or the scheduled commercial operation date. The scheduled commercial operation date may be delayed by Force Majeure, extended by agreement of the purchasing public utility and the qualifying facility or modified under subsection (5)(b) or section (6) of this rule. In these cases, the purchase period and fixed price term commence on the earlier of the commercial operation date or the delayed or extended scheduled operation date.

(5) A qualifying facility may specify a scheduled commercial operation date for a standard power purchase agreement subject to the following requirements:

(a) Anytime within three years from the date of agreement execution;

(b) Anytime within five years from the date of agreement execution. If the qualifying facility can, utilizing the process specified in section (6), provide an interconnection study by the purchasing utility showing that the time it will take the purchasing utility to complete the interconnection to the qualifying facility necessitates a commercial operation date longer than three years from the Effective Date, then the additional time necessitated by the interconnection up to an additional two years will not be taken off the period of the fixed-price term. Under other circumstances, the additional time will be taken off the period of the fixed-price term; or

(c) In any standard power purchase agreement with a scheduled commercial operation date more than three years after the Effective Date, except as specified otherwise in these rules, the fixed-price term will be reduced one day for every day of the development period after three-year anniversary of the Effective date, with the reduction taken from the end of the fixed-price term. Example: A standard power purchase agreement with a development period of three years and six months will have a fixed-price term of 14 years and 6 months. The fixed-price term will begin on the scheduled commercial operation date and will end after 14 years and 6 months.

(6) Modification of Scheduled Commercial Operation Date or Termination

(a) Anytime within six months after the Effective Date of a standard power purchase agreement, the qualifying facility may terminate the standard power purchase agreement or modify the scheduled commercial operation date in the standard power purchase agreement if the qualifying facility receives an interconnection study report that is completed after the Effective Date that:

(A) Includes an estimate of time to interconnect that is longer than the development period in the executed standard power purchase agreement; or

(B) Includes an estimate of costs to interconnect that render the project uneconomic in the qualifying facility's opinion.

(b) A qualifying facility that chooses to modify the scheduled commercial operation date under subsection (a) of this section (6) may not select a new scheduled commercial operation date more than five years from the date the standard power purchase agreement was executed except as specified otherwise in these rules;

(c) If a qualifying facility terminates the standard power purchase agreement under subsection (a) of this section (6), it is liable for damages incurred by the public utility up until the date of termination, which may be taken from the Project Development Security posted by the qualifying facility;

(d) In the event the qualifying facility is delayed in reaching commercial operation because of an event of Force Majeure or the public utility's default under the standard power purchase agreement or any other agreement related to the interconnection of the qualifying facility to the purchasing utility's system, including interconnection study agreements and interconnection agreements, the scheduled commercial operation date in the standard power purchase agreement will be extended commensurately with the delay caused by the event of Force Majeure or the public utility's default, except for periods of delay that could have been prevented had the qualifying facility taken mitigating actions using commercially reasonable efforts. An extension of the scheduled commercial operation date under this subsection is not subject to the fixed-price term reduction in subsection (5)(c) or the five-year limitation in subsection (5)(b).

(7) Unless otherwise excused under the standard power purchase agreement, the utility is authorized to issue a Notice of Default if the qualifying facility does not meet the scheduled commercial operation date in the standard power purchase agreement. If a Notice of Default is issued for failure to meet the scheduled commercial operation date in the standard power purchase agreement, the qualifying facility has one year in which to cure the default for failure to meet the scheduled commercial operation date, during which the public utility may collect damages for failure to deliver.

(a) Unless otherwise excused under the standard power purchase agreement, damages for failure to meet the scheduled commercial operation date in a standard power purchase agreement are equal to the positive difference between the utility's replacement power costs less the prices in the standard power purchase agreement during the period of default, determined on a daily basis with positive differences aggregated and invoiced as a monthly sum, plus costs reasonably incurred by the utility to purchase replacement power and additional transmission charges, if any, incurred by the utility to deliver replacement energy to the point of delivery.

(b) If the qualifying facility would have been required by the standard power purchase agreement to transfer Renewable Energy Credits to the public utility during the period when the qualifying facility is in default under this subsection, damages owed to the public utility will include the public utility's cost to acquire replacement Renewable Energy Credits.

(c) Notwithstanding subsections (a) and (b), damages incurred under this section may not exceed an amount equal to what the qualifying facility would have received under the standard power purchase contract for energy delivered during the default period.

(8) Subject to the one-year cure period in section (7) above, a utility may terminate a standard power purchase agreement for failure to meet the scheduled commercial operation date in the power purchase agreement, if such failure is not otherwise excused under the agreement.

(9) Point of Delivery. An off-system qualifying facility may propose the Point of Delivery for a standard power purchase agreement. The purchasing public utility must agree to the Point of Delivery before it is included in the standard power purchase agreement. The purchasing public utility may not unreasonably withhold agreement.

(10) The standard power purchase agreement must include a mechanical availability guarantee (MAG) for wind, hydroelectric, and solar qualifying facilities as follows:

(a) A 90 percent overall guarantee, measured per turbine for wind resources and system-wide for other resources, starting three years after the commercial operation date for qualifying facilities with new contracts or one year after the commercial operation date for qualifying facilities that renew a contract or enter into a superseding contract, subject to an allowance for 200 hours of planned maintenance per turbine per year that does not count toward calculation of the overall guarantee.

(b) A qualifying facility may be subject to damages for its failure to meet the MAG calculated by

(A) Determining the amount of the "shortfall" for the year, which is the difference between the projected average on-and off-peak Net Output from the project that would have been delivered had the project been available at the guaranteed availability for the contract year and the actual Net Output provided by the qualifying facility for the contract year;

(B) Multiplying the "shortfall" by the positive difference, if any, obtained by subtracting the Contract Price from the price at which the utility purchased replacement power; and

(C) Additional ancillary service and transmission costs to deliver replacement power to the point of delivery and the cost of replacement renewable energy certificates, if any.

(c) The 90 percent availability guarantee will be reduced on a pro rata basis for any portion of the annual period the qualifying facility was prevented from being available for reasons of Force Majeure or a default by the purchasing public utility under the power purchase agreement or interconnection agreement.

(d) Notwithstanding subsection (b), the total amount of damages owed to the purchasing public utility by a qualifying facility for failure to meet the MAG will not exceed what the qualifying facility would have been paid under the standard power purchase agreement had it delivered sufficient output to meet the MAG.

(11) A public utility may issue a Notice of Default, and subsequently terminate a standard power purchase agreement pursuant to its terms and limitations, for failure to meet the MAG if the qualifying facility does not meet the MAG for two consecutive years if such failure is not otherwise excused by the power purchase agreement.

(12)(a) The standard purchase agreement will include an annual minimum delivery guarantee (MDG) for geothermal and biomass qualifying facilities equal to 90 percent of the qualifying facility's expected energy for the year.

(b) The qualifying facility may be subject to damages for failure to meet the MDG calculated by:

(A) Determining the amount of the "shortfall" for the year, which is the difference between 90 percent of the qualifying facility's expected energy for the year and the actual Net Output delivered by the qualifying facility to the purchasing public utility in the year;

(B) Multiplying the "shortfall" by the positive difference, if any, obtained by subtracting the Contract Price from the price at which the utility procured replacement power; and

(C) Additional ancillary service and transmission costs to deliver replacement power to the point of delivery and the cost of replacement renewable energy certificates, if any.

(c) Notwithstanding subsection (b), the total amount of damages owed to the purchasing public utility by a qualifying facility for failure to meet the MDG will not exceed what the qualifying facility would have been paid under the standard power purchase agreement for energy it would have delivered had it met the MDG.

(d) The 90 percent MDG will be reduced on a pro rata basis for any portion of the annual period the qualifying facility was prevented from generating or delivering electricity for reasons of Force Majeure, a default by the purchasing public utility under the power purchase agreement or interconnection agreement, or any interconnection and transmission curtailment initiated by the purchasing utility or the transmitting utility.

(13) A purchasing utility may issue a Notice of Default, and subsequently terminate a standard power purchase agreement pursuant to its terms and limitations, for failure to meet the MDG if the qualifying facility does not meet the MDG for three consecutive years if such failure is not otherwise excused by the standard power purchase agreement.

(14) Incremental Facility Upgrades.

(a) During the development period, the qualifying facility may make reasonable modification to the design and components of its facility from the design and components contained in the power purchase agreement. The qualifying facility is obligated to provide the purchasing public utility an as-built supplement describing the Facility within 90 days after the commercial operation date. Except with the purchasing utility's written consent or as described in subsection (b) of this rule, the Facility as reflected in the as-built supplement may not:

(A) Have a Nameplate Capacity Rating that exceeds the Nameplate Capacity Rating in the power purchase agreement at the time it was executed; or

(B) Result in an expected annual net output that is greater than 10 percent above that specified in the power purchase agreement at the time it was executed.

(b) In the event that the qualifying facility seeks to upgrade the facility during the development period or the term of the power purchase agreement in a manner that does not increase the Nameplate Capacity Rating of the facility in the power purchase agreement, but which is reasonably likely to cause the expected annual net output to exceed that listed in the power purchase agreement by more than 10 percent, such upgrades may be made without the utility's prior approval subject to the following requirements:

(A) The proposed upgrades may not cause the qualifying facility to fail to meet the current eligibility requirements for either the standard power purchase agreement or standard prices, to breach its generation interconnection agreement, or necessitate network upgrades in order to maintain designated network status.

(B) At least six months in advance of the scheduled installation date for the proposed upgrades, the qualifying facility must send written notice to the purchasing utility containing a detailed description of the proposed upgrades and their impact on expected net output and revised 12 x 24 delivery schedule and requesting indicative pricing for the incremental additional net output expected to be generated as a result of the upgrades.

(C) Within 30 days after receiving such a request, the purchasing utility must respond with indicative pricing for the expected incremental additional Net Output to be generated as a result of the upgrades and which exceeds 10 percent of the expected annual Net Output specified in the power purchase agreement.

(D) Within 30 days after receiving indicative pricing, the qualifying facility may request a draft amendment to the power purchase agreement to reflect revised pricing for the remaining term of the power purchase agreement, effective upon completion of the upgrades. If it is not reasonably feasible to separately meter the incremental additional Net Output resulting from the proposed upgrades, the purchasing utility may create a blended rate based on the proportion the expected incremental additional net output bears to the expected total Net Output following the installation of the upgrades.

(c) Within 90 days after the date on which upgrades are installed under subsections (a) or (b) of this section, the qualifying facility is obligated to provide the purchasing utility an as-built supplement describing in detail the upgraded facility.

(d) A qualifying facility that wishes to install upgrades that would cause the Facility to increase its Nameplate Capacity Rating must terminate its existing power purchase agreement and may choose to enter a new standard or new non-standard power purchase agreement based on the then current avoided cost. In calculating damages resulting from the early termination of the original standard power purchase agreement, if any, the cost to cover will be calculated based on the pricing set forth in the new non-standard pricing agreement notwithstanding any other provision in these rules to the contrary. A qualifying facility that chooses to negotiate a new power purchase agreement under this subsection will not be liable for damages for any default caused by its failure to maintain eligibility for a standard power purchase agreement.

(15) Project Development Security. A new qualifying facility that has executed a standard power purchase agreement that does not meet the creditworthiness requirements in this rule must post Project Development Security for the purchasing public utility's benefit within 120 days of the Effective Date of the standard power purchase agreement. The amount of required Default Security will be $150/kWh. The obligation to maintain the Project Development Security will expire once the qualifying facility commences commercial operation. The qualifying facility may use either of the following options to post Project Development Security:

(a) Cash Escrow Security. The qualifying facility shall deposit in an escrow account established by the purchasing utility in a banking institution acceptable to both the qualifying facility and purchasing utility, Project Development Security. Such sum shall earn interest at the rate applicable to money market deposits at such banking institutions from time to time. To the extent the purchasing utility receives payment from the Project Development Security for damages in the event of default, the qualifying facility will, within 15 days, restore the Project Development Security as if no such deduction had occurred.

(b) Letter of Credit Security. The qualifying facility shall post and maintain in an amount equal to the Project Development Security either a guaranty from a party that satisfies the creditworthiness requirements under Section (18) of this rule, or a Letter of Credit in favor of the purchasing public utility. To the extent the public utility receives payment from the Project Development Security for damages in the event of default, the qualifying facility will, within 15 days, restore the Project Development Security as if no such deduction had occurred.

(16) Default Security. A qualifying facility that has executed a standard power purchase agreement that does not meet the public utility's creditworthiness requirements must post Default Security upon commencing commercial operation. The amount of required Default Security will be $50/kWh. The qualifying facility may use one of the following options to post Default Security:

(a) Cash Escrow Security. The qualifying facility shall deposit the Default Security in an escrow account established by the purchasing utility in a banking institution acceptable to both the qualifying facility and purchasing utility. Such sum shall earn interest at the rate applicable to money market deposits at such banking institutions from time to time. To the extent the purchasing utility receives payment from the Default Security for damages in the event of default, the qualifying facility will, within 15 days, restore the Default Security as if no such deduction had occurred;

(b) Letter of Credit Security. The qualifying facility shall post and maintain in an amount equal to the Default Security either a guaranty from a party that satisfies the creditworthiness requirements under section (18) of this rule, or a Letter of Credit in favor of the purchasing public utility. To the extent the public utility receives payment from the Default Security for damages in the event of default, the qualifying facility will, within 15 days, restore the Default Security as if no such deduction had occurred.

(c) Step-in Rights and Senior Liens. Default security can be satisfied through grant of step-in rights or a senior lien to the purchasing utility in a form acceptable to the purchasing public utility in its reasonable-exercised discretion.

(17) Insurance requirements. The standard power purchase agreement must specify that a qualifying facility with a Nameplate Capacity Rating greater than 200 kW must secure and maintain general liability insurance coverage that complies with the following:

(a) The insurance provider must have a rating no lower than "A-" by A.M. Best Company;

(b) Insurance coverage will include:

(A) general commercial liability insurance covering bodily injury and property damage in the amount of $1,000,000 each occurrence combined single limit, or greater if desired by the qualifying facility; and

(B) Umbrella insurance in the amount of $5,000,000, or greater if desired by the qualifying facility.

(18) Creditworthiness requirements under subsections (15) and (16) of this rule may be satisfied by:

(a) A senior, unsecured long term debt rating (or corporate rating if such debt rating is unavailable) of:

(A) 'BBB+' or greater from S&P Global Ratings; or

(B) 'Baal' or greater form Moody's Investor Services; provided that if such ratings are split, the lower of the two ratings must be at least 'BBB+' or 'Baal' from S&P Global Ratings or Moody's Investor Services.

(b) If a rating from S&P Global Ratings or Moody's Investor Services is not available, the qualifying must provide financial documentation that supports an equivalent rating as determined by the purchasing utility through a reasonable internal process review and utilizing a credit scoring model. In such case, the purchasing utility will request audited financial statements for the most recent two full years (including balance sheet, income statement, statement of cash flows, and accompanying footnotes), which information is evaluated considering:

(A) the type of generation resource;

(B) the size of the resource;

(D) the term of the power purchase agreement.

(c) The internal review process will evaluate, at minimum, certain profitability, cash flow, liquidity, and financial leverage metrics.

(d) If the qualifying facility is required to post a letter of credit, the letter of credit must be issued by an institution, not subject to bail-in regulation, with a credit rating on its long-term senior unsecured debt of at least 'A' from S&P Global Ratings and 'A2' from Moody's Investor Services.

(19) Except as explicitly provided in these rules, any qualifying facility that has entered into a standard power purchase agreement with a public utility under PURPA will not make any changes in its ownership, control or management that would cause the qualifying facility to fail to satisfy the eligibility requirements for entering into the standard power purchase agreement or receipt of standard pricing reflected in the agreement. No more than once every 24 months, at the request of the public utility, the qualifying facility will provide documentation and information reasonably requested by the public utility to establish the qualifying facility's continued compliance with eligibility requirements for the standard power purchase agreement executed by the qualifying facility and public utility. The public utility shall take reasonable steps to maintain the confidentiality of any such documentation and information the qualifying facility identifies as confidential, provided that the public utility may provide all such information to the Commission in a proceeding before the Commission.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, amend filed 07/25/2023, effective 07/26/2023
PUC 8-2018, adopt filed 11/02/2018, effective 11/02/2018

Or. Admin. R. 860-029-0121 Delivery and Purchase under Standard Power Purchase Agreement

(1) Commencing on the earlier of the commercial operation date or the scheduled commercial operation date of the standard power purchase agreement and continuing until the end of the purchase period, the qualifying facility will be obligated to deliver and sell, and the purchasing public utility will be obligated to receive and purchase, the Net Output delivered to the Point of Delivery or Point of Interconnection, subject to other relevant requirements in this division.

(2) An off-system qualifying facility may deliver and the purchasing public utility must accept energy imbalance ancillary services if:

(a) The transmitting entity or entities require the qualifying facility to procure the services;

(b) The transmitting entity or entities require the qualifying facility to schedule deliveries in increments of no less than one megawatt;

(c) The qualifying facility is not attempting to sell the purchasing public utility energy or capacity in excess of its expected hourly Net Output; and

(d) The energy imbalance service is designed to correct a mismatch between energy scheduled by the qualifying facility and the actual real time production by the qualifying facility.

(3) The purchasing public utility must accept but is not obligated to pay for surplus delivery of energy. For purposes of this rule surplus delivery of energy means:

(a) For on-system qualifying facilities, Net Output at the Point of Interconnection that exceeds the qualifying facility's Nameplate Capacity Rating;

(b) For off-system qualifying facilities, any positive difference between the total energy delivered to the purchasing public utility in a given month and the qualifying facility's total Net Output for the month.

(4) Title and risk of loss related to the energy shall transfer from the qualifying facility to the purchasing public utility at the Point of Delivery, except that title to renewable energy certificates transferred under a power purchase agreement shall transfer to the purchasing public utility when generated.

(5) A qualifying facility may not commence commercial operation any sooner than 180 days before the scheduled commercial operation date of the standard power purchase agreement unless the purchasing public utility consents to early operation. The purchasing public utility may require a qualifying facility to wait to commence commercial operation until no sooner than 90 days prior to the scheduled commercial operation if the purchasing public utility is unable to accept delivery from the qualifying facility but is obligated to undertake reasonable efforts to obtain transmission service up to 180 days ahead of the scheduled commercial operation date. The qualifying facility must agree to compensate the purchasing public utility for any additional transmission costs associated with commencing operation sooner than 90 days prior to the scheduled commercial operation date.

(6) The purchasing public utility will accept Test Energy delivered to the Point of Delivery as early as 90 days, but no more than 180 days, prior to the scheduled commercial operation date, subject to section (5) of this rule; provided that, in such case, the purchasing public utility's obligation to purchase Test Energy will not exceed a maximum period of 180 days. The purchasing public utility will pay the qualifying facility the lower of 85 percent of Index Rate or 85 percent of Contract Price for Test Energy delivered prior to the scheduled commercial operation date.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, adopt filed 07/25/2023, effective 07/26/2023

Or. Admin. R. 860-029-0123 Default, Damages, and Termination

(1) The following events, if uncured within the applicable cure period, may constitute a default by the qualifying facility under a standard power purchase agreement for which the purchasing utility may terminate the power purchase agreement subject to the provisions of this rule:

(a) Failure to begin power deliveries by scheduled commercial operation date;

(b) Failure to provide Project Development or Default Security in the applicable time frame;

(d) Failure to meet the PPA obligation to sell entire Net Output to the purchasing public utility;

(e) Failure to make a payment when due under the power purchase agreement, if amount of payment is not the subject of good faith dispute;

(f) Abandonment of the Facility;

(g) Failure to satisfy applicable MAG for two (2) consecutive years;

(h) Failure to satisfy applicable MDG for three (3) consecutive years;

(i) Breach of any warranty or representation in the power purchase agreement; and

(j) Failure to comply with any other material obligation under the power purchase agreement.

(2) The following events, if uncured within the applicable cure period, may constitute a default by the purchasing public utility under the standard power purchase agreement for which the Qualifying Facility may terminate the power purchase agreement subject to the provisions of this rule:

(a) Failure to receive or purchase Net Output;

(b) Failure to make a payment when due under the power purchase agreement, if amount of payment is not the subject of good faith dispute;

(d) Failure to comply with any material obligation under the power purchase agreement.

(3) Unless otherwise excused under the standard power purchase agreement, Force Majeure, or otherwise, the non-defaulting party is authorized to issue a Notice of Default upon any of the events described in sections (1) and (2).

(4) Cure periods:

(a) The qualifying facility has one year in which to cure the default for failure to meet the scheduled commercial operation date, as specified in OAR 860-029-0120(7).

(b) Except with a respect to a failure to meet the MAG or MDG, which failures are not curable, the non-defaulting party has 30 days following written notice from the non-defaulting party in which to cure the event of default. This 30-day period shall be extended by an additional 90 days if:

(A) The failure cannot reasonably be cured within the 30-day period;

(B) The default is reasonably capable of being cured within the additional 90-day period; and

(5) Damages. If damages are incurred as a result of a breach under the standard purchase agreement, the breaching party must remit payment in the full amount of the damages to the non-breaching party no later than 30 days after the breaching party receives an invoice for damages from the non-breaching party if the amount of payment is not the subject of good-faith dispute. The invoice for damages must include a written statement explaining in reasonable detail the calculation of the damages amount.

(6) Subject to the cure periods in section (4), the non-defaulting party may issue a notice of termination to terminate a standard power purchase agreement for a default under sections (1) or (2), as applicable.

(7) The non-defaulting party must provide the defaulting party a notice of termination at least 30 days prior to date of termination. The notice period for termination may run concurrently with the applicable cure period.

(8) Termination of Duty to Buy. If a standard power purchase agreement is terminated because of default by the qualifying facility and the qualifying facility wishes to sell Net Output to the purchasing utility following such termination, the public utility may require the qualifying facility do so subject to the terms of the terminated agreement, including but not limited to the Contract Price, until the scheduled end date in the terminated agreement. The purchasing utility may also require the qualifying facility to post default security. The qualifying facility may not take any action or permit any action to occur the result of which avoids or seeks to avoid the restrictions in this section through use or establishment of a special purpose entity or other affiliate.

(9) Termination Damages. If the standard power purchase agreement is terminated by the public utility as a result of an event of default by the qualifying facility, termination damages owed by the qualifying facility to the public utility will be the positive difference, if any, between

(a) The public utility's estimated costs to secure replacement power and Renewable Energy Credits, if applicable, for a period of 24 months following the date of termination, including any associated transmission necessary to deliver such replacement power; and

(b) The contract price for such 24-month period ("Termination Damages"), provided the damages may not exceed the cost the utility would have incurred to purchase the qualifying facility's power and Renewable Energy Credits under the terminated power purchase agreement. The public utility must calculate the Termination Damages on a monthly basis and in a commercially reasonable manner and provide to the qualifying facility a written statement explaining in reasonable detail the calculation of Termination Damages in the Notice of Termination. Termination damages are due by qualifying facility within 30 days of receipt of the written Notice of Termination from the public utility.

(10) Duty/Right to Mitigate. Both the purchasing public utility and qualifying facility have a duty to mitigate damages and must use commercially reasonable efforts to minimize any damages it may incur as a result of the other party's performance or non-performance under a standard power purchase agreement.

(11) Security. If a standard power purchase agreement is terminated because of the qualifying facility's default, the purchasing public utility may, in addition to pursuing any and all other remedies available at law or in equity, proceed against any security held by the purchasing public utility in whatever form to reduce the amounts that the qualifying facility owes the purchasing public utility arising from such default.

(12) Cumulative Remedies. Except in circumstances in which a remedy provided for in the power purchase agreement is described as a sole or exclusive remedy, the rights and remedies provided to the parties in the standard power purchase agreement are cumulative and not exclusive of any other rights or remedies of the parties.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, adopt filed 07/25/2023, effective 07/26/2023

Or. Admin. R. 860-029-0124 Coordination between Qualifying Facility and Public Utility under Standard Power Purchase Agreements

(1) Coordination with System. The qualifying facility's delivery of electricity to the purchasing public utility under a standard power purchase agreement must be at a voltage, phase, power factor, and frequency as reasonably specified by the purchasing public utility. The qualifying facility will furnish, install, operate, and maintain in good order and repair, and without cost to the purchasing public utility, such switching equipment, relays, locks and seals, breakers, automatic synchronizers, and other control and protective apparatus as required in the interconnection agreement or determined by the purchasing public utility to be reasonably necessary for the safe and reliable operation of the Facility in parallel with the System, or the qualifying facility may contract with the purchasing public utility to do so at the qualifying facility's expense. The purchasing public utility must at all times have access to all switching equipment capable of isolating the Facility from the System.

(2) Planned Outages in standard power purchase agreements:

(a) The qualifying facility must provide the purchasing public utility with an annual forecast of Planned Outages for each year of the purchase period at least one month, but no more than three months, before the first day of that year, and may update such Planned Outage forecast as necessary to comply with Prudent Electrical Practices. Any such update to the Planned Outage forecast must be promptly submitted to the purchasing public utility. Although the Planned Outage schedule should include predetermined outage duration, the outage may be extended when the original scope of work requires more time than originally scheduled, subject to notice of at least five days to the purchasing public utility when feasible.

(b) The purchasing public utility may specify in the power purchase agreement two calendar months in each year in which the qualifying facility may not schedule Planned Outages during times when motive force is available to generate and deliver Net Output from the Facility ("High Demand Months") except to the extent reasonably required to enable a vendor to satisfy a guarantee requirement. Failure to identify the High Demand Months in the power purchase agreement shall constitute waiver of the purchasing public utility's right to require Planned Outages to not occur in such months. The purchasing public utility may change either or both High Demand Months no less than 12 months prior to the first contract year for which the purchasing public utility intends to change the High Demand Month(s). Nothing in the power purchase agreement's provisions limiting Planned Outages during High Demand Months may prohibit a qualifying facility from conducting Planned Outages during High Demand Months at times when motive force is unavailable to generate and deliver energy.

(3) Maintenance Outages in standard power purchase agreements.

(a) If the qualifying facility reasonably determines that it is necessary to schedule a Maintenance Outage, the qualifying facility must notify the purchasing public utility of the proposed Maintenance Outage as soon as practicable but in any event at least five days before the outage begins. The qualifying facility must take all reasonable measures consistent with Prudent Electrical Practices to not schedule any Maintenance Outage during the High Demand Months identified by the purchasing public utility in accordance with subsection (2)(b.).

(b) Notice of a proposed Maintenance Outage by the qualifying facility must include the expected start date and time of the outage, the amount of generation capacity of the Facility that will not be available, and the expected completion date and time of the outage. The purchasing utility will promptly respond to such notice and may request reasonable modifications in the schedule for the outage. The qualifying facility must use all reasonable efforts to comply with any request to modify the schedule for a Maintenance Outage provided that such change has no substantial impact on the qualifying facility.

(c) Once the Maintenance Outage has commenced, the qualifying facility must keep the purchasing public utility apprised of any changes in the generation capacity available from the Facility during the Maintenance Outage and any changes in the expected Maintenance Outage completion date and time. As soon as practicable, any notifications given orally must be confirmed in writing. Although the Notice of Proposed Maintenance Outage must include an expected completion date and time of the outage, the outage may be extended when the original scope of work requires more time than originally scheduled subject to notice of at least five days where feasible. The qualifying facility must take all reasonable measures consistent with Prudent Electrical Practices to minimize the frequency and duration of Maintenance Outages.

(4) Forced Outages in standard power purchase agreements. The qualifying facility must promptly notify the purchasing public utility orally, via telephone to a number specified by the public utility (or other method approved by the public utility), of any Forced Outage resulting in more than ten percent of the Nameplate Capacity Rating of the Facility being unavailable. This report from qualifying facility must include the amount of the generation capacity of the Facility that will not be available because of the Forced Outage and the expected return date of such generation capacity. The qualifying facility must promptly update the report as necessary to advise the purchasing public utility of changed circumstances. As soon as practicable, any oral report of a Forced Outage must be confirmed in writing to the purchasing public utility.

(5) Notice of Emergency Deratings and Outages in standard power purchase agreements. Notwithstanding the requirements of sections (2)-(4), the qualifying facility will inform the purchasing public utility, via telephone to a number specified by the purchasing public utility (or other method approved by public utility), of any limitations, restrictions, deratings or outages reasonably predicted by the qualifying facility to affect more than five percent of the Nameplate Capacity Rating of the Facility for the following day and will promptly update such notice to the extent of any material changes in this information.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758
Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555
PUC 8-2023, adopt filed 07/25/2023, effective 07/26/2023

Or. Admin. R. 860-029-0130 Nonstandard Power Purchase Agreements

(1) Each public utility must offer nonstandard avoided cost rates and nonstandard power purchase agreements to all qualifying facilities directly or indirectly interconnected with the public utility.

(2) Qualifying facilities have the unilateral right to select a purchase term of up to 20 years for a power purchase agreement. Qualifying facilities electing to sell firm output at fixed prices have the unilateral right to a fixed-price term of up to 15 years.

(3) A qualifying facility may specify a scheduled commercial on-line date consistent with the following:

(a) Anytime within three years from the date of agreement execution;

(b) Anytime later than three years after the date of agreement execution if the qualifying facility establishes to the utility that a later scheduled commercial on-line date is reasonable and necessary and the utility agrees.

(4) The qualifying facility will be determined to be providing firm energy or capacity if the contract requires delivery of a specified amount of energy or capacity over a specified term and includes sanctions for noncompliance under a legally enforceable obligation. For a qualifying facility providing firm energy or capacity:

(a) The utility and the qualifying facility should negotiate the time periods when the qualifying facility may schedule outages and the advance notification requirement for such outages, using provisions in the utility's partial requirements tariffs as guidance.

(b) The qualifying facility should be required to make best efforts to meet its capacity obligations during the utility system emergencies.

(c) The utility and the qualifying facility should negotiate security, default, damage and termination provisions that keep the utility and its ratepayers whole in the event the qualifying facility fails to meet its obligations under the contract.

(d) Delay of commercial operation should not be a cause of termination if the utility determines at the time of contract execution that it will be resource sufficient as of the qualifying facility scheduled commercial operation date specified in the power purchase agreement. The utility may impose damages.

(e) Lack of notice force testing to prove commercial operation should not be the cause of termination.

(5) An "as-available" obligation for delivery of energy, including deliveries in excess of nameplate rating or the amount committed in the power purchase agreement should be treated as a non-firm commitment. Non-firm commitment should not be subject to minimum delivery requirements, default damages for construction delay or under-delivery, default damages for the qualifying facility choosing to terminate the power purchase agreement early, or default security for these purposes.

(6) For qualifying facilities unable to establish creditworthiness, the utility must at a minimum allow the qualifying facility to choose either a letter of credit or cash escrow for providing default security. When determining security requirements, the utility should take into account the risk associated with the qualifying facility based on such factors such as its size and type of supply commitments. Default security methodologies specified in the utility's standard power purchase agreements are a useful starting point for negotiations for nonstandard power purchase agreements.

(7) Qualifying facilities may either contract with the purchasing utility for a "surplus sale" or for a "simultaneous purchase and sale" provided, however, that the qualifying facility's selection of either contractual arrangement is not inconsistent with any retail tariff provision of the purchasing utility then in effect or any agreement between the qualifying facility and the purchasing utility.

(a) Contracts for surplus sale and for simultaneous purchase and sale will be available to qualifying facilities regardless of whether they qualify for standard power purchase agreements and rates or non-standard power purchase agreements and rates. However, the "simultaneous purchase and sale" is not available to qualifying facilities not directly connected to the purchasing utility's electrical system.

(b) The negotiation parameters and guidelines should be the same for both surplus sale and simultaneous purchase and sale contracts.

(c) The avoided cost calculations by utilities do not require adjustment solely as a result of the selection of either surplus sale or simultaneous purchase and sale arrangements.

History

Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS 756.040, 758.505-758.555
PUC 8-2018, adopt filed 11/02/2018, effective 11/02/2018

Division 30 RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION

Or. Admin. R. 860-030-0000 Exemptions

(1) Except as provided in section (2) of this rule, the rules contained in this Division do not apply to unincorporated associations and cooperative corporations or to investor-owned electric utilities that satisfy their public purpose obligations under ORS 757.612.

(2) These rules apply to investor-owned electric utilities to the extent required by ORS 469.860 through 469.900.

(3) Upon request or its own motion, the Commission may waive any of the Division 030 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040 & 757.612
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 2-2001, f. & cert. ef. 1-5-01
PUC 3-1999, f. & cert. ef. 8-10-99

Or. Admin. R. 860-030-0005 Energy Information and Audit Services

(1) As used in division 30, the terms "cash payment," "commercial lending institution," "Commission," "cost-effective," "director," "dwelling," "dwelling owner," "energy audit," "energy conservation measure," "investor-owned utility," "residential customer," "space heating," and "tenant" shall have the meanings set forth in ORS 469.631.

(2) Investor-owned energy utilities shall notify their customers annually of the availability of energy audits without direct charge to the customers. Such notification shall be made:

(a) In a bill insert or other direct mailing; and

(b) Stating the types of assistance and technical advice available.

(3) Energy audits:

(a) Except as provided in section (5) of this rule, each energy utility shall provide energy audits to eligible customers upon request. The audit shall be performed in accordance with the provisions of ORS 469.631(8) and 469.633(2). The energy utility may set a schedule of reasonable charges for residential energy audits performed beyond the first energy audit for an individual customer in a particular residence;

(b) If an energy utility's records do not contain sufficient data to establish a normal consumption for the customer in the dwelling (for example, a newly-established residence or a residence using a supplemental fuel, maintained at approximately 70 degrees F.), the energy utility shall make a reasonable estimate of such consumption for the purpose of completing the audit; and

(c) If the dwelling requested to be audited is a rental unit, the audit shall include a heating cost estimate using average temperatures and typical lifestyles. A statement shall be included to the effect that a household's energy bill will contain charges for uses in addition to space heating. Such heating cost estimate and statement shall be displayed on the audit or a separate document suitable for conspicuous posting.

(4) An eligible customer is any customer of the energy utility receiving residential electric or natural gas service.

(5) Primary responsibility for furnishing an energy audit lies with the energy utility providing the primary source of home heating energy, and an energy utility, not a primary supplier, may discharge its energy audit obligation by arranging for the primary supplier of space heating to perform the energy audit.

(6) Any residential customer using a space-heating fuel other than electricity or natural gas who receives service from an electric company shall be eligible for an energy audit from that utility if no other audit is obtainable. The electric company may set a schedule of reasonable charges for these audits which shall be separate from the periodic utility bill.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
PUC 15-1985, f. & ef. 10-1-85 (Order No. 85-896)
PUC 14-1985, f. & ef. 9-27-85 (Order No. 85-891)
PUC 10-1985, f. & ef. 7-5-85 (Order No. 85-619)
PUC 2-1982, f. & ef. 2-26-82 (Order No. 82-130)
PUC 11-1981(Temp), f. & ef. 10-30-81 (Order No. 81-778)

Or. Admin. R. 860-030-0007 Gas Utility Avoided Costs

(1) Investor-owned gas utilities shall file a proposed avoided-cost method and draft avoided costs with their integrated resource plans pursuant to Order No. 89-507. The avoided-cost method filed should be appropriate for determining the cost effectiveness of weatherization measures from the gas utility’s perspective.

(2) A gas utility may propose or the Commission may require a gas utility to file the data described in OAR 860-030-0007(1) during the two-year period between filing integrated plans pursuant to Order No. 89-507 to reflect significant changes in circumstances, such as acquisition of a major block of resources. Such a revision will become effective 90 days after filing.

(3) At least every two years, the gas utility must file with the Commission the data described in section (1) of this rule.

History

Statutory/Other Authority: ORS Ch. 183, 469, 756, 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 5-2019, amend filed 05/22/2019, effective 05/22/2019
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)

Or. Admin. R. 860-030-0010 Cost Effectiveness

(1) "Cost-effective," as defined in ORS 469.631(4), relates an energy conservation measure's cost, life cycle, and the cost of alternative energy facilities. An energy utility's cost-effectiveness calculations should be consistent with the utility's most recently acknowledged least-cost plan pursuant to Order No. 89-507.

(2) Unless otherwise demonstrated in an acknowledged energy utility least-cost plan, the following energy conservation measures are deemed to be in all installations:

(a) Caulking;

(b) Weather stripping;

(d) Water heater, steam pipe, and hot and cold water pipe wraps.

(3) Unless otherwise demonstrated in an acknowledged energy utility least-cost plan, the following energy conservation measures are deemed to be cost-effective when installed along with certain other energy conservation measures, as indicated:

(a) Ground cover, when installed in conjunction with under-floor insulation;

(b) Vapor barrier materials, when installed in conjunction with wall, ceiling, or under-floor insulation;

(c) Dehumidifiers, when installed in conjunction with storm windows and doors, and caulking and weather stripping of all openings allowing infiltration; and

(d) Attic ventilation, excluding power ventilators, when installed in conjunction with ceiling or attic insulation.

(4) The following energy conservation measures shall be deemed to have the indicated life cycles:

(a) Attic, ceiling, wall and under-floor insulation — 30 years.

(b) Insulation of walls in heated basements — 30 years.

(d) Thermal doors — 30 years.

(e) Storm windows — 15 years.

(f) Windows meeting the requirements of Chapter 53 of the Oregon Residential Energy Code, and window replacements — 25 years.

(g) Storm doors — 7 years.

(h) Electronic furnace ignition (gas) — 10 years.

(5) Within 30 days after approval of an energy utility's avoided-cost filing submitted in compliance with OAR 860-029-0040 or 860-030-0007, such utility shall submit for the Commission's approval the computations used to determine the cost effectiveness of weatherization measures. The computations shall include present worth of energy and capacity saved per unit for different life cycles, recognizing, where appropriate, line losses, administrative costs of conservation programs, and revenues from additional wholesale sales made possible by the conservation activity. At the same time, such utility shall file tariffs relating to payments for weatherization measures using the new cost-effectiveness computations, to become effective 30 days after submission.

(6) Energy and capacity savings due to conservation shall be considered firm for purposes of the calculations in OAR 860-030-0010(5). The calculated costs as specified in section (5) of this rule shall be multiplied by 1.1 to determine the cost effectiveness of the conservation alternative.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 3-1993, f. & cert. ef. 1-8-93 (Order No. 92-1792)
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 93-035)
PUC 15-1985, f. & ef. 10-1-85 (Order No. 85-896)
PUC 14-1985, f. & ef. 9-27-85 (Order No. 85-891)
PUC 11A-1985(Temp), f. & ef. 7-16-85 (Order No. 85-639)
PUC 10-1985, f. & ef. 7-5-85 (Order No. 85-619)
PUC 2-1982, f. & ef. 2-26-82 (Order No. 82-130)
PUC 11-1981(Temp), f. & ef. 10-30-81 (Order No. 81-778)

Or. Admin. R. 860-030-0011 Avoided Cost Data Reporting for Energy Efficiency

(1) An energy utility that provides customer funds to a third-party nongovernmental entity approved by the Commission to administer energy efficiency measures and programs, market transformation, or the above-market costs of new renewable energy resources in the utility’s service area must submit data necessary to calculate its energy efficiency (EE) avoided costs for energy efficiency measures and programs in the manner and method specified in the Commission-approved reporting form. This form is available at: https://www.puc.state.or.us/Pages/electric_gas/formrpts.aspx. The EE avoided cost report must be submitted on or before October 15 of each year for use in the next energy efficiency program budget cycle.

(2) An energy utility must include all data to support the values in its EE avoided cost form.

(a) Relevant data may come from the energy utility’s most recent integrated resource plan or integrated resource plan update that has been acknowledged by the Commission, or was used in the energy utility’s most recent general rate case that has been resolved by a final order of the Commission; and

(b) An energy utility may include more recent data with a supporting explanation as to why the Commission should approve its avoided costs based on such data. The Commission may approve the use of more recent data at its discretion.

(3) At any time, the Commission may update the required data, format and methodology used to report specific values on the Commission-approved EE avoided cost reporting form. Any changes to the form that are approved by the Commission will take effect no less than 60 days following approval.

(4) For purposes of this report, unless the context requires otherwise:

(a) “Energy Efficiency avoided cost” or “EE avoided cost” means the value to an energy utility of avoiding the use of other resources to provide energy services to its customers through the use of an energy efficiency measure or program.

(b) “Energy efficiency measure” or “energy efficiency program” refers to a measure or program that is designed to reduce energy consumption as a result of improved efficiency of energy use.

History

Statutory/Other Authority: ORS 756.060
Statutes/Other Implemented: ORS 756.040, 756.070
PUC 5-2019, adopt filed 05/22/2019, effective 05/22/2019

Or. Admin. R. 860-030-0013 Approval of EE Avoided Costs for Energy Efficiency Measures

The third-party nongovernmental entity identified in OAR 860-030-0011 may not use utility-specific EE avoided cost data in the administration of such measures and programs until the data is approved by the Commission. The Commission will generally consider approval of EE avoided costs for this purpose within 60 days from the filing deadline for the EE avoided cost report.

History

Statutory/Other Authority: ORS 756.060
Statutes/Other Implemented: ORS 756.040, 756.070
PUC 5-2019, adopt filed 05/22/2019, effective 05/22/2019

Or. Admin. R. 860-030-0015 Residential Energy Conservation Financing

(1) An eligible dwelling owner may obtain a loan or a cash payment from or through the energy utility for energy conservation measures.

(2) Financing:

(a) The loan shall be made in accordance with the following terms, conditions, and limitations:

(A) A principal amount of up to $5,000;

(B) On a loan from or through an electric company, an interest rate that does not exceed 6.5 percent annually;

(C) On a loan from or through a gas utility, an annual interest rate 10 percentage points lower than the rate published by the Federal Housing Administration for Title I property improvement loans (24 Code of Federal Regulations (CFR), subsection 201.4(a)) on the date of the loan application, but not lower than 6.5 percent or higher than 12 percent;

(D) A repayment period of not more than ten years;

(E) Unless waived by the energy utility, a minimum monthly payment of not less than $15; and

(F) To eligible dwelling owners with approved credit.

(b) The cash payment shall be in the amount of:

(A) Twenty-five percent of the cost-effective portion of the energy conservation measures recommended under subsection (2)(c) of this rule, including installation (but not including the dwelling owner's own labor), not to exceed the cost of the measure; or

(B) $350, whichever is less.

(A) A valid energy audit preceded the work and established the cost-effective portion of the recommended measures;

(B) The measures installed are those recommended by the energy utility; and

(C) The dwelling has a space-heating system, installed and operational, which is designed to heat the living space of the customer's dwelling, and which draws its energy for operation from the energy utility from which financing is sought.

(d) A dwelling owner who acquires a dwelling for which a previous loan was obtained under this rule may obtain a loan or a cash payment for energy conservation measures for the newly acquired dwelling under circumstances including, but not necessarily limited to, when there remain cost-effective energy conservation measures to be undertaken with regard to the dwelling.

(3) An energy utility shall not make a loan or a cash payment for the installation of urea-formaldehyde wall insulation.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 3-1993, f. & cert. ef. 1-8-93 (Order No. 92-1792)
PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
Reverted to PUC 15-1989, f. & cert. ef. 11-3-89 (Order No. 89-1465)
PUC 11-1992(Temp), f. & cert. ef. 6-15-92 (Order No. 92-856)
PUC 15-1989, f. & cert. ef. 11-3-89 (Order No. 89-1465)
PUC 28-1985, f. & ef. 12-20-85 (Order No. 85-1212)
PUC 11B-1985(Temp), f. 7-16-85, ef. 9-20-85 (Order No. 85-639)
PUC 11A-1985(Temp), f. & ef. 7-16-85 (Order No. 85-639)
PUC 10-1985, f. & ef. 7-5-85 (Order No. 85-619)
PUC 2-1982, f. & ef. 2-26-82 (Order No. 82-130)
PUC 11-1981(Temp), f. & ef. 10-30-81 (Order No. 81-778)

Or. Admin. R. 860-030-0018 Rental Unit Additional Financing

(1) After December 31, 1985, energy utilities, upon request of final certification from the Department of Energy, under ORS chapter 469, shall offer additional financing as described in section (3) of this rule for energy conservation measures installed by a dwelling owner who rents the dwelling to a tenant whose dwelling unit receives energy for space heating from an energy utility.

(2) Upon being notified by the Department of Energy that it has committed all available tax credits for rental unit additional financing for a given calendar year, an energy utility shall stop offering additional financing until it is notified that tax credits are available.

(3) The dwelling owner may select one of the following types of financing:

(a) The dwelling owner may select a low-interest loan pursuant to OAR 860-030-0015(2)(a). In such case, the dwelling owner shall be liable to repay to the energy utility the loan minus the present value to the utility of the tax credit received, as established pursuant to ORS 469.185 to 469.225;

(b) The dwelling owner may select a cash payment pursuant to OAR 860-030-0015(2)(b). In such case, the cash payment shall be supplemented by an amount equal to the present value to the energy utility of the tax credit received, as established pursuant to ORS 469.185 to 469.225.

(4) Investor-owned energy utilities shall notify their customers annually of the availability of the financing options with regard to the tax credit established pursuant to ORS 469.185 to 469.225 and of the option to apply directly to the State of Oregon for a tax credit.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 28-1985, f. & ef. 12-20-85 (Order No. 85-1212)

Or. Admin. R. 860-030-0020 Certain Energy Conservation Measures Excluded from Financing

Energy conservation measures for any of the following building and improvement activities shall not be financed under an energy utility’s residential energy conservation program adopted pursuant to ORS 469.631 through 469.645:

(1) Construction of a new dwelling; or

(2) Construction which increases or changes the living space in a dwelling being remodeled, added to, or otherwise substantially altered.

(3) When a dwelling or property owner proposes to build a new dwelling, remodel, or otherwise alter an existing dwelling, the Uniform Building Code (UBC) or local equivalent code must be complied with. Because weatherization programs are designed to be an incentive encouraging people to voluntarily weatherize, it would not be in the public interest to spend this money on loans or grants for measures which otherwise are required by state or local law.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 15-1985, f. & ef. 10-1-85 (Order No. 85-896)
PUC 10-1985, f. & ef. 7-5-85 (Order No. 85-619)
PUC 2-1982, f. & ef. 2-26-82 (Order No. 82-130)
PUC 11-1981(Temp), f. & ef. 10-30-81 (Order No. 81-778)

Or. Admin. R. 860-030-0025 Assurance of Work Quality

(1) The energy utility shall, at a minimum, inspect:

(a) Each installation for which the customer requests inspection;

(b) For each contractor with whom the energy utility has no current experience of work performance or whose past performance has shown inadequate performance, the first ten installations by that contractor and at least two of every ten installations thereafter.

(2) The purposes of the inspections required under subsections (1)(a) and (1)(b) of this rule are to verify that the financed measures were installed and the standards of materials and workmanship set by the energy utility, which shall meet or exceed those of the Oregon State Building Code, are met.

(3) When subsection (1)(a) or (1)(b) of this rule requires inspections, utility funds used for principal payment under this program shall not be dispersed until the standards referenced in section (2) of this rule are met.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 10-1985, f. & ef. 7-5-85 (Order No. 85-619)
PUC 2-1982, f. & ef. 2-26-82 (Order No. 82-130)
PUC 11-1981(Temp), f. & ef. 10-30-81 (Order No. 81-778)

Or. Admin. R. 860-030-0035 Accounting Rules

(1) “Indirect costs” shall mean:

(a) Reasonable expenses which the energy utility incurs in providing to its residential customers information about weatherization programs and other means of saving energy;

(b) Reasonable expenses which the energy utility incurs in providing to its residential customers technical advice concerning advantages and disadvantages of various methods of saving energy in the customer’s dwelling unit;

(c) Reasonable expenses which the energy utility incurs in providing pre-installation inspection services, cost estimates, and post-installation inspections for its residential customers;

(d) Cash payments made to dwelling owners pursuant to ORS 469.633;

(e) The interest or other carrying charges resulting from the difference between the interest charges authorized by the Commission, pursuant to ORS 469.633, and the cost of the energy utility’s own funds used to finance weatherization services, or, if the energy utility arranges financing with a commercial lending institution, the difference between the interest charges allowed by the Commission, pursuant to ORS 469.633, and the interest charged by the commercial lending institution;

(f) Reasonable carrying charges on the unamortized balance included in the deferred debit account until the unamortized balance is included in the rate base;

(g) Any reasonable level of bad debts, including a reasonable level of casualty losses attributable to the services performed under ORS 469.633;

(h) Fees charged an energy utility pursuant to ORS 469.185 to 469.225;

(i) Tax credits authorized under ORS 469.185 to 469.225; and

(j) Reasonable administrative costs of residential energy conservation programs.

(2) All other terms shall have the meanings provided in ORS 469.631.

(3) The energy utility shall pass on to all its customers the indirect cost incurred pursuant to ORS 469.631 through 469.645, by accounting for the costs as an allowable revenue deduction and by including when applicable the unamortized balance of the accumulated deferred debits associated with indirect costs in the rate base for rate-making purposes.

(4) The energy utility shall keep books and accounts to permit the Commission to readily identify all direct and indirect costs incurred in connection with the weatherization program and any other insulation or energy-saving programs.

(5) Except for a reasonable level of bad debts, including casualty losses and cash payments to dwelling owners pursuant to ORS 469.333, no direct costs of weatherization services provided to individual space-heating residential customers shall be allowable expenses for rate-making purposes. Direct costs shall be a personal obligation of the owner of the dwelling unit requesting weatherization services. Direct costs include the cost of all materials and labor directly associated with the services.

(6) All indirect costs incurred by an energy utility, pursuant to ORS 469.631 through 469.645, shall be placed in a deferred debit account until the Commission issues an order including an appropriate amount of indirect costs in rates.

(7) Tax credits authorized under ORS 469.185 to 469.225 and OAR 860-030-0018 shall be accounted for under section (6) of this rule as deferred debits, until each year’s credit is recovered.

(8) After an appropriate amount of indirect costs is included in rates, deferred debit accounting shall not be used to recover additional indirect costs unless the energy utility demonstrates that the present level of recovery of indirect costs is inadequate.

(9) The amounts of indirect costs accumulated in the deferred debit account may be disposed of by being included in rates by a tracking procedure or by being included in rates upon the issuance of a Commission order.

(10) Carrying charges associated with the energy utility’s own funds as defined as subsection (1)(e) of this rule shall be recorded in Account 421, Miscellaneous Nonoperating Income, concurrently with the recording of those costs in the deferred debit account. Carrying charges associated with the balance in the deferred debit account not amortized to operating expenses as defined in subsection (1)(f) of this rule shall be recorded in Account 421, concurrently with their being recorded in the deferred debit account.

(11) Income tax normalization procedures shall be used when appropriate for amounts included in the deferred debit account.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 28-1985, f. & ef. 12-20-85 (Order No. 85-1212)
PUC 15-1985, f. & ef. 10-1-85 (Order No. 85-896)
PUC 2-1982, f. & ef. 2-26-82 (Order No. 82-130)
PUC 11-1981(Temp), f. & ef. 10-30-81 (Order No. 81-778)

Or. Admin. R. 860-030-0040 Commercial Energy Conservation

Purpose, Statutory Authorization, and Policy. The purpose of these rules is to provide procedures, standards, and criteria for electric and gas utilities to present energy audit programs for commercial buildings as required by Oregon Laws 1981, Chapter 708, Sections (1) through (11) (ORS 469.865 et seq.).

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)

Or. Admin. R. 860-030-0045 Definitions for Energy Conservation

For the purpose of these rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise:

(1) "Automatic control system" means devices, including but not limited to: wide dead band thermostats, which regulate lighting, heating, ventilating, air conditioning, or other energy loads automatically based on time, temperature, humidity, pressure, or load limiting measures. Equipment associated with automatic control systems includes, but is not limited to: automatic dampers, wiring, electronic circuitry, relays, valves, and other equipment which produces a reduction in energy consumption or demand.

(2) "BTU" means a British Thermal Unit, the amount of energy required to raise the temperature of a one-pound mass of water one degree Fahrenheit.

(3) "Commercial building" means a public building as defined in ORS 456.746 and other commercial structures as defined by energy utility tariff.

(4) "Commercial building customer" means the owner or tenant of a commercial building who is responsible for paying fuel costs to an energy utility which provides electricity or gas energy to the building.

(5) "Commercial energy audit" means the service provided to a commercial building customer which includes on-site data gathering, energy use analysis, and a report to the customer recommending energy conservation measures, and an estimate of the cost/benefit of those measures.

(6) "Commercial energy auditor" (or "Level I Auditor") means a person who is qualified through general training and experience and who has demonstrated a general knowledge of heat transfer principles, construction terms and components, energy efficient operations and maintenance procedures, boiler and furnace efficiency improvements, infiltration controls, envelope weatherization, heating, ventilating, and air conditioning (HVAC) systems, electric control systems, lighting systems, solar insulation, and applicable energy conservation measures.

(7) "Commercial energy specialist" (or "Level II Auditor") means a person who is qualified through specialized training and experience, who has demonstrated knowledge and abilities of a qualified commercial energy auditor, and who can in addition:

(a) Perform calculations of energy use analysis;

(b) Perform calculations of energy efficiencies of HVAC, lighting, plumbing, water, steam, control, or electrical systems; and

(8) "Conservation services" means those services specified in ORS 469.865 and 469.885.

(9) "Commission" means the Public Utility Commission of Oregon.

(10) "Energy use analysis" means estimates of energy consumed by various systems and components of a building including, but not limited to: envelope, lighting, HVAC, and hot water.

(11) "Energy conservation measure" has the meaning specified in ORS 469.860(1)(e).

(12) "Envelope weatherization" includes, but is not limited to: insulation of ceiling, walls, floors, ducts, or pipes, and installation of storm or thermal windows and doors.

(13) "Furnace and boiler efficiency improvements" means replacement burners, furnaces, or boilers of the same energy type which, due to their design, reduce energy use due to an increase in combustion efficiency, improved heat generation or reduced heat losses, automatic vent dampers, automatic ignition devices, replacement filters, and cleaning and combustion efficiency adjustments.

(14) "Heat recovery devices" means those devices or equipment which recover heat from commercial use by capturing, storing, transferring, and using heat content of liquid or gaseous streams to reduce the need for additional energy resources. Devices include, but are not limited to: recuperators, heat wheels, regenerators, heat exchangers, and economizers.

(15) "Heating, ventilating, and air conditioning (HVAC) system modifications" includes, but is not limited to: improving control and use of outside air, adjusting temperature and humidity of supply air, reducing energy use of reheat systems and exhaust hoods, and replacement air conditioning systems of the same energy type which reduce the amount of energy use due to an increase in efficiency.

(16) "Infiltration controls" means caulking, weather stripping, dampers, sealants, air locks, revolving doors, and gaskets used to reduce air leaks in a building shell.

(17) "Improved operations and maintenance measures" means any energy conservation measure which is presumed cost-effective because there is little or no cost associated with the measure, so the simple payback period is generally less than one year. Operations and maintenance measures include, but are not limited to: temperature setbacks, water flow reductions, reduced use of ancillary systems or reduced energy use when a building is unoccupied, repairing air duct leaks, and steam system and furnace or boiler maintenance.

(18) "Lighting system improvements" means devices and actions which reduce overall indoor or outdoor lighting energy consumption while maintaining satisfactory lighting levels. Devices and actions include, but are not limited to: reducing light levels to acceptable minimum levels; installation of task lighting, local switching, time control, and sensing devices; and installation of more efficient lamps.

(19) "Net energy savings" means the BTU savings from a conservation measure, taking into account interactions of other known consumption measures being implemented and impacts on all energy sources and systems in the building.

(20) "Simple payback period" means the estimated total installed costs of an energy conservation measure divided by the estimated first year dollar savings to the customer resulting from the measure.

(21) "Solar water heaters" means water heating devices, either active or passive, designed to heat water with radiant energy from the sun.

(22) "Utility" or "energy utility" shall have the meaning given to an "investor-owned utility" in ORS 469.631 or to a "public utility" under ORS 757.005, which provides natural gas or electric service for heat, light, or power and is regulated by the Commission under ORS Chapter 757.

(23) "Water heating heat pumps" means water heating devices designed to heat water by extracting energy from the surrounding ambient environment, including air, earth, and ground water.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 18-1998, f. & cert. ef. 10-12-98
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 15-1985, f. & ef. 10-1-85 (Order No. 85-896)
PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)

Or. Admin. R. 860-030-0050 Commercial Energy Audit Programs

(1) Each energy utility shall be responsible, to the extent possible, for ensuring that the services required by these rules are offered to all commercial building customers within its service territory and the services are provided to the standards required herein.

(2) Each energy utility shall have available on request information about energy saving operations and maintenance measures for commercial buildings. The information may be tailored to special classes of commercial building customers.

(3) Each energy utility shall notify its commercial building customers about its energy conservation and energy audit services annually.

(4) Each energy utility shall actively promote the availability of energy audit services whenever it enters into any phase of a contingency or curtailment plan for dealing with an energy supply shortfall.

(5) Each energy utility shall be responsible for having available trained commercial energy auditors, specialists, or other engineering or architectural professionals either employed directly, or as independent consultants, so sufficient persons with appropriate education and experience are available to provide energy audits of simple and complex commercial building systems and components which may exist in its service area.

(6) When an energy utility receives a request from a commercial building customer who uses less than 4,000 kWh of electricity or 200 therms of gas per month on the average annually for a commercial energy audit, a qualified energy auditor shall perform an on-site audit to collect data and evaluate energy conservation measures including, but not limited to: operations and maintenance measures, simple automatic control systems, envelope weatherization, infiltration controls, and lighting systems improvements.

(7) When an energy utility receives a request from a commercial building customer who uses more than 4,000 kWh of electricity per month or 200 therms of natural gas per month on the average annually for a commercial energy audit, the energy utility shall use a qualified energy specialist, engineer, or architect to perform the energy audit and evaluate more complex energy conservation measures, such as sophisticated automatic control systems, furnace and boiler efficiency improvements, heat recovery devices, HVAC system modifications, lighting system improvements, and solar water heaters or water heating heat pumps, unless the energy utility can substantiate that analysis of the systems in use does not require that level of expertise.

(8) Each energy utility shall be responsible for: designing or obtaining data recording forms for an energy audit, developing procedures for analyzing energy use in a commercial building, and for calculating potential energy savings, and designing report forms for recommendations to customers. The system so designed shall have the capability of reporting simple payback periods of at least ten years.

(9) Reports to a commercial building customer shall include as a minimum: a brief description of the building’s energy using systems and overall condition; an energy use analysis; recommended operations and maintenance measures; energy conservation measures which have a simple payback period of up to three years or up to ten years upon the customer’s request, including a description of each measure, its estimated cost, and estimated net energy and dollar savings for the first year. Information about the availability of state tax credits and any low-cost financing options or other incentives available through the utility for the commercial building customer shall also be included.

(10) The Commission may review any federal or regional commercial energy audit programs to determine if they meet or exceed the requirements of these rules. Any energy utility whose commercial energy audit program meets the guidelines of the federal or regional programs, and which has executed a contract to implement the program, shall be considered to have met the requirements of this rule for training and level of audit service. Use of associated federal or regional model commercial audit formats will be considered satisfactory for data collection, analysis procedures, and reports to commercial building customers.

(11) If a commercial building customer qualifies for equal or better audit services under another subsidized program of the federal, state, or local government or utility, the energy utility may refer the commercial building customer to that program. Use of such services shall be at the customer’s option.

(12) During the course of an audit, an energy utility shall not recommend fuel switching from one source of energy to another. If it appears a change of energy sources might benefit the customer, the customer shall be advised to seek independent consulting advice. However, if in the case of a joint audit both utilities agree to recommend fuel switching, such a recommendation may be made.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 469.631 - 469.645 & 756.040
PUC 18-1998, f. & cert. ef. 10-12-98
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)

Or. Admin. R. 860-030-0055 Coordination of Utilities

(1) When more than one utility serves the same building, the utilities shall, whenever possible, conduct a joint analysis of the energy consuming systems and present combined recommendations to the commercial building customer. When disputes arise among utilities in the coordination of analysis and recommendations, such disputes will be resolved by the utility with the highest average monthly billing for that customer.

(2) If the commercial building customer uses oil, wood, or a renewable resource in the building, the energy utility shall make reasonable efforts to determine or estimate previous energy use records for that energy system and shall evaluate the system, particularly the operations and maintenance aspects of the system. When the practices and systems seem to warrant attention beyond the capability of the auditor or specialist, the customer shall be referred to the oil or wood supplier, qualified contractor, engineer, or architect.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)

Or. Admin. R. 860-030-0060 Fees

All utilities shall develop and present a fee schedule to the Commission for approval. A fee schedule may provide incentives to encourage audit and implementation of audit results. Fee schedules may be defined in terms of the level of complexity of the audit and may identify: per-hour cost of the on-site visit, basic per-hour analysis and report preparation costs, and cost of private consulting engineer’s or auditor’s fees, if any. Fees may be charged in proportion to work performed if two utilities cooperate on performing the audit for a single building or complex.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)

Or. Admin. R. 860-030-0070 Reporting Requirements

(1) Each energy utility shall perform on an annual basis a cost-effectiveness analysis of its commercial energy audit program which shall include, but not be limited to:

(a) The number and cost of audits performed;

(b) Number of measures recommended, by type;

(d) Predicted energy and capacity savings, by type of measure installed and by the program as a whole;

(e) The total program cost to customers;

(f) The energy utility’s conclusions as to the cost effectiveness of the program; and

(g) The energy utility’s recommendations for changes in the program. If the energy utility’s service is offered through an association, the association may provide the above information on an individual basis for each utility served.

(2) Each energy utility may be required to report data aggregated by commercial category. The energy utility shall obtain the customer’s consent before making details of an audit available to any other person or entity.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 469.631 - 469.645 & 756.040
PUC 18-1998, f. & cert. ef. 10-12-98
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)

Or. Admin. R. 860-030-0075 Accounting

(1) The energy utility shall pass on to all of its customers the commercial energy audit program costs reasonably incurred pursuant to ORS 469.860 to 469.900, by accounting for the costs not recovered from the commercial building customer as an allowable revenue deduction and by including where applicable the unamortized balance of the accumulated deferred debits associated with commercial energy audit program costs in the rate base for rate-making purposes.

(2) The energy utility shall keep books and accounts to permit the Commission to readily identify all costs incurred in connection with the commercial energy audit program.

(3) All costs incurred by an energy utility pursuant to Oregon Laws 1981, Chapter 708, shall be placed in a deferred debit account until such time as the Commission issues an order including an appropriate amount of costs in rates.

(4) After the authorized amount of costs is included in rates, deferred debit accounting shall not be used to recover additional costs unless the energy utility demonstrates the present level of recovery of costs is inadequate.

(5) The costs accumulated in the deferred debit account may be disposed of by being included in rates by a tracking procedure or by being included in rates upon the issuance of an order by the Commission.

History

Statutory/Other Authority: ORS 183, 469, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 15-1985, f. & ef. 10-1-85 (Order No. 85-896)
PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)

Division 31 INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS

Or. Admin. R. 860-031-0001 Applicability

The rules contained in this division apply to all pipeline operators identified in ORS 757.039.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.039 & 759.039
PUC 3-1999, f. & cert. ef. 8-10-99

Or. Admin. R. 860-031-0005 Inspection of Gas Pipeline Operator Facilities

(1) Priority in inspections will be given to those systems and plants with greater risk potential. The following factors will be considered in determining potential risk: the size of the plant or system and the number of customers it serves, the ratio of total pipe to cathodically protected pipe, the ratio of total pipe to coated pipe, the leaks per mile of main, the percentage of unaccounted-for gas volume, and the number of past accidents.

(2) Inspections will include reviews of the operator’s standard practices and records concerning design, construction, operation, maintenance, inspection, emergency procedures, and damage prevention programs. Field inspections may include, but are not limited to: checks of cathodic protection levels, construction practices, barricading or protection of equipment from damage, witnessing operational checks of overpressure protection and regulating equipment, odorization, leak surveys, and other field functions. Any documentation, records, or physical evidence necessary to support allegations of noncompliance may be obtained by the investigator during the inspection or at any later date.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.039
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)

Or. Admin. R. 860-031-0010 Verbal Notice of Probable Violation to a Gas Pipeline Operator

When an evaluation of an operator’s records, practices, or facilities indicates that the operator is not in compliance with a pipeline safety regulation, the investigator will informally discuss the probable violation of the regulation with the operator whenever practical before concluding the inspection. The operator may take on-site corrective action during the inspection or during the concluding interview at the facility when a probable violation exists. Whenever a probable violation is found, the investigator will issue a written inspection report pursuant to OAR 860-031-0015.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.039
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)

Or. Admin. R. 860-031-0015 Written Notice of Probable Violation to a Gas Pipeline Operator

(1) As soon as practical after an inspection where a probable violation was noted, a written inspection report listing all violations found will be issued. The report will contain a notice that a probable violation exists, a short description of the probable violation, and a citation to the rule(s) in point. The report will specify reasonable times for the operator to submit a response and to correct the violation. If the probable violation was corrected at the time of the inspection or concluding interview, the corrective action will be noted in the inspection report.

(2) The operator’s written response pursuant to OAR 860-031-0020 must be received by the Commission’s gas pipeline safety section within the time specified in the inspection report. If no written response is received within such time, the probable violation will be taken to be admitted.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.039
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)

Or. Admin. R. 860-031-0020 Responses Open to the Gas Pipeline Operator

(1) After receiving the citation, the gas pipeline operator may:

(a) Correct the violation within the time allotted in the inspection report and notify the Commission’s gas pipeline safety section of the action taken; or

(b) Submit a written plan of action indicating the action to be taken to correct the probable violation, including a schedule and the date when the completion of corrective action is anticipated; or

(2) If the plan of action is rejected, or if the operator selects the third option, an informal conference will be scheduled.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.039
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)

Or. Admin. R. 860-031-0025 Informal Conference for a Probable Violation by a Gas Pipeline Operator

A date, time, and place for the informal conference will be arranged. At the conference the operators may explain their positions and may present alternatives for remedying the probable violation. The operators and the gas pipeline safety staff may agree on a plan to remedy the probable violation.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.039
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)

Or. Admin. R. 860-031-0030 Referral to the Commission of a Probable Violation by a Gas Pipeline Operator

After receiving a response from the operators and after holding the informal conference, if any, or after receiving no response within the time specified in the inspection report, the Commission’s gas pipeline safety staff will determine whether to refer the case to the Commission for formal action. In such case, the staff shall notify the Commission of the response chosen by the operators and the result of the informal conference, if any.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.039
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)

Or. Admin. R. 860-031-0035 Civil Penalties

(1) Civil penalties for failure to comply with gas pipeline safety rules or regulations are based on the gravity of the violation, the extent of the operators' past violations, and other matters as justice may require.

(2) ORS 757.991 provides for penalties for failure to comply with gas pipeline safety rules or regulations of $200,000 per day, to a maximum of $2,000,000 for any related series of failures.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.039 & 756.991
PUC 5-2015, f. & cert. ef. 8-11-15
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 12-1999, f. & cert. ef. 11-18-99
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)

Or. Admin. R. 860-031-0040 Waivers of Gas Pipeline Safety Standards

(1) Upon request or its own motion, the Commission may waive any of the Division 031 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. The application must include a statement of reasons why the regulations are not appropriate and why a waiver is consistent with gas pipeline safety. The Commission may grant a waiver if:

(a) The noncompliance does not entail a significant risk to the operator's employees or the public; or

(b) The degree of risk does not justify the expense of bringing the system into compliance.

(2) If the Commission decides to grant a waiver, it shall issue the waiver under such terms and conditions as are appropriate, with a statement of reasons for granting the waiver. The waiver shall contain a recital that it is subject to the approval of the Secretary of Transportation of the United States Department of Transportation. If the Commission denies the waiver, it shall notify the applicant of the reasons for the denial.

(3) The Commission shall give the Secretary of Transportation of the United States Department of Transportation written notice 60 days before the effective date of the waiver. If, before the effective date of the waiver, the Secretary objects in writing to the granting of the waiver, the Commission's action granting the waiver will be stayed. The Commission may present the case for the waiver to the Secretary, who, in such case, shall determine finally whether the requested waiver will be granted. If the Commission does not present the case for the waiver to the Secretary, the grant of the waiver shall be withdrawn and the waiver shall be denied.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.039
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 1-1998, f. & cert. ef. 1-12-98
PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)

Division 32 TELECOMMUNICATIONS

Or. Admin. R. 860-032-0000 Waiver

Upon request or its own motion, the Commission may waive any of the Division 032 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS. 756.040
Statutes/Other Implemented: ORS 756.040, 759.005 & 759.020
PUC 6-2011, f. & cert. ef. 9-14-11

Or. Admin. R. 860-032-0001 Definitions for Telecommunications

For the purpose of this division:

(1) "Affiliated interest" between telecommunications providers means:

(a) Every corporation and person owning or holding directly or indirectly 5 percent or more of the voting securities of such telecommunications provider;

(b) Every corporation and person in any chain of successive ownership of 5 percent or more of voting securities of such telecommunications provider;

(c) Every corporation 5 percent or more of whose voting securities are owned by any person or corporation owning 5 percent or more of the voting securities of such telecommunications provider or by any person or corporation in any chain of successive ownership of five percent or more of voting securities of such telecommunications provider;

(d) Every person who is an officer or director of such telecommunications provider or of any corporation in any chain of successive ownership of 5 percent or more of voting securities of such telecommunications provider;

(e) Every corporation that has two or more officers or two or more directors in common with such telecommunications provider;

(f) Every corporation and person, 5 percent or more of which is directly or indirectly owned by a telecommunications provider;

(g) Every corporation or person who or which the Commission determines as a matter of fact, after investigation and hearing, actually is exercising any substantial influence over the policies and actions of such telecommunications provider, even though such influence is not based upon stockholdings, stockholders, directors, or officers to the extent specified in this section of this rule;

(h) Every person or corporation who or which the Commission determines as a matter of fact, after investigation and hearing, actually is exercising such substantial influence over the policies and actions of such telecommunications provider in conjunction with one or more other corporations or persons with whom they are related by ownership or blood or by action in concert that together they are affiliated with such telecommunications provider within the meaning of this section even though no one of them alone is so affiliated.

(2) "Competitive provider" means a competitive telecommunications provider as defined in ORS 759.005(1), who provides services authorized pursuant to ORS 759.020.

(3) "Cooperative" means a cooperative corporation or association, which provides local exchange telecommunications service within its own exchanges, which is organized under ORS Chapter 62, and which is certified under ORS 759.025(2).

(4) "Exempt service" means a telecommunications service for which all revenues from, costs of, and assets dedicated to providing the service are excepted from the Commission’s regulatory authority pursuant to ORS 759.030(2) or (3).

(5) "Local exchange service" means local exchange telecommunications service as defined in ORS 759.005(3). Local exchange service includes "shared service."

(6) "Operator service" means service provided by a telecommunications provider in response to a request for special billing, dialing assistance, or information regarding the use of and charges for its telecommunications services. An operator service may be manual or automatic.

(7) "Pay telephone" means a telephone instrument, generally placed in public areas, for transient use on a pay-per-call basis. "Pay telephone" instruments may be coin operated, noncoin operated, prepay, postpay, central office controlled, instrument controlled, provided by local exchange carriers, or provided by other persons or entities.

(8) "Price-listed service" means a product or service whose price and terms are authorized under OAR 860-032-0023, 860-032-0035, ORS 759.050, 759.054, or 759.195, and posted in a price list filed with the Commission. The costs and revenues of a price-listed product or service shall be considered part of the telecommunications utility’s regulated activities.

(9) "Private telecommunications network" means a system, including the construction, maintenance, or operation of the system, for the provision of a service or any portion of a service, by a person for the exclusive use of that person and not for resale, directly or indirectly. "Private telecommunications network" includes services provided by the State of Oregon pursuant to ORS 190.240 and 283.140.

(10) "Shared service" means shared telecommunications service as defined in ORS 759.005(6); and

(a) The provision of telecommunications and information management services and equipment:

(A) To a user group comprised of one person or association served by a single telecommunications system;

(B) Located in a single building or in several buildings on contiguous property;

(D) Through privately owned customer premises equipment and associated data processing and information management services.

(b) Includes connection to local exchange service.

(11) "Telecommunications provider" or "provider" includes competitive providers, cooperatives, and telecommunications utilities.

(12) "Telecommunications service" or "service" means two-way switched access and transport of voice communications, and all services provided in connection with such services, but excludes:

(a) Services provided by radio common carrier;

(b) One-way transmission of television signals;

(d) Private telecommunications networks; and

(e) Customer communications that take place on the customer’s side of the network interface.

(13) "Telecommunications utility" means a person who is not a competitive provider and is designated as a telecommunications utility under OAR 860-032-0010.

(14) "Toll service" means a telecommunications service between local exchanges carried on the public switched network for which charges are made on a per-unit basis.

(15) "Unserved person" means a person:

(a) Who lacks local exchange service;

(b) Who is applying for residential service or business service with five or fewer lines; and

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.005 & 759.020
PUC 9-2019, minor correction filed 11/08/2019, effective 11/08/2019
PUC 1-2003, f. & cert. ef. 2-12-03
PUC 26-2001, f. & cert. ef. 11-5-01
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 1-1994, f. & cert. ef. 1-5-94 (Order No. 94-040)
PUC 5-1993, f. & cert. ef. 2-19-93 (Order No. 93-184)
PUC 1-1990, f. & cert. ef. 2-6-90 (Order No. 90-96)
Reverted to PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 10-1989(Temp), f. & cert. ef. 7-10-89 (Order No. 89-847)
PUC 19-1986(Temp), f. & ef. 12-15-86 (Order No. 86-1253)
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)

Or. Admin. R. 860-032-0002 Notice and Procedures for a Proceeding Initiated Under Division 032

(1) All notices initiating a proceeding under this Division, including, but not limited to, applications, petitions, complaints, and other pleadings, must be served on all telecommunications providers and all persons on the Commission's new application mailing list. Any person wishing to be included on the list must submit his or her name, electronic mail address, and mailing address to the Commission's Administrative Hearings Division.

(2) Except as otherwise provided, every proceeding under this Division will follow the procedures in ORS 756.500 et seq. and the Commission's rules of procedure.

(3) Any person submitting information under the Commission's rules may request that the information be held in confidence pursuant to the public records law, ORS 192.500.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020 & 759.025
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 4-2003, f. & cert. ef. 3-11-03
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 8-1999, f. & cert. ef. 10-18-99
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 1-1990, f. & cert. ef. 2-6-90 (Order No. 90-96)
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)

Or. Admin. R. 860-032-0005 Application for New or Amended Certificate of Authority, or to Transfer Authority

(1) A person may not provide intrastate telecommunications service on a for-hire basis, or transfer a certificate of authority to provide such service, except as authorized by the Commission.

(2) Any person intending to provide intrastate telecommunications service in Oregon, or to transfer a certificate of authority to provide such service, must file an application, on a form prescribed by the Commission. A copy of the applicable application form is available on the Commission's website.

(3) The application and any subsequent amendments must be filed electronically as set forth in OAR 860-001-0140 and 860-001-0170.

(4) Applicant(s) must complete all applicable parts of the application. If an application, in any material respect, is incomplete, inaccurate, false, or misleading, the Commission may reject the application.

(5) An application for a new or amended certificate must contain:

(a) A request for classification as a telecommunications utility or competitive provider;

(b) The name, mailing address, telephone number, and electronic mail address of the applicant;

(c) A description of the service the applicant seeks to provide, including designation of such service as local exchange, shared, or interexchange service, and a designation of such service as switched or non-switched service, and a description of how applicant will provide such service;

(d) A description of the territory where the service is to be offered. An application to provide local exchange service must include a description and map of the local exchange service boundaries or a list of the local exchanges to be served;

(e) The names of affiliated interests of the applicant, as defined in OAR 860-032-0001, which are certified to provide or are actually providing telecommunications service in Oregon;

(f) A list of each certificate of authority to provide service in Oregon, which was granted to applicant or to an affiliated interest, whether such certificate is in effect or canceled; and

(g) In addition to the requirements of subsections (5)(a) through (f) of this rule, an application to provide shared service must:

(A) Describe the user group to whom service will be provided;

(B) List the street address of the building(s) where service will be provided; and

(C) If service will be provided to a user group located in two or more buildings, the application must include a clear, precise, legible map, of the area to be served.

(6) An application to transfer a certificate of authority must contain:

(a) The names, mailing addresses, telephone numbers, and electronic mail addresses of the transferor and transferee;

(b) A description of the telecommunications services and service area for which authority is to be transferred; and

(c) The names of affiliated interests of the transferee, as defined in OAR 860-032-0001, which are certified to provide or are actually providing telecommunications service in Oregon.

(7) For all applications:

(a) The Commission will serve notice of the application as provided in OAR 860-032-0002(1).

(b) Within 20 days of the date of service of the notice, any person may file a protest to an application. The protest must set forth the grounds for the protest and be filed in accordance with requirements of OAR 860-001-0140 and 860-001-0170.

(c) The Commission may require a person filing a protest to show that it is affected by the application or that its appearance and participation will not unreasonably broaden the issues or burden the record. Failure of the telecommunications utility or cooperative to protest an application to provide local exchange service, other than shared service, is not considered consent to the application.

(d) Any protestant will be made a party to the application proceeding. Other persons may be made a party upon formal request to the Commission.

(e) If an applicant intends to broaden the authority requested during the application process, it must file a new application pursuant to sections (2) through (6) of this rule. However, an applicant may narrow its request by filing its amendment with the Filing Center.

(f) The Commission may grant or deny an application without hearing, unless a hearing is required by ORS 759.020(4).

(g) If the Commission processes the application without a hearing, the Commission staff may issue to the parties a proposed order that grants or denies the application. Within 60 days of service of any proposed order, any party may file exceptions or request a hearing. Exceptions must be filed with the Filing Center. Within 10 days of filing of any exceptions, Commission staff and any party may file a reply. In its reply, Commission staff may modify its proposed order in response to the exceptions filed. Filing dates for exceptions and replies are calculated and enforced per OAR 860-001-0150.

(h) A party to the application proceeding may request rehearing or reconsideration of the order, which grants or denies the application, pursuant to ORS 756.561 and OAR 860-001-0720.

(8) For applicants who request classification as a telecommunications utility, all services proposed to be offered by the applicant must be deemed essential services. However, applicant may accompany the application with a petition to exempt some services pursuant to OAR 860-032-0025 or to price-list some or all services pursuant to OAR 860-032-0035.

(9) The Commission reviews applications for interexchange service or shared service pursuant to ORS 759.020. Applications for local exchange service, other than shared service, will be reviewed pursuant to ORS 759.020 and 759.050.

(10) For applications for local exchange service, other than shared service, the following apply in addition to provisions of sections (7) through (9) of this rule:

(a) The Commission may apply the public interest criteria from ORS 759.050(2), or the Commission may determine pursuant to ORS 759.020(3) that the affected telecommunications utility is unable to provide service; and

(b) Failure by the telecommunications utility to provide reasonable and adequate local exchange service constitutes inability to provide service.

(11) Applications to transfer authority to provide telecommunications service are subject to sections (1) through (4) and (6) through (10) of this rule. With Commission approval, a telecommunications provider may transfer a certificate of authority subject to the following requirements:

(a) The transferor may transfer some or all of its authority;

(b) Transferee is liable for all fees incurred and reports due by the transferor as of the date the transfer is approved; and

(c) All relevant conditions and restrictions which attend the authority held by the transferor will apply to the certificate held by the transferee.

(d) When the application is granted the transferor will no longer be authorized to provide the telecommunications services that are transferred.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020, 759.025, 759.030, 759.050, 759.225 & 759.690
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 4-2003, f. & cert. ef. 3-11-03
PUC 26-2001, f. & cert. ef. 11-5-01
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 2-1998, f. & cert. ef. 2-24-98
PUC 9-1991, f. & cert. ef. 7-16-91 (Order No. 91-854)
PUC 23-1990, f. & cert. ef. 12-31-90 (Order No. 90-1918)
PUC 1-1990, f. & cert. ef. 2-6-90 (Order No. 90-96)
Reverted to PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 10-1989(Temp), f. & cert. ef. 7-10-89 (Order No. 89-847)
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)

Or. Admin. R. 860-032-0007 Conditions of Certificates of Authority

A certificate to provide telecommunications service is subject to the following conditions:

(1) The certificate holder must provide only the telecommunications service authorized in the certificate.

(2) A telecommunications utility may not abandon service except as authorized under the Commission's rules.

(3) For telecommunications utilities, the records and books of the certificate holder are open to inspection by the Commission, and must be maintained according to the Commission's rules.

(4) For competitive providers and cooperatives, the books and records of the certificate holder must be open to inspection by the Commission to the extent necessary to verify information required of the certificate holder. The books and records must be maintained according to the applicable rules of the Commission.

(5) The certificate holder must pay all access charges and subsidies imposed pursuant to the Commission's rules, orders, tariffs, or price lists.

(6) The certificate holder involved in the provision of an operator service must:

(a) Notify all callers at the beginning of each call of the telecommunications provider's name; however, a telecommunications provider furnishing operator service for another telecommunications provider may brand the call by identifying the other provider;

(b) Disclose rate and service information to the caller when requested;

(d) Transfer an emergency call to the appropriate emergency number when requested, free of charge;

(e) Transfer a call to, or instruct the caller how to reach, the originating telecommunications utility's operator service upon request of the caller, free of charge;

(f) Not transfer a call to another operator service provider without the caller's notification and consent;

(g) Not bill or collect for calls not completed to the caller's destination telephone number; and

(h) Not screen calls and prevent or block the completion of calls which would allow the caller to reach an operator service company different from the certificate holder. In addition, the certificate holder shall, through contract provisions with its call aggregator clients, prohibit the blocking of a caller's access to his or her operator service company of choice. A certificate holder may apply for a waiver from this requirement if necessary to prevent fraudulent use of its services.

(7) Telecommunications providers who enter into operator service contracts or arrangements with call aggregators must include in those contracts or arrangements provisions for public notification as follows:

(a) A sticker or name plate identifying the name of the certificate holder must be attached to each telephone available to the public; and

(b) A brochure, pamphlet, or other notice must be available in the immediate vicinity of the telephone giving the name of the operator service provider, stating that rate quotes are available upon request, listing a toll-free telephone number for customer inquiry, and giving instructions on how the caller may access other operator service providers.

(8) Competitive providers may contract with telecommunications utilities, other competitive providers, or other persons for customer billing and collection under the following conditions:

(a) The telecommunications utility, other competitive provider, or other person, in billing for the competitive provider, must include on the bill the name of a company with the information and authority to provide information and resolve disputes about billing entries, a toll-free number to reach that company, and details of the services and charges billed;

(b) The telecommunications utility may not deny telecommunications service to customers for failure to pay charges for competitive provider services or unregulated utility services.

(9) The certificate holder must comply with Commission rules and orders applicable to the certificate holder.

(10) The certificate holder may not take any action that impairs the ability of other certified telecommunications providers to meet service standards specified by the Commission;

(11) The certificate holder must respond in a timely manner to Commission inquiries.

(12) The certificate holder must submit required reports in a timely manner.

(13) The certificate holder must notify the Commission of changes to the certificate holder's name, address, or telephone numbers within ten days of such change.

(14) Telecommunications providers must meet service standards set forth in applicable Commission's rules, including OAR 860-032-0012.

(15) The certificate holder must timely pay all Commission taxes, fees, or assessments adopted pursuant to Oregon law or Commission rules, orders, tariffs or price lists.

(16) Except as otherwise allowed under state or federal law, the certificate holder must not block, choke, reduce or restrict intrastate traffic in any way.

(17) The certificate holder must take reasonable steps to ensure that it does not adopt or perpetuate routing practices that, except as otherwise allowed under state or federal law, result in lower quality service to an exchange with higher terminating access rates than like service to an exchange with lower terminating access rates.

(a) Reasonable steps include:

(A) Not engaging in deceptive or misleading practices including but not limited to informing a caller that a number is not reachable or is out of service when the number is in fact reachable and in service.

(B) Ensuring that the actions of any underlying carrier, if that underlying carrier is an agent, contractor or subcontractor of or employed by the certificate holder and acting within the scope of the person’s employment, used to deliver traffic on behalf of the certificate holder would not put the certificate holder in violation of any Commission rule.

(b) The certificate holder is liable for the actions of an underlying carrier used to deliver traffic on behalf of the certificate holder, if that underlying carrier is an agent, contractor or subcontractor of or employed by the certificate holder and acting within the scope of the person’s employment and the certificate holder knew or should have known of the underlying carrier’s actions and engages in acts or omissions that effectively allow those actions to persist.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020, 759.036, 759.050, 759.225, 759.450 & 759.690
PUC 7-2012, f. & cert. ef. 12-17-12
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203); PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159); PUC 10-1989(Temp), f. & cert. ef. 7-10-89 (Order No. 89-847); PUC 1-1990, f. & cert. ef. 2-6-90 (Order No. 90-96); PUC 23-1990, f. & cert. ef. 12-31-90 (Order No. 90-1918); PUC 9-1991, f. & cert. ef. 7-16-91 (Order No. 91-854); PUC 2-1998, f. & cert. ef. 2-24-98; PUC 10-1998, f. & cert. ef. 4-28-98; PUC 3-1999, f. & cert. ef. 8-10-99; PUC 4-2000, f. & cert. ef. 2-9-00, Renumbered from 860-032-0005(9); PUC 6-2011, f. & cert. ef. 9-14-11

Or. Admin. R. 860-032-0008 Failure to File Information or Pay the Annual Fee

(1) If the Commission has not received an annual fee payment from a telecommunications provider by April 1 of the year after the calendar year upon which the fee is based, a penalty shall be due and payable. The penalty shall equal two percent of the annual fee for each and every month or fraction thereof that the fee remains unpaid.

(2) If the Commission has not received requested information or an annual fee within the specified time, or a telecommunications provider does not cooperate with a Commission audit, the Commission may commence a proceeding to impose sanctions, including but not limited to, revoking the telecommunications provider’s certificate of authority to operate in Oregon.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040, 756.310, 756.320, 756.350 & 759.020
PUC 13-1999, f. & cert. ef. 12-7-99

Or. Admin. R. 860-032-0010 Classification of Applicants as Telecommunications Providers

(1) Pursuant to ORS 759.020, there shall be two classifications of telecommunications providers:

(a) Telecommunications utility; and

(b) Competitive provider.

(2) The Commission shall classify an applicant for a certificate of authority pursuant to ORS 759.020.

(3) A telecommunications provider may file a petition with the Commission under OAR 860-032-0005 to change its classification. On the Commission’s own motion, and after notice and opportunity for hearing, the Commission may change a telecommunications provider’s classification upon finding the provider no longer qualifies for the classification previously assigned or qualifies for a different classification.

(4) Local exchange telecommunications service provided by a telecommunications utility or a cooperative within the boundaries of local exchanges belonging to another telecommunications utility or cooperative, which exchanges are defined pursuant to ORS 759.005(2)(c), shall be considered the operations of a competitive provider, and may only be provided pursuant to a certificate of authority granted by the Commission under ORS 759.020. Such service shall be considered operations of a competitive provider without regard to the manner the provider treats those operations.

(5) Telecommunications services provided by a telecommunications utility or a cooperative pursuant to a certificate of authority granted under ORS 759.020, wherein the provider was classified as a competitive provider for purposes of providing those services, shall be considered the operations of a competitive provider without regard to the manner the provider treats those operations.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.005, 759.020 & 759.030
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203); PUC 16-1986 f. & ef. 11-17-86 (Order No. 86-1159); PUC 10-1998, f. & cert. ef. 4-28-98; PUC 4-2000, f. & cert. ef. 2-9-00

Or. Admin. R. 860-032-0011 Advertisements by Competitive Providers

Each competitive provider shall ensure that advertisements or other offers of service do not refer to the Commission’s certification of the competitive provider, unless the advertisement or offer conspicuously includes the following statement:

The Public Utility Commission of Oregon does not regulate the rates of this carrier. Certification by the Commission means that this carrier is listed with the Commission to do business in Oregon.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020 & 759.050
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 5-1991, f. & cert. ef. 4-3-91

Or. Admin. R. 860-032-0012 Retail Telecommunications Service Standards for Competitive Telecommunications Providers

Every large telecommunications utility, as defined in OAR 860-023-0001(2), must adhere to the standards in OAR 860-023-0055. Every small telecommunications utility, as defined in 860-034-0010(3)(a) must adhere to the standards in 860-034-0390. Every competitive telecommunications provider, as defined in ORS 759.005(1), that maintains more than 1,000 access lines on a statewide basis, must adhere to the following service standards:

(1) Definitions.

(a) "Access Line" — A facility engineered with dialing capability to provide retail telecommunications service that connects a customer's service location to the Public Switched Telephone Network;

(c) "Average Speed of Answer" — The average time that elapses between the time the call is directed to a representative and the time it is answered;

(d) "Blocked Call" — A properly dialed call that fails to complete to its intended destination except for a normal busy (60 interruptions per minute);

(f) "Exchange" — Geographic area defined by maps filed with and approved by the Commission for the provision of local exchange telecommunications service;

(g) "Final Trunk Group" — A last-choice trunk group that receives overflow traffic and that may receive first-route traffic for which there is no alternative route;

(h) "Force Majeure"— Circumstances beyond the reasonable control of a competitive telecommunications provider, including but not limited to, delays caused by:

(A) A vendor in the delivery of equipment, where the competitive telecommunications provider has made a timely order of equipment;

(B) Local, state, federal, or tribal government authorities in approving easements or access to rights of way, where the competitive telecommunications provider has made a timely application for such approval;

(C) The customer, including but not limited to, the customer's construction project or lack of facilities, or failure to provide access to the customer's premises;

(j) "Initial Commitment Date" — The initial date pledged by the competitive telecommunications provider to provide a service, facility, or repair action. This date is within the minimum time set forth in these rules or a date determined by good faith negotiations between the customer and the competitive telecommunications provider;

(k) "Network Interface" — The point of interconnection between the competitive telecommunications provider's communications facilities and customer terminal equipment, protective apparatus, or wiring at a customer's premises. The network interface must be located on the customer's side of the competitive telecommunications provider's protector;

(l) "Retail Telecommunications Service" — A telecommunications service provided for a fee to customers. Retail telecommunications service does not include a service provided by a competitive telecommunications provider to another competitive telecommunications provider or telecommunications utility, unless the competitive telecommunications provider or telecommunications utility receiving the service is the end user of the service;

(m) "Service Area" — The entire geographic area the Commission has certified a competitive telecommunications provider to serve. A competitive telecommunications provider may petition the Commission to designate a different geographic area as its service quality reporting area.

(n) "Tariff" — A schedule showing rates, tolls, and charges that the competitive telecommunications provider has established for a retail service;

(o) "Trouble Report" — A report of a malfunction that affects the functionality and reliability of retail telecommunications service on existing access lines, switching equipment, circuits, or features made up to and including the network interface, to a competitive telecommunications provider by or on behalf of that competitive telecommunications provider's customer, which affects the functionality and reliability of retail telecommunications service;

(p) "Wire Center" — A facility where local telephone subscribers' access lines converge and are connected to switching equipment that provides access to the Public Switched Telephone Network, including remote switching units and host switching units. A wire center does not include collocation arrangements in a connecting competitive telecommunications provider's wire center or broadband hubs that have no switching equipment.

(2) Measurement and Reporting Requirements. A competitive telecommunications provider must take the measurements required by this rule and report them to the Commission as specified. Reported measurements must be reported to the first significant digit (i.e., one number should be reported to the right of the decimal point). The service quality objective service levels set forth in sections 4 through 8 of this rule apply only to normal operating conditions and do not establish a level of performance to be achieved during force majeure events.

(3) Additional Reporting Requirements. The Commission may require a competitive telecommunications provider to submit additional reports on any item covered by this rule.

(4) Provisioning and Held Orders for Lack of Facilities. The representative of the competitive telecommunications provider must give a retail customer an initial commitment date of not more than six business days after a request for access line service, unless a later date is determined through good faith negotiations between the customer and the competitive telecommunications provider. The competitive telecommunications provider may change the initial commitment date only if requested by the customer. When establishing the initial commitment date, the competitive telecommunications provider may take into account the actual time required for the customer to meet prerequisites; e.g., line extension charges or trench and conduit requirements. If a request for service becomes a held order for lack of facilities, the serving competitive telecommunications provider must, within five business days, send or otherwise provide the customer a written commitment to fill the order.

(a) Measurement:

(A) Commitments Met — A competitive telecommunications provider must calculate the monthly percentage of commitments met for service, based on the initial commitment date, across its Oregon service territory. Commitments missed for reasons solely attributed to customers, another competitive telecommunications provider or telecommunications utility may be excluded from the calculation of the "commitments met" results;

(B) Held Orders for Lack of Facilities — A competitive telecommunications provider must determine the total monthly number of held orders, due to lack of facilities, not completed by the initial commitment date during the reporting month and the number of primary (initial access line) held orders, due to lack of facilities, over 30 days past the initial commitment date.

(b) Objective Service Level:

(A) Commitments Met — Each competitive telecommunications provider must meet at least 90 percent of its commitments for service.

(B) Held Orders:

(i) The number of held orders for the lack of facilities for each competitive telecommunications provider must not exceed the greater of two per wire center, or designated service area, per month averaged over the entire Oregon geographic area served by the competitive telecommunications provider, or five held orders for lack of facilities per 1,000 inward orders and

(ii) The total number of primary held orders for lack of facilities in excess of 30 days past the initial commitment date must not exceed 10 percent of the total monthly held orders for lack of facilities within the entire Oregon geographic area served by the competitive telecommunications provider.

(c) Reporting Requirement: Each competitive telecommunications provider must report monthly to the Commission the percentage of commitments met for service, total number of held orders for lack of facilities, and the total number of primary held orders for lack of facilities over 30 days past the initial commitment date.

(d) Retention Requirement: Each competitive telecommunications provider must maintain records about held orders for lack of facilities for one year. The record must explain why each order is held and the initial commitment date.

(5) Trouble Reports. Each competitive telecommunications provider must maintain an accurate record of all reports of malfunction made by its customers.

(a) Measurement: A competitive telecommunications provider must determine the number of customer trouble reports that were received during the month. The competitive telecommunications provider must relate the count to the total working access lines within a reporting wire center, or designated service area. A competitive telecommunications provider need not report those trouble reports that were caused by circumstances beyond its control. The approved trouble report exclusions are:

(A) Cable Cuts: A competitive telecommunications provider may take an exclusion if the "buried cable location" (locate) was either not requested or was requested and was accurate. If a competitive telecommunications provider or the provider's contractor caused the cut, the exclusion can only be used if the locate was accurate and all general industry practices were followed;

(B) Internet Service Provider (ISP) Blockage: If an ISP does not have enough access trunks to handle peak traffic;

(C) Modem Speed Complaints: An exclusion may be taken if the copper cable loop is tested at the subscriber location and the objective service levels in section 10 of this rule were met;

(E) New Feature or Service: Trouble reports related to a customer's unfamiliarity with the use or operation of a new (within 30 days) feature or service;

(H) Non-Regulated or Deregulated Equipment: Trouble associated with such equipment should not be counted;

(I) Trouble with Other Competitive Telecommunications Providers or Telecommunications Utilities: A trouble report caused solely by another competitive telecommunications provider or telecommunications utility;

(J) Lightning Strikes: Trouble reports received for damage caused by lightning strikes can be excluded if all accepted grounding, bonding, and shielding practices were followed by the competitive telecommunications provider, at the damaged location; and

(K) Other exclusions: As approved by the Commission.

(b) Objective Service Level: A competitive telecommunications provider must maintain service so that the monthly trouble report rate, after approved trouble report exclusions, does not exceed:

(A) For wire centers, or designated service areas with more than 1,000 access lines: two per 100 working access lines per wire center, or designated service area, more than three times during a sliding 12-month period.

(B) For wire centers, or designated service area, with 1,000 or less access lines: three per 100 working access lines per wire center, or designated service area, more than three times during a sliding 12-month period.

(A) The trouble report rate by wire center, or designated service area;

(B) The reason(s) a wire center, or designated service area, meeting the standard (did not exceed the trouble report rate threshold for more than three of the last 12 months) exceeded a trouble report rate of 3.0 per 100 working access lines during the reporting month;

(C) The reason(s) a wire center, or designated service area, not meeting the standard, after the exclusion adjustment, exceeded the trouble report rate threshold per 100 access lines during the reporting month; and

(D) The access line count for each wire center, or designated service area.

(d) Retention Requirement: Each competitive telecommunications provider must maintain a record of reported trouble in such a manner that it can be forwarded to the Commission upon the Commission's request. The competitive telecommunications provider must keep all records for a period of one year. The record of reported trouble must contain as a minimum the:

(A) Telephone number;

(B) Date and time received;

(D) Type of trouble reported;

(E) Location of trouble; and

(F) Whether or not the present trouble was within 30 days of a previous trouble report.

(6) Repair Clearing Time. This standard establishes the clearing time for all trouble reports from the time the customer reports the trouble to the competitive telecommunications provider until the trouble is resolved. The competitive telecommunications provider must provide each customer making a network trouble report with a commitment time when the competitive telecommunications provider will repair or resolve the problem.

(a) Measurement: The competitive telecommunications provider must calculate the percentage of trouble reports cleared within 48 hours of receiving a report for each repair center, or designated service area. Alternatively, the competitive telecommunications provider may use the following weekend exception to calculate the percentage for trouble reports cleared for those reports that are received between 12 pm on Friday until 5 pm on Sunday.

(A) The trouble reports cleared must be calculated for reports received between 12 pm Friday and 5 pm Saturday and cleared by 5 pm the following Monday for each repair center, or designated service area.

(B) The trouble reports cleared must be calculated for reports received between 5 pm Saturday and 5 pm Sunday and cleared by 5 pm the following Tuesday for each repair center, or designated service area. Alternative weekend repair calculations must be aggregated into the calculation for the percentage of trouble reports cleared within 48 hours.

(b) Objective Service Level: A competitive telecommunications provider must monthly clear at least 90 percent of all trouble reports within 48 hours of receiving a report for each repair center, or designated service area. Alternatively, for those reports that are received between 12 pm on Friday and 5 pm on Sunday, the competitive telecommunications provider may use the following weekend exception to calculate the percentage for trouble reports cleared:

(A) The competitive telecommunications provider must clear 90 percent of all trouble reports received between 12 pm Friday and 5 pm Saturday by 5 pm the following Monday for each repair center or designated service area.

(B) The competitive telecommunications provider must clear 90 percent of all trouble reports received between 5 pm Saturday and 5 pm Sunday by 5 pm the following Tuesday for each repair center or designated service area.

In the standard or alternative calculation methods, trouble reports attributed solely to customers of another competitive telecommunications provider or telecommunications utility may be excluded from the calculation of the “repair clearing time” results.

(c) Reporting Requirement: Each competitive telecommunications provider must report monthly to the Commission the percentage of trouble reports cleared within 48 hours by each repair center, or designated service area with optional adjustments allowed for weekend repair exceptions described in (b). A competitive telecommunications provider must use its best efforts to complete out-of-service restorations for business customers. In addition, a competitive telecommunications provider must use its best efforts to complete out-of-service restorations for residential customers who have identified either a medical necessity or no access to an alternative means of voice or E-911 communications.

(d) A competitive telecommunications provider must indicate in its report if it opts to use the alternative weekend exception period reporting.

(e) Retention Requirement: None.

(7) Blocked Calls. A competitive telecommunications provider must engineer and maintain all intraoffice, interoffice, and access trunking and associated switching components to allow completion of calls made during the average busy season busy hour without encountering blockage or equipment irregularities in excess of levels listed in subsection (7)(b) of this rule.

(a) Measurement:

(A) A competitive telecommunications provider must collect traffic data; i.e., peg counts and usage data generated by individual components of equipment or by the wire center as a whole, and calculate blockage levels of the interoffice final trunk groups.

(B) System blockage is determined by special testing at the wire center. Commission Staff or a competitive telecommunications provider technician will place test calls to a predetermined test number, and the total number of attempted calls and the number of completed calls will be counted. The percentage of calls completed must be calculated.

(b) Objective Service Level:

(A) A competitive telecommunications provider must maintain interoffice final trunk groups to allow 99 percent completion of calls during the average busy season busy hour without blockage (P.01 grade of service); and

(B) A competitive telecommunications provider must maintain its switch operation so that 99 percent of the calls do not experience blockage during the normal busy hour.

(C) When a competitive telecommunications provider fails to maintain the interoffice final trunk group P.01 grade of service for four or more consecutive months, it will be considered out-of-standard until the condition is resolved. A single repeat blockage within two months of restoring the P.01 grade of service will be considered a continuation of the original blockage.

(B) Its tandem switch final trunk group blockages associated with EAS traffic;

(D) Identity of the competitive telecommunications provider or telecommunications utility, if other than the reporting competitive telecommunications provider, responsible for maintaining those final trunk groups not meeting the standard.

(d) Retention Requirement: Each competitive telecommunications provider must maintain records for one year.

(8) Access to Competitive Telecommunications Provider Representatives. This rule sets the allowed time for competitive telecommunications provider business office or repair service center representatives to answer customer calls.

(a) Measurement:

(A) Direct Representative Answering: A competitive telecommunications provider must measure the answer time from the first ring at the competitive telecommunications provider business office or repair service center;

(B) Driven, Automated, or Interactive Answering System: The option of transferring to the competitive telecommunications provider representative must be included in the initial local service-screening message. The competitive telecommunications provider must measure the answering time from the point a call is directed to its representatives; e.g., when the call leaves the Voice Response Unit;

(i) The monthly percentage of the total calls placed to the business office and repair service center and the number of calls answered by representatives within 20 seconds; or

(ii) The average speed of answer time for the total calls received by the business office and repair service center.

(b) Objective Service Level:

(A) No more than 1 percent of calls to the competitive telecommunications provider business office or repair service center may encounter a busy signal.

(B) The competitive telecommunications provider representatives must answer at least 80 percent of calls within 20 seconds or have an average speed of answer time of 50 seconds or less.

(A) Each competitive telecommunications provider must report monthly to the Commission an exception report if busy signals were encountered in excess of 1 percent for either the business office or repair service center; and

(B) Each competitive telecommunications provider must report monthly to the Commission the percentage of calls answered within 20 seconds or the average speed of answer time for both the business office and repair service center. Once a method of measurement is reported by the provider, that method can only be changed with permission of the Commission.

(d) Retention Requirement: None.

(9) Interruption of Service Notification. A competitive telecommunications provider must report significant outages that affect customer service. These interruptions could be caused by switch outage, electronic outage, cable cut, or construction.

(a) Measurement: A competitive telecommunications provider must notify the Commission when an interruption occurs that exceeds any of the following thresholds:

(A) Cable cuts, excluding service wires and wires placed in lieu of cable, or electronic outages lasting longer than 30 minutes and affecting 50 percent or more of in-service lines.

(B) Toll or Extended Area Service isolation lasting longer than 30 minutes and affecting 50 percent or more of in-service lines.

(C) Isolation of a central office (host or remote) from the E 9-1-1 emergency dialing code or isolation of a Public Safety Answering Position (PSAP).

(D) Isolation of a wire center for more than 15 minutes.

(E) Outage of the business office or repair center access system lasting longer than 15 minutes in those instances where the traffic cannot be re-routed to a different center.

(b) Objective Service Level: Not applicable.

(c) Reporting Requirement: A competitive telecommunications provider must report service interruptions to the Commission engineering staff by telephone, by facsimile, by electronic mail, or personally within two hours during normal work hours of the business day after the company becomes aware of such interruption of service. Interim reports will be given to the Commission as significant information changes (e.g., estimated time to restore, estimated impact to customers, cause of the interruption, etc.) until it is reported that the affected service is restored.

(d) Retention Requirement: None.

(10) Customer Access Line Testing. All customer access lines must be designed, installed, and maintained to meet the levels in subsection (b) of this section.

(a) Measurement: Each competitive provider must make all loop parameter measurements at the network interface, or as close as access allows;

(b) Objective Service Level: Each access line must meet the following levels:

(A) Loop Current: The serving wire center loop current, when terminated into a 400-ohm load, must be at least 20 milliamperes;

(B) Loop Loss: The maximum loop loss, as measured with a 1004-hertz tone from the serving wire center, must not exceed 8.5 decibels (dB);

(D) Power Influence: As a goal, power influence, as measured on a quiet line from the serving wire center, must not exceed 80 dBrnC.

(c) Reporting Requirement: A competitive telecommunications provider must report measurement readings as directed by the Commission;

(d) Retention Requirement: None.

(a) Measurement: Each competitive telecommunications provider must make measurements at or to the serving wire center;

(b) Objective Service Level:

(A) Dial Tone Speed. Ninety-eight percent of originating average busy hour call attempts must receive dial tone within three seconds; and

(B) A competitive telecommunications provider must maintain all interoffice and access trunk groups so that the actual measured loss (AML) in no more than 30 percent of the trunks deviates from the expected measured loss (EML) by more than 0.7 dB and no more than 4.5 percent of the trunks deviates from EML by more than 1.7 dB.

(d) Retention Requirement: None.

(12) Special Service Access Lines. All special service access lines must meet the performance requirements specified in applicable competitive telecommunications provider tariffs or contracts.

(13) Competitive Telecommunications Provider Interconnectivity. A competitive telecommunications provider connected to the facilities of another competitive telecommunications provider or telecommunications utility must operate its system in a manner that will not impede either company's ability to meet required standards of service. A competitive telecommunications provider must report interconnection operational problems promptly to the Commission.

(14) Remedies for Violation of This Standard.

(a) If a competitive telecommunications provider subject to this rule fails to meet a minimum service quality standard, the Commission must require the competitive telecommunications provider to submit a plan for improving performance as provided in ORS 759.450(5). If a competitive telecommunications provider does not meet the goals of its improvement plan within six months, or if the plan is disapproved by the Commission, the Commission may assess penalties in accordance with ORS 759.450(5) through (7).

(b) In addition to the remedy provided under ORS 759.450(5), if the Commission believes that a competitive telecommunications provider subject to this rule has violated one or more of its service standards, the Commission must give the competitive telecommunications provider notice and an opportunity to request a hearing. If the Commission finds a violation has occurred, the Commission may require the competitive telecommunications provider to provide the following relief to the affected customers:

(A) An alternative means of telecommunications service for violations of paragraph (4)(b)(B) of this rule;

(B) Customer billing credits equal to the associated non-recurring and recurring charges of the competitive telecommunications provider for the affected service for the period of the violation; and

(15)(a) If the Commission determines that effective competition exists in one or more exchange(s), it may exempt all competitive telecommunications providers and telecommunications utilities providing telecommunications services in those exchanges from the requirements of this rule, in whole or in part. In making this determination, the Commission will consider:

(A) The extent to which the service is available from alternative providers in the relevant exchange(s);

(B) The extent to which the services of alternative providers are functionally equivalent or substitutable at comparable rates, terms, and conditions;

(D) Market share and concentration;

(E) Number of suppliers;

(F) Price to cost ratios;

(G) Demand side substitutability (e.g., customer perceptions of competitors as viable alternatives); and

(H) Any other factors deemed relevant by the Commission.

(b) When a competitive telecommunications provider petitions the Commission for exemption under this provision, the Commission must provide notice of the petition to all relevant competitive telecommunications providers and telecommunications utilities providing the applicable service(s) in the exchange(s) in question. The Commission will provide such notified competitive telecommunications providers and telecommunications utilities an opportunity to submit comments in response to the petition. The comments may include requests that, following the Commission's analysis outlined above in paragraphs (15)(a)(A) through (H), the commenting competitive telecommunications provider or telecommunications utilities be exempt from these rules for the applicable service(s) in the relevant exchange(s).

(c) The Commission may grant a competitive telecommunications provider's petition for an exemption from service quality reporting requirements if the competitive telecommunications provider meets all service quality objective service levels set forth in sections (4) through (8) of this rule for the 12 months prior to the month in which the petition is filed.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020, 759.030 & 759.050
PUC 2-2014, f. & cert. ef. 1-22-14
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 10-2005, f. & cert. ef. 12-27-05
PUC 7-2002, f. & cert. ef. 2-26-02
PUC 13-2001, f. & cert. ef. 5-25-01
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 5-1991, f. & cert. ef. 4-3-91

Or. Admin. R. 860-032-0013 Uncertified Telecommunications Providers

(1) No telecommunications provider shall provide telecommunications service to another person for purposes of resale, unless the purchaser has a valid certificate of authority from the Commission to operate as a telecommunications provider.

(2) No telecommunications provider shall purchase telecommunications service, for purposes of resale, from another person, unless the seller has a valid certificate of authority from the Commission to operate as a telecommunications provider.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020 & 759.050
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 5-1991, f. & cert. ef. 4-3-91

Or. Admin. R. 860-032-0015 Cancellation or Suspension of a Telecommunications Provider’s Certificate

(1) The Commission may cancel or suspend a certificate of authority to provide telecommunications service upon a finding that:

(a) The certificate holder intentionally filed an application containing incomplete, inaccurate, false, or misleading information or otherwise misrepresented the services or territory the applicant intends to serve, the applicant’s ownership, affiliates of the applicant, or the applicant’s assets or other information presented to the Commission;

(b) The certificate holder has failed to comply with the terms and conditions of the certificate;

(c) The certificate holder intentionally provided to the Commission incomplete, inaccurate, false, or misleading information; or

(d) The certificate holder failed to pay the annual PUC fee, as required by OAR 860-032-0095.

(2) If the Commission finds a telecommunications provider has violated section (1) of this rule, the Commission may, by order, cancel or suspend the authority in its entirety or the authority to provide a particular service. Upon suspension or cancellation, the telecommunications provider shall be prohibited from providing the services specified in the order.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 756.320, 759.020 & 759.050
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)

Or. Admin. R. 860-032-0020 Abandonment of Service

(1) For the purpose of this rule:

(a) "Abandon" means to discontinue or cease providing.

(b) "Commission" means the Public Utility Commission of Oregon.

(d) "Grandfather" means to discontinue or cease offering a service to new customers and to continue offering the service to existing customers.

(e) "Oregon Emergency Management" means the Technology and Operations Section, Oregon Emergency Management, Department of State Police, in Salem, Oregon.

(f) "Receiving provider" means a telecommunications provider, which receives or acquires customers for a service being abandoned by an exiting provider. A receiving provider may be a telecommunications utility, a telecommunications cooperative, or a competitive provider.

(g) "Receiving telecommunications utility" means a telecommunications utility, which is a receiving provider.

(h) "Receiving competitive provider" means a competitive provider, which is a receiving provider.

(i) "Regulated service" means a telecommunications service provided by a telecommunications utility which is not an exempt service as defined in OAR 860-032-0001.

(j) "Starting date" means the day a telecommunications utility may lawfully disconnect service to an exiting provider or the date a telecommunications utility knows that an exiting provider ceases providing service, whichever comes first.

(k) "Sunset date" means the day a telecommunications provider will abandon a grandfathered service being provided to existing customers.

(l) "Through service" has the same meaning as in OARs 860-022-0003 and 860-034-0015.

(2) Except as specified in section (3) of this rule, this rule applies:

(a) When a telecommunications utility or competitive provider abandons any intrastate telecommunications service; and

(b) When a telecommunications cooperative abandons any through service.

(3) This rule does not apply:

(a) When a telecommunications utility or cooperative transfers control of its operations, for any or all of its service area in Oregon, to another telecommunications utility or cooperative, under ORS 759.375 to 759.390 or 759.500 to 759.570;

(b) When a telecommunications provider replaces a telecommunications service with a substantially similar service; and

(c) When a telecommunications provider disconnects service to an individual customer at the customer’s request or for cause, including non-payment.

(4) This rule does not relieve telecommunications providers of any requirements imposed by the Federal Communications Commission (FCC), including FCC anti-slamming rules and 47 Code of Federal Regulations, Section 63.71.

(5) Notifications required by this rule shall include the following at a minimum:

(a) Name of the exiting provider;

(b) Address and telephone number where the public, customers, Commission staff, and affected telecommunications providers may contact the exiting provider for information regarding the abandonment;

(d) Identification of geographic areas where the services will be abandoned;

(e) Date the service(s) will be abandoned;

(f) If applicable, a statement whether customers of the services(s) to be abandoned will be converted to different service(s) offered by the exiting provider, and if so, what customers must do to be converted to the different service(s);

(g) If applicable, a statement that all customers will be automatically transferred to a specified receiving provider unless they disconnect or obtain service from another provider. The exiting provider must identify the receiving provider to which customers will be transferred;

(h) If the exiting provider intends to transfer customers to a specified receiving competitive provider and the receiving competitive provider will not accept all customers, a statement that customers may or will lose their service unless they obtain services from a provider of their choice. The exiting provider must provide reasonable means for each customer to determine whether he or she will be accepted by the receiving competitive provider;

(i) If applicable, a statement that service will be abandoned and that customers must obtain the service(s) to be abandoned from another provider;

(j) An explanation of how customers may receive a refund of payments or deposits for service they will not receive because of the abandonment; and

(k) An electronic document containing the notice in a format suitable for posting on the Commission website. The Commission will post such notification within two business days of receipt from the exiting carrier.

(6) In addition to other notifications required by this rule, the following notifications are also required at the same time the exiting provider files notice with the Commission. Notifications here required shall include the information required by section (5) of this rule plus the information specified in subsections (6)(a) or (6)(b) of this rule.

(a) An exiting provider that intends to abandon any service which allows access to the emergency 9-1-1 reporting system shall:

(A) Mail notification to Oregon Emergency Management, which notification shall include the number of customers affected by the proposed abandonment of service;

(B) Provide access to its customer records in the Enhanced 9-1-1 database(s), so that other telecommunications providers can update those customer records; and

(C) Send a letter to the appropriate Enhanced 9-1-1 database provider(s), with copies to the incumbent local exchange carrier(s), the Commission and Oregon Emergency Management, authorizing the Enhanced 9-1-1 database provider(s) to allow access by other telecommunications providers to any remaining Enhanced 9-1-1 database records belonging to the exiting provider, after the exiting provider has abandoned the service.

(b) An exiting provider that intends to abandon service so that it will no longer use a central office code or a thousands block of numbers (i.e., an NXX or an NXX-X) shall notify the North American Numbering Plan Administrator and the national administrator of the Local Exchange Routing Guide.

(7) A telecommunications utility that intends to abandon any regulated service, whether throughout its service territory or in limited geographic areas, for which there are current customers, shall:

(a) Petition the Commission for authority to abandon the service. The petition shall be filed at least 90 days before the telecommunications utility intends to abandon the service. If the Commission does not deny the petition or set it for hearing within 90 days after receiving the petition, it shall be deemed approved;

(b) Mail a notification to each affected customer and to each telecommunication provider affected by the proposed abandonment at the same time it files the petition with the Commission. The notification shall include the information required by section (5) of this rule. In addition, the notification shall include a statement that upon request from affected customers or providers the Commission may, but is not required to, deny the petition or set it for hearing;

(c) File with the Commission a copy of the notification at the same time it mails the notification and files the petition. In addition, the telecommunications utility shall inform the Commission of the number of customers and the number of other providers affected by the proposed abandonment;

(d) Demonstrate that the abandonment will not deprive the public of necessary telecommunications services. The telecommunications utility shall reinstate service at the Commission’s request to prevent the public from being deprived of necessary services; and

(e) Obtain Commission approval before transferring customers to other telecommunications providers. If the telecommunications utility seeks such approval, it shall include in the petition to abandon service a request for approval to automatically transfer customers.

(8) A telecommunications utility may request to abandon a regulated service for which there are no current customers by filing a tariff change which deletes the regulated service along with a cover letter or advice letter which clearly and explicitly discloses which regulated service the telecommunications utility proposes to abandon.

(9) A telecommunications utility that intends to abandon any exempt service, whether throughout its service territory or in limited geographic areas, for which there are current customers, shall comply with the following:

(a) At least 90 days before abandoning the service the telecommunications utility shall mail to each affected customer and to each telecommunication provider affected by the proposed abandonment, a notification of its intent to abandon the service. The notification shall include information required by section (5) of this rule;

(b) At the time the telecommunication utility mails notification to affected customers, it shall file a copy of the notification with the Commission. In addition, the telecommunications utility shall inform the Commission of the number of customers and the number of other providers affected by the proposed abandonment; and

(c) The telecommunications utility may, after complying with subsections (9)(a) and (9)(b) of this rule and subject to section (12) of this rule, transfer customers of its exempt service to another telecommunications provider, including an affiliated provider, without requiring affirmative approval from affected customers.

(10) A telecommunications cooperative that intends to abandon any through service, whether throughout its service territory or in limited geographic areas, shall:

(a) Petition the Commission for authority to abandon the service. The petition shall be filed at least 90 days before the telecommunications cooperative intends to abandon the service. If the Commission does not deny the petition or set it for hearing within 90 days after receiving the petition, it shall be deemed approved;

(c) File with the Commission a copy of the notification at the same time it mails the notification and files the petition. In addition, the telecommunications cooperative shall inform the Commission of the number of customers and the number of other providers affected by the proposed abandonment;

(d) Demonstrate that the abandonment will not deprive customers of necessary telecommunications services. The telecommunications cooperative shall reinstate service at the Commission’s request to prevent customers from being deprived of necessary services; and

(e) Obtain Commission approval before transferring customers to other telecommunications providers. If the telecommunications cooperative seeks such approval, it shall include in the petition to abandon service a request for approval to automatically transfer customers.

(11) A competitive provider that intends to abandon any or all services, whether throughout its service territory or in limited geographic areas, for which there are current customers, shall comply with the following:

(a) At least 90 days before abandoning service the competitive provider shall mail to each affected customer, and to each telecommunications provider affected by the proposed abandonment, a notification of its intent to abandon the service(s). The notification shall include information required by section (5) of this rule;

(b) At the time it mails notification to affected customers, the competitive provider shall file a copy of the notification with the Commission. In addition, the competitive provider shall inform the Commission of the number of customers and the number of other providers affected by the proposed abandonment; and

(c) The competitive provider may, after complying with subsections (11)(a) and (11)(b) of this rule and subject to sections (12) and (13) of this rule, transfer customers to another telecommunications provider, including an affiliated company, without requiring affirmative approval from affected customers.

(12) Notwithstanding OAR 860-021-0009 or 860-034-0030, an exiting provider may transfer customers of an abandoned service to a receiving telecommunications utility without the customers applying to the receiving telecommunications utility for service only under all the conditions listed below. The exiting provider may be an affiliate of the receiving telecommunications utility:

(a) The receiving telecommunications utility must enter into a written agreement with the exiting provider to accept all the exiting provider’s customers with service locations within the receiving telecommunications utility’s local exchange service area;

(b) The exiting provider must provide at least a 90 day notice to its customers that it intends to abandon service, as provided in section (11) of this rule;

(A) Customers are notified that they may apply to another telecommunications provider for the service which is being abandoned; and

(B) Customers are notified that if they do not act to obtain service from another telecommunications provider, then the exiting provider will automatically transfer them to the receiving telecommunications utility for the service which is being abandoned.

(d) Customers may be automatically transferred to a receiving telecommunications utility only if their service location is within that utility’s local exchange service area;

(e) The receiving telecommunications utility shall accept all customers of the exiting provider who are automatically transferred and shall provide to those customers the service being abandoned; and

(f) After the transferred customers become customers of the receiving telecommunications utility, they shall be treated equally as similarly situated customers.

(13) When an exiting provider fails to provide to its customers adequate notice that it intends to abandon service, as provided in section (11) of this rule, and when the exiting provider is either reselling finished, regulated, intraexchange services of a telecommunications utility, or the exiting provider is selling combinations of unbundled network elements equivalent to a finished, regulated, intraexchange service furnished by the telecommunications utility, the following conditions apply:

(a) Notwithstanding OAR 860-021-0009 or 860-034-0030, the underlying telecommunications utility may, at its option, continue providing service to the exiting provider’s customers, for not more than 45 calendar days from the starting date, without those customers first applying for service from the telecommunications utility. For purposes of this section (13) of this rule, those customers shall be defined as potential applicants for service from the telecommunications utility; and

(b) If the telecommunications utility chooses to continue service to the potential applicants, the following apply:

(A) The telecommunications utility shall apply the same procedures to all potential applicants;

(B) The telecommunications utility shall accept and process applications pursuant to administrative rules in chapter 860, division 021 or chapter 860, division 034;

(C) If an application is accepted, then the telecommunications utility may charge the applicant, who is now a customer of the telecommunications utility, for service provided as of the starting date;

(D) If an application is rejected, then the telecommunications utility shall disconnect the applicant’s service; and

(E) If a potential applicant does not apply for service within 45 days from the starting date, then telecommunications utility shall disconnect service immediately. For good and sufficient reason, the Commission may grant the telecommunications utility an extension of this time period.

(14) If an exiting provider abandons service, with or without adequate notice to its customers, a telecommunications utility or a competitive provider may not have resources or facilities in place sufficient to accept and serve all customers whose service is being abandoned. Upon application from those customers for service, the telecommunications utility shall provide service to them as soon as possible. However, under the circumstances described in this section (14) of this rule, the Commission’s intent is that a telecommunications utility or competitive provider not be penalized for failing to meet the applicable standards for held orders set forth in OARs 860-023-0055, 860-032-0012, or 860-034-0390. Therefore, in cases where an exiting provider abandons service, the telecommunications provider that intends to provide service may petition the Commission for relief from requirements of applicable Commission rules.

(15) The following provisions apply when a telecommunications utility grandfathers a regulated service or a telecommunications cooperative grandfathers a through service:

(a) Grandfathering a service without a sunset date is not considered abandonment of service.

(b) If a telecommunications utility intends to grandfather a regulated service, without a sunset date, whether throughout its service territory or in limited geographic areas, it shall file a tariff which designates the service as grandfathered. Normal tariff filing and review requirements applicable to the telecommunications utility and the grandfathered service apply.

(c) When a telecommunications utility intends to grandfather any regulated or exempt service, with a sunset date, whether throughout its service territory or in limited geographic areas, that grandfathering shall be considered abandonment of service subject to this rule.

(d) If a telecommunications cooperative intends to grandfather a through service, without a sunset date, whether throughout its service territory or in limited geographic areas, it shall petition the Commission for authority to grandfather the through service. If the Commission does not deny the petition or set it for hearing within 60 days after receiving the petition, it shall be deemed approved.

(e) When a telecommunications cooperative intends to grandfather a through service, with a sunset date, whether throughout its service territory or in limited geographic areas, then that grandfathering shall be considered abandonment of service subject to this rule.

(16) For good and sufficient reason, the Commission may grant a petition to waive any time period or requirement in this rule.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020, 759.035 & 759.050
PUC 1-2003, f. & cert. ef. 2-12-03
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)

Or. Admin. R. 860-032-0023 Price List Petitions

(1) When submitting a petition for price listing pursuant to ORS 759.195, the telecommunications utility shall submit a list of the services deemed to be essential and a list of the remaining services. The telecommunications utility shall provide the following information:

(a) A description of each price-listed service; and

(b) Any proposed maximum price to be charged for the price-listed service and the basis upon which this price has been established.

(2) The petition shall demonstrate that the following conditions have been met:

(a) Pricing flexibility is reasonably necessary to enable the telecommunications utility to respond to current and future competitive conditions for any or all telecommunications services;

(b) Pricing flexibility will maintain the appropriate balance between the need for price flexibility and the protection of customers and applicants;

(d) Pricing flexibility is unlikely to cause any undue harm to any customer class; and

(e) The rate for the service is not lower than the long-run incremental cost of providing the service.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.030 & 759.190
PUC 15-2001, f. & cert. ef. 6-21-01, Renumbered from 860-032-0210
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 18-1988, f. & cert. ef. 12-29-88 (Order No. 88-1522)

Or. Admin. R. 860-032-0025 Petition to Exempt Services from Regulation

(1) Upon petition by a telecommunications utility and upon notice and hearing, except as provided in section (7) of this rule, the Commission shall exempt a service from regulation in whole or in part, if the Commission finds price and service competition exists.

(2) Upon petition by any person, including a telecommunications utility, and upon notice and hearing, except as provided in section (7) of this rule, the Commission may exempt a service from regulation in whole or in part, if the Commission finds:

(a) Price or service competition exists;

(b) The service is subject to competition; or

(3) Prior to making a finding under sections (1) or (2) of this rule, the Commission shall consider:

(a) The extent to which services are available from alternative telecommunications providers in the relevant market;

(b) The extent to which the services of alternative telecommunications providers are functionally equivalent or substitutable at comparable rates, terms, and conditions;

(d) Any other factors deemed relevant by the Commission.

(4) Petitions filed under sections (1) and (2) of this rule shall contain:

(a) The petitioner’s name and address;

(b) A copy of the petitioner’s certificate of authority, if any;

(d) Documentation which demonstrates the petition meets the requirements in sections (1), (2), and (3) of this rule;

(e) The telecommunications utility’s revenues from and costs of providing the service, the long-range incremental cost of the service, the cost allocation to regulated and unregulated activities for future rate-making treatment, and supporting documentation. The information submitted under this paragraph may be submitted in confidence;

(f) A statement from each joint telecommunications provider of the service that it agrees to the exemption; or

(g) A statement from the petitioner indicating how the exemption will affect the rates and services of all affected joint telecommunications providers of the service.

(5) The Commission may attach reasonable conditions to an exemption granted under this rule and may amend or revoke any such order under ORS 756.568.

(6) Except as provided in section (7) of this rule, after notice and hearing, and upon a finding that the circumstances under which the service was exempted no longer exists or the public interest requires reregulation of the service, the Commission may reregulate a service which has been exempted under this rule.

(7) If no objections are filed to proposals under sections (1), (2), or (6) of this rule, or with agreement of the parties, the Commission may waive the requirement for hearing.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.030
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)

Or. Admin. R. 860-032-0035 Petition to Price List Telecommunications Utility Services

(1) Pursuant to ORS 759.054, a telecommunications utility may petition the Commission to price list a service. The petition shall contain the following information:

(a) The name of the petitioner;

(b) A description of the proposed price-listed service, including the initial price list with the proposed terms and prices of the service;

(c) Documentation and information to support findings the Commission must make and the criteria the Commission must consider as set forth in sections (4), (5), and (6) of this rule; and

(d) A statement from:

(A) Each joint telecommunications provider of the service that it agrees to the price list; or

(B) The petitioner indicating how the price list will affect the rates and services of all joint telecommunications providers of the service.

(2) A telecommunications utility seeking to price list a service shall identify other telecommunications providers who provide the service in the same geographic area as does the petitioner.

(3) After notice and investigation, the Commission may, by order, grant a petition to price list a service.

(4) The petition to price list a telecommunications service may be granted, subject to reasonable conditions, if the Commission finds:

(a) The service is subject to competition; or

(b) The service is not essential.

(5) Before finding that a service is subject to competition, the Commission shall consider:

(a) The extent to which services are available from alternative telecommunications providers in the relevant market;

(b) The extent to which the services of alternative providers are functionally equivalent or substitutable at comparable rates, terms, and conditions;

(d) Any other factors deemed relevant by the Commission.

(6) Before finding that a telecommunications service is "not essential," for purposes of ORS 759.054 and section (4)(b) of this rule, the Commission will apply the following criteria:

(a) There is a rebuttable presumption that a service listed in OAR 860-032-0200 is also essential for purposes of ORS 759.054 and this rule;

(b) A service required for emergency 9-1-1 calls is essential;

(c) A service is essential if customers require it to efficiently establish, sustain, or discontinue a telecommunications call by means of the public switched network;

(d) A service may be deemed "not essential” only if it is not essential for all customer classes. If a service is found to be essential for one customer class, it shall be considered an essential service, and it shall not be deemed "not essential." Customers include end-users, telecommunications providers, enhanced service providers, and radio common carriers;

(e) If the Commission determines that a service is "not essential," it will be deemed not essential for all areas in Oregon served by the petitioner;

(f) Presence of alternatives to the service will be considered. The presence or absence of alternatives, in and of itself, is not sufficient to determine whether a service is essential;

(g) For telecommunications utilities certified prior to January 1, 1999, there is a rebuttable presumption that a telecommunications service which is first offered after January 1, 1999, is not essential;

(h) For any person certified as a telecommunications utility after January 1, 1999, all services proposed to be offered initially shall be deemed essential. However, the telecommunications utility may, with the application for a certificate of authority or thereafter, petition under this rule to price list some or all of its telecommunications services.

(i) A service is not new if it merely renames, repackages, or is a variation of an existing service; and

(j) There is a rebuttable presumption that a package of telecommunications services is not essential, provided each service within the package is readily available to customers on a separate basis.

(7) The rate set for a price listed service shall not be lower than the long-run incremental cost of providing the service.

(8) The rate set for a package of services must be equal to or greater than the tariffed rate(s) for the essential service(s) plus the long-run incremental cost(s) of the "not essential" service(s) in the package.

(9) Unless the Commission finds the petition is contrary to the public interest, a petition to price list a service shall be granted, subject to reasonable conditions.

(10) After notice and investigation, the Commission may amend or revoke an order price listing a service. The Commission may take such an action upon a finding that the circumstances under which the service was price listed no longer exist, or that the public interest requires that the telecommunications utility’s authority to price list a service be changed.

(11) If the Commission authorizes a telecommunications utility to price list a service, the telecommunications utility shall file a price list consistent with the terms of the order. The telecommunications utility may revise the price list by filing revisions with the Commission. Unless otherwise required by the Commission, a price list shall be effective on the date specified by the telecommunications utility. The price list may be effective immediately on filing with the Commission. The procedures in ORS 759.180 to 759.190 do not apply to filing or revising a price list.

(12) The Commission may at any time order a telecommunications utility to appear before the Commission and establish that any or all of its price listed service rates or terms and conditions are just, reasonable, nondiscriminatory, and in the public interest. After hearing, the Commission may order the telecommunications utility to change the terms and condition or rates of its price listed services. The telecommunications utility may not thereafter change any terms and conditions or rates of price listed services contrary to the terms of the Commission order without approval by the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.054, 759.190 & 759.195
PUC 8-2019, minor correction filed 11/08/2019, effective 11/08/2019
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 77-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)

Or. Admin. R. 860-032-0040 Subsidies for Telecommunications Service

(1) Before determining the need for or the sources of a subsidy to telecommunications providers, the Commission shall investigate and hold hearings. The Commission shall consider:

(a) The need to secure and maintain high-quality universal telecommunications service at just and reasonable rates for all customer classes;

(b) The need to encourage innovation through a balanced program of regulation and competition; and

(2) Any person may petition the Commission to require telecommunications providers to subsidize services provided by a telecommunications utility.

(3) The Commission shall, by order, identify the revenue source of any fund needed to provide the subsidy and prescribe the manner of collection and distribution of the fund.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.015 & 759.030
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)

Or. Admin. R. 860-032-0045 Petitions for Alternative Access by Customers of Shared Telecommunications Service Providers

(1) Any person whose only access to local exchange telecommunications service is a shared service provider may petition the Commission for an order requiring the shared service provider to make available to the petitioner alternative facilities or conduit space at reasonable terms, conditions, and prices for the purpose of establishing alternative access to local exchange telecommunications service.

(2) The petition shall include:

(a) The name and address of the petitioner;

(b) The name and address of the shared service provider;

(d) The petitioner’s statement indicating a willingness to pay a reasonable fee to the shared service provider for alternative access.

(3) The shared service provider shall establish one or more points of interconnection to provide alternative access as a result of a petition under this rule. A point of interconnection is a location where facilities of the shared service provider may be connected to the facilities of a telecommunications utility or competitive telecommunications provider. The Commission will determine appropriate points of interconnection as necessary in the course of considering a petition for alternative access.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.030
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 13-1998, f. & cert. ef. 7-7-98
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)

Or. Admin. R. 860-032-0050 Petition for a Declaratory Ruling that a Service Is Not Subject to Regulation

Any person may file a petition requesting a ruling whether a service is subject to regulation by the Commission. The petition shall contain the following information:

(1) The petitioner’s name, address, and telephone number;

(2) A detailed description of the service on which the ruling is requested;

(3) The legal basis under which the petitioner contends that the service is, or is not, subject to regulation, including citations to relevant state and federal statutes, court decisions, or orders of the Federal Communications Commission or the Commission;

(4) The names and addresses of any joint telecommunications providers of the service; and

(5) The rate schedules or price lists affected.

History

Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS 756.040 & 756.450
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)

Or. Admin. R. 860-032-0060 Reporting Requirements for Telecommunications Providers

The purpose of this rule is to provide the Commission with accurate information in order to carry out the Legislative policy of ORS 759.015.

(1) The books and records of all telecommunications providers shall be open to the Commission and subject to audit to the extent needed to verify required reports.

(2) Annual report — form and filing date:

(a) Competitive providers — On forms provided by the Commission, each competitive provider, including shared service providers, shall submit an annual report on or before April 1, containing data required by section (3) of this rule related to its operations for the preceding calendar year.

(b) Telecommunications utilities — Telecommunications utilities shall submit annual reports as required by OARs 860-027-0070 or 860-034-0395.

(c) Cooperatives — Cooperatives shall submit annual reports as required by OAR 860-034-0750. Each cooperative that does not file an annual report pursuant to OAR 860-034-0750 shall submit an annual report on or before April 1, on forms provided by the Commission, containing data required by section (3) of this rule related to its operations for the preceding calendar year.

(3) Annual report — contents:

(a) Exact legal business name, street address, and mailing address; and

(A) Name, address, telephone number, electronic mail address, and title of the person who is the regulatory contact for the Commission and its staff; and

(B) Name, address, telephone number, electronic mail address, and title of the person who prepared the annual report, if different than the regulatory contact;

(b) Other names used in Oregon, including Assumed Business Names, "Doing Business As" names, and "Also Known As" names;

(d) Interests, as defined by OAR 860-032-0001(1), which are affiliated with the telecommunications provider and which are authorized to provide service, or are actually providing service, in Oregon;

(e) Areas in Oregon served;

(f) Types of telecommunications services provided;

(g) How the services are provided, whether by resale, the telecommunications provider's own facilities, use of building blocks (unbundled network elements), or a combination of the above; and

(h) As applicable: number of customers, number of lines, originating intrastate and interstate (toll) minutes, percent of intrastate toll minutes, percent of interstate toll minutes, and revenue from Oregon operations.

(4) If the Commission receives a public records request for information submitted pursuant to subsection (3)(h) of this rule, the Commission shall assert that, subject to the limitations of the Public Records Law, the materials are trade secrets and, therefore, exempt from disclosure. The material shall be marked "EXEMPT FROM PUBLIC DISCLOSURE AS TRADE SECRETS." Subject to the applicable requirements of the Public Records Law or ORS 759.060, access to this material shall be limited to Commissioners, their Counsel, and Commission staff. The materials shall be segregated and maintained in a locked file.

History

Statutory/Other Authority: ORS 183, 192, 756 & 759
Statutes/Other Implemented: ORS 756.040, 756.105, 759.020 & 759.060
PUC 2-2017, f. & cert. ef. 2-7-17
PUC 26-2001, f. & cert. ef. 11-5-01
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 17-1988, f. & cert. ef. 11-15-88 (Order No. 88-1306)

Or. Admin. R. 860-032-0070 Confidential Information Submitted by Local Exchange Telecommunications Utilities and Cooperatives

(1) Except as provided in section (2) of this rule, the following information, submitted or filed with the Commission by a local exchange telecommunications utility or cooperative, in any form including magnetic, electronic, and paper media, is exempt from disclosure because the Commission has determined that such information could potentially be used to the competitive disadvantage of the telecommunications utility or cooperative:

(a) Company-specific cost studies and traffic studies and Form I, except the income statement and the rate base summary of that form;

(b) Detailed company-specific and service-specific information;

(A) Annual charge factors;

(B) Demand data, including minutes of use; and

(d) Company-specific cost and price data related to unregulated services;

(e) Income tax returns and supporting information;

(f) Affiliated companies’ financial results of operations, including pricing information, that are not otherwise available to the public;

(g) Customer opinion surveys that are company-specific or that have been purchased by a telecommunications utility or cooperative;

(h) Market studies and plans that are company-specific or that have been purchased by a telecommunications utility or cooperative;

(i) Bid, vendor, or contract information, including affiliated interest contracts, that contains specific cost and price information; and

(j) Facility maps, engineering diagrams, and other technical information describing the network, system, and facilities of a telecommunications utility or cooperative.

(2) The Commission may determine, on a case-by-case basis, whether information of a type not listed in section (1) of this rule, submitted or filed with the Commission by a local exchange telecommunications utility or cooperative, in any form including magnetic, electronic, and paper media, is exempt from disclosure if such information could potentially be used to the competitive disadvantage of the telecommunications utility or cooperative.

(3) Except as provided in section (4) of this rule, the following information, submitted or filed with the Commission by a local exchange telecommunications utility or cooperative, in any form, including magnetic, electronic, and paper media, is exempt from disclosure because the Commission has determined that such information concerns matters of a personal nature to an employee or stockholder of the utility or an employee or member of the cooperative: Information exempt from disclosure under ORS 192.502(2).

(4) The Commission may determine, on a case-by-case basis, whether information of a type not listed in section (1), submitted or filed with the Commission by a local exchange telecommunications utility or cooperative, in any form including magnetic, electronic, and paper media, is exempt from disclosure if such information concerns matters of a personal nature to an employee or stockholder of the utility or an employee or member of the cooperative.

History

Statutory/Other Authority: ORS 183, 192, 756 & 759
Statutes/Other Implemented: ORS 756.040
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 2-1997, f & ef. 1-7-97

Or. Admin. R. 860-032-0080 Definition of Gross Retail Intrastate Revenue for Purposes of Annual Fees Payable to the Commission by a Telecommunications Provider

"Gross retail intrastate revenue" means the total amount derived from intrastate retail service. Gross revenue, as defined by generally accepted accounting principles (GAAP) is the total amount of sales recognized for a reporting period. prior to any deductions. Revenues are to be recognized on the income statement in the period when realized and earned-not necessarily when cash is received. Gross retail intrastate revenues shall be accrued in accordance with generally accepted accounting principles during the calendar year. For purposes of determining the annual fees payable to the Commission by telecommunications providers under OARs 860-021-0036, 860-032-0095, and 860-034-0095:

(1) "Gross retail intrastate revenue" includes all billable revenue earned from a final customer for the following services: Centrex; directory and operator services including yellow pages; extended area service; features and advanced services including custom calling, vertical service, custom local area signaling service, market expansion lines, remote call forwarding, toll restriction, and voice messaging; interexchange and long distance services when the call or signal originates and terminates in Oregon; and local service including subscriber line charge and universal service fund (USF) distributions from the federal USF, Oregon USF, and Residential Service Protection Fund.

(2) "Gross retail intrastate revenue" excludes revenue from the following services: carrier billing and collection; carrier access; interstate interexchange and long distance services; internet service; payphone service sold to an end user; installation, maintenance, repair, lease rental, or sale of telecommunications equipment; and when provided by a radio common carrier: cellular, personal communications systems (PCS), radio paging, or other radio communications services.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.310
PUC 9-2022, amend filed 09/29/2022, effective 09/29/2022
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 13-1999, f. & cert. ef. 12-7-99

Or. Admin. R. 860-032-0090 Allocation of Revenues by a Telecommunications Provider

(1) Each telecommunications provider shall allocate total Oregon revenues between gross retail intrastate revenues from telecommunications services and other revenues for each subject year.

(2) Each telecommunications provider shall maintain its records in sufficient detail to readily provide gross retail intrastate revenue from Oregon telecommunications services for each subject year.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.310
PUC 13-1999, f. & cert. ef. 12-7-99

Or. Admin. R. 860-032-0095 Annual Fees Payable to the Commission by a Competitive Provider

(1) On statement forms prescribed by the Commission, each competitive provider must provide the requested information for the subject year.

(2) Each competitive provider must pay to the Commission an annual fee on gross retail intrastate revenue derived within Oregon at a rate determined by Commission orders entered on or before November 1 of each year:

(a) A minimum annual fee of $100. The annual fee is due on or before April 1 of the year after the calendar year on which the annual fee is based. The annual fee rate will not exceed the rate authorized in ORS 756.310of the gross retail intrastate revenue during the calendar year on which the annual fee is based.

(b) A late statement fee in accordance with OAR 860-011-0110, if the Commission has not received the competitive provider's statement form, completed in compliance with section (1) of this rule, on or before 5 p.m. Pacific Time on the fifth business day following the due date.

(d) A service fee in accordance with OAR 860-011-0110 for each payment returned for non-sufficient funds.

(e) All costs incurred by the Commission to collect a past-due annual fee from the competitive provider.

(4) Each competitive provider must:

(a) Collect the annual fee by charging an equitable amount to each retail customer, using apportionment methods that are consistently applied by the competitive provider through Oregon, and

(b) Describe the amount of the apportioned charge upon each retail customer's bill.

(5) Each competitive provider must:

(a) Maintain its records in sufficient detail to readily provide gross retail intrastate revenue from Oregon telecommunications services, as defined in OAR 860-032-0080;

(b) Follow the revenue allocation procedures in OAR 860-032-0090; and

(c) Make its revenue accounting records available to the Commission upon the Commission's request. A competitive provider must keep all records supporting each statement form for three (3) years, or until a Commission review or audit is complete, whichever is later.

(6) For any year in which a competitive provider's statement form was due, the Commission may audit the competitive provider as the Commission deems necessary and practicable:

(a) The Commission's audit must begin no later than three years after the statement form's due date. However, if the competitive provider failed to obtain a certificate of authority, an audit may occur at any time.

(b) If the Commission determines that the competitive provider has underreported its subject revenues, the Commission may assess an additional annual fee, along with a penalty fee for failure to pay under ORS 756.350.

(c) If the Commission determines that the competitive provider has overpaid its annual fee, the Commission may, at is discretion, recompense the competitive provider with a refund or a credit against annual fees subsequently due.

(7) If the Commission receives a public record request for the confidential information required by this rule, the Commission may assert that, subject to the limitations of the Public Records Law, the materials are trade secrets and, therefore, exempt from disclosure.

(8) A cooperative that is a competitive provider must pay an annual fee only on the gross retail intrastate revenue from telecommunications services that are provided under the cooperative's ORS 759.020 certificate of authority. A cooperative should not pay an annual fee on revenue from telecommunications services that are provided under the cooperative's 759.025 certificate of authority.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.310, ORS 756.320 & ORS 756.350
PUC 7-2024, amend filed 11/27/2024, effective 11/27/2024
PUC 2-2024, temporary amend filed 02/08/2024, effective 02/08/2024 through 08/05/2024
PUC 7-2015, f. & cert. ef. 9-8-15
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 20-2003, f. & cert. ef. 11-14-03
PUC 8-2003, f. & cert. ef. 4-28-03
PUC 13-1999, f. & cert. ef. 12-7-99

Or. Admin. R. 860-032-0097 Estimated Annual Fees Payable to the Commission

(1) For any year in which a competitive provider fails to file a completed statement form, the Commission may determine a proposed annual fee based upon any information available to the Commission. The proposed annual fee must:

(a) Include a penalty fee for failure to pay as required by ORS 756.350;

(b) Include a late statement fee in accordance with OAR 860-011-0080; and

(c) Be made no later than three (3) years after the statement form’s due date. However, if the competitive provider failed to obtain a certificate of authority, an audit may occur at any time.

(2) The Commission must provide written notice of the proposed annual fee to the competitive provider.

(3) Within 30 days after service of the notice of proposed annual fee, the competitive provider may file a petition with the Commission for a hearing. In its petition, the competitive provider must specify its reasons for disputing the proposed annual fee. The Commission may conduct a hearing on the petition under its rules governing hearings and proceedings.

(4) If the competitive provider has not filed a petition by the end of the 30-day period, the proposed annual fee is due and payable.

(5) During the 30-day period allowed for filing a petition, the competitive provider may file its completed statement form and pay the annual fee, penalties, and late statement fee. The Commission will accept the statement form, fees, and penalties in accordance with the original due date for that year’s statement form and payment.

History

Statutory/Other Authority: ORS 183, 192, 756 & 759
Statutes/Other Implemented: ORS 756.040, 756.310, 756.320 & 756.350
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 20-2003, f. & cert. ef. 11-14-03
PUC 8-2003, f. & cert. ef. 4-28-03

Or. Admin. R. 860-032-0100 Collective Consideration of Oregon Intrastate Rate, Tariff, or Service Proposals

(1) Local exchange telecommunications utilities, unincorporated associations, and cooperative corporations may become members of the Oregon Exchange Carrier Association, Inc. The Association’s rules of procedure shall be subject to approval by the Commission. The Association’s rules of procedure shall provide for joint or collective consideration of proposals for changes in intrastate rates, tariffs, or conditions of service. The Association may file petitions and publish tariffs and may represent its members before the Commission. Membership in the Association by a local exchange telecommunications utility providing toll service shall be subject to approval by the Commission.

(2) All telecommunications rates, fares, charges, classifications, rules, and regulations governing the practices and services of local exchange telecommunications utilities, unincorporated associations, and cooperative corporations who are subject to ORS 759.225 shall be filed with the Commission. Changes in all tariffs shall be submitted to the Commission subject to all the procedural requirements and protections presently associated with utility filings before the Commission.

(3) The Association shall not discourage independent proposals of members to be filed directly with the Commission, nor oppose at hearings any independent proposal of a member or nonmember telecommunications provider.

(4) The Commission has the authority to supervise the activities of the Association. However, such supervision and advice shall not compromise the independent evaluation of any proposal that must be submitted to the Commission for final approval.

(5) To the extent that the Association is involved in the collection and redistribution of funds pursuant to Commission orders authorizing certain revenue sharing arrangements under common tariff, the Association shall maintain and provide to the Commission, in a timely manner, monthly and annual financial reports. These reports shall include:

(a) Budgetary estimates and forecasts for the fund administrator and all fund collections and distributions to each member local exchange carrier and the basis upon which the collection and distribution are budgeted;

(b) Actual expenditures of the fund administrator;

(c) Actual fund collections and distributions to each member local exchange carrier and the bases upon which the collection and distribution are made; and

(d) Budget-to-actual tracking reports for the fund administrator and for fund collections and distributions for each member local exchange carrier.

(6) Activities taken pursuant to this rule are deemed to be an integral and necessary part of state regulation of telecommunications service in Oregon and are in the public interest.

(7) The Association shall adopt rules to provide for broad participation by its members, interested persons, and nonmember telecommunications providers in its deliberations. The rules shall provide procedures for notifying members and other persons of Association meetings and for providing meeting agendas to such persons.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040 & 759.225
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 2-1998, f. & cert. ef. 2-24-98
PUC 7-1987, f. & ef. 9-16-87 (Order No. 87-955)
PUC 19-1986(Temp), f. & ef. 12-15-86 (Order No. 86-1253)

Or. Admin. R. 860-032-0190 Definition of Basic Telephone Service

(1) Purpose of rule. This rule defines the term "basic telephone service" pursuant to Ch. 1093, Laws of 1999 (SB 622), Section 23(1), as the term is used in Ch. 1093, Laws of 1999 (SB 622), Sections 23 through 38.

(2) "Basic telephone service" means retail telecommunications service that is single party, has voice grade or equivalent transmission parameters and tone-dialing capability, provides local exchange calling, and gives customers access to but does not include:

(a) Extended area service (EAS);

(b) Long distance service;

(d) Operator service such as call completion assistance, special billing arrangements, service and trouble assistance, and billing inquiry;

(e) Directory assistance; and

(f) Emergency 9-1-1 service, including E-9-1-1 where available.

(3) The following are classified as basic telephone service, whether sold separately or in a package:

(a) Residential single party flat rate local exchange service;

(b) Business single party flat rate local exchange service, also known as "simple" business service;

(d) Business single party measured local exchange service, including local exchange usage;

(e) Private branch exchange (PBX) trunk service;

(f) Multiline or "complex" business service; and

(g) Public access line (PAL) service.

(4) Services that are not considered basic telephone service include but are not limited to the following:

(a) Integrated Services Digital Network (ISDN) service;

(b) Digital subscriber line service, also known as xDSL service;

(d) Centrex-type service;

(e) Private line or dedicated point-to-point service;

(f) Packet switched service;

(g) Foreign exchange service;

(h) Multiparty service, such as two-party and four-party suburban service; and

(i) Custom calling features, such as call waiting and caller ID.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.005 & 759.400
PUC 15-2001, f. & cert. ef. 6-21-01, Renumbered from 860-032-0260
PUC 11-2000, f. & cert. ef. 5-31-00
PUC 15-1999(Temp), f. 12-15-99, cert. ef. 12-30-99 thru 6-26-00

Or. Admin. R. 860-032-0200 Essential Services

(1) For purposes of ORS 759.195, a local exchange service is essential if customers require it to efficiently establish, sustain, or discontinue a telecommunications service by means of the public network. The public network is comprised of a system of interconnected telecommunications channels held out by a local exchange carrier for use by the general public.

(2) A local exchange service is essential if the service is essential for one or more local customer classes.

(3) If essential and potentially price-listed services are packaged together, the entire package is eligible to be considered for price listing if each essential service in the package is readily available to customers on a separate basis and the package price is equal to or greater than the tariffed rate(s) for the essential service(s) plus the long-run incremental cost(s) of the price-listed service(s).

(4) Any new service is presumed to be potentially price listed until the Commission determines otherwise. A service is not new if it merely repackages or renames an existing service.

(5) A service can only be discontinued pursuant to OAR 860-032-0020, whether the service is essential or potentially price listed.

(6) The following are essential services:

(a) Residential Flat;

(b) Residential Measured;

(d) Suburban;

(e) Farmer Line;

(f) Business Simple;

(g) Business Complex;

(h) Public Access Line;

(i) Tone Dialing (Touch Tone);

(j) Hunting;

(k) Direct Inward Dialing;

(l) Conditioning;

(m) Intercept Announcement and Referral;

(n) Directory Listing (White and Yellow Pages);

(o) Privacy Listing;

(p) Directory Assistance;

(q) Emergency (9-1-1);

(r) Switched Access Service; and

(s) Toll Restriction.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.1905
PUC 2-1999, f. & cert. ef. 8-10-99
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 1-1994, f. & cert. ef. 1-5-94 (Order No. 94-040)
PUC 18-1988, f. & cert. ef. 12-29-88 (Order No. 88-1522)

Or. Admin. R. 860-032-0220 Application for Service by Unserved Person

(1) Applications under ORS 759.590 for an order of the Commission directing another telecommunications utility to provide local exchange service to an unserved person shall contain the following information:

(a) The name, address (both a physical address to which service is requested and a mailing address), and telephone number (if any) of the applicant or unserved person.

(b) The name of the telecommunications utility in whose service territory the applicant is located, if known.

(c) The name of the telecommunications utility who is willing to provide local exchange service to the applicant, if any.

(d) Such information and supporting data needed for the Commission to make the findings described in ORS 759.595(1), including, if known:

(A) The line extension charges or other facilities installation charges estimated by the telecommunications utility in whose territory the applicant is located; and

(B) The line extension charges or other facilities installation charges estimated by the telecommunications utility from which the applicant seeks local exchange service.

(2) The application shall be signed by the applicant, or the applicant’s agent or attorney.

(3) An original and two copies of the application shall be filed with the Commission.

(4) The applicant shall mail or otherwise serve a copy of the application on the telecommunications utility in whose territory the applicant is located and the telecommunications utility from which the applicant seeks local exchange service.

(5) The Commission shall, upon request of the applicant or any telecommunications utility affected by granting the application, hold a hearing to determine whether the application should be granted. Also, the Commission may hold such a hearing on its own initiative.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.580, 759.585, 759.590 & 759.595
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 5-1993, f. & cert. ef. 2-19-93 (Order No. 93-184)

Or. Admin. R. 860-032-0230 Pay Telephones

(1) This rule does not apply to pay telephones located within inmate areas of jails, prisons, or similar institutions.

(2) A pay telephone must allow free access to emergency 9-1-1 and must not limit the duration of calls to 9-1-1.

(3) Unless the pay telephone is restricted to local calling:

(a) Access to all available alternative interLATA and intraLATA long distance carriers via l0XXX+0 dialing must be allowed where equal access exists, and

(b) In all areas access to all available alternative interLATA and intraLATA long distance carriers must be allowed via “800” and 950-XXXX numbers.

(4) Pay telephones must carry a label which includes:

(a) The owner and the number to call for reporting problems;

(b) Notification if the pay telephone provider has knowledge of extensions which enable eavesdropping on calls;

(d) Any toll or local calling time duration restrictions;

(e) Notification if the pay telephone will reject incoming calls;

(f) The presubscribed interLATA and intraLATA long distance carriers;

(g) Notification that this telephone provides access to all available long distance carriers; and

(h) Notice to dial 9-1-1 for emergencies.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.690
PUC 4-2000, f. & cert. ef. 2-9-00
PUC 10-1998, f. & cert. ef. 4-28-98
PUC 1-1994, f. & cert. ef. 1-5-94 (Order No. 94-040)

Or. Admin. R. 860-032-0410 Location of Underground Facilities

A telecommunications provider and its customers shall comply with requirements of OAR chapter 952 regarding the prevention of damage to underground facilities.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040 & 757.542 - 757.562
PUC 23-2001, f. and cert. ef. 10-11-01

Or. Admin. R. 860-032-0420 Construction, Safety, and Reporting Standards for Telecommunications Providers

A telecommunications provider shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.035
PUC 23-2001, f. & cert. ef. 10-11-01

Or. Admin. R. 860-032-0430 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities

Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 757.270 - 757.290 & 759.650 - 759.675
PUC 23-2001, f. & cert. ef. 10-11-01

Or. Admin. R. 860-032-0510 Customer Proprietary Network Information (CPNI)

(1) The purpose of this rule is to specify requirements under which telecommunications carriers may use, disclose, or permit access to customer proprietary network information. This rule does not relieve telecommunications carriers of any requirements imposed by the Federal Communications Commission (FCC) regarding Customer Proprietary Network Information in 47 Code of Federal Regulations (CFR), Part 64, §64.2001 through §64.2009, or by Section 222 of the Communications Act of 1934, as amended (47 USC 222).

(2) This rule applies to all telecommunications carriers providing intrastate telecommunications service in Oregon, except that it applies to telecommunications cooperatives only for services which are subject to the Commission’s jurisdiction pursuant to ORS 759.220 and 759.225.

(3) For purposes of this rule, the following definitions apply:

(a) "Aggregate customer proprietary network information" or "Aggregate CPNI" means collective CPNI data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.

(b) "Carrier" or "telecommunications carrier" means any provider of intrastate telecommunications service as defined in ORS 759.005(2). "Carrier" or "telecommunications carrier" includes competitive providers, telecommunications cooperatives, and telecommunications utilities

(d) "Customer proprietary network information" or "CPNI" means individual customer information that a carrier accumulates in the course of providing telecommunications service to the customer. CPNI includes information that relates to type, quantity, technical configuration, destination, location, billing amounts, and usage data. CPNI also includes information contained in bills pertaining to telecommunications service received by a customer, except that CPNI does not include subscriber list information.

(e) "Subscriber list information" means the listed names of subscribers of a carrier and those subscribers’ telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of establishment of service), or any combination of such listed names, numbers, addresses, or classifications.

(4) Except as required by law or with approval of the customer, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of telecommunications service shall only use, disclose, or permit access to CPNI in its provision of:

(a) The telecommunications service from which such information is derived; or

(b) Services necessary to, or used in, the provision of such telecommunications service, including publishing of directories and billing.

(5) A telecommunications carrier shall disclose CPNI, upon affirmative written request by the customer, to any person designated by the customer.

(6) A telecommunications carrier that obtains CPNI by virtue of its provision of a telecommunications service may use, disclose, or permit access to aggregate CPNI for any lawful purpose. However, a telecommunications carrier may use, disclose, or permit access to aggregate CPNI other than for purposes described in subsection (4) of this rule only if it provides such aggregate information to other carriers or persons on reasonable and nondiscriminatory terms and conditions, upon reasonable request therefor.

(7) Nothing in this rule prohibits a telecommunications carrier from using, disclosing, or permitting access to CPNI obtained from its customers, either directly or indirectly through its agents:

(a) To initiate, render, bill, or collect for telecommunications services;

(b) To protect the rights or property of the carrier, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or

(c) To provide any inbound telemarketing, referral, or administrative services to the customer for the duration of the call, if such call was initiated by the customer.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.015 & 759.030
PUC 3-2004, f. & cert. ef. 1-15-04

Or. Admin. R. 860-032-0520 Customer Service Records (CSRs)

(1) The purpose of this rule is to provide for an exchange of information, in order to ensure that a requesting Local Service Provider (LSP) has enough customer information from the current LSP, so a customer can migrate local exchange service from one LSP to another in a seamless and timely manner, without delays or unnecessary procedures. This rule does not relieve carriers of any requirements imposed by either the Federal Communications Commission (FCC) regarding Customer Proprietary Network Information in 47 Code of Federal Regulations (CFR), Part 64, §64.2001 through §64.2009, or by Section 222 of the Communications Act of 1934, as amended (47 USC 222).

(2) This rule:

(a) Applies to telecommunications carriers without an approved interconnection agreement with the requesting LSP that addresses requirements covered by this rule.

(b) Does not apply to telecommunication cooperatives.

(c) Does not apply to telecommunications carriers with an interconnection agreement with the requesting LSP, which is approved pursuant to OAR 860-016-0020 through 860-016-0030, that addresses requirements covered by this rule.

(3) For purposes of this rule, the following definitions apply:

(a) "Carrier" or "telecommunications carrier" means any provider of intrastate telecommunications service as defined in ORS 759.005(2). "Carrier" or "telecommunications carrier" includes competitive providers and telecommunications utilities.

(b) "Circuit ID" means circuit identification number of a loop.

(d) "Competitive local exchange carrier" or "CLEC" means a competitive provider as defined in OAR 860-032-0001 that provides local exchange service.

(e) "Customer" means a subscriber, end-user, or consumer of local exchange services or an applicant for local exchange services.

(f) "Customer service record" or "CSR" means the customer’s account information, which includes the customer’s address, features, services, and equipment.

(g) "Customer proprietary network information" or "CPNI" has the meaning given in OAR 860-032-0510.

(h) "Current LSP" means the LSP from whom a customer receives local exchange service prior to migrating to another LSP. After migration occurs, the current LSP becomes the customer’s old LSP.

(i) "Local exchange service" has the meaning given in OAR 860-032-0001.

(j) "Local service provider" or "LSP" means the carrier that interacts directly with the customer and provides local exchange service to that customer. Based on the service configuration, an LSP can also be the NSP. In some cases, the following more specific designations may be used:

(A) "New local service provider" or "new LSP" means the new local service provider after service migration occurs.

(B) "Old local service provider" or "old LSP" means the old local service provider after service migration occurs.

(k) "Local service request" or "LSR" means the industry standard forms and supporting documentation for ordering local exchange services.

(l) "Network service provider" or "NSP" means the company whose network carries the dial tone, switched services and loop(s) to the customer. Based on the service configuration, a NSP can also be the LSP. In some cases the following more specific designations may be used:

(A) "Network service provider-switch" or "NSP-switch" means the provider that provides the dial tone and switched services.

(B) "Network service provider-loop" or NSP-loop" means the provider of the local loop to the end user premises or other mutually agreed upon point.

(D) "Old network service provider" or "old NSP" means the old network service provider after service migration occurs.

(m) "Requesting LSP" means the LSP whom a customers has authorized to view his/her customer service information. After migration occurs, the requesting LSP becomes the customer’s new LSP.

(n) "Resale" means the sale of a local exchange telecommunications service by a CLEC to a customer by purchasing that service from another carrier.

(o) "Transition information" means network information (e.g., circuit ID), identity of the current network service providers (e.g., loop and switch providers), and identity of other providers of services (e.g., E-911 provider, directory service provider) associated with a customer’s telecommunications service.

(p) "UNE" means unbundled network element. The following more specific designations may be used.

(A) "UNE-loop" or "UNE-L" means unbundled network element loop.

(B) "UNE-platform" or "UNE-P" means unbundled network element platform.

(4) An LSP may request CSR information for a specific customer from the customer’s current LSP. Before requesting a CSR for a specific customer, the requesting LSP must have on file one of the following verifiable forms of customer authorization:

(a) Letter of authorization from the customer to review his/her account;

(b) Third party verification of the customer’s consent;

(d) Record of oral authorization given by the customer, which clearly gives the customer’s consent to review his/her account.

(5) Every requesting LSP shall retain the customer authorization on file for one year from the date it received such authorization.

(6) A customer’s current LSP may not require a copy of the end user’s authorization from the requesting LSP prior to releasing the requested CSR. In the event the customer complains or other reasonable grounds exist, the current LSP may request verification of the customer’s authorization from the requesting LSP. The parties must attempt to resolve any dispute concerning the validity of the customer’s authorization prior to filing a formal complaint with the Commission.

(7) When requesting a CSR, a requesting LSP:

(a) Shall include, at a minimum, the following information:

(A) Customer’s telephone number(s);

(B) An indication of customer consent to review the CSR;

(D) The name of the requesting LSP, with contact name and telephone number, for questions about the request;

(E) Date and time the request was sent;

(F) Indication whether circuit ID is requested for UNE-L reuse; and

(G) Indication whether listing information is requested.

(b) May include the following information:

(A) Customer service address;

(B) Customer name;

(D) Other applicable information.

(8) Requesting LSPs may transmit CSR requests via facsimile, electronic mail, regular mail, or other agreed-upon means. All carriers must, at a minimum, allow for reception of CSR requests via facsimile.

(9) All carriers should reuse existing UNE-L facilities in lieu of ordering a new UNE-L. A UNE-L shall be considered reusable when the existing circuit or facilities are no longer needed by the old LSP to provide service to the migrating customer or any customer that is currently using those facilities. When requested and reuse of the UNE-L facility is available the current LSP must provide the circuit ID for the requested UNE-L facility to the requesting LSP as part of the CSR response or transition information. Authorization is not required from the old LSP for the new LSP to reuse portions of the network that were provided to the old LSP by a NSP(s), and the old LSP shall not prohibit such reuse. To order the reuse of a UNE-L facility, the new LSP shall furnish the circuit ID on the LSR issued to the existing or new NSP-L.

(10) When responding to a CSR request the current LSP shall provide, at a minimum, the following:

(a) Account level information, including the following:

(A) Billing telephone number and/or account number;

(B) Complete customer billing name and address;

(D) Complete service address (including floor, suite, unit); and

(E) Requesting LSP’s tracking number when provided on the CSR request.

(b) Line level information, including the following:

(A) Working telephone number(s);

(B) Current preferred interexchange carrier(s) (PIC) for interLATA and intraLATA toll, including PIC freeze status;

(D) All vertical features (e.g., custom calling, hunting) identified in a manner that clearly designates the products and services to which the customer subscribes;

(E) Options (e.g., Lifeline, 900 blocking, toll blocking, remote call forwarding, off-premises extensions), if applicable;

(F) Service configuration information (e.g., resale, UNE-L, UNE-P);

(G) Identification of the NSPs and/or LSPs, when different from the LSP providing the response. This is considered transition information;

(H) Identification of data services or any other services on the customer’s line utilizing that UNE-L (e.g., alarm services); and

(I) Circuit ID to be provided when requested and the UNE-L is not being used for other services. This is considered transition information.

(11) If requested, and not provided with the CSR response, the current LSP shall provide transition information, and identify the current provider(s) of various service components to the customer (e.g., loop, directory service) if different from the current LSP. Circuit ID should only be provided by the current LSP when the UNE-L is reusable.

(12) Current LSPs responding to CSR requests may transmit the CSR information by facsimile, electronic mail, electronic data interchange, or by other agreed-upon means. All carriers must, at a minimum, allow for transmission of responses to CSR requests by facsimile. Regular mail may be used if the response is 50 or more pages or if the CSR request was transmitted by regular mail.

(13) Upon the effective date of this rule, current LSPs shall respond to CSR requests within two business days of when the request was received. Six months after the effective date of this rule, current LSPs shall respond to CSR requests within one business day of when the request was received. If the current LSP cannot meet the response requirement for any legitimate reason, such as complex services, the current LSP shall notify the requesting LSP within 24 hours of when the request was received. The notification shall include a legitimate reason for the delay. The current LSP and the requesting LSP shall negotiate in good faith to establish a reasonable time for the current LSP to respond to the request.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.015 & 759.030
PUC 3-2004, f. & cert. ef. 1-15-04

Division 33 RESIDENTIAL SERVICE PROTECTION FUND (RSPF)

Or. Admin. R. 860-033-0001 Applicability

(1) The rules in this Division apply to all telecommunications providers interconnected voice over internet protocol service providers, and cellular, wireless, or other radio common carriers that offer service in Oregon with access to the Oregon Telecommunications Relay Service and to the applicants for and recipients of RSPF benefits.

(2) Upon request or its own motion, the Commission may waive any of the division 33 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

(3) In computing any period of time prescribed or allowed by these rules, the first day of the act or event is not included. The last day of the period is included, unless the last day is a Saturday or legal holiday; then the period runs until the end of the next day that is not a Saturday or legal holiday. Legal holidays are those identified in ORS 187.010 and 187.020.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040 & 1987 OL Ch. 290
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 3-1999, f. & cert. ef. 8-10-99

Or. Admin. R. 860-033-0005 Definitions

For the purpose of this division:

(1) "Basic Service" means "basic telephone service" as defined in OAR 860-032-0190. For qualifying low-income recipients, basic service also includes access to toll-limitation services.

(2) "Broadband internet access service" has the same meaning as defined in OAR 860-250-0010.

(3) “Competitive Provider” means a competitive telecommunications provider as defined in ORS 759.005(1) that provides services authorized under ORS 759.020.

(4) “Cooperative” means a cooperative corporation or association that provides local exchange telecommunications service within its own exchanges, is organized under ORS Chapter 62, and is certified under ORS 759.025(2).

(5) “Duplicate Support” means a customer is receiving Federal or Oregon Lifeline supported services on two or more single lines or single line equivalents concurrently, or two or more customers in a household are receiving Federal or Oregon Lifeline supported services concurrently.

(6) “Economic unit” means all adult individuals, eighteen or older, contributing to and sharing in the income and expenses of a household, including adult individuals with minimal or no income who benefit from another individual’s financial support. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians.

(7) “Eligible Telecommunications Carrier” means a provider of telecommunications service, including a cellular, wireless, or other radio common carrier, that is designated by order of the Commission as eligible to receive federal universal service support throughout a designated service area.

(8) "Eligible Telecommunications Provider" means a provider of telecommunications service, including a cellular, wireless, or other radio common carrier, that is designated by order of the Commission as eligible to provide Oregon Lifeline supported services to its qualifying low-income customers throughout a designated service area.

(9) “Household” means any individual or group of individuals, related or unrelated, who are living together at the same address as one economic unit.

(10) “Income” means gross income as defined under section 61 of the Internal Revenue Code, 26 USC § 61, for all members of the household from any source derived, unless specifically excluded by the Internal Revenue Code, Part III of Title 26, 26 USC § 101, et. seq.

(11) “Interconnected voice over internet protocol service” means a service that:

(a) Enables a real-time, two-way voice communications;

(b) Requires a broadband connection from the user’s location;

(d) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

(12) “Interconnected voice over internet protocol service provider” means a provider that offers interconnected voice over internet protocol service to retail subscribers.

(13) “Federal Lifeline” means a program established by the Federal Communications Commission as defined in 47 C.F.R. § 54 Subpart E (2016).

(14) “Lifeline Household Worksheet” means a form that the Commission sends to an applicant when the Commission is unable to determine if an applicant and a current Federal or Oregon Lifeline customer are part of a separate economic unit or household.

(15) “Low-income customer” means an individual who demonstrates eligibility for Federal or Oregon Lifeline supported services in OAR 860-033-0030.

(16) “Marketing materials” means all media, including but not limited to print, audio, video, internet (including email, web, and social networking media), and outdoor signage, that describe the Federal or Oregon Lifeline supported service offering.

(17) "Oregon Lifeline means a program established by the Commission that provides a discount on basic service, broadband internet access service, or both, for eligible low-income residential customers. Oregon Lifeline establishes the requirements for Eligible Telecommunications Carriers to offer Federal Lifeline supported services in Oregon and may provide benefits that are in addition to those offered by the Federal Lifeline program.

(18) “Oregon Telecommunications Relay Service” or “OTRS” means a telephone transmission service that provides the ability for an individual who is deaf, hard of hearing, deaf-blind, or who has a speech disability to engage in communication by wire or radio with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio.

(19) “Oregon Lifeline Reimbursement Form 750” means the reporting form identified by that title that is available on the Commission’s website at https://www.oregon.gov/puc/Pages/default.aspx.

(20) "Residential Service Protection Fund” or “RSPF" means a legislatively approved fund in the Oregon State Treasury that supports Oregon Lifeline, the Telecommunication Devices Access Program and the Oregon Telecommunications Relay Service.

(21) "RSPF Surcharge" means a specified amount up to 35 cents per month collected from each paying retail subscriber who has telecommunications service with access to the telecommunications relay service, except as provided in OAR 860-033-0006(2).

(22) “RSPF Surcharge Remittance Form 751" means the reporting form identified by that title that is available on the Commission’s website at https://www.oregon.gov/puc/Pages/default.aspx.

(23) “Service Initiation Date” means the date the low-income customer began receiving the Federal or Oregon Lifeline benefit.

(24) “Service Type” means the following type of Federal or Oregon Lifeline supported service to which the low-income customer may subscribe pursuant to the minimum service standards defined in 47 C.F.R. § 54 Subpart E (2019):

(a) Voice telephony service only;

(b) Voice telephony service with broadband internet access service — (broadband internet access service does not meet the minimum service standards);

(d) Broadband internet access service with voice telephony service — (voice telephony service does not meet the minimum service standards); or

(e) Bundle — both voice telephony and broadband internet access service meet the minimum service standards.

(25) “Telecommunication Devices Access Program” or “TDAP" means a program established by the Commission that provides Assistive Telecommunication Devices or Adaptive Equipment at no additional cost beyond telephone service for customers who are deaf, hard of hearing, speech-impaired, deaf-blind or have a disability.

(26) “Telecommunications provider” includes competitive providers, cooperatives and telecommunications utilities.

(27) “Telecommunications service” means the offering of telecommunications as defined in 47 C.F.R. 54.5 (2012) for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(28) “Telecommunications utility” means a person who is not a competitive provider and is designated as a telecommunications utility under OAR 860-032-0010.

(29) "Toll Limitation Service" means a service provided by an Eligible Telecommunications Provider that allows an Oregon Lifeline recipient to choose to block the completion of outgoing toll calls (toll blocking) or to specify a certain toll usage that may be incurred per month or per billing cycle (toll control).

(30) “Tribal Lifeline” means a Lifeline service for eligible residents of Tribal lands as defined in 47 C.F.R. § 54 Subpart E (2019).

(31) “Tribal Link Up” means a federal assistance program for eligible residents of Tribal lands as defined in 47 C.F.R. § 54 Subpart E (2013).

(32) “Universal Service Administrative Company” means an independent, not-for-profit corporation designated by the Federal Communications Commission as the administrator of the universal service fund.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 4-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020
PUC 5-2017, f. & cert. ef. 5-31-17
PUC 7-2016(Temp), f. 11-22-16, cert. ef. 12-2-16 thru 5-30-17
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 18-2000, f. & cert. ef. 10-24-00
PUC 18-1997, f. & cert. ef. 12-17-97
PUC 14-1995, f. & cert. ef. 12-20-95 (Order No. 95-1328)
PUC 7-1995(Temp), f. & cert. ef. 8-17-95 (Order No. 95-860)
PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238)
PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)

Or. Admin. R. 860-033-0006 Monthly RSPF Surcharge

(1) The Commission reviews the surcharge rate and the balance in the RSPF annually. The Commission may adjust the amount of the surcharge to ensure the fund has adequate resources but does not exceed six months of projected expenses. A rate adjustment ordered by the Commission following the annual review becomes effective January 1 of the year following the review.

(2) The surcharge does not apply to entities upon which the state is prohibited from imposing the surcharge by the Constitution or laws of the United States or the Constitution or laws of the State of Oregon including, but not limited to:

(a) Counties and political subdivisions.

(b) Federal, state and municipal government bodies or public corporations. For purposes of this rule, "public corporation" means a corporation formed by a state or local government authority for the public's benefit or for a public purpose. A regional housing authority qualifies as a public corporation.

(d) Federally recognized Native-American Tribes, and tribal members who live within federally recognized Indian country and are enrolled members of the tribe with sovereignty over that Indian country.

(e) Foreign government offices and representatives that are exempt from state taxation by treaty provisions.

(f) Interconnection between telecommunications utilities, telecommunications cooperatives, competitive telecommunications services providers certified under ORS 759.020, radio common carriers and interexchange carriers.

(g) Any other agency, organization or person claiming an exemption is required to identify the authority for its claim to a provider. If a telecommunications provider or interconnected voice over internet protocol service provider is unable to determine the status of a subscriber the Commission will determine whether the subscriber is exempt.

(3) Collection of RSPF Surcharge.

(a) Each telecommunications provider must collect the RSPF surcharge by charging the specified amount to each retail subscriber with access to the telecommunications relay service, including Federal or Oregon Lifeline eligible subscribers. The RSPF surcharge is applied on a telecommunications circuit designated for a particular subscriber.

(A) One subscriber line is counted for each circuit that is capable of generating usage on the line side of the switched network regardless of the quantity of customer premises equipment connected to each circuit.

(B) For providers of central office based services, the surcharge is applied to each line that has unrestricted connection to the telecommunications relay service. For central office based service lines that have restricted access to the OTRS, the surcharge is charged based on software design.

(b) Each interconnected voice over internet protocol service provider must remit the specified RSPF surcharge amount to the Commission for each retail subscriber with access to the telecommunications relay service, including Federal or Oregon Lifeline eligible subscribers.

(c) Each cellular, wireless, or other radio common carrier must remit the specified RSPF surcharge for each retail subscriber with access to the telecommunications relay service, including Federal or Oregon Lifeline eligible subscribers. The surcharge is applied on a per-instrument basis.

(d) Each telecommunications public utility must identify the surcharge on each retail customer’s bill, or if no amount is due, on a monthly statement, as a separate line item named “RSPF Surcharge.”

(4) A telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier may remit surcharges due to the Commission by electronic transfer or by mail.

(5) The Remittance Report and surcharges are due to the Commission on or before the 21st calendar day after the close of each month and must be received in the Commission’s offices no later than 5 p.m. Pacific Standard Time on the due date. A Remittance Report or surcharge postmarked on the due date does not meet the requirements of this section and will not be considered as timely submitted.

(6) For each billing period that a telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier fails to submit the surcharge on or before the due date required by these rules, the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier must pay a late payment fee in accordance with OAR 860-001-0050.

(7) If the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier fails to remit the surcharge on or before the due date, the telecommunications provider, interconnected voice over internet service provider, or the cellular, wireless, or other radio common carrier must pay interest in accordance with OAR 860-001-0050.

(8) If a telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier fails to file a Remittance Report as required by these rules, the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier must pay a late report fee in accordance with OAR 860-001-0050.

(9) The Commission may waive the late report fee, the late payment fees and the interest on the unpaid surcharge fees, or any combination thereof, if the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier files a written waiver request and provides evidence showing that the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier submitted the Remittance Report and surcharge fees late due to circumstances beyond its control. The request must be filed in accordance with OAR 860‑001-0140 and 860-001-0170.

(10) The telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier must pay a fee in accordance with OAR 860-001-0050 for each payment returned for non-sufficient funds.

(11) A telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier must submit any revisions to a Remittance Report no later than three years from the due date of the Remittance Report. If the Commission concludes that a telecommunications provider, interconnected voice over internet protocol service provider, or cellular, wireless, or other radio common carrier remitted an excessive amount and that refunding the excess amount would have a material and adverse financial impact on the RSPF, the Commission may enter into an agreement with the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier to spread payments of the refunds over a period not to exceed three years.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 1-2010, f. & cert. ef. 5-18-10
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03

Or. Admin. R. 860-033-0007 Late Reports and Failure to Remit Surcharge

(1) For any period for which a telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier fails to file a Remittance Report and remit the surcharge by the due date as required by these rules, the Commission may issue a notice of proposed assessment for the surcharge amount to the telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier based upon any information available to the Commission.

(2) If a telecommunications provider, interconnected voice over internet service provider or a cellular, wireless, or other common carrier failed to file a Remittance Report within the time specified in these rules, the Commission may add to the proposed assessment a late report fee per OAR 860-001-0050(3)(e) and, if the provider or carrier failed to remit the surcharge by the due date, the Commission may add an assessment, up to a maximum of $500, and interest on the surcharge amount owed at the rate of 9 percent per annum from the due date.

(3) The proposed assessment may not cover a period longer than three years prior to the date of the notice of proposed assessment. But, if the telecommunications provider did not hold a certificate of authority, if one was required by law, the Commission has an unlimited time to propose an assessment for the period represented by the non-filed Remittance Report.

(4) In addition to any other penalty allowed by law, the Commission may suspend or cancel a telecommunications provider’s certificate of authority to provide telecommunications service or revoke an eligible telecommunications provider’s designation for failure to timely file a Remittance Report or its failure to remit the surcharge by the due date.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 1-2010, f. & cert. ef. 5-18-10
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03

Or. Admin. R. 860-033-0008 Commission Audit

(1) A telecommunications provider, interconnected voice over internet protocol service provider and a cellular, wireless, or other radio common carrier must keep all records supporting each Remittance Report it has submitted to the Commission for three years, or if a Commission review or audit is pending, until the review or audit is complete, whichever is later.

(2) For any period for which a telecommunications provider's, interconnected voice over internet protocol service provider’s or a cellular, wireless, or other radio common carrier’s Remittance Report was due, the Commission may audit the telecommunications provider, interconnected voice over internet protocol service provider or the cellular, wireless, or other radio common carrier as the Commission deems necessary and appropriate.

(3) The Commission's audit must begin no later than three years after the Remittance Report's due date. But, if the telecommunications provider did not hold a certificate of authority, if one was required by law, the Commission has unlimited time to audit the telecommunications provider.

(4) If a telecommunications provider or a cellular, wireless, or other radio common carrier failed to file a Remittance Report within the time specified in these rules, the Commission will add to the proposed assessment a late report fee per 860-001-0050(3)(e) and a late payment fee equal to 9 percent per annum of the amount of the proposed assessment, up to a maximum of $500.

(5) A telecommunications provider, interconnected voice over internet protocol service provider or a cellular, wireless, or other common carrier must produce for inspection or audit upon request of the Commission or its authorized representative all records supporting its Remittance Reports.

(6) After completion of the audit, the Commission may propose to assess an additional surcharge amount from the telecommunications provider, interconnected voice over internet protocol service provider, or the cellular, wireless, or other radio common carrier in addition to the amount previously remitted. The Commission may add to the proposed assessment a late payment fee equal to 9 percent per annum of the amount of the proposed assessment up to a maximum of $500, and interest on the surcharge amount owed at the rate of 9 percent per annum from the original surcharge due date.

(7) Except as otherwise provided by law, if after an audit or review, the Commission determines that the telecommunications provider, interconnected voice over internet protocol service provider or the cellular, wireless, or other radio common carrier has remitted an excessive amount, the Commission will provide a credit in that amount against sums subsequently due.

(8) In addition to any other penalty allowed by law, the Commission may suspend or cancel a telecommunications provider's certificate of authority to provide telecommunications service or revoke an eligible telecommunications provider’s designation for failure to timely produce for inspection or audit the records required by this rule.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & Ch. 290 OL 1987
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & Ch. 290 OL 1987
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 1-2010, f. & cert. ef. 5-18-10
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03

Or. Admin. R. 860-033-0009 Notice of Proposed Assessment, Hearing, and Order

(1) To request a hearing on the notice of proposed assessment, the telecommunications provider, interconnected voice over internet protocol service provider or cellular, wireless, or other radio common carrier must submit a written request for a hearing. The request for hearing must include a written response that admits or denies all factual matters alleged in the notice of proposed assessment, and alleges any and all affirmative defenses and reasoning in support thereof. Factual matters not denied will be considered admitted, and failure to raise a defense will be a waiver of the defense. The Commission must receive the request for hearing within 30 days of the date of the notice of proposed assessment was mailed.

(a) If the Commission does not receive a written request for hearing within 30 days, the Commission may enter an order on default based upon information in the Commission's files. Any amount assessed by the Commission in an order on a notice of proposed assessment is due and payable ten days after the issue date of the order, unless a different due date is specified in the order.

(b) If a written request for hearing is filed within the 30-day period, the Commission will grant the telecommunications provider, interconnected voice over internet protocol service provider or the cellular, wireless, or other radio common carrier a hearing and give the telecommunications provider, interconnected voice over internet protocol service provider or the cellular, wireless, or other radio common carrier at least 10 days' notice of the time and place of a hearing.

(2) The hearing on the telecommunications provider's, the interconnected voice over internet protocol service provider’s or the cellular, wireless, or other radio common carrier’s petition is conducted under the Commission’s rules governing hearings and proceedings.

(3) During the 30-day period allowed for requesting a hearing on a notice of proposed assessment under these rules, the telecommunications provider, interconnected voice over internet protocol service provider, the cellular, wireless, or other radio common carrier may file its Remittance Report and pay any surcharge, late report fee, late payment fee, and interest proposed in the notice. The Commission will accept the Remittance Report and payment if correctly calculated.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & Ch. 290 OL 1987
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & Ch. 290 OL 1987
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03

Or. Admin. R. 860-033-0010 Federal and Oregon Lifeline Applicability

(1) The Oregon Lifeline Program is designed to provide a reduced rate or discount for an Eligible Telecommunications Provider's broadband internet access service, basic service, or both, whether sold separately or in combination with other services, to low-income customers who meet eligibility requirements.

(2) An Eligible Telecommunications Provider must offer to all low-income customers who meet eligibility requirements Oregon Lifeline discounts with all service offerings that include broadband internet access service or basic telephone service. Reduced rates or discounts apply to the single line, or service that is functionally equivalent to a single line, serving the eligible customer's principal residence in Oregon. An Eligible Telecommunications Provider may not decline to provide the Federal and Oregon Lifeline discount to an eligible customer for wireless service on the basis the customer has an out-of-state telephone number.

(3) Eligible Telecommunications Providers and the Commission must treat Federal and Oregon Lifeline data as confidential information, to the extent allowed by law, and Federal and Oregon Lifeline data may be used only for Federal and Oregon Lifeline purposes.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 4-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03
PUC 18-1997, f. & cert. ef. 12-17-97
PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238)
PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)

Or. Admin. R. 860-033-0021 Eligible Telecommunications Provider Requirements

(1) A telecommunications provider, or cellular, wireless, or other radio common carrier may petition the Commission for designation as an Eligible Telecommunications Provider. To be designated as an Eligible Telecommunications Provider, the petitioner must demonstrate that it will:

(a) Offer services under 47 C.F.R. §54 Subpart E (2013) using either its own facilities or a combination of its own facilities and resale of another carrier’s services (including the services offered by another Eligible Telecommunications Carrier throughout the service area) or for Lifeline-only carriers, a compliance plan that has been approved by the Federal Communications Commission. Under 47 C.F.R. §54 Subpart C (2012), the requirement of using its “own facilities” includes, but is not limited to, purchasing unbundled network elements from another carrier.

(b) Advertise the availability of and the charges for such services using media of general distribution; and

(2) Once designated, the Commission may suspend or revoked an Eligible Telecommunications Provider’s designation for failure to comply with the requirements under subsection (1)(a), (1)(b) or (1)(c).

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 759.036 & Ch. 290 OL 1987
PUC 7-2020, adopt filed 12/30/2020, effective 12/30/2020

Or. Admin. R. 860-033-0030 Federal and Oregon Lifeline Eligibility

(1) A low-income customer demonstrates eligibility for Federal and Oregon Lifeline by application to the Commission on a Commission-approved form demonstrating compliance with this rule.

(2) To be eligible, the customer, one or more of the customer’s dependents or the customer’s household must:

(a) Receive benefits from one of the following public assistance programs: Medicaid under Title XIX and XXI of the Social Security Act; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance (Section 8); or Veterans and Survivors Pension Benefit; or

(b) Have income that is at or below 135 percent of the applicable Federal Poverty Guidelines for a household of that size.

(3) A low-income customer who resides on federally recognized Tribal lands is eligible for Oregon Lifeline if the customer, one or more of the customer’s dependents or the customer’s household:

(a) Meets the requirements of section (2) of the rule; or

(b) Receives benefits from one of the following Tribal-specific federal assistance programs: Bureau of Indian Affairs General Assistance; Tribally administered Temporary Assistance for Needy Families; Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations.

(4) The Commission may require a low-income customer to submit documentation demonstrating that he or she qualifies under the program or income based eligibility requirements.

(a) Acceptable documentation of program eligibility includes the current or prior year’s statement of benefits from a public assistance program, a notice or letter of participation in a public assistance program, program participation documents, or another official document demonstrating that the customer, one or more of the customer’s dependents or the customer’s household receives benefits from a qualifying assistance program.

(b) Acceptable documentation of income eligibility includes the prior year’s state, federal, or Tribal tax return; current income statement from an employer or paycheck stub; a Social Security statement of benefits; a Veterans Administration statement of benefits; a retirement or pension statement of benefits; an Unemployment or Workers’ Compensation statement of benefit; federal or Tribal notice letter of participation in General Assistance; or a divorce decree, child support award, or other official document containing income information. If the customer presents documentation of income that does not cover a full year, such as current pay stubs, the customer must present the same type of documentation covering three consecutive months within the previous twelve months.

(5) The customer may be required to furnish his or her social security number and the social security number of the member of the customer’s household upon whom eligibility is based before Federal and Oregon Lifeline eligibility can be determined or verified. Failure to do so may result in denial of benefits.

(6) The customer must sign a written authorization on a Commission-approved form permitting the Commission to release necessary information to an Eligible Telecommunications Provider and, as necessary, to the following: Federal Communications Commission, Universal Service Administrative Company, Department of Human Services, and the applicant's personal representative or legal guardian.

(7) An applicant or customer may not use a post office box as his or her residential address. The Commission may accept a P.O. Box or General Delivery address as a billing address, but not a residential address.

(8) The Federal or Oregon Lifeline benefit is limited to one single line, or single line equivalent, per economic unit at the customer’s principal residence in Oregon.

(a) If the Commission is unable to determine that an applicant and a current Federal or Oregon Lifeline customer are part of a separate household, the applicant must complete and submit to the Commission the Lifeline Household Worksheet.

(b) The Commission may verify annually that the customer continues to be part of a separate household.

(c) If the customer fails to respond within 30 days of the Commission’s attempts to verify that the customer continues to be part of a separate household, the Commission will notify the Eligible Telecommunications Provider to de-enroll the customer from the Federal and Oregon Lifeline program.

(9) The name of the Federal or Oregon Lifeline applicant must appear on the billing statement or account for the telecommunications service in order for that applicant to qualify for Federal or Oregon Lifeline benefits.

(10) The Commission may require an Eligible Telecommunications Provider to provide up to three months of Federal or Oregon Lifeline benefits credited to the customer’s account if the customer does not receive benefits after applying for benefits and demonstrating eligibility. The qualifying customer may be required to submit documentation demonstrating that he or she qualified under the program or income based eligibility requirements in section (2) or (3) of this rule.

(11) The Commission will verify a customer's continuing eligibility every 12 months, as measured from the customer’s Federal or Oregon Lifeline service initiation date.

(a) The Commission will allow a customer 30 days following the date of the notice of termination or de-enrollment to demonstrate continued eligibility. A customer may be required to submit proof of continued eligibility to the Commission.

(b) The Eligible Telecommunications Provider must de-enroll the customer from the Federal and Oregon Lifeline program within five business days of notice from the Commission that the customer is no longer eligible for the Federal and Oregon Lifeline program.

(c) After the Commission determines that the customer is not eligible or no longer eligible, the customer may submit a written request for a hearing to appeal the determination as specified in the notice of determination.

(d) At the hearing, the customer must provide to the Commission documentation demonstrating that he or she qualifies under the program or income based eligibility requirements listed in section (2) or (3) of this rule.

(12) If the Commission identifies that a customer or household is receiving duplicate support from more than one Eligible Telecommunications Provider, the Commission will attempt to contact the customer to determine the customer’s preferred provider and thereafter, based on the available information, select which Eligible Telecommunications Provider must de-enroll the customer.

(13) If a customer does not use the Federal or Oregon Lifeline supported service that the Eligible Telecommunications Provider offers at no charge per the usage requirements defined in 47 C.F.R. § 54 Subpart E (2016) for 30 consecutive days, the Eligible Telecommunications Provider must provide the customer 15 days' notice, using plain language, that the customer’s failure to use the Federal or Oregon Lifeline supported service within the 15-day notice period will result in de-enrollment from Federal or Oregon Lifeline program. If the customer uses the Federal or Oregon Lifeline supported service within the 15-day notice period, the Eligible Telecommunications Provider may not terminate the customer’s Federal or Oregon Lifeline supported service.

(14) When the customer switches to a different Eligible Telecommunications Provider, the customer must submit to the Commission an application for Federal or Oregon Lifeline benefits on a Commission-approved form.

(15) If, in a span of 30 days, the customer disconnects and reconnects service with the same Eligible Telecommunications Provider, the customer is not required to reapply for the Federal or Oregon Lifeline benefits.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 5-2017, f. & cert. ef. 5-31-17
PUC 7-2016(Temp), f. 11-22-16, cert. ef. 12-2-16 thru 5-30-17
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03
PUC 12-1999, f. & cert. ef. 11-18-99
PUC 18-1997, f. & cert. ef. 12-17-97
PUC 6-1997, f. & cert. ef. 1-10-97
PUC 6-1997, f. & ef. 1-10-97 (Order No. 97-005)
PUC 11-1995, f. & ef. 11-27-95 (Order No. 95-1217)
PUC 5-1992, f. & ef. 2-14-92 (Order No. 92-238)
PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)

Or. Admin. R. 860-033-0035 Federal and Oregon Lifeline Benefits

(1) A residential customer qualifying for the Federal and Oregon Lifeline benefit pays a reduced monthly rate, as established by the Commission, for broadband internet access service or basic service, or both, whether sold separately or in combination with other services, provided by an Eligible Telecommunications Provider. The monthly benefit includes:

(a) The Federal Lifeline program support in accordance with 47 C.F.R. §54.403, if available; and

(b) For a customer paying a monthly rate, the State of Oregon support of up to $15.00. The customer may not receive a monthly Federal and Oregon Lifeline benefit in excess of the customer's monthly rate; or

(c) For a customer that receives the Oregon Lifeline supported service at no charge, the State of Oregon support of $10.00. If an Eligible Telecommunications Provider that offers Oregon Lifeline supported service at no charge to the low-income customer demonstrates to the Commission that it provides unlimited voice minutes for basic service and unlimited data for any broadband internet access service provided to the customer, the Commission may authorize a State of Oregon support amount up to $10.00.

(d) The Commission may reduce the State of Oregon support by order of the Commission when sufficient funding is not available to sustain the current level of support.

(2) Federal and Oregon Lifeline benefits become effective on the date the Commission notifies the Eligible Telecommunications Provider of approval unless otherwise specified in the notice of approval.

(3) An Eligible Telecommunications Provider that offers Federal or Oregon Lifeline supported service at no charge to the low-income customer must require the customer to contact the Eligible Telecommunications Provider to activate the Federal or Oregon Lifeline supported service. The Eligible Telecommunications Provider must require the low-income customer to provide the last four digits of his or her social security number or Tribal identification number before activating the Federal or Oregon Lifeline supported service.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 1-2022, amend filed 01/28/2022, effective 01/28/2022
PUC 7-2021, temporary amend filed 08/30/2021, effective 09/01/2021 through 01/31/2022
PUC 1-2021, temporary amend filed 02/01/2021, effective 02/01/2021 through 06/30/2021
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 4-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 2-2002, f. & cert. ef. 2-5-02
PUC 18-1997, f. & cert. ef. 12-17-97
PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238)
PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)

Or. Admin. R. 860-033-0045 Oregon Lifeline Compensable Expenses

(1) The Eligible Telecommunications Provider may be compensated for the State of Oregon benefit provided to each customer enrolled in the Oregon Lifeline program by the Commission. If an Eligible Telecommunications Provider offers Oregon Lifeline supported service at no charge to the low-income customer, the Commission may authorize compensation for the basic service and broadband internet access service provided to each eligible customer.

(a) An Eligible Telecommunications Provider offering Oregon Lifeline supported service at no charge to the low-income customer that is authorized to seek compensation must provide detailed information on the basic service and broadband internet access service provided to each eligible customer for which it seeks compensation.

(b) An Eligible Telecommunications Provider must report the average monthly usage of voice minutes and data by its Oregon Lifeline customers to the Commission in an electronic format that is accessible to the public.

(2) To receive compensation as described in section (1) of this rule, an Eligible Telecommunications Provider must submit a monthly Oregon Lifeline Reimbursement Form on or before the eighth calendar day after the close of the month. The Eligible Telecommunications Provider must provide a listing of all Federal and Oregon Lifeline customers for which the Eligible Telecommunications Provider seeks compensation in an electronic format accessible by the Commission. The listing must include the account number, residential address, service type, service initiation date and Commission-assigned Oregon Lifeline Identification Number.

(3) An Eligible Telecommunications Provider must submit any revisions to a previously filed Oregon Lifeline Reimbursement Form no later than three years from its date. If the Commission concludes that refund is due to an Eligible Telecommunication Provider based on the revised Oregon Lifeline Reimbursement Form and that the refund would have a material adverse financial impact on the RSPF, the Commission may enter into an agreement with the Eligible Telecommunications Provider to spread payment of the refund over a period of time not to exceed three years.

(4) If the Commission overcompensates an Eligible Telecommunications Provider, the Eligible Telecommunications Provider must immediately return the excess RSPF funds once it notifies the Commission or is notified by the Commission of the overcompensation.

(a) If the Commission overcompensates the Eligible Telecommunications Provider as a result of Commission error and the Eligible Telecommunications Provider upon notification of the overcompensation immediately returns the excess RSPF funds, the Eligible Telecommunications Provider is not required to pay interest on the excess RSPF funds.

(b) If the Commission overcompensates the Eligible Telecommunications Provider as a result of Commission error and upon notification the Eligible Telecommunications Provider does not immediately return the excess RSPF funds, the Eligible Telecommunications Provider must pay interest on the excess RSPF funds at the rate set forth in OAR 860-001-0050.

(c) If the Commission overcompensates the Eligible Telecommunications Provider as a result of actions by the Eligible Telecommunications Provider, including, but not limited to, the filing of an incorrect reimbursement form, then upon notification the Eligible Telecommunications Provider must immediately return the excess RSPF funds and pay interest on the excess RSPF funds at the rate set forth in OAR 860-001-0050.

(5) Notice of Proposed Assessment:

(a) If the Eligible Telecommunications Provider is overcompensated and does not timely return the excess RSPF funds as described in section (4) of this rule, the Commission may issue a notice of proposed assessment for the amount due.

(b) To request a hearing on the notice of proposed assessment, the Eligible Telecommunications Provider must submit a written request for a hearing. The request for hearing must include a written response that admits or denies all factual matters alleged in the notice of proposed assessment, and alleges any and all affirmative defenses and the reasoning in support thereof. Factual matters not denied will be considered admitted, and failure to raise a defense will be a waiver of the defense. The Commission must receive the request for hearing within 30 days of the date that the notice of proposed assessment was mailed.

(c) If the Eligible Telecommunications Provider timely files a written request for a hearing under subsection (b) of this section, the Commission will grant the Eligible Telecommunications Provider a hearing and provide at least 10 days’ notice of the time and place of the hearing. The Commission will conduct the hearing under its rules governing hearings and proceedings.

(6) If the Commission does not receive a written request for hearing within 30 days, the Commission will enter an order on default based on information in the Commission’s files. Any amount assessed by the Commission in an order on a notice of proposed assessment is due and payable ten days after the issue date of the order.

(7) The Commission may suspend or cancel a telecommunications provider’s certificate of authority to provide telecommunications service or suspend or revoke an eligible telecommunications provider’s designation for failure to timely return excess RSPF funds.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 4-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03
PUC 18-1997, f. & cert. ef. 12-17-97
PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)

Or. Admin. R. 860-033-0046 Federal and Oregon Lifeline Accounting, Reporting and Auditing

(1) Based upon accounting procedures approved by the Commission, Eligible Telecommunications Providers and must maintain accounting records so that costs associated with Federal and Oregon Lifeline can be separately identified. The Eligible Telecommunications Provider must provide records to the Commission upon request.

(2) Order Activity Report: The Order Activity Report is a listing of all Federal or Oregon Lifeline customers whose phone service or broadband internet access service was disconnected, who voluntarily de-enrolled or were de-enrolled for failure to use the Federal or Oregon Lifeline supported service that the Eligible Telecommunications Provider offers at no charge, and a listing of all Federal or Oregon Lifeline customers whose telephone numbers, addresses, or service initiation dates and service types have changed. The listing must include the customer’s first and last name and Commission-assigned Oregon Lifeline Identification Number. Except as specified in section (4) of this rule, each Eligible Telecommunications Provider must submit weekly to the Commission in an electronic format accessible by the Commission an Order Activity Report.

(3) No Match Report: When the Commission notifies the Eligible Telecommunications Provider of customers who meet eligibility criteria, the Eligible Telecommunications Provider must submit an electronic No Match Report within five business days in a format accessible by the Commission that contains the following:

(a) Any discrepancy that prevents a customer from receiving the Federal or Oregon Lifeline benefit; and

(b) The Commission-approved low-income customer’s service initiation date and service type.

(4) When the Commission issues an order designating a provider of telecommunications service as an Eligible Telecommunications Provider and thereby adopts the terms of a stipulation setting specific requirements for reporting Order Activity and No Match that are different from sections (2) and (3) of this rule, the Eligible Telecommunications Provider may report Order Activity and No Match in a manner consistent with the terms of the stipulation approved by the Commission.

(5) The Commission reserves the right to audit the records of an Eligible Telecommunications Provider that provides Federal or Oregon Lifeline benefits.

(6) Federal Lifeline and Oregon Lifeline Records: Each Eligible Telecommunications Provider must keep all Federal and Oregon Lifeline records and supporting documentation for three years, or if a Commission review or audit is pending, until the review or audit is complete, whichever is later.

(a) An Eligible Telecommunications Provider must produce for inspection or audit upon request of the Commission or its authorized representative all Federal and Oregon Lifeline records and supporting documentation.

(b) In addition to any other penalty allowed by law, the Commission may suspend or cancel an Eligible Telecommunications Provider's certificate of authority to provide telecommunications service or suspend or revoke an Eligible Telecommunications Provider’s designation for failure to produce for inspection or audit the records required by this rule.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 4-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020
PUC 5-2017, f. & cert. ef. 5-31-17
PUC 7-2016(Temp), f. 11-22-16, cert. ef. 12-2-16 thru 5-30-17
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 18-1997, f. & cert. ef. 12-17-97
PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238)
PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)

Or. Admin. R. 860-033-0050 Tribal Lifeline and Tribal Link-Up

(1) The Commission must determine if a prospective Tribal Lifeline or Tribal Link Up recipient who has executed a certification pursuant to 47 C.F.R. § 54 Subpart E (2013) has previously received a Tribal Lifeline or Tribal Link Up benefit at the residential address provided by the prospective subscriber to prevent duplicative support. An eligible resident of Tribal lands may receive the benefit of the Tribal Link Up program for a second or subsequent time only for otherwise qualifying commencement of telecommunications service at a principal place of residence with an address different from the address for which Tribal Link Up assistance was previously provided.

(2) Within five business days of a request for Tribal Lifeline or Tribal Link Up benefit, the Eligible Telecommunications Provider must submit to the Commission in an electronic format accessible by the Commission the Tribal Lifeline or Tribal Link Up applicant’s first and last name, residential address, date of birth, telephone number or broadband internet access service account number associated with the application for Tribal Lifeline or Tribal Link Up benefit, and last four digits of his or her social security number or Tribal identification number. Each Eligible Telecommunications Provider must obtain, from each new and existing subscriber, consent to transmit the information as specified in this section of this rule. Prior to obtaining consent, the Eligible Telecommunications Provider must describe to the subscriber, using plain language, the specific information being submitted, that the information is being submitted to the Commission to ensure proper administration of the Tribal Lifeline and Tribal Link Up program, and that failure to provide consent will result in the subscriber being denied the Tribal Lifeline or Tribal Link Up benefit.

(3) If the Commission notifies the Eligible Telecommunications Provider that a prospective subscriber is receiving a Tribal Lifeline benefit or has received a Tribal Link Up benefit at the residential address provided by the subscriber, the Eligible Telecommunications Provider may not seek universal service support reimbursement for duplicate service.

(4) If the Commission notifies the Eligible Telecommunications Provider that a prospective subscriber is not receiving a Tribal Lifeline benefit or has not received a Tribal Link Up benefit at the residential address provided by the subscriber, the Eligible Telecommunications Provider must provide the customer’s service initiation date and service type.

(5) When two or more Eligible Telecommunications Providers submit the information required in section (2) of this rule for the same subscriber, only the Eligible Telecommunications Provider whose information was received and processed by the Commission first, as determined by the Commission, will be entitled to reimbursement from the universal service fund for that subscriber.

(6) Tribal Lifeline and Tribal Link Up Order Activity Report: The Tribal Lifeline and Tribal Link Up Order Activity Report is a listing of all Tribal Lifeline and Tribal Link Up customers whose phone service or broadband internet access service was disconnected, who voluntarily de-enrolled or were de-enrolled for failure to use the Tribal Lifeline service which the Eligible Telecommunications Provider offers at no charge and a list of all Tribal Lifeline and Tribal Link Up customers whose telephone numbers, addresses, or service initiation dates and service types have changed. The listing must include the customer's first and last name and Commission-assigned Oregon Lifeline Identification Number. Each Eligible Telecommunications Provider must submit this report weekly to the Commission in an electronic format accessible by the Commission.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 4-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020
PUC 5-2017, f. & cert. ef. 5-31-17
PUC 7-2016(Temp), f. 11-22-16, cert. ef. 12-2-16 thru 5-30-17
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03
PUC 2-2002, f. & cert. ef. 2-5-02
PUC 18-1997, f. & cert. ef. 12-17-97
PUC 6-1997, f. & cert. ef. 1-10-97
PUC 2-1996, f. & ef. 4-18-96 (Order 96-102)
PUC 5-1992, f. & ef. 2-14-92 (Order No. 92-238)
PUC 8-1989, f. & cert. ef. 6-8-89 (Order No. 89-724)
PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)

Or. Admin. R. 860-033-0100 Toll Limitation Service and Prohibited Charges

(1) Upon request and availability, a Federal or Oregon Lifeline customer is entitled to Toll Limitation Service from an Eligible Telecommunications Provider at no additional charge.

(2) An Eligible Telecommunications Provider may not charge the Federal or Oregon Lifeline customer:

(a) The federal universal service fund fee on the local service portion of the phone bill;

(b) The local number portability fee; or

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 18-1997, f. & cert. ef. 12-17-97

Or. Admin. R. 860-033-0110 Advertising, Marketing and Outreach

(1) An Eligible Telecommunications Provider may not conceal or misstate a material fact about the Federal or Oregon Lifeline program in advertising, marketing materials or other outreach to Oregon consumers.

(2) An Eligible Telecommunications Provider must explain in plain language and disclose in Federal and Oregon Lifeline marketing materials:

(a) That the Eligible Telecommunications Provider’s offering is a Federal and Oregon Lifeline supported service;

(b) That the Federal and Oregon Lifeline programs are government assistance programs. This disclosure must be conspicuous;

(d) That only eligible low-income customers may enroll in Federal and Oregon Lifeline supported programs;

(e) That proof of eligibility may be necessary for enrollment;

(f) That Federal and Oregon Lifeline supported services are limited to one benefit per household, consisting of either wireline or wireless basic service, a bundle of basic service and broadband internet access services, or broadband internet access service; and

(g) That Federal and Oregon Lifeline supported services are non-transferable.

(3) The Eligible Telecommunications Provider must provide to the Commission copies of Federal and Oregon Lifeline marketing materials to be released in the State of Oregon at least five business days prior to release.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 3-2026, amend filed 04/01/2026, effective 04/01/2026
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 4-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020
PUC 5-2017, f. & cert. ef. 5-31-17
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13

Or. Admin. R. 860-033-0505 Telecommunication Devices Access Program (TDAP) Definitions

(1) "Adaptive Equipment" means equipment that permits a person with a disability, other than a hearing or speech impairment, to communicate effectively on the telephone.

(2) "Assistive Telecommunication Device" means a device that uses a keyboard, acoustic coupler, display screen, Braille display, speakerphone, or amplifier to enable a person who is deaf, deaf-blind, hard of hearing, speech or vision impaired or who has a disability to communicate effectively on the telephone.

(3) "Disability" means a physical condition other than hearing or speech impairment that requires the use of adaptive equipment to communicate effectively on the telephone.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & Ch. 290 OL 1987
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & Ch. 290 OL 1987
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03
PUC 12-1999, f. & cert. ef. 11-18-99
PUC 18-1997, f. & cert. ef. 12-17-97
PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238)
PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339)

Or. Admin. R. 860-033-0530 TDAP Eligibility and Distribution of Assistive Telecommunication Devices or Adaptive Equipment

(1) A person age four and above may apply to receive an Assistive Telecommunication Device or Adaptive Equipment from the Commission. The application must be submitted using the form provided by the Commission. The TDAP application or Speech Generating Device application is available online at https://www.oregon.gov/puc/Pages/default.aspx.

(2) The applicant must provide the Commission with:

(a) Their telephone or cellular number or email address;

(b) Their Oregon residential address;

(c) Information for an alternate contact such as, for example, the telephone or email address of a relative or friend the Commission can contact if the TDAP recipient is not available; and

(d) A properly completed application including a statement that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired, or has a disability that requires Assistive Telecommunication Device or Adaptive Equipment to communicate effectively on the telephone. This statement must be signed by:

(A) A licensed physician who may certify that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired or has a disability;

(B) A licensed audiologist or a licensed hearing aid specialist who may certify only that the applicant is deaf or hard of hearing;

(D) A vocational rehabilitation counselor from the Oregon Office of Vocational Rehabilitation Services who may certify that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired or has a disability;

(E) A registered nurse practitioner who may certify that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired, or has a disability;

(F) A rehabilitation instructor from the Oregon Commission for the Blind who may certify only that the applicant has a vision impairment; or

(G) A licensed physician assistant who may certify that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired or has a disability.

(e) For a person under 18 years of age, or an adult who is determined to require a legal guardian, a parent or a legal guardian must apply on that person’s behalf and assume responsibility for the Assistive Telecommunication Device or Adaptive Equipment. An emancipated minor is considered an adult. If the application is signed by a person asserting power of attorney for the applicant or by a legal guardian, the person signing the application may be required to provide the Commission with evidence of the power of attorney or legal guardianship.

(f) If the Commission is not able to verify an applicant’s residency, the applicant must submit evidence of Oregon residency such as, for example, a recent utility bill in the applicant’s name.

(3) The Commission may provide one Assistive Telecommunication Device or one Adaptive Equipment unit to an eligible person.

(a) The Commission may provide up to two accessories, for example, an amplified ringer or wheelchair mount that supports the person’s use of the Assistive Telecommunication Device or Adaptive Equipment.

(b) The Commission may provide up to two Assistive Telecommunication Devices or Adaptive Equipment to a household if more than one eligible person resides in the household.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 5-2017, f. & cert. ef. 5-31-17
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03
PUC 12-1999, f. & cert. ef. 11-18-99
PUC 18-1997, f. & cert. ef. 12-17-97
PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238)
PUC 18-1989, f. & cert. ef. 12-14-89 (Order No. 89-1602)
PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339)

Or. Admin. R. 860-033-0535 Ownership Conditions and Liability

(1) All Assistive Telecommunication Devices or Adaptive Equipment purchased by the Commission remain the property of the State of Oregon for four years from the Commission’s purchase date.

(2) A recipient who received TDAP equipment when under the age of 18 must sign a new Conditions of Acceptance form within 30 calendar days after becoming 18 years of age. Similarly, if there is a change in legal guardian for an adult recipient, the new guardian must sign a Conditions of Acceptance form within 30 calendar days of the change in guardianship.

(3) The Commission will not provide an Assistive Telecommunication Device or Adaptive Equipment to an application or recipient when the applicant or recipient owes any amount of money due and payable to the Commission under the terms of an order.

(4) A recipient may trial two Assistive Telecommunication Devices or Adaptive Equipment for 60 calendar days. The recipient must return one Assistive Telecommunication Device or Adaptive Equipment to the Commission with 30 days after the end of the trial period.

(5) A recipient of an Assistive Telecommunication Device or Adaptive Equipment is responsible for the appropriate care and the costs related to the use of an Assistive Telecommunication Device or Adaptive Equipment.

(6) A recipient may not sell, lease, give away, or loan any Assistive Telecommunication Device or Adaptive Equipment. A recipient may not use any Assistive Device or Adaptive Equipment as collateral for a loan of any type or as a pledge for a pawn loan.

(7) A recipient who moves to a different address within Oregon must report the new address to the Commission within 30 calendar days of the move. Before moving out of Oregon, a recipient must return all Assistive Telecommunication Devices or Adaptive Equipment to the Commission.

(8) Except for the first instance of equipment damage or loss in sections (5), (7), (8)(a), and (8)(b) of this rule, the recipient is financially responsible for:

(a) Damage to the Assistive Telecommunication Device or Adaptive Equipment not caused by normal wear and tear, force majeure, or acts of terrorism;

(b) Loss of the Assistive Telecommunication Device or Adaptive Equipment; or

(9) If the Assistive Telecommunication Device or Adaptive Equipment is stolen, the recipient must notify the law enforcement agency in the jurisdiction where the theft occurred within 24 hours of the time the recipient discovers the theft. The recipient must submit a copy of the law enforcement agency report that describes the theft, includes the location, date, time of discovery and any witnesses’ names, addresses, and telephone numbers to the Commission within five business days of the reported date of the theft.

(10) When the Commission receives notice that recipient is deceased, the Commission may request that the recipient’s alternate contact return the Assistive Telecommunication Device or Adaptive Equipment.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 1-2022, amend filed 01/28/2022, effective 01/28/2022
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97 860-033-0535(5) Renumbered to 860-033-0536; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13

Or. Admin. R. 860-033-0537 Notice of Proposed Assessment, Hearing, and Order

(1) If the recipient does not comply with the requirements in OAR 860-033-0535, the Commission may issue a notice of proposed assessment to the recipient at the address on file with the Commission for the cost to repair or replace the Assistive Telecommunication Device or Adaptive Equipment while it remains the property of the State of Oregon.

(a) The Commission may assess the full replacement cost when the recipient’s violation of OAR 860-033-0535 occurs in the first year following purchase of the Assistive Telecommunication Device or Adaptive Equipment, seventy-five percent of the replacement cost in the second year following its purchase, fifty percent of the replacement cost in the third year following its purchase, and twenty-five percent in the fourth year following its purchase.

(b) Within 30 days after the service of the notice of proposed assessment, the recipient may submit a written request for a hearing. The request for hearing must include a written response that admits or denies all factual matters alleged in the notice of proposed assessment, and alleges any and all affirmative defenses and the reasoning in support thereof. The Commission must receive the request for hearing within 30 days of the date the notice of proposed assessment was mailed.

(c) If the recipient timely files a written request for a hearing as set forth in subsection (b) of this section of this rule, the Commission will grant the recipient a hearing and give at least 10 days’ notice of the time and place of the hearing. The Commission will conduct the hearing under its rules governing hearings and proceedings.

(2) If the Commission does not receive a written request within 30 days, the Commission may enter an order on default based on the information in the Commission’s file. Any amount assessed by the Commission in an order on a notice of proposed assessment is due and payable on the tenth day after the date of the order.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020
PUC 7-2013, f. & cert. ef. 12-20-13
PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
PUC 9-2011, f. & cert. ef. 10-4-11
PUC 12-2009, f. & cert. ef. 11-13-09
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 19-2003, f. & cert. ef. 11-14-03
PUC 12-1999, f. & cert. ef. 11-18-99
PUC 18-1997, f. & cert. ef. 12-17-97

Division 34 SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES

Or. Admin. R. 860-034-0010 Scope of the Rules

(1) Upon request or its own motion, the Commission may waive any of the Division 034 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

(2) The rules contained in this division apply exclusively to telecommunications cooperatives and small telecommunications utilities as defined in section (3) of this rule.

(3) As used in this division:

(a) "Small telecommunications utility" means a telecommunications utility partially exempt from regulation under ORS 759.040;

(b) "Telecommunications utility" has the meaning given the term in ORS 759.005;

(c) "Telecommunications cooperative" or "Type 1 cooperative" means an unincorporated association or cooperative corporation that provides telecommunications services; and

(d) "Type 2 cooperative" means an unincorporated association or cooperative corporation that charges joint rates or provides through services as defined in OAR 860-034-0015.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.045, 759.220 & 759.225
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 6-2009, f. & cert. ef. 5-5-09
PUC 11-2004, f. & cert. ef. 6-2-04
PUC 2-2004(Temp), f. & cert. ef. 1-9-04 thru 7-2-04
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0015 Through Service

History

Statutory/Other Authority: ORS 183 & 759
Statutes/Other Implemented: ORS 756.040 & 759.220
PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0295
PUC 3-1998, f. & cert. ef. 2-24-98

Or. Admin. R. 860-034-0020 Definitions for OAR 860-034-0030 through 860-034-0290

As used in OAR 860-034-0030 through 860-034-0290:

(1) "Applicant" means a person who:

(a) Applies for service with a small telecommunications utility; or

(b) Reapplies for service at a new or existing location after service has been discontinued.

(2) "Customer" means a person who has applied for, been accepted, and is currently receiving service. Notwithstanding section (1) of this rule, a customer who voluntarily disconnects service and later requests service with the same small telecommunications utility at a new or existing location within 20 days after disconnection retains customer status.

(3) "Local exchange service" has the meaning given to "local exchange telecommunications service" in ORS 759.005(3).

(4) "OTAP" has the meaning given to "Oregon Telephone Assistance Program" in OAR chapter 860, division 033.

(5) "Registered dispute" means an unresolved issue between a customer or applicant and a small telecommunications utility that is under investigation by the Commission’s Consumer Services Division but is not the subject of a formal complaint.

(6) "Regulated charges" means charges for services delivered in Oregon and subject to the jurisdiction and approval of the Commission.

(7) "Utility service" means a service which is subject to Commission jurisdiction including local exchange service and intraLATA toll service.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 7-2019, minor correction filed 11/08/2019, effective 11/08/2019
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-1999, f. & cert. ef. 8-12-99
PUC 5-1998, f. & cert. ef. 3-13-98
PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0030 Applications for Service from a Small Telecommunications Utility

(1) An application for telecommunications utility service must be made when:

(a) Service is requested by a person who has not previously been served by the small telecommunications utility; or

(b) Service has been involuntarily discontinued in accordance with these rules, and the person later seeks to have service restored.

(2) An application for telecommunications utility service may be requested when service has been voluntarily discontinued, and a request to restore service has not been made within 20 days.

(3) An application is a request for telecommunications utility service. The small telecommunications utility shall not accept an application for service until the applicant:

(a) Establishes credit as set forth in OAR 860-034-0140; or

(b) Pays a deposit or deposit installment to the small telecommunications utility.

(4) A small telecommunications utility may require an applicant to provide the following information when applying for service:

(a) The name of person(s) responsible for payment on the account;

(b) The name to be used to identify the account, if different than the actual name;

(d) The social security number of person(s) responsible for payment on the account;

(e) A current valid Oregon driver license number of the person(s) responsible for payment on the account;

(f) The service address;

(g) The billing address, if different than service address; and

(h) Any available telephone numbers where the applicant can be reached night and day.

(5) In lieu of providing a valid social security number or current valid Oregon driver license number under section (3) of this rule, an applicant may provide:

(a) A valid state or federal identification containing name and photograph of the person(s) responsible for payment on the account;

(b) A combination of:

(A) An original or certified true copy of his or her birth certificate;

(B) A current identification from school or employer containing a photograph; and

(C) The name, address, and telephone number of a person who can verify the applicant's identity, such as a teacher, employer, or caseworker; or

(6) If an applicant is denied service for failure to provide an acceptable form of identification, the applicant may pursue conflict resolution under the Commission’s rules.

(7) Upon request, the small telecommunications utility shall protect the account from access by others through the use of a personalized password or other means acceptable to both the small telecommunications utility and the customer.

(8) A small telecommunications utility shall protect the identity of a customer at risk of domestic violence or other abuse. At its option, the small telecommunications utility shall provide the identity protection by allowing the customer to use a modified or alternative name for a directory listing or by providing, at no cost, a non-published listing in accordance with other applicable tariff provisions for the length of time the endangerment exists. A customer requesting a nonpublished listing under this section must provide:

(b) An affidavit, stating that the customer is financially unable to pay for the nonpublished listing.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0040 Information for Utility Customers and Applicants

(1) Each small telecommunications utility shall, upon request, furnish each customer and applicant with such information as is reasonable to permit them to secure efficient service.

(2) Each small telecommunications utility shall keep on file and open for public inspection at its offices, complete rate schedules, contract forms, rules and regulations of the utility, and a copy of the Commission’s rules and regulations.

(3) Each small telecommunications utility shall supply, upon request, a copy of the tariffs applicable to the type or types of service furnished to the customer by the utility.

(4) Upon application for new service, or upon subsequent request, the small telecommunications utility shall assist the customer or applicant in selecting the most advantageous rate to meet individual service requirements. The customer or applicant shall be responsible for making the final selection of a rate schedule.

(5) When service is initiated and not less than once each year thereafter, every small telecommunications utility shall give its residential customers a written summary of their rights and responsibilities. If service is initiated without a personal visit between the small telecommunications utility and the customer, the utility shall mail the summary to the customer no later than when the first bill statement is mailed. A small telecommunications utility satisfies the annual notification requirement by prominent publication of the information in a telephone directory distributed to its customers annually. The summary shall include the text of a summary prepared by the Commission’s Consumer Services Division or prepared by the small telecommunications utility and approved by the Commission that describes:

(a) The customer’s option to designate a third party to receive bills and notices and the availability of notices in languages other than English;

(b) Applicable financial assistance programs, such as the Oregon Telephone Assistance Program and Link-Up America;

(d) Special payment options. Late-payment charges, if any, shall be explained, along with the availability of any preferred billing date option;

(e) Procedures for conflict resolution, including how to register a dispute with the small telecommunications utility and with the Commission and the toll-free number of the Commission’s Consumer Services Division;

(f) Listings of consumer organizations that participate in Commission proceedings, including addresses and telephone numbers, may be requested from the Commission’s Consumer Services Division; and

(g) The Commission’s telephone solicitation rules.

(6) When service is initiated, the small telecommunications utility shall inquire whether the customer would like to receive notices in a language other than English and will inform the customer of the type of notices and translations currently available. If the language chosen is not available, the small telecommunications utility will tell the customer the translated version does not yet exist, but that the customer’s interest will be recorded for the Commission. Each small telecommunications utility shall retain a record of the number of requests for notices and summaries in non-English languages in a format that can be forwarded to the Commission immediately upon request. The reports shall specify the number of requests for each language.

(7) Notices approved by the Commission shall be posted in a conspicuous place in each small telecommunications utility office where credit matters are transacted, setting forth the rights and responsibilities of customers under these rules. The notices shall be printed in large boldface type and shall be written in language that is easy to understand.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-1999, f. & cert. ef. 8-12-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0050 Multilingual Notices

(1) A small telecommunications utility shall provide a multilingual disconnect notice when 5 percent or 500 customers, whichever is the lesser, have requested such a notice.

(2) Disconnect notices as required in section (1) of this rule shall contain the following information translated into the requested languages:

IMPORTANT NOTICE: Your telephone services will be shut off due to an unpaid balance on your account. You must act immediately to avoid shutoff. Important information about how you can avoid shutoff is printed in English in the enclosed notice. If you cannot understand English, please find someone to translate the notice. If translation assistance is unavailable, please contact (name) at (phone number) who will try to help you. Information on customer's rights and responsibilities printed in this language is also available by calling that number. YOU MUST ACT NOW TO AVOID SHUTOFF.

(3) The Commission may grant a waiver of the multilingual notice requirement under OAR 860-034-0010(1), for a period not to exceed two calendar years, if the small telecommunications utility shows that it Oregon customers would not benefit from such notice. The small telecommunications utility may request a waiver of the multilingual notice every two years.

(4) The Commission will translate a consumer's rights and responsibilities summary into the following non-English languages: Spanish, Vietnamese, Cambodian, Laotian, and Russian. The Commission will provide copies to a small telecommunications utility upon request.

(5) The small telecommunications utility shall record all requests and promptly mail the requested version of the summary to the consumer.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.030
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 14-1997, f. & cert. ef. 11-20-97
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0060 Dispute Resolution

(1) When a dispute occurs between a customer or applicant and a small telecommunications utility about any charge or service, the utility must:

(a) Thoroughly investigate the matter;

(b) Promptly report the results of its investigation to the complainant;

(e) Retain records of the dispute for at least 36 months after the investigation is closed.

(2) If the utility and complainant cannot resolve the dispute, the small telecommunications utility must inform the complainant of the right to contact the Consumer Services Section and request assistance in resolving the dispute. The small telecommunications utility must provide the following contact information for the Consumer Services Section:

(a) Telephone: 503-378-6600; 1-800-522-2404; TTY 711;

(b) Mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon 97308;

(d) Electronic mail address: puc.consumer@puc.oregon.gov; and

(e) Website: https://apps.puc.state.or.us/consumer/complaint.asp.

(3) The Consumer Services Section will investigate any dispute upon request to determine whether it can be resolved as an informal complaint.

(4) If the Consumer Services Section cannot resolve the dispute, the complainant may file a formal written complaint with the Commission under ORS 756.500. The formal complaint must be submitted on an approved form available from the Consumer Services Section.

(a) The complaint must be filed electronically with the Filing Center at PUC.FilingCenter@puc.oregon.gov.

(b) If the complainant does not have access to electronic mail,

(A) The complaint may be mailed or delivered to the Filing Center at the address set out in OAR 860-001-0140; and

(B) The complaint must include a request for waiver of electronic service and filing requirements. This request is included on the form available from the Commission’s Consumer Services Division.

(c) The Commission will serve the complaint on the small telecommunications utility. The Commission may electronically serve the small telecommunications utility with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file.

(d) The small telecommunications utility must answer the complaint within 15 days of service of the complaint by the Commission.

(e) The Commission will determine a procedural schedule after the small telecommunications utility’s answer is filed. The small telecommunications utility must serve a copy of its answer on the complainant.

(A) If the small telecommunications utility files a motion to dismiss, the complainant may file a response within 15 days of the motion. If the complainant responds, the complainant must file the response with the Filing Center and send a copy to the utility. The Commission may make a decision on the formal complaint based on the information in the complaint, the small telecommunications utility’s response and motion to dismiss, and the complainant’s response to the utility’s motion; or

(B) The Commission may set a procedural schedule for the complaint proceedings, including, but not limited to, scheduling dates for receiving additional information from the parties, telephone conferences, or a hearing. A hearing may be held on less than 10 days’ notice when good cause is shown.

(6) Upon filing a formal complaint relating to a proposed or actual termination of service, the complainant may request a hearing to determine whether the complainant is entitled to continued or restored service pending resolution of the complaint. Unless extraordinary circumstances exist, the Commission will conduct the hearing by telephone within three business days. Notice of the hearing will be provided to the complainant and the small telecommunications utility at least 12 hours before the date and time of the hearing. Pending resolution of the dispute, the complainant's obligation to pay undisputed amounts continues.

(7) A complainant who has a registered dispute or formal complaint pending with the Commission is entitled to continued or restored service provided:

(a) Service was not terminated for tampering with utility property, stealing, diverting, or using unauthorized service or failure to establish credit;

(b) A bona fide dispute exists in which the facts asserted entitle the complainant to service;

(d) The complainant diligently pursues conflict resolution under the Commission's rules.

(8) If the conditions in section (7) of this rule are not satisfied, the small telecommunications utility has no obligation to provide continued service. A small telecommunications utility discontinuing service because of a failure to meet the conditions of subsections (7)(c) or (7)(d) of this rule must give the customer five-day notice served in the same manner as provided by OAR 860-034-0260 except the notice need only describe the defect in performance, the date and time after which utility service will terminate, and the toll-free number of the Commission's Consumer Services Division.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.045 & ORS 759.500
PUC 8-2026, amend filed 06/24/2026, effective 06/25/2026
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 11-2003, f. & cert. ef. 7-3-03
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 8-1999, f. & cert. ef. 10-18-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0070 Designation of Third Party to Receive Notices

Each small telecommunications utility shall offer its customers the option to designate a third party to receive bills and notices set forth in these rules. When a small telecommunications utility receives such designation, it shall send bills and notices required under these rules to the representative, with duplicate copies of disconnect notices also served on the customer.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0080 Restrictions on Entering a Customer Residence

No employee of a small telecommunications utility shall enter the residence of a customer without proper authorization except in an emergency endangering life or property.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0090 Interruption of Utility Service

(1) Each small telecommunications utility shall keep a record of any interruption of service affecting its whole system, or a major section thereof, including a statement of the time, duration, and cause of interruption.

(2) Each small telecommunications utility shall make all reasonable efforts to prevent interruptions of service and when such interruptions occur, shall endeavor to reestablish service with the shortest possible delay consistent with the safety of its customers and the general public.

(3) Each small telecommunications utility shall make all reasonable efforts to notify every customer affected in advance of any scheduled work that will interrupt service, but such notice shall not be required in case of interruption due to emergency repairs or for repairs or maintenance work that results in an interruption of less than five minutes. In determining reasonable notice, the small telecommunications utility shall consider the length of the planned interruption, the type and number of customers affected, the potential impact of the interruption on customers, and other surrounding circumstances. Notice may be given in writing, either via US mail or a door hanger on the affected premises, or by contact with the customer or an adult at the residence by personal visit or by telephone.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0095 Annual Fees Payable to the Commission by a Small Telecommunications Utility

(1) On statement forms prescribed by the Commission, each small telecommunications utility must provide the requested information for the subject year.

(2) Each small telecommunications utility must pay to the Commission an annual fee on gross retail intrastate revenue derived within Oregon at a rate determined by Commission orders entered on or before November 1 of each year.

(d) A service fee in accordance with OAR 860-001-0050 for each payment returned for non-sufficient funds.

(e) All costs incurred by the Commission to collect a past-due annual fee from the utility.

(4) Each small telecommunications utility must:

(a) Collect the annual fee by charging an equitable amount to each retail customer, using apportionment methods that are consistently applied by the utility throughout Oregon; and

(b) Describe the amount of the apportioned charge upon each retail customer's bill.

(5) Each small telecommunications utility must:

(a) Maintain its records in sufficient detail to readily provide gross retail intrastate revenue from Oregon telecommunications services, as defined in OAR 860-032-0080;

(b) Follow the revenue allocation procedures in OAR 860-032-0090; and

(6) For any year in which a small telecommunications utility's statement form was due, the Commission may audit the utility as the Commission deems necessary and practicable:

(a) The Commission's audit must begin no later than three years after the statement form's due date.

(c) If the Commission determines that the utility has overpaid its annual fee, the Commission may, at is discretion, recompense the utility with a refund or a credit against annual fees subsequently due.

History

Statutory/Other Authority: ORS 183, 192, 756, 759
Statutes/Other Implemented: ORS 756.310, 756.320, 756.350
PUC 6-2019, amend filed 09/25/2019, effective 09/25/2019
PUC 7-2015, f. & cert. ef. 9-8-15
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 20-2003, f. & cert. ef. 11-14-03
PUC 8-2003, f. & cert. ef. 4-28-03
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 13-1999, f. & cert. ef. 12-7-99

Or. Admin. R. 860-034-0097 Estimated Annual Fees Payable to the Commission

(1) For any year in which a small telecommunications utility fails to file a completed statement form, the Commission may determine a proposed annual fee based upon any information available to the Commission. The proposed annual fee must:

(a) Include a penalty fee for failure to pay as required by ORS 756.350;

(b) Include a late statement fee in accordance with OAR 860-011-0080; and

(2) The Commission must provide written notice of the proposed annual fee to the small telecommunications utility.

(3) Within 30 days after service of the notice of proposed annual fee, the small telecommunications utility may file a petition with the Commission for a hearing. In its petition, the utility must specify its reasons for disputing the proposed annual fee. The Commission may conduct a hearing on the petition under its rules governing hearings and proceedings.

(4) If the small telecommunications utility does not file a petition within the 30-day period, the proposed annual fee is and payable.

(5) During the 30-day period allowed for filing a petition, the small telecommunications utility may file its completed statement form and pay the annual fee, penalties, and late statement fee. The Commission will accept the statement form, fees, and penalties in accordance with the original due date for that year’s statement form and payment.

History

Statutory/Other Authority: ORS 183, 192, 756 & 759
Statutes/Other Implemented: ORS 756.040, 756.310, 756.320 & 756.350
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 20-2003, f. & cert. ef. 11-14-03
PUC 8-2003, f. & cert. ef. 4-28-03

Or. Admin. R. 860-034-0100 Temporary Utility Service

Each small telecommunications utility may render temporary service to a customer and may require the customer to bear all the cost of installing and removing the service in excess of any salvage realized. The length of temporary service shall be specified in the applicable tariffs on file with the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0110 Due and Payable Period

(1) Each small telecommunications utility shall establish procedures to ensure that the period from the billing transmittal for all current charges, including payment of final bills, to the due date, is not less than 15 days.

(2) If the bill is delivered by US mail, the due and payable period begins the day after the US Postal Service postmark or the day after the date of postage metering.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-1999, f. & cert. ef. 8-12-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0120 Late-Payment Charge

(1) A small telecommunications utility may apply a late-payment charge to customer accounts not paid in full each month, provided the utility has filed the late-payment charge in its rate schedule.

(2) The charge will be based on a monthly late-payment rate applied to overdue account balances at the time of preparing the subsequent month's bill for residential accounts or by the bill due date for all other accounts. The late-payment charge may not be applied to time-payment accounts that are current. The current late-payment rate and the conditions for its application to customer accounts must be specified on the utility bill.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.040 & 759.045
PUC 6-2009, f. & cert. ef. 5-5-09
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 4-1999, f. & cert. ef. 8-12-99
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0130 Adjustment of Utility Bills

(1) When a small telecommunications utility has incorrectly billed a retail customer, the utility must take corrective action as follows:

(a) If the date of the error can be determined, the small telecommunications utility must issue a bill credit or refund for the over-charge or a corrected bill for the under-charge back to such date. If the date of the error cannot be determined, the small telecommunications utility must issue a refund or bill credit for the over-charge or rebill the under-charge for no more than six months’ usage.

(b) In no event may a small telecommunications utility issue a corrected bill or refund for more than three years of incorrectly billed charges.

(2) When a small telecommunications utility issues a bill to collect under-billed amounts, a customer may enter into a time-payment agreement as provided in OAR 860-034-0276. If the utility customer is already on a time-payment plan, the utility must offer to renegotiate the payment plan to include the under-billing error. If the customer and utility cannot agree upon payment terms, the Commission will establish terms and conditions to govern the customers’ obligation.

(3) When a small telecommunications utility requires payment for amounts previously under-billed, the utility must provide a written notice that explains:

(a) The circumstance and time period of the under-billing;

(b) The corrected bill amount and the amount of the necessary adjustment,

(d) The right for a customer to enter into a time-payment agreement with the utility.

(4) The small telecommunications utility may waive rebilling or issuing a refund check when costs make such action uneconomical.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 5-2014, f. & cert. ef. 6-26-14
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-1999, f. & cert. ef. 8-12-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0140 Establishing Credit for Residential Utility Service

(1) An applicant or customer may demonstrate satisfactory credit for new or continuing service by showing any of the following, provided that a deposit is not required under section (2) of this rule:

(a) Received 12 months of continuous telecommunications utility service during the preceding 24 months and the small telecommunications utility can verify, either by contacting the former utility or through an authorized letter provided by the applicant or customer, that the applicant or customer voluntarily terminated service and timely paid for all services rendered; or

(b) Proof of ability to pay by providing either:

(A) Proof of employment during the entire 12 months previous to the application of service for person(s) responsible for payment on the account and a work telephone number to enable the small telecommunications utility to verify employment; or

(B) A statement or other documentation from the income provider or an authorized representative, that the small telecommunications utility can verify, indicating that the applicant or customer receives a regular source of income.

(2) In addition to the methods of demonstrating satisfactory credit set forth in section (1) of this rule, a small telecommunications utility may choose to offer an applicant the option of demonstrating satisfactory credit by meeting minimum credit requirements approved by the Commission.

(3) An applicant or customer may be required to pay a deposit at the time of application for new or continued service when:

(a) The applicant or customer is unable to establish credit as defined in section (1) of this rule;

(b) The applicant or customer received the same type of utility service from it or any Oregon telecommunications utility or telecommunications cooperative, as defined in ORS 759.005, within the preceding 24 months and owed an account balance that was not paid in full when service was terminated. Subsection (2)(b) of this rule does not apply to a customer who registered a dispute with the Commission within 60 days after service was terminated and who paid all undisputed or adjudicated amounts; or

(c) The applicant or customer was previously terminated for theft of service by any Oregon telecommunications utility or telecommunications cooperative as defined in ORS 759.005, was found to have tampered with other telecommunications utility facilities, or was otherwise found to have diverted telecommunications utility service.

(4) In lieu of paying a deposit, an applicant or customer may provide the small telecommunications utility a written surety agreement from a responsible party to secure payment in an amount equal to two months' average usage. For purposes of section (3) of this rule, a responsible party is a customer with the same utility who meets one of the qualifying conditions outlined in section (1) of this rule. The surety agreement obligation will automatically terminate should the responsible party no longer meet the conditions set forth herein. In the event a responsible party is subsequently found not to qualify, the applicant or customer will be required to either pay a deposit or obtain a written surety agreement from another responsible party. The surety obligation ceases when the customer establishes good credit.

(5) Deposits for telecommunications service shall be based upon two months' average or estimated bills for usage of the applicable telecommunications utility's tariff and price-listed services. Each deposit shall be rounded to the nearest whole dollar. For telecommunications service, applicants eligible for Oregon Telephone Assistance Program (OTAP) funding and who voluntarily elect to receive toll-blocked service, no deposit may be charged. The small telecommunications utility shall make toll blocking available at no charge to all applicants identified in OAR 860-033-0030.

(6) A new or additional deposit, calculated as provided by sections (4) of this rule with the most recent information available, may be required from a customer as a condition of continued service when:

(a) The small telecommunications utility discovers that the customer gave false information to establish an account and/or credit status;

(b) The small telecommunications utility discovers that the customer has stolen utility service, has tampered with the meter or other utility facilities, or was otherwise found to have diverted utility service; or

(c) If service records for the customer indicates unbilled intraLATA toll activity under the small telecommunications utility’s tariff and price list is greater than the basis of the prior deposit.

(7) Paying a deposit does not excuse a customer from complying with the small telecommunications utility's tariffs or other regulations on file with the Commission, such as the obligation to promptly pay bills.

(8) A small telecommunications utility may file a tariff that contains less stringent deposit requirements than those specified in this rule.

History

Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 1987
Statutes/Other Implemented: ORS 759.045 & Ch. 290 & OL 1987
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 11-2004, f. & cert. ef. 6-2-04
PUC 2-2004(Temp), f. & cert. ef. 1-9-04 thru 7-2-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 5-1998, f. & cert. ef. 3-13-98
PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0150 Payment Arrangements for Deposit and Installation Charges for Residential Utility Service

(1) Time payments for deposits and nonrecurring charges shall be limited to charges for residential utility service and intraLATA toll. When a small telecommunications utility requires deposits and/or nonrecurring charges to establish or reestablish utility service from an applicant, the applicant shall pay the deposit and/or nonrecurring charges in four installments. The first installment is due immediately; the remaining shall be paid in three installments which shall be due 30, 60, and 90 days, respectively, after the date the payment agreement is executed. Except for last payment, installments shall be the greater of $20 or one-fourth of the deposit and/or nonrecurring charges. In communicating with an applicant to establish utility service or to require a deposit and/or nonrecurring charges, the small telecommunications utility shall inform the applicant of the availability of Link-Up America and Oregon Telephone Assistance Program benefits and inform the customer or applicant that details are available from the Commission.

(2) When a customer makes an installment payment or a deposit with a payment for utility service, the small telecommunications utility shall first apply the amount paid toward the amount due for deposit and/or nonrecurring charges.

(3) A customer who is required to pay an additional deposit shall pay one-fourth of the total deposit or $20, whichever is greater, within five days to the small telecommunications utility. The remainder of the deposit is due under the terms of section (1) of this rule. If the customer has an existing deposit installment agreement, the remaining installment payments will be adjusted to include the additional deposit; however, two installment payments cannot be required within the same 30-day period.

(4) When a customer enters into an installment agreement for payment of a deposit and/or nonrecurring charges under section (1) of this rule, the small telecommunications utility shall provide written notice explaining its deposit and nonrecurring charges requirements. The notice shall specify the date each installment payment shall be due and shall include a statement printed in bold-face type informing the customer that utility service will be disconnected if the small telecommunications utility does not receive the payment when due.

(5) If a customer fails to abide by the terms of an installment agreement, the small telecommunications utility may disconnect local exchange service after providing a written five-day notice. The notice shall contain the information set forth in OAR 860-034-0260(3)(a) through (e) and shall be served as required by 860-034-0260(4) and (5). In lieu of permanent disconnection, the small telecommunications utility may curtail service pursuant to OAR 860-034-0260(7).

(6) When good cause exists, the small telecommunications utility may provide or the Commission may require, more liberal arrangements for payment of deposits and/or nonrecurring charges than those set forth in this rule. The small telecommunications utility shall keep a written record of the reasons for such action.

(7) If disconnection for nonpayment of a deposit and/or nonrecurring charges occurs, the customer disconnected shall pay the full amount of the deposit and/or nonrecurring charges, any applicable reconnection fee, late-payment fee, and past due amount before service is restored. A customer may continue with an existing medical certificate time-payment agreement by paying all past-due installments.

History

Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 1987
Statutes/Other Implemented: ORS 759.045 & Ch. 290 & OL 1987
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0160 Interest on Deposits for Residential and Nonresidential Utility Service

(1) Each year, the Commission shall establish an annual interest rate that must be paid on customer deposits. The Commission will base the rate upon consideration of the effective interest rate for new issues of one-year Treasury Bills issued during the last week of October, the interest rate on the most recent issuance of one-year Treasury Bills, or the effective interest rate for the average yield of Treasury Bills of the closest term issued during the last week of October. This interest rate, rounded to the nearest one-half of one percent, shall apply to deposits held during January 1 through December 31 of the subsequent year. The Commission will advise all small telecommunications utilities of the changes in the rate to be paid on customer deposits held as needed.

(2) Upon payment of a deposit, the small telecommunications utility shall provide the customer documentation showing the date, name of the applicant or customer, the service address, the amount of deposit, a statement that the deposit will accrue interest at the rate prescribed by the Commission, and an explanation of the conditions under which the deposit will be refunded.

(3) If the deposit is held beyond one year, accrued interest will be paid by a credit to the customer’s account. If held less than one year, interest will be prorated. A small telecommunications utility shall keep a detailed record of each deposit received until the deposit is credited or refunded.

History

Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 1987
Statutes/Other Implemented: ORS 759.045 & Ch. 290 & OL 1987
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1997, f. & cert. ef. 10-30-97
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0170 Refund of Deposits for Residential and Nonresidential Utility Service

(1) A small telecommunications utility shall promptly refund a customer’s deposit with accrued interest when utility service is terminated, provided a refund due shall first be applied to any unpaid balance on the customer’s account.

(2) A small telecommunications utility may continue holding a deposit until credit is satisfactorily established or reestablished. For purposes of this rule, credit shall be considered to be established or reestablished if one year after a deposit is made:

(a) The account is current;

(b) Not more than two five-day disconnection notices were issued to the customer during the previous 12 months; and

(4) When the customer moves to a new address within the small telecommunications utility’s service area, the deposit, plus accrued interest, will be transferred to the new account.

(5) Deposits plus accrued interest may be refunded or credited, in whole or in part, to the customer’s account at any time earlier than prescribed in this rule, provided that procedures followed by the small telecommunications utility are nondiscriminatory.

(6) Unless otherwise specified by the customer, a small telecommunications utility shall mail deposit refunds to the customer’s last known address. The small telecommunications utility shall promptly honor a valid claim for payment of refund if the request is received within one year of the date utility service is terminated. Funds held beyond one year will be disposed of in accordance with ORS 98.316.

History

Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 1987
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0180 Grounds for Disconnecting Utility Service

Utility service may be disconnected by a small telecommunications utility:

(1) When the applicant or customer fails to pay a deposit or make payments in accordance with the terms of a deposit payment arrangement.

(2) When the applicant or customer provides false identification to establish service, continue service, or verify identity.

(3) When the customer fails to pay Oregon tariff or price listed charges due for services rendered.

(4) When the customer fails to abide by the terms of a time payment agreement.

(5) When the customer requests the small telecommunications utility to disconnect service or close an account.

(6) When facilities provided are unsafe or do not comply with state and municipal codes governing service or the rules and regulations of the small telecommunications utility.

(7) When dangerous or emergency conditions exist at the service premises under OAR 860-034-0200.

(8) When there is evidence of diverting service or theft of service.

(9) When the Commission approves the disconnection of service.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 9-2009, f. & cert. ef. 8-25-09
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0190 Voluntary Disconnection of Utility Service

Every customer who is about to vacate any premises supplied with utility service by the small telecommunications utility, or who for any reason wishes to have such service discontinued, shall give five days’ notice in advance of specified date of discontinuance of service to the small telecommunications utility. Until the small telecommunications utility shall have such notice, the customer shall be held responsible for all utility service rendered.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0200 Emergency Disconnection of Utility Service

In emergencies endangering life or property, a small telecommunications utility may terminate utility service without following the procedures set forth in division 34. However, the small telecommunications utility shall immediately thereafter notify the Commission. In such cases, where the necessity for emergency termination was through no fault of the customer, there will be no charge made for restoration of utility service.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0210 Disconnection of Utility Service on Weekends and Holidays

Utility service shall not be disconnected for nonpayment on or the day prior to a weekend or a state or utility-recognized holiday

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0220 Accounts Not Related to Residential Utility Service

A small telecommunications utility may not deny or disconnect residential utility service due to the failure to pay for nonresidential utility service, or to meet obligations in connection with nonresidential utility service.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0230 Reconnection Fee for Utility Service

Where a utility service is disconnected pursuant to OAR 860-034-0180, the small telecommunications utility may charge the reconnection fee set forth in its tariff.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0240 Transfer Billings

(1) If a small telecommunications utility identifies a balance a customer owes the utility from the customer’s prior account for Oregon utility service, the small telecommunications utility may transfer the amount to the customer’s current account after giving the customer notice of the transfer, the amount due under the prior account, the period of time during which the balance was incurred, and the service address or telephone number under which the bill was incurred. The notice must also meet the provisions of OAR 860-034-0260(3)(d) and (e). If the bill is identified at the time a customer changes residences, the provisions of this rule apply. A small telecommunications utility may pursue disconnection for nonpayment of a customer’s current utility service only in compliance with 860-034-0260.

(2) A small telecommunications utility shall make more liberal payment arrangements for customers on medical certificates who cannot reasonably be expected to pay the outstanding balance in the time otherwise applicable under this rule.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-1999, f. & cert. ef. 8-12-99
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0250 Refusal of Utility Service

(1) Refusal of utility service by a small telecommunications utility:

(a) A small telecommunications utility may refuse to provide service to a customer or applicant until the utility receives full payment of any overdue amount of an Oregon tariffed or price-listed charge and any other like obligation related to a prior account except for residential utility service applicants who are eligible for OTAP.

(b) A small telecommunications utility may refuse to provide utility service to a residential customer or applicant who is eligible for OTAP until the utility receives full payment of any overdue amount relating to a prior account for tariffed local exchange and price-listed utility services, excluding any toll charges.

(2) A small telecommunications utility may refuse to provide utility service until the utility receives payment when all the following circumstances exist:

(a) An overdue balance has been incurred by a residential customer or applicant at a service address;

(b) A residential applicant for utility service resided at the service address described in subsection (2)(a) of this rule during the time the overdue balance was incurred; and

(c) The residential customer or applicant described in subsection (2)(a) of this rule will reside at the location to be served under the new application.

(3) Any small telecommunications utility shall refuse to provide utility service if a customer or applicant has not complied with state and city codes and regulations governing service and with the small telecommunications utility’s rules and regulations.

(4) A small telecommunications utility shall not provide utility service or materially change service to a customer if, in the utility’s best judgment, the desired service is likely to unfavorably affect service to other customers.

(5) A small telecommunications utility shall refuse to serve a customer or applicant if, in the best judgment of the utility, the facilities of the customer or applicant cannot provide safe and satisfactory utility service.

(6) When the small telecommunications utility refuses to provide utility service, the small telecommunications utility shall notify the customer or applicant of the reasons for refusal and of the Commission’s complaint process.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 22-2002, f. & cert. ef. 12-9-02
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 5-1998, f. & cert. ef. 3-13-98
PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0260 Disconnection Procedures for Commercial and Residential Utility Customers

(1) This rule applies to the involuntary termination of all utility service provided by a small telecommunications utility.

(2) The small telecommunications utility must provide written notice to the customer at least five business days before disconnecting service except when the disconnection is made:

(a) At the request of the customer; or

(b) When the facilities provided are unsafe creating an emergency endangering life or property under OAR 860-021-0315.

(3) The notice must be printed in boldface type and must state language that is as clear and simple as possible:

(a) The reasons for the proposed disconnection;

(b) The earliest date for disconnection;

(d) An explanation of the Commission's complaint process and the Commission's toll-free number; and

(e) An explanation of the availability of an emergency medical certificate for local exchange residential service customers under OAR 860-034-0270.

(4) The small telecommunications utility may not send the notice before the due date for payment for the utility services billed.

(5) The small telecommunications utility must serve the notice of disconnection in person or send it by first-class mail to the last known addresses of the customer and the customer's designated representative. Notice is served on the date of personal delivery or, if delivery is by U S Mail, on the day after the U S Postal Service postmark or postage metering.

(6) If a premises visit is required to complete disconnection, the small telecommunications utility must make a good-faith effort to personally contact the customer or a resident at the service address to be disconnected. If the small telecommunications utility's attempt to make personal contact fails, the utility must leave a notice in a conspicuous place at the premises informing the customer that service has been disconnected.

(7) In lieu of permanent disconnection, a small telecommunications utility may temporarily curtail utility service by preventing the transmission of incoming telephone messages and/or outgoing toll messages while continuing to let the customer make outgoing local messages. Temporary curtailment of utility service, as defined in this section, shall be permitted only upon five days' written notice as set forth in section (3) of this rule. The notice shall state that permanent disconnection will follow within ten days unless the customer makes full payment of any overdue amount or any other obligation.

(8) Except for utility service provided by a small telecommunications utility to its customers served by an office incapable of restricting toll service, a small telecommunications utility shall not disconnect or deny local exchange service for an applicant's or customer's failure to pay for utility services not under the local exchange utility's tariff or price list. A small telecommunications utility may limit access to toll and special services using the "9XX" prefix or Numbering Plan Area (NPA) for the failure to pay for such services.

(9) A small telecommunications utility may not disconnect or deny local service to customers or applicants, who are eligible to receive OTAP, for failure to pay toll charges.

(10) A small telecommunications utility may request a limited waiver of the requirement of section (9) of this rule under OAR 860-034-0010(1), upon meeting all the following conditions:

(a) Showing the small telecommunications utility would incur substantial costs in complying with the requirement;

(b) Demonstrating the small telecommunications utility offers toll-blocking services to customers identified in section (9) of this rule; and

(c) Showing that telecommunications subscribership among low-income customers in its service area in Oregon is at least as high as the national subscribership level for low-income customers.

History

Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 1987
Statutes/Other Implemented: ORS 759.045 & Ch. 290 & OL 1987
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 9-2009, f. & cert. ef. 8-25-09
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-1999, f. & cert. ef. 8-12-99
PUC 5-1998, f. & cert. ef. 3-13-98
PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0270 Emergency Medical Certificate for Residential Utility Service

(1) A small telecommunications utility shall not disconnect local exchange residential service if the customer submits certification from a qualified medical professional stating that disconnection would significantly endanger the physical health of the customer or a member of the customer’s household. “Qualified medical professional” means a licensed physician, nurse-practitioner, or physician’s assistant authorized to diagnose and treat the medical condition described without direct supervision by a physician.

(2) An oral certification must be confirmed in writing within 14 days by the qualified medical professional prescribing medical care. A written certification must include:

(a) The name of the person to whom the certificate applies and relationship to the customer;

(b) A complete description of the health conditions;

(c) An explanation of how the person’s physical health will be significantly endangered by terminating the utility service;

(d) A statement indicating how long the health condition is expected to last;

(e) A statement specifying the particular type of utility service required (for example, access to medical facility for telemonitoring); and

(f) The signature of the qualified medical professional prescribing medical care.

(3) If an emergency medical certificate is not submitted in compliance with section (2) of this rule, the small telecommunications utility may disconnect local exchange service after providing five days’ notice to the customer. The notice shall contain the information set forth in OAR 860-034-0260(3)(a) through (d) and shall be served as required by OAR 860-034-0260(4) and (5).

(4) An emergency medical certificate shall be valid only for the length of time the health endangerment is certified to exist, but no longer than six months without renewal.

(5) A customer submitting an emergency medical certificate:

(a) Remains responsible for payment of telecommunications services provided by the small telecommunications utility; and

(b) Must enter into a time payment agreement with the small telecommunications utility pursuant to OAR 860-034-0276 if the customer has an overdue balance. This time payment agreement must be entered into within 10 days after submission of the certificate.

(6) A small telecommunications utility may verify the accuracy of an emergency medical certificate. If the small telecommunications utility believes a customer does not qualify, or no longer qualifies for an emergency medical certificate, the utility may apply to the Commission for permission to disconnect utility service to the customer.

(7) After notice to the Commission, a small telecommunications utility may terminate local exchange residential service if the utility providing the service lacks the technical ability to terminate toll telecommunications service without also terminating local exchange service.

History

Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 1987
Statutes/Other Implemented: ORS 759.045 & Ch. 290 & OL 1987
PUC 3-2006, f. & cert. ef. 2-27-06
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 5-1998, f. & cert. ef. 3-13-98
PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0275 Termination of Local Exchange Residential Service for Telecommunications Customers at Significant Risk

(1) "At significant risk" means:

(a) At risk of domestic violence, as defined in ORS 135.230;

(b) At risk of unwanted sexual contact, as defined in ORS 163.305;

(c) A person with disabilities, as defined in ORS 124.005, who is at risk of abuse, as defined in ORS 124.005(1)(a), (1)(d), or (1)(e);

(d) An elderly person, as defined in ORS 124.005, who is at risk of abuse, as defined in ORS 124.005(1)(a), (1)(d), or (1)(e); or

(e) A victim of stalking, as described in ORS 163.732.

(b) A copy of any other court order that restrains another person from contact with the customer, or a person in the household of the customer, due to a significant risk; and

(3) A small telecommunications utility must establish and maintain procedures for receiving affidavits and orders from customers.

(4) A customer submitting an affidavit under section (2) of this rule:

(a) Remains responsible for payment of telecommunication services provided by the small telecommunications utility; and

(b) Must enter into a time payment agreement with the small telecommunications utility pursuant to OAR 860-034-0276 if the customer has an overdue balance. This time payment agreement must be made within 10 days after submission of the affidavit.

(5) If a customer who has submitted an affidavit and order fails to enter into or abide by the terms of a time payment agreement pursuant to OAR 860-034-0276, the small telecommunications utility may disconnect local exchange service after complying with all provisions of OAR 860-034-0260. Five days' notice of disconnection must also be provided to the Commission's Consumer Services Section.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: Ch. 290 & OL 2005
PUC 2-2006, f. & cert. ef. 2-27-06
PUC 4-2005(Temp), f. 8-22-05, cert. ef. 9-1-05 thru 2-27-06

Or. Admin. R. 860-034-0276 Time Payment Agreements for Small Telecommunications Utilities

(1) A time payment agreement must contain, at a minimum, the following terms:

(a) An initial customer down payment of $10 or 25 percent of the balance owing for tariffed or price-listed small telecommunications utility services on file with the Commission, whichever is greater;

(b) Full payment of the overdue balance within 90 days of the date of the agreement; and

(2) The small telecommunications utility must send a letter to the customer confirming the terms of the time payment agreement.

(3) Payments must be made on a monthly basis. The small telecommunications utility cannot require more frequent payments unless agreed to by the customer. The customer cannot extend the time payment agreement beyond 90 days without the consent of the small telecommunications utility.

(4) The small telecommunications utility may not accelerate payments under a time payment agreement when the customer changes residences. The customer must pay tariff charges associated with the change in residence.

(5) The small telecommunications utility may terminate the customer’s local exchange residential service pursuant to OAR 860-034-0260 if the customer refuses to enter into or fails to abide by the terms of the time payment agreement. The small telecommunications utility must provide five days’ notice to the Commission’s Consumer Services Section.

(6) Nothing in this rule prevents a small telecommunications utility and a customer from entering into a time payment agreement for other charges.

History

Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 2005
Statutes/Other Implemented: ORS 756.040, 757.750, 757.760, 757.755, Ch. 290, OL 1987 & Ch. 290 & OL 2005
PUC 3-2006, f. & cert. ef. 2-27-06

Or. Admin. R. 860-034-0280 Telephone Solicitation Notices by Small Telecommunications Utilities

Each small telecommunications utility shall notify its residential customers of the provisions of ORS 646.561, 646.563, 646.567 through 646.578, and 646.608. The notice shall include a statement that a customer not wishing to be solicited may file a request, together with the required fees, with the telephone solicitation program administrator contracted by the State Attorney General. The notice shall include the address and the telephone number for the customer to contact the telephone solicitation program administrator. The notice shall be provided in the following manner and a copy shall be forwarded to the Commission:

(1) Annual inserts in the billing statements mailed to parties; or

(2) Conspicuous publication of the notice in the consumer information pages of local telephone directories.

History

Statutory/Other Authority: ORS 183, 646, 756 & 759
Statutes/Other Implemented: ORS 646.578 & 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-2001, f. & cert. ef. 1-24-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0290 Customer Notification and Information Delivery Services for Small Telecommunications Utilities

(1) As used in this rule:

(a) "Information provider" means any person, company, or corporation that operates an information delivery service on a pay-per-call basis;

(b) "Information delivery service" means any telephone-recorded messages, interactive programs, or other information services that are provided for a charge to a caller through an exclusive telephone number prefix or service access code. When a preexisting written contract exists between the customer and the information provider, this definition does not apply.

(2) A small telecommunications utility providing billing services for information providers shall inform customers:

(a) Of the availability of blocking for information delivery services if and when it is technically available;

(b) That a customer’s local and long distance service shall not be suspended or terminated for nonpayment of information deliver service charges;

(d) That when an information provider has failed to comply with any provision of ORS 646.608, 646.639, and 759.700 through 759.720 any obligation by a customer that may have arisen from dialing a pay-per-call telephone number is void and unenforceable;

(e) That any obligation that may have arisen from the dialing of a pay-per-call telephone number by an unemancipated child under 18 years of age; or

(f) For a person whose physician substantiates the following conditions, the obligation is void and unenforceable:

(B) The disorder was diagnosed before the obligation was incurred; and

(g) Upon written notification to the information provider or the billing agent for the information provider that a bill for information delivery services is void and unenforceable under subsections (2)(d), (2)(e), or (2)(f) of this rule, no further billing or collection activities shall be undertaken in regard to that obligation.

(3) The notice shall include text prepared by the Commission’s Consumer Services Division or prepared by the small telecommunications utility and approved by the Commission. The notice shall be provided in the following manner:

(a) An annual insert in the billing statements mailed to customers or conspicuous publication of the notice in the consumer information pages of local telephone directories; and

(b) Including the notice in the letters setting out the rights and responsibilities of customers sent to all new customers.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 11-1995, f. & cert. ef. 11-27-95 (Order No 95-1217)
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0300 Tariffs of Small Telecommunications Utilities

(1) Small telecommunications utilities not subject to ORS 759.175 must, upon the Commission's request, provide copies of any schedules showing rates, tolls, and charges, including all rules and regulations that in any manner affect the rates charged or to be charged for any service.

(2) Small telecommunications utilities subject to ORS 759.175 must file tariffs in accordance with the following provisions:

(a) Form and style of tariffs:

(A) Each small telecommunications utility must designate the initial tariff as PUC Oregon No. 1, and thereafter designate successive tariffs with the next number in consecutive numerical order. Supplemental information not otherwise provided by the tariff must be inserted in the most appropriate location and denoted by the previous sheet numbers plus a letter, for example, 3A, 3B, etc. Revisions to tariffs must be denoted by 1st Revised Sheet No. 3, 2nd Revised Sheet No. 3, etc.;

(B) The title page should be uniform. Rates, rules, and regulations must be written only on one side of a sheet. If a single sheet is insufficient, two or more pages should be used. Blank forms will be furnished upon request;

(b) Size of tariffs and required:

(A) Tariffs and supplements thereto must be prepared using a readable font that, when printed, will fit on an 8-1/2 x 11 inch page; and

(B) Small telecommunications utilities must file with the Commission an original of each tariff, rate schedule, revision, or supplement in electronic form as required in OAR 860-001-0170. The advice letter accompanying the tariffs must bear the signature of the issuing officer or utility representative. The tariffs do not require a signature.

(c) Tariffs must explicitly state the rates and charges for each class of service rendered, designating the area or district to which they apply;

(d) The small telecommunications utility's rules and regulations that in any manner affect the rates charged or to be charged or that define the extent or character of the service to be given must be included with each tariff;

(e) Changes in tariffs may be made by filing an entirely new tariff or by filing revised sheets which must refer to the tariffs on file. Additions to the tariff on file may be made by filing additional sheets;

(f) Each small telecommunications utility filing tariffs or schedules changing existing tariffs or schedules must submit in the advice letter or other document the following information:

(A) A statement plainly indicating the increase, decrease, or other change thereby made in existing rates, charges, tolls, or rules and regulations;

(B) A statement setting forth the number of customers affected by the proposed change and the resulting change in annual revenue; and

(g) All tariff changes must be made applicable with service rendered on and after the effective date of the changes, unless the Commission by order provides otherwise. As used in this rule, "service rendered" means units of toll calls connected, basic service provided, or likewise as the context requires;

(h) Small telecommunications utilities entering into special contracts with certain customers prescribing and providing rates, services, and practices not covered by or permitted in the general tariffs, schedules, and rules filed by such utilities are in legal effect tariffs and are subject to supervision, regulation, and control to the extent not exempted under ORS 759.040; and

(i) All special agreements designating service to be furnished at rates other than those shown in tariffs now on file in the Commission's office are rate schedules. A true and certified copy must be filed pursuant to requirements of this Division.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.045 & 759.175
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0310 Announcement of Rate Increases by Small Telecommunications Utilities

(1) A small telecommunications utility that increases any rate contained in a tariff schedule must notify its affected customers at least 45 days before the proposed effective date of the increase. A copy of such notification must at the same time be provided to the Commission.

(2) The small telecommunications utility must notify its customers by:

(a) Inserting an announcement in the small telecommunications utility's regular billing to its customers; or

(b) Mailing an announcement to each customer.

(3) The announcement must contain the following information:

(a) The list of services subject to increase, current and proposed rates, and amount and percentage of increase for each service;

(b) The reasons for the proposed rate increase;

(d) The Commission's toll-free telephone number and address; and

(e) The following statement: "Customers may petition the Public Utility Commission of Oregon to investigate the rate increase. The Commission will investigate the rate increase if it receives petitions signed by customers (10 percent of customers or 500, whichever is the lesser), on or before (ten days before the proposed effective date). If the Commission does not receive sufficient petitions by (ten days before the proposed effective date), the proposed rates will become effective on (the proposed effective date) without Commission review. Petitions should be sent to the Commission's Consumer Services Division. The Company will provide a current copy of the local exchange directory and its service territory map within ten days of a request from any customer."

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 6-2009, f. & cert. ef. 5-5-09
PUC 11-2003, f. & cert. ef. 7-3-03
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 8-1999, f. & cert. ef. 10-18-99
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0320 Notice to Interested Persons of Tariffs Filed Under ORS 759.175 by Small Telecommunications Utilities

(1) This rule applies to any tariff filed under ORS 759.175.

(2) Any person who requests of the Commission, in writing, to be notified of a small telecommunications utility’s tariff filings covered under section (1) of this rule must be included on a notice list.

(4) The Commission may periodically delete names of persons from the notice list who do not demonstrate a continued interest in receiving the notices set forth in section (2) of this rule. No person’s name may be deleted from the list without 20 days’ notice before deletion.

(5) The notice must include the following information:

(a) Name of the filing small telecommunications utility;

(b) Subject;

(d) Filing date;

(e) Effective date;

(f) Customer classes affected, if readily ascertainable from the small telecommunications utility’s advice letter; and

(g) Whether the tariff schedule is primarily related to price competition or a service alternative, if readily ascertainable from the small telecommunications utility’s advice letter.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0325 Requests to Abandon, Exempt from Regulation, or Price-List Regulated Telecommunications Services

A small telecommunications utility is subject to the requirements set forth in OARs 860-032-0020, 860-032-0023, 860-032-0025, and 860-032-0035.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.020, 759.030, 759.035, 759.045, 759.050, 759.190 & 759.195
PUC 15-2001, f. & cert. ef. 6-21-01

Or. Admin. R. 860-034-0330 Relating to City Privilege Taxes, Fees, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative

(1) The aggregate amount of all privilege taxes and fees and other assessments imposed upon a company, as defined in section (2) of this rule, by any city in Oregon for engaging in business within such city or for use and occupancy of city streets and public ways, whether applied to regulated revenues, net income, or other bases, shall be allowed as operating expenses of the company for rate-making purposes, subject to sections (2) through (4) of this rule.

(2) As used in this rule:

(a) "Company," as used in this rule, means a small telecommunications utility or Type 2 cooperative, as defined in OAR 860-034-0010;

(b) "Fees and other assessments" means business or occupation taxes or licenses; franchise or operating permit fees; sales, use, net income, gross receipts, and payroll taxes, levies, or charges; and other similar exactions imposed by cities, other than ad valorem taxes, upon revenues or income received from regulated telecommunications services by a company;

(c) "Local access revenues" means those revenues derived from exchange access services within the city, as defined in ORS 401.710, less related net uncollectibles;

(d) "Privilege taxes" means taxes levied and collected by cities from a company for use and occupancy of city streets, alleys, or highways, as provided under ORS 221.515;

(e) "Regulated revenues" means those revenues derived from regulated telecommunications services within the city less related net uncollectibles. Regulated revenues include, but are not limited to, local access revenues.

(3) Separate fees for street opening, installations, construction, and maintenance of fixtures or facilities to the extent such fees or charges are reasonably related to the city’s costs for inspection, supervision, and regulation in the exercise of its police powers shall be allowed as operating expenses of a company for rate-making purposes. Such fees shall not be deducted in computing the percentage level set forth in section (4) of this rule.

(4) The aggregate amount of all privilege taxes and fees and other assessments imposed upon a small telecommunications utility by a city, which does not exceed 4 percent of local access revenues, shall be allowed as operating expenses for rate-making purposes and shall not be itemized or billed separately. All privilege taxes and fees and other assessments in excess of 4 percent of local access revenues shall be charged pro rata to users of local access services within the city and the aggregate excess amount shall be separately itemized on customers’ bills or billed separately.

(5) The aggregate amount of all privilege taxes and fees and other assessments imposed upon a Type 2 cooperative by a city, which does not exceed 4 percent of local access revenues, shall be allowed as operating expenses for rate-making purposes and shall not be itemized or billed separately. All privilege taxes and fees and other assessments in excess of 4 percent of local access revenues shall not be included in joint rates and rates for through services.

(6) The amount allowed as an operating expense may be described on customers’ bills in a manner determined by the company.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 14-2003, f. & cert. ef. 7-24-03
PUC 17-2001, f. & cert. ef. 6-21-01
PUC 7-1998, f. & cert. ef. 4-8-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0340 Relating to Local Government Fees, Taxes, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative

(1) "Taxes," as used in this rule, means sales, use, net income, gross receipts, payroll, business or occupation taxes, levies, fees, or charges other than ad valorem taxes.

(2) For a Type 2 cooperative: If any county in Oregon, other than a city-county, should impose upon a Type 2 cooperative any taxes or license, franchise, or operating permit fees, the Type 2 cooperative may not collect such assessments from joint rates or rates for through services.

(3) For a small telecommunications utility:

(a) If any county in Oregon, other than a city-county, should impose upon a small telecommunications utility any new taxes or license, franchise, or operating permit fees, or increase any such taxes or fees, the small telecommunications utility required to pay such taxes or fees shall collect from its customers within the county imposing such taxes or fees the amount of the taxes or fees, or the amount of increase in such taxes or fees. However, if the taxes or fees cover the operations of a small telecommunications utility in only a portion of a county, then the affected utility shall recover the amount of the taxes or fees or increase in the amount thereof from customers in the portion of the county which is subject to the taxes or fees;

(b) The amount collected from each small telecommunications utility customer pursuant to section (3)(a) of this rule shall be separately stated and identified in all customer billings;

(c) This rule applies to new or increased taxes imposed on and after December 16, 1971, including new or increased taxes imposed retroactively after that date;

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045 & 759.500 - 759.675
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 17-2001, f. & cert. ef. 6-21-01
PUC 7-1998, f. & cert. ef. 4-8-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0350 Forced Conversion of Communication Facilities for Small Telecommunications Utilities and Type 2 Cooperatives

(1) As used in this rule:

(a) "Convert," "converting," or "conversion" means the removal of overhead communication facilities and the replacement of those facilities with underground communication facilities at the same or different locations.

(b) "Conversion cost" means the difference in cost between constructing an underground system and retaining the existing overhead system. This difference is equal to the cost of all necessary excavating, road crossings, trenching, backfilling, raceways, ducts, vaults, transformer pads, other devices peculiar to underground service, and "overhead retirement costs." However, if the conversion is required in conjunction with a public project which would necessitate the relocation of the company’s facilities at the company’s expense, "conversion costs" shall not include any "overhead retirement costs."

(c) "Communication facilities" means any works or improvements used or useful in providing communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, and all related facilities required for the acceptance of communication services. However, "Communication facilities" excludes facilities used or intended to be used for the transmission of intelligence by microwave or radio, apparatus cabinets or outdoor public telephones; or facilities owned or used by or provided for a railroad or pipeline and located upon or above the right-of-way of the railroad or pipeline.

(d) "Company," as used in this rule, means a small telecommunications utility or Type 2 cooperative, as defined in OAR 860-034-0010.

(e) "Local government" includes cities; counties; authorities and agencies created pursuant to ORS Chapters 456 and 457; special districts of the type described in ORS 198.010 and 198.180; and all other political subdivisions of Oregon.

(f) "Overhead communication facilities" means communication facilities located above the surface of the ground.

(g) "Overhead retirement cost" means the original cost, less depreciation, less salvage value, plus removal costs, of existing overhead distribution facilities no longer used or useful by reason of the conversion.

(h) "Underground communication facilities" means communication facilities located below the surface of the ground exclusive of those facilities such as service terminals, pedestal terminals, splice closures, apparatus cabinets and similar facilities which normally are above the surface in areas where company facilities are underground in accordance with standard underground practices.

(2) This rule does not apply if the total conversion cost incurred by the company during one calendar year does not exceed five-one hundredths of 1 percent (.05 percent) of the company’s annual revenues derived from customers residing within the boundaries of the local government.

(3) When a local government requires a company to convert communications facilities at the company’s expense:

(a) A small telecommunications utility shall collect the conversion costs from customers located within the boundaries of the local government.

(b) A Type 2 cooperative may not collect the conversion costs from customer located outside the boundaries of the local government for purposes of joint rates and through services.

(4) The local government may direct the company to collect conversion costs from only a portion of the customers located within the boundaries of the local government.

(5) Conversion costs incurred by the small telecommunications utility shall be accumulated in a separate account in the small telecommunications utility’s books. Interest shall accrue from the date the small telecommunications utility incurs the cost. The rate of such interest shall be equal to the effective cost of the senior security issue which most recently preceded the incurrence of the cost.

(6) The small telecommunications utility shall collect the conversion costs and interest over a reasonable period of time subject to approval by the Commission. However, the pay-back period shall not exceed the depreciable life of the new facilities. Collection shall begin as soon as practical after the end of the year in which the conversion costs are incurred.

(7) The conversion cost to be recovered from each customer of a small telecommunications utility shall be calculated by applying a uniform percentage to each customer’s total monthly bill for service rendered within the boundaries of the local government. The amount collected shall be separately stated and identified on each bill.

(8) This rule applies to conversions upon which construction is commenced on or after August 13, 1984.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 10-2001, f. & cert. ef. 4-18-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0380 Maintenance of Plant and Equipment by Small Telecommunications Utilities

Each small telecommunications utility shall have and maintain its entire plant and system in such condition that it will furnish safe, adequate, and reasonably continuous service. Each small telecommunications utility shall inspect its plant distribution system and facilities in such manner and with such frequency as may be needed to ensure a reasonably complete knowledge about their condition and adequacy at all times. The small telecommunications utility shall keep such records of the conditions found as the utility considers necessary to properly maintain its system, unless in special cases the Commission requires a more complete record.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0390 Retail Telecommunications Service Standards for Small Telecommunications Utilities

Every small telecommunications utility must adhere to the following standards:

(1) Definitions.

(a) "Access Line" — A facility engineered with dialing capability to provide retail telecommunications service that connects a customer's service location to the Public Switched Telephone Network;

(c) "Blocked Call" — A properly dialed call that fails to complete to its intended destination except for a normal busy (60 interruptions per minute);

(d) "Customer" — Any person, firm, partnership, corporation, municipality, cooperative, organization, governmental agency, or other legal entity that has applied for, been accepted, and is currently receiving local exchange telecommunications service;

(e) "Exchange" — Geographic area defined by maps filed with and approved by the Commission for the provision of local exchange telecommunications service;

(f) "Final Trunk Group" — A last-choice trunk group that receives overflow traffic and that may receive first-route traffic for which there is no alternative route;

(g) "Force Majeure" — Circumstances beyond the reasonable control of a small telecommunications utility, including but not limited to, delays caused by:

(A) A vendor in the delivery of equipment, where the small telecommunications utility has made a timely order of equipment;

(B) Local, state, federal, or tribal government authorities in approving easements or access to rights of way, where the small telecommunications utility has made a timely application for such approval;

(C) The customer, including but not limited to, the customer's construction project or lack of facilities, or failure to provide access to the customer's premises;

(h) "Held Order for Lack of Facilities" — Request for access line service delayed beyond the initial commitment date due to lack of facilities. An access line service order includes an order for new service, transferred service, additional lines, or change of service;

(i) "Initial Commitment Date" — The initial date pledged by the small telecommunications utility to provide a service, facility, or repair action. This date is within the minimum time set forth in these rules or a date determined by good faith negotiations between the customer and the small telecommunications utility;

(j) "Network Interface" — The point of interconnection between the small telecommunications utility provider's communications facilities and customer terminal equipment, protective apparatus, or wiring at a customer's premises. The network interface must be located on the customer's side of the small telecommunications utility's protector;

(k) "Retail Telecommunications Service" — A telecommunications service provided for a fee to customers. Retail telecommunications service does not include a service provided by a small telecommunications utility to another telecommunications utility or competitive telecommunications provider, unless the telecommunications utility or competitive telecommunications provider receiving the service is the end user of the service;

(l) "Tariff" — A schedule showing rates, tolls, and charges that the small telecommunications utility has established for a retail service;

(m) "Trouble Report" — A report of a malfunction that affects the functionality and reliability of retail telecommunications service on existing access lines, switching equipment, circuits, or features made up to and including the network interface, to a small telecommunications utility by or on behalf of that small telecommunications utility's customer;

(n) "Wire Center" — A facility where local telephone subscribers' access lines converge and are connected to switching equipment that provides access to the Public Switched Telephone Network, including remote switching units and host switching units. A wire center does not include collocation arrangements in a connecting small telecommunications utility's wire center or broadband hubs that have no switching equipment.

(2) Measurement and Reporting Requirements. A small telecommunications utility that maintains 1,000 or more access lines on a statewide basis must take the measurements required by this rule and report them to the Commission as specified. Reported measurements must be reported to the first significant digit (i.e., one number should be reported to the right of the decimal point). A telecommunications utility that maintains fewer than 1,000 access lines on a statewide basis need not take the required measurements and file the required reports unless ordered to do so by the Commission. The service quality objective service levels set forth in sections 4 through 8 of this rule apply only to normal operating conditions and do not establish a level of performance to be achieved during force majeure events.

(3) Additional Reporting Requirements. The Commission may require a small telecommunications utility to submit additional reports on any item covered by this rule.

(4) Provisioning and Held Orders for Lack of Facilities. The representative of the small telecommunications utility must give a retail customer an initial commitment date of not more than six business days after a request for access line service, unless a later date is determined through good faith negotiations between the customer and the small telecommunications utility. The small telecommunications utility may change the initial commitment date only if requested by the customer. When establishing the initial commitment date, the small telecommunications utility may take into account the actual time required for the customer to meet prerequisites; e.g., line extension charges or trench and conduit requirements. If a request for service becomes a held order for lack of facilities, the serving small telecommunications utility must, within five business days, send or otherwise provide the customer a written commitment to fill the order.

(a) Measurement:

(A) Commitments Met — A small telecommunications utility must calculate the monthly percentage of commitments met for service, based on the initial commitment date, across its Oregon service territory. Commitments missed for reasons solely attributed to customers, another telecommunications utility or competitive telecommunications provider may be excluded from the calculation of the "commitments met" results;

(B) Held Orders for Lack of Facilities — A small telecommunications utility must determine the total monthly number of held orders, due to lack of facilities, not completed by the initial commitment date during the reporting month and the number of primary (initial access line) held orders, due to lack of facilities, over 30 days past the initial commitment date.

(b) Objective Service Level:

(A) Commitments Met — Each small telecommunications utility must meet at least 90 percent of its commitments for service.

(B) Held Orders:

(i) The number of held orders for the lack of facilities for each small telecommunications utility must not exceed the greater of two per wire center per month averaged over the small telecommunications utility's Oregon service territory, or five held orders for lack of facilities per 1,000 inward orders; and

(ii) The total number of primary held orders for lack of facilities in excess of 30 days past the initial commitment date must not exceed 10 percent of the total monthly held orders for lack of facilities within the small telecommunications utility's Oregon service territory.

(c) Reporting Requirement: Each small telecommunications utility must report monthly to the Commission the percentage of commitments met for service, total number of held orders for lack of facilities, and the total number of primary held orders for lack of facilities over 30 days past the initial commitment date.

(d) Retention Requirement: Each small telecommunications utility must maintain records about held orders for lack of facilities for one year. The record must explain why each order is held and the initial commitment date.

(5) Trouble Reports. Each small telecommunications utility must maintain an accurate record of all reports of malfunction made by its customers.

(a) Measurement: A small telecommunications utility must determine the number of customer trouble reports that were received during the month. The small telecommunications utility must relate the count to the total working access lines within a reporting wire center. A small telecommunications utility need not report those trouble reports that were caused by circumstances beyond its control. The approved trouble report exclusions are:

(A) Cable Cuts: A small telecommunications utility may take an exclusion if the "buried cable location" (locate) was either not requested or was requested and was accurate. If a small telecommunications utility or a utility's contractor caused the cut, the exclusion can only be used if the locate was accurate and all general industry practices were followed;

(B) Internet Service Provider (ISP) Blockage: If an ISP does not have enough access trunks to handle peak traffic;

(C) Modem Speed Complaints: An exclusion may be taken if the copper cable loop is tested at the subscriber location and the objective service levels in section 10 of this rule were met;

(E) New Feature or Service: Trouble reports related to a customer's unfamiliarity with the use or operation of a new (within 30 days) feature or service;

(H) Non-Regulated or Deregulated Equipment: Trouble associated with such equipment should not be counted;

(J) Lightning Strikes: Trouble reports received for damage caused by lightning strikes can be excluded if all accepted grounding, bonding, and shielding practices were followed by the small telecommunications utility at the damaged location; and

(K) Other exclusions: As approved by the Commission.

(b) Objective Service Level: A small telecommunications utility must maintain service so that the monthly trouble report rate, after approved trouble report exclusions, does not exceed:

(A) For wire centers with more than 1,000 access lines: two per 100 working access lines per wire center more than three times during a sliding 12-month period.

(B) For wire centers with 1,000 or less access lines: three per 100 working access lines per wire center more than three times during a sliding 12-month period.

(A) The trouble report rate by wire center;

(C) The reason(s) a wire center not meeting the standard, after the exclusion adjustment, exceeded the trouble report rate threshold per 100 access lines during the reporting month; and

(D) The access line count for each wire center.

(d) Retention Requirement: Each small telecommunications utility must maintain a record of reported trouble in such a manner that it can be forwarded to the Commission upon the Commission's request. The small telecommunications utility must keep all records for a period of one year. The record of reported trouble must contain as a minimum the:

(A) Telephone number;

(B) Date and time received;

(D) Type of trouble reported;

(E) Location of trouble; and

(F) Whether or not the present trouble was within 30 days of a previous trouble report.

(6) Repair Clearing Time. This standard establishes the clearing time for all trouble reports from the time the customer reports the trouble to the small telecommunications utility until the trouble is resolved. The small telecommunications utility must provide each customer making a network trouble report with a commitment time when the small telecommunications utility will repair or resolve the problem.

(a) Measurement: The small telecommunications utility must calculate the percentage of trouble reports cleared within 48 hours of receiving a report for each repair center. Alternatively, the small telecommunications utility may use the following weekend exception to calculate the percentage for trouble reports cleared for those reports that are received between 12 pm on Friday until 5 pm on Sunday.

(A) The trouble reports cleared must be calculated for reports received between 12 pm Friday and 5 pm Saturday and cleared by 5 pm the following Monday for each repair center.

(B) The trouble reports cleared must be calculated for reports received between 5 pm Saturday and 5 pm Sunday and cleared by 5 pm the following Tuesday for each repair center.

Alternative weekend repair calculations must be aggregated into the calculation for the percentage of trouble reports cleared within 48 hours.

(b) Objective Service Level: A small telecommunications utility must monthly clear at least 90 percent of all trouble reports within 48 hours of receiving a report for each repair center. Alternatively for those reports that are received between 12 pm Friday and 5 pm on Sunday, the small telecommunications utility may use the following weekend exception to calculate the percentage for trouble report cleared:

(A) The small telecommunications utility must clear 90 percent of all trouble reports received between 12 pm Friday and 5 pm Saturday by 5 pm the following Monday for each repair center.

(B) The small telecommunications utility must clear 90 percent of all trouble reports received between 5 pm Saturday and 5 pm Sunday by 5 pm the following Tuesday for each repair center.

(c) Reporting Requirement: Each small telecommunications utility must report monthly to the Commission the percentage of trouble reports cleared within 48 hours by each repair center, with optional adjustments allowed for weekend repair exceptions described in (b). A small telecommunications utility must use its best efforts to complete out-of-service restorations for business customers. In addition, a small telecommunications utility must use its best efforts to complete out-of-service restorations for residential customers who have identified either a medical necessity or no access to an alternative means of voice or E-911 communications.

(d) A small telecommunications utility must indicate in its report if it opts to use the alternative weekend exception period reporting.

(e) Retention Requirement: None.

(7) Blocked Calls. A small telecommunications utility must engineer and maintain all intraoffice, interoffice, and access trunking and associated switching components to allow completion of calls made during the average busy season busy hour without encountering blockage or equipment irregularities in excess of levels listed in subsection (7)(b) of this rule.

(a) Measurement:

(A) A small telecommunications utility must collect traffic data; i.e., peg counts and usage data generated by individual components of equipment or by the wire center as a whole, and calculate blockage levels of the interoffice final trunk groups.

(B) System blockage is determined by special testing at the wire center. Commission Staff or a small telecommunications utility technician will place test calls to a predetermined test number, and the total number of attempted calls and the number of completed calls will be counted. The percentage of calls completed must be calculated.

(b) Objective Service Level:

(A) A small telecommunications utility must maintain interoffice final trunk groups to allow 99 percent completion of calls during the average busy season busy hour without blockage (P.01 grade of service); and

(B) A small telecommunications utility must maintain its switch operation so that 99 percent of the calls do not experience blockage during the normal busy hour.

(C) When a small telecommunications utility fails to maintain the interoffice final trunk group P.01 grade of service for four or more consecutive months, it will be considered out-of-standard until the condition is resolved. A single repeat blockage within two months of restoring the P.01 grade of service will be considered a continuation of the original blockage.

(B) Its tandem switch final trunk group blockages associated with EAS traffic;

(D) Identity of the telecommunications utility or competitive telecommunications provider, if other than the reporting small telecommunications utility, responsible for maintaining those final trunk groups not meeting the standard.

(d) Retention Requirement: Each small telecommunications utility must maintain records for one year.

(8) Access to Small Telecommunications Utility Representatives. Small telecommunications utilities are not required to measure or report repair center and sales office access times to the Commission.

(9) Interruption of Service Notification. A small telecommunications utility must report significant outages that affect customer service. These interruptions could be caused by switch outage, electronic outage, cable cut, or construction.

(a) Measurement: A small telecommunications utility must notify the Commission when an interruption occurs that exceeds any of the following thresholds:

(A) Cable cuts, excluding service wires and wires placed in lieu of cable, or electronic outages lasting longer than 30 minutes and affecting 50 percent or more of in-service lines.

(B) Toll or Extended Area Service isolation lasting longer than 30 minutes and affecting 50 percent or more of in-service lines.

(C) Isolation of a central office (host or remote) from the E 9-1-1 emergency dialing code or isolation of a Public Safety Answering Position (PSAP).

(D) Isolation of a wire center for more than 15 minutes.

(E) Outage of the business office or repair center access system lasting longer than 15 minutes in those instances where the traffic cannot be re-routed to a different center.

(b) Objective Service Level: Not applicable.

(c) Reporting Requirement: A small telecommunications utility must report service interruptions to the Commission engineering staff by telephone, by facsimile, by electronic mail, or personally within two hours during normal work hours of the business day after the company becomes aware of such interruption of service. Interim reports will be given to the Commission as significant information changes (e.g., estimated time to restore, estimated impact to customers, cause of the interruption, etc.) until it is reported that the affected service is restored.

(d) Retention Requirement: None.

(10) Customer Access Line Testing. All customer access lines must be designed, installed, and maintained to meet the levels in subsection (b) of this section.

(a) Measurement: Each small telecommunications utility must make all loop parameter measurements at the network interface, or as close as access allows.

(b) Objective Service Level: Each access line must meet the following levels:

(A) Loop Current: The serving wire center loop current, when terminated into a 400-ohm load, must be at least 20 milliamperes;

(B) Loop Loss: The maximum loop loss, as measured with a 1004-hertz tone from the serving wire center, must not exceed 8.5 decibels (dB);

(D) Power Influence: As a goal, power influence, as measured on a quiet line from the serving wire center, must not exceed 80 dBrnC.

(c) Reporting Requirement: A small telecommunications utility must report measurement readings as directed by the Commission.

(d) Retention Requirement: None.

(a) Measurement: Each small telecommunications utility must make measurements at or to the serving wire center;

(b) Objective Service Level:

(A) Dial Tone Speed. Ninety-eight percent of originating average busy hour call attempts must receive dial tone within three seconds; and

(B) A small telecommunications utility must maintain all interoffice and access trunk groups so that the actual measured loss (AML) in no more than 30 percent of the trunks deviates from the expected measured loss (EML) by more than 0.7 dB and no more than 4.5 percent of the trunks deviates from EML by more than 1.7 dB.

(d) Retention Requirement: None.

(12) Special Service Access Lines. All special service access lines must meet the performance requirements specified in applicable small telecommunications utility tariffs or contracts.

(13) Small Telecommunications Utility Interconnectivity. A small telecommunications utility connected to the facilities of another telecommunications utility or competitive telecommunications provider must operate its system in a manner that will not impede either company's ability to meet required standards of service. A small telecommunications utility must report interconnection operational problems promptly to the Commission.

(14) Remedies for Violation of This Standard.

(a) If a small telecommunications utility subject to this rule fails to meet a minimum service quality standard, the Commission must require the small telecommunications utility to submit a plan for improving performance as provided in ORS 759.450(5). If a small telecommunications utility does not meet the goals of its improvement plan within six months, or if the plan is disapproved by the Commission, the Commission may assess penalties in accordance with ORS 759.450(5) through (7).

(b) In addition to the remedy provided under ORS 759.450(5), if the Commission believes that a small telecommunications utility subject to this rule has violated one or more of its service standards, the Commission must give the small telecommunications utility notice and an opportunity to request a hearing. If the Commission finds a violation has occurred, the Commission may require the small telecommunications utility to provide the following relief to the affected customers:

(A) An alternative means of telecommunications service for violations of paragraph (4)(b)(B) of this rule;

(B) Customer billing credits equal to the associated non-recurring and recurring charges of the small telecommunications utility for the affected service for the period of the violation; and

(15)(a) If the Commission determines that effective competition exists in one or more exchange(s), it may exempt all telecommunications utilities or competitive telecommunications providers providing telecommunications services in the exchange(s) from the requirements of this rule, in whole or in part. In making this determination, the Commission will consider:

(A) The extent to which the service is available from alternative providers in the relevant exchange(s);

(B) The extent to which the services of alternative providers are functionally equivalent or substitutable at comparable rates, terms, and conditions;

(D) Market share and concentration;

(E) Number of suppliers;

(F) Price to cost ratios;

(G) Demand side substitutability (e.g., customer perceptions of competitors as viable alternatives); and

(H) Any other factors deemed relevant by the Commission.

(b) When a small telecommunications utility petitions the Commission for exemption under this provision, the Commission must provide notice of the petition to all relevant telecommunications utilities and competitive telecommunications providers providing the applicable service(s) in the exchange(s) in question. The Commission will provide such notified small telecommunications utilities and competitive telecommunications providers an opportunity to submit comments in response to the petition. The comments may include requests that, following the Commission's analysis outlined above in paragraphs (15)(a)(A) through (H), the commenting telecommunications utilities and competitive telecommunications providers be exempt from these rules for the applicable service(s) in the relevant exchange(s).

(c) The Commission may grant a small telecommunications utility's petition for an exemption from service quality reporting requirements if the small telecommunications utility meets all service quality objective service levels set forth in sections (4) through (8) of this rule for the 12 months prior to the month in which the petition is filed.

[Publications: Publications referenced are available from the agency]

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: : ORS 759.035, 759.050 & 759.240 & 759.450
PUC 2-2014, f. & cert. ef. 1-22-14
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 10-2005, f. & cert. ef. 12-27-05
PUC 7-2002, f. & cert. ef. 2-26-02
PUC 13-2001, f. & cert. ef. 5-25-01
PUC 13-2000, f. & cert. ef. 6-9-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 4-1997, f. & cert. ef. 1-7-97
PUC 23-1985, f. & ef. 12-11-85 (Order No. 85-1171)
PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)

Or. Admin. R. 860-034-0392 Accounting for Directors’ Fees by Small Telecommunications Utilities

Directors’ fees paid by a small telecommunications utility to members of its board of directors, who are also paid as officers of the utility, shall not be recognized as a charge to operating expenses in Oregon.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0500
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0393 Uniform System of Accounts for Small Telecommunications Utilities

(1) The Uniform System of Accounts for Telecommunications Companies, Part 32, adopted by the Federal Communications Commission (FCC) on February 6, 2002, is hereby adopted and prescribed for all Type 2 cooperatives utilities except as modified for intrastate purposes in sections (2) through (5) of this rule.

(2) A Type 2 cooperative may follow Class B accounting except when Class A accounting is needed to complete intrastate depreciation and jurisdictional separation studies, to provide the details requested in annual reports under OAR 860-034-0750, and to comply with other Oregon rules and statutes.

(3) The allocation rules in Part 32, Section 32.27, are replaced by OAR 860-034-0740(3).

(4) For construction work in progress and property held for future use, each Type 2 cooperative shall maintain subsidiary records consistent with ORS 759.285.

(5) Each Type 2 telecommunications cooperative shall maintain subsidiary records sufficient to identify the following universal service fund collection, revenues, and expenses:

(a) [Reserved].

(b) Federal universal service fund collection (Account 5081).

(d) State universal service fund collection and contribution (Account 4010).

(e) Interstate and intrastate switched access revenue (Account 5082).

(f) Interstate and intrastate special access revenue (Account 5083).

(g) [Reserved].

(h) Distributions from the federal USF and the Oregon USF.

(i) Depreciation expenses related to telecommunications plant in service, depreciation expense related to property held for future use, and amortization expense.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.045
PUC 3-2013, f. & cert. ef. 5-17-13
PUC 8-2010, f. & cert. ef. 12-20-10
PUC 14-2002, f. & cert. ef. 3-26-02
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 16-2000, f. & cert. ef. 9-12-00
PUC 9-2000, f. & cert. ef. 5-26-00
PUC 3-2000, f. & cert. ef. 2-9-00
PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0510
PUC 6-1998, f. & cert. ef. 3-13-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0394 Allocation of Costs by Small Telecommunications Utilities

(1) As used in this rule:

(a) "Affiliate transaction" means a transfer of assets, a sale of supplies, or a sale of services between accounts for regulated activities of a small telecommunications utility and accounts for nonregulated activities of a separate entity that is either an affiliated interest or another company in which the utility owns a controlling interest. The term also means a transfer of assets, a sale of supplies, or a sale of services between accounts for the regulated and nonregulated activities of a single small telecommunications utility;

(b) "Asset" means any tangible or intangible property of a small telecommunications utility or other right, entitlement, business opportunity, or other thing of value to which a utility holds claim;

(c) "Cost" means fully distributed cost, including the small telecommunications utility’s authorized rate of return and all overheads;

(d) "Fair market value" means the potential sales price that could be obtained by selling an asset in an arm’s-length transaction to a nonaffiliated entity, as determined by commonly accepted valuation principles;

(e) "Market rate" means the lowest price that is available from nonaffiliated suppliers for comparable services or supplies;

(f) "Net book value" means original cost less accumulated depreciation; and

(g) "Nonregulated service" means a service that is not a telecommunications service as defined by ORS 759.005(2)(g), or a service that the Commission has determined to be exempt from regulation.

(2) A small telecommunications utility that provides both regulated and nonregulated intrastate service shall:

(b) Part 64, Subpart I, Allocation of Costs, adopted by the Federal Communications Commission on October 11, 2001, is hereby adopted and prescribed.

(3) For intrastate purposes, FCC rules governing affiliate transactions (Section 32.27) are replaced as follows:

(a) When an asset is transferred to regulated accounts from nonregulated accounts, the transfer shall be recorded in regulated accounts at the lower of net book value or fair market value;

(b) When an asset is transferred from regulated accounts to nonregulated accounts, the transfer shall be recorded in regulated accounts at the tariff rate if an appropriate tariff is on file with the Commission. If no tariff is applicable, proceeds from the transfer shall be recorded in regulated accounts at the higher of net book value or fair market value;

(c) When an asset is transferred from a regulated account to a nonregulated account at a fair market value that is greater than net book value, the difference shall be considered a gain to the regulated activity. The small telecommunications utility shall the gain so the Commission can determine the proper disposition of the gain in a subsequent rate proceeding;

(d) When services or supplies are sold by a regulated activity to a nonregulated activity, sales shall be recorded in regulated revenue accounts at tariffed rates if an applicable tariff is on file with the Commission. Tariffed rates shall be established whenever possible. If services or supplies are not sold pursuant to a tariff, sales shall be recorded in regulated revenue accounts at the small telecommunications utility’s cost;

(e) When services or supplies are sold to a regulated activity by a nonregulated activity, sales shall be recorded in regulated accounts at the nonregulated activity’s cost or the market rate, whichever is lower. The nonregulated activity’s cost shall be calculated using the small telecommunications utility’s most recently authorized rate of return; and

(f) Income taxes shall be allocated among the regulated activities of the small telecommunications utility, its nonregulated divisions, and members of an affiliated group. When income taxes are determined on a consolidated basis, the small telecommunications utility shall record income tax expense as if it were determined for the small telecommunications utility separately for all time periods.

(4) If a small telecommunications utility is subject to ORS 759.120 through 759.130 and provides both regulated and nonregulated intrastate service, the utility shall maintain a current intrastate cost allocation manual on file with the Commission. If the FCC requires the small telecommunications utility to file an interstate cost allocation manual, the utility shall also maintain a current copy of its interstate manual with the Commission.

(5) An intrastate cost allocation manual shall contain the following:

(a) A description of each of the small telecommunications utility’s nonregulated intrastate activities;

(b) A list of all intrastate activities to which the small telecommunications utility now accords incidental accounting treatment, and the justification for treating each as incidental;

(d) A statement identifying affiliates that engage in or will engage in transactions with the small telecommunications utility for the purpose of providing nonregulated intrastate service and describing the nature, terms, and frequency of such transactions; and

(6) A cost allocation manual cannot be used to satisfy any other reporting requirement established by the Commission.

(7) The initial cost allocation manual filed by a small telecommunications utility pursuant to this rule must be filed with the Commission no less than 90 days before the manual’s effective date. The manual shall go into effect unless rejected by the Commission before the manual’s effective date.

(8) When a small telecommunications utility proposes any change to a cost allocation manual previously filed with the Commission, the utility shall file the proposed change with the Commission no less than 60 days before the effective date of the change. The changes shall go into effect unless rejected by the Commission before the effective date of the change.

(9) After the Commission has issued an order to exempt from regulation a telecommunications service provided by a small telecommunications utility that is subject to ORS 759.120 through 759.130, the affected utility shall file with the Commission either an initial cost allocation manual or a change to its previously filed manual.

(10) A small telecommunications utility that is required to file annual independent cost allocation audits with the FCC shall at the same time file copies of the annual audits with the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.045
PUC 24-2002, f. & cert. ef. 12-20-02
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 10-2000, f. & cert. ef. 5-26-00
PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0520
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0395 Annual Report Requirements for Small Telecommunications Utilities

Small telecommunications utilities shall submit annual reports. The report Form O for the previous calendar year shall be submitted on or before April 1, using the most current forms approved by the Commission. The intrastate report Form I for the previous calendar year shall be submitted on or before October 31, using the most current form approved by the Commission.

[ED. NOTE: Forms referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 19-2000, f. & cert. ef. 12-28-00
PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0530
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 3-1995, f. & cert. ef. 6-19-95 (Order No. 95-516)
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0396 Reporting of Affiliated Transactions by Small Telecommunications Utilities

(1) By April 1, on forms approved and provided by the Commission, all small telecommunications utilities shall file with the Commission a list of all affiliated interest contracts executed during the period from January 1 through December 31 of the immediately preceding year. The list shall consist of the names of the parties to the contracts, the dollar amounts of the contracts, and the dates of execution of the contracts.

(2) As used in this rule, "affiliated interest transactions" mean transactions between affiliated interests as defined by ORS 757.015 and 759.010.

[ED. NOTE: Forms referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.045
PUC 18-2001, f. & cert. ef. 6-21-01
PUC 8-2001, f. & cert. ef. 3-21-01
PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0550
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0397 Use of Deferred Accounting by Small Telecommunications Utilities

(1) Definitions: As used in this rule:

(a) "Amortization" means the inclusion in rates of an amount which has been deferred under ORS 759.200 and is designed to eliminate, over time, the balance in an authorized deferred account. Amortization excludes the normal positive and negative fluctuations in a balancing account; and

(b) "Deferred accounting" means recording an amount, as allowed by ORS 759.200, in a balance sheet account for later reflection in rates.

(2) Expiration: Any authorization to use a deferred account shall expire 12 months from the date the deferral is authorized to begin. If a deferral under ORS 759.200 is reauthorized, the reauthorization shall expire 12 months from the date the reauthorization becomes effective.

(3) Contents of Application: Application for deferred accounting, by a small telecommunications utility or a customer, shall include:

(a) A description of the small telecommunications utility expense or revenue for which deferred accounting is requested;

(b) The reason(s) deferred accounting is being requested and a reference to the section(s) of ORS 759.200 under which deferral may be authorized;

(c) The account proposed for recording of the amounts to be deferred and the account which would be used for recording the amounts in the absence of approval of deferred accounting;

(d) An estimate of the amounts to be recorded in the deferred account for the 12-month period after the application; and

(e) A copy of the notice of application for deferred accounting and list of persons served with the notice.

(4) Reauthorization: Application for reauthorization to use a deferred account shall be made not more than 60 days before the expiration of the previous authorization for the deferral. Application for reauthorization shall include the requirements in subsections (3)(a) through (3)(e) of this rule and the following information:

(a) A description and explanation of the entries in the deferred account to the date of the application for reauthorization; and

(b) The reason(s) for continuation of deferred accounting.

(5) Exceptions: Authorization under ORS 759.200 to use a deferred account is necessary only to add amounts to an account, not to retain an existing account balance and not to amortize amounts which have been entered in an account under an authorization by the Commission. Interest, once authorized to accrue on unamortized balances in an account, may be added to the account without further authorization by the Commission, even though authorization to add other amounts to an account has expired.

(6) Notice of Application: The applicant shall serve a notice of application upon all persons who were parties in the small telecommunications utility’s last general rate case. If the applicant is other than a small telecommunications utility, the applicant shall serve a copy of the application upon the affected utility. A notice of application shall include:

(a) A statement that the applicant has applied to the Commission for authorization to use deferred accounting, or for an order requiring that deferred accounting be used by a small telecommunications utility;

(b) A description of the utility expense or revenue for which deferred accounting is requested;

(d) A statement that any person may submit to the Commission written comment on the application by the date in the notice, which may be no sooner than 25 days from the date of the application; and

(7) Public Meetings: Unless otherwise ordered by the Commission, applications for use of deferred accounting will be considered at the Commission’s Public Meetings.

(8) Reply Comments: Within ten days after the due date for comments on the application from interested persons, the applicant, and the small telecommunications utility if the utility is not the applicant, reply comments may be filed with the Commission and served on persons who filed the initial comments on the application.

(9) Amortization: Amortization in rates of a deferred amount shall only be allowed in a rate proceeding, whether initiated by the small telecommunications utility or another party. The Commission may authorize amortization of such amounts only for utility expenses or revenues for which the Commission previously has authorized deferred accounting. Upon request for amortization of a deferred account, the small telecommunications utility shall provide the Commission with its financial results for a 12-month period or for multiple 12-month periods to allow the Commission to perform an earnings review. The period selected for the earnings review will encompass all or part of the period when the deferral took place or must be reasonably representative of the deferral period. Unless authorized by the Commission to do otherwise:

(a) A small telecommunications utility shall request that amortizations of deferred accounts commence no later than one year from the date that deferrals cease for that particular account; and

(b) In the case of ongoing balancing accounts, the small telecommunications utility shall request amortization at least annually, unless amortization of the balancing account is then in effect.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040 & 759.045
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0560
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0400 Maps and Records of Small Telecommunications Utilities and Telecommunications Cooperatives

(1) Each small telecommunications utility and telecommunications cooperative shall keep on file current maps and records of the entire plant showing size, location, character, and date of installation of major plant items.

(2) Upon request, each small telecommunications utility and telecommunications cooperative shall file with the Commission an adequate description or maps to define the territory served. All maps and records, which the Commission may require the small telecommunications utility or telecommunications cooperative to file, shall be in a form satisfactory to the Commission.

History

Statutory/Other Authority: ORS 183, 756, 758 & 759
Statutes/Other Implemented: ORS 756.040, 758.215 & 759.045
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0420 Location of Underground Facilities

A small telecommunications utility or telecommunications cooperative and its customers shall comply with requirements of chapter 952 regarding the prevention of damage to underground facilities.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 757.542 - 757.562 & 759.045
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 12-1999, f. & cert. ef. 11-18-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0430 Construction, Safety, and Reporting Standards for Small Telecommunications Utilities and Telecommunications Cooperatives

Every small telecommunications utility and telecommunications cooperative shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024.

History

Statutory/Other Authority: ORS 183, 654, 756, 757 & 759
Statutes/Other Implemented: ORS 654.715, 757.035 & 759.045
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 7-1997, f. & cert. ef. 2-6-97
PUC 13-1994, f. & cert. ef. 8-31-94 (Order No. 94-1243)
PUC 3-1994, f. & cert. ef. 1-14-94 (Order No. 94-074)
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0440 Applicability and Formal Requirements for Small Telecommunications Utilities and Telecommunications Cooperatives

(1) The rules contained in this division are auxiliary to and supplemental to the rules contained in divisions 011 through 014 of this chapter, Practice and Procedure, and all applications or petitions for approval of contracts or amendments thereto, allocations of territory, assignment or transfer of rights acquired pursuant to an allocation of territory, and all other pleadings filed with the Commission pursuant to ORS 759.500 to 759.595 inclusive, are governed by the rules in divisions 011 through 014 of this chapter, Practice and Procedure, except as provided in sections (2) and (3) of this rule.

(2) All applications and petitions must contain the full and correct name and business address of the applicant or petitioner.

(3) An original and three conformed of all applications and petitions, as well as supplemental electronic copies, must be filed with the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 759.045 & 759.500 - 759.675
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0450 Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives

For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under ORS 759.500 through 759.595 for an order of the Commission approving a contract authorized thereunder shall contain in addition to the contract, if not contained therein, the following information:

(1) A map or maps, to appropriate scale, showing the general location and boundaries of the respective applicant’s service areas.

(2) A map or maps, to appropriate scale, showing the location of customers who are being served by either or both of the parties, or who could be economically served by the then existing facilities of either party, or by reasonable and economic extensions thereto, who are covered by the contract.

(3) A description by county, section lines, river, highway, road, street, or metes and bounds, where applicable and necessary, designating the boundaries of the territory to be served by each party to the contract. Such legal description of boundary lines may be drawn and described:

(a) To eliminate minor irregularities in the boundary of each party when to do so will include within each party’s territory, only that unserved area which may be economically served by the then existing facilities of the respective parties or by reasonable and economic extensions thereto; and

(b) In the case of persons providing utility service who have entered into exchange boundary agreements before May 31, 1961, to define mutually exclusive exchange service areas, the area affected by such agreement may be described by reference to the exchange area map in that agreement. However, the applicant shall not be relieved by such reference from showing that it can economically serve the unserved areas within the exchange area map with its existing facilities or by a reasonable and economic extension thereto.

(4) A description of the equipment and facilities of each party, which are the subject of sale, exchange, transfer, or lease pursuant to the contract and the consideration to be paid therefore.

(5) Facts showing that the contract will eliminate or avoid unnecessary duplicating facilities, and will promote the efficient and economic use and development and the safety of operation of the utility service systems of the parties to the contract, while providing adequate and reasonable service to all territories and customers affected thereby.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.045 & 759.500 - 759.595
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0460 Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives

For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under 759.530 for a Commission order approving an amendment to a contract approved pursuant to 759.510 to 759.520, inclusive, shall contain the amendatory contract and such information required by OAR 860-034-0450 as is pertinent to the Commission in making a decision thereon.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.045 & 759.530
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0470 Applications for Allocation of Exclusively Served Territory by Small Telecommunications Utilities and Telecommunications Cooperatives

For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under ORS 759.535 for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory shall contain the following information:

(1) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the applicant’s service area.

(2) A map or maps, drawn to appropriate scale, showing the location of the applicant’s customers and facilities in the vicinity of the boundaries of the territory applied for in sufficient detail to enable the Commission to determine the boundaries of that territory served exclusively by applicant.

(5) Such additional information as needed for a full understanding of the situation.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.045 & 759.535
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0480 Applications for Allocation of Unserved Territory for Small Telecommunications Utilities and Telecommunications Cooperatives

For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under ORS 759.535, for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory and adjacent unserved territory, shall contain the following information:

(1) The information required under OAR 860-034-0470.

(2) A map or maps similar to that required by OAR 860-034-0470(2) and description comparable to that required by OAR 860-034-0470(3), showing and describing the boundary of the adjacent unserved territory covered by the application.

(c) The kind or nature and extent of the need or demand, or reasonably anticipated need or demand, for utility service within the unserved area.

(d) The estimated construction, operating, and related costs of and revenues from providing the proposed utility service within the unserved area.

(5) Such additional information as needed for a full understanding of the situation.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.045 & 759.535
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0490 Applications to Transfer Rights to Allocated Territory for Small Telecommunications Utilities and Telecommunications Cooperatives

For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under ORS 759.560 for an order of the Commission to approve the transfer of rights acquired by an allocation of territory shall contain the following information:

(1) A statement of the purposes for the transfer, the supporting reasons therefore and a detailed explanation thereof justifying why the transfer will not be contrary to the public interest.

(2) A copy of all written evidence and a statement of all oral understanding comprising the agreement between the transferor and transferee covering the transfer of the territory described in the application and sought to be transferred.

(3) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the allocated territory sought to be transferred and the transferor’s and transferee’s adjacent service areas.

(4) A map or maps, drawn to appropriate scale, showing:

(a) The number and, as practicable, the location of customers and equipment or facilities of the transferor with a detailed description of such equipment or facilities within the territory sought to be transferred; and

(b) The location of equipment or facilities of the transferor and transferee, with a detailed description of the same, which are in the territory immediately adjacent to that sought to be transferred and which are or will be interconnected therewith.

(5) A legal description comparable to that required in OAR 860-034-0470(4) of the boundaries of the territory sought to be transferred.

(6) A legal description comparable to that required in OAR 860-034-0470(4) of the resulting boundaries of the remaining allocated portion of the parcel of the transferor’s territory where the territory sought to be transferred is only part of a parcel of transferor’s allocated territory and a similar description of the resulting boundaries of the transferee’s allocated territory where the territory sought to be transferred will be contiguous to a parcel of transferee’s allocated territory.

(7) A copy of each franchise and permit, as the appropriate public authorities may require, authorizing the transferee to serve in the territory sought to be transferred, or evidence of the approval of the appropriate public authorities of the transfer to the transferee of the transferor’s franchise or permit to serve the territory sought to be transferred.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.045 & 759.560
PUC 13-2002, f. & cert. ef. 3-26-02
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0495 Application by an Unserved Person for Service from a Small Telecommunications Utility

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.045, 759.580, 759.585, 759.590 & 759.595
PUC 13-2002, f. & cert. ef. 3-26-02

Or. Admin. R. 860-034-0505 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities

Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.270 - 757.290, 759.045 & 759.650 - 759.675
PUC 23-2001, f. & cert. ef. 10-11-01

Or. Admin. R. 860-034-0580 Preservation and Destruction of Records for Small Telecommunications Utilities and Type 2 Cooperatives

The Regulations to Govern the Preservation of Records of Communication Common Carriers, Part 42, 47 Code of Federal Regulations Chapter 1 (October 1, 2003, edition) is hereby adopted and prescribed by the Commission for all small telecommunications utilities and Type 2 telecommunications cooperatives.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.045 & 759.225
PUC 15-2004, f. & cert. ef. 10-28-04
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 8-2000, f. & cert. ef. 5-26-00
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)

Or. Admin. R. 860-034-0600 Definitions for Depreciation Guidelines for Small Telecommunications Utilities and Type 2 Cooperatives

As used in OARs 860-034-0600 through 860-034-0670:

(1) “Exception” means a rate for the depreciation of an investment made by a small telecommunications utility or Type 2 cooperative that exceeds the guideline rate. “Exception” also includes a rate for amortization of retired investment if the rate of amortization exceeds the otherwise applicable guideline rate for depreciation of that investment.

(2) “File” means compliance with Commission rules.

(3) “Guidelines” means the standards used by this Commission to determine rates for the depreciation of investment made by a small telecommunications utility or Type 2 cooperative to provide a through service.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.135, 759.220 & 759.225
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)

Or. Admin. R. 860-034-0610 Revision of Depreciation Guidelines

During February of 1995 and every three years thereafter, the Commission will open a docket to consider changes to the guidelines. The Commission will hold a prehearing conference to establish dates to resolve the issues.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.135, 759.220 & 759.225
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)

Or. Admin. R. 860-034-0620 Filing Deadlines for a Request for an Exception by a Small Telecommunications Utility or Type 2 Cooperatives

(1) A small telecommunications utility or Type 2 cooperative requesting an exception from the depreciation guidelines for one or more calendar years shall file a request for an exception on or before June 1 of the year preceding the first calendar year for which it seeks an exception.

(2) A small telecommunications utility or Type 2 cooperative may file a request for an exception after June 1 only if the Commission grants a motion to file out of time. The Commission may grant such a motion if the small telecommunications utility or Type 2 cooperative shows good cause for its failure to file timely and if the Commission concludes it has sufficient time to rule on the request on or before December 31 of the year preceding the first calendar year for which the small telecommunications utility or Type 2 cooperative seeks an exception.

(3) If the Commission grants a motion to file out of time, the time line set forth in OARs 860-034-0640 through 860-034-0660 shall begin on the date of the order granting the motion.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)

Or. Admin. R. 860-034-0630 Information to be Included With a Request for an Exception Filed Under OAR 860-034-0620

Information included with filing a request for an exception, at a minimum, shall:

(1) State the account(s) for which the small telecommunications utility or Type 2 cooperative seeks the exception;

(2) State the number of calendar years for which the small telecommunications utility or Type 2 cooperative seeks the exception; and

(3) Include an engineering analysis, economic analysis, or both, or other support for the exception.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)

Or. Admin. R. 860-034-0640 Review by Staff of a Request for an Exception Filed Under OAR 860-034-0620

On or before the 30th day following the filing of a request for an exception, staff shall issue a written response to the small telecommunications utility or Type 2 cooperative stating whether staff recommends approval or denial of the request.

(1) If staff recommends approval, it shall, within 15 days of notifying the small telecommunications utility or Type 2 cooperative of the recommendation, place on a Public Meeting agenda a recommendation that the Commission approve the request.

(2) If staff recommends denial, it shall provide written notice to the small telecommunications utility or Type 2 cooperative of such recommendation, specify the reason(s) therefore, and provide to the small telecommunications utility or Type 2 cooperative all documents, including, but not limited to, workpapers, studies, calculations, and internal memoranda which support its recommendation.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)

Or. Admin. R. 860-034-0650 Petition to Open Depreciation Docket

If staff recommends denial of a request for an exception, a small telecommunications utility or Type 2 cooperative may file a petition with the Commission requesting that the Commission open a docket to determine whether to grant the exception. The small telecommunications utility or Type 2 cooperative shall file its petition with both the Administrative Hearings Division and staff on or before the 20th day following the small telecommunications utility’s or Type 2 cooperative’s receipt of staff’s notification of recommended denial.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)

Or. Admin. R. 860-034-0660 Review Procedure and Schedule for a Request for an Exception Filed Under OAR 860-034-0650

(1) A small telecommunications utility or Type 2 cooperative filing a petition pursuant to OAR 860-034-0650 shall include as exhibits to the petition:

(a) Its request for exception and any material submitted in support of that request;

(b) Staff’s notification of recommended denial of the request for exception and all material provided by staff to the small telecommunications utility or Type 2 cooperative in support of staff’s recommended denial; and

(2) The petition and exhibits shall constitute the entire record unless, within 20 days following the small telecommunications utility’s or Type 2 cooperative’s filing, the staff files objections to the petition or exhibits or files supplemental evidence.

(3) If staff files an objection to the petition or exhibits or files supplemental evidence, the small telecommunications utility or Type 2 cooperative may file its response within 20 days from the date of the staff’s filing.

(4) Within ten days after the date when the small telecommunications utility or Type 2 cooperative is to respond, either staff or the small telecommunications utility or Type 2 cooperative may request a hearing. If neither staff nor the small telecommunications utility or Type 2 cooperative requests a hearing, then the record shall be closed.

(5) The Administrative Law Judge (ALJ) shall establish a schedule for the filing of briefs, upon request of either the small telecommunications utility or Type 2 cooperative or staff.

(6) The ALJ shall have discretion, for cause, to modify the schedule, but in no event may modify the schedule so as to prevent the Commission from issuing an order on or before December 31.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 12-1999, f. & cert. ef. 11-18-99
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)

Or. Admin. R. 860-034-0670 Extension of Time for a Request for an Exception

The Commission or a Hearings Officer may grant, upon a showing of good cause, a request to modify the filing dates set forth in OARs 860-034-0640 through 860-034-0660.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 3-1999, f. & cert. ef. 8-10-99
PUC 12-1998, f. & cert. ef. 5-7-98
PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)

Or. Admin. R. 860-034-0710 Extension of Time for a Request for an Exception Filed Under OAR 860-034-0650

Type 2 cooperatives shall, upon the Commission’s request, provide copies of any schedules showing rates, tolls, and charges, including all rules and regulations that in any manner affect any joint rates or rates charged for through services.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 9-2001, f. & cert. ef. 3-21-01
PUC 3-1999, f. & cert. ef. 8-10-99

Or. Admin. R. 860-034-0720 Announcement of Rate Increases for Joint Rates or Rates Charged for Through Services by Type 2 Cooperatives

A Type 2 cooperative that increases any joint rate or rate charged for a through service shall notify its affected customers, who have requested notice, at least 30 days before the proposed effective date of the increase, or as ordered by the Commission. The Type 2 cooperative shall file a copy of such notification at the same time with the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-1999, f. & cert. ef. 8-10-99

Or. Admin. R. 860-034-0725 Telephone Solicitation Notices by Telecommunications Cooperatives

Each telecommunications cooperative shall notify its residential customers of the provisions of ORS 646.561, 646.563, 646.567 through 646.578, and 646.608. The notice shall include a statement that a customer not wishing to be solicited may file a request, together with the required fees, with the telephone solicitation program administrator contracted by the State Attorney General. The notice shall include the address and the telephone number for the customer to contact the telephone solicitation program administrator. The notice shall be provided in the following manner and a copy shall be forwarded to the Commission:

(1) Annual inserts in the billing statements mailed to parties; or

(2) Conspicuous publication of the notice in the consumer information pages of local telephone directories.

History

Statutory/Other Authority: ORS 183, 646, 756 & 759
Statutes/Other Implemented: ORS 646.578 & 756.040
PUC 15-2001, f. & cert. ef. 6-21-01
PUC 3-2001, f. & cert. ef. 1-24-01

Or. Admin. R. 860-034-0730 Uniform System of Accounts for Type 2 Cooperatives

(1) The Uniform System of Accounts for Telecommunications Companies, Part 32, adopted by the Federal Communications Commission (FCC) on February 6, 2002, is hereby adopted and prescribed for all Type 2 cooperatives utilities except as modified for intrastate purposes in sections (2) through (5) of this rule.

(3) The allocation rules in Part 32, Section 32.27, are replaced by OAR 860-034-0740(3).

(4) For construction work in progress and property held for future use, each Type 2 cooperative shall maintain subsidiary records consistent with ORS 759.285.

(5) Each Type 2 telecommunications cooperative shall maintain subsidiary records sufficient to identify the following universal service fund collection, revenues, and expenses:

(a) [Reserved].

(b) Federal universal service fund collection (Account 5081).

(d) State universal service fund collection and contribution (Account 4010).

(e) Interstate and intrastate switched access revenue (Account 5082).

(f) Interstate and intrastate special access revenue (Account 5083).

(g) [Reserved].

(h) Distributions from the federal USF and the Oregon USF.

(i) Depreciation expenses related to telecommunications plant in service, depreciation expense related to property held for future use, and amortization expense.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 3-2013, f. & cert. ef. 5-17-13
PUC 8-2010, f. & cert. ef. 12-20-10
PUC 14-2002, f. & cert. ef. 3-26-02
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 16-2000, f. & cert. ef. 9-12-00
PUC 9-2000, f. & cert. ef. 5-26-00
PUC 3-2000, f. & cert. ef. 2-9-00
PUC 3-1999, f. & cert. ef. 8-10-99

Or. Admin. R. 860-034-0740 Allocation of Costs by Type 2 Cooperatives

(1) As used in this rule:

(a) "Affiliate transaction" means a transfer of assets, a sale of supplies, or a sale of services between accounts for services for which a joint rate is charged or for through services offered by a Type 2 cooperative and accounts for nonregulated activities of a separate entity that is either an affiliated interest or another company in which the Type 2 cooperative owns a controlling interest;

(b) "Asset" means any tangible or intangible property of a Type 2 cooperative or other right, entitlement, business opportunity, or other thing of value to which a Type 2 cooperative holds claim;

(c) "Cost" means fully distributed cost, including all overheads and rate of return as defined in section (1)(h) of this rule;

(e) "Market rate" means the lowest price that is available from nonaffiliated suppliers for comparable services or supplies;

(f) "Net book value" means original cost less accumulated depreciation;

(g) "Nonregulated service" means a service that is neither a through service nor a service for which a joint rate is charged, as defined by OAR 860-034-0015; and

(h) "Rate of return" means the rate or return established by the Commission for the calculation of a rate for a through service or for which a joint rate is charged.

(2) A Type 2 cooperative that provides both regulated and nonregulated intrastate service shall:

(b) Part 64, Subpart I, Allocation of Costs, adopted by the Federal Communications Commission on October 11, 2001, is hereby adopted and prescribed.

(3) For intrastate purposes, FCC rules governing affiliate transactions (Section 32.27) are replaced as follows:

(a) When an asset is transferred to regulated accounts from nonregulated accounts, the transfer shall be recorded in regulated accounts at the lower of net book value or fair market value;

(b) When an asset is transferred from regulated accounts to nonregulated accounts, the proceeds from the transfer shall be recorded in regulated accounts at the higher of net book value or fair market value;

(c) When an asset is transferred from a regulated account to a nonregulated account at a fair market value that is greater than net book value, the difference shall be considered a gain to the regulated activity. The Type 2 cooperative shall record the gain in a manner that will enable the Commission to determine the proper disposition of the gain in a subsequent rate proceeding;

(d) When services or supplies are sold by a regulated activity to a nonregulated activity, sales shall be recorded in regulated revenue accounts at the Type 2 cooperative’s cost; and

(e) When services or supplies are sold to a regulated activity by a nonregulated activity, sales shall be recorded in regulated accounts at the nonregulated activity’s cost or the market rate, whichever is lower. The nonregulated activity’s cost shall be calculated using the Type 2 cooperative’s most recently authorized rate of return.

(f) Income taxes shall be allocated among the regulated activities of the Type 2 cooperative, its nonregulated divisions, and members of an affiliated group. When income taxes are determined on a consolidated basis, the Type 2 cooperative shall record income tax expense as if it were determined for the Type 2 cooperative separately for all time periods.

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 24-2002, f. & cert. ef. 12-20-02
PUC 10-2000, f. & cert. ef. 5-26-00
PUC 3-1999, f. & cert. ef. 8-10-99

Or. Admin. R. 860-034-0750 Annual Report Requirements for Type 2 Cooperatives

Annual reports will be submitted by Type 2 cooperatives. The total company Form O report for the previous calendar year shall be submitted on or before April 1, using the most current forms approved by the Commission. The Form I report for the previous calendar year shall be submitted on or before October 31, using the most current forms approved by the Commission.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 759
Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225
PUC 19-2000, f. and cert. ef. 12-28-00
PUC 3-1999, f. & cert. ef. 8-10-99

Division 36 WATER UTILITIES

Or. Admin. R. 860-036-1000 Scope and Applicability of Rules

(1) The rules contained in Division 036 are applicable to water utilities providing water service in the State of Oregon.

(2) All water utilities must comply with applicable Commission rules, regulations, statutes, and orders, including those related to the filing of applications and petitions.

(3) Upon request or its own motion, the Commission may waive any of the Division 036 rules for good cause shown. A request for waiver must be made in writing and filed with the Commission's Filing Center.

(4) The rules contained in Division 036 do not restrict the authority of the Commission to require repairs or service improvements incorporating standards other than those set forth in this division when, after investigation, the Commission determines they are necessary.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.075, 756.515, 757.020, 757.035 & 757.310-757.330
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1010 General Definitions

As used in Division 036:

(1) "Applicant" means a person who does not meet the definition of a customer, who applies for service with a water utility.

(2) “Commercial service” means water service provided by the water utility that the customer uses in the promotion of a business or business product that is a source of revenue or income to the customer or others using the premises.

(3) "Customer" means a person who is currently receiving water service and is entitled to certain rights as a customer under these rules. A residential customer retains customer status for 20 calendar days following voluntary disconnection of service and must be treated as a customer if he or she reapplies for service within that 20 calendar day period.

(4) "Formal complaint" means a written complaint filed with the Commission's Administrative Hearings Division.

(5) "Informal complaint" means a complaint, registered with the Consumer Services Section, which is not the subject of a formal complaint.

(6) "Rate-regulated water utility" means a water utility that is subject to regulation of its rates and service under ORS 757.061.

(7) "Residential service" means water service provided for domestic or irrigation purposes in a residential area and is not considered a commercial service.

(8) "Served" for purpose of delivery of any required notice or document, unless otherwise specifically noted, means: delivered in person, by personal contact over the telephone, or in writing delivered to the party's last known address. If delivered by US Mail, the notice is considered served two calendar days after the date postmarked, the date of postage metering, or deposit in the US Mail, excluding Sundays and postal holidays.

(9) “Service-regulated water utility” means a water utility that is subject to regulation of its service under ORS 757.061.

(10) “Statement of rates” means a list of water service rate schedules and charges, including the terms and conditions for each service, for water utilities that are not rate regulated.

(11) “Tariff” means a rate-regulated water utility's published rates and charges, terms and conditions for each type of service, and rules and regulations.

(12) “Water system” means all assets, equipment, and infrastructure necessary in the provision of water service to customers.

(13) "Water utility" means a water system that is subject to Commission regulation as provided under ORS 757.005 and ORS 757.061. “Water utility” may include an association that provides water to its members if the association also serves the public or becomes regulated under ORS 757.063 and OAR 860-036-1930.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.061
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1050 Annual Fees Payable to the Commission by a Water Utility

(1) Subject to the provisions of this rule, each calendar year all water utilities under some form of Commission regulation must:

(a) Pay an annual revenue fee to the Commission as authorized in ORS 756.310; and

(b) Provide all information required in the Commission’s approved annual fee statement form available on the Commission’s website at www.puc.state.or.us/Pages/water/index.aspx.

(2) A fee payment may be made by cash, money order, bank draft, sight draft, cashier’s check, certified check, or personal check. A payment made by check will be conditionally accepted until the check is cleared by the bank on which it is drawn.

(3) In addition to the annual fee payable under section (1) of this rule, the Commission may impose the additional fees and penalties as authorized by ORS 756.350 and OAR 860-001-0050.

(4) For any year in which a water utility's statement form was due, the Commission may audit the utility as the Commission deems necessary and practicable. The audit must begin no later than three years after the statement form's due date. If the Commission determines that the utility has underreported its subject revenues, the Commission may assess an additional annual fee, along with a penalty for failure to pay under ORS 756.350. If the Commission determines that the utility has overpaid its annual fee, the Commission may, at its discretion, recompense the utility with a refund or a credit against annual charges subsequently due.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.310, 756.320 & 756.350
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1060 Estimated Annual Fees Payable to the Commission by a Water Utility

(1) For any year in which a water utility fails to file a completed annual statement form as required under OAR 860-036-1050(1), the Commission may determine a proposed annual fee based upon any information available to the Commission. The Commission will provide written notice of the proposed annual fee to the water utility. The notice must:

(a) Include a penalty for failure to pay as required by ORS 756.350;

(b) Include a late statement fee in accordance with OAR 860-001-0050;

(d) Include a statement that the water utility may request a hearing on the proposed annual fee within 30 calendar days of the notice.

(2) If the water utility has not filed a petition by the end of the 30-calendar day period, the proposed annual fee is due and payable.

History

Statutory/Other Authority: ORS 183, 192, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.310, 756.320 & 756.350
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1100 Information for Applicants and Customers

(1) When service is initiated and not less than once a year thereafter, a water utility must provide its residential customers with a copy of the Customer Rights and Responsibilities available on the Commission's website at https://www.oregon.gov/puc/Pages/default.aspx, or a Commission-approved version prepared by the utility. A copy of the Customer Rights and Responsibilities summary must be posted in a conspicuous place in the water utility's business office. Upon request, the Commission will provide a translation of the Commission’s Customer Rights and Responsibilities summary in Spanish, Vietnamese, Cambodian, Laotian, or Russian.

(2) All required notices and filings must include the water utility's legal name, name of the water system, mailing address, telephone number, emergency telephone number, and email address or website.

(3) Upon request by an applicant or a customer, a water utility must provide:

(a) A copy of its approved tariffs or statement of rates;

(b) A copy of the utility’s rules and regulations applicable to the type of service being provided; and

(c) The option to receive electronic copies of all written notices to be issued on the customer’s account under these rules.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040
PUC 8-2024, minor correction filed 12/06/2024, effective 12/06/2024
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1110 Water Utility Emergency and Nonemergency Response Requirements

(1) Each water utility must maintain a business location and a telephone number at which it may be contacted directly during its regular business hours. A water utility must respond to nonemergency inquiries, complaints, and service problems within one business day.

(2) A water utility must provide a means by which it may be contacted at any hour regarding a water failure or emergency. A water utility must respond to the caller within one hour of the time of the call or message and promptly take appropriate action to resolve the failure or emergency. If extenuating circumstances exist that prevent the water utility from responding to the caller within one hour, the Commission may require the water utility to justify the delay.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1120 Designation of Third Party to Receive Copies of Bills and Notices

A water utility must offer applicants and customers the option to designate a third party to receive copies of bills, notices, or both. When a water utility receives such designation, it must send duplicate copies of bills or notices required under these rules to the customer's representative.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1150 Dispute Resolution

(1) When a dispute occurs between an applicant or a customer and a water utility regarding any charge or service, the water utility must:

(a) Thoroughly investigate the matter;

(b) Promptly report the results of its investigation to the complainant;

(d) Prepare a written record of the dispute including the name and address of the complainant involved, the date the complaint was received, the issues in dispute, a summary of the water utility's efforts to resolve the dispute, and the disposition of the matter; and

(e) Retain records of the dispute for at least 36 months after the investigation is closed.

(2) If the water utility and the complainant cannot resolve the dispute, the water utility must inform the complainant of the right to contact the Consumer Services Section and request assistance in resolving the dispute. The water utility must provide the complainant information about how to contact the Consumer Services Section.

(3) The Consumer Services Section will investigate any dispute upon request to determine whether it can be resolved as an informal complaint.

(a) The complaint must be filed electronically with the Filing Center at PUC.FilingCenter@puc.oregon.gov.

(b) If the complainant does not have access to electronic mail,

(A) The complaint may be mailed, faxed, or delivered to the Filing Center at the address set out in OAR 860-001-0140; and

(B) The complaint must include a request for waiver of electronic service and filing requirements. This request is included on the form available from the Consumer Services Section.

(c) The Commission will serve the complaint on the water utility. The Commission may electronically serve the water utility with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file.

(d) The water utility must answer the complaint within 15 calendar days of service of the complaint by the Commission. The water utility must serve a copy of its answer on the complainant.

(A) If the water utility files a motion to dismiss, the complainant may file a response within 15 calendar days of the motion. If the complainant responds, the complainant must file the response with the Filing Center and send a copy to the utility. The Commission may make a decision on the formal complaint based on the information in the complaint, the utility’s response and motion to dismiss, and the complainant’s response to the utility’s motion; or

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.500-558
PUC 8-2026, amend filed 06/24/2026, effective 06/25/2026
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1160 Continued or Restored Service Pending Informal or Formal Dispute

(1) A complainant with an informal or formal complaint is entitled to continued or restored service if:

(a) Disconnection of service is or was based on grounds other than tampering with water utility property, stealing, diverting, or engaging in unauthorized use of water;

(b) A bona fide dispute exists in which the facts asserted entitle the complainant to service;

(d) The complainant pays all undisputed amounts for water service pending resolution of the dispute.

(2) In determining whether the conditions in section (1) of this rule are met for a complainant with an informal complaint, the water utility must consult with the Consumer Services Section.

(3) A complainant with a formal complaint may request a hearing to determine entitlement to continued or restored service. Unless extraordinary circumstances exist, the Commission will conduct the hearing by telephone within three business days. Notice of the hearing will be provided to the complainant and the water utility at least 12 hours before the date and time of the hearing.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 756.500
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1200 Applications for Water Utility Service

(1) Any person wanting water service must submit an application to the water utility. A separate application is required for each property to be served.

(2) A water utility may require an applicant to provide the following information when applying for service:

(a) The applicant's name, service address, and billing address;

(b) The contact information where the applicant can be reached;

(d) The name to be used to identify the account, if different than the applicant’s actual name.

(3) If the account is for residential service, the water utility may also request the applicant to provide the following information:

(a) The names and birth dates of all persons responsible for payment on the account; and

(b) For each person responsible for payment on the account, two forms of government-issued photo identification, or one government-issued photo identification and one of the following:

(A) A valid social security number;

(B) A current photo identification from a school or employer and the name, address, and telephone number of a person who can verify the applicant's identity, such as a teacher, employer, or caseworker; or

(4) Once an applicant has submitted all information required by the water utility under these rules, a water utility must either accept or refuse an application within two business days of its receipt.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1210 Establishing Credit for Residential Service

(1) Except as provided by section (3) of this rule, a water utility may require an applicant to establish satisfactory credit for new residential service by showing one of the following:

(a) The applicant received 12 months of continuous water service during the preceding 24 months, and the water utility can verify that the applicant voluntarily disconnected service and timely paid for all services rendered; or

(b) The applicant provides proof of a regular source of income.

(2) If an applicant is unable to establish satisfactory credit, a water utility may require a deposit under OAR 860-036-1220(2) or allow a written surety agreement under OAR 860-036-1230.

(3) An applicant who has customer status under OAR 860-036-1010(3) is not required to establish credit for new residential service.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1220 Deposits for Residential Service

(1) Under conditions set forth below, a water utility may require an applicant or customer to pay a deposit as a guarantee of payment for services provided. Amounts held by a water utility may not exceed one-sixth of the actual or estimated annual billing for the premises.

(2) A water utility may require an applicant to pay, prior to service being provided, a deposit at the time of filing an application if:

(a) The applicant is unable to establish credit under OAR 860-036-1210;

(b) The applicant was previously disconnected by the water utility for tampering with water utility facilities, theft of service, or unauthorized use of water under OAR 860-036-1590; or

(A) Was disconnected for nonpayment; or

(B) Failed to pay the account final bill by the due date.

(3) After service is initiated, the water utility may require a customer to pay a deposit, to be paid in full within seven calendar days, if:

(a) The customer provided false information to establish credit; or

(b) The customer tampered with water utility facilities or engaged in theft of service or unauthorized use of water under OAR 860-036-1590.

(4) A customer's failure to pay a deposit imposed under section (3) of this rule within seven calendar days is grounds for disconnection under OAR 860-036-1500.

(5) The water utility may adjust the deposit amount when a customer moves to a new location within the water utility's service area, and the anticipated bill at the new residence will be at least 20 percent greater than the basis of the existing deposit.

(6) When the customer pays the deposit in full, the water utility must provide the customer with a written document showing the date, the service address, the amount of deposit, the customer's payment made in full, the interest rate to be applied to the deposit, and an explanation of the conditions under which the deposit will be refunded.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1230 Surety Agreements

(1) A water utility must inform any residential applicant or customer who is required to pay a deposit of the opportunity to provide a written surety agreement in lieu of paying the deposit. A surety agreement obligates another qualifying residential customer of the same water utility to pay an amount up to the required deposit if the secured account is later disconnected and a balance remains owing following the due date for the closing charges. To qualify as a surety, the other residential customer must have had 12 months of continuous service with the water utility without a late payment.

(2) If the deposit is required of an applicant under OAR 860-036-1220(2), the water utility may require the signed surety agreement prior to service being provided.

(3) If the deposit is required of a customer under OAR 860-036-1220(3), the water utility may require a signed surety agreement within seven calendar days. A customer's failure to timely provide a surety agreement is grounds for disconnection under OAR 860-036-1500.

(4) If the secured account is disconnected and a balance remains following the due date for closing charges, the water utility may bill the surety for amounts up to the surety agreement amount. The water utility may apply any payment received from the surety first to the amount due under the surety agreement. The water utility may disconnect the surety’s service for non-payment of the surety agreement amount after providing notice to the surety under OAR 860-036-1510.

(5) The surety may terminate the surety agreement after 12 months upon seven calendar days’ advance written notice to the water utility.

(6) A water utility may terminate a surety agreement at any time upon seven calendar days’ notice to both the surety and the secured customer if the surety no longer meets the qualifications under section (1) of this rule.

(7) In the event a surety agreement is terminated under section (5) or (6) of this rule, the water utility will provide notice of the termination of the surety agreement to the customer. The water utility may require the customer, within seven calendar days, to pay the required deposit amount, enter into a deposit payment arrangement, or obtain a written surety agreement from another qualifying customer.

(8) The surety agreement automatically terminates when:

(a) The secured account is closed and paid in full;

(b) The secured account is closed and the surety pays the full amount secured by the surety agreement; or

(c) The customer with the secured account establishes credit under OAR 860-036-1260(2) or pays a deposit under OAR 860-036-1220.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1240 Deposit Payment Arrangements for Residential Service

(1) A water utility must allow a deposit for residential service to be paid in three installments unless the deposit:

(a) Is required to restore service that was disconnected for failure to pay a deposit; or

(b) Was assessed under OAR 860-036-1220(3).

(2) Under a deposit installment agreement, the water utility may require the first installment to be paid immediately and the remaining two installments to be paid 30 and 60 calendar days after the first installment payment.

(3) For each deposit installment agreement, the water utility must provide a written agreement that specifies the amount and date each installment payment is due. The agreement must also include a statement, printed in bold-face type, that water service will be disconnected if an installment payment is not paid.

(4) A customer's failure to abide by the terms of a deposit installment agreement is grounds for disconnection under OAR 860-036-1500.

(5) If a water utility adjusts the deposit amount under OAR 860-036-1220(5), the water utility must adjust the remaining payments to include the additional amounts required.

(6) When a payment is made for both water service and a deposit installment, the payment must be applied first to the deposit installment due.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1250 Interest on Deposits for Residential and Nonresidential Service by Rate-Regulated Utilities

(1) Rate-regulated water utilities must pay interest on all customer deposits. Each year the Commission will notify all rate-regulated water utilities of the required interest rate to be applied to deposits held during January 1 through December 31 of the subsequent year.

(2) If the deposit is held beyond one year, accrued interest must be paid by a credit to the customer’s account. If held less than one year, interest must be prorated.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1260 Refund of Deposits

(1) A water utility must refund all deposits and accrued interest once credit is established, reestablished, or when service is disconnected. The water utility must issue a credit to the customer's account or mail the refund to the customer's last known address unless otherwise specified. Customer refunds must first be applied to any unpaid balance on the customer's account.

(2) For purposes of this rule, credit is considered established or reestablished one year after the deposit is paid in full if:

(a) The account is current;

(b) Not more than two 7-calendar day disconnection notices were issued to the customer during the previous 12 months; and

(3) Deposits plus accrued interest may be refunded or credited, in whole or in part, to the customer's account at any time earlier than prescribed in this rule, provided the water utility's procedures are nondiscriminatory.

(4) The water utility must honor valid claims for payment of refunds if received within one year of the date service is disconnected. Funds held beyond one year after the date service is disconnected will be disposed of in accordance with ORS 98.316.

(5) Accrued interest must be paid in accordance with OAR 860-036-1250. A water utility must keep a detailed record of each deposit received until the deposit is credited or refunded.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 98.316 & 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1270 Refusal of Water Utility Service

(1) A water utility must refuse to provide service if:

(a) The applicant's facilities do not comply with the codes, rules, or regulations of the appropriate governing authorities or the best practices governing safe and adequate water service, or with the reasonable rules and regulations of the water utility;

(b) The water utility does not have adequate facilities, resources, or capacity to provide the requested service without impairing service to other customers; or

(2) If a water utility refuses to provide service under section (1) of this rule, the water utility must provide the applicant with written notice of the refusal within seven calendar days of the request for service. The notice must:

(a) Provide the information required by OAR 860-036-1100(2);

(b) Explain the specific reasons for refusing water service;

(d) Inform the applicant of the right to dispute the refusal by contacting the Consumer Services Section at the contact information provided in OAR 860-001-0020(2).

(3) Except as provided in section (4) of this rule, a water utility may refuse to provide service if:

(a) The applicant has amounts owing under a tariff or statement of rates; or

(b) The applicant for residential service has a roommate with amounts owing under a tariff or statement of rates, and the applicant lived with the roommate at the time the amounts owing were incurred.

(4) If the applicant for residential service was a former residential customer with amounts owing and was involuntarily disconnected for non-payment and applies for service within 20 calendar days of the disconnection, the water utility must provide service upon receipt of one-half of the amount owed with the remainder due within 30 calendar days.

(a) If the former customer fails to pay the remaining amounts within 30 calendar days, the utility may disconnect service after issuing a 7-calendar day disconnection notice in accordance with OAR 860-036-1510(4).

(b) If service is disconnected, the utility may refuse to restore service until it receives full payment of all amounts owing, including reconnection charges allowed under OAR 860-036-1580.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.035 & 757.225
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1300 Water Service Connection

(1) A water service connection is defined as the facilities used to connect a water utility's distribution network to the point of connection at the customer's service line. The water utility owns and maintains the water service connection.

(2) A customer's service line is defined as the facilities used to convey water from the point of connection to the customer's point of usage. The customer owns and maintains the customer service line.

(3) If authorized by its tariff or statement of rates, a water utility may recover a reasonable, cost-based service connection charge to offset the expense listed in section (1) of this rule.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1310 Main Line Extensions

(1) A main line extension is defined as the extension of a water utility's main line necessary to provide service to a customer when the property does not currently have main line frontage.

(2) A water utility may charge a reasonable non-discriminatory main line extension charge if the charge and policy are stated in the water utility's tariff or statement of rates.

(3) A water utility must have a main line extension policy that:

(a) Lists all applicable charges;

(b) Describes the advance and refund provisions, including a description of the mechanisms for collecting and rebating the amount charged equitably among the customers who paid for the cost of the line; and

(4) Upon request, the water utility must provide a written breakdown of its main line extension costs and the allocation of those costs to the customer.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1320 Temporary Service

A water utility may provide temporary service to a customer and charge all costs of installing and removing the temporary service, in excess of any salvage realized, if the costs are stated in the water utility's tariff or statement of rates.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1330 Restrictions on Entering a Customer Residence

A water utility employee or representative may not enter the residence of a customer without proper authorization except during an emergency endangering life or property.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1350 Use of Water Meters

(1) The water utility must provide and install at its expense any water meter used to calculate a customer's bill, unless the water utility’s tariff or statement of rates allows the recovery of the cost, including installation, from the customer. A rental charge may not be assessed for a meter used to calculate a customer's bill.

(2) All meters must be tested before installation or within 30 calendar days thereafter. Meters must be accurate to no more than two percent fast or slow under normal operating conditions. The water utility must prepare a test record and retain the current and immediately prior test records for all meters tested. The test record must include:

(a) Meter identification number and location;

(b) The reason for the test;

(d) The beginning and ending meter readings;

(e) The test results and conclusion; and

(f) All data taken at the time of the test.

(3) Upon request by a customer, a water utility must provide information about how to read the water meter.

(4) Meters registering in excess of the two percent standard must be repaired or replaced within 30 calendar days after discovery. Pending repair or replacement of the meter, the water utility must adjust the customer's bill to compensate for any identified inaccuracy in accordance with OAR 860-036-1440.

(5) All meters must be in good working condition, adequate in size and design, and display the units of service measured.

(6) A water utility may assess the customer the actual cost incurred for any meter relocation that is requested by the customer for the customer's convenience.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.250
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1360 Customer Requested Meter Tests

(1) A customer may ask the water utility to test the water meter once every 12 months at no cost. The water utility must test the water meter within seven calendar days of the request, unless the customer fails to provide the water utility reasonable access to the meter.

(2) A customer or a designated representative has the right to be present at any on-site meter test. The test must be conducted at a mutually acceptable time.

(3) Within seven calendar days of performing the requested meter test, the water utility must provide a meter test report to the customer. A sample report form is available at www.puc.state.or.us/Pages/water/forms_notices/water_notices.aspx. The report must include:

(a) The information required by OAR 860-036-1100(2);

(b) The name of the customer requesting the test and the service address where the meter was tested;

(d) The name of the person performing the test;

(e) The meter identification number and location;

(f) The beginning and ending meter readings; and

(g) The actual test results and conclusion.

(4) If a customer requests more than one meter test within any 12-month period and the test results indicate that the meter is registering within the two percent performance standard, the customer may be assessed a reasonable charge for the test if the charge is included in a water utility's tariff or statement of rates. If the meter registers outside the two percent performance standard, the water utility may not charge the customer for the meter test.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1370 Meter Readings

(1) A water utility must read meters that are used to calculate a customer’s bill on monthly intervals and as near as possible on the same corresponding day of each month unless otherwise indicated in its tariff or statement of rates. A water utility may use estimated readings for billing purposes under OAR 860-036-1400(3), but must actually read a meter at least once every four months.

(2) Upon customer request, a water utility manually reading meters must leave the meter reading information at the customer's premises at the time of the meter reading. The information must contain the date and time of the meter reading and the meter reading data.

(3) A customer must provide the water utility with regular access to the meter on the customer's property. Failure to permit reasonable access is grounds for disconnection under OAR 860-036-1500.

(4) When access to a meter is difficult due to the meter's location or other circumstances, the water utility may seek the customer's cooperation in obtaining meter readings.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.250
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1400 Customer Billings

(1) A water utility must provide its customers with timely billings every month or as indicated in its tariffs or statement of rates.

(2) A water utility must prepare bills, including opening and closing bills, from actual meter readings, unless conditions prevent an actual meter reading.

(3) If billings are based on estimated readings, the water utility must clearly identify the estimated meter reads and the estimated consumption on the bill. The water utility must verify the actual meter reading at least once every four months and adjust the customer's bill as needed.

(4) Customer bills must include the information required by OAR 860-036-1100(2). A sample bill form is available at www.puc.state.or.us/Pages/water/forms_notices/water_notices.aspx.

(5) The water utility must provide information in the bill sufficient for the customer to understand and compute the charges being assessed, including:

(a) Separate line items for past due balance, payments and credits, new charges, late fees, and total account balance;

(b) The date new charges are due (at least 15 calendar days from the date the bill was served);

(c) Calculation of new charges including base or flat rate, usage billing tiers and rates, beginning and ending meter readings, the dates the meter was read, rate schedule, billing period, and number of days in the billing period; and

(d) The date any late payment charge was applied and an explanation of the terms of the late payment charge; i.e., "A late charge of (insert charge) may be applied to all past due balances carried forward to the next billing cycle."

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1410 Application of Partial Payments

Absent written instructions from the customer, and consistent with OAR 860-036-1240(6), the water utility must apply payments in the following order:

(1) Past due regulated tariff or statement of rates services;

(2) Currently due regulated tariff or statement of rates services; and

(3) Non-regulated services.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1420 Time-Payment Plans for Residential Water Service

(1) A water utility must offer time-payment plans to allow a customer to pay past-due amounts over a period of time, unless the amounts owing relate to theft of service, tampering, unauthorized use of water, or failure to abide by the terms of a time-payment plan. The customer must make the initial payment within one business day of agreeing to the time-payment plan.

(2) A water utility must offer time-payment plans to:

(a) A current residential customer with past-due amounts; and

(b) A residential customer whose service was voluntarily disconnected and who reapplies for service within 20 calendar days of disconnection.

(3) A water utility must offer the customer the option to choose between a levelized-pay arrearage plan and an equal-pay arrearage plan:

(a) A customer who selects a levelized-pay arrearage plan must make an initial payment equal to one-twelfth of the sum of the average annual bill and past-due balance. The customer will make a like payment each month for the next 11 months. The water utility must review the levelized-pay arrearage plan within four to six months of the agreement and modify payments if there is a change in rates or significant variations in the amount of water consumed by the customer.

(b) A customer who selects an equal-pay arrearage plan must make an initial payment equal to one-twelfth the account amount and a like payment for each of the next 11 months, plus pay monthly amounts billed for current usage.

(4) The water utility and customer may agree to an alternate time-payment plan provided the utility informs the customer of the options in section (3) of this rule.

(5) Upon request, a water utility must provide a written explanation of the terms of an agreed-upon time-payment plan.

(6) If the customer changes residence within the water utility's service area during a time-payment plan, the terms of the time-payment plan continue.

(7) A customer's failure to abide by the terms of a time-payment plan agreement is grounds for disconnection after providing notice as required by OAR 860-036-1510(4)(b).

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1430 Late-Payment Charge

(1) A water utility may include a late payment charge in its tariffs or statement of rates that:

(a) May be applied to residential accounts with a past-due balance at the time the water utility prepares the subsequent bill for the next billing cycle;

(b) May be applied to all other accounts with a past-due balance if payment is not received by the bill due date; but

(2) For rate-regulated water utilities, the Commission determines the late-payment rate based on a survey of prevailing market rates for late-payment rates of commercial enterprises. The Commission will advise all rate-regulated water utilities of any change in the rate used to determine late-payment charges on past-due customer accounts.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1440 Adjustment of Utility Bills

(1) If a water utility determines that it incorrectly billed a current or former customer for tariffed services, the water utility may take corrective action depending upon the time the billing error occurred and the date the water utility discovered the error.

(2) If the utility billed and collected more than the amounts stated on its tariff for services, the water utility must refund or credit amounts incorrectly collected during the 12-month period ending on the date on which the water utility issued the last incorrect bill. However, if the incorrect billing occurred more than three years before the incorrect billing is discovered, no refund or credit is required. For example, if the water utility discovers in July 2016 that it over collected amounts from January 2013 to January 2015, the utility must refund or credit amounts over collected for the period from January 2014 to January 2015. However, if that billing error occurred from January 2013 to January 2014, the water utility is only required to refund or credit amounts over collected from July 2013 to January 2014.

(3) If the utility billed and collected less than the amounts stated on its tariff for services, the utility may issue a bill to collect amounts owing for the 12-month period ending on the date on the water utility issued the last incorrect bill. However, the utility may not bill for services provided more than two years before the date the utility discovered the billing error. For example, if a utility discovers in July 2015 that it under collected amounts from July 2012 to July 2014, it may bill the customer or former customer for amounts owed for the period from July 2013 to July 2014. However, if the water utility discovered that billing error in January 2016, it may only collect amounts incorrectly billed during the period from January 2014 to July 2014.

(4) Notwithstanding section (3) of this rule, if the utility’s under collection for tariffed services was the result of fraud, tampering, diversion, theft, misinformation, false identification, or other unlawful conduct on the part of the customer or former customer of the water utility, the water utility may collect full payment for any amount owed without limitation.

(5) When a water utility issues a bill to collect under collected amounts, a current or former customer of a water utility may enter into a time-payment agreement as provided in OAR 860-036-1420. If the customer is already on a time-payment plan, the utility must offer to renegotiate the payment plan to include the billing error. If the customer and utility cannot agree upon payment terms, the Commission will establish terms and conditions to govern the customers’ obligation. This section does not apply if the corrected billing is the result of the conditions listed in section (4) of this rule.

(6) When a water utility requires payment for amounts previously under collected, the utility must provide a written notice that explains:

(a) The circumstance and time period of the billing error;

(b) The corrected bill amount and the amount of the necessary adjustment:

(d) The right for a current or former customer to enter into a time-payment agreement with the utility.

(7) A billing adjustment is not required if a water meter registers less than a two percent error under conditions of normal operation.

(8) The water utility may waive rebilling or issuing a refund check when the costs make such action uneconomical.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.077
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1450 Transfer Billings

(1) Except as provided in section (3) of this rule, if a water utility determines that a customer owes an amount from a closed account the customer previously held with the water utility, the water utility may transfer the closed account balance to the customer's current account. The water utility must give the customer a separate, written notice of the transfer, including the amount owing, the time period when the balance was incurred, and the service address where the balance owing was incurred.

(2) If the customer has a balance owing on an existing time-payment plan, the customer may enter into a new time-payment plan under OAR 860-036-1420 incorporating all amounts owing.

(3) A water utility may not transfer a balance owing on a non-residential account to a residential account.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.225
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1500 Grounds for Involuntary Disconnection

(1) A water utility may disconnect water service when:

(a) A customer fails to pay charges due for services rendered under a water utility tariff or statement of rates;

(b) A customer fails to pay a deposit, fails to timely provide a surety under OAR 860 036-1230 or comply with its terms, or fails to comply with the terms of a deposit installment agreement under OAR 860-036-1240.

(d) A customer provides false identification to establish or to continue service;

(e) A customer has facilities that do not comply with the applicable codes, rules, regulations, or the best practices governing safe and adequate water service, including compliance with the water utility's Cross Connection Control Program;

(f) A customer fails to provide reasonable access to the meter or premises;

(g) A customer tampers with water utility facilities or engages in theft of service or unauthorized use of water;

(h) A customer fails to comply with water restriction requirements under OAR 860 036-1670; or

(i) The Commission approves the disconnection of service.

(2) Nothing in this rule prevents a water utility from temporarily interrupting service to protect the health and safety of its customers or to maintain the integrity of its system.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.035 & 757.225
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1510 Required Notices for Involuntary Disconnection

(1) Except as provided in sections (4) and (5) of this rule, the water utility must provide the customer with two written notices in advance of disconnection: a 15-calendar day disconnection notice and a 7-calendar day disconnection notice.

(2) The 15-calendar day and 7-calendar day disconnection notices under this rule must be printed in bold face type and use plain, simple language. The notices must:

(a) Provide the information required by OAR 860-036-1100(2);

(b) State that the customer’s water service is subject to disconnection on or after a specific date;

(d) State what action the customer must take to avoid disconnection; and

(e) State that the customer may dispute the disconnection by contacting the Consumer Services Section at the contact information provided in OAR 860-001-0020(2).

(3) If the disconnection notice is for nonpayment, the notice must also:

(a) State the amount the customer must pay to avoid disconnection;

(b) Provide information about the customer’s eligibility for a time-payment agreement provided in OAR 860-036-1420 for residential customers, unless the customer is being disconnected for failing to comply with an existing time-payment agreement or has engaged in theft of service, tampering with utility property, diverting water, or unauthorized use of water; and

(c) State that once service is disconnected, the water utility will reconnect service only after the customer reapplies for service and pays all applicable charges.

(4) Only one written 7-calendar day disconnection notice is required if the customer:

(a) Fails to timely pay a deposit under OAR 860-036-1220(3) or secure a surety agreement under OAR 860-036-1230, or to abide by a deposit installment agreement under OAR 860-036-1240;

(b) Fails to abide by terms of a payment arrangement under OAR 860-036-1270(4) or 860 036-1420; or

(c) Engaged in theft of service, tampering with utility property, diverting water, or unauthorized use of water under OAR 860-036-1590.

(5) A water utility may disconnect a customer without issuing either a 15-calendar day or 7 calendar day disconnection notice if the customer has been informed of but fails to comply with a water use restriction imposed under OAR 860-036-1670.

(6) All disconnection notices under this rule must comply with OAR 860-036-1550 relating to the disconnection of service to tenants, and OAR 860-036-1120 relating to the designated representatives.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1520 Delivery of Notices for Involuntary Disconnection

(1) The 7-calendar day and 15-calendar day advance written notices of disconnection must be hand-delivered in person to the customer or adult at the premises, or sent by the US Mail to the customer’s billing address and designated representative. Mailed notices are considered served two calendar days after deposited in the US Mail, excluding Sundays and postal holidays.

(2) In addition to the notice required by section (1) of this rule, the water utility must provide an electronic notice to customers who requested to receive notices electronically.

(3) The water utility may not send disconnection notices for non-payment before the date payment is due.

(4) The water utility must keep a record of how disconnection notices were served to the customer.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1530 Water Utility Requirements on the Day of Involuntary Disconnection

(1) Within 48 hours prior to disconnecting service, the water utility must make a good-faith effort to contact the customer or an adult at the residence and provide notice of the proposed disconnection.

(2) The notice may be provided in person or by telephone. The water utility must keep records to document how and when contact was made or attempted.

(3) When personal contact has been made under section (1) of this rule, and the circumstances are such that a reasonable person would conclude that the customer or the adult at the residence does not understand the possible consequences of disconnection, the water utility must:

(a) Immediately notify the Consumer Services Section; and

(b) Delay the proposed disconnection date for an additional seven calendar days.

(4) If the water utility is unable to make personal contact under section (1) of this rule, the water utility must leave a notice in a conspicuous place informing the customer that service has been disconnected.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.061 & 757.225
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1540 Disconnection of Service on Weekends and Holidays

A water utility may not disconnect service for non-payment on a non-business day, or the day immediately preceding a non-business day, of either the utility or the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1550 Disconnection of Water Service to Tenants

(1) If a water utility's records show that a residential billing address is different from the service address, the water utility must mail a duplicate notice to the service address, unless the utility has verified that the service address is occupied by the customer.

(2) If a water utility's records show that the service location is a master-metered, multi-dwelling service address, the water utility must provide a duplicate of the 7-calendar day disconnection notice to each unit at the service address. The disconnection notice must be addressed to "Tenant." The envelope must bear a bold notice stating, "IMPORTANT NOTICE REGARDING DISCONNECTION OF WATER UTILITY SERVICE." Tenant notices may not include the dollar amount owing.

(3) The water utility must notify the Consumer Services Section at least seven calendar days before disconnecting service to a master-metered, multi-dwelling premise.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1560 Voluntary Disconnection

A customer requesting disconnection of service must provide the water utility with at least seven calendar days’ advance notice.

(1) The customer is responsible for all service provided for seven calendar days following the request for disconnection or until service is disconnected, whichever comes first; or

(2) If the customer identified a specific date for disconnection in excess of seven calendar days, the customer is responsible for service rendered up to and including the requested date of disconnection.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1570 Reconnection of Residential Water Service

(1) The water utility must reconnect service as soon as reasonably possible within the normal course of business after the applicant has:

(a) Paid all applicable charges;

(b) Applied for service;

(d) Satisfied all requirements for service.

(2) The water utility must provide a means by which an applicant or customer may contact the water utility during normal business hours to request a service reconnection. Normal business hours are defined as 8:00 a.m. to 5:00 p.m., Monday through Friday, regardless of the water utility's business hours.

(3) The water utility must offer reconnections during normal business hours and after hours. The water utility must specify reconnection times and associated charges and post the information in the water utility’s office.

(4) The water utility may charge for reconnections during normal business hours and after hours if the charges are stated in its tariffs or statement of rates.

History

Statutory/Other Authority: ORS Ch. 183 & 756
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1580 Disconnection, Reconnection, and Field Visit Charges

If authorized by the water utility's tariffs or statement of rates, a water utility may assess and require payment of one or both of the following as applicable prior to reconnecting service:

(1) A reasonable disconnection and reconnection charge if the water service was involuntarily disconnected, or

(2) A reasonable field visit charge if the water utility visits a service address intending to disconnect or reconnect service, but due to customer action, the utility is unable to disconnect or reconnect service.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.225
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1590 Tampering with Water Utility Facilities, Theft, or Unauthorized Use of Water

(1) Customers are prohibited from tampering with the water utility’s property and facilities or stealing, diverting, or engaging in unauthorized use of water.

(2) If a water utility discovers that a customer has tampered with water utility property or facilities, or has engaged in theft or unauthorized use of water, the water utility must notify the customer of the violations and may take one or more of the following actions:

(a) Repair or restore the facilities and charge the customer the costs incurred;

(b) Adjust the customer's prior billing for loss of revenue under the applicable tariffs or schedule of rates;

(c) Initiate action to disconnect service. As provided by OAR 860-036-1510, the water utility need only provide a written 7-calendar day disconnection notice prior to service disconnection;

(d) Require a new application for service that accurately reflects the customer's proposed water use; and

(e) Assess a deposit for restored or continued service.

(3) In addition to actions taken by the water utility, the Commission may assess civil penalties under ORS 757.994 against customers who violate section (1) of this rule.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.994
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1600 Adequacy of Water Service

(1) A water utility must maintain its facilities according to industry rules, regulations, and standards and in such condition to provide safe, adequate, and continuous service to its customers. This includes, but is not limited to:

(a) Maintaining a current knowledge of the condition and adequacy of its facilities;

(b) Regularly inspecting and testing equipment and plant;

(d) Maintaining regular system flushings;

(e) Making timely repairs;

(f) Replacing parts and equipment as necessary;

(g) Making necessary improvements to the water system;

(h) Reasonably restoring areas disturbed by construction, repairs, or improvements; and

(i) Preparing work and maintenance records, and retaining those records consistent with the Commission's Guide for the Preservation of Records for Public Water Utilities available at http://www.puc.state.or.us/Pages/General-Information-for-Water-Utilties.aspx.

(2) A water utility is prohibited from intentionally diminishing the quality of service below the level that can reasonably be provided by its facilities.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.020 & 757.250
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1610 Quality of Water Supply for Domestic Purposes

A water utility must provide a domestic water supply that is free from bodily injurious physical elements and disease-producing bacteria and reasonably free from elements that cause physical damage to customer property, including but not limited to pipes, valves, appliances, and personal property.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1620 Water Utility Responsibilities Regarding Service Complaints

(1) The water utility must prepare and retain a log of all service complaints consistent with the Commission's Guide for the Preservation of Records for Public Water Utilities available at http://www.puc.state.or.us/Pages/General-Information-for-Water-Utilties.aspx.

(2) When the water utility receives a complaint regarding a service problem, the water utility must immediately inform all customers materially affected. The information must include:

(a) The source or suspected source of the service problem;

(b) The expected date, time, and duration of the repair or action by the water utility; and

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1630 Unscheduled Interruptions of Service

(1) A water utility may perform an unscheduled interruption of service as necessary to protect the health and safety of its customers or to maintain the integrity of its system.

(2) If an unscheduled interruption of service is required, the water utility must:

(a) Make a reasonable effort to notify the customers affected and the Consumer Services Section in advance of the interruption;

(b) Report the unscheduled interruption to the Consumer Services Section at the contact information provided in OAR 860-001-0020(2), and

(c) Restore service as soon as it is reasonably possible after resolving the issue, unless other arrangements are agreed to by the affected customers.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1640 Scheduled Interruptions of Service

(1) A water utility may schedule water service interruptions for maintenance and repairs. A water utility must schedule service interruptions to reasonably minimize customer inconvenience.

(2) A water utility must provide advance written notice to all customers affected by any scheduled service interruption. In addition, the notice must be posted in the utility's office and on its website, if available. The notice must include:

(a) The information required by OAR 860-036-1100(2);

(b) The date, time, and estimated duration of the scheduled interruption;

(d) A statement cautioning customers to avoid using water during service interruptions to prevent debris in the customers' service lines; and

(e) The contact information for the Consumer Services Section provided in OAR 860 001-0020(2).

(3) Notices of scheduled interruptions of service must be served by:

(a) A door hanger or personal delivery to an adult at the affected premises at least five calendar days in advance of the service interruption; or

(b) US Mail at least ten calendar days prior to the service interruption.

(4) In addition to the notice requirements in section (3), the water utility must provide an electronic notice to customers who requested to receive notices electronically.

(5) A water utility must keep a record of all scheduled service interruptions. The record must include the time, duration, and cause of the planned service interruption. The record must be retained consistent with the Commission's Guide for the Preservation of Records for Public Water Utilities available at http://www.puc.state.or.us/Pages/General-Information-for-Water-Utilties.aspx.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.125
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1650 Adequate Water Pressure Required

(1) A water utility must maintain adequate water pressure. In general, water pressure measuring between 45 and 80 pounds per square inch in the water mains is adequate for the purpose of this rule. However, adequate pressure may vary depending on each individual water system.

(2) A water utility may temporarily reduce or increase water pressure for fire flows, noticed repairs and maintenance, scheduled or emergency flushings, and unscheduled or emergency repairs and outages.

(3) Each water utility must maintain permanent pressure recording gauges at various locations to measure the system's water pressure. A water utility must have a portable gauge to measure water pressure in any part of the system. The water utility must maintain all pressure gauges in good operating condition, test periodically for accuracy, and recalibrate or replace when necessary.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 757.020 & 757.250
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1660 Customer Requested Pressure Test

(1) A customer may request the water utility to perform a water pressure test. The first test in a 12-month period is free of charge and must be completed within seven calendar days. If the customer requests an additional pressure test within the 12-month period at the same premises, the water utility may assess the customer a reasonable charge, unless the pressure is not adequate.

(2) A customer or a designated representative has the right to be present at the pressure test. The test must be conducted at a mutually acceptable time.

(3) The pressure must be measured at a point adjacent to the meter on the customer service line or other reasonable point most likely to reflect the actual service pressure.

(4) The water utility must provide a written report to the customer within seven calendar days of the pressure test. The report must include:

(a) The information required by OAR 860-036-1100(2);

(b) The customer's name and service address where the pressure was tested;

(d) The name of the company or employee performing the test;

(e) The place where the pressure was measured;

(f) The actual pressure reading; and

(g) The conclusion based on the test result.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.020 & 757.250
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1670 Water Use Restrictions

(1) In times of water shortages, a water utility may restrict water usage after providing written notice to its customers and the Consumer Services Section. In addition, the notice must be posted in the water utility's office and on its website, if available. The notification must state the reason and nature of the restrictions, the date restrictions will become effective, the estimated date the restrictions end, and that failure to comply with the restrictions is grounds for disconnection.

(2) The Commission may investigate the water utility's water restriction plan and change it as the Commission deems necessary.

(3) During times of water shortage, the water utility must equitably apportion its available water supply among its customers with regard to public health and safety.

(4) If a customer fails to comply with the water restrictions after receiving written notification, the water utility must provide a separate written warning letter to the customer including:

(a) The date;

(b) The information required by OAR 860-036-1100(2);

(d) The water use restrictions and statement of how the customer is violating those restrictions;

(e) A statement that the customer’s water service is subject to disconnection on or after a specific date;

(f) A warning to the customer that failure to immediately comply with the restrictions may result in disconnection of service; and

(g) A statement that the customer may dispute disconnection by contacting the Consumer Services Section. The notice must include the Consumer Services Section’s contact information provided in OAR 860-001-0020(2);

(5) If a customer fails to comply with the water restrictions after receiving written notification and the warning letter under section (4) of this rule, the water utility must consult with the Consumer Services Section, at the contact information provided in OAR 860-001-0020(2), to determine if disconnection is appropriate.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1680 Cross Connection Control

(1) All customers must comply with the water utility’s Cross Connection Control Program to protect the water system from contamination. A customer's failure to comply is grounds for disconnection under OAR 860-036-1500.

(2) The water utility’s cross connection protection rules will be included, as necessary, in the water utility's tariffs or statement of rates.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1690 Maps and Records

(1) A water utility must prepare current maps and records of the entire plant showing size, location, character, and date of installation of major plant items, including but not limited to pumps, reservoirs, main lines, distribution lines, and valves. The water utility must retain the maps and records consistent with the Commission's Guide for the Preservation of Records for Public Water Utilities available at http://www.puc.state.or.us/Pages/General-Information-for-Water-Utilties.aspx.

(2) Upon Commission request, a water utility must file the water system maps in a format satisfactory to the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1700 Appointment of Regent to Operate and Manage a Water System

If the Commission determines that a water utility's ownership or management results in inadequate service, threatens the health or safety of the customers, or threatens the financial viability of the water utility, then the Commission may appoint a regent to operate and manage the water utility.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1710 Expenditure of Charges Collected Under ORS 756.310 to Make Emergency Repairs

(1) The Commission may use up to $5,000 per biennium of the charges collected under ORS 756.310 to make emergency repairs for water utilities. The Commission may expend monies under the provisions of this rule if the Commission determines that repairs to the water system are necessary for the health and safety of the customers or the water utility.

(2) The Commission will seek recovery of charges used under this rule from the water utility providing service. Interest will not accrue on the outstanding balance.

(3) The Commission may also recover penalties as provided in ORS 756.350 from the time the charges are expended.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.068 & 757.310
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1720 Commission-Assessed Civil Penalties for Noncompliance

(1) In addition to any other penalty provided by law, the Commission may impose a civil penalty not to exceed $500 per day for each violation of Commission statute, rule, or order as provided in ORS 757.994.

(2) The Commission must give notice of proposed civil penalty by registered or certified mail to the water utility. The notice must provide:

(a) A concise statement of the alleged violations, including cites to applicable statutes, rules, or orders;

(b) The amount of proposed civil penalty; and

(c) Notice that the water utility may request a hearing to challenge the proposed penalty. The request for hearing must be in writing and be received by the Commission within 20 calendar days of the date the notice was served. The request must comply with the requirements set forth in OAR 860-001-0140 and 860-001-0170.

(3) If the water utility does not request a hearing within the time allowed, or if the water utility requesting a hearing fails to appear at the scheduled hearing, the Commission may issue a final order by default imposing the proposed penalty.

History

Statutory/Other Authority: ORS 757.994
Statutes/Other Implemented: ORS 183.745, 756.040 & 757.068
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1800 Service Territory Allocation Definitions

For purposes of service territory allocation OAR 860-036-1800 through 860 036-1850:

(1) "Allocated territory" means an approved area with boundaries set out by Commission order granting an exclusive service territory.

(2) "Community water supply system" has the meaning provided by ORS 758.300.

(3) "Water utility" has the meaning provided in ORS 758.300.

History

Statutory/Other Authority: ORS 183, 756, 757 & 758
Statutes/Other Implemented: ORS 758.300-758.320
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1810 Allocation of Service Territory

(1) Any water utility may apply for an order designating the territory it serves adequately and exclusively as its exclusive service territory. The application must include:

(a) The information required by OAR 860-036-1100(2);

(b) The water utility's business organization, i.e., corporation, partnership, limited partnership, sole proprietorship, association, etc.;

(c) The name and address of each corporate officer, director, partner, and all other persons owning an interest in the water utility;

(d) A statement showing the financial and technical ability of the water utility to provide service to the territory;

(e) A detailed map of the water utility’s existing lines and facilities;

(f) A detailed map of the water utility's current service territory. The water utility must identify the source of the map, which may include a GIS map, city or county map, tax lot map, or plat map;

(g) A written description of the water utility's current service territory. The description may be a legal description or may reference township, range, and section; interstates, state roads, and local streets; rivers, streams, and major bodies of water; and recorded plats or lots, tracts, or other recorded instruments identifying permanent fixtures references;

(h) Evidence that the water utility owns the land upon which the water utility facilities are located, or a copy of an agreement that provides for the continued use of the land, such as an easement or lease;

(i) A schedule showing the number of customers currently served by class and meter size. If the service area is not built out, indicate the number of proposed customers expected to be served when the current service territory is fully occupied;

(j) The name and address of the nearest municipalities, the county, any known planning councils or governmental authorities having concern with the application, and all known water utilities and community water supply systems in the general area of the service territory the water utility is seeking; and

(k) A copy of the customer notice of application required under section (2) of this rule and a complete customer mailing list.

(2) Within 15 calendar days of the filing date of the application for exclusive service territory, a water utility must provide written notice to each customer affected by the application. The notice must include:

(a) The information required by OAR 860-036-1100(2)

(b) The purpose of the notice;

(d) The date the filing was submitted to the Commission;

(e) A statement that customers may file a protest with the Commission; and

(f) The contact information for the Consumer Services Section provided in OAR 860 001-0020(2).

History

Statutory/Other Authority: ORS 183, 756, 757 & 758
Statutes/Other Implemented: ORS 758.300-758.320
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1820 Filing an Application to Expand Exclusive Service Territory

(1) A water utility may apply to expand its designated service territory to serve an area not currently being provided water service by filing an application under ORS 758.302(2). The application must include:

(a) The information required in OAR 860-036-1810(1)(a) through (k):

(b) A statement describing the need and reasons for water service in the proposed expanded service territory;

(d) The proposed rates and charges to customers in the expanded service territory. Include customer growth projections that support the proposed water service rates and charges;

(e) A study showing the projected cost to provide service to the proposed expanded service territory. Identify the amount per each operating expense account at full build out;

(f) A schedule showing the projected capital structure including the methods of financing the construction and operation of the utility until it reaches 100 percent of the design capacity of the system;

(g) Evidence of existing or proposed capacities of the system and facilities to adequately serve the proposed expanded territory. Provide estimated average daily customer demand, customer peak demand, and daily pumping capacity per water source in gallons or cubic feet. If development will be in phases, separate this information by phase;

(h) A written description of the type of water treatment necessary, if required;

(i) A schedule showing the projected cost of the capital improvements necessary to serve the proposed service territory by plant accounts and the expected date the plant is projected to go into service. If the system is to be built in phases, show information for each phase individually;

(j) A list of all entities, including affiliates, upon which the applicant is relying to provide funding to the water utility for capital improvement, and an explanation of the manner and amount of such funding, including their financial statements and a copy of all contracts or agreements with the utility. This requirement will not apply to any person or entity holding less than 10 percent ownership interest in the utility;

(k) Financial statements demonstrating applicant's financial capability;

(l) A statement showing applicant's technical ability or capacity to procure technical skill necessary to provide service; and

(m) A statement describing any impact the expansion of service territory may have on existing customers.

(2) Within 15 calendar days of the filing date of the application, a water utility must provide written notice to existing customers that contains the information required by OAR 860-036-1810(2) as modified to reflect the request to expand service territory.

History

Statutory/Other Authority: ORS 183, 756, 757 & 758
Statutes/Other Implemented: ORS 758.300-758.320
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1830 Reduction of Approved Service Territory Boundaries

(1) A water utility may apply to decrease its designated service territory. The application must demonstrate that the water utility is not providing adequate service to its customers or does not have the capacity to serve the designated exclusive service territory.

(2) Within 15 calendar days of the filing date of the application, a water utility must provide written notice to each customer that contains the information required by OAR 860-036-1810(2) as modified to reflect the request to decrease service territory.

History

Statutory/Other Authority: ORS 183, 756, 757 & 758
Statutes/Other Implemented: ORS 758.300 - 758.320
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1840 Transfer of Approved Service Territory

(1) The rights acquired by an approved service territory may be transferred only with the approval of the Commission. The application must include:

(a) The application requirements as provided in OAR 860-036-1810;

(b) Evidence demonstrating that the transfer of the service territory is in the public interest.

(2) Within 15 calendar days of the filing date of the application, a water utility must provide written notice to each customer affected by the application that contains the information required by OAR 860-036-1810(2) as modified to reflect the request to transfer designated service territory.

(3) Designated service territory will not be altered solely as the result of a change in ownership or form of ownership.

History

Statutory/Other Authority: ORS 183, 756, 757 & 758
Statutes/Other Implemented: ORS 758.300 - 758.320
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1850 Exclusive Obligation to Serve

(1) A water utility has an obligation to serve all applicants for service within its designated territory and may only refuse service as provided in OAR 860-036-1270.

(2) A water utility or community water supply system may not provide water utility service within an approved exclusive service territory of another water utility without the express approval of the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757 & 758
Statutes/Other Implemented: ORS 758.300 - 758.320
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1900 Regulation of Water Utilities

(1) Except as provided in section (2) and (3) of this rule, a water utility serving less than 500 customers is not subject to Commission regulation and need not pay an annual revenue fee.

(2) A water utility serving less than 500 customers is subject to service regulation if:

(a) The Commission determines that the water utility has provided discriminatory service; or

(b) The water utility charges an average annual residential rate that exceeds $24 per month.

(3) A water utility serving less than 500 customers is subject to rate and service regulation if:

(a) The water utility also provides wastewater services within the boundaries of a city;

(b) The water utility requests that it be subject to rate and service regulation as provided in OAR 860-036-1940; or

(c) The water utility proposes to charge a monthly rate that exceeds the threshold level set forth in OAR 860-036-1910 and at least 20 percent of the customers petition the Commission requesting the water utility be subject to rate and service regulation.

(4) A water utility serving 500 or more customers is subject to rate and service regulation. When a water utility’s customer count exceeds 500 customers, the Commission will issue an order establishing the water utility's regulatory status as a rate-regulated water utility.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 757.061 & 757.063
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1910 Threshold Levels for Rate Regulation of Water Utilities Serving less than 500 Customers

A water utility serving less than 500 customers must notify its customers of the right to petition for rate regulation if it proposes to charge residential or commercial customers more than the following amounts in order to obtain water service:

(1) For unmetered customers with a pipe diameter of less than one inch, an annual average monthly charge of $54 per customer;

(2) For metered customers with a meter diameter of less than one inch, an annual average monthly charge of $57 per customer;

(3) For unmetered customers with a pipe diameter of one inch or larger, an annual average monthly charge of $152 per customer; and

(4) For metered customers with a meter diameter of one inch or larger, an annual average monthly charge of $163 per customer.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 757.061
PUC 10-2023, amend filed 09/25/2023, effective 09/25/2023
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1920 Notice Requirements and Customers Right to Petition for Rate Regulation

(1) If a water utility that serves less than 500 customers and is not rate regulated seeks to increase its rates to a level that exceeds a threshold established in OAR 860-036-1910, the water utility must:

(a) Provide a separate written notice to all customers of the proposed increase that complies with the notice requirements under section (2) of this rule;

(b) Post the notice in its office and website, if available; and

(c) On the same day that notice is provided to the customers, mail or deliver a copy of the customer notice to the Consumer Services Section and attach a current customer list that includes the customer name, account number, mailing address, and service addresses if different.

(2) The customer notice must:

(a) State in bold letters at the top of the notice,

“NOTICE OF PROPOSED WATER RATE INCREASE AND CUSTOMERS RIGHT TO PETITION FOR RATE REGULATION;”

(b) State the date of the notice;

(d) State the reasons the water utility is requesting the proposed change;

(e) Show a comparison of the current rates and the proposed rates for each affected customer classes;

(f) State the date when the proposed rates are intended to become effective. The effective date must be at least 60 calendar days from the date of the notice or the date the Consumer Services Section receives its copy of the notice, whichever is later;

(g) State that customers may request a complete customer list from the water utility to be provided within 10 business days; and

(h) Include the following statement:

“NOTICE FROM THE PUBLIC UTILITY COMMISSION OF OREGON

Customers have the opportunity to file a petition to have the water utility’s rates regulated by the Commission. The water utility is proposing rates in excess of the threshold levels set by the Commission. If the Commission receives valid petitions from at least 20 percent of the customers, the Commission will assert jurisdiction over your water utility. Rate regulation requires that all rates and rate changes be approved by the Commission. If the Commission does not receive the sufficient number of valid customer petitions, the water utility’s proposed rates will take effect on the date indicated.”“Petition forms are available on the Commission's website at https://www.oregon.gov/puc/utilities/Pages/Water-Petition-4-Regulation.aspx. The petitions must be completed and signed by the customer and must be received by the Commission within 45 days of this notice. Copies of petitions or petitions without an original signature will not be accepted.” “Completed petitions must be mailed to the Consumer Services Section, PO Box 1088, Salem, Oregon 97308-1088 or delivered to 201 High Street SE, Suite 100, Salem, Oregon 97301. Petitions may not be filed electronically. Petitions may not be withdrawn or rescinded. Customers with questions may contact the Consumer Services Section at 1-800-522-2404.”

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 2-2021, minor correction filed 03/23/2021, effective 03/23/2021
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1930 Petition for Rate Regulation of Association by Members

(1) For purposes of this rule, "association" means an association of individual members that owns, operates, provides, manages, or controls a water system that provides water service to only its members.

(2) Current members of any association providing water service exclusively to its membership may petition the Commission at any time requesting the association be rate regulated.

(a) Petition forms are available on the Commission's website at www.oregon.gov/puc. Petition forms must be complete and signed by the customer;

(b) Original petitions must be mailed to the Consumer Services Section, PO Box 1088, Salem, Oregon 97308-1088 or personally delivered to 201 High Street SE, Suite 100, Salem, Oregon, 97301.

(c) Copies of petitions or petitions without an original signature will not be accepted. Petitions may not be filed electronically; and filed petitions may not be withdrawn or rescinded.

(2) If the Commission receives petitions from 20 percent of the association's members and determines that regulation is in the public interest, it will issue an order establishing the association's regulatory status as a rate-regulated water utility.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.063
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1940 Water Utility Requesting Rate Regulation and Notice Requirements

(1) A water utility serving fewer than 500 customers may request to be rate regulated by the Commission. The water utility must electronically file a letter of application specifically stating that it is requesting rate regulation and the reasons for the request.

(2) The same day it files the application, the water utility must provide a separate written notice to its customers and the Consumer Services Section. The notice must be posted in the utility's office and on its website, if available. The notice must provide:

(a) The date;

(b) The information required by OAR 860-036-1100(2);

(d) The reasons the water utility is seeking rate regulation; and

(e) A statement that customers with questions regarding the filing may contact the Consumer Services Section at the contact information provided in OAR 860-001-0020(2).

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.061
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-1950 Removal of Rate Regulation

(1) When a rate-regulated water utility is reorganized through the sale, merger, or transfer of the water system or the transfer of all the water utility’s customers to a non-jurisdictional entity, the rate-regulated water utility no longer meets the definition of a public utility under ORS 757.005. Non-jurisdictional entities include municipal entities, quasi-municipal entities, or a non-rate regulated association that serves only its members.

(2) If the regulated water utility is reorganized into an association, association members retain their right to petition the Commission for rate regulation at any time under ORS 757.063 and OAR 860-036-1930.

(3) A private buyer of a rate-regulated water utility serving fewer than 500 customers may petition the Commission to have rate regulation, but not service regulation, removed upon the close of the buyer’s purchase of the water utility if:

(a) The rate-regulated water utility is currently operating under a Commission-appointed regent; or

(b) A court has ordered the sale of the rate-regulated water system as part of the resolution of a complaint filed in court by the Oregon Health Authority Drinking Water Section.

(4) If the Commission grants removal of rate regulation per section (3) of this rule, customers retain their right to petition for rate regulation under ORS 757.061 and ORS 757.063.

History

Statutory/Other Authority: ORS Ch. 183, 756 & 757
Statutes/Other Implemented: ORS 757.061 & 757.063
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2000 Tariff Filings

(1) All rate-regulated water utilities must file all proposed rate schedules, charges, special contracts, and the water utility’s rules and regulations relating to the provision of water service.

(2) A filing may request approval of individual revised tariffs, supplemental tariffs, special contract tariffs, or a general rate revision.

(3) The filing must be attached to an electronic mail message and electronically filed with the Commission's Filing Center at puc.filingcenter@state.or.us.

(4) The water utility must keep a copy of the filing at its main office where customers can request a copy.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.205
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2010 Tariff Content and Advice Letter

(1) Tariffs must be written using Commission-provided tariff forms and must be accompanied by an Advice Letter. Forms required under this rule are available at the Commission’s water web page at http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx.

(a) The initial complete schedule of tariffs is designated as PUC Oregon No. 1 in the upper left hand corner. Each successive complete replacement of the tariff schedules thereafter is designated with the next number in consecutive numerical order, i.e., PUC Oregon No. 2, etc.;

(b) Each tariff sheet must state the effective date on the bottom of the sheet. The effective date must be at least 30 days from the date the water utility electronically files the proposed tariffs, unless the water utility requests the changes go into effect with less than the required 30 day notice. To make this request, the tariff must be accompanied by a Less Than Statutory Notice (LSN) form; and

(c) Any supplemental information, not otherwise provided within the tariff sheet, must be designated by the previous sheet number plus a letter, for example, Original Sheet No. 3A, Original Sheet No. 3B, etc.

(2) An Advice Letter must include:

(a) The information required by OAR 860-036-1100(2);

(b) A statement plainly indicating the purpose of the filing;

(c) A statement indicating the revenue change the water utility is requesting and any other provisional requested changes;

(d) A statement indicating the number of customers affected by the proposed changes and the estimated effect upon rates, if any;

(e) The reasons the water utility is requesting the proposed changes; and

(f) The signature of a water utility officer or representative;

(g) If the tariff filing proposes to increase rates, the water utility must also provide the following for each rate schedule being increased:

(A) The total number of customers in each customer class affected;

(B) A comparison showing current rates and the proposed rates for each customer class affected;

(C) A comparison showing the total annual revenue derived under the current rates and the total annual revenue to be derived under the proposed rates for each customer class affected;

(D) The average monthly water use for each customer class affected; and

(E) A comparison showing the average monthly bill under the current rates and the proposed rates.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.205
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2020 Filing a General Rate Revision

(1) A general rate revision is a filing by a water utility that affects all or most of the water utility’s rate schedules, but does not include changes in automatic adjustment clauses under ORS 757.201(1) or similar changes in one rate schedule, such as for an amortization, that affect other rate schedules.

(2) To file a general rate revision, a rate-regulated water utility must submit a rate case application, including tariffs, and an Advice Letter, as required by OAR 860-036-2010.

(3) On the same day notice is provided to its customers, the water utility must mail or deliver a copy of the notice to the Consumer Services Section at the address provided in OAR 860-001-0020(2).

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.205
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2030 Customer Notice Requirements for a General Rate Revision

(1) After electronically filing a general rate revision, the water utility must provide a separate written notice of the filing to all customers within 15 calendar days of the date the general rate revision was filed. In addition, the notice must be posted in the water utility's office and on its website, if available, and provided to the Consumer Services Section.

(2) The notice to the customers must be provided as either a separate written notice inserted in the water utility's regular billing or a written notice delivered to each customer.

(3) The customer notice must include:

(a) The information required by OAR 860-036-1100(2);

(b) The following statement: “This notice is to inform customers that (insert name of water utility) filed a general rate revision with the Public Utility Commission. This notice provides general information regarding the utility's proposed changes and the effect it will have on customers’ bills if approved by the Commission. Customers may request to receive notice of the time and place of any hearing on the matter by contacting the Public Utility Commission of Oregon, Administrative Hearings Division, at 503-378-6678. The calculations and statements contained in the water utility's filing and this notice are not binding on the Commission."

(d) The total amount of annual revenue the water utility is requesting;

(e) A comparison of the current and the proposed average monthly bills for each customer class expressed in dollars;

(f) The reasons the water utility is requesting the proposed change;

(g) A statement that copies of the water utility's application, testimony, and exhibits are available at the water utility's main office; and

(h) The contact information of the water utility's representative that customers may contact to receive additional information or a copy of the filing. Contact information includes name, address, telephone number, and email address if available.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2100 Form and Filing of Financial Transaction Applications

(1) All applications submitted to the Commission must be filed electronically with the Commission's Filing Center. To file an application, attach the application and all required documents to an electronic mail message addressed to the Commission's Filing Center at puc.filingcenter@state.or.us. Procedural rules regarding filing and service of documents are found in OAR Chapter 860, Division 001.

(2) Applications must be filled out completely.

(3) Any required financial statements must include the most current data available. The Income Statement must be for the most recent 12-month period.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 756.105
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2110 Application to Terminate, Abandon, or Dispose of a Water System

(1) All water utilities must obtain Commission approval to terminate, abandon, or dispose of a water system. The water utility must file an application using the form available at http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx.

(2) Within seven calendar days from the date the application, the water utility must provide customers and the Consumer Services Section with a separate, written notice. In addition, the notice must be posted in the utility's office and on its website, if available. The notice must:

(a) Include the information required by OAR 860-036-1100(2);

(b) State what action the water utility is requesting in bold letters at the top of the notice;

(d) State the proposed effective date;

(e) Describe the customers’ alternative water service options and average estimated customer cost for each option; and

(f) Provide the Consumer Services Section's contact information provided in OAR 860-001-0020(2).

(3) The notice must be delivered in person to the customer or an adult at the premises or sent by the US Mail to the customer’s billing address and designated representative.

(a) If notice is served by personal delivery to the premises, the water utility must attempt personal contact with the customer or an adult resident at the premises. If personal contact cannot be made, the water utility must leave the notice in a conspicuous place at the premises and mail a copy of the notice to the customer's last known mailing address and the customer’s designated representative; or

(b) If notice is served upon the customers by US Mail, the notice must be mailed to the customer's last known address. The notice is considered served as defined in OAR 860-036-1010.

(4) If the water utility's records show that the billing address is different from the service address or that the premises is a master-metered multi-unit dwelling, the notice may be addressed to "Tenant." The envelope must bear bold language stating, "IMPORTANT NOTICE REGARDING WATER UTILITY SERVICE."

History

Statutory/Other Authority: ORS Ch. 183 & 756
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2120 Application to Dispose of or Acquire Property

(1) Water utilities must obtain Commission approval to sell, lease, assign, or otherwise dispose of the whole of the property of such necessary or useful in performance of its duties, or any part thereof with a value in excess of $10,000.

(2) Rate-regulated water utilities must obtain Commission approval to directly or indirectly purchase or acquire of any stocks, bonds, or utility property of any other public utility valued in excess of $10,000.

(3) A water utility or the other party to these transactions must request authorization using the application form available at http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx.

(4) No less than 60 calendar days prior to the closing date of the transaction, the water utility must provide a separate written notice to customers with a copy to the Consumer Services Section. In addition, the notice must be posted in the utility's office and on its website, if available. The notice must include:

(a) The information required by OAR 860-036-1100(2);

(b) The purpose of notice;

(d) The proposed effective date of sale (minimum of 60-calendar days);

(e) The name, address, and telephone number of the potential buyer;

(f) The reasons for sale;

(g) How the sale will affect customers; and

(h) The statement, “The property transaction being proposed by the water utility is under review by the Public Utility Commission of Oregon. For more information about the filing or to follow the regulatory process of the Commission’s review check the Commission’s website at www.puc.state.or.us or contact the Consumer Services Section at 503-378-6600; 1-800-522-2404; or TTY 711.”

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.480 & 757.485
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2130 Acquisition Adjustment

(1) When seeking to acquire all or part of a water utility, the applicant may request that some or all of the difference between the net book value and the purchase price be included in the purchasing utility's rate base.

(2) The Commission will consider the merits of the utility’s application based on the benefit to the customers being acquired and the public interest on a case-by-case basis.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.105, 757.120, 757.125 & 757.135
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2140 Filing for Approval of a Special Contract

A rate-regulated water utility may file a special contract tariff to establish a rate, service, or practice that is not covered by or permitted in the water utility's general tariffs, schedules, or rules. A special contract tariff must include:

(1) The date;

(2) The information required by OAR 860-036-1100(2);

(3) A copy of the special contract;

(4) A statement summarizing the basis of the terms of the contract and an explanation of the deviation from the tariffs on file;

(5) An explanation of all cost computations involved;

(6) A statement indicating the basis for use of a special contract rather than a filed tariff for the specific service involved; and

(7) Documentation necessary to show that the terms are fair, just, and reasonable to the remaining customers.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.020
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2150 Application for Authority to Issue Stocks, Bonds, Notes, or Other Securities

An application by a rate-regulated water utility to issue securities under ORS 757.405 to 757.435 inclusive, 757.445, and 757.450, must comply with rules set forth in OAR 860-027-0030 governing energy and telecommunication utilities.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.105, 757.405 - 757.450 & 757.495
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2160 Application for Authority to Guarantee Indebtedness

An application by a rate-regulated water utility to assume any obligation or liability as guarantor, endorser, surety or otherwise must comply with rules set forth in OAR 860 027-0035 governing energy and telecommunication utilities.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.440
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2170 Use of Deferred Accounting

An application by a rate-regulated water utility to defer amounts under ORS 757.259 must comply with rules set forth in OAR 860-027-0300 governing energy and telecommunication utilities.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.105 & 757.259
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2200 Affiliated Interest Definitions

As used in rules OAR 860-036-2200 through OAR 860-036-2230:

(1) "Affiliate" means a corporation or person who has an affiliated interest, as defined in ORS 757.015, with a water utility;

(2) "Affiliate transaction" means a transfer of assets, a sale of supplies, or a sale of services between accounts for regulated activities of a water utility and accounts for nonregulated activities of a separate entity that is either an affiliated interest or another company in which the water utility owns a controlling interest. The term also means a transfer of assets, a sale of supplies, or a sale of services between accounts for the regulated and nonregulated activities of a single water utility;

(3) "Asset" means any tangible or intangible property of a water utility or other right, entitlement, business opportunity, or other thing of value to which a water utility holds claim that is recorded or should be recorded as a capital expenditure in the water utility's financial statements. All water utility tangible or intangible property, rights, entitlements, business opportunities and things of value should be considered assets, services, or supplies;

(4) "Cost" means fully distributed cost, including the water utility's authorized rate of return and all overheads;

(5) "Fair market value" means the potential sales price that could be obtained by selling an asset in an arm's-length transaction to a nonaffiliated entity, as determined by commonly accepted valuation principles;

(6) "Market rate" means the lowest price that is available from nonaffiliated suppliers for comparable services or supplies;

(7) "Net book value" means original cost less accumulated depreciation;

(8) "Nonregulated activity" means an activity that is not a regulated activity of the water utility;

(9) "Regulated activity" means a Commission regulated activity that is provided by a water utility directly or indirectly relating to the general operations of the water utility such as production, transmission, delivery, or provision of water;

(10) "Services" means labor-related activities including, but not limited to advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, and legal. All water utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered assets, services, or supplies; and

(11) "Supplies" means any tangible or intangible property of a water utility or other thing of value that a water utility holds claim that is recorded or should be recorded as an operating expense in the water utility's financial statements. All water utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered assets, services, or supplies.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.015
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2210 Applications to Receive or Provide Goods or Services with an Affiliated Interest

(1) A rate-regulated water utility must seek Commission approval to contract to provide or receive services, directly or indirectly, with an affiliated interest using the form available at: http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx.

(2) An application must be filed no later than 90-calendar days after the execution of the contract giving rise to the application. The contract is deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier.

(3) A water utility's failure to submit this required information does not limit the Commission's authority to recognize or impute revenues to the water utility pursuant to such contract in any rate valuation, hearing, or proceeding.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.015 & 757.495
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2220 Application for Waiver of Requirements under OAR 860-036-2210

The Commission will not waive the requirements of OAR 860-036-2210 for any rate-regulated water utility transactions exceeding 0.1 percent of the previous calendar year’s Oregon utility operating revenues unless the transaction can be demonstrated in advance to be fair and reasonable and not contrary to the public interest.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040, 757.015 & 757.495
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2230 Allocation of Costs

(1) For purposes of this rule, regulated and nonregulated activities of a water utility must be accounted for using the Uniform System of Accounts for Water Utilities published by the National Association of Regulatory Utility Commissioners as modified by the Commission.

(2) When a water utility is conducting an affiliate interest transaction, as defined in this rule, the water utility must use the following cost allocation methods:

(a) When an asset is transferred to a water utility from an affiliate, the transfer must be recorded in the water utility's accounts at the lower of net book value or fair market value;

(b) When an asset is transferred from a water utility to an affiliate, the transfer must be recorded in the water utility's accounts at the tariff rate if an appropriate tariff is on file with the Commission. If no tariff is applicable, proceeds from the transfer must be recorded in the water utility's accounts at the higher of net book value or fair market value;

(c) When an asset is transferred from a water utility to an affiliate at a fair market value that is greater than net book value, the difference is considered a gain to the water utility. The water utility must record the gain so the Commission can determine the proper disposition of the gain in a subsequent rate proceeding;

(d) When services or supplies are sold by a water utility to an affiliate, sales must be recorded in the water utility's accounts at rates per the tariff, if an applicable tariff is on file with the Commission. Rates per the tariff must be established whenever possible. If services or supplies are not sold per a tariff, sales must be recorded in the water utility's accounts at the water utility's cost or the market rate, whichever is higher;

(e) When services or supplies are sold to a water utility by an affiliate, sales must be recorded in the water utility's accounts at the affiliate's cost or the market rate, whichever is lower. The affiliate's cost must be calculated using the water utility's most recently authorized rate of return; and

(f) Income taxes must be calculated for the water utility on a standalone basis for both ratemaking purposes and regulatory reporting. When income taxes are determined on a consolidated basis, the water utility must record income tax expense as if it were determined for the water utility separately for all time periods.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.490 & 757.495
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2300 Relating to City Charges, Taxes, and Other Exactions

(1) A rate-regulated water utility may recover the aggregate amount of all business or occupation taxes, licenses, franchise or operating permit charges, or other similar exactions imposed by any city in Oregon for engaging in business or for use and occupancy of city streets and public ways.

(2) The water utility may recover these amounts up to 3.5 percent of the water utility’s gross revenue as operating expenses from all water utility customers. The utility may collect any remaining amounts in excess of 3.5 percent of its gross revenues on a pro rata basis to customers within the applicable city if separately stated on the regular billings to the customers. "Gross revenues" means revenues received from water utility operations within the city less related net uncollectibles, but do not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, sales at wholesale by one utility to another when the water utility purchasing the service is not the ultimate customer.

(3) To calculate the amounts to be recovered under this rule, the water utility may not include:

(a) Permit or similar charges for street opening, installations, construction, and the like if the charges are reasonably related to the city's costs for inspection, supervision, and regulation in exercising its police powers; or

(b) The value of any water utility service or use of facilities provided on or before November 6, 1967, to a city without charge. These services may be continued within the same category or type of use.

(4) This rule does not affect franchises granted by a city on or before November 6, 1967. Payments made or value of service rendered by a water utility must be collected from all customers.

(a) When a franchise agreement existing on November 6, 1967, specifies a different compensation percentage than set forth in section (2), the compensation continues to be treated by the affected water utility as an operating expense during the balance of the term of such franchise.

(b) If a city unilaterally imposes or increases any tax, charge, or other exaction specified in section (2) of this rule during the unexpired term of a franchise existing on November 6, 1967, for use and occupancy of streets and public ways, the water utility must charge the additional amounts on a pro rata basis to local users.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2310 Relating to Local Government Charges, Taxes, and Other Assessments

(1) A rate-regulated water utility must collect from customers located within a county or portion thereof, the following amounts imposed by a county in Oregon, other than a city-county:

(a) Any license, franchise, or operating permit fee applicable to the county or portion thereof; and

(b) Any new or increased taxes imposed on and after December 16, 1971, including new or increased taxes imposed retroactively after that date, applicable to the county or portion thereof.

(2) "Taxes," as used in this rule, means sales, use, net income, gross receipts, payroll, business or occupation taxes, levies, charges, or charges other than ad valorem taxes.

(3) The amount collected from water utility customer under this rule must be separately stated and identified in all customer billings.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2350 Annual Report of Results of Operations

(1) By May 1 of each year, all rate-regulated water utilities must submit a financial Annual Report of Results of Operations for the preceding calendar year using the current form approved by the Commission. The annual report form is available at http://www.puc.state.or.us/Pages/Information-for-Water-Utility-Companies.aspx.

(2) The report must be filed electronically with the Commission's Filing Center at puc.filingcenter@state.or.us.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.105, 757.120, 757.125 & 757.135
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2360 Annual Affiliated Interest Report

(1) By June 1 of each year, all rate-regulated water utilities having an affiliated interest transaction occurring during the period from January 1 through December 31 of the immediately preceding year must file an Affiliated Interest Report using the form available at http://www.puc.state.or.us/Pages/Information-for-Water-Utility-Companies.aspx.

(2) As used in this rule, "affiliated interest transactions" means transactions between affiliated interests as defined by ORS 757.015.

(3) The report must be filed electronically with the Commission's Filing Center at puc.filingcenter@state.or.us.

History

Statutory/Other Authority: ORS Ch. 183, 756 & 757
Statutes/Other Implemented: ORS 756.105
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2370 Uniform System of Accounts

All rate-regulated water utilities must conform to the Commission’s Uniform System of Accounts for water utilities for ratemaking purposes. The Commission’s Uniform System of Accounts is a modified version of the National Association of Regulatory Utility Commissioners’ published Uniform System of Accounts for Class A, B, and C Water Utilities, 1996.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.105, 757.120, 757.125 & 757.135
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2380 Accounting for Contributions in Aid of Construction (CIAC)

(1) This rule applies to rate-regulated water utilities.

(2) CIAC is any money, services or property received by a water utility to fund capital investments at no cost to the company and with no obligation to repay.

(3) Each water utility must provide an accounting of CIAC upon Commission request. CIAC accounting must include contributions in any form including contributed utility plant. CIAC record keeping must identify the contributed plant, original date of installation, and original cost.

(4) Each water utility must keep a record as described in section (3) of this rule and record CIAC on a separate plant and depreciation schedule.

(5) The water utility will record plant assets at market value and an amount of CIAC equal to that value which will be an increase in equity of the utility. The net effect of these balance sheet accounts will be zero, and both sides must be considered in the ratemaking process.

(6) CIAC related assets will be depreciated in the same method as purchased assets, and an amount equal to the depreciation expense will be taken as amortization of CIAC. Both the depreciation expense (debit) and the amortization expense (credit) will be coded to the depreciation expense on the income statement. This will result in an expense that nets to zero and has no effect on ratemaking.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.120, 757.125 & 757.135
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2390 Accounting for Construction Work in Progress (CWIP)

(1) This rule applies to rate-regulated water utilities.

(2) CWIP is an accounting treatment for capital improvement projects under construction, but not yet placed in service. The treatment allows rate-regulated water utilities to place recoverable capital improvements costs into plant. The Commission may approve the cost of a specific capital improvement project into rates if:

(a) The capital improvement project is under construction;

(b) The water utility uses the additional revenues solely for the purpose of completing the capital improvement project;

(c) The water utility demonstrates that it is in the public interest to provide funding for the capital improvement through rates; and

(d) The costs are approved by the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.120 & 757.355
PUC 1-2017, f. & cert. ef. 1-24-17

Or. Admin. R. 860-036-2410 Preservation and Destruction of Records

All rate-regulated water utilities must conform to the Commission’s Preservation of Records for Water Utilities available at https://www.oregon.gov/puc/forms/Forms%20and%20Reports/Preservation-of-Records-FM766.pdf.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.125
PUC 11-2021, minor correction filed 12/07/2021, effective 12/07/2021
PUC 1-2017, f. & cert. ef. 1-24-17

Division 37 WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES

Or. Admin. R. 860-037-0001 Scope and Applicability of Rules

(1) Upon request or its own motion, the Commission may waive any of the Division 037 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

(2) The rules contained in this division are applicable to wastewater service provided by public wastewater utilities, as defined in OAR 860-037-0010(28) and (36), providing service in the State of Oregon.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0005 Applicability and Formal Requirements

All applications or petitions filed under the rules contained in this division must also comply with all other applicable Commission rules.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0010 Definitions

As used in this division:

(1) "Actual cost" means the direct cost of parts, materials, and labor of a specific item or project separated from indirect costs.

(2) "Applicant" means a person that:

(a) Applies for service with a wastewater utility; or

(b) Reapplies for service at a new or existing location after service has been discontinued.

(3) "Association" means an incorporated or unincorporated association of individuals or a homeowner association providing wastewater service, as defined in ORS 757.005.

(4) "Co-customer" means a person who meets the definition of "customer" and is jointly responsible with another person for payments for wastewater utility service on an account with the wastewater utility. If only one of the co-customers discontinues service in his/her name, the remaining co-customer shall retain customer status only if he/she reapplies for service in his/her own name within 20 days of such discontinuance, provided the wastewater utility contacts the co-customer or mails a written request for an application to the remaining co-customer within one business day of the discontinuance.

(5) "Commission" means the Public Utility Commission of Oregon.

(6) "Construction" includes installation of a new wastewater system or part thereof, or the alteration, repair, or extension of an existing wastewater system. The grading, excavation, and earth-moving work connected with installation, alteration, or repair of a system, or part thereof, is considered to be a part of the wastewater system construction.

(7) "Contributions in aid of construction" means any money, service, or property received by a wastewater utility for capital expenditures at no cost to the utility and with no obligation to repay the benefactor.

(8) "Cooperative" means a cooperative corporation as defined in ORS Chapter 62.

(9) "Cost-based" means the direct and indirect costs of a specific item or project, including overhead and a reasonable return on investment.

(10) "Customer" means any person, partnership, association, corporation, or governmental agency who has applied for, been accepted, and is currently receiving service unless otherwise noted. Notwithstanding section (2) of this rule, a customer who voluntarily terminates service and subsequently requests service with the same wastewater utility at a new or existing location within 20 days after disconnection retains customer status.

(11) "Customer service line" means that portion of the sewer pipe extending from the end of the utility service connection to the structure or premises to be served. The customer service line is purchased, installed, maintained, repaired, and replaced as necessary by the customer and at the customer’s expense.

(12) "DEQ" means the Oregon Department of Environmental Quality.

(13) "Domestic wastewater" means the water-carried human waste, together with such groundwater infiltration and surface water that may be present that flow to wastewater treatment facilities from residences, buildings, industrial establishments, or other places.

(14) "District" means a corporation as defined under ORS Chapter 553.

(15) "Emergency repair" means repair of a failing wastewater system when immediate action is necessary to relieve a situation in which sewage is backing up into a dwelling or building, or repair of a broken sewer pipe. It does not include the construction of new or additional installation, expansion, alteration, or repair of a system, or part thereof that does not constitute a public health hazard.

(16) "Failing system" means a failing wastewater system or any wastewater system that discharges untreated or incompletely treated sewage or septic tank effluent, directly or indirectly, onto the ground surface, public waters, dwellings, or buildings.

(17) "Formal complaint" means a written complaint filed with the Commission’s Administrative Hearings Division.

(18) "Industrial/commercial wastewater" means any liquid, gaseous, radioactive, or solid waste substance or a combination thereof resulting from any process of industry, manufacturing trade, business, or from the development or recovery of any natural resource.

(19) "Legal availability" means a wastewater system will be legally available for service if the system is not under a DEQ connection permit moratorium.

(20) "Lift or pump station" means any pump, structure, equipment, or device, used to lift sewage or effluent to a higher elevation. Lift stations are considered a part of the wastewater collection system.

(21) "Main line extension" means the extension of a main line to an area not previously served. If the main line extension is required at the request of a potential customer in order to receive service, the cost of such extension will comply with the wastewater utility's main line extension policy.

(22) "Pressure transport piping" means piping that conveys sewage or effluent under pressure into a common sewage system by means of a pump, siphon, or gravity.

(23) "Public health hazard" means a condition whereby there are sufficient types and amounts of biological, chemical, or physical agents, including radiological, relating to sewage that are likely to cause human illness, disorder, or disability, or it is probable that the public is exposed to disease-caused physical suffering or illness due to the presence of inadequately treated sewage. These include, but are not limited to, pathogens, viruses, bacteria, parasites, toxic chemicals, and radioisotopes.

(24) "Public utility" has the meaning given the term in ORS 757.005 and 757.061. The term does not include People’s Utility Districts (PUDs), municipalities, or cooperatives.

(25) "Registered dispute" means an unresolved issue between a customer or applicant and a wastewater utility that is under investigation by the Commission’s Consumer Services Section or Utility Division staff, but is not the subject of a formal complaint.

(26) "Service connection" means the physical connection of the utility service line and the customer service line and that portion of the sewer pipe extending from the sewer main line to the boundary line of the customer's property, easement, public road, or street under which the sewer main line is located.

(27) "System development charge (SDC) or fee" is the infrastructure charge to all potential customers by a wastewater utility prior to service being initiated. The SDC encompasses the total cost of the wastewater system proportionately allocated to all potential customers.

(28) "Utility" means any wastewater utility, except when a more limited scope is explicitly stated.

(29) "Utility service line" means that portion of the sewer pipe between the sewer main line and the customer's property line. The utility service line is purchased, installed, maintained, repaired, and replaced as necessary by the utility and at the utility's expense.

(30) "Wastewater" means sewage or the water-carried human or animal waste from residences, buildings, industrial establishments, or other places, together with such groundwater infiltration and surface water that may be present. The admixture of domestic and industrial waste or other by-products, such as sludge, is considered sewage.

(31) "Wastewater collection system" means all components including pipes, manholes, pumps, lift or pumping stations, and other components necessary to collect and transport domestic and/or industrial liquid waste from a community, individual, corporation, or entity that produces wastewater, sewage, or other waste treatable in a community or private wastewater treatment facility.

(32) "Wastewater service" means the collection, transportation, treatment, and disposal of wastewater for the public or any other beneficial or necessary purpose. Wastewater service does not include septic pumping.

(33) "Wastewater system" means any structure, equipment, or process required to collect, carry away, and treat sewage, including pipe or conduits, lift or pump stations, main lines, and other structures, devices, appurtenances, and facilities used for collecting, treating, or disposing of wastewater, or for collecting or conveying sewage to an ultimate point for treatment and disposal.

(34) "Wastewater treatment facilities" includes all pipes, pumps, canals, lagoons, plant, structures, and appliances, and other real estate, fixtures, and personal property owned, operated, and controlled or managed in connection with or to facilitate the collection, transport, treatment, and disposal of wastewater for the public, or any other beneficial or necessary purpose.

(35) "Wastewater treatment system" means any sewage treatment system. It includes all structures, facilities, equipment, or processes for treating, neutralizing, stabilizing, and/or disposing of domestic waste and sludge, including industrial waste discharged to sewage treatment works.

(36) "Wastewater utility" means all public water utilities as defined ORS 757.005 and 757.061 that also provide wastewater service inside the boundaries of a city, either directly or through an affiliate, regardless of the number of customers receiving water or wastewater service.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.105, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0015 Information for Customers and Applicants

(1) Upon request, the wastewater utility shall furnish customers or applicants with such information as is reasonable to permit such customers to secure efficient service.

(2) A wastewater utility shall keep on file and open for public inspection at its offices: complete rate schedules, contract forms, rules and regulations of the utility, and a copy of the Commission’s rules and regulations.

(3) Upon request, the wastewater utility shall supply a copy of its approved tariffed rates applicable to the type or types of wastewater service furnished to the customer by the wastewater utility.

(4) When service is initiated and not less than once each year thereafter, a wastewater utility shall give its customers a written summary of the customers’ rights and responsibilities, as they relate to the wastewater utility providing service. If service is initiated without a personal contact between the utility and the customer, the wastewater utility shall mail the summary to the customer no later than when the first bill statement is mailed. The summary shall include the text approved by the Commission’s Consumer Services Section and describe:

(a) The customer’s option to designate a third party to receive bills and notices and the availability of notices in languages other than English;

(b) Special payment options such as equal payment plans. Any late-payment charges shall be explained, along with the availability of any preferred billing date option;

(c) Procedures for conflict resolution, including how to register a dispute with the utility and with the Commission and the toll-free number of the Commission’s Consumer Services Section: 1-800-522-2404 or TTY 711.

(5) When service is initiated, the wastewater utility shall inquire if the customer would like to receive notices in a language other than English and will inform the customer of the types of notices and translations currently available. If the language chosen is not available, the utility will inform the customer or applicant that the translated version does not yet exist, but that the customer or applicant’s interest will be recorded for the Commission. Each utility shall report to the Commission the number of requests for notices and summaries in non-English languages. The report shall specify the number of requests for each language.

(a) The Commission will translate the Rights and Responsibilities Summary for Oregon Utility Consumers into the designated non-English languages and provide copies to the wastewater utilities. The information published by a wastewater utility pursuant to OAR 860-037-0015 shall prominently display the following statement in the designated non-English languages at the beginning of the summary and be printed in boldface: A version of the Rights and Responsibilities Summary for Oregon Utility Consumers printed in this language is available by calling (name of utility) at (phone number).

(6) Each wastewater utility shall maintain a business location and a regular telephone number at which it may be contacted directly by customers, applicants, or the Commission during its regular business hours. The utility shall respond to nonemergency customer inquiries, complaints, and service problems within a reasonable time period. For purposes of this rule, a reasonable time period is considered to be within 24 hours.

(7) Each wastewater utility must provide a means by which it may be contacted at any hour in the event of a service failure or emergency or at which a customer or applicant may leave a message reporting such failure or emergency.

(8) Notices approved by the Commission shall be posted in a conspicuous place in each wastewater utility office where credit matters are transacted, setting forth the rights and responsibilities of customers under these rules. The notices shall be printed and shall be written in language that is easy to understand.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0020 Designation of Third Party to Receive Notices

A wastewater utility shall offer its customer or applicant the option to designate a third party to receive bills and notices set forth in these rules. When a wastewater utility receives such designation, it shall send bills and notices required under these rules to the customer’s representative, with duplicate copies of disconnect notices also served on the customer.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0025 Dispute Resolution

(1) When a dispute occurs between a customer or applicant and a wastewater utility about any charge or service, the wastewater utility must:

(a) Thoroughly investigate the matter;

(b) Promptly report the results of its investigation to the complainant;

(e) Retain records of the dispute for at least 36 months after the investigation is closed.

(2) If the utility and complainant cannot resolve the dispute, the wastewater utility must inform the complainant of the right to contact the Consumer Services Section and request assistance in resolving the dispute. The wastewater utility must provide the following contact information for the Consumer Services Section:

(a) Telephone: 503-378-6600; 1-800-522-2404; TTY 711;

(b) Mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon 97308;

(d) Electronic mail address: puc.consumer@puc.oregon.gov; and

(e) Website: https://apps.puc.state.or.us/consumer/complaint.asp.

(3) The Consumer Services Section will investigate any dispute upon request to determine whether it can be resolved as an informal complaint.

(a) The complaint must be filed electronically with the Filing Center at PUC.FilingCenter@puc.oregon.gov.

(b) If the complainant does not have access to electronic mail,

(A) The complaint may be mailed or delivered to the Filing Center at the address set out in OAR 860-001-0140; and.

(B) The complaint must include a request for waiver of electronic service and filing requirements. This request is included on the form available from the Consumer Services Division.

(c) The Commission will serve the complaint on the wastewater utility. The Commission may electronically serve the utility with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file.

(d) The wastewater utility must answer the complaint within 15 days of service of the complaint by the Commission.

(e) The Commission will determine a procedural schedule after the wastewater utility’s answer is filed. The wastewater utility must serve a copy of its answer on the complainant.

(A) If the wastewater utility files a motion to dismiss, the complainant may file a response within 15 days of the motion. If the complainant responds, the complainant must file the response with the Filing Center and send a copy to the utility. The Commission may make a decision the formal complaint based on the information in the complaint, the utility’s response and motion to dismiss, and the complainant’s response to the utility’s motion; or

(6) Upon filing a formal complaint relating to a proposed or actual termination of service, the complainant may request a hearing to determine whether the complainant is entitled to continued or restored service pending the resolution of the complaint. Unless extraordinary circumstances exist, the Commission will conduct the hearing by telephone within three business days. Notice of the hearing will be provided to the complainant and the wastewater utility at least 12 hours before the date and time of the hearing. Pending resolution of the dispute, the complainant's obligation to pay undisputed amounts continues.

(7) A complainant who has a registered dispute or formal complaint pending with the Commission is entitled to continued or restored service provided:

(a) Service was not terminated for tampering with utility property, stealing, diverting, or using unauthorized service, or failure to establish credit;

(b) A bona fide dispute exists in which the facts asserted entitle the complainant to service;

(d) The complainant diligently pursues conflict resolution under the Commission's rules.

(8) If the conditions in section (7) of this rule are not satisfied, the wastewater utility has no obligation to provide continued service. A wastewater utility discontinuing water service because of a customer's failure to meet the conditions of subsections (7)(c) or (7)(d) of this rule for wastewater utility service must give the customer a five-day disconnect notice. The notice must be served in the same manner as provided by OAR 860-037-0245, except that it need only describe the defect in performance, the date and time when water service will be disconnected in order to terminate wastewater service and the toll-free number of the Commission's Consumer Services Section.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040, ORS 756.500, ORS 756.512, ORS 757.005 & ORS 757.061
PUC 8-2026, amend filed 06/24/2026, effective 06/25/2026
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0030 Applications for Water/Wastewater Utility Service

(1) An application for water/wastewater utility service must be made when:

(a) Service is requested by an applicant who has not previously been served by the water/wastewater utility;

(b) Service has been involuntarily discontinued in accordance with these rules and the customer or applicant later seeks to have service restored; or

(2) An application is a request for water/wastewater utility service. The water/wastewater utility shall not accept an application for service until the applicant establishes credit as set forth in OAR 860-037-0035. However, the water/wastewater utility may refuse a service application under OAR 860-037-0075.

(3) A water/wastewater utility may require an applicant to provide the following information when applying for service:

(a) The name of person(s) responsible for payment on the account;

(b) The name to be used to identify the account, if different than the actual name;

(d) The social security number of person(s) responsible for payment on the account;

(e) A current valid Oregon driver license number of the person(s) responsible for payment on the account;

(f) The service address;

(g) The billing address, if different than service address; and

(h) Any available telephone numbers where the applicant can be reached night and day.

(4) In lieu of providing a valid social security number or current valid Oregon driver license number under section (3) of this rule, an applicant may provide:

(a) A valid state or federal identification containing name and photograph of the person(s) responsible for payment on the account;

(b) A combination of:

(A) An original or certified true copy of his or her birth certificate;

(B) A current identification from school or employer containing a photograph; and

(C) The name, address, and telephone number of a person who can verify the applicant's identity, such as a teacher, employer, or caseworker; or

(5) If an applicant is denied service for failure to provide an acceptable form of identification, the applicant may pursue conflict resolution under the Commission’s rules.

(6) Upon request, the water/wastewater utility shall protect the account from access by others through the use of a personalized password or other means acceptable to both the water/wastewater utility and the customer.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0035 Establishing Credit for Residential Service

(1) An applicant or customer may demonstrate satisfactory credit for new or continuing service by showing any of the following, provided that a deposit is not required under section (2) of this rule:

(a) Received 12 months of continuous water/wastewater utility service type during the preceding 24 months and the new water/wastewater utility can verify, either by contacting the former water/wastewater utility or through an authorized letter provided by the applicant or customer, that the applicant or customer voluntarily terminated service and timely paid for all services rendered; or

(b) Proof of ability to pay by providing either:

(B) A statement or other documentation from the income provider or an authorized representative, that the water/wastewater utility can verify, indicating that the applicant or customer receives a regular source of income.

(2) In addition to the methods of demonstrating satisfactory credit set forth in section (1) of this rule, a water/wastewater utility may choose to offer an applicant the option of demonstrating satisfactory credit by meeting minimum credit requirements approved by the Commission.

(3) An applicant or customer may be required to pay a deposit at the time of application for new or continued service when:

(a) The applicant or customer is unable to establish credit as defined in section (1) of this rule;

(b) The applicant or customer received the same type of water/wastewater utility service from it or any Oregon water/wastewater utility, as defined in ORS 757.005, within the preceding 24 months and owed an account balance that was not paid in full when service was terminated. Subsection (2)(b) of this rule does not apply to a customer who registered a dispute with the Commission within 60 days after service was terminated and who paid all undisputed or adjudicated amounts; or

(c) The applicant or customer was previously terminated for theft of service by any Oregon water/wastewater utility as defined in ORS 757.005, was found to have tampered with the meter or other water/wastewater utility facilities, or was otherwise found to have diverted water/wastewater utility service.

(4) In lieu of paying a deposit, an applicant or customer may provide the water/wastewater utility a written surety agreement from a responsible party to secure payment in an amount equal to two months' average usage. For purposes of section (3) of this rule, a responsible party is a customer with the same water/wastewater utility who meets one of the qualifying conditions outlined in section (1) of this rule. The surety agreement obligation will automatically terminate should the responsible party no longer meet the conditions set forth herein. In the event a responsible party is subsequently found not to qualify, the applicant or customer will be required to either pay a deposit or obtain a written surety agreement from another responsible party. The surety obligation ceases when the customer establishes good credit.

(5) Deposits for water/wastewater utility service shall not exceed one-sixth the amount of reasonable billing for 12 months at the rates then in effect. The estimate shall be based on the use of the service at the premises during the prior 12 months or on the type and size of the customer’s equipment that will use the service. Each deposit shall be rounded to the nearest whole dollar.

(a) The water/wastewater utility discovers that the customer gave false information to establish an account and/or credit status;

(b) The water/wastewater utility discovers that the customer has stolen water/wastewater utility service, has tampered with the meter or other water/wastewater utility facilities, or was otherwise found to have diverted water/wastewater utility service; or

(c) A customer moves and the anticipated bill at the new residence will be at least 20 percent greater than the basis of the existing deposit.

(7) Paying a deposit does not excuse a customer from complying with the water/wastewater utility's tariffs or other regulations on file with the Commission, such as the obligation to promptly pay bills.

(8) A water/wastewater utility may file a tariff that contains less stringent deposit requirements than those specified in this rule.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 11-2004, f. & cert. ef. 6-2-04
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 2-2004(Temp), f. & cert. ef. 1-9-04 thru 7-2-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0040 Deposit Payment Arrangements for Residential Wastewater Service

(1) When a wastewater utility requires a deposit, the customer or applicant may pay the deposit in full or in three installments. Installments shall be one-third of the deposit. The first installment is due immediately; the remaining installments are due 30 days and 60 days after the first installment payment.

(2) When a deposit installment payment or a deposit is made with a payment for wastewater utility service, the amount paid shall first be applied toward payment of the amount due for deposit.

(3) A customer who is required to pay an additional deposit shall pay one-third of the total deposit within five days. The remainder of the deposit is due under the terms of section (1) of this rule. If the customer has an existing deposit installment agreement, the remaining installment payments will be adjusted to include the additional deposit; however, two installment payments cannot be required within the same 30-day period.

(4) When a customer enters into an installment agreement for payment of a deposit under section (1) of this rule, the wastewater utility shall provide written notice explaining the deposit requirements. The notice shall specify the date each installment payment shall be due and shall include a statement printed in bold-face type informing the person that wastewater service will be terminated through disconnecting water service if payment is not received when due.

(5) If a customer or applicant fails to abide by the terms of a deposit installment agreement, the wastewater utility may disconnect water service after providing a five-business-day written notice. The notice shall comply with the requirements of OAR 860-037-0245.

(6) When good cause exists, the wastewater utility may provide, or the Commission may require, more liberal arrangements for payment of deposits than those set forth in this rule. The wastewater utility shall keep a written record of the reasons for such action.

(7) If termination of wastewater service for nonpayment of a deposit occurs, the customer or applicant disconnected shall pay the full amount of the outstanding deposit, any applicable reconnection fee, late-payment fee, and past due amount before service is restored. A customer may continue with an existing time-payment agreement by paying all past-due installments.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0045 Interest on Deposits for Residential and Nonresidential Service

(1) Each year, the Commission shall establish an annual interest rate that must be paid on customer deposits. The Commission will base the rate upon consideration of the effective interest rate for new issues of one-year Treasury Bills issued during the last week of October, the interest rate on the most recent issuance of one-year Treasury Bills, or the effective interest rate for the average yield of Treasury Bills of the closest term issued during the last week of October. This interest rate, rounded to the nearest one-half of one percent, shall apply to deposits held during January 1 through December 31 of the subsequent year. The Commission will advise water/wastewater utilities of the changes in the rate to be paid on customer deposits held as needed.

(2) Upon payment of a deposit, the water/wastewater utility shall provide the customer documentation showing the date, name of the customer or applicant, the service address, the amount of deposit, a statement that the deposit will accrue interest at the rate prescribed by the Commission, and an explanation of the conditions under which the deposit will be refunded.

(3) If the deposit is held beyond one year, accrued interest will be paid by a credit to the customer’s account. If held less than one year, interest will be prorated. A water/wastewater utility shall keep a detailed record of each deposit received until the deposit is credited or refunded.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0050 Refund of Wastewater Utility Deposits

(1) A wastewater utility shall promptly refund a customer’s deposit with accrued interest when service is terminated, provided a refund due shall first be applied to any unpaid balance on the customer’s account.

(2) A wastewater utility may continue holding a deposit until credit is satisfactorily established or reestablished. For purposes of this rule, credit is considered established or reestablished one year after a deposit is made if:

(a) The account is current;

(b) Not more than two five-business-day disconnect notices were issued to the customer during the previous 12 months; and

(3) After satisfactory credit has been established or reestablished, the deposit plus any accrued interest must be promptly refunded or credited to the customer's account.

(4) When the customer moves to a new address within the wastewater utility’s service area, the deposit and accrued interest will be transferred to the new account.

(5) Deposits plus accrued interest may be refunded or credited, in whole or in part, to the customer’s account at any time earlier than prescribed in this rule, provided the wastewater utility’s procedures are nondiscriminatory.

(6) Unless otherwise specified by the customer, a wastewater utility shall mail deposit refunds to the customer’s last known address. The wastewater utility will honor valid claims for payment of refunds if received within one year of the date service is terminated. Funds held beyond one year after the date service is terminated will be disposed of in accordance with ORS 98.316.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 98.316, 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0055 Installation of Wastewater Service Connection

(1) A wastewater utility shall furnish and install that portion of the sewer pipe from the sewer main to the customer's property boundary line oreasement, public road, or street, under which such main is located. Such installation shall be designated as the "wastewater service connection." The wastewater utility shall own, operate, maintain, and repair or replace the wastewater service connection when necessary.

(2) A wastewater utility may require the customer to pay a reasonable wastewater service connection charge to offset its expenses listed in section (1) of this rule.

(3) The customer shall furnish, install, maintain, repair, and replace that portion of the sewer pipe from the end of the wastewater service connection to the premises served. Such installation shall be designated as the "customer service line."

(4) The utility shall not connect the customer service line until it is satisfied that the customer’s plumbing is adequate.

(5) All construction and installation of the wastewater service connection and sewer pipes must comply with all applicable statutes, rules, regulations, codes, and industry standards.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0060 Installation of Main Line Extension

(1) A wastewater utility shall develop a Commission-approved uniform policy governing the amount of main line extension and applicable fee charged to the customer or applicant to receive service. This policy shall be related to the investment that can prudently be made for the probable revenue.

(2) Customers may be required to pay a reasonable, cost-based charge for any necessary main line extension to provide a service connection in accordance with the wastewater utility main line extension policy. Such policy and charges must be filed as tariffs with the Commission.

(3) Each wastewater utility shall establish a main line extension policy that includes the following:

(a) Schedule of cost-based charges;

(b) Advance and refund provisions that equitably collect and rebate main line extension charges to customers who contributed to the payment of the cost of the main line extension; and

(4) All main line extension policies shall be applied uniformly among the wastewater utility customers and must be on file with the Commission, and made available to the public.

(5) All construction and installation of main lines and extensions shall comply with all applicable rules, regulations, codes, and industry standards.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0065 Design, Construction, and Operation

(1) The wastewater utility owner is responsible and liable for meeting the requirements for all applicable laws, rules, and codes and for the wastewater (sewage) that passes through the collection, treatment, and disposal plants.

(2) The wastewater utility owner is responsible for obtaining and maintaining all permits, licenses, approvals, design, equipment and materials selection, installation, testing, operation, and maintenance of the complete wastewater system.

(3) Each wastewater utility shall maintain and operate wastewater treatment facilities of adequate size and properly equipped to collect, transport, and treat wastewater, and discharge the effluent at the degree of purity required by the health laws of the DEQ, and all federal, state, and local regulatory agencies and authorities having jurisdiction over such matters.

(4) All materials used in construction of a wastewater system must be structurally sound, durable, and capable of withstanding normal stresses incidental to installation and operation, and will meet or exceed the industry established standards, codes, and requirements of entities having such authority.

(5) Wastewater treatment facilities shall be constructed, installed, maintained, and operated in accordance with accepted engineering practice to assure, as far as reasonably possible, continuity of service, uniformity in the quality of service furnished, and the safety of persons and property.

(6) While prudently managing costs, the design and construction of the wastewater utility’s collecting main lines, treatment plant and facilities, and all additions thereto and modifications thereof, shall meet or exceed the requirements of all regulatory authorities, construction codes, and industry standards.

(7) The capacity of the treatment facilities for the collection, treatment, and disposal of wastewater and wastewater effluent must be sufficiently sized to meet all normal demands for service and provide reasonable reserve for emergencies.

(8) Each wastewater utility shall adopt procedures for inspection of its plant and facilities to assure safe and adequate operation and shall make inspections of its plant on a regular basis. The procedures shall be filed with the Commission. The wastewater utility shall maintain a record of inspections, findings, and corrective action required and/or taken, by location and date.

(9) All components of the wastewater system must be operated and maintained so as not to create a public health hazard or cause water pollution, and without interruption, sewage spills, sewage backup, or other unhealthful conditions.

(a) The owner must establish operating procedures and maintain appropriate qualified staff and adequate inventory of necessary spare parts such as pumps, piping, electrical controls, and valves.

(b) A failing system must be immediately repaired.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0067 Wastewater Disposal

(1) The wastewater utility must ensure proper handling and treatment of all wastewater, sewage, effluent, solids, and biosolids (generated or pumped).

(2) The wastewater utility must ensure proper transport of all wastewater, sewage, effluent, solids, and biosolids (generated or pumped). Such transportation must prevent leaking or spilling of sewage onto the highways, streets, roads, waterways, or other land surfaces not approved for application or disposal.

(3) The utility must immediately clean up any ground surface sewage spills and disinfect any and all spill areas, unless exempted by federal or state law or state agency administrative rules.

(4) The wastewater utility owner is responsible for obtaining and maintaining all licenses, permits, wastewater treatment facilities, permitted pits, ponds or lagoons; or solid land application sites.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04

Or. Admin. R. 860-037-0070 Interruption of Service

(1) A wastewater utility shall keep a record of any interruption of service affecting its whole system, or a major section thereof, including a statement of the date, time, duration, and cause of interruption, remedy, and steps taken to prevent reoccurrence.

(2) A wastewater utility shall make all reasonable efforts to prevent interruptions of service. When such interruptions occur, the wastewater utility shall endeavor to reestablish service with the shortest possible delay consistent with the safety of its customers and the general public.

(3) Each wastewater utility shall make all reasonable efforts to notify every customer affected in advance of any scheduled work that will interrupt service, but such notice shall not be required in case of interruption due to emergency repairs or for repairs or maintenance work that results in an interruption of less than five minutes. All scheduled interruptions shall be made at a time causing minimum inconvenience to customers. In determining reasonable notice, the wastewater utility shall consider the length of the planned interruption, the type and number of customers affected, the potential impact of the interruption on customers, and other surrounding circumstances. Notice may be given in writing, either via US mail or a door hanger on the affected premises, or by contact with the customer or an adult at the residence by personal visit or by telephone.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0075 Refusal of Service

(1) A wastewater utility may refuse to provide wastewater service to an applicant applying for wastewater service until it receives full payment of any overdue amount of an Oregon tariffed or price-listed charge and any other like obligation related to a prior account except as provided below:

(a) When a customer or applicant whose service was terminated applies for service within 20 calendar days of the termination, the wastewater utility shall provide service to an applicant upon receipt of payment equal to at least one-half of any overdue amount. The balance of the amount owed to the utility shall be paid within 30 days of the date service is initiated. Except for the last payment, installments shall be the greater of $30 or one-half the overdue amount;

(b) Upon failure to pay, the wastewater utility may disconnect water service after providing a written five-business-day notice. The notice shall contain the information and be served in the manner prescribed as provided in OAR 860-036-0245.

(2) If water service is disconnected for failure to comply with the payment terms for wastewater service set forth in section (1)(a) of this rule, the wastewater utility may refuse to restore water service until it receives full payment of any overdue obligation of an Oregon tariffed or price-listed charge and any other like obligation related to a prior account, including any reconnection fee, late payment fee, and past due bill.

(3) A wastewater utility may refuse to provide wastewater service until payment is received when the following circumstances exist:

(a) A residential customer has incurred an overdue balance at a service address; and

(b) An applicant for residential service resided at the service address described in subsection (1)(a) of this rule during the time the overdue balance was incurred; and

(c) The residential customer described in subsection (1)(a) of this rule will reside at the location to be served under the new application.

(4) A wastewater utility shall refuse to provide wastewater service if a customer or applicant has not complied with state and municipal codes and regulations governing service and with the rules and regulations of the wastewater utility.

(5) A wastewater utility shall refuse to serve a customer or applicant, if, in the best judgment of the wastewater utility, the facilities of the customer or applicant are of such a character that safe and satisfactory service cannot be given.

(6) If service is refused, the wastewater utility shall provide written notification within 10 business days to the customer or applicant of the reasons for refusal and of the Commission’s complaint process. The utility must send contemporaneously a copy of the notice to the Commission's Consumer Services Section unless service was refused for nonpayment.

(7) A wastewater utility shall not accept an application for wastewater service or materially change service to a customer if it does not have adequate facilities or wastewater resources to render the service applied for, or if the desired service is of a character that is likely to unfavorably affect service to other customers. If a wastewater utility refuses wastewater service on the grounds of inadequate facilities or resources, the wastewater utility shall:

(a) Provide the customer or applicant with a written letter of refusal stating the reason for the refusal. The utility must send contemporaneously a copy of such refusal letter to the Commission's Consumer Services Section.

(b) Inform the customer or applicant that he/she may request the details upon which the wastewater utility’s decision was based, including but not limited to current capacity and demand;

(d) Inform the customer or applicant that he/she may challenge the wastewater utility’s refusal of wastewater service through the Commission’s dispute resolution process pursuant to OAR 860-037-0025.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.035, 757.061 & 757.225
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 22-2002, f. & cert. ef. 12-9-02
PUC 15-1998, f. & cert. ef. 8-27-98
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0080 Restrictions on Entering a Customer Residence

No wastewater utility employee shall enter the residence of a customer without proper authorization except in an emergency endangering life or property.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0095 Annual Fees Payable to the Commission by a Wastewater Utility

(1) On statement forms prescribed by the Commission, each wastewater utility must provide the requested information for the subject year.

(2) Each wastewater utility must pay to the Commission an annual fee on gross operating revenues derived within Oregon at a rate determined by Commission orders entered on or after March 1 of each year.

(a) A minimum annual fee of $10. The annual fee is due on or before April 1 of the year after the calendar year on which the annual fee is based. The annual fee rate will not exceed the rate authorized in ORS 756.310 of the Oregon revenue during the prior calendar year.

(d) A service fee in accordance with OAR 860-001-0050 for each payment returned for non-sufficient funds.

(e) All costs incurred by the Commission to collect a past-due annual fee from the utility.

(4) For any year in which a wastewater utility's statement form was due, the Commission may audit the utility as the Commission deems necessary and practicable:

(a) The Commission's audit must begin no later than three (3) years after the statement form's due date.

History

Statutory/Other Authority: ORS 183, 756
Statutes/Other Implemented: ORS 756.310, 756.320, 756.350
PUC 6-2019, amend filed 09/25/2019, effective 09/25/2019
PUC 7-2015, f. & cert. ef. 9-8-15
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 20-2003, f. & cert. ef. 11-14-03
PUC 15-2003, f. & cert. ef. 7-24-03
PUC 14-2000, f. & cert. ef. 8-23-00

Or. Admin. R. 860-037-0097 Estimated Annual Fees Payable to the Commission by a Wastewater Utility

(1) For any year in which a wastewater utility fails to file a completed statement form, the Commission may determine a proposed annual fee based upon any information available to the Commission. The proposed annual fee must:

(a) Include a penalty fee for failure to pay as required by ORS 756.350;

(b) Include a late statement fee in accordance with OAR 860-011-0080; and

(2) The Commission will provide written notice of the proposed annual fee to the wastewater utility.

(3) Within 30 days after service of the notice of proposed annual fee, the wastewater utility may file a petition with the Commission for a hearing. In its petition, the utility must specify its reasons for disputing the proposed annual fee. The Commission may conduct a hearing on the petition under its rules governing hearings and proceedings.

(4) If the wastewater utility has not filed a petition by the end of the 30-day period, the proposed annual fee is due and payable.

(5) During the 30-day period allowed for filing a petition, the wastewater utility may file its completed statement form and pay the annual fee, penalties, and late statement fee. The Commission will accept the statement form, fees, and penalties in accordance with the original due date for that year’s statement form and payment.

History

Statutory/Other Authority: ORS 183, 192, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.310, 756.320 & 756.350
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 20-2003, f. & cert. ef. 11-14-03
PUC 15-2003, f. & cert. ef. 7-24-03

Or. Admin. R. 860-037-0101 Wastewater Service Charges

In general, wastewater service charges are based upon the volume of water delivered to the customer's property. The water meter serving the premises measures this volume. In cases where a significant volume of the water delivered to the premises is not returned to, or water or wastewater from another source is discharged to the wastewater system the customer may request, or the utility may require, special flow measuring devices to properly measure the volume of wastewater entering the wastewater system. Such special flow measuring devices must be furnished, installed, and maintained by and at the expense of the customer with the approval of the utility.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04

Or. Admin. R. 860-037-0105 Bill Forms

Every wastewater utility providing service shall indicate clearly on the bill the date of the billing period, the schedule number under which the bill was rendered, and any other information needed to compute the bill. Each bill shall bear on its face the delinquent date of the bill and the wastewater utility telephone number where the utility's personnel may be reached during normal business hours.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0110 Due and Payable Period; Time-Payment Agreements for Residential Service

(1) Each wastewater utility shall establish procedures to ensure that the period from the billing transmittal for all current charges, including payment of the final bill, to the due date is not less than 15 days. If the bill is delivered by US mail, the due and payable period begins the day after the US Postal Service postmark or the day after the date of postage metering.

(2) A wastewater utility may not disconnect residential water service for nonpayment of wastewater service charges if a customer enters into a written time-payment plan. A wastewater utility will offer customers a choice of payment agreements. At a minimum, the customer may choose between a levelized-payment plan and an equal-pay arrearage plan.

(3) A customer who selects a levelized-payment plan will pay a down payment equal to the average annual bill including the account balance, divided by 12, and a like payment each month for 11 months thereafter:

(a) The monthly installment plan shall be reviewed by the wastewater utility periodically. If necessary, due to changing rates or variations, the installment amount may be adjusted in order to bring the account into balance within the time period specified in the original agreement;

(b) If a customer changes his/her service address at any time during the period of a time-payment agreement, provided that payments are then current and the customer pays other scheduled or tariffed charges associated with the change in residence, the wastewater utility shall recalculate the customer’s deposit or monthly installment. The recalculated amount shall reflect the balance of the account at the previous service address and the average annual bill at the new service address for the months remaining in the original time-payment agreement. When installments on a time-payment agreement have not been kept current, a customer shall be required to pay all past-due installments, together with any other applicable charges before service is provided at the new residence.

(4) A customer who selects an equal-pay arrearage plan will pay a down payment equal to 1/12 the amount owed for past water/wastewater utility service (including the overdue amount and any amounts owed for a current bill or a bill being prepared but not yet delivered to the customer). Each month, for the next 11 months, an amount equal to the down payment will be added to, and payable with, the current charges due for wastewater service. If a customer changes his/her service address at any time during the period of an equal-pay arrearage plan, the plan continues. However, the customer must pay any past-due charges and all other applicable charges before the wastewater utility provides service at the new address.

(5) The wastewater utility and customer may agree in writing to an alternate payment arrangement, provided the wastewater utility first informs the customer of the availability of the payment terms set forth in sections (3) and (4) of this rule.

(6) If a customer fails to abide by the wastewater time-payment agreement, the wastewater utility may disconnect water service after serving a 15-day disconnect notice. The notice shall comply with OAR 860-037-0245, except that subsection (5)(d) shall not be applicable. Such customers shall not be eligible for a renewal or renegotiation of a time-payment plan.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 16-2004, f. & cert. ef. 12-1-04
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 16-2003, f. & cert. ef. 10-1-03
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0115 Late-Payment Charge

(1) Except as provided in section (2) of this rule, a wastewater utility may apply a late-payment charge to customer accounts not paid in full each month, provided the wastewater utility has filed the late-payment charge in its tariffs.

(2) The charge will be based on a monthly late-payment rate applied to only overdue account balances at the time of preparing the subsequent month’s bill for residential accounts or by the bill due date for all other accounts. The late-payment charge may not be applied to time-payment or equal-payment accounts that are current. The Commission will determine the late-payment rate based on a survey of prevailing market rates for late-payment charges of commercial enterprises and will advise all wastewater utilities of the changes in the rate they may use to determine late-payment charges on overdue customer accounts as needed. The current late-payment rate and the conditions for its application to customer accounts shall be specified on the utility bill.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0120 Adjustment of Bills

(1) Except as provided in sections (4) and (5) of this rule, if a wastewater utility determines that a current or former customer of the utility was under-billed or over-billed for a service provided by the wastewater utility under rate schedules or tariffs in effect when the service was provided:

(a) The wastewater utility may issue a bill to collect amounts previously under-billed during the 12-month period ending on the date on which the customer or former customer was last under-billed. The wastewater utility may not bill for services provided more than two years before the date the utility discovered the under-billing.

(b) The wastewater utility must issue a refund or bill credit for amounts previously over-billed during the 12-month period ending on the date on which the customer or former customer was last over-billed. The wastewater utility is not required to refund amounts which were received more than three years before the date the wastewater utility discovered the over-billing.

(c) Notwithstanding subsection (1)(a) of this rule, if the under-billing was the result of fraud, tampering, diversion, theft, misinformation, false identification, or other unlawful conduct on the part of the customer or former customer of the wastewater utility, the wastewater utility may collect full payment for any amount owed without limitation.

(2) When a wastewater utility issues a bill to collect under-billed amounts, a current or former customer of a wastewater utility may enter into a time-payment agreement as provided in OAR 860-037-0110. If the wastewater utility customer is already on a time-payment plan, the utility must offer to renegotiate the payment plan to include the under-billing error. If the customer and wastewater utility cannot agree upon payment terms, the Commission will establish terms and conditions to govern the customers’ obligation. This section does not apply if the corrected billing is the result of the conditions listed in subsection (1)(c).

(3) When a wastewater utility requires payment for amounts previously under-billed, the utility must provide a written notice that explains:

(a) The circumstance and time period of the under-billing;

(b) The corrected bill amount and the amount of the necessary adjustment,

(d) The right for a current or former customer to enter into a time-payment agreement with the wastewater utility.

(4) A billing adjustment is not required if a wastewater meter registers less than a two percent error under conditions of normal operation.

(5) The wastewater utility may waive rebilling or issuing a refund check when the costs make such action uneconomical.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.250
PUC 7-2014, f. & cert. ef. 11-13-14
PUC 5-2014, f. & cert. ef. 6-26-14
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0125 Transfer Billings

(1) If a wastewater utility identifies a balance a customer owes the wastewater utility from the customer’s prior account for Oregon service, the wastewater utility shall have the option to transfer the amount to the customer’s current account. The wastewater utility must give the customer prior notice of the transfer, including the amount due under the prior account, the period when the balance was incurred, and the service address under which the bill was incurred; or the wastewater utility may send a separate notice to the customer giving the same information as included in the transfer, but collecting the amount due separately from the customer’s current account. If the bill is identified when a customer changes residences, the provisions of this rule apply.

(2) If the customer has an amount remaining on an existing time-payment agreement, the customer may enter into a new time-payment agreement to include the transfer.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.225
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0205 Grounds for Terminating Customer Wastewater Service by Disconnecting Water Service

A wastewater utility may disconnect water service to a wastewater customer for:

(1) Failure to establish credit by:

(a) Failing to pay a deposit or make payments in accordance with the terms of a deposit payment arrangement (OAR 860-037-0040); or

(b) Providing false identification or verification of identity.

(2) When facilities provided are unsafe or do not comply with federal, state, and municipal codes governing service or the wastewater utility’s rules and regulations.

(3) When the customer does not cooperate in providing reasonable access for necessary inspections, operations, or maintenance. Necessary in this context means required by law or to determine if a health or safety hazard exists.

(4) When a customer requests the wastewater utility to disconnect water service or close an account (OAR 860-037-0210) or when a co-customer fails to reapply for service within 20 days after a joint account is closed by the other co-customer, so long as the wastewater utility has provided a notice of pending disconnection.

(5) When dangerous or emergency conditions exist at the service premises (OAR 860-037-0215).

(6) For failure to pay Oregon tariffed wastewater rates due for services rendered.

(7) For diverting service, or other theft of service.

(8) When the Commission approves the disconnection of water service.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.035, 757.061, 757.225 & 757.760
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0210 Voluntary Water Disconnection for Wastewater Service

A customer who wishes to have service discontinued, shall provide the wastewater utility with a five-business-day notice in advance of the requested date of discontinuance of service. Until the wastewater utility receives such notice, the customer is responsible for all service rendered.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0215 Emergency Water Disconnection for Wastewater Service

A wastewater utility may terminate water service in emergencies endangering life or property without following the procedures set forth in OAR 860-037-0245. However, the wastewater utility shall immediately thereafter notify the customer and the Commission. In such cases, when the necessity for emergency termination was through no fault of the customer, the wastewater utility will not make a charge to restore service.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.035 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0220 Disconnection of Water Service on Weekends and Holidays

Water service shall not be disconnected for non-emergencies on a weekend or a state or wastewater utility-recognized holiday. Water service shall not be disconnected for non-emergencies on a Friday or the day before a state or wastewater utility-recognized holiday unless mutually agreed upon by the customer, the wastewater utility, and the Commission’s Consumer Services Section.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.760
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0225 Accounts Not Related to Residential Service

A wastewater utility may not deny or disconnect residential water service due to the failure to pay for nonresidential wastewater service, or to meet obligations in connection with nonresidential wastewater service.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.760
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0230 Disconnection of Wastewater Service to Tenants

(1) If a wastewater utility’s records show that a residential billing address is different from the service address, the wastewater utility must provide a duplicate of the five-business-day water disconnect notice required under OAR 860-037-0020 to the occupants of the service address in the manner described in 860-037-0245 unless the wastewater utility has reason to believe that the service address is occupied by the customer. This requirement is satisfied by serving a notice addressed to "Tenants," as required in 860-037-0245 for wastewater service. The notice to occupants need not include the dollar amount owing.

(2) When a wastewater utility’s records show that a residence is a master-metered, multi-unit dwelling (including rooming houses), the wastewater utility must notify the Commission’s Consumer Services Section at least five business days before disconnecting the water service for wastewater service obligations. The wastewater utility will use reasonable efforts to notify occupants of the impending disconnection and alternatives available to them.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.760
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0235 Multilingual Disconnection Notice

(1) Except as provided in section (2) of this rule, all disconnect notices shall contain the following information translated into Spanish, Vietnamese, Cambodian, Laotian, and Russian (translations are available from the Consumer Services Section):

IMPORTANT NOTICE: Your water service will be shut off because of an unpaid balance on your wastewater account. You must act immediately to avoid shut-off. Important information about how you can avoid shut-off is printed in English in the enclosed notice. If you cannot understand English, please find someone to translate the notice. If translation assistance is unavailable, please contact (name) at (phone number) who will try to help you. Information on customer's rights and responsibilities printed in this language is also available by calling that number. YOU MUST ACT NOW TO AVOID SHUT-OFF.

(2) The Commission may grant a waiver of the multilingual notice requirement under OAR 860-037-0001(1), for a period not to exceed two calendar years, if the water utility shows that

(a) for a water utility with less than 50,000 customers, less than 5 percent of its Oregon customers would benefit from such notice, or

(b) for a water utility with 50,000 or more customers, less than 500 of its Oregon customers would benefit from such notice. The water utility may request a waiver of the multilingual notice every two years.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0240 Reconnection Fee

When a wastewater service is disconnected for wastewater service, pursuant to OAR 860-037-0245, the wastewater utility may charge the reconnection fee in its tariff.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.225
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0245 Disconnection Procedures for All Customers of Wastewater Utility Services

(1) Involuntary termination of wastewater service for all customers shall be under the provisions of this rule.

(2) Notice Requirements:

(a) At least five business days before a wastewater utility disconnects water service to terminate wastewater service, written notice of disconnection must be provided to the customer;

(b) At least 15 days before a wastewater utility disconnects water service to terminate wastewater service due to customer failure to abide by a time-payment agreement, written notice of disconnect must be provided to the customer; and

(c) The disconnection notice shall inform the person that water service will be disconnected on or after a specific date for violation of a wastewater service rule and shall explain the alternatives, in compliance with OAR 860-037-0220.

(3) The wastewater utility may serve the notice of disconnection in person or send it by first class mail to the last known addresses of the customer and the customer’s designated representative. Service is complete on the date of mailing or personal delivery. If notification is made by delivery to the residence, the wastewater utility shall attempt personal contact. If personal contact cannot be made with the customer or an adult resident, the wastewater utility shall leave the notice in a conspicuous place at the residence.

(4) When a written notice is given under these rules:

(a) The notice shall conform to the requirements of OAR 860-037-0235 concerning multilingual requirements and service on any designated representative;

(b) The notice shall conform to the requirements of OAR 860-037-0230 if the wastewater utility’s records show that the billing address is different than the service address or that the premise is a multi-unit dwelling. The notice may be addressed to "Tenant." The envelope shall bear a bold notice stating, "Important notice regarding disconnection of water service," or words to that effect.

(5) The notice shall be printed in bold face type and shall state in easy to understand language:

(a) The reason for the proposed termination of wastewater service by disconnection of water service;

(b) The amount to be paid to avoid disconnection;

(d) An explanation of the time-payment agreement provisions of OAR 860-037-0110; and

(e) An explanation of the Commission’s dispute resolution process and toll-free number.

(6) A notice of disconnection may not be sent prior to the due date for payment of a bill.

(7) At least five business days before the proposed disconnection date, the wastewater utility must mail or deliver a written disconnection notice to the customer. A fee in an amount approved by the Commission may be charged whenever a wastewater utility is required to visit a residential service address in order to serve a disconnection notice.

(8) On the day that the wastewater utility expects to disconnect water service and prior to disconnection, the wastewater utility make a good faith effort to personally contact the customer or an adult at the residence to be disconnected.

(a) If the contact is made, the wastewater utility shall advise the person of the proposed disconnection; or

(b) If contact is not made, the wastewater utility must leave a notice in a conspicuous place at the residence informing the customer that water service has been, or is about to be, disconnected to terminate wastewater service to the customer.

(9) Where personal contact is made by a wastewater utility under this rule, and the circumstances are such that a reasonable person would conclude that the customer does not understand the consequences of disconnection, the wastewater utility must:

(a) Notify the Department of Human Services and the Commission; and

(b) Delay the proposed disconnection date for five additional business days.

(10) When personal contact is made by the wastewater utility under this rule, the representative of the wastewater utility making contact shall be authorized to accept reasonable partial payment of the overdue balance in accordance with the time-payment provisions.

(11) A wastewater utility must document its efforts to provide notice under this rule and shall make that documentation available to the customer and the Commission upon request.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.750, 757.061 & 757.755
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0307 Wastewater Utility Compliance Enforcement by Commission Appointment of Regent to Operate and Manage a Wastewater System

(1) In extreme circumstances where a wastewater utility owner, operator, or representative demonstrates to the Commission's satisfaction an unwillingness, incapacity, or refusal to effectively operate and manage the wastewater system to provide safe and adequate service to its customers in compliance with Oregon statutes, rules, and standards, the Commission, after consultation with affected customers, may appoint a regent to operate and manage the wastewater system. The appointment shall be accomplished under an Interim Operating Agreement until a long-term option for the provision of wastewater is available to the customers.

(2) The regent appointed to operate, maintain, and repair the system must be, or employ, a qualified wastewater operator or be a qualified wastewater utility.

(3) The appointment of the regent may also include responsibility for billing and collection, customer service, and administration of the system.

(4) The regent shall record all transactions in a general ledger and supply a copy of the ledger and bank statements to the Commission.

(5) At the end of the Interim Operating Agreement, the Commission shall approve a final accounting of all monies and disbursement of surplus funds.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04

Or. Admin. R. 860-037-0308 Expenditure of Fees Collected Under ORS 756.310 to Make Emergency Repairs

(1) The Commission may use up to $5,000 per biennium of the fees collected under ORS 756.310 to make emergency repairs for privately-owned wastewater utilities that provide service within the boundaries of a city. The Commission may expend monies under the provisions of this rule if the Commission determines that:

(a) Customers of a wastewater utility are without service and are likely to remain without service for an unreasonable period of time;

(b) The wastewater utility is unwilling or unable to make emergency repairs, or cannot be found after reasonable effort; and

(2) The Commission shall promptly attempt to recover fees used under this rule from the utility providing water service. No interest shall accrue on the outstanding balance.

(3) The Commission may also recover penalties as provided in ORS 756.350 from the time the fees are expended.

History

Statutory/Other Authority: ORS 183, 756, 757 & Ch. 202 & OL 2003
Statutes/Other Implemented: ORS 757.061 & Ch. 202 & OL 2003
PUC 7-2004, f. & cert. ef. 4-9-04
PUC 24-2003(Temp), f. & cert. ef. 12-10-03 thru 6-7-04

Or. Admin. R. 860-037-0309 Commission-Assessed Civil Penalties for Noncompliance

(1) In addition to any other penalty provided by law, the Commission may impose a civil penalty not to exceed $500 for each violation of state statutes, Oregon administrative rules, or Commission orders related to wastewater utilities.

(2) Prior to assessing civil penalties, the Commission may send a warning letter to the wastewater utility by registered or certified mail. The warning letter must include, but not be limited to, the following:

(a) A statement that the wastewater utility is in violation of state statutes, Oregon administrative rules, or Commission orders;

(b) The time allowed for correcting the violation(s); and

(c) A statement that, if the violations are not corrected within the time allowed, staff may make a recommendation to the Commission to assess civil penalties.

(3) The Commission must give notice of civil penalties by registered or certified mail to the wastewater utility incurring the penalties. The notice must include, but is not limited to the following:

(a) The section of the statute, rule, or order violated;

(b) A concise statement of the violation(s) asserted or charged;

(d) A statement of the wastewater utility’s right to request a hearing within 20 calendar days of the date of service of the notice; and

(e) A statement of the authority and jurisdiction under which the hearing is to be held.

(4) Within 20 calendar days of the date of service of the notice, the wastewater utility incurring the penalties may request a hearing. Such request must be in writing and shall state what actions, if any, have been made to correct the violation(s) stated in the notice. If the wastewater utility does not request a hearing within the time allowed, or if the wastewater utility requesting a hearing fails to appear, the Commission may issue a final order imposing the penalty.

(5) The Commission may require that penalties imposed under this rule be used for the benefit of the customers of wastewater utilities affected by the violation(s).

History

Statutory/Other Authority: ORS 183, 756 & Ch. 202 & OL 2003
Statutes/Other Implemented: ORS 183.090, 756.040 & Ch. 202 & OL 2003
PUC 7-2004, f. & cert. ef. 4-9-04
PUC 24-2003(Temp), f. & cert. ef. 12-10-03 thru 6-7-04

Or. Admin. R. 860-037-0310 Maps and Records

(1) A wastewater utility shall keep on file current maps and records of the entire system showing size, location, and date of installation of the collection system and wastewater plant.

(2) Upon request, a wastewater utility shall file with the Commission an adequate description or maps to define the wastewater territory serviced. All maps and records that the Commission may require the wastewater utility to file shall be in a form satisfactory to the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.020 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0320 Location of Underground Facilities

A wastewater utility and its customers shall comply with requirements of OAR chapter 952 regarding the prevention of damage to underground facilities.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.542 - 757.562
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0325 Construction, Safety, and Reporting Standards for Wastewater Utilities

If a wastewater utility engages in the management, operation, ownership, or control of gas pipelines or communication, signal, or electrical supply lines within Oregon, the wastewater utility shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.020, 757.035 & 757.039
PUC 23-2001, f. & cert. ef. 10-11-01

Or. Admin. R. 860-037-0330 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities

Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.270 - 757.290 & 759.650 - 757.675
PUC 23-2001, f. & cert. ef. 10-11-01

Or. Admin. R. 860-037-0405 Relating to New Wastewater Utilities

This rule applies to newly constructed investor-owned wastewater utilities that have not previously offered wastewater service to the public during the past 12 months. A new wastewater utility shall initially and immediately file tariffs with the Commission to establish approved rates and charges. All subsequent rate increases will comply with the requirements of OAR 860-037-0410 through 860-037-0445.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061, 757.205 & 758.300 - 758.320
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0407 Request for Rate Regulation of an Association within the Boundaries of a City

(1) Association members may submit a petition to the Commission at any time for full rate regulation of a wastewater utility owned or operated by an association located within the boundaries of a city. Petitioners must be current customers of the wastewater utility.

(2) Petitions must be in writing, state the purpose of the petition, and include the customer’s name, address, telephone number, and signature.

(3) Individual members may submit letters in lieu of a petition.

(4) If 20 percent of association members petition the Commission, the Commission shall issue an order notifying the association of its change in regulatory status to a rate-regulated utility.

(5) The association must file tariffs pursuant to ORS 757.205 within 60 days after receiving notification from the Commission of its change in regulatory status.

(6) If the association fails to file appropriate tariffs within 60 days, the Commission may initiate a tariff filing proceeding on its own motion to establish rates.

(7) Petitions filed with the Commission may not be withdrawn or rescinded and are valid for six months.

History

Statutory/Other Authority: ORS 183, 756 & Ch. 082 & OL 2003
Statutes/Other Implemented: ORS 756.040 & Ch. 082 & OL 2003
PUC 7-2004, f. & cert. ef. 4-9-04
PUC 24-2003(Temp), f. & cert. ef. 12-10-03 thru 6-7-04

Or. Admin. R. 860-037-0410 Tariff Specifications

(1) Form and style of tariffs:

(a) Each wastewater utility must designate the initial tariff as PUC Oregon No. 1, and designate successive tariffs with the next number in consecutive numerical order. Supplemental information not otherwise provided by the tariff must be inserted in the most appropriate location and denoted by the previous sheet numbers plus a letter, for example, 3A, 3B, etc. Revisions to tariffs must be denoted by 1st Revised Sheet No. 3, 2nd Revised Sheet No. 3, etc.;

(b) The title page should be uniform. Rates, rules, and regulations must be written only on one side of a sheet. If a single sheet is insufficient, two or more pages should be used. Blank forms will be furnished by the Commission upon request; and

(2) Size of tariffs and required:

(a) Tariffs and supplements thereto must be prepared using a readable font that, when printed, will fit on an 8-1/2 x 11 inch page; and

(b) Wastewater utilities must file with the Commission an original of each tariff, rate schedule, revision, or supplement in electronic form as required by OAR 860-001-0170. The advice letter accompanying the tariffs must bear the signature of the issuing officer or utility representative. The tariffs do not require a signature.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.205
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0415 Tariff Contents

(1) Tariffs must explicitly state the rates and charges for each class of wastewater service rendered, designating the area or district to which they apply.

(2) Rules and regulations of the wastewater utility that in any manner affect the rates charged or to be charged or define the extent or character of the wastewater service to be given shall be included with each tariff.

History

Statutory/Other Authority: ORS 183, 330, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005. 757.061 & 757.205
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0420 Tariff Changes Require 30 Days’ Notice to the Commission

Except as hereinafter provided in this division, a wastewater utility must file with the Commission all tariffs, rate schedules, revisions, or supplements thereto containing any change in rates, tolls, charges, or rules and regulations at least 30 days before the effective date of such changes. The Commission will reject tariffs or schedules not conforming with the rules in this division.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.007, 757.061 & 757.220
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0425 Announcement of Tariff Changes

(1) Within 15 days of filing with the Commission new or revised wastewater tariff schedules that constitute a general rate revision, a wastewater utility shall inform its customers of the filing. A "general rate revision" is a filing by a wastewater utility that affects all or most of a wastewater utility’s wastewater rate schedules. "General rate revision" does not include changes in an automatic adjustment clause under ORS 757.210(1) or similar changes in one rate schedule, such as for an amortization, that affect other rate schedules.

(2) A wastewater utility shall inform its customers by:

(a) Insertion of a display announcement, not less than a three column standard advertising unit (SAU) by 10 inch advertisement, at least once in a newspaper of general circulation in the communities served by the wastewater utility;

(b) An announcement inserted in the wastewater utility’s regular billing to its wastewater customers; or

(3) At a minimum, the announcement shall include the following information:

(a) The approximate current and proposed average monthly wastewater service rate for each customer class, expressed in dollar terms;

(b) A brief statement of the reasons why the change is sought;

(c) Notification that copies of the wastewater utility’s application, testimony, and exhibits are available for inspection at its main and district offices;

(d) The mailing address and telephone number of the wastewater utility’s office that customers may contact for additional information about the filing;

(e) The Commission's Consumer Services Section toll-free telephone number: 1-800-522-2404 or TTY 711; and mailing address: Public Utility Commission of Oregon, Administrative Hearings Division, PO Box 1088, Salem OR, 97308, that interested persons may contact to receive notice of the time and place of any hearing on the matter; and

(f) A statement that the purpose of the announcement is to provide customers of the wastewater utility with general information as to the proposed tariffs and their effect on customers, and that the calculations and statements contained in the announcement are not binding on the Commission.

(4) With no less notice than seven business days prior to sending the written announcement to its customers, the wastewater utility must provide the Commission with a draft copy of the written announcement for staff review.

(5) Within 20 days of issuance of the announcement, the wastewater utility shall file an affidavit with the Commission that notice has been given and include a copy of the announcement.

(6) The Commission may waive the requirements of this rule upon a showing by the wastewater utility that the notice required by this rule has been given with respect to a particular general rate revision, and upon a further showing that additional notice with respect to that rate revision would be duplicative, confusing to customers, and burdensome to the wastewater utility.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0430 Applications to Make Tariffs or Rate Schedules Effective on Less Than Statutory Notice

A wastewater utility seeking authority to make tariffs or rate schedules effective on less than statutory notice must use application forms approved by the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.220
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0435 Requirements for Filing Tariffs or Schedules Changing Rates

(1) A wastewater utility may make wastewater tariff changes by filing an entirely new tariff or by filing revised sheets that shall refer to the sheets of the tariffs on file. Additions to the tariff on file may be made by filing additional sheets.

(2) Each wastewater utility filing wastewater tariffs or schedules changing existing tariffs or schedules shall submit therewith the following information:

(a) A statement plainly indicating the increase, decrease, or other change thereby made in existing rates, charges, tolls, or rules and regulations;

(b) A statement setting forth the number of customers affected by the proposed change and the resulting change in annual revenue; and

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.205
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0440 Requirements for Filing Tariffs or Schedules Naming Increased Rates

(1) A wastewater utility filing tariffs or schedules that increase rates shall submit, in addition to the requirements of OAR 860-037-0435, the following information:

(a) A statement setting forth for each separate schedule the total number of customers affected, the total annual revenue derived under the existing schedule, and the amount of estimated annual revenue derived under the proposed schedule in the application;

(b) A statement setting forth for each separate schedule the monthly bills under both the existing rates and the proposed rates for characteristic customers that fairly represents the application of the proposed tariff or schedules; and

(2) Additional information may be required to be filed either prior to acceptance by the Commission of the tendered filing or at any stage in the proceeding.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.205
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0445 Tariff Changes Effective with Service Rendered

All tariff changes apply to service rendered on and after the effective date of the changes, unless the Commission by order provides otherwise. As used in this rule, "service rendered" means basic service provided, or likewise as the context requires.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.007, 757.061 & 757.220
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0450 Notice to Interested Persons

(1) This rule applies to any tariff filing that is filed under ORS 757.205.

(2) Any person who requests of the Commission, in writing, to be notified of wastewater utility tariff filings covered under section (1) of this rule must be included on a notice list.

(4) The notice must include the following information:

(a) Name of the wastewater utility submitting the filing;

(b) Subject;

(d) Effective date;

(e) Date of the public meeting the tariff will be considered (when the information is available); and

(f) Customer classes affected.

(5) The Commission may periodically delete from the notice list names of persons who do not demonstrate a continued interest in receiving the notices set forth in section (2) of this rule. No person's name may be deleted from the list without 20 days' notice before deletion.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.230
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0505 Form and Filing of Applications

(1) The Commission will furnish to applicant such information from the records on file as will assist in a full presentation of material facts required by OAR 860-037-0510 to 860-037-0535.

(2) When any document required to be filed under these rules has previously been filed with the Commission, it shall be sufficient if the application makes reference to such filing and the capacity in which it was filed.

(3) Where the words "none" or "not applicable" truly and completely state the fact, they should be used in answering the requirement of any particular section of this rule.

(4) The Commission may require additional information when it appears to be pertinent in a particular case.

(5) Whenever these rules require the filing of financial statements, they shall be prepared as of the latest date available. The Income Statement shall be for the most recent 12-month period.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.105, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0510 Notice and Approval Requirements Relating to the Sale, Transfer, Merger, Termination, Abandonment, or Disposal of a Wastewater Utility

(1) Approval Requirements:

(a) Each wastewater utility must file an application to obtain Commission approval prior to the sale, transfer, or merger of the utility. Application requirements are found in OAR 860-037-0515;

(b) Each wastewater utility must file an application to obtain Commission approval prior to terminating, abandoning, or otherwise disposing of the wastewater utility, excluding sales, transfers, or mergers.

(2) Notice Requirements: Each wastewater utility shall provide written notification to customers and the Commission of any sale, transfer, merger, termination, abandonment, or disposal of the utility 60 days prior to the closing date of the transaction. The notice shall include the following information:

(a) Name, address, and telephone number of the wastewater utility;

(b) Purpose of notice;

(d) Proposed effective date of the transaction.

(e) Name, address, and telephone number of potential buyer;

(f) Reason(s) for sale, transfer, or merger, termination, abandonment or disposal of the wastewater system;

(g) Effect of the transaction upon customers; and

(h) The Commission’s Consumer Services Section toll free number: 1-800-522-2404 or TTY 711; mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem OR 97308-1088; and street address: Public Utility Commission of Oregon, 201 High Street SE, Suite 100, Salem, OR 97301.

(i) In case of termination, abandonment, or disposal of utility, the utility shall also provide an explanation of any alternative water service option(s) to customers.

(3) A draft copy of the customer notice must be mailed to the Commission for Utility Division staff review seven business days prior to a customer mailing.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.480
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0515 Applications for Authority to Sell, Lease, Assign, Mortgage, Merge, Consolidate, or Otherwise Dispose of or Encumber its Property, or to Acquire Stock, Bonds, or Property of Another Public Utility

Requirements of this rule apply to wastewater utilities seeking authority under ORS 757.480 and 757.485. Every applicant shall at a minimum, utilize the form prescribed below and provide all required information. At its discretion, the Commission may require further or more detailed information. [Form not included. See ED. NOTE.]

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061, 757.105, 757.480 & 757.485
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0517 Acquisition Adjustment

(1) A wastewater utility may file a petition with the Commission for approval of an acquisition adjustment for acquiring a wastewater utility. The approval and determination of an acquisition adjustment is at the sole discretion of the Commission.

(2) The Commission shall consider the merits of the utility's petition based on the benefit to the customers being acquired and the public interest on a case-by-case basis.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04

Or. Admin. R. 860-037-0520 Application by a Wastewater Utility for Authority to Issue Wastewater Stocks, Bonds, Notes, or Other Securities

(1) This rule applies to wastewater utilities seeking authority under ORS 757.495, 757.405 to 757.435 inclusive, 757.445, and 757.450. Every applicant shall set forth in this application to the Commission, in the manner and form and in the order indicated, the following information:

(a) The applicant’s exact name and the address of its principal business office;

(b) The state in which incorporated, the date of incorporation, and the other states in which authorized to transact wastewater utility business;

(c) The name and address of the person authorized, on behalf of applicant, to receive notices and communications in respect to the application;

(d) The names, titles, and addresses of the principal officers of the applicant;

(e) A description of the general character of the business done and to be done, and a designation of the territories served. A map showing the territories served is desirable;

(f) A statement, as of the date of the balance sheet submitted with the application, showing for each class and series of capital stock: brief description; amount authorized (face value and number of shares); amount outstanding (exclusive of any amount held in the treasury); held amount as reacquired securities; amount pledged by applicant; amount owned by affiliated interests; and amount held in any fund;

(g) A statement, as of the date of the balance sheet submitted with the application, showing for each class and series of long-term debt or notes: brief description (amount, interest rate, and maturity); amount authorized; amount outstanding (exclusive of any amount held in the treasury); amount held as reacquired securities; amount pledged by applicant; amount held by affiliated interests; and amount in sinking and other funds;

(A) A description of the proposed method of issuing and selling the securities;

(C) A statement showing why it is in applicant’s interest to issue securities in the manner proposed and the reason(s) why it selected the proposed method of sale; and

(j) The name and address of any person receiving or entitled to a fee for service (other than attorneys, accountants, and similar technical services) in connection with the negotiation or consummation of the issuance or sale of securities, or for services in securing underwriters, sellers, or purchasers of securities, other than fees included in any competitive bid; the amount of each such fee, and facts showing the necessity for the services and that the fee does not exceed the customary fee for such services in arm’s-length transactions and is reasonable in the light of the cost of rendering the service and any other relevant factors;

(k) A statement showing both in total amount and per unit the price to the public, underwriting commissions, and net proceeds to the applicant. Supply also the information (estimated if necessary) required in section (4) of this rule. If the securities are to be issued directly for property, then a full description of the property to be acquired, its location, its original cost (if known) by accounts, with the identification of the person from whom the property is to be acquired, must be furnished. If original cost is not known, an estimate of original cost based, to the extent possible, upon records or data of the seller and applicant or their predecessors must be furnished, with a full explanation of how such estimate has been made, and a description and statement of the present custody of all existing pertinent data and records. A statement showing the cost of all additions and betterments and retirements, from the date of the original cost, should also be furnished;

(l) The purposes for which the securities are to be issued. Specific information will be submitted with each filing for the issuance of bonds, stocks, or securities:

(A) For construction, completion, extension, or improvement of wastewater facilities, include a description of such facilities and the cost thereof;

(B) For reimbursement of the applicant’s treasury for expenditures against securities that have not been issued, include a statement giving a general description of such expenditures, the amounts and accounts charged, the associated credits, if any, and the periods during which the expenditures were made;

(C) For refunding or discharging of wastewater obligations, include a description of the obligations to be refunded or discharged. The description shall provide the character, principal amounts discount or premium applicable thereto, date of issue and date of maturity, purposes to which the proceeds were applied and all other material facts concerning such obligations; and

(D) For improvement or maintenance of wastewater service include a description of the type of expenditure and the estimated cost in reasonable detail.

(n) The facts relied upon by the applicant to show that the issue:

(A) Is for some lawful object within the corporate purposes of the applicant;

(B) Is compatible with the public interest;

(C) Is necessary or appropriate for or consistent with the proper performance by the applicant of service as a wastewater utility;

(D) Does not impair its ability to perform that service;

(E) Is reasonably necessary or appropriate for such purposes; and

(F) If filed under ORS 757.495, is fair and reasonable and not contrary to the public interest.

(o) A brief statement of all rights to be a corporation, franchises, permits, and contracts for consolidation, merger, or lease included as assets of the applicant or any predecessor thereof; the amounts actually paid as consideration therefore, respectively; and the facts relied upon to show the issuance of the securities for which approval is requested will not result in the capitalization of the right to be a corporation or of any franchise, permit, or contract for consolidation, merger, or lease in excess of the amount (exclusive of any tax or annual charge) actually paid as the consideration for such right, franchise, permit, or contract; and

(p) If filed under ORS 757.490 or 757.495:

(A) Provide a statement describing the relationship between the wastewater utility and the affiliated interest as defined in ORS 757.015 or 757.490:

(i) Set forth the amount, kind, and ratio to total voting securities held, if applicable;

(ii) List all officers and directors of the affiliated interest who are also officers and/or directors of the applicant; and

(iii) State the pecuniary interest of any officer or director in compliance with ORS 757.490(1).

(B) State the reasons, in detail, relied upon by the wastewater utility for entering into the proposed transaction and the benefits, if any, the customers receiving wastewater service and the general public will derive from the transaction.

(2) Required Exhibits. The following exhibits shall be filed as part of the application:

(a) EXHIBIT A. A copy of the applicant’s charter or articles of incorporation with amendments to date;

(b) EXHIBIT B. A copy of the bylaws with amendments to date;

(d) EXHIBIT D. A copy of the mortgage, indenture, or other agreement under which it is proposed to issue the securities, and a copy of any mortgage, indenture, or other agreement securing other funded obligations of the applicant;

(e) EXHIBIT E. Copies of balance sheets showing booked amounts, adjustments to record the proposed transaction and pro forma, with supporting fixed capital or plant schedules in conformity with the form in the annual report which applicant is required to file with the Commission;

(f) EXHIBIT F. A statement of all known contingent liabilities, except minor items such as damage claims and similar items involving relatively small amounts, as of the date of the application;

(g) EXHIBIT G. Copies of comparative income statements showing recorded results of operations, adjustments to record the proposed transaction and pro forma in conformity with the form in the annual report which applicant is required to file with the Commission;

(h) EXHIBIT H. A copy of an analysis of surplus for the period covered by the income statements referred to in Exhibit G;

(i) EXHIBIT I. A copy of the registration statement proper, if any, and financial exhibits made a part thereof, filed with the Securities and Exchange Commission;

(j) EXHIBIT J. A copy of the proposed and of the published invitation of proposals for the purchase of underwriting of the securities to be issued; of each proposal received; and of each contract, underwriting, and other arrangement entered into for the sale or marketing of the securities. When a contract or underwriting is not in final form so as to permit filing, a preliminary draft or a summary identifying parties thereto and setting forth the principal terms thereof, may be filed pending filing of the conformed copy in the form executed by final amendment to the application;

(k) EXHIBIT K. Copies of the stock certificates, notes, or other evidences of indebtedness proposed to be issued;

(l) An application for a wastewater utility to loan its funds to an affiliated interest, shall also include the following:

(A) EXHIBIT L. Copies of all proposed or existing contracts or agreements entered into by the parties to the transaction;

(B) EXHIBIT M. The amount of money the applicant desires to loan to the affiliated interest, terms of said loan, rate of interest, method of repayment, security given, if any, and if said loan is to be an open account or evidenced by a promissory note; and

(m) An application for a wastewater utility to give credit on its books or otherwise by:

(A) Advancing cash through an open or loan account, shall also include the following:

(i) EXHIBIT L. Copies of all proposed or existing contracts or agreements entered into by the parties to the transaction;

(ii) EXHIBIT M. The amount of money the applicant proposes to receive, the rate of interest it will pay, and the date and method of repayment; and

(iii) EXHIBIT N. A definite statement of purpose for which the advance will be used.

(B) Payments by the affiliated interest of amounts owed, shall also include the following:

(i) EXHIBIT L. Copies of all proposed or existing contracts or agreements entered into by the parties to the transaction; and

(ii) EXHIBIT M. The amount of money the affiliated interest proposes to pay on the wastewater utility’s behalf, with a description of the obligation, how the funds will be used, and how incurred.

(C) Credits or open accounts a wastewater utility proposes to give to an affiliated interest, shall also include the following:

(i) EXHIBIT L. Copies of all proposed or existing contracts or agreements entered into by the parties to the transaction; and

(ii) EXHIBIT M. The amount and a description of each item for which the wastewater utility proposes to give credit through its loan or open account.

(3) The following form of application may be filed by all wastewater utilities with annual revenues of less than $100,000 seeking authority to issue promissory notes maturing more than one year after date of issue or renewal and unsecured notes on motor vehicles in the principal amount of less than $10,000. In the instances when this provision is proper, the requirements of sections (1) and (2) of this rule do not apply. The Commission may require compliance with sections (1) and (2) of this rule if the Commission deems it necessary in a particular case. [Form not included. See ED. NOTE.]

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.105, 757.005, 757.061, 757.405 - 757.450 & 757.495
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0525 Applications for Authority to Guarantee Indebtedness

(1) The requirements of this rule apply to wastewater utilities seeking authority under ORS 757.440. Every applicant shall set forth in its application to the Commission, in the manner and form indicated, the following information that should, to the extent possible, be furnished for each person, firm, or corporation involved:

(a) The information required by OAR 860-037-0520(1)(a) to (g) inclusive;

(b) A full description of the securities the applicant proposes to assume obligation or liability as guarantor, endorser, surety, or otherwise;

(d) A statement as to whether or not any application, with respect to the transaction or any part thereof, is required to be filed with any federal or other state regulatory body;

(e) The reasons, in detail, why it is in applicant’s interest to guarantee such securities;

(f) The reasons, in detail, why it is necessary for applicant to guarantee such securities; and

(g) The facts relied upon by the applicant to show the assumption is:

(A) For some lawful object within the applicant’s corporate purposes and compatible with the public interest;

(B) Necessary or appropriate for or consistent with the applicant’s proper performance of service as a wastewater utility;

(D) Reasonably necessary or required for such purposes.

(2) Required Exhibits. The following exhibits shall be filed as part of the application:

(a) EXHIBIT A. A copy of the applicant’s charter or articles of incorporation with amendments to date;

(b) EXHIBIT B. A copy of the bylaws with amendments to date;

(e) EXHIBIT E. Balance sheets with supporting fixed capital or plant schedules in conformity with the form set forth in the annual report the applicant is required to file with the Commission;

(f) EXHIBIT F. A statement of all known contingent liabilities, except minor items such as damage claims and similar items involving relatively small amounts at the date of the application;

(g) EXHIBIT G. Comparative income statements in conformity with the form set forth in the annual report the applicant is required to file with the Commission;

(h) EXHIBIT H. An analysis of surplus for the period covered by the income statements referred to in Exhibit G; and

(i) EXHIBIT I. A statement showing the present market value or other basis of determining the value of the securities to be guaranteed.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.440
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0530 Applications for Approval of Transactions Between Affiliated Interests

(1) Except as provided in section (3) of this rule, the requirements of this rule apply to all wastewater utilities seeking authority under ORS 757.490 and 757.495. An application for financing to an affiliated interest shall be made under OAR 860-037-0520.

(2) Every applicant shall set forth in its application to the Commission, in the manner and form indicated, the following information:

(a) The applicant’s exact name and the address of its principal business office;

(b) The name and address of the person authorized, on the wastewater utility’s behalf, to receive notices, inquiries, and communications regarding the information;

(c) A statement describing the relationship between the wastewater utility and the contracting entity as defined by ORS 757.015 and 757.490;

(d) The amount, kind, and ratio to total voting securities held, if applicable;

(e) A list of all officers and directors of the affiliated interest who are also officers or directors of the applicant;

(f) The pecuniary interest, directly or indirectly, of any officer or director who is a party to the contract;

(h) An estimate of the amount of money the wastewater utility expects to pay annually for the goods or services and the accounts in which the charges are recorded;

(i) The reasons, in detail, relied upon by the wastewater utility for procuring the proposed goods or services from the affiliate and benefits, if any, utility wastewater service customers and the general public will derive from the provision of goods or services;

(j) A description of the procurement process and the reasons, in pertinent detail appropriate to the complexity of the procurement, relied upon by the wastewater utility for procuring the proposed goods or services without a competitive procurement process, if such a process is not used;

(k) Transfer prices in contracts or agreements for the procurement of goods or services under competitive procurement is presumed to be the market value, subject to evaluation of the procurement process;

(l) A copy of the proposed contract or agreement between the wastewater utility and the contracting entity; and

(m) Copies of all resolutions of directors authorizing the proposed transactions and, if stockholders’ approval has been obtained, copies of the resolutions approved by the stockholders.

(3) This rule shall not apply to wastewater utilities seeking to purchase or contracting to purchase, directly or indirectly, from any person or corporation having an affiliated interest as defined in ORS 757.015 or any corporation defined in 757.490(1):

(a) Any service provided under a rate or schedule of rates filed with the Commission under ORS 757.210; or

(b) Any service provided under a rate or schedule of rates that:

(A) Has been filed with an agency charged with the regulation of utilities;

(B) Has been approved as just and reasonable or in compliance with another comparable standard; and

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.005 - 757.495
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0535 Information Required Regarding Wastewater Utility Goods or Services Provided to Affiliated Interests

(1) Except as provided in section (4) of this rule, this rule applies to wastewater utilities seeking to provide, or contracting to provide, directly or indirectly, to any person or corporation having an affiliated interest as defined in ORS 757.015 or any corporation defined in 757.490(1), service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legal, or other services, or entering revenues or credits therefore on its books. This rule does not apply to transactions subject to ORS 757.490 or 757.495 and OAR 860-037-0030.

(2) A wastewater utility’s failure to submit this required information shall not limit the Commission’s authority to recognize or impute revenues to the wastewater utility pursuant to such contract in any rate valuation or other hearing or proceeding.

(3) For transactions provided in section (1) of this rule, every wastewater utility shall submit to the Commission, in the manner and form indicated, the following information:

(a) Its exact name and the address of its principal business office;

(b) The name of the person authorized on the wastewater utility’s behalf to receive notices, inquiries, and communications regarding the information;

(c) A statement describing the relationship between the wastewater utility and the other contracting entity as defined by ORS 757.015 or 757.490;

(d) The pecuniary interest, directly or indirectly, of any officer or director who is a party to the contract;

(f) An estimate of the amount the wastewater utility expects to receive annually for the goods or services and the accounts in which the payments are recorded;

(g) The reasons relied upon by the wastewater utility for providing the proposed goods or services and the benefits, if any, wastewater utility customers and the general public will derive from the provision of goods or services;

(h) A copy of the contract or agreement between the wastewater utility and the contracting entity that is the subject of this filing; and

(i) Copies of all resolutions of directors of the wastewater utility authorizing the proposed transactions and, if approval of the wastewater utility’s stockholders was obtained, copies of the resolutions approved by the stockholders.

(4) This rule shall not apply to wastewater utilities seeking to provide or contracting to provide, directly or indirectly, to any person or corporation having an affiliated interest as defined in ORS 757.015 or any corporation defined in ORS 757.490(1):

(a) Any service provided under a rate or schedule of rates filed with the Commission under ORS 757.210; or

(b) Any service provided under a rate or schedule of rates that:

(A) Has been filed with an agency charged with the regulation of wastewater utilities;

(B) Has been approved as just and reasonable or in compliance with another comparable standard; and

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.005 - 757.490
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 4-2001, f. & cert. ef. 1-24-01
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0540 Timeliness of Applications Made Under OAR 860-037-0530 and Filings Made Under OAR 860-037-0535

An application made under OAR 860-037-0530 and a filing made under 860-037-0535 shall occur no later than 90 days after the execution of the contract giving rise to the application or filing. The contract is deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0545 Applications for Waiver of Requirements Under OARs 860-037-0530 and 860-037-0535

The Commission will not waive the requirements of OAR 860-037-0530 or 860-037-0535 for any transactions exceeding 0.1 percent of the previous calendar year’s Oregon utility operating revenues unless the transaction or transactions can be demonstrated in advance to be fair and reasonable and in the public interest. .

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0547 Allocation of Costs by a Wastewater Utility

(1) As used in this rule:

(a) “Affiliate” means a corporation or person who has an affiliated interest, as defined in ORS 757.015, with a wastewater utility;

(b) “Affiliate transaction” means a transfer of assets, a sale of supplies, or a sale of services between accounts for regulated activities of a wastewater utility and accounts for nonregulated activities of a separate entity that is either an affiliated interest or another company in which the wastewater utility owns a controlling interest. The term also means a transfer of assets, a sale of supplies, or a sale of services between accounts for the regulated and nonregulated activities of a single wastewater utility;

(c) “Asset” means any tangible or intangible property of a wastewater utility or other right, entitlement, business opportunity, or other thing of value to which a wastewater utility holds claim that is recorded or should be recorded as a capital expenditure in the wastewater utility’s financial statements. All wastewater utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered assets, services or supplies;

(d) “Cost” means fully distributed cost, including the wastewater utility’s authorized rate of return and all overheads;

(e) “Fair market value” means the potential sales price that could be obtained by selling an asset in an arm’s-length transaction to a nonaffiliated entity, as determined by commonly accepted valuation principles;

(f) “Market rate” means the lowest price that is available from nonaffiliated suppliers for comparable services or supplies;

(g) “Net book value” means original cost less accumulated depreciation;

(h) “Nonregulated activity” means an activity that is not a regulated activity of the wastewater utility as defined in subsection (1)(i) of this rule;

(i) “Regulated activity” means a Commission regulated activity that is provided by a wastewater utility directly or indirectly relating to the general operations of the wastewater utility such as production, transmission, delivery, or furnishing of water, and the provision of wastewater services to the public inside the boundaries of a city unless the Commission has determined the activity to be exempt from regulation;

(j) “Services” means labor-related activities including, but not limited to advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, and legal. All wastewater utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered assets, services, or supplies; and

(k) “Supplies” means any tangible or intangible property of a wastewater utility or other thing of value to which a wastewater utility holds claim that is recorded or should be recorded as an operating expense in the wastewater utility’s financial statements. All wastewater utility tangible or intangible property, rights, entitlements, business opportunities and things of value should be considered assets, services, or supplies.

(2) For purposes of this rule, regulated and nonregulated activities of a wastewater utility shall be accounted for in accordance with the Uniform System of Accounts for Water Utilities published by the National Association of Regulatory Utility Commissioners as modified by the Commission.

(3) When a wastewater utility is conducting an affiliate interest transaction, as defined in this rule, the wastewater utility must use the following cost allocation methods:

(a) When an asset is transferred to a wastewater utility from an affiliate, the transfer shall be recorded in the wastewater utility's accounts at the lower of net book value or fair market value.

(b) When an asset is transferred from a wastewater utility to an affiliate, the transfer shall be recorded in the wastewater utility's accounts at the tariff rate if an appropriate tariff is on file with the Commission. If no tariff is applicable, proceeds from the transfer shall be recorded in the wastewater utility's accounts at the higher of net book value or fair market value.

(c) When an asset is transferred from a wastewater utility to an affiliate at a fair market value that is greater than net book value, the difference shall be considered a gain to the wastewater utility. The wastewater utility shall record the gain so the Commission can determine the proper disposition of the gain in a subsequent rate proceeding.

(d) When services or supplies are sold by a wastewater utility to an affiliate, sales shall be recorded in the wastewater utility's accounts at tariffed rates if an applicable tariff is on file with the Commission. Tariffed rates shall be established whenever possible. If services or supplies are not sold pursuant to a tariff, sales shall be recorded in the wastewater utility's accounts at the wastewater utility’s cost or the market rate, whichever is higher.

(e) When services or supplies are sold to a wastewater utility by an affiliate, sales shall be recorded in the wastewater utility's accounts at the wastewater utility's cost or the market rate, whichever is lower. The affiliate’s cost shall be calculated using the wastewater utility’s most recently authorized rate of return.

(f) Income taxes shall be calculated for the wastewater utility on a standalone basis for both ratemaking purposes and regulatory reporting. When income taxes are determined on a consolidated basis, the wastewater utility shall record income tax expense as if it were determined for the wastewater utility separately for all time periods.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.490 & 757.495
PUC 7-2004, f. & cert. ef. 4-9-04
PUC 24-2003(Temp), f. & cert. ef. 12-10-03 thru 6-7-04

Or. Admin. R. 860-037-0550 Special Contracts

(1) Wastewater utilities within Oregon entering into special contracts with certain customers prescribing and providing wastewater rates, services, and practices not covered by or permitted in the general tariffs, schedules, and rules filed by such wastewater utilities are in legal effect tariffs and are subject to supervision, regulation, and control as such.

(2) All special contracts designating wastewater service to be furnished at rates other than those shown in tariffs currently on file with the Commission are classified as rate schedules. True and certified copies shall be filed subject to review and approval pursuant to the requirements of OARs 860-037-0405 through 860-037-0445.

(3) Special contracts shall be filed with the Commission at least 30 days prior to the proposed effective date of the contract and are effective according to its terms the 31st day from the date of its filing unless earlier approved, suspended, or rejected by the Commission.

(4) Each special contract filed with the Commission shall be accompanied by documentation necessary to show that the terms are fair, just, and reasonable to the remaining customers, including but not limited to:

(a) A statement summarizing the basis of the terms of the contract and an explanation of the deviation from the tariffs on file;

(b) An explanation of all cost computations involved; and

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.007 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0555 Relating to City Fees, Taxes, and Other Assessments

(1) The aggregate amount of all business or occupation taxes, licenses, franchise or operating permit fees, or other similar exactions imposed upon wastewater utilities by any city in Oregon for engaging in wastewater business within such city or for use and occupancy of city streets and public ways, which does not exceed 3.5 percent, applied to gross revenues as defined herein, shall be allowed as operating expenses of such wastewater utilities for rate-making purposes and shall not be itemized or billed separately.

(2) Except as otherwise provided herein, "gross revenues" means revenues received from utility wastewater service operations less related net uncollectibles. Gross revenues shall not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, sales at wholesale by one utility to another when the wastewater utility purchasing the service is not the ultimate customer.

(3) Permit fees or similar charges for street opening, installations, construction, and the like to the extent such fees or charges are reasonably related to the city’s costs for inspection, supervision, and regulation in exercising its police powers, and the value of any wastewater utility service or use of facilities provided on November 6, 1967, to a city without charge, shall not be considered in computing the percentage levels herein set forth. Any such service may be continued within the same category or type of use. The value of any additional category of wastewater utility service or use of facilities provided after November 6, 1967, to a city without charge shall be considered in computing the percentage levels herein set forth.

(4) This rule shall not affect franchises existing on November 6, 1967, granted by a city. Payments made or value of wastewater service rendered by a wastewater utility under such franchises shall not be itemized or billed separately. When compensation different from the percentage levels in section (1) of this rule is specified in a franchise existing on November 6, 1967, such compensation shall continue to be treated by the affected wastewater utility as an operating expense during the balance of the term of such franchise. Any tax, fee, or other exaction set forth in section (1) of this rule, unilaterally imposed or increased by any city during the unexpired term of a franchise existing on November 6, 1967, and containing a provision for compensation for use and occupancy of streets and public ways, shall be charged pro rata to local users as herein provided.

(5) Except as provided in section (4) of this rule, to the extent any city tax, fee, or other exaction referred to in section (1) of this rule exceeds the percentage levels allowable as operating expenses in section (1) of this rule, such excess amount shall be charged pro rata to wastewater utility service customers within said city and shall be separately stated on the regular billings to such customers.

(6) The percentage levels in section (1) of this rule may be changed if the Commission determines after such notice and hearing, as required by law, that fair and reasonable compensation to a city or all cities should be fixed at a different level or that by law or the particular circumstances involved a different level should be established.

(7) The amount allowed as an operating expense may be described on customers' bills in a manner determined by the wastewater utility.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0560 Relating to Local Government Fees, Taxes, and Other Assessments

(1) If any county in Oregon, other than a city-county, imposes upon a wastewater utility any new taxes or license, franchise, or operating permit fees, or increases any such taxes or fees, the wastewater utility required to pay such taxes or fees shall collect from its wastewater customers within the county imposing such taxes or fees the amount of the taxes or fees, or the proportional share of increase in such taxes or fees. However, if the taxes or fees cover the operations of a wastewater utility in only a portion of a county, then the affected wastewater utility shall recover the amount of the taxes or fees or increase in the amount thereof from wastewater customers in the portion of the county that is subject to the taxes or fees. "Taxes," as used in this rule, means sales, use, net income, gross receipts, payroll, business or occupation taxes, levies, fees, or charges other than ad valorem taxes.

(2) The amount collected from each wastewater service customer pursuant to section (1) of this rule shall be separately stated and identified in all wastewater customer billings.

(3) This rule applies to new or increased taxes imposed on and after December 16, 1971, including new or increased taxes imposed retroactively after that date.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.110
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0565 Accounting for Director’s Fees

Director’s fees paid by a wastewater utility to members of its board of directors, who are also paid as officers of the utility, shall not be recognized as a charge to operating expenses in Oregon.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.110
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0567 Accounting for Contributions in Aid of Construction (CIAC)

(1) CIAC are contributions in any form including, but not limited to, cash, services, or utility plant on a separate schedule. The utility must identify the type of contribution, original cost, and utility plant installation date.

(2) Each wastewater utility must provide an accounting of CIAC upon Commission request, and in its annual reports and rate applications. Each utility shall account for and record CIAC on a separate schedule.

(3) Each wastewater utility must keep a record as described in section (2) of this rule and record CIAC on a separate plant and depreciation schedule.

(4) As of November 1, 2002, CIAC and its resulting depreciation are excluded from wastewater utility ratemaking. CIAC must be separated from utility plant and accounted for and depreciated on a separate schedule outside the ratemaking process.

(5) In cases where previous CIAC depreciation was included in rates and removing it all at once would cause irreparable harm to the wastewater utility, the Commission may systematically remove CIAC from rates over a period of time set forth in a schedule to be approved by the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061
PUC 5-2004, f. & cert. ef. 1-29-04

Or. Admin. R. 860-037-0570 Accounting for Construction Work In Progress (CWIP)

This rule applies to wastewater utilities that provide service inside the boundaries of a city. The Commission may allow into rates the costs of a specific capital improvement project in progress if:

(1) The wastewater utility uses the additional revenues solely for the purpose of completing the capital improvement project;

(2) The wastewater utility demonstrates that its access to capital is limited and it is in the public interest to provide funding for the capitol improvement through rates; and

(3) Such costs are approved through tariffs filed with the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.355 & Ch. 202 & OL 2003
PUC 7-2004, f. & cert. ef. 4-9-04
PUC 24-2003(Temp), f. & cert. ef. 12-10-03 thru 6-7-04

Or. Admin. R. 860-037-0605 Preservation and Destruction of Records

The Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities, April 1974, revised May 1985, published by the National Association of Regulatory Utility Commissioners as applicable for wastewater utility service and operation is hereby adopted as modified and prescribed by the Commission for all wastewater service documents and records, with the following exceptions:

(1) Operations and Maintenance, Records of Auxiliary, and other Operations. Records of operations shall be retained for the same periods as prescribed for similar records pertaining to wastewater utility operations;

(2) Revenue Accounting and Collecting. Contracts and card files or other customer records for wastewater utility service shall be retained for at least one year after the expiration or cancellation of the agreement.

(3) Record Media. Each wastewater utility that provides service in Oregon shall allow the federally required "e-sign" as a form of accepted media.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.105
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0610 Uniform System of Accounts for Wastewater Utilities

The Uniform System of Accounts for Class A Water Utilities, 1996, published by the National Association of Regulatory Utility Commissioners, is hereby adopted as modified and prescribed by the Commission for all wastewater service and operations.

[Publications: Publications referenced are available from the Agency.]

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.005, 757.061, 757.105, 757.120, 757.125 & 757.135
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0625 Annual Reports

On forms approved and provided by the Commission, all wastewater utilities shall submit:

(1) A financial Result of Operations annual report for the immediately preceding year, by April 1.

(2) A report of all affiliated interest, intercompany, and intracompany transactions which occurred during the period from January 1 through December 31 of the immediately preceding year, by June 1.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.105, 757.005, 757.061, 757.120, 757.125 & 757.135
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 8-2001, f. & cert. ef. 3-21-01
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 860-037-0630 Use of Deferred Accounting as it Applies to Wastewater Operations by Wastewater Utilities

(1) Definitions: The following definitions shall be used in this rule:

(a) "Amortization" means the inclusion in rates of an amount that has been deferred under ORS 757.259 and which is designed to eliminate, over time, the balance in an authorized deferred account. Amortization does not include the normal positive and negative fluctuations in a balancing account;

(b) "Deferred Accounting" means the recording in a balance sheet account, with Commission authorization under ORS 757.259, of a current expense or revenue associated with current service for later reflection in rates.

(2) Expiration: Any authorization to use a deferred account expires 12 months from the date the deferral is authorized to begin. If a deferral under ORS 757.259 is reauthorized, the reauthorization expires 12 months from the date the reauthorization becomes effective.

(3) Contents of Application: Application for deferred accounting by a wastewater utility, a ratepayer, or other applicant shall include:

(a) A description of the wastewater utility expense or revenue for which deferred accounting is requested;

(b) The reason(s) deferred accounting is being requested and a reference to the section(s) of ORS 757.259 under which deferral can be authorized;

(c) The account proposed for recording of the amounts to be deferred and the account which would be used for recording the amounts in the absence of approval of deferred accounting;

(d) An estimate of the amounts to be recorded in the deferred account for the 12-month period subsequent to the application; and

(e) A copy of the notice of application for deferred accounting and list of persons served with the notice.

(4) Reauthorization: Application for reauthorization to use a deferred account shall be made not more than 60 days prior to the expiration of the previous authorization for the deferral. Application for reauthorization shall include the requirements set forth in subsections (3)(a) through (3)(e) of this rule and, in addition, the following information:

(a) A description and explanation of the entries in the deferred account to the date of the application for reauthorization; and

(b) The reason(s) for continuation of deferred accounting.

(5) Exceptions: Authorization under ORS 757.259 to use a deferred account is necessary only to add amounts to an account, not to retain an existing account balance and not to amortize amounts which have been entered in an account under an authorization by the Commission. Interest, once authorized to accrue on unamortized balances in an account, may be added to the account without further authorization by the Commission, even though authorization to add other amounts to an account has expired.

(6) Notice of Application: The applicant shall serve a notice of application upon all persons who were parties in the wastewater utility’s last general rate case. If the applicant is other than a wastewater utility, the applicant shall serve a copy of the application upon the affected wastewater utility. A notice of application shall include:

(a) A statement that the applicant has applied to the Commission for authorization to use deferred accounting; or for an order requiring that deferred accounting be used by a wastewater utility;

(b) A description of the wastewater utility expense or revenue for which deferred accounting is requested;

(d) A statement that any person may submit to the Commission written comment on the application by the date set forth in the notice, which date can be no sooner than 25 days from the date of the application; and

(e) A statement that the granting of the application does not authorize a change in rates, but permits the Commission to consider allowing such deferred amounts in rates in a subsequent proceeding.

(7) Public Meetings: Unless otherwise ordered by the Commission, applications for use of deferred accounting will be considered at the Commission’s public meetings.

(8) Reply comments: Within 10 days of the due date for comments on the application from interested persons, the applicant and the wastewater utility, if the wastewater utility is not the applicant, may file reply comments with the Commission. Those comments shall be served on persons who have filed the initial comments on the application.

(9) Amortization: Amortization in rates of a deferred amount shall only be allowed in a proceeding, whether initiated by the wastewater utility or another party. The Commission may authorize amortization of such amounts only for wastewater utility expenses or revenues for which the Commission previously has authorized deferred accounting. Upon request for amortization of a deferred account, the wastewater utility shall provide the Commission with its financial results for a 12-month period or for multiple 12-month periods to allow the Commission to perform an earnings review. The period selected for the earnings review encompasses all or part of the period during which the deferral took place or must be reasonably representative of the period of deferral. Unless authorized by the Commission to do otherwise:

(a) A wastewater utility shall request that amortizations of wastewater deferred accounts commence no later than one year from the date that deferrals cease for that particular account; and

(b) In the case of ongoing balancing accounts, the wastewater utility shall request amortization at least annually, unless amortization of the balancing account is then in effect.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 756.105, 757.005, 757.061 & 757.259
PUC 5-2004, f. & cert. ef. 1-29-04
PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00
PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00

Division 38 DIRECT ACCESS REGULATION

Or. Admin. R. 860-038-0001 Scope and Applicability of Rules

(1) The rules contained in this division apply to electric companies and electricity service suppliers, except that these rules do not apply to an electric company serving fewer than 25,000 consumers in this state unless the electric company:

(a) Offers direct access to any of its retail electricity consumers in this state; or

(b) Offers to sell electricity services available under direct access to more than one retail electricity consumer of another electric company in this state.

(2) Except as otherwise provided in these rules, an electric company must comply with all other divisions of OAR chapter 860.

(3) OAR 860-038-0380, sections (1) through (9), apply to aggregators; section (10) applies to electric companies.

(4) These rules shall not in any way relieve any entity from its duties under Oregon law. Upon request or its own motion, the Commission may waive any of the Division 038 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 11-2002, f. & cert. ef. 3-8-02
PUC 2-2001, f. & cert. ef. 1-5-01
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0005 Definitions for Direct Access Regulation

As used in this Division:

(1) "Above-market costs of new renewable energy resources" means the portion of the net present value cost of producing power (including fixed and operating costs, delivery, overhead, and profit) from a new renewable energy resource that exceeds the market value of an equivalent quantity and distribution (across peak and off-peak periods and seasonality) of power from a nondifferentiated source, with the same term of contract.

(2) "Ancillary services" means those services necessary or incidental to the transmission and delivery of electricity from resources to retail electricity consumers, including but not limited to scheduling, frequency regulation, load shaping, load following, spinning reserves, supplemental reserves, reactive power, voltage control and energy balancing services.

(3) "Competitive operations" means any electric company's activities involving the sale or marketing of electricity services or directly related products in an Oregon retail market. Competitive operations include, but are not limited to, the following:

(a) Energy efficiency audits and programs;

(b) Sales, installation, management, and maintenance of electrical equipment that is used to provide generation, transmission, and distribution related services or enhances the reliability of such services; and

(c) Energy management services, including those services related to electricity metering and billing. Services or products provided by the electric company as part of its electric service to its non-direct access customers within its allocated service territory, or transmission and distribution services to its direct access customers are not competitive operations.

(4) "Default supplier" means an electric company that has a legal obligation to provide electricity services to a consumer, as determined by the Commission.

(5) "Direct access" means the ability of a retail electricity consumer to purchase electricity and certain ancillary services directly from an entity other than the distribution utility.

(6) "Direct service industrial consumer" means an end-user of electricity that obtains electricity directly from the transmission grid and not through a distribution utility.

(7) "Economic utility investment" means all Oregon allocated investments made by an electric company that offers direct access under ORS 757.600 to 757.667, including plants and equipment and contractual or other legal obligations, properly dedicated to generation or conservation, that were prudent at the time the obligations were assumed but the full benefits of which are no longer available to consumers as a direct result of ORS 757.600 to 757.667, absent transition credits. "Economic utility investment" does not include costs or expenses disallowed by the Commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties authorized and imposed under state or federal law.

(8) "Electric company operational information" means information obtained by an electric company as part of its provision of services or products, as long as such products or services are not defined as "competitive operations." Such information includes, but is not limited to, data relating to the interconnection of customers to an electric company's transmission or distribution systems; trade secrets; competitive information relating to internal processes; market analysis reports; market forecasts; and information about an electric company's transmission or distribution system, processes, operations, or plans or strategies for expansion.

(9) "Electricity service supplier" or "ESS" means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. "Electricity service supplier" does not include an electric utility selling electricity to retail electricity consumers in its own service territory. An ESS can also be an aggregator.

(10) "Emergency default service" means a service option provided by an electric company to a nonresidential consumer that requires less than five business days' notice by the consumer or its electricity service supplier.

(11) "Fully distributed cost" means the cost of an electric company good or service calculated in accordance with the procedures set forth in OAR 860-038-0200.

(12) "Functional separation" means separating the costs of the electric company's business functions and recording the results within its accounting records, including allocation of common costs.

(13) "Joint marketing" means the offering (including marketing, promotion, or advertising) of retail electric services by an electric company in conjunction with its competitive operation to consumers either through contact initiated by the electric company, its Oregon affiliate, or through contact initiated by the consumer.

(14) "Large nonresidential consumer" means a nonresidential consumer whose kW demand at any point of delivery is greater than 30 kW during any two months within a prior 13-month period.

(15) "Multi-state electric company" means an electric company that provided regulated retail electric service in a state in addition to Oregon prior to January 1, 2000.

(16) "New" as it refers to energy conservation, market transformation, and low-income weatherization means measures, projects or programs that are installed or implemented after the date direct access is offered by an electric company.

(17) "Non-energy attributes" means the environmental, economic, and social benefits of generation from renewable energy facilities. These attributes are normally transacted in the form of Tradable Renewable Certificates.

(18) "Ongoing valuation" means the process of determining transition costs or benefits for a generation asset by comparing the value of the asset output at projected market prices for a defined period to an estimate of the revenue requirement of the asset for the same time period.

(19) "One-time administrative valuation" means the process of determining the market value of a generation asset over the life of the asset, or a period as established by the Commission, using a process other than divestiture.

(20) "One average megawatt" means 8,760,000 kilowatt-hours (8,784,000 in a leap year) of electricity per twelve consecutive month period.

(21) "Oregon share" means, for a multi-state electric company, an interstate allocation based upon a fixed allocation or method of allocation established in a Resource Plan or, in the case of an electric company that is not a multi-state electric company, 100 percent.

(22) "Non-bypassable Charges" are costs that are directed by the legislature to be recovered by all customers or charges that retail consumers served by electricity service suppliers otherwise may avoid by obtaining electric power through direct access that are determined by the Commission to be appropriate for recovery from all customers.

(23) "Portfolio" means a set of product and pricing options for electricity.

(24) "Portfolio Options Committee" means a group appointed by the Commission, consisting of representatives from Commission Staff, the Oregon Department of Energy, and the following:

(a) Local governments;

(b) Electric companies;

(d) Public or regional interest groups; and

(e) Small nonresidential consumers.

(25) "Preferential Curtailment" refers to the electric company's obligation to curtail eligible direct access consumers that return to the electric company service without providing the electric company with the full period of notice required by the electric company's direct access program tariff. The electric company must curtail such consumers as necessary to protect cost-of-service customers from the impacts of the returning consumer's unplanned load.

(26) "Proprietary consumer information" means any information compiled by an electric company on a consumer in the normal course of providing electric service that makes possible the identification of any individual consumer by matching such information with the consumer's name, address, account number, type or classification of service, historical electricity usage, expected patterns of use, types of facilities used in providing service, individual contract terms and conditions, price, current charges, billing records, or any other information that the consumer has expressly requested not be disclosed. Information that is redacted or organized in such a way as to make it impossible to identify the consumer to whom the information relates does not constitute proprietary consumer information.

(27) "Qualifying expenditures" means those expenditures for energy conservation measures that have a simple payback period of not less than one year and not more than 10 years and expenditures for the above-market costs of new renewable energy resources, provided that the Oregon Department of Energy may establish by rule a limit on the maximum above-market cost for renewable energy that is allowed as a credit.

(28) "Registered dispute" means an unresolved issue affecting a retail electricity consumer, an ESS, or an electric company that is under investigation by the Commission's Consumer Services Section but is not the subject of a formal complaint.

(29) "Renewable energy resources" means:

(a) Electricity-generation facilities fueled by wind, waste, solar or geothermal power, or by low-emission nontoxic biomass based on solid organic fuels from wood, forest, and field residues;

(b) Dedicated energy crops available on a renewable basis;

(d) Hydroelectric facilities located outside protected areas as defined by federal law in effect on July 23, 1999.

(30) "Residential consumer" means a retail electricity consumer that resides at a dwelling primarily used for residential purposes. "Residential consumer" does not include retail electricity consumers in a dwelling typically used for residency periods of less than 30 days, including hotels, motels, camps, lodges, and clubs. As used in this section, "dwelling" includes but is not limited to single-family dwellings, separately metered apartments, adult foster homes, manufactured dwellings, recreational vehicles, and floating homes.

(31) "Retail electricity consumer" means the end user of electricity for specific purposes such as heating, lighting, or operating equipment and includes all end users of electricity served through the distribution system of an electric utility on or after July 23, 1999, whether or not each end user purchases the electricity from the electric utility. For purposes of this definition, a new retail electricity consumer means a retail electricity consumer that is unaffiliated with the retail electricity consumer previously served after March 1, 2002, at the site.

(32) "Self-directing consumer" means a retail electricity consumer that has used more than one average megawatt of electricity at any one site in the prior calendar year or an aluminum plant that averages more than 100 average megawatts of electricity use in the prior calendar year, that has received final certification from the Oregon Department of Energy for expenditures for new energy conservation or new renewable energy resources and that has notified the electric company that it will pay the public purpose charge, net of credits, directly to the electric company in accordance with the terms of the electric company's tariff regarding public purpose credits.

(33) "Site" means:

(a) Buildings and related structures that are interconnected by facilities owned by a single retail electricity consumer and that are served through a single electric meter; or

(b) A single contiguous area of land containing buildings or other structures that are separated by not more than 1,000 feet, such that:

(A) Each building or structure included in the site is no more than 1,000 feet from at least one other building or structure in the site;

(B) Buildings and structures in the site, and land containing and connecting buildings and structures in the site, are owned by a single retail electricity consumer who is billed for electricity use at the buildings and structures; and

(C) Land shall be considered to be contiguous even if there is an intervening public or railroad right of way, provided that rights of way land on which municipal infrastructure facilities exist (such as street lighting, sewerage transmission, and roadway controls) shall not be considered contiguous.

(34) "Structural separation" means separating the electric company's assets by transferring assets to an affiliated interest of the electric company.

(35) "Total transition amount" means the sum of an electric company's transition costs and transition benefits.

(36) "Traditional allocation methods" means, in respect to a multi-state electric company, inter-jurisdictional cost and revenue allocation methods relied upon in such electric company's last Oregon rate proceeding completed prior to December 31, 2000.

(37) "Transition benefits" means the value of the below-market costs of an economic utility investment.

(38) "Transition charge" means a charge or fee that recovers all or a portion of an uneconomic utility investment.

(39) "Transition costs" means the value of the above-market costs of an uneconomic utility investment.

(40) "Transition credit" means a credit that returns to consumers all or a portion of the benefits from an economic utility investment.

(41) "Unbundling" means the process of assigning and allocating a utility's costs into functional categories.

(42) "Uncommitted Supply" is generation reasonably available to the electric company in the market or through the electric company's own resources. Uncommitted Supply excludes any generation needed to meet the electric company's firm load service obligations, anticipated near-term load obligations, contractual obligations, and federal reliability standards.

(43) "Uneconomic Cost of Implementing a Public Policy Goal" means the difference between the cost of implementing the public policy goal and the regulated costs that are avoided as a result of implementing the public policy goal.

(44) "Uneconomic utility investment" means all Oregon allocated investments made by an electric company that offers direct access under ORS 757.600 to 757.667, including plants and equipment and contractual or other legal obligations, properly dedicated to generation, conservation and work-force commitments, that were prudent at the time the obligations were assumed but the full costs of which are no longer recoverable as a direct result of ORS 757.600 to 757.667, absent transition charges. "Uneconomic utility investment" does not include costs or expenses disallowed by the Commission in a prudence review or other proceeding, to the extent of such disallowance and does not include fines or penalties as authorized by state or federal law.

(45) “Unspecified Market Purchase Mix” means the mix of all power generation within the state or other region less all specific purchases from generation facilities in the state or region, as determined by the Oregon Department of Energy.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.600 - 757.667
PUC 9-2023, amend filed 09/15/2023, effective 09/15/2023
PUC 3-2014, f. & cert. ef. 3-7-14
PUC 13-2007, f. & cert. ef. 12-31-07
PUC 6-2006, f. & cert. ef. 5-11-06
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 13-2004, f. & cert. ef. 8-31-04
PUC 18-2002, f. & cert. ef. 10-17-02
PUC 11-2002, f. & cert. ef. 3-8-02
PUC 5-2002, f. & cert. ef. 2-8-02
PUC 23-2001, f. & cert. ef. 10-1-01
PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-02
PUC 2-2001, f. & cert. ef. 1-5-01
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0080 Resource Policies and Plans

(1) The Commission adopts the following policies with respect to the Oregon share of generating resources (generating assets and power purchase contracts with a duration of at least one year) of each electric company:

(a) At such time as the Resource Plan is implemented and fully executed, each electric company will retain in its Oregon revenue requirement costs associated with a level of generating resources that is not greater than that necessary to meet the current and reasonably expected future loads of its Oregon cost-of-service consumers. In determining whether an electric company has excess generating resources, the Commission will consider the projected useful lives and mix of fuels of the electric company's generating resources. To encourage the development of a competitive retail energy market, it is the policy of the Commission to release to the competitive market generating resources in excess of such reasonably expected future loads. It is also the policy of the Commission to determine a one-time valuation for the share of an electric company's generating resources attributable to Oregon consumers who are not cost-of-service consumers;

(b) The Commission will not require an electric company to acquire new generating resources except as provided in ORS 757.663.

(c) Major capital improvements to existing generating resources will continue to be, and new generating resources will be, subject to least cost planning processes and analyses and the Oregon share of their prudently-incurred costs will be included in an electric company's Oregon revenue requirement, which for a multi-state electric company shall be consistent with Commission decisions pursuant to subsection (3)(a)(G) of this rule.

(d) The Oregon share of the costs of each generating resource may be either completely in, completely out, or "mixed" with respect to inclusion in an electric company's Oregon revenue requirement. The Commission will permit mixed status unless it finds that mixed status will:

(A) Reduce the generating resource's operating efficiency;

(B) Harm the development of a competitive market; and

(e) For a multi-state electric company for which the Commission adopts a fixed-allocated Oregon share amount, and a Resource Plan is implemented, such generating allocation amount will be used for developing cost-of-service rates, transition charges and credits, and Operations and Maintenance allocations as well as other allocations that use generation-based factors.

(2) For purposes of this rule and OARs 860-038-0100 and 860-038-0140, a class's share of the total Oregon share of a generating resource will equal the ratio of the class's total Oregon retail load measured in weather-normalized kilowatt-hour sales to total Oregon retail load measured in weather-normalized kilowatt-hour sales for a 12 month period as determined by the Commission. Loads will be adjusted to remove the effects of demand exchange programs that were in effect during the 12 month period. To the extent such shares are not known as of the time period established by the Commission, the electric company will use estimates until relevant data are available.

(3) By a date to be determined by the Commission, each electric company must file with the Commission a resource plan that meets the following requirements:

(a) Information. The resource plan must include the following information:

(A) Consistent with paragraph subsection (3)(a)(G) of this rule, the amount of capacity and energy and the availability of each generating resource that is attributable to the share of the electric company's load from cost-of-service consumers, and the amount that is attributable to the share of the electric company's load from consumers not eligible for a cost-of-service rate;

(B) A forecast of the revenue requirements associated with each generating resource over both its projected remaining useful life and economic life, with sensitivities for major assumptions, and identification of deferred taxes, excess deferred taxes, FASB 109 assets, and any investment tax credits associated with each generating resource;

(C) The other characteristics of the generating resource that could affect its value including but not limited to its capability to provide or support ancillary services, the value of its site and environmental or operating permits, and any environmental issues associated with it;

(D) A forecast of future market prices for electricity, including forecasts of major fuel inputs and sensitivity analyses;

(E) A forecast of loads of the electric company's Oregon cost-of-service consumers covering at least the period of the longest-lived generating resource;

(F) The estimated fair market value of the Oregon share of each generating resource; and

(G) For a multi-state electric company, how the electric company proposes to allocate a share of its generating resources to Oregon. The multi-state electric company must also propose a fixed Oregon-allocated generating resource share based on the following factors:

(i) A forecasted allocation of each generating resource for a 12 month period as determined by the Commission, using traditional allocation methods recognized by the Commission;

(ii) The projected potential changes in Oregon share, due to alternative inter-jurisdictional allocation methods, over the life of each resource absent implementation of these rules; and

(iii) The change in risk borne by parties by fixing the Oregon share of generating resource.

(b) Recommended Valuation Methodology. The resource plan must identify, for each generating resource, or portion thereof if the resource meets the criteria for mixed status, whether the Oregon share of each generating resource should be:

(A) Retained in the electric company's Oregon revenue requirement for the purpose of serving Oregon cost-of-service consumers and administratively valued through a process to be specified by rule;

(B) Sold through the auction process specified in OAR 860-038-0100, and if so:

(i) The general terms and conditions that should apply to the sale, including but not limited to, a prototype purchase and sale agreement; and

(ii) Any sales incentives that the electric company proposes to apply to Oregon nonresidential consumers for the Oregon nonresidential consumers' share of the generating resource. Such incentives may be structured to encourage the electric company to follow the recommended timeline provided under subsection (3)(d) of this rule; or

(C) Removed from the electric company's Oregon revenue requirement and administratively valued through a process to be specified by rule, and if so, any incentive to apply to Oregon nonresidential consumers for removing the nonresidential consumers' share of the generating resource from revenue requirement. Such incentives may be structured to encourage the electric company to follow the recommended timeline provided under subsection (3)(d) of this rule.

(c) Results of the Resource Plan. The resource plan must identify the impacts of implementing it, including the following:

(A) The approximate load/resource balance, and the availability of each generating resource based on the electric company's current and forecasted load for Oregon cost-of-service consumers;

(B) The estimated rates to each Oregon customer class that will result from implementation of the resource plan, including:

(i) The amount of estimated transition charges and credits;

(ii) A comparison to the current effective rates of the electric company as of the date of filing; and

(iii) An estimate of the cost-of-service rates for cost-of-service consumers 10 years after implementation of the resource plan.

(i) Facilitates a fully competitive market;

(ii) Provides consumers fair, non-discriminatory access to competitive markets; and

(iii) Retains the benefits of low-cost resources for consumers.

(D) Any other implications of the resource plan that could help inform the Commissioners in their decision.

(d) Process. The electric company must develop the resource plan in a public process designed to inform and solicit input from Commission staff, representatives of Oregon residential, small nonresidential and large nonresidential consumers, and other interested parties.

(4) The Commission must consider the electric company's recommended resource plan in a contested case proceeding. The Commission's order must identify those resources that, at the option of the electric company, may be auctioned immediately, before any Commission decision to waive the requirements for a cost-of-service rate for any consumers under ORS 757.603(1)(b) and before final administrative valuation of other resources and potential modification of the electric company's Resource Plan. The Commission's order must also approve, modify, or reject the resource plan.

(a) If the Commission modifies the resource plan, the electric company will have 30 days from the date of the Commission's order to accept or reject the modifications. If the electric company rejects the Commission's modifications, the electric company must file a second recommended resource plan within 60 days of the date of rejection;

(b) If the Commission rejects the resource plan, the order rejecting the plan must specifically describe the deficiencies in the resource plan. In that event, the electric company must file a second recommended resource plan within 60 days of the order rejecting the original plan;

(c) If the Commission modifies the second recommended resource plan, the electric company will have 30 days from the date of the order to accept or reject the modifications. If the electric company rejects the Commission's modifications, future attempts at reaching a resource plan may be initiated by either the electric company or the Commission. The timelines outlined in subsection (4)(a) of this rule shall apply once a new resource plan is submitted or modifications to a former plan are suggested.

(5) A resource plan that has been recommended by the electric company and approved by the Commission, or modified by the Commission and accepted by the electric company, is referred to in these rules as a "Resource Plan." The Resource Plan may encompass one plan or a set of plan options corresponding to different assumptions about consumer eligibility for cost-of-service rates. The electric company must implement the Resource Plan consistent with OAR 860-038-0100 and a process for administrative valuation to be specified by rule. The ongoing valuation method, as described in 860-038-0140, will be used to establish transition charges and credits for resources that have not been sold or administratively valued.

(6) For a multi-state electric company, pending the implementation of a Resource Plan and establishing final values for generating resources in accordance with these rules, the following will guide developing rates for Oregon consumers of the electric company for the period March 1, 2002, through December 31, 2003:

(a) Cost-of-service rates will be based upon traditional allocation methods;

(b) Transition charges or credits shall not include assumed costs and revenues of the portion of generating resources not needed to serve Oregon loads associated with residential and small nonresidential consumers choosing portfolio access, small nonresidential consumers choosing direct access or standard offer rate options, and large nonresidential consumers when, and to the extent, the costs and revenues of the generating resources that are not needed are recognized and included in the electric company's revenue requirement in another state, less the costs and revenues of such generating resources which have been included in the electric company's revenue requirement by another state prior to October 1, 2001; and

(c) Beginning January 1, 2004, transition charges and transition credits will be calculated without regard to subsection (7)(b) of this rule.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 3-2011, f. & cert. ef. 6-17-11
PUC 18-2002, f. & cert. ef. 10-17-02
PUC 24-2001, f. 10-25-01, cert. ef. 10-31-01
PUC 20-2001, f. 8-1-01, cert. ef. 8-4-01
PUC 14-2001, f. & cert. ef. 5-25-01
PUC 12-2001(Temp), f. & cert. ef. 5-4-01 thru 10-30-01
PUC 6-2001(Temp), f. & cert. ef. 3-1-01 thru 8-27-01
PUC 5-2001(Temp), f. & cert. ef. 2-6-01 thru 8-4-01
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0100 Auction Process

(1) Each electric company must follow the process provided in sections (2) and (3) of this rule for all generating resources, or portions thereof, that it intends to sell pursuant to the Resource Plan, unless it presents to the Commission, and the Commission approves, an alternative process.

(2) The auction process will be the process adopted by the Commission in Order No. 99-765, except that affiliates of the electric company may participate in the auction as eligible buyers, in which case the auction will be subject to such requirements to assure independent decision making as the Commission may determine.

(3) Unless otherwise provided in the Resource Plan, the electric company shall not begin its auction process until the Commission issues a final order valuing all of the electric company’s Oregon share of generating resources pursuant to a process to be established by rule.

(4) Notwithstanding section (3) of this rule, the electric company may, at its option, immediately auction all or a portion of generating resources identified by the Commission as exempt from section (3) of this rule. Any such auction will be subject to ORS 757.480 and OAR 860-027-0025.

(5) The electric company shall recover through the transition balancing account the costs of an auction process, including but not limited to the reasonable costs of investment bankers and other advisors.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0140 Ongoing Valuation

(1) An electric company may use an ongoing valuation method to determine the transition costs or transition credits applicable to Oregon cost-of-service consumers until otherwise directed by the Commission. Except in the circumstances set forth in OAR 860-038-0080(5) and (6), an electric company will use an ongoing valuation method to determine the transition charges or transition credits applicable to Oregon cost-of-service consumers.

(2) Each electric company will propose one or more ongoing valuation methods in the rate filings. Each method must, at a minimum, address:

(a) How and over what period the electric company proposes to establish the fixed costs of included generating resources;

(b) How and over what period the electric company proposes to establish the variable costs of included generating resources;

(c) How and over what period the electric company proposes to establish the availability and output of included generating resources;

(d) How and over what period the electric company proposes to establish the market value of the output of included generating resources; and

(e) How and when revisions should be made in the method.

(3) An electric company may propose to include in its tariffs expedited procedures, which shall include an opportunity for public comment, for determining the costs and value of an electric company's generating resources for purposes of determining transition charges and credits applicable under this rule.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 18-2002, f. & cert. ef. 10-17-02
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0160 Transition Costs and Credits

(1) Except as provided for in OAR 860-038-0080(6), each Oregon retail electricity consumer of an electric company will receive a transition credit or pay a transition charge equal to 100 percent of the net value of the Oregon share of all economic utility investments and all uneconomic utility investments of the electric company as determined pursuant to an auction, an administrative valuation, or an ongoing valuation. The transition charge or credit applicable to a retail electricity consumer may change to reflect the duration of the service option chosen by the consumer but will not change based on the supplier of the electricity services chosen by the consumer.

(2) Once a Resource Plan is implemented, the Oregon cost-of-service consumers of an electric company will bear the entire revenue requirement of generating resources, or portions thereof, retained in that electric company’s Oregon revenue requirement for the purpose of serving those Oregon consumers. In addition, the electric company will:

(a) Collect from its Oregon cost-of-service consumers the funds necessary to provide any transition credits related to such resources to its other Oregon consumers exclusive of incentive payments; or

(b) Credit to its Oregon cost-of-service consumers the funds received from any transition charges related to such resources from its other Oregon consumers exclusive of incentive payments.

(3) For purposes of determining transition costs and transition credits:

(a) The value of generating resources determined through an auction conducted pursuant to OAR 860-038-0100 will equal the proceeds of such auction, less any reasonable costs of sale and any tax effects of the sale;

(b) The value applicable to Oregon nonresidential consumers will be reduced for any incentives provided under the Resource Plan;

(c) The net value of generating resources determined through an auction conducted pursuant to OAR 860-038-0100 will equal the Oregon residential and nonresidential respective values of generating resources minus the book value as recorded for regulatory purposes;

(d) The value of generating resources determined through an administrative valuation conducted pursuant to a process to be specified by rule will equal the final valuation inclusive of any tax effects less allowed appraisal costs. The treatment of the tax effects of a potential future sale of an administratively valued asset will be addressed in a future rulemaking;

(e) The value applicable to Oregon nonresidential consumers will be reduced for any incentives provided under the Resource Plan; and

(f) The net value of generating resources determined through an administrative valuation conducted pursuant to a process to be specified by rule will equal the Oregon residential and nonresidential respective values of generating resources minus the book value as recorded for regulatory purposes.

(4) For the Oregon share of:

(a) Economic and uneconomic investments that are not resources;

(b) Other regulatory assets;

(d) Retired or abandoned plant for which the Commission established cost recovery before July 23, 1999, transition costs or benefits will be allocated 100 percent to Oregon retail electricity consumers.

(5) Each electric company must maintain records to properly record and amortize transition costs and transition credits using a transition balancing account. Any unamortized balance in the transition balancing account will accrue interest at the electric company’s Oregon authorized cost of capital.

(6) The transition costs or transition benefits allocated to a customer class for a specific time period will be charged or credited to Oregon retail electricity consumers on a weather normalized equal cents per kilowatt-hour basis adjusted for losses. To the extent weather-normalized kilowatt-hour sales are not known, as of March 1, 2002, estimates will be used until relevant data are available.

(7) The Commission will determine the period of payment or recovery of transition costs or transition credits, provided such period will not exceed 10 years.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 18-2002, f. & cert. ef. 10-17-02
PUC 11-2002, f. & cert. ef. 3-8-02
PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-02
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0170 Non-bypassable Charges

(1) In determining whether a cost is appropriate for recovery as a non-bypassable charge, the Commission shall consider the following factors:

(a) whether it is required by statute:

(b) whether it is an uneconomic cost of implementing a public policy goal such as those identified in ORS 469A.465 or similar public policy goals related to reliability, equity, decarbonization, resiliency or other public interest for which retail consumers served by electricity service suppliers otherwise would not meaningfully contribute:

(d) whether it is in the public interest:

(e) whether it is necessary to be non-bypassable under the Commission's discretion in order to establish fair. just, and reasonable rates and prevent unwarranted cost shifting.

(2) All retail electricity consumers served by Direct Access are responsible for paying Non-bypassable Charges as determined by the Commission.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.600 - 757.667
PUC 9-2023, adopt filed 09/15/2023, effective 09/15/2023

Or. Admin. R. 860-038-0200 Unbundling

(1) This rule is designed to ensure compliance with ORS 757.642 by directing electric companies to separately identify their embedded costs on a function-by-function basis. The electric company must unbundle its costs in a manner that facilitates the development of rates described in OARs 860-038-0220 to 860-038-0280. The electric company must unbundle costs associated with functions that a retail electricity consumer may self-supply or purchase from an entity other than the electric company. The calculation of unbundled rates is beyond the scope of this rule.

(2) Each electric company must separately identify its costs of each of the following functions:

(a) Generation;

(b) Transmission services;

(d) Ancillary services;

(e) Consumer services:

(A) Billing services;

(B) Metering services; and

(f) Retail services, examples of which are listed in section (3) of this rule;

(g) Investment in public purposes; and

(h) Any other function the Commission deems appropriate.

(3) Examples of Retail Services include but are not limited to the marketing, sale, design, construction, installation or retrofitting, financing, operation and maintenance, warranty and repair of or consulting with respect to:

(a) Energy consuming equipment located on the consumer’s premises;

(b) Provision of technical assistance relating to any customer-premises process or device that consumes electricity, including energy audits;

(c) Transformation equipment, power-generation equipment, and related services located on the consumer’s premises that are not owned by the electric company;

(d) Building or facility design and related engineering services, including building shell construction, renovation or improvement, or analysis and design of energy-related industrial processes;

(e) Facilities operations and management; and

(f) Other activities identified by the Commission.

(4) Each electric company must separately identify costs as direct or indirect for each function. Costs must be directly assigned where information is available. To the extent possible, all costs must be assigned to the functions based on cost causation. Common costs and taxes allocated to each of these functions must be separately identified. A return on investment must be calculated and stated separately for each function.

(5) Each electric company must file its functionally unbundled costs with its general rate filings and results of operations reports filed with the Commission. The electric company filing must clearly identify the allocation factor(s) used to functionalize each rate base, expense, and revenue item. All allocation and functionalization procedures adopted by the Commission for an electric company must be used in subsequent filings until expressly modified by the Commission.

(6) Each electric company must make an initial filing complying with the rules in this Division by October 1, 2000. This filing shall use the financial results for a test year that encompasses all or part of the 12-month period beginning October 1, 2001.

(7) Each electric company must use the allocators and cost functionalization procedures set forth in section (9) of this rule to functionally unbundle its respective costs. If an electric company proposes to assign, allocate, or reclassify costs using cost functionalization procedures that differ from those contained herein, the electric company must include in its filing, testimony that:

(a) Supports the allocation factors and procedures the electric company proposes to use to unbundle its costs;

(b) Justifies the deviation from the cost functionalization procedures; and

(c) Presents the results of the allocation factors and procedures set forth in this rule and the results of the alternative factors and procedures that are proposed.

(8) The cost allocation factors in section (7) of this rule are subject to Commission review and approval.

(9) Costs must be directly assigned to the functions identified in section (2) of this rule where information is available. The allocation procedures presented below are to be used to functionalize those costs that cannot otherwise be charged directly to the appropriate function.

(a) Rate Base:

(A) Intangible Plant (FERC Accounts 301-303) must be directly assigned where possible. The remainder of the costs must be allocated to the appropriate functions using the O&M Labor allocator;

(B) Generation Plant (FERC Accounts 310-346) must be directly assigned to the Generation function, except that some costs may need to be reclassified;

(C) Transmission Plant (FERC Accounts 350-359) must be directly assigned to the Transmission function, except that some costs may need to be reclassified. Transmission Plant is defined as both transmission lines and transmission substation equipment operating at voltages of at least 46 kilovolts, as well as transmission facilities and transmission substation equipment operating at voltages of at least 34.5 kilovolts if such facilities terminate within enclosed substations;

(D) Distribution Plant (FERC Accounts 360-373) must be directly assigned to the Distribution function, except that some costs may need to be reclassified;

(E) General Plant (FERC Accounts 389-399) must be directly assigned where possible. The remainder of the costs must be allocated to the appropriate functions using the O&M Labor allocator;

(F) Accumulated Depreciation must be functionalized in the same manner as the respective Plant accounts; and

(G) Each electric company must review its other rate base items and where possible directly assign the costs to the appropriate function. The remaining costs must be allocated to the appropriate functions using general allocators to be determined in each company’s filing;

(b) Operation and Maintenance (O&M) Expense:

(A) Production O&M Expense (FERC Accounts 500-557) must be directly assigned to the Generation function, except that some costs may need to be reclassified;

(B) Transmission O&M Expense (FERC Accounts 560-574) must be directly assigned to the Transmission function, except that some costs may need to be reclassified;

(C) Distribution O&M Expense (FERC Accounts 580-598) must be directly assigned to the Distribution function, except that some costs may need to be reclassified;

(D) Customer Accounts O&M Expense (FERC Accounts 901-905) must be directly assigned where possible. The remainder of the costs must be allocated to the appropriate functions using general allocators to be determined in each company’s filing, except for FERC Account 904, Uncollectible Accounts, which must be allocated using a Total Revenue Requirement allocator;

(E) Customer Service and Information O&M Expense (FERC Accounts 906-910) must be directly assigned where possible. The remainder of the costs must be allocated to the appropriate functions using general allocators to be determined in each company’s filing;

(F) Sales O&M Expense (FERC Accounts 911-917) must be allocated exclusively to functions determined to be competitive by the Commission; and

(G) Administrative and General O&M Expense (FERC Accounts 920-935) must be allocated to the appropriate functions using the O&M Labor allocator; and

(A) Amortization and Depreciation Expenses must be functionalized in the same manner as the respective Plant accounts; and

(B) All taxes must be identified as Federal, State, or Local Taxes;

(i) Taxes other than income taxes must be allocated in the following manner:

(I) Ad Valorem Taxes: Net Plant in Service;

(II) Payroll Taxes: Labor;

(III) Revenue Related Taxes: Total Revenue Requirement; and

(IV) Franchise Fees & Privilege Taxes: Distribution function; and

(ii) Income Tax Expenses must be calculated for each of the functions identified in section (2) of this rule; and

(d) Revenues: In a rate filing, required revenues must be calculated for each unbundling category using the traditional revenue requirement calculation methodology (recovery of costs plus a return on investment). For reporting purposes, revenues must be assigned to the appropriate category per the underlying tariff for which they were collected. Common revenues that cannot be directly assigned must be functionalized using the Net Plant allocation factor.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0220 Portfolio Options

(1) An electric company must provide each residential consumer who is connected to its distribution system with a portfolio of product and pricing options. An eligible customer may enroll in or exit renewable resource options at any time, subject to any switching fees approved by the Commission under subsection (8)(e) of this rule. The minimum term for customers enrolling in a market-based option is 12 months. Portfolio options will not be offered to large nonresidential consumers.

(2) Sections (3) through (8) of this rule apply to residential portfolio product and pricing options.

(3) By July 1 of each year, the Portfolio Options Committee will recommend portfolio options to the Commission that will be effective January 1 of the following year. Each recommended portfolio option shall specify a service period from 12 months to 36 months. The Commission is not bound by the recommendations of the Portfolio Options Committee.

(4) The portfolio must include at least one product and rate that reflects renewable energy resources and one market-based rate. The Portfolio Options Committee will recommend the resource content of each renewable energy resource product. At least one renewable energy resource product will contain "significant new" resources. The Portfolio Options Committee will recommend a definition of "significant" based on an evaluation of resource availability, resource cost, and other factors. The portfolio options may include options for the collection of funds for future renewable resource purchases or collection of funds for energy related environmental mitigation measures such as salmon recovery.

(5) Each electric company is responsible for administering the options, including but not limited to marketing and billing.

(6) Each electric company must acquire the renewable supply resources necessary to provide the renewable energy resources product through a Commission-approved bidding process or other Commission-approved means. Each electric company may acquire the resources necessary to provide the other product and pricing options at its discretion.

(7) Four months prior to the implementation of the portfolio product and pricing options an electric company must file tariffs for its portfolio options.

(8) This section applies to residential and small nonresidential product and pricing options. An electric company must develop portfolio rates as follows:

(a) The portfolio rates must be based on the unbundled costs identified through the application of OAR 860-038-0200;

(b) The portfolio rates for any class of customer must be based on the unbundled costs to serve that class;

(c) The portfolio rates must include any additional electric company costs that are incurred when a consumer chooses to be served under the portfolio rate option;

(d) The portfolio rates must exclude electric company costs that are avoided when a consumer chooses to be served under the portfolio rate option;

(e) An electric company may impose nonrecurring charges to recover the administrative costs of changing suppliers or rate options; and

(f) Rates must be established so that costs associated with the development or offering of rate options are assigned to the retail electricity consumers eligible to choose such rate options.

(9) This section applies to small nonresidential portfolio product and pricing options. The Portfolio Options Committee will recommend portfolio product and pricing options, if any, to the Commission for approval. The electric company must implement small nonresidential portfolio product and pricing options adopted by the Commission.

(10) By March 31 for the prior calendar year, an electric company must acquire or issue renewable energy certificates in an amount at least equal to the electric company’s sales of renewable energy certificates to residential and small nonresidential consumers for each renewable resource option.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 7-2009, f. & cert. ef. 6-25-09
PUC 13-2004, f. & cert. ef. 8-31-04
PUC 11-2002, f. & cert. ef. 3-8-02
PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-02
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0240 Cost-of-Service Rate

(1) After March 1, 2002, an electric company must provide a cost-of-service rate option to cost-of-service consumers. Only one cost-of-service rate option may be offered by schedule to each class of consumers.

(2) Unless a new residential or small nonresidential consumer elects otherwise, the electric company will serve the consumer under the cost-of-service option.

(3) An electric company must develop cost-of-service rates as follows:

(a) The cost-of service rates must be based on the unbundled costs identified through the application of OAR 860-038-0200;

(b) The cost-of-service rates for any class of consumer must be based on the unbundled costs to serve that class;

(c) The cost-of-service rates must include any additional electric company costs that are incurred when a consumer chooses to be served under the cost-of-service rate option;

(d) The cost-of-service rates must exclude electric company costs that are avoided when a consumer chooses to be served under the cost-of-service rate option;

(e) An electric company may impose nonrecurring charges to recover the administrative costs of changing suppliers or rate options; and

(f) Rates must be established so that costs associated with the development or offering of rate options are assigned to the retail electricity consumers eligible to choose such rate options.

(4) An electric company must separately state in its tariffs transition charges or credits and the rates associated with the revenue requirement of retained resources and purchases assigned to residential and small nonresidential consumers.

(5) An electric company must separately identify in its tariffs other credits or charges such as the credit associated with power supply contracts with the Bonneville Power Administration.

(6) The electric company must design its cost-of-service rate for nonresidential consumers and one-time charges associated with returning to a cost-of-service rate so that residential consumers served under a cost-of-service rate are not assigned costs associated with other classes of consumers switching between direct access or standard offer and the cost-of-service rate. The electric company may limit switching through enrollment periods or by requiring minimum terms of service.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 18-2002, f. & cert. ef. 10-17-02
PUC 11-2002, f. & cert. ef. 3-8-02
PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-02
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0250 Nonresidential Standard Offer

(1) By March 1, 2002, each electric company shall provide one or more standard offer rate options to large nonresidential retail electricity consumers and one or more standard offer rate options to small nonresidential consumers. Each electric company must designate one of the standard offers available to each customer class as the non-emergency default supply option.

(2) An electric company must develop the standard offer rate as follows:

(a) A standard offer rate option shall be a tariff approved by the Commission, which is priced based on supply purchases made on a competitive basis from the wholesale market plus the transition credit or transition charge, if any, and all other unbundled costs of providing standard offer service. A standard offer rate must reflect the full costs of providing standard offer service;

(b) The standard offer rates for any class of customer must be based on the unbundled costs to serve that class;

(c) The standard offer rates must include any additional electric company costs that are incurred when a consumer chooses to be served under the standard offer rate option;

(d) The standard offer rates must exclude electric company costs that are avoided when a consumer chooses to be served under the standard offer rate option;

(e) An electric company may impose nonrecurring charges to recover the administrative costs of changing suppliers or rate options; and

(f) Rates must be established so that costs associated with the development or offering of rate options are assigned to the retail electricity consumers eligible to choose such rate options.

(g) An electric company may offer a cost-of-service rate to large nonresidential consumers in lieu of a one-year standard offer rate option.

(3) Nonresidential cost-of-service consumers who do not choose direct access or a specific standard offer service will be served under the cost-of-service rate until they choose another service option. Large nonresidential consumers who are not cost-of-service consumers will be served under the non-emergency default supply option unless they elect direct access or a different standard offer service.

(4) An electric company must, for nonresidential consumers, identify any applicable transition charges or credits.

(5) An electric company must separately identify other credits or charges such as the credit associated with power supply contracts with the Bonneville Power Administration.

(6) The notice and deposit requirements listed in OAR 860-038-0280(4) and (5) apply to standard offer service.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 18-2002, f. & cert. ef. 10-17-02
PUC 11-2002, f. & cert. ef. 3-8-02
PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-02
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0260 Direct Access

(1) By March 1, 2002, an electric company must allow nonresidential consumers to choose direct access.

(2) An electric company must develop direct access rates as follows:

(a) The direct access rates must be based on the unbundled costs identified through the application of OAR 860-038-0200;

(b) The direct access rates for any class of customer must be based on the unbundled costs to serve that class;

(c) The direct access rates must include any additional electric company costs that are incurred when a consumer chooses to be served under the direct access rate option;

(d) The direct access rates must exclude electric company costs that are avoided when a consumer chooses to be served under the direct access rate option;

(e) An electric company may impose nonrecurring charges to recover the administrative costs of changing suppliers or rate options; and

(f) Rates must be established so that costs associated with the development or offering of rate options are assigned to the retail electricity consumers eligible to choose such rate options.

(3) After March 1, 2002, subject to Commission approval, an electric company may enter into special contracts for distribution service but may not enter into special contracts for power supply.

(4) Operation of a special contract approved by the Commission prior to March 1, 2002, between an electric company and a retail electricity consumer that extends beyond March 1, 2002, will be governed by the terms of the contract.

(5) Line extension charges must be independent of the power supply option elected by a retail electricity consumer.

(6) Unless directed otherwise by the Commission, the electric company must standardize its direct access tariffs and contracts to the extent possible to conform to industry and national standards, and should include at least the following:

(a) Definitions of services;

(b) Rules for application for direct access service, including notice periods;

(d) Termination rights;

(e) Dispute resolution;

(f) Descriptions of required ancillary services, including statements of the conditions on self-supply, if any;

(g) Billing and payment;

(h) Liability and indemnification;

(i) All necessary service schedules and technical requirements; and

(j) Other provisions that the Commission determines are reasonable and necessary for direct access.

(7) An electric company must file direct access tariffs that are practical and workable in combination with tariffs required by the Federal Energy Regulatory Commission (FERC). The electric company must:

(a) Ensure the minimization of differences in service definitions between retail direct-access and wholesale open-access;

(b) Ensure that services that are permitted to be self-supplied by the FERC are permitted to be self-supplied by the electric company, unless the company obtains an exception from the Commission; and

(c) State rates, terms, and conditions in its Oregon tariffs that properly work in conjunction with the electric company’s FERC tariffs and, if not identical to, can at least be easily compared with those required by the FERC.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 18-2002, f. & cert. ef. 10-17-02
PUC 17-2000, f. & cert. ef. 9-29-00; PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-01; PUC 11-2002, f. & cert. ef. 3-8-02

Or. Admin. R. 860-038-0275 Direct Access Annual Announcement and Election Period

(1) On November 15 of each year (or the next business day if November 15 falls on a Saturday, Sunday, or legal holiday as defined by ORS 187.010), each electric company must announce the prices to be charged for electricity services in the next calendar year. The date on which the electric companies are required to announce such prices is "the Announcement Date."

(2) Electric companies must allow retail electricity customers that are eligible for direct access at least five business days after the Announcement Date to choose service under a cost-of-service rate option or to purchase electricity from either an electricity service supplier through direct access or an electric company through a standard rate offer.

(3) At least five business days before the Announcement Date, electric companies and electricity service suppliers must announce, and post on their websites, estimates of prices for electricity services in the subsequent calendar year or subsequent contract period if different than a calendar year:

(a) All electric companies and electricity service suppliers must continuously post the estimated prices announced under this rule on their websites until the Announcement Date.

(b) Electric companies' estimated prices will be the companies' estimates of the electricity service prices that will be in effect for the calendar year subsequent to the Announcement Date.

(c) Electricity service suppliers will determine estimated prices that will allow electricity consumers to compare the estimated prices of the electric company and electricity service supplier for the subsequent calendar year, or contract period if different than a calendar year.

(d) Announcing estimated prices as required by this rule creates no obligation on the part of the electric companies and/or electricity service suppliers to provide electricity service to any consumer at the estimated prices.

(e) If an electricity service supplier does not intend to sell electricity services in the subsequent calendar year or contract period, the electricity service supplier must announce, and post on a web site, that it does not intend to sell electricity services in the subsequent calendar year or contract period.

(4) Thirty days prior to the Announcement Date, electric companies and electricity service suppliers shall provide to the Commission a URL address for a website where the individual electric company or electricity service supplier will post prices and announcements as prescribed by this rule. The Commission will post the URL addresses on its website.

(5) At least once each year, electric companies must offer customers a multi-year direct access program with an associated fixed transition adjustment.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 13-2004, f. & cert. ef. 8-31-04

Or. Admin. R. 860-038-0280 Default Supply

(1) Default supply is an alternative available to nonresidential consumers served by direct access.

(2) The two types of default supply are emergency as defined in OAR 860-038-0005 and standard offer as defined in OAR 860-038-0250.

(3) Each electric company must provide the emergency option as follows:

(a) Emergency default service commences when an electric company is informed by the ESS or nonresidential consumer, or becomes aware, that an ESS is no longer providing service; and

(b) Each electric company must file tariffs with the Commission that include the emergency service option. An electric company must design emergency service rates to recover its costs of providing such service.

(4) A nonresidential consumer must give the electric company notice of intent to purchase or terminate purchase of standard offer service consistent with the applicable tariff provision.

(5) An electric company may require a deposit from a consumer applying to receive emergency default service or standard offer service. The electric company may disconnect a consumer receiving default service or standard offer service subject to OAR 860-021-0305 and 860-021-0505.

(6) Unless otherwise directed by a nonresidential consumer, an electric company must move an emergency service consumer from emergency default service to standard offer service within five business days of the nonresidential consumer’s initial purchase of emergency default service. This provision does not limit a consumer’s right to return from emergency default service or standard offer service to direct access.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 18-2002, f. & cert. ef. 10-17-02
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0290 Preferential Curtailment

(1) This rule becomes effective June 1, 2024.

(2) Except as provided in sections (4), (8), and (9) of this rule, each electric company shall provide preferential curtailment of New Large Load Program participants, as defined in OAR 860-038-0700(2)(d), and long-term opt-out direct access consumers.

(3) At the time a consumer makes its direct access election, New Large Load Direct Access Program participants and long-term opt-out direct access consumers must elect whether a given load will be curtailable or non-curtailable. A consumer that makes no such election will be deemed non-curtailable.

(4) An electric company will not preferentially curtail the load of a direct access consumer when:

(a) The direct access consumer has elected to be non-curtailable during the election period, or,

(b) The direct access consumer’s load is infeasible to curtail, or,

(5) Consumers already participating in New Large Load Direct Access Program or long-term opt-out direct access service must make the election defined in section (3) of this rule during the first annual election window that takes place at least 12 months after the date an electric company has implemented tariffs and program rules necessary to implement this rule.

(6) A consumer may change their curtailment election during an election window after the length of time specified in an electric company’s tariffs implementing these rules.

(7) The Commission will establish a cap on non-curtailable direct access load to protect cost-of-service customers from the risks and costs associated with direct access consumers’ return to an electric company’s system.

(8) Using a Commission-approved methodology, an electric company may collect a reasonable charge from a direct access consumer to recover necessary costs for system upgrades that operationalize preferential curtailment of that consumer. Any given load that a consumer elects to be curtailable will be considered non-curtailable until the system upgrades required to curtail the load are installed, tested, and properly functioning.

(9) If a preferentially curtailable consumer returns to default supply without providing the required time for notice of return under the electric company’s direct access program tariff, the electric company must make best efforts to serve the consumer with Uncommitted Supply.

(10) Each electric company’s tariff or program rules will specify criteria an electric company may use to demonstrate that it sought to serve a preferentially curtailable consumer with Uncommitted Supply before curtailing that consumer.

(11) If a returning curtailable consumer is served with Uncommitted Supply, the consumer will be charged the incremental capacity and energy costs or a market rate required to serve on less than the required notice of return in the electric company’s direct access program tariff. If the market rate is greater than the incremental cost of the electric company’s capacity and energy supplied to the consumer, the consumer will be charged the market rate.

(12) If Uncommitted Supply is not available, the electric company may preferentially curtail returning nonresidential direct access consumers’ load that has been elected to be curtailable.

(13) A preferentially curtailable consumer that returns to the electric company's service without the required notice of return under the electric company’s direct access program tariff shall be subject to potential curtailment for a period equal to the remaining time for notice of return.

(14) If a non-curtailable consumer returns to the electric company’s service without the required notice of return under an electric company’s direct access program tariff, the electric company shall charge the non-curtailable consumer the incremental capacity and energy costs or a market rate required to serve on less than the required notice of return. If the market rate is greater than the incremental cost of the electric company’s capacity and energy supplied to the consumer, the consumer will be charged the market rate.

(15) Individual electric company tariffs will include a process for implementing preferential curtailment and will detail eligibility criteria for consumers seeking to become preferentially curtailable.

(16) Sections (13) and (14) of this rule do not limit a New Large Load Direct Access Program participant or long-term opt-out direct access consumer’s right to return from default supply to direct access unless:

(a) The consumer has provided a notice of return to the electric company’s service, or;

(b) The consumer remains on default supply for longer than the time period necessary to select an ESS and return to direct access service as specified in the electric company’s tariff.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.600 - 757.667
PUC 9-2023, adopt filed 09/15/2023, effective 09/15/2023

Or. Admin. R. 860-038-0300 Electric Company and Electricity Service Suppliers Labeling Requirements

(1) The purpose of this rule is to establish requirements for electric companies and electricity service suppliers to provide price, power source, and environmental impact information necessary for consumers to exercise informed choice.

(2) An electricity service provider must post a summary of the aggregated energy supply mix and associated emissions for the Direct Access load served in Oregon in the previous year. When historic data in unavailable, the ESS must use a reasonable estimate of future resource mix. The summary must be updated on November 15 of each year (or the next business day if November 15 falls on a Saturday, Sunday, or legal holiday as defined by ORS 187.010) and either included on or via a link on its indicative pricing website as required under OAR 860-038- 0275.

(3) For each service or product it offers, an electric company must provide price, power source, and environmental impact information to all residential consumers annually, or at a frequency prescribed by the Commission. The information must be based on the available service options. The information must be supplied consistent with the requirements prescribed by the Commission. The electric company must report price information for each service or product for residential consumers based on the average monthly bill and price per kilowatt-hour for the available service options.

(4) An electric company and an electricity service supplier must provide price, power source and environmental impact information to nonresidential consumers consistent with the requirements and frequency prescribed by the Commission. An electric company and an electricity service supplier must report price information for nonresidential consumers as follows:

(a) The price and amount due for each service or product that a nonresidential consumer is purchasing;

(b) The rates and amount of state and local taxes or fees, if any, imposed on the nonresidential consumer;

(d) The amount of any transition charge or credit.

(5) For power supplied through its own generating resources, the electric company must report power source and environmental impact information based on the company's own generating resources, not the unspecified market purchase mix. An electric company's own resources include company-owned resources and wholesale purchases from specific generating units, less wholesale sales from specific generating units. An electric company's own resources do not include the non-energy attributes associated with purchases under the provisions of a net metering tariff or other power production tariff unless the electric company has separately contracted for the purchase of the Tradable Renewable Certificates. For net market purchases, the electric company must report power source and environmental impact information based on the unspecified market purchase mix. The electric company must report power source and environmental impact information for standard offer sales based on the unspecified market purchase mix.

(6) For purposes of power source and environmental impact reporting, an electric company and an electricity service supplier should use the most recent unspecified market purchase mix unless the electric company or electricity service supplier is able to demonstrate a different power source mix and environmental impact. A demonstration of a different mix must be based on projections of the mix to be supplied during the current calendar year. Power source must be reported as the percentages of the total product supply including the following:

(a) Coal;

(b) Hydroelectricity;

(d) Nuclear; and

(e) Other power sources including but not limited to new renewable resources, if over 1.5 percent of the total power source mix.

(7) Environmental impact must be reported for all retail electric consumers using the annual emission factors for the most recent available calendar year applied to the expected production level for each source of supply included in the electricity product. Environment impacts reported must include at least:

(a) Carbon dioxide, measured in lbs./kWh of CO2 emissions;

(b) Sulfur dioxide, measured in lbs./kWh of SO2 emissions;

(d) Mercury, measured in lbs./kWh of Hg emission.

(8) Every bill to a direct access consumer must contain the electricity service supplier's and the electric company's toll-free number for inquiries and instructions as to those services and safety issues for which the consumer should directly contact the electric company.

(9) The electricity service supplier must provide price, power source, and environmental impact in all contracts and marketing information.

(10) The electric company must provide price, power source, and environmental impact in all standard offer marketing information.

(11) By September 1, each electric company and each electricity service supplier making any claim other than unspecified market purchase mix must file a reconciliation report for the prior calendar year on forms prescribed by the Commission. The report must provide a comparison of the power source mix and emissions of all of the seller's certificates, purchase or generation with the claimed power source mix and emissions of all of the seller's products and sales.

(12) Each electricity service supplier and electric company owning or operating generation facilities shall keep and report such operating data about its generation of electricity as may be specified by order of the Commission.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.600 - 757.667
PUC 9-2023, amend filed 09/15/2023, effective 09/15/2023
PUC 1-2016, f. & cert. ef. 3-10-16
PUC 3-2014, f. & cert. ef. 3-7-14
PUC 7-2009, f. & cert. ef. 6-25-09
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0340 Electric Company Ancillary Services

(1) This rule applies to those ancillary services that are not within the exclusive jurisdiction of the Federal Energy Regulatory Commission.

(2) The Commission may require an electric company to provide ancillary services to facilitate direct access to consumers.

(3) The Commission may decide which ancillary services a direct access consumer may purchase directly from electricity service suppliers.

(4) An electric company must provide ancillary services to facilitate direct access that are comparable to the services it provides for its own retail electricity consumers.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0360 Electric Company Customer Metering Requirements

(1) The electric company must own/lease, install, test, read, remove, and maintain a customer meter for each retail electricity consumer receiving metered distribution services.

(2) The electric company’s meter reading must be the basis for the electric company charges billed to the retail electricity consumer. The electric company must provide the results of the meter reading to the consumer’s ESS in a timely manner, comparable to the provision of such information to its own non-distribution divisions, affiliates, and related parties for direct access customers served by those divisions, affiliates, and related parties. The electric company must not disclose meter data to any entity or person other than the retail electricity consumer, the consumer’s ESS, or the Commission unless written authorization is obtained from the retail electricity consumer.

(3) The electric company must make available a standard meter and metering services to each retail electricity consumer that are adequate for the billing and other requirements of the electric company.

(4) The electric company must offer meters and metering services, other than the standard meters and metering services, that are necessary for an ESS to provide service to a retail electricity consumer. If an ESS requests that the electric company offer a specific meter capability or function or metering service, the electric company must consider and approve or deny the request within 10 business days. If the request is approved, the electric company must file rates with the Commission for such meter or metering service within 30 days. If the request is denied, the ESS may appeal the decision to the Commission. The electric company must establish charges for different meter capabilities or functions and metering services subject to approval by the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0380 Aggregation

(1) For purposes of ensuring compliance with Commission standards for consumer protection, an aggregator must be registered by the Commission to combine retail electricity consumers in the service territory of an electric company into a buying group for the purchase of electricity and related services.

(2) The initial registration fee is $50.

(3) The annual renewal fee is $25.

(4) At a minimum, the aggregator must supply the following information:

(a) Name of aggregator;

(b) Name, address, and phone number of the aggregator’s regulatory contact; and

(c) A signed statement from an authorized representative of the aggregator declaring that all information provided is true and correct.

(5) At a minimum, the aggregator must attest that it will:

(a) Furnish to consumers a toll-free number or local number that is staffed during normal business hours to enable a consumer to resolve complaints or billing disputes and a statement of the aggregator’s terms and conditions that detail the consumer’s rights and responsibilities;

(b) Comply with all applicable state and federal laws, rules, and Commission orders applicable to aggregators; and

(c) Adequately respond to Commission information requests applicable to aggregators and related to the provisions of this rule within 10 business days.

(6) An aggregator must take all reasonable steps, including corrective actions, to ensure that persons or agents hired by the aggregator, including but not limited to officers, directors, agents, employees, representatives, successors, and assigns adhere at all times to the terms of all state and federal laws, rules, and Commission orders applicable to aggregators.

(7) Annually, 30 days prior to expiration, a registered aggregator must notify the Commission that it will not be renewing its registration or it must renew its registration by submitting an application for renewal that includes an update of information specified in section (4) of this rule. The aggregator must state that it continues to attest that it will meet the requirements of section (5) of this rule. The authorized representative of the aggregator must state that all information provided is true and correct and sign the renewal application. The renewal is granted for a period of one year from the expiration date of the prior registration.

(8) No aggregator may make material misrepresentations in consumer solicitations, agreements, or in the administration of consumer contracts. Aggregators may not engage in dishonesty, fraud, or deceit that benefits the aggregator or disadvantages consumers.

(9) An aggregator must promptly report to the Commission any circumstances or events that materially alter information provided to the Commission in the registration process.

(10) The electric company must allow aggregation of electricity loads, pursuant to ORS 757, which may include aggregation of demand for other services available under direct access.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 2-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 860-038-0400 Electricity Service Supplier Certification Requirements

(1) An electricity service supplier (ESS) must be certified by the Commission to sell electricity services to consumers.

(2) An ESS must be certified as either scheduling or nonscheduling as prescribed in OAR 860-038-0410.

(3) The initial certification fee is $400.

(4) The annual renewal fee is $200.

(5) An ESS applicant must file an application that contains the following information:

(a) Name of applicant, including owners, directors, partners, and officers, with a description of the work experience of key personnel in the sale, procurement, and billing of energy services or similar products;

(b) Name, address, and phone number of the ESS applicant's regulatory contact;

(d) Dun and Bradstreet number, if available;

(e) Confirmation that the applicant (including owners, directors, partners, and officers) has not violated consumer protection laws or rules in the past three years;

(f) Audited financial statements of the ESS applicant (and its guarantor, if applicable) and credit reports consisting of:

(A) A balance sheet, income statement, and statement of cash flow for each of the three years preceding the filing and for the interim quarters between the end of the last audited year and the filing date; or

(B) For an applicant that has been in operation for less than three years, the audited balance sheets, income statements, and statements of cash flow for each of the years the company was in operation and for the interim quarters between the end of the last audited year and the filing date; or

(C) For an applicant that has been in operation for less than 12 months on the date the application is filed, such financial statements as are kept in the regular course of the applicant's business operations and pro-forma financial statements for a period of not less than 36 months.

(D) If audited financial statements are unavailable, the applicant may submit unaudited financial statements for each of the three years preceding the filing and for the interim quarters between the end of the last unaudited year and the filing date. The applicant must also submit a statement explaining why audited statements are not available.

(g) A showing of creditworthiness through documentation of tangible assets in excess of liabilities (i.e., tangible net worth) of at least $1,000,000 on its most recent balance sheet and demonstration of either its own investment grade credit rating pursuant to (A) or fulfillment of bond/guaranty requirements pursuant to (B):

(A) Investment grade rating means a suitable rating on the long term, senior unsecured debt, or if this rating is unavailable, the corporate rating, of a major credit rating agency.

(B) An applicant may use any of the financial instruments listed below, in an amount commensurate with the services and products it intends to offer, to satisfy the credit requirements established by this rule.

(i) Cash or cash equivalent (i.e., cashier's check);

(ii) A letter of credit issued by a bank or other financial institution, irrevocable for a period of at least 18 months;

(iii) A bond in a form acceptable to the Commission, irrevocable for a period of at least 18 months; or

(iv) A guaranty in a form acceptable to the Commission issued by a principal of the applicant or a corporation holding controlling interest in the applicant, which is irrevocable for at least 18 months. To the extent the applicant relies on a guaranty, the applicant must provide financial evidence sufficient to demonstrate that the lender or guarantor possesses the cash or cash equivalent needed to fund the guaranty.

(h) A showing of technical competence in energy procurement and delivery, information systems, billing & collection, and if subject to the requirements of section 16 of this rule, safety & engineering;

(i) A showing that its financial and technical competence is consistent with the services and products it intends to offer, and the targeted customer class(es) and geographical areas; and

(j) A statement as to whether the ESS is applying for certification as a scheduling or nonscheduling ESS and information documenting an ability to comply to the requirements of OAR 860-038-0410; and

(k) The authorized representative of the applicant must state that all information provided is true and correct and sign the application.

(6) At a minimum, an applicant must attest that it will:

(a) Furnish to consumers a toll-free number or local number that is staffed during normal business hours to enable a consumer to resolve complaints or billing disputes and a statement of the ESS's terms and conditions that detail the customer's rights and responsibilities;

(b) Comply with all applicable laws, rules, Commission orders, and electric company tariffs;

(c) Maintain insurance coverage, security bond, or other financial assurance commensurate with the types and numbers of consumers and loads being served, meet any other credit requirements contained in the electric company's tariffs, and cover creditors for a minimum of 90 days from the date of cancellation; and

(d) Adequately respond to Commission information requests within 10 business days.

(7) As conditions for certification, an ESS must agree to:

(a) Enter into an agreement or agreements with each respective electric company to assign to the electric companies any federal system benefits available from the Bonneville Power Administration to the residential and small-farm customers who receive distribution from an electric company and are served by the ESS; and

(b) Not enter into a Residential Sale and Purchase Agreement with the Bonneville Power Administration pursuant to Section 5(c) of the Pacific Northwest Power Act concerning federal system benefits available to residential and small farm customers receiving distribution from an electric company.

(8) Staff will notify interested persons of the application, allow 14 days from the date of notification for the filing of protests to the application (through submission of an email or letter to the staff), review the application, and make a recommendation to the Commission whether the application should be approved or denied.

(9) An applicant or a protesting party may request a hearing within 60 calendar days of the date of the staff recommendation. Upon determining the appropriateness of the request, the Commission will conduct a hearing as provided for in division 001 of the Commission's rules.

(10) The Commission may issue an Order granting the applicant's request for certification upon a finding that:

(a) The applicant paid the initial certification PUC fee, as required by OAR 860-038-0400(3);

(b) The applicant filed an application containing accurate, complete and satisfactory information that demonstrates it meets the requirements to be certified as an ESS.

(11) If the Commission grants the application, the Commission may include any conditions it deems reasonable and necessary. Further, upon granting the application, the Commission will certify the ESS for a period of one year from the date of the order.

(12) An ESS must take all reasonable steps, including corrective actions, to ensure that persons or agents hired by the ESS adhere at all times to the terms of all laws, rules, Commission orders, and electric company tariffs applicable to the ESS.

(13) An ESS must notify the Commission that it will not be renewing its certification or it must renew its certification each year as follows:

(a) An ESS must file its application for renewal 30 days prior to the expiration date of its current certificate;

(b) In its application for renewal the ESS must include the renewal fee, update the information specified in subsections (5)(a), (b), (i), and (j) of this rule, and state whether it violated or is currently being investigated for violation of any attestation made under the current certificate. The ESS must state that it continues to attest that it will meet the requirements of sections (6) and (7) of this rule. The authorized representative of the ESS must state that all information provided is true and correct and sign the renewal application;

(c) If the Commission takes no action on the renewal application, the renewal is granted for a period of one year from the expiration date of the prior certificate;

(d) If a written complaint is filed, or if on the Commission's own motion, the Commission has reason to believe the renewal should not be granted, the Commission will conduct a revocation proceeding per section (14) of this rule. The renewal applicant will be considered temporarily certified during the pending revocation proceeding.

(14) Upon review of a written complaint or on its own motion the Commission may, after reasonable notice and opportunity for hearing, revoke the certification of an ESS for reasons including, but not limited to, the following:

(a) Material misrepresentations in its application for certification or in any report of material changes in the facts upon which the certification was based;

(b) Material misrepresentations in customer solicitations, agreements, or in the administration of customer contracts;

(d) Demonstrated lack of financial, or operational capability; or

(e) Violation of agreements stated in sections (6) and (7) of this rule.

(15) An ESS must promptly report to the Commission any circumstances or events that materially alter information provided to the Commission in the certification or renewal process or otherwise materially impacts their ability to reasonably serve electricity consumers in Oregon.

(16) Each ESS that owns, operates, or controls electrical supply lines and facilities subject to ORS 757.035 must have and maintain its entire plant and system in such condition that it will furnish safe, adequate, and reasonably continuous service. Each such ESS must inspect its lines and facilities in such a manner and with such frequency as may be needed to ensure a reasonably complete knowledge about their condition and adequacy at all times. Such record must be kept of the conditions found as the ESS considers necessary to properly maintain its system, unless in special cases the Commission specifies a more complete record. The ESS must have written plans describing its inspection, operation, and maintenance programs necessary to ensure the safety and reliability of the facilities. The written plans and records required herein must be made available to the Commission upon request. The ESS must report serious injuries to persons or property in accordance with OAR 860-024-0050.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 23-2001, f. & cert. ef. 10-11-01
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0405 ESS Emissions Planning Report

(1) From June 1, 2024, through May 30, 2027, each ESS certified pursuant to ORS 757.649 that has sold electricity to retail electricity consumers in Oregon in the previous calendar year or has executed a contract to sell electricity to retail electricity consumers in Oregon within the following three calendar years is required to file a copy of the annual greenhouse gas emissions report submitted to the Oregon Department of Environmental Quality in accordance with Oregon Laws 2021, Chapter 508, Section 5(4)(a) within 10 days of filing with the Oregon Department of Environmental Quality.

(2) Beginning on January 1, 2027, each ESS certified under ORS 757.649 that has sold electricity to retail electricity consumers in Oregon in the previous calendar year or has executed a contract to sell electricity to retail electricity consumers in Oregon within the following three calendar years is required to file a report in accordance with section (3) of this rule. If prescribed by the Commission, each ESS must use established forms to provide information required under this rule.

(3) Each ESS must file an Emissions Planning Report on or before June 1 of each calendar year that includes the following:

(a) A cover-page with a checklist for each item required by the report, as set forth in this section. and an indication of where that information is found in the report and whether specified information is confidential subject to a protective order. A uniform template for the cover page checklist and Protective Order will be provided on the Commission website under the Reports & Forms section;

(b) A summary of the specific electricity-generating resources, MWh generation from those resources, emissions per MWh (MTCO2e/MWh) associated with serving Oregon Direct Access customers, and all emissions from the previous calendar year that were reported to DEQ;

(d) An estimate of the annual greenhouse gas emissions associated with serving Oregon Direct Access customers, forecasted for the following three consecutive years;

(e) An action plan that specifies annual goals and resources, including specified and unspecified market purchases, that the ESS plans to use to meet the load and emissions forecast consistent with the DEQ emissions reporting methodology;

(f) An analysis of the $/MWh (levelized if under different pricing structure) that the customer will be charged for service related to compliance for each of the next 3 years, and

(g) Anticipated actions to facilitate rapid reductions of greenhouse gas emissions at reasonable costs to retail electricity consumers served by the ESS, including but not limited to:

(A) Development of non-emitting dispatchable resources;

(B) Demand response offerings;

(D) Onsite renewable generation.

(4) ESSs serving customers or generating electricity in multiple electric company service territories must separate the report's contents referred to in section (3) of this rule by each unique service territory.

(5) Commission staff and interested persons may file written comments on each ESS's Emissions Planning Report within 45 calendar days of the filing. The ESS may file a written response to any comments within 30 calendar days thereafter. After considering written comments, the Commission may decide to commence an investigation, begin a proceeding, or take other action as necessary to make a determination regarding Oregon Laws 2021, Chapter 508, Section 5 requirement for continual and reasonable progress toward compliance with the clean energy targets set forth in Oregon Laws 2021, Chapter 508, Section 3.

(6) Upon conclusion of the Commission review of the report in section (3) of this rule, the Commission will issue a decision to acknowledge the ESS's Emissions Planning Report if it demonstrates continual and reasonable progress toward compliance with state clean energy targets. If the Commission determines the Emissions Planning Report does not demonstrate continual and reasonable compliance, the ESS must file an updated Emissions Planning Report that addresses the Commission's concerns within 90 days.

(7) The ESS must post a non-confidential version of the Emissions Planning Report on its website within 30 days of the Commission decision whether to accept the report. The ESS must also provide information about its compliance report to its customers by bill insert or other Commission-approved method.

(8) Availability of Information:

(a) Information regarding an analysis of the $/MWh (levelized if under different pricing structure) that the customer will be charged for service related to compliance for each of the next 3 years. as required by section 3(f) of this rule will be available for review only by Qualified Statutory Parties, meaning any Commission Staff and any representatives of the Citizen's Utility Board, who executed a modified protective order.

(b) The following information shall be available for review only by Non-Market Participants that have executed a modified protective order:

(A) Action plan that specifies annual goals and resources, including specified and unspecified market purchases, that the ESS plans to use to meet the load and emissions forecast consistent with the DEQ emissions reporting methodology, as required in Section 3(e) of this rule;

(B) Information regarding the load forecast for each of the following three consecutive years, aggregate for all Oregon Direct Access customers, as required by Section 3(c) of this rule; and

(C) The summary of the specific electricity-generating resources and MWh generation from those resources, as required by Section 3(b) of this rule.

(c) For purposes of this rule. Non-Market Participants includes Commission Staff, the Citizen's Utility Board, and non-profit organizations engaged in environmental advocacy that do not otherwise participate in electricity markets.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.600 - 757.667
PUC 9-2023, adopt filed 09/15/2023, effective 09/15/2023

Or. Admin. R. 860-038-0410 Scheduling

(1) Each ESS shall be certified as either scheduling or nonscheduling.

(2) Each scheduling ESS shall schedule the resources to serve the direct access loads for which it has scheduling responsibility with the appropriate control area operators. Scheduling shall be in accordance with all generally accepted regional and Western Electricity Coordinating Council rules and guidelines.

(a) Only a single scheduling ESS may schedule all the resources and other services for any single direct access consumer. Multiple ESSs may provide services to any individual direct access consumer, but only through a single scheduling ESS;

(b) Each scheduling ESS shall be responsible for ensuring that all necessary point-to-point transmission services have been acquired across the facilities of third parties, above and beyond the network integration transmission service provided on the facilities of the electric company to serve the direct access loads for which it has scheduling responsibility;

(c) Each scheduling ESS shall be responsible for forecasting the requirements for serving the direct access loads for which it has scheduling responsibility and arranging for resources;

(d) Each scheduling ESS shall be responsible for settling imbalances with electric companies for the total resources and direct access loads for which it has scheduling responsibility.

(3) A nonscheduling ESS must contract with a scheduling ESS or control area operator for all scheduling services.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 7-2005, f. & cert. ef. 11-30-05
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0420 Electricity Service Supplier Consumer Protection

(1) All advertising and marketing activities by electricity service suppliers must be truthful, not misleading, and in compliance with Oregon's Unfair Trade Practices Act (ORS 646.605 through 646.656).

(2) No person or entity may offer to sell electricity services available pursuant to direct access unless it has been certified by the Commission as an ESS.

(3) Sections (3) through (6) of this rule do not apply when a consumer is changing suppliers. Sections (3) through (6) apply when an ESS is discontinuing service to a consumer. An ESS must give its customers at least 10 business days written notice, as prescribed in section (5) of this rule, before the ESS may discontinue service.

(4) The written notice of intent to discontinue service to the ESS customer must be printed in boldface type and must state in easy to understand language:

(a) The name and contact information of the ESS and the service location intended to be discontinued;

(b) The reasons for the proposed discontinuance;

(d) The amount necessary to be paid to avoid discontinuance of services, if applicable.

(5) The ESS must serve the notice of discontinuance in person or send it by first class mail to the last known address of the ESS customer. Service is complete on the date of personal delivery or, if service is by U. S. mail, on the day after the U. S. Postal Service postmark or the day after the date of postage metering.

(6) Not less than 10 business days prior to discontinuance of service to an ESS customer, the ESS must notify the serving electric company, by mutually acceptable means, that the ESS will no longer be supplying energy to that ESS customer. If an ESS and a consumer waive the 10-day notice, pursuant to section (8) of this rule, the ESS must still notify the electric company of its intent to discontinue a consumer's service as soon as it notifies the consumer that service is to be discontinued. The written notice must contain the following:

(a) Name and contact information of the ESS that is discontinuing service, the consumer's name, account number, service location and, if applicable, the electric company's unique location identifier;

(b) Earliest date for discontinuance; and

(7) This section of this rule applies to any alleged violation of the rules in Division 038 applicable to electricity service suppliers.

(a) When a dispute occurs between an ESS customer and an ESS about any charge or service, the ESS must acknowledge the dispute with a response to the customer within 5 calendar days. The ESS must thoroughly investigate the matter and report the results of its investigation to the ESS customer within 15 calendar days. If the ESS is unable to resolve the matter within 15 calendar days, the ESS must advise the customer of the option to request internal supervisory review of unregulated disputes and to request the Commission's assistance in resolving a dispute within the Commission's jurisdiction;

(b) An ESS customer may request the Commission's assistance in resolving a dispute within the Commission's jurisdiction by contacting the Commission's Consumer Services Division. The Commission must notify the electricity service supplier upon receipt of such a request;

(c) The Commission's Consumer Services Division will assist the complainant and the electricity service supplier in an effort to reach an informal resolution of the dispute. The ESS must provide the Commission with the necessary information to assist in resolving the dispute. The ESS must answer the registered ESS dispute within 15 calendar days of service of the complaint;

(d) If a registered ESS dispute cannot be resolved informally, the Commission's Consumer Services Division will advise the complainant of the right to file a formal written complaint.

(A) The formal written complaint must state the facts of the dispute and the relief requested and must be filed with the Filing Center in compliance with the rules regarding confidential information and filing set out in OAR 860-001-0070, 860-001-0140 through 860-001-0150,and 860-001-0170.

(B) The formal complaint must be filed with the Filing Center at PUC.FilingCenter@state.or.us. If complainant does not have access to electronic mail, the complaint may be mailed, faxed, or delivered to the Filing Center at the address set out in OAR 860-001-0140, and the formal complaint must include a request for waiver of the electronic filing and service requirements.

(C) The Commission will serve the complaint on the ESS. The Commission may electronically serve the ESS with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file.

(D) The ESS must answer the complaint within 15 calendar days of service of the complaint by the Commission.

(E) The Commission will set the matter for expedited hearing. A hearing may be held on less than 10 calendar days' notice when good cause is shown. Notice of the hearing will be provided to the complainant and the ESS at least 12 hours before the date and time of the hearing.

(F) Filing dates for formal complaint proceedings are calculated and enforced per OAR 860-001-0150.

(8) Within the terms of a written contract, a customer and an ESS may agree to arrangements other than those specified in sections (3), (4), (5), and (6) of this rule, if the following requirements are met:

(a) The contract must include an exact copy of the paragraphs in subsection (8)(b) of this rule. The paragraphs must be in bold type of at least 12-font size. Immediately following the paragraphs, there must be a line for the consumer's signature and the date.

(b) The agreement must contain the following notice: IF YOU SIGN THIS AGREEMENT, YOU MAY GIVE UP CERTAIN RIGHTS YOU HAVE UNDER OAR 860-038-0420(3) through (6). These rules state: The ESS must insert the complete text of OAR 860-038-0420(3) through (6). THIS MAY AFFECT YOUR ABILITY TO ARRANGE FOR OTHER ENERGY SERVICE.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 11-2003, f. & cert. ef. 7-3-03
PUC 11-2002, f. & cert. ef. 3-8-02
PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-02
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0445 Coordination of Supplier Changes and Billing

(1) This rule applies to electricity service suppliers and to electric companies providing service options to nonresidential consumers. For purposes of this rule, "supplier" means an electricity service supplier or electric company.

(2) An ESS may not provide service to a consumer without a written contract or electronic authorization between the customer and the ESS and the submission by the ESS of a Direct Access Service Request (DASR) to the electric company to switch such customer from its then-current supplier to the ESS. The DASR must contain all information required by the electric company’s direct access tariff to effect the switching of such customer’s supplier.

(3) An ESS or electric company shall not submit a DASR unless it possesses written or electronic authorization from the consumer.

(4) The ESS must maintain records sufficient to demonstrate compliance with this rule including a copy of the contract authorizing the change in supplier for a period of one year from the date the customer authorized a change in electric service to such supplier. Upon request, the supplier must make such records available to the electric company or the Commission.

(5) An acceptable DASR must conform to industry electronic data interchange protocols.

(6) The written contract or electronic authorization must contain, at a minimum, the following information:

(a) The consumer’s name, current account number, and an electric company’s unique location identifier, if available;

(b) The service address and the consumer’s mailing address;

(d) The name of the new supplier that will be supplying the service;

(e) The effective date and time of change of supplier;

(f) The consumer’s billing preference (electric company only, electricity service supplier only, or both);

(g) Identification and explanation of any nonrecurring charges associated with the change of supplier;

(h) A statement to the effect that the consumer is authorized to make the change and authorizes the change to the new supplier; and

(i) The consumer’s signature or electronic authorization and title.

(7) Any change of supplier without an acceptable DASR conforming to the requirements of section (5) of this rule and a written contract or electronic authorization conforming to the requirements of section (6) of this rule shall constitute a violation of this rule.

(8) An ESS must obtain acceptance of its DASR at least 10 business days prior to the effective date of the change.

(9) An electric company must accept or reject a DASR and provide notification to the ESS, within three business days of submission. Upon acceptance of a DASR, the electric company must notify the current supplier of the change within three business days.

(10) If the change date of suppliers does not coincide with the serving electric company’s established meter reading schedule, the new supplier will pay the applicable tariffed charges to the electric company necessary to accommodate an off-cycle meter reading.

(11) Each supplier must supply, upon request from a consumer, a copy of the service description and rates applicable to the type or types of service furnished to the consumer.

(12) A consumer will receive a consolidated bill from the electric company unless the consumer chooses one of the following:

(a) A separate bill from every individual supplier that provides products or services to the consumer; or

(b) A consolidated bill from an ESS.

(13) An electric company and the ESS must cooperate to ensure the exchange of information in a timely manner necessary for billing purposes. The electric company or the ESS may request the Commission’s assistance in resolving a dispute within the Commission’s jurisdiction by contacting the Commission’s Consumer Services Division. The Commission will notify the appropriate company upon receipt of such a request. The appropriate company must answer the registered dispute within 15 calendar days of service of the complaint.

(14) If the consumer receives a consolidated billing from an electric company, the ESS must provide the information to the electric company required in OAR 860-038-0300, and the electric company must provide that information on the bill.

(15) If the consumer chooses a consolidated billing by the ESS, the electric company must provide the information to the ESS required in OAR 860-038-0300 and the ESS must provide that information on the bill.

(16) An electric company and ESS must cooperate to resolve any consumer complaint.

(17) An electric company and the ESS must exchange all necessary information to facilitate the billing of consumers and the exchange of funds using industry electronic data interchange protocols. If there is a dispute regarding the information exchange, the ESS or the electric company may appeal to the Commission for assistance in resolving the dispute.

(18) The party contracting with the electric company for the delivery of services shall be obligated to pay the electric company’s transmission and distribution charges in accordance with the electric company’s applicable tariffs. When the ESS is the contracting party, the direct access customer’s failure to pay the ESS the full amount of ESS charges shall not relieve the ESS of its obligation to the electric company for delivery services in accordance with the electric company’s direct access tariff. The electric company shall have access to the security posted by the ESS in accordance with the terms of the electric company’s direct access tariff in the event the ESS defaults in the payment of electric company charges to the ESS.

(19) Absent a contract with the electric company described in section (18) of this rule, when payment, including amounts for regulated charges, is made directly to an electricity service supplier or electric company, the payment must be allocated as follows:

(a) As directed by the nonresidential consumer; or

(b) Absent specific direction from the nonresidential consumer, in the following sequence:

(A) Past due regulated;

(B) Current regulated;

(D) Current unregulated charges in proportion to the outstanding balance; and

(c) If a contractual agreement between an ESS customer and an electricity service supplier dictates payment allocations other than those identified in section (b) of this rule, the electricity service supplier will provide notification with the bill that failure to pay the regulated charges can result in disconnection of service.

(20) Services subject to the jurisdiction of the Commission may not be discontinued, disconnected, or placed in jeopardy because of nonpayment of unregulated charges.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 11-2003, f. & cert. ef. 7-3-03
PUC 17-2000, f. & cert. ef. 9-29-00

Or. Admin. R. 860-038-0450 Location of Underground Facilities

An ESS and its customers shall comply with requirements of chapter 952 regarding the prevention of damage to underground facilities.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.542 - 757.562 & 757.649
PUC 23-2001, f. & cert. ef. 10-11-01

Or. Admin. R. 860-038-0460 Construction, Safety, and Reporting Standards for Electricity Service Suppliers

An ESS shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040, 757.035, 757.039 & 757.649
PUC 23-2001, f. & cert. ef. 10-11-01

Or. Admin. R. 860-038-0470 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities

Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028.

History

Statutory/Other Authority: ORS 183, 756, 757 & 759
Statutes/Other Implemented: ORS 756.040, 757.270 - 290, 757.600 - 667 & 759.650 - 675
PUC 23-2001, f. & cert. ef. 10-11-01

Or. Admin. R. 860-038-0480 Public Purposes

(1) Each electric company that offers direct access to its retail electricity consumers and each electricity service supplier that provides electricity services to direct access consumers in the electric company's service territory will collect a public purpose charge from its retail electricity consumers until January 1, 2026.

(2) Except as provided in section (6) of this rule, electric companies and electricity service suppliers will bill and collect from each of their retail electricity consumers a public purpose charge equal to 3 percent of the total revenues billed to those consumers for electricity services, distribution, ancillary services, metering and billing, transition charges, and other types of costs that were included in electric rates on July 23, 1999.

(3) The electricity service suppliers will remit monthly to each electric company the public purpose charges they collect from the customers of each electric company.

(4) The electricity service suppliers will remit monthly the public purpose charges collected from direct service industrial consumers they serve to the electric company in whose service territory the direct service industrial site is located.

(5) The electric company whose territory abuts the greatest percentage of the site of an aluminum plant that averages more than 100 average megawatts of electricity use per year will collect monthly from the aluminum company a public purpose charge. The aluminum company will remit to the appropriate electric company a public purpose charge equal to 1 percent of the total revenue from the sale of electricity services to the aluminum plant from any source. Annually, the aluminum company will submit to the electric company an affidavit from a certified public accountant verifying that the costs for electricity services at the site of the aluminum plant and the remittance of the public purpose charges are accurate for the previous calendar year.

(6) A retail electricity consumer, including an aluminum plant as described in section (5) of this rule, may receive credits against its public purpose charges for qualifying expenditures incurred for new energy conservation and the above-market costs of new renewable energy resources at any site if the following qualifications for becoming a self-directing consumer are met:

(a) The consumer has used more than one average megawatt of electricity at any such site in the prior calendar year; and

(b) The consumer has received final certification from the Oregon Department of Energy for expenditures for new energy conservation and/or new renewable energy resources.

(7) Self-directing consumers may not claim a public purpose credit for energy conservation measures that were started prior to July 23, 1999. For energy conservation measures that were started on or after July 23, 1999, but prior to the implementation of direct access, a self-directing consumer may claim a public purpose credit if either of the following conditions is met:

(a) The energy conservation measure did not receive funding from an electric company conservation program and was certified by the Oregon Department of Energy after July 23, 1999; or

(b) The energy conservation measure did receive funding from an electric company conservation program and was certified by the Oregon Department of Energy after July 23, 1999, but the self-directing consumer repaid the amount of such funding (cost of audit and incentives plus interest) no later than 90 days following the implementation of direct access; provided that, a self-directing consumer shall not be required to repay the amount of any energy conservation audit related to a conservation measure if the audit was completed prior to January 1, 2000. The cost of an audit that identifies multiple energy conservation measures shall be prorated among such measures.

(c) For purposes of this subsection, "started" means that a contract has been executed to install or implement an energy conservation measure.

(8) The Oregon Department of Energy will establish specific rules and procedures that are consistent with these rules for qualifying a self-directing consumer's expenditures.

(9) The electric company will apply the self-direction credit, determined by the Oregon Department of Energy, toward the consumer's public purpose obligation.

(10) Each electric company will establish five separate accounts for the public purpose charges to be funded from its collections of public purpose charges as follows:

(a) Energy conservation in schools;

(b) New cost-effective local energy conservation and new market transformation;

(d) New low-income weatherization; and

(e) Construction and rehabilitation of low-income housing.

(11) Each electric company will allocate the public purpose funds it collects (billed less uncollectible amounts) from electricity service suppliers and consumers to the five public purpose accounts as follows:

(a) Energy conservation in schools — 10.0 percent;

(b) Local and market transformation conservation — 56.7 percent;

(d) Low-income weatherization — 11.7 percent; and

(e) Low-income housing — 4.5 percent.

(12) Each electric company will adjust the local and market transformation conservation and above market costs of new renewable energy resources accounts specified in subsections 11(b) and (c) of this rule for the credits returned to self-directing customers for conservation or renewable resource expenditures certified by the Oregon Department of Energy.

(13) Each electric company will distribute funds from the public purpose accounts at least monthly as follows:

(a) The funds for conservation in schools to the school districts located in its service territory;

(b) The funds for local and market transformation conservation as directed by the Commission;

(d) The funds for low-income weatherization to the Housing and Community Services Department; and

(e) The funds for low-income housing to the Housing and Community Services Department Revolving Account.

(14) Should the Oregon Department of Energy request reimbursement for costs of administering public purpose funds in accordance with its responsibilities under ORS 757.612(3)(e), the electric companies must, within 30 days, provide reimbursement as provided in ORS 757.612(3)(c). The Oregon Department of Energy's reimbursement request must be limited to activities related to implementing public purpose programs and be consistent with its legislatively approved budget limitation allotted to administer the schools program. On March 1 of each year, the Oregon Department of Energy must provide to the Commission an accounting of the reimbursements received the preceding calendar year for administrative activities performed under ORS 757.612(3)(e).

(15) Each electric company will coordinate with the Oregon Department of Energy to determine, by January 1 of each year, the allocation of public purpose funds for schools to the school districts according to the following methodology:

(a) From the Department of Education, collect current total weighted average daily membership (ADMw) as defined in ORS 327.013 and average daily membership (ADM) for each school district that contains schools served by the electric company;

(b) For each of the school districts, compute the ratio of ADM in schools served by the electric company to total ADM;

(c) For each school district, multiply its total ADMw by the ratio of ADM in schools served by the electric company to total ADM. The result is an estimate of ADMw in schools served by the electric company;

(d) Add the estimates of ADMw for each school district; and

(e) Compute the percentage of the total ADMw represented by each school district. These are the percentages that will be used to allocate the public purpose funds for schools to school districts for the 12-month period beginning on January 1 of each year.

(16) The electric company may be reimbursed for the reasonable administrative costs it incurs to collect and distribute the public purpose funds. Those administrative costs will be deducted from the total amount of public purpose funds collected by the electric company before the funds are allocated to the five public purpose accounts. The electric company will also pay from the total public purpose funds collected or from a specific fund any other administrative costs the Commission directs to be paid for implementation of the public purpose requirements. The entities responsible for administering the public purpose funds will pay for their costs of implementing the public purpose requirements from the public purpose funds they receive from the electric company.

(17) The electric companies and the administrators of the public purpose funds will collect sufficient information so that biennial reports can be made to the Legislature on what has been accomplished with the public purpose funds and how those funds have benefited the consumers of each electric company. Specifically, information must be collected so that the reporting requirements of ORS 757.617 can be fulfilled.

(a) Each electric company must report the total funds collected by source (that is, electric company customers, electricity service suppliers and self-directing consumers) for public purposes, the amounts distributed to the administrators of each public purpose fund, and its administrative costs;

(b) Each administrator of public purpose funds must report, at a minimum:

(A) The amount of funds received;

(B) The amount of funds spent;

(D) Its results, for example, measures installed, projects funded, energy saved, homes weatherized, and low-income homes built/rehabilitated.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 3-2012, f. & cert. ef. 3-15-12
PUC 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
PUC 3-2011, f. & cert. ef. 6-17-11
PUC 13-2007, f. & cert. ef. 12-31-07
PUC 7-2007, f. & cert. ef. 5-15-07
PUC 13-2004, f. & cert. ef. 8-31-04
PUC 11-2002, f. & cert. ef. 3-8-02
PUC 2-2001, f. & cert. ef. 1-5-01
PUC 1-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 860-038-0500 Code of Conduct Purpose

The Code of Conduct rules (OAR 860-038-0500 through 860-038-0640) govern the interactions and transactions among the electric company, its Oregon affiliates, and its competitive operations. The Code of Conduct is designed to protect against market abuses and anti-competitive practices by electric companies in the Oregon retail electricity markets.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2006, f. & cert. ef. 5-11-06
PUC 2-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 860-038-0520 Electric Company Name and Logo

An electric company may allow its Oregon affiliates and its competitive operations the use of its corporate name, trademark, brand, or logo in advertisements of specific electricity services to existing or potential consumers located within the electric company’s service area, as long as the Oregon affiliate or its competitive provider includes a disclaimer in its communications. The disclaimer must be written in a bold and conspicuous manner or be clearly audible, as appropriate for the communication medium. The disclaimer must be included in all print, auditory and electronic advertisements.

(1) The disclaimer for an Oregon affiliate must state the following: {Name of Oregon affiliate} is not the same company as {name of electric company} and is not regulated by the Public Utility Commission of Oregon. You do not have to buy {name of Oregon affiliate}’s products or services to continue to receive your current electricity service from {name of electric company}.

(2) The disclaimer for a competitive operation must state the following: ‘You do not have to buy {product/service name} to continue to receive your current electricity service from {name of electric company}.’

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2006, f. & cert. ef. 5-11-06
PUC 2-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 860-038-0560 Treatment of Competitors

(1) An electric company shall treat the competitors of its Oregon affiliates and its competitive operations fairly in all respects and in a manner consistent with the treatment it affords any of its Oregon affiliates or competitive operations in the electric company’s:

(a) Provision of supply;

(b) Provision of capacity;

(d) Provision of information obtained as a result of providing either electric service to its non-direct access customers within its allocated service territory, or transmission and distribution services to direct access customers;

(e) Offering of discounts;

(f) Tariff discretion; and

(g) Processing requests for electricity related services. This section shall not apply to the provision or joint purchasing of corporate services such as accounting, auditing, financial, legal, or information technology services.

(2) An electric company shall not condition or otherwise tie the provision of any regulated services provided by the electric company, nor the availability of discounts of rates or other charges or fees, rebates, or waivers of terms and conditions of any regulated services provided by the electric company, to the taking of any electricity services or directly related products from its Oregon affiliates or competitive operations.

(3) An electric company shall not assign a consumer to whom it currently provides electricity services to any of its Oregon affiliates or competitive operations, whether by default, direct assignment, option, or by any other means, unless that means is equally available to all competitors.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2006, f. & cert. ef. 5-11-06
PUC 2-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 860-038-0580 Prevention of Cross-subsidization Between Competitive Operations and Regulated Operations

(1) Other than information that is routinely made public by an electric company, or for which a tariff has been approved subject to OAR 860-086-0020, an electric company must not provide electric company operational or marketing information to its competitive operations unless it makes such information available to ESSs and other entities that provide electricity services or directly related products on identical terms and conditions.

(2) The electric company must identify and separately account for revenues and costs of its competitive operations.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2012, f. & cert. ef. 8-24-12
PUC 6-2006, f. & cert. ef. 5-11-06
PUC 25-2003, f. & cert. ef. 12-11-03
PUC 2-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 860-038-0590 Transmission and Distribution Access

(1) An electric company may be relieved of some or all of the requirements of this rule by placing its transmission facilities under the control of a regional transmission organization consistent with FERC Order No. 2000 and obtaining Commission approval of an exemption.

(2) An ESS may request transmission service, distribution service or ancillary services under standard Commission tariffs and FERC-approved tariffs. The electric company must coordinate the filings of these tariffs to ensure that all retail and direct access consumers are offered comparable services at comparable prices.

(3) Except as otherwise directed by OAR 860-038-0290, each electric company must provide nondiscriminatory access to transmission, distribution and ancillary services, including transmission into import-limited areas and local generation resources within import-limited areas, to serve all retail consumers. An electric company may not give preference or priority in transmission and distribution pricing, transmission and distribution access, or access to, pricing of, or provision of ancillary services and local generation resources, to itself or its affiliate relative to persons or entities requesting transmission or distribution access to serve direct access consumers. No preference or priority may be given to, nor any different obligation assigned to, any consumer based solely on whether the consumer is purchasing service from an electric company or an ESS.

(a) Any transmission or distribution capacity to which an electric company has entitlements, by ownership or by contract, for the purpose of serving its Oregon load must be made available to an electric company and ESSs that are serving such load on at least a pro rata basis. An electric company must describe in its tariff filings how it proposes to provide substantively comparable transmission and distribution service to all retail consumers at the same or similar rates if:

(A) Access to the electric company's transmission or distribution facilities or entitlements is restricted by contract or by regulatory obligations in other jurisdictions; or

(B) If providing transmission or distribution service on a pro rata basis would result in stranding generating capacity owned or provided through contract by the electric company.

(b) Except for those ancillary services required by FERC to be purchased from an electric company, an ESS may acquire, on behalf of the retail loads for which it is responsible, all ancillary services required relative to the transmission of electricity by any combination of:

(A) Purchases under the electric company's Open Access Transmission Tariff;

(B) Self-provision; or

(c) Energy imbalance obligations, including the pricing of imbalances and penalties for imbalances, must be developed to reasonably minimize imbalances and to meet the needs of the direct access market environment. The electric company must address such energy imbalance obligations in its proposed FERC tariffs. Energy imbalance obligations imposed upon ESSs, including the entity serving the standard offer load, and consumers purchasing service from the electric company, must comply with the following:

(A) The obligations impose substantively comparable burdens upon ESSs, including the entity serving the standard offer load, and consumers purchasing service from the electric company, and may not unreasonably differentiate between consumers that are entitled to direct access on the basis of customer class, provider of the service, or type of access;

(B) The obligations recognize the practical scheduling and operational limitations associated with serving retail consumer loads in the direct access environment, but require ESSs, including the entity serving the standard offer load, to make reasonable efforts to minimize their energy imbalances on an hourly basis;

(C) The obligations be designed with the objective of deterring ESSs, including the entity serving the standard offer load, and consumers purchasing service from the electric company from burdening electric system operation or gaining economic advantage by under-scheduling, over-scheduling, under-generating or over-generating. The obligations may not be punitive in nature; and

(D) The obligations enable an electric company and ESSs, including the entity serving the standard offer load, to settle for energy imbalance obligations on a financial basis, unless otherwise mutually agreed to by the parties.

(d) Where local generation is required to operate for electric system security or where there is insufficient transmission import capability to serve retail loads without the use of local generation, the electric company must make services available from such local generation under its ownership or control to ESSs consistent with the electric company's provision of services to standard offer consumers, residential consumers, and other retail consumers. The electric company must also specify such obligations in appropriate sales contracts prior to any divestiture of such resources.

(e) The electric company's tariffs must specify prices, terms, and conditions for scheduling, billing, and settlement. Other functions may be specified as needed.

(f) An electric company's tariffs must include a dispute resolution process to resolve issues between the electric company and the ESSs that serve the retail load of an electric company in a timely manner. Such processes must provide that unresolved disputes related to such retail access matters may be appealed to the Commission.

(4) If adherence to this rule requires FERC approval of tariff or contract provisions, the electric company must petition FERC for the approval of the tariff or contract provisions in a timely manner.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.600 - 757.667
PUC 9-2023, amend filed 09/15/2023, effective 09/15/2023
PUC 7-2001, f. & cert. ef. 3-15-01

Or. Admin. R. 860-038-0600 Joint Marketing and Referral Arrangements

(1) For joint marketing, advertising, and promotional activities an electric company shall not:

(a) Provide or acquire leads on behalf of its Oregon affiliates;

(b) Solicit business or acquire information on behalf of its Oregon affiliates;

(c) Give the appearance of speaking or acting on behalf of its Oregon affiliates except that an electric company, pursuant to a customer request, may provide information about electricity services or directly related products offered by the electric company’s Oregon affiliates. Prior to providing the information, the electric company must inform the customer that:

(A) Other providers may exist; and

(B) The customer does not have to purchase these electricity services or directly related products from the electric company’s Oregon affiliate in order for the customer to continue to receive the customer’s current electricity service from the electric company;

(d) Represent to consumers or potential consumers that it can offer electricity services or directly related products from the electric company’s Oregon affiliates bundled or packaged with its tariffed services; or

(e) Request authorization from its consumers to pass on proprietary consumer information exclusively to its Oregon affiliates.

(2) An electric company shall not engage in joint marketing, advertising, or promotion of its electricity services or directly related products with those of its Oregon affiliates in a manner that favors the electricity services or directly related products of the Oregon affiliate. Such joint marketing, advertising, or promotion includes, but is not limited to, the following:

(a) Acting or appearing to act on behalf of its Oregon affiliates in any communications and contacts with any existing or potential consumers, subject to the exception in (1)(c) above;

(b) Joint sales calls;

(d) Joint promotional communications or correspondence, except that an electric company may allow its Oregon affiliates access to consumer bill advertising inserts according to the terms of a Commission approved tariff, so long as access to such inserts is made available on the same terms and conditions to unaffiliated entities offering similar services as the Oregon affiliates that use bill inserts; or

(e) Joint presentations at trade shows, conferences, or other marketing events within the state of Oregon.

(3) An electric company may participate in meetings with its Oregon affiliates to discuss technical or operational subjects regarding the electric company’s provision of transmission or distribution services to the consumer; but only in the same manner and to the same extent the electric company participates in such meetings with unaffiliated entities and their consumers.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2006, f. & cert. ef. 5-11-06
PUC 2-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 860-038-0620 Access to Books and Records

(1) An electric company must provide the Commission with full access to all of the electric company’s and affiliates’ books and records in order to review all transactions between an electric company and its Oregon affiliates.

(2) An electric company and its affiliates shall maintain separate books and records, and, whenever possible, prepare unconsolidated financial statements.

(3) An electric company and its competitive operations shall maintain sufficient records to allow for an audit of the transactions between an electric company and its competitive operations. At its discretion, the Commission may require an electric company to initiate, at the electric company’s expense, an audit of the transactions between an electric company and its competitive operations performed by an independent third party.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2006, f. & cert. ef. 5-11-06
PUC 2-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 860-038-0640 Compliance Filings

By June 1 of each odd numbered year, an electric company must file a verified report prepared by an independent third-party regarding the electric company’s compliance with OAR 860-038-0500 through 860-038-0620 for the prior two calendar years.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2006, f. & cert. ef. 5-11-06
PUC 2-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 860-038-0700 Definitions for New Large Load Direct Access Program

(1) Unless otherwise defined in section (2), the definitions set forth in OAR 860-038-0005 are applicable to New Large Load Direct Access Programs.

(2) As used in the New Large Load Direct Access Program rules:

(a) “Average Historic Cost-of-Service Load” means the average monthly Cost-of-Service Eligible Load during the 60 month period beginning five years prior to the date a consumer gives binding notice of participation in the New Large Load Direct Access Program.

(b) “Cost-of-Service Eligible Load” means the load of a consumer that is eligible for a cost-of-service rate.

(c) “Incremental Demand Side Management” means the effective net impact of energy efficiency measures and demand response implemented at a facility after a consumer gives binding notice of participation in the New Large Load Direct Access Program.

(d) “New Large Load Direct Access Program” means a direct access program offering by an electric utility that meets the requirements set forth in OAR 860-038-0700 through 860-038-0760.

(e) “New Large Load Direct Access Service Transition Rate” means a rate that is applied to load served under the New Large Load Direct Access Program.

History

Statutory/Other Authority: ORS Ch. 183, 756, 757
Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667
PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018

Or. Admin. R. 860-038-0710 Requirement to Enable a New Large Load Direct Access Program

(1) An electric company that enables direct access service must enable a New Large Load Direct Access Program for New Large Load consumers, subject to the requirements set forth in rules governing New Large Load Direct Access Programs. The New Large Load must be separately metered or be measured based on a determination that has comparable accuracy and is mutually agreeable between the electric company and the consumer.

(2) For purposes of these rules, “New Large Load” means any load associated with a new facility, an existing facility, or an expansion of an existing facility, which:

(a) Has never been contracted for or committed to in writing by a cost-of-service consumer with an electric company; and

(b) Is expected to result in a 10 average megawatt or more increase in the consumer’s power requirements during the first three years after new operations begin.

History

Statutory/Other Authority: ORS Ch. 183, 756, 757
Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667
PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018

Or. Admin. R. 860-038-0720 Nonresidential Standard Offer, Default Supply, and Return to Cost of Service

(1) New Large Load Direct Access Program participants are subject to the requirements set forth in OAR 860-038-0250 and OAR 860-038-0280, except as set forth in section (3) of this rule.

(2) A New Large Load Direct Access Program participant may return to cost-of-service rates under the same rates and terms of service as the electric company’s current cost-of-service opt-out offers for direct access service consumers, except as set forth in section (3).

(3) To mitigate the rate impact to existing cost-of service customers, an electric company must request Commission approval of a forward-looking rate adder applicable to New Large Load Direct Access Program participants returning to cost-of-service rates or rates under OAR 860-038-0250 and 860-038-0280 when the electric company forecasts that:

(a) The return to rates under OAR 860-038-0250 and 860-038-0280 for an individual or group of New Large Load Direct Access Program participants will result in a significant increase to existing cost-of-service rate; or

(b) The return to a cost-of-service rate for an individual or group of New Large Load Direct Access Program participants will result in a significant increase to existing cost of service rate.

(4) The Commission will consider the rate adder under Section (3) of this rule as part of a tariff filing.

(5) The electric company must file annual tariff updates that justify any rate adder developed according to this rule or any updates to the approved rate adder.

History

Statutory/Other Authority: ORS Ch. 183, 756, 757
Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667
PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018

Or. Admin. R. 860-038-0730 New Large Load Eligibility Requirements

(1) A New Large Load Direct Access Program is only available for consumers contracting for energy resources that do not include any allocation of coal-fired resources as defined in ORS 757.518 (1)(b)(B) after January 1, 2030. For the purposes of this rule, “coal-fired resource” does not include a facility generating electricity that is included as part of a limited duration wholesale power purchase made by an Energy Service Supplier for immediate delivery to retail electricity consumers that are located in this state for which the source of the power is not known.

(2) Prior to taking service under the program, New Large Load Direct Access participants must sign and provide to the electric company an affidavit representing that the participant’s energy supply will not include any allocation of coal-fired resources consistent with the requirements of section (1).

(a) Prior to providing service, the electric company must provide a copy of the affidavit provided by a New Large Load Direct Access participant to the Commission.

(b) New Large Load Direct Access participants that are found in violation of the provisions of section (2) of this rule will be enrolled in the general cost-of-service opt out program in the next direct access enrollment window.

(3) For at least one period of 12 consecutive months within the first 36 months of receiving service, the actual load of a facility served under the New Large Load Direct Access Program must meet or exceed 10 average megawatts, unless the shortfall in load below that threshold is attributable to equipment failure, energy efficiency, load curtailment or load control, or other causes outside the control of the New Large Load Direct Access Program participant.

History

Statutory/Other Authority: ORS Ch. 183, 756, 757
Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667
PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018

Or. Admin. R. 860-038-0740 New Large Load Program Enrollment and Rates

(1) Each New Large Load consumer must notify the electric company of its intent to enroll in the New Large Load Direct Access Program and opt out of cost-of-service rates at the earlier of either:

(a) A binding written agreement with the utility for eligible new load, or

(b) One year prior to the expected starting date of the incremental load.

(2) Section (1) of this rule is waived for the eligible New Large Load consumer that has entered into a written agreement with an electric company prior to September 30, 2018, indicating its intent to receive distribution service from an electric company and for which the electric company has not planned to provide generation supply service.

(3) An electric company must charge New Large Load Direct Access participants a New Large Load Direct Access Service Transition Rate that recovers the following:

(a) 20 percent of the fixed generation costs for five years; and

(b) All reasonable costs of administering the New Large Load Direct Access Program.

(4) Participants receiving service under the New Large Load Direct Access program must also pay an Existing Load Shortage Transition Adjustment on the sum of the Existing Load Shortage for the participant and the Existing Load Shortage of all of the participant’s affiliated consumers.

(a) For purposes of this rule, “affiliated consumer” means a consumer, a controlling interest which is held by another consumer, engaged in the same line of business as the holder of the controlling interest.

(b) For the purposes of this rule, “Existing Load Shortage” means the larger of zero or a consumer’s Average Historic Cost-of-Service Load plus Incremental Demand Side Management less the average Cost-of-Service Eligible Load during the previous 60 months.

(A) 75 percent of fixed generation costs plus net variable power cost transition adjustments during the first five years after enrollment in the New Large Load Direct Access Program; and

(B) 100 percent of fixed generation costs plus net variable power cost transition adjustments after the first five years of enrollment in the New Large Load Direct Access program.

(5) A participant may be exempted from charges made under section (4) of this rule if the participant can demonstrate that the change in load in question is not due to load shifting activity. For purposes of this rule, “load shifting” means the relocation of facilities, equipment, processes, manufacturing, employees or any economic activity for the deliberate purpose of increasing load at locations participating in the New Large Load Direct Access Program from locations not subject to the New Large Load Direct Access Program. The electric company tariff must include provisions detailing procedures and requirements for a participant to make this demonstration.

(6) A participant must also pay non-bypassable charges, in accordance with OAR 860-038-0170.

History

Statutory/Other Authority: ORS Ch. 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.600 - 757.667
PUC 9-2023, amend filed 09/15/2023, effective 09/15/2023
PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018

Or. Admin. R. 860-038-0750 De-Enrollment Due to Failure to Meet Load Standard

If the actual load of a facility served under the New Large Load Direct Access Program fails to meet the requirements outlined in OAR 860-038-0730(3) and the electric company elects to de-enroll the participant, the electric company must provide written notification to the New Large Load participant and the Commission of its proposal to move the participant to the appropriate cost-of-service rate schedule.

(1) Within 60 days of notification, the participant may provide a written response to the electric company and the Commission to demonstrate that its reduction in load to less than 10 average megawatts was the result of equipment failure, energy efficiency, load curtailment or load control, or other causes outside the control of the New Large Load Direct Access Program participant.

(2) The electric company may not transition a participant to a new rate structure under this provision before 90 days has passed since the notice from the electric company.

History

Statutory/Other Authority: ORS Ch. 183, 756, 757
Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667
PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018

Or. Admin. R. 860-038-0760 Reporting

Each electric company must file a status report to the Commission within two months of total enrollment in New Large Load Direct Access Programs reaching 25 average megawatts, 50 average megawatts, 100 average megawatts, and 80 percent of any enrollment limit adopted by the Commission.

History

Statutory/Other Authority: ORS Ch. 183, 756, 757
Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667
PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018

Division 39 NET METERING RULES

Or. Admin. R. 860-039-0005 Scope and Applicability of Net Metering Facility Rules

(1) OAR 860-039-0010 through 860-039-0080 (the "net metering rules") establish rules governing net metering facilities interconnecting to a public utility as required under ORS 757.300. Net metering is available to a customer-generator only as provided in these rules. These rules do not apply to a public utility that meets the requirements of ORS 757.300(9).

(2) Upon request or its own motion, the Commission may waive any of the division 039 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

(a) A public utility and net metering applicant may mutually agree to reasonable extensions to the required times for notices and submissions of information set forth in these rules for the purpose of allowing efficient and complete review of a net metering application.

(b) If a public utility unilaterally seeks waiver of the timelines set forth in these rules, the Commission must consider the number of pending applications for interconnection review and the type of applications, including review level and facility size.

(3) As used in OAR 860-039-0010 through 860-039-0080:

(a) "ANSI C12.1 standards" means the standards prescribed by the 2022 edition of the American National Standards Institute, Committee C12.1 (ANSI C12.1), entitled "American National Standard for Electric Meters - Code for Electricity Metering," approved by the C12.1 Accredited Standard Committee on June 9, 2022.

(b) "Applicant" means a person who has filed an application to interconnect a net metering facility to an electric distribution system.

(c) “Contiguous” means a single area of land that is considered to be contiguous even if there is an intervening public or railroad right of way, provided that rights of way land on which municipal infrastructure facilities exist (such as street lighting, sewerage transmission, and roadway controls) are not considered contiguous.

(d) "Customer-generator" means the person who is the user of a net metering facility and who has applied for and been accepted to receive electricity service at a premises from the serving public utility.

(e) "Distribution system" means that portion of an electric system which delivers electricity from transformation points on the transmission system to points of connection at a customer's premises.

(f) "Equipment package" means a group of components connecting an electric generator with an electric distribution system, and includes all interface equipment including switchgear, inverters, or other interface devices. An equipment package may include an integrated generator or electric production source.

(g) "Export capacity" means the amount of power that can be transferred from the small generator facility to the distribution system. Export capacity is either the nameplate rating or a lower amount if limited using an acceptable means identified in OAR 860-082-0033.

(h) "Fault current" means electrical current that flows through a circuit and is produced by an electrical fault, such as to ground, double-phase to ground, three-phase to ground, phase-to-phase, and three-phase.

(i) "Generation capacity" means the nameplate capacity of the power generating device(s) in alternating current (AC). Generation capacity does not include the effects caused by inefficiencies of power conversion or plant parasitic loads.

(j) "Good utility practice" means a practice, method, policy, or action engaged in or accepted by a significant portion of the electric industry in a region, which a reasonable utility official would expect, in light of the facts reasonably discernable at the time, to accomplish the desired result reliably, safely and expeditiously.

(k) "IEEE 1547" means the standards published in the 2018 edition of the Institute of Electrical and Electronics Engineers (IEEE) Standard 1547, titled "IEEE Standard for Interconnection and Interoperability of Distributed Energy Resources with Associated Electric Power Systems Interfaces," approved by the IEEE SA Standards Board on February 15, 2018.

(l) "IEEE 1547.1" means the standards published in the 2020 edition of the IEEE Standard 1547.1, titled "IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems and Associated Interfaces," and approved by the IEEE SA Standards Board on March 5, 2020.

(m) "Impact study" means an engineering analysis of the probable impact of a net metering facility on the safety and reliability of the public utility's electric distribution system.

(n) "Interconnection agreement" means an agreement between a customer-generator and a public utility, which governs the connection of the net metering facility to the electric distribution system, as well as the ongoing operation of the net metering facility after it is connected to the system. An interconnection agreement will follow the standard form agreement developed by the public utility and filed with the Commission.

(o) "Interconnection facilities study" means a study conducted by a utility for the customer-generator that determines the additional or upgraded distribution system facilities, the cost of those facilities, and the time schedule required to interconnect the net metering facility to the utility's distribution system.

(p) "Nationally recognized testing laboratory" or "NRTL" means a qualified private organization that performs independent safety testing and product certification. Each NRTL must meet the requirements set forth by the United States Occupational Safety and Health Administration.

(q) "Net metering facility" means a net metering facility as defined in ORS 757.300(1)(d).

(r) "Non-residential customer" means a retail electricity consumer that is not a residential customer, except "non-residential customer" does not include a customer who would be a residential customer but for the residency provisions of subsection (v) of this rule.

(s) "Point of common coupling" means the point beyond the customer-generator's meter where the customer-generator facility connects with the electric distribution system.

(t) "Public utility" has the meaning set forth in ORS 757.005 and is limited to a public utility that provides electric service.

(u) "Reference point of applicability" (RPA) means a location proximate to the generation where the interconnection and interoperability performance requirements, as specified by IEEE 1547, apply.

(v) "Residential customer" means a retail electricity consumer that resides at a dwelling primarily used for residential purposes. "Residential customer" does not include retail electricity customers in a dwelling typically used for residency periods of less than 30 days, including hotels, motels, camps, lodges, and clubs. "Dwelling" includes, but is not limited to, single-family dwellings, separately-metered apartments, adult foster homes, manufactured dwellings, and floating homes.

(w) "Spot network" means a type of electric distribution system that uses two or more inter-tied transformers protected by network protectors to supply an electrical network circuit. A spot network may be used to supply power to a single customer or a small group of customers.

(x) "Written notice" means a required notice sent by the utility via electronic mail if the customer-generator has provided an electronic mail address. If the customer-generator has not provided an electronic mail address, or has requested in writing to be notified by United States mail, or if the utility elects to provide notice by United States mail, then written notices from the utility must be sent via First Class United States mail to the notification address provided by the customer-generator. The utility is deemed to have fulfilled its duty to respond under these rules on the day it sends the customer-generator notice via electronic mail or deposits such notice in First Class mail. The customer-generator is responsible for informing the utility of any changes to its notification address.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 5-2018, minor correction filed 09/13/2018, effective 09/13/2018
PUC 1-2012, f. & cert. ef. 2-22-12
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 5-2011, f. & cert. ef. 9-7-11
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0010 Net Metering Kilowatt Limit

(1) For residential customer-generators of a public utility, these rules apply to net metering facilities that have a generating capacity of 25 kilowatts or less.

(2) For non-residential customer-generators of a public utility, these rules apply to net metering facilities that have a generating capacity of two megawatts or less.

(3) Nothing in these rules is intended to limit the number of net metering facilities per customer-generator so long as the net metering facilities in aggregate on the customer-generator's contiguous property do not exceed the applicable kilowatt or megawatt limit.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.300
PUC 5-2011, f. & cert. ef. 9-7-11
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0015 Installation, Operation, Maintenance, and Testing of Net Metering Facilities

(1) Except for customer-generators established as net metering customers prior to the effective date of this rule, a customer-generator of a public utility must install, operate and maintain a net metering facility in compliance with IEEE 1547 and IEEE 1547.1.

(2) Except for customer-generators established as net metering customers prior to the effective date of this rule, a customer-generator of a public utility must install and maintain a manual disconnect switch that will disconnect the net metering facility from the public utility’s system. The disconnect switch must be a lockable, load-break switch that plainly indicates whether it is in the open or closed position. The disconnect switch must be readily accessible to the public utility at all times and located within 10 feet of the public utility’s meter.

(a) For customer services of 600 volts or less, a public utility may not require a disconnect switch for a net metering facility that is inverter-based with a maximum rating as shown below.

(A) Service type: 240 Volts, Single-phase, 3 Wire — Maximum size 7.2 kW AC.

(B) Service type: 120/208 Volts, 3-Phase, 4 Wire — Maximum size 10.5 kW AC.

(D) Service type: 277/480, 3-Phase, 4 Wire — Maximum size 25.0 kW AC.

(E) For other service types, the net metering facility must not impact the customer-generator’s service conductors by more than 30 amperes.

(b) The disconnect switch may be located more than 10 feet from the public utility meter if permanent instructions are posted at the meter indicating the precise location of the disconnect switch. The public utility must approve the location of the disconnect switch prior to the installation of the net metering facility.

(3) The customer-generator’s electric service may be disconnected by the public utility entirely if the net metering facility must be physically disconnected for any reason.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 4-2008, f. & cert. ef. 10-9-08
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0020 Net Metering Facility Requirements

(1) To qualify for the Tier 1 and the Tier 2 interconnection review procedures set forth below, a net metering facility must be certified as complying with the following standards, as applicable:

(a) IEEE 1547 standards; and

(b) UL 1741, Third Edition, Supplement SB (2021).

(2) An equipment package will be considered certified for interconnected operation if it has been submitted by a manufacturer to an NRTL and has been tested and listed by the laboratory for continuous interactive operation with an electric distribution system in compliance with the applicable codes and standards listed in section (1) of this rule.

(3) If the equipment package has been tested and listed in accordance with this section as an integrated package, which includes a generator or other electric source, the equipment package will be deemed certified, and the public utility will not require further design review, testing or additional equipment.

(4) If the equipment package includes only the interface components (switchgear, inverters, or other interface devices), an interconnection applicant must show that the generator or other electric source being utilized with the equipment package is compatible with the equipment package and consistent with the testing and listing specified for the package. If the generator or electric source being utilized with the equipment package is consistent with the testing and listing performed by the NRTL, the equipment package will be deemed certified, and the public utility will not require further design review, testing or additional equipment.

(5) A net metering facility must be equipped with metering equipment that can measure the flow of electricity in both directions, comply with ANSI C12.1 standards and OAR 860-023-0015. The public utility will install the required metering equipment at the utility’s expense.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0025 Application for Net Metering Interconnection

(1) An application for interconnection review will be submitted on a standard form, available from the public utility and posted on the public utility’s website. The application form will require the following types of information:

(a) The name of the applicant and the public utility involved;

(b) The type and specifications of the net metering facility;

(d) The contractor who will install the net metering facility;

(e) Equipment certifications;

(f) The anticipated date the net metering facility will be operational; and

(g) Other information that the utility deems is necessary to determine compliance with these net metering rules.

(2) Within three business days after receiving an application for Tier 1 or Tier 2 interconnection review, the public utility will provide written or electronic mail notice to the applicant that it received the application and whether the application is complete. An application for interconnection is deemed complete when the public utility receives the information required by this rule. If the application is incomplete, the written notice will include a list of all of the information needed to complete the application. The applicant must provide the listed information within 10 business days of receipt of the list, or the application is deemed withdrawn.

(3) An applicant will retain its original queue position for an interconnection request if the applicant resubmits its application at a higher tier of review within 30 business days of a utility’s denial of the application at a lower tier of review.

(4) Each public utility will designate an employee or office from which an applicant can obtain basic application forms and information through an informal process. On request, the public utility must provide all relevant forms, documents, and technical requirements for submittal of a complete application for interconnection review under these net metering rules, as well as specific information necessary to contact the public utility representatives assigned to review the application.

(5) On request, the public utility must meet with an applicant who qualifies for Tier 2 or Tier 4 interconnection review to assist them in preparing the application.

(6) A public utility will not be responsible for the cost of determining the rating of equipment owned by a customer-generator or of equipment owned by other local customers.

(7) At the time of application, an applicant may choose to simultaneously submit an executed public utility's standard form interconnection agreement.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0030 Tier 1 Net Metering Interconnection Review

(1) A net metering facility meeting the following criteria is eligible for Tier 1 interconnection review:

(a) The facility is inverter-based; and

(b) The facility has a generation capacity of 50 kilowatts or less and an export capacity of 25 kilowatts or less.

(2) The public utility must approve a complete application for interconnection under the Tier 1 net metering interconnection review procedure if the net metering facility meets the eligibility requirements in section (1) of this rule and the facility meets the Tier 1 interconnection screening criteria set forth in OAR 860-082-0045(2)(a)-(f):

(3) Within 10 business days after the public utility notifies a Tier 1 applicant that the application is complete, the public utility must notify the applicant whether the facility meets the Tier 1 screening criteria.

(4) If a public utility does not notify a Tier 1 applicant in writing or by electronic mail whether the interconnection application passes the Tier 1 screening criteria within 20 business days after the receipt of a complete application, the interconnection application will be deemed approved. Interconnections approved under this section remain subject to sections (7) and (8) below.

(5) Approval despite screen failure.

(a) Despite the failure of one or more screening criteria, the public utility, at its sole option, may approve the interconnection provided such approval is consistent with safety and reliability.

(b) If the public utility determines that the customer-generator can be interconnected safely if minor modifications to the transmission or distribution system were made (for example, changing meters, fuses, or relay settings), then the public utility must offer the applicant a good-faith, non-binding estimate of the costs of such proposed minor modifications. Modifications are not considered minor under this subsection if the total cost of the modifications exceeds $10,000. If the applicant authorizes the public utility to proceed with the minor modifications and agrees to pay the entire cost of the modifications, then the public utility must approve the application.

(6) Process after screen failure. If the public utility cannot determine that the customer-generator may nevertheless be interconnected consistent with safety, reliability, and power quality standards, at the time the public utility notifies the applicant of the Tier 1 review results the public utility shall provide the applicant with:

(a) The screen results, including specific information on the reason(s) for failure in writing using a standard format approved by the Commission; and

(b) An executable Supplemental Review Agreement.

(A) Request an applicant options meeting;

(B) Undergo supplemental review in accordance with OAR 860-082-0063; or

(d) The applicant must notify the public utility of its selection under subsection (c) within 10 business days, or the application will be deemed withdrawn.

(7) Applicant options meeting. If the applicant requests an applicant options meeting, the public utility shall offer to convene a meeting at a mutually agreeable time within 15 business days of the applicant's request. At the applicant options meeting, the public utility shall provide the applicant the opportunity to review the screen analysis and related results, to designate a different RPA, to review possible customers-generator modifications, and to discuss what further steps are needed to permit the net metering facility to connect safely and reliably.

(8) With three business days after sending the notice to an applicant that the proposed interconnection application meets the Tier 1 interconnection requirements, a public utility must notify the applicant whether:

(a) An inspection of the net metering facility for compliance with the net metering rules is required prior to the operation of the facility; and

(b) An interconnection agreement is required for the net metering facilities. If required, the public utility must also execute and send to the applicant a Tier 1 interconnection agreement, unless the applicant has already submitted such an agreement with its application for interconnection.

(9) On receipt of any required executed interconnection agreement from the applicant and satisfactory completion of any required inspection, the public utility will approve the interconnection, conditioned on compliance with all applicable building codes.

(10) A customer-generator will notify the public utility of the anticipated start date for operation of the net metering facility at least five business days prior to starting operation, either through the submittal of the interconnection agreement or in a separate notice. If the public utility requires an inspection of the net metering facility, the applicant will not begin operating the facility until satisfactory completion of the inspection.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0035 Tier 2 Net Metering Interconnection Review

(1) A public utility must apply the following Tier 2 interconnection review procedure for an application to interconnect a net metering facility that meets the following criteria:

(a) The facility has a capacity of two megawatts or less; and

(b) The facility does not qualify for Tier 1 interconnection review procedures.

(2) The public utility must approve an application for interconnection under the Tier 2 interconnection review if the net metering facility meets the eligibility requirements in section (1) of this rule and the facility meets the Tier 2 interconnection screening criteria set forth at OAR 860-082-0050(2)(a)-(l).

(3) The public utility must perform an initial review of the proposed interconnection to determine whether the interconnection meets the applicable criteria. During this initial review, the public utility may, at its own expense, conduct any studies or tests it deems necessary to evaluate the proposed interconnection. Within 15 business days after notifying a Tier 2 applicant that the application is complete, the public utility must provide the applicant written notice of one of the following determinations:

(a) The net metering facility meets the applicable requirements and that interconnection will be approved following any required inspection of the facility and fully executed interconnection agreement. Within three business days after this notice, the public utility will provide the applicant with an executable interconnection agreement;

(b) The net metering facility failed to meet one or more of the applicable requirements, but the public utility determined that the net metering facility may nevertheless be interconnected consistent with safety, reliability, and power quality. In this case, the public utility will notify the applicant that the interconnection will be approved following any required inspection of the facility and fully executed interconnection agreement. Within five business days after this notice, the public utility will provide the applicant with an executable interconnection agreement; or

(c) The net metering facility failed to meet one or more of the applicable requirements, and that additional review would not enable the public utility to determine that the net metering facility could be interconnected consistent with safety, reliability, and power quality. In such a case, the public utility will notify the applicant that the interconnection application failed the screening criteria, including a list of additional information, or modifications to the net metering facility, or both, which would be required in order to obtain an approval under Tier 2 interconnection procedures.

(4) Process after screen failure. If the public utility cannot determine that the customer-generator may nevertheless be interconnected consistent with safety and reliability standards, at the time the public utility notifies the applicant of the Tier 2 review results the public utility shall provide the applicant with:

(a)The screen results including specific information on the reason(s) for failure in writing using a standard format approved by the Commission, and

(b) An executable Supplemental Review Agreement.

(A) Request an applicant options meeting;

(B) Undergo supplemental review in accordance with OAR 860-082-0063; or

(d) The applicant must notify the public utility of its selection under subsection (c) within 10 business days, or the application will be deemed withdrawn.

(5) Approval despite screen failure.

(a) Despite the failure of one or more screening criteria, the public utility, at its sole option, may approve the interconnection provided such approval is consistent with safety and reliability.

(6) Applicant options meeting. If the applicant requests an applicant options meeting, the public utility shall offer to convene a meeting at a mutually agreeable time within 15 business days of the applicant’s request. At the applicant options meeting the public utility shall provide the applicant the opportunity to review the screen analysis and related results, to designate a different RPA, to review possible customers-generator modifications, and to discuss what further steps are needed to permit the net metering facility to connect safely and reliably.

(7) An applicant that receives an interconnection agreement under subsection (3)(a) or (3)(b) of this rule must:

(a) Execute the agreement and return it to the public utility at least 10 business days prior to starting operation of the net metering facility (unless the public utility does not so require); and

(b) Indicate to the public utility the anticipated start date for operation of the net metering facility.

(8) The public utility may require a public utility inspection of a net metering facility for compliance with these net metering rules prior to operation and may require and arrange for witness of commissioning tests as set forth in IEEE 1547 and IEEE 1547.1. The public utility must schedule any inspections or tests under this section promptly and within a reasonable time after submittal of the application. The applicant may not begin operating the net metering facility until after the inspection and testing is completed.

(9) Approval of interconnected operation of any Tier 2 net metering facility must be conditioned on all of the following occurring:

(a) Approval of the interconnection by the electrical code official with jurisdiction over the interconnection;

(b) Successful completion of any public utility inspection or witnessing, or both, of commissioning tests requested by the public utility; and

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0040 Tier 4 Net Metering Interconnection Review

(1) The public utility must apply the Tier 4 review procedure for an application to interconnect a net metering facility that meets the following criteria:

(a) The facility has a capacity of two megawatts or less; and

(b) The facility does not qualify for or failed to receive approval in Tier 1 or Tier 2 interconnection review procedures.

(2) Following receipt of a Tier 4 application and within three business days of a request from the applicant, the public utility must provide pertinent information to the applicant, such as the available fault current at the proposed interconnection location, the existing peak loading on the lines in the general vicinity of the net metering facility, and the configuration of the distribution lines at the proposed point of common coupling.

(3) Within seven business days after receiving a complete application for Tier 4 interconnection review, the public utility must provide an impact study agreement to the applicant, which will include a non-binding, good faith cost estimate for an impact study to be performed by the public utility. The impact study will be conducted in accordance with good utility practice and must:

(a) Detail the impacts to the electric distribution system that would result if the net metering facility were interconnected without modifications to either the net metering facility or to the electric distribution system;

(b) Identify any modifications to the public utility's electric distribution system that would be necessary to accommodate the proposed interconnection;

(d) Include the following elements, as applicable:

(A) A load flow study;

(B) A short-circuit study;

(D) The impact on the operation of the electric distribution system;

(E) A stability study, along with the conditions that would justify including this element in the impact study;

(F) A voltage collapse study, along with the conditions that would justify including this element in the impact study; and

(G) Additional elements, if approved in writing by Commission staff prior to the impact study.

(4) After the applicant executes the impact study agreement and pays the public utility the amount of the good faith estimate, the public utility will complete the impact study and will notify the applicant within 30 calendar days of one of the following results:

(a) Only minor modifications to the public utility's electric distribution system are necessary to accommodate interconnection. In such a case, the public utility will send the applicant an interconnection agreement that details the scope of the necessary modifications and a non-binding, good faith estimate of their cost; or

(b) Substantial modifications to the public utility's electric distribution system are necessary to accommodate the proposed interconnection. In such a case, the public utility must provide a non-binding, good faith estimate of the cost of the modifications, which must be accurate to within plus or minus 25 percent. In addition, the public utility must offer to conduct, at the applicant’s expense, an interconnection facilities study that must identify the types and cost of equipment needed to safely interconnect the applicant's net metering facility.

(5) If the proposed interconnection may affect electric transmission or delivery systems other than those controlled by the public utility, operators of those other systems may require additional studies to determine the potential impact of the interconnection on those systems. If such additional studies are required, the public utility will coordinate the studies but will not be responsible for their timing. The applicant will be responsible for the costs of any such additional studies required by another affected system. Such studies will be conducted only after the applicant has provided written authorization.

(6) If an applicant requests a facilities study under subsection (4)(b), the public utility must provide an interconnection facilities study agreement. The interconnection facilities study agreement must describe the work to be undertaken in the interconnection facilities study and must include a non-binding, good faith estimate of the cost to the applicant for completion of the study. Upon the execution by the applicant of the interconnection facilities study agreement, the public utility will conduct an interconnection facilities study to identify the facilities necessary to safely interconnect the net metering facility with the public utility's electric distribution system, and to propose a non-binding, good faith estimate of the cost of those facilities and the time required to build and install those facilities.

(7) Upon completion of an interconnection facilities study, the public utility must provide the applicant with the results of the study and an executable interconnection agreement. The agreement must list the conditions and facilities necessary for the net metering facility to safely interconnect with the public utility's electric distribution system, and must include a non-binding, good faith estimate of the cost of those facilities and the estimated time required to build and install those facilities.

(8) If the applicant wishes to interconnect, it must execute the interconnection agreement and return it to the public utility at least 10 business days prior to starting operation of the net metering facility (unless the public utility does not so require), pay a deposit of not more than 50 percent of the estimated cost of the facilities identified in the interconnection facilities study, complete installation of the net metering facility, and agree to pay the public utility the actual installed cost of the facilities needed to interconnect as identified in the interconnection facilities study.

(9) Within 15 business days after notice from the applicant that the net metering facility has been installed, the public utility will inspect the net metering facility and will arrange to witness any commissioning tests required under IEEE standards. The public utility and the applicant will select a date by mutual agreement for the public utility to witness commissioning tests.

(10) If the net metering facility satisfactorily passes required commissioning tests, if any, the public utility must notify the applicant in writing, within three business days after the tests, of one of the following:

(a) The interconnection is approved, and the net metering facility may begin operation; or

(b) The interconnection facilities study identified necessary construction that has not been completed, the date upon which the construction will be completed and the date when the net metering facility may begin operation.

(11) If the commissioning tests are not satisfactory, the applicant will repair or replace the unsatisfactory equipment and reschedule a commissioning test.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0045 Net Metering Interconnection Fees and Costs

(1) A public utility may not charge an application, or other fee, to an applicant that requests Tier 1 interconnection review. However, if an application for Tier 1 interconnection review is denied, and the applicant resubmits the application under another review procedure, the public utility may impose a fee for the resubmitted application, consistent with this section.

(2) For a Tier 2 interconnection review, the public utility may charge fees of up to $50.00 plus $1.00 per kilowatt of the net metering facility's capacity, plus the reasonable cost of any required minor modifications to the electric distribution system or additional review. Costs for such minor modifications or additional review will be based on the public utility’s non-binding, good faith estimates and the ultimate actual installed costs. Costs for engineering work done as part of any additional review will not exceed $100.00 per hour. A public utility may adjust the $100.00 hourly rate once in January of each year to account for inflation and deflation as measured by the Consumer Price Index.

(3) For a Tier 4 interconnection review, the public utility may charge fees of up to $100.00 plus $2.00 per kilowatt of the net metering facility's capacity, as well as charges for actual time spent on any required impact or facilities studies. Costs for engineering work done as part of an impact study or interconnection facilities study will not exceed $100.00 per hour. A public utility may adjust the $100.00 hourly rate once in January of each year to account for inflation and deflation as measured by the Consumer Price Index. If the public utility must install facilities in order to accommodate the interconnection of the net metering facility, the cost of such facilities will be the responsibility of the applicant.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0050 Requirements After Approval of a Net Metering Interconnection

(1) A public utility may not require an applicant whose facility meets the criteria for interconnection approval under the Tier 1 or Tier 2 interconnection review procedure to perform or pay for additional tests, except if agreed to by the applicant.

(2) A public utility may not charge any fee or other charge for connecting to the public utility's distribution system or for operation of a net metering facility for the purposes of net metering, except for the fees provided for under these net metering rules.

(3) Once a net metering interconnection has been approved under these net metering rules, the public utility may not require a customer-generator to test or perform maintenance on its facility except for the following:

(a) An annual test in which the net metering facility is disconnected from the public utility's equipment to ensure that the inverter stops delivering power to the grid;

(b) Any manufacturer-recommended testing or maintenance;

(d) The customer-generator replaces a major equipment component that is different from the originally installed model.

(4) When an approved net metering facility undergoes maintenance or testing in accordance with the requirements of these net metering rules, the customer-generator must retain written records for seven years documenting the maintenance and the results of testing.

(5) A public utility has the right to inspect a customer-generator's facility after interconnection approval is granted, at reasonable hours and with reasonable prior notice to the customer-generator. If the public utility discovers that the net metering facility is not in compliance with the requirements of these net metering rules, the public utility may require the customer-generator to disconnect the net metering facility until compliance is achieved.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0055 Net Metering Billing

(1) Each monthly billing period, the public utility will charge the customer-generator the minimum monthly charge and all applicable charges for the net electricity that the public utility supplied. Subject to sections (2) and (3) of this rule, if in a monthly billing period a customer-generator supplies to the public utility more electricity than the public utility supplies the customer-generator, the public utility will apply the excess kilowatt-hours as a cumulative credit to the customer-generator’s next monthly bill. The credit for the excess kilowatt-hours will be applied at the full retail rate for each rate component on the bill that uses kilowatt-hours as the billing determinant.

(2) Unless the public utility and the customer-generator otherwise agree, the annual billing cycle will end at the end of the March billing month of each year. Should the public utility and a customer-generator reach an agreement for a billing cycle ending other than at the end of the March billing month, the public utility must inform the Commission in writing of the alternative billing period within 30 calendar days of the agreement’s execution.

(3) The alternative billing period must be for a period of twelve months or less.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.300
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0060 Excess Energy from Net Metering Facilities

(1) Any unused kilowatt-hour credit accumulated by a customer-generator of a public utility at the conclusion of the annual billing cycle will be transferred, in a manner approved by the Commission, to customers enrolled in the public utility’s low-income assistance programs. The public utility will value any unused kilowatt-hour credit at the applicable average annual avoided cost tariff rate.

(2) The customer-generator may not elect to receive a credit or payment for any unused credit accumulated at the conclusion of the annual billing cycle.

(3) The public utility will report in writing to the Commission by July 1 each year the unused kilowatt-hour credits and the dollar amount transferred to the low-income assistance program in the previous billing year.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.300
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0065 Aggregation of Meters for Net Metering

(1) For the purpose of measuring electricity usage under the net metering program, a public utility must, upon request from a customer-generator, aggregate for billing purposes the meter that is physically attached to the net metering facility ("designated meter") with one or more meters ("aggregated meter") in the manner set out in this rule. This rule is mandatory upon the public utility only when:

(a) The aggregated meters are located on the customer-generator's premises or property that is contiguous to such premises;

(b) The electricity recorded by the designated meter and any aggregated meters is for the customer-generator's requirements, and;

(2) When a customer-generator aggregates one or more meters that are subject to a different rate schedule than the designated meter, the facilities capacity limit in OAR 860-039-0010 is determined by the rate applicable to the designated meter.

(3) A customer-generator must give at least 60 days' notice to the utility to request that additional meters be included in meter aggregation. The specific meters must be identified at the time of such request. In the event that more than one additional meter is identified, the customer-generator must designate the rank order for the aggregated meters to which net metering credits are to be applied, and must rank aggregated meters subject to the same rate schedule as the designated meter above any other meters. At least 60 days in advance of the beginning of the next annual billing period, a customer-generator may amend the rank order of the aggregated meters, subject to the requirements of this rule.

(4) The aggregation of meters will apply only to charges that use kilowatt-hours as the billing determinant. All other charges applicable to each meter account will be billed to the customer-generator.

(5) The utility will first apply the kWh credit to the charges for the designated meter and then to the charges for the aggregated meters in the rank order specified by the customer-generator. If in a monthly billing period the net metering facility supplies more electricity to the public utility than the energy usage recorded by the customer-generator's designated and aggregated meters, the utility will apply credits to the next monthly bill for the excess kilowatt-hours first to the designated meter, then to aggregated meters in the rank order specified by the customer-generator. Public utilities subject to ORS 757.300(2) through (8) must specify in tariffs how the kWh credits will be applied when rate schedules have non-uniform kWh charges.

(6) With the Commission's prior approval, a public utility may charge the customer-generator requesting to aggregate meters a reasonable fee to cover the administrative costs of this provision pursuant to a tariff approved by the Commission.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.300
PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 5-2011, f. & cert. ef. 9-7-11
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0070 Public Utility Maps, Records and Reports

(1) Each public utility must maintain current maps and records of customer-generator net metering facilities showing size, location, generator type, and date of installation.

(2) By April 1 of each year, the public utility will submit to the Commission an annual report with the following summary information for the previous year:

(a) The total number of net metering facilities by resource type; and

(b) The total estimated rated generating capacity of net metering facilities by resource type.

(3) Upon request, each public utility must file with the Commission maps, records, and reports to identify, locate and summarize net metering facilities. All maps, records, and reports which the Commission may require the public utility to file must be in a form satisfactory to the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.300
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0075 Public Utility Not to Limit Net Metering Systems

A public utility will not limit the cumulative generating capacity of net metering systems in any manner except as expressly ordered by the Commission under ORS 757.300(6).

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.300
PUC 8-2007, f. & cert. ef. 7-27-07

Or. Admin. R. 860-039-0080 Net Metering Insurance

A public utility will not require a customer-generator whose net metering facility is in compliance with the standards in paragraphs (a) and (b) of ORS 757.300(4) and the safety standards contained in these rules to purchase additional liability insurance or to name the utility as an additional insured on the customer-generator’s liability insurance policy.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.300
PUC 8-2007, f. & cert. ef. 7-27-07

Division 82 SMALL GENERATOR INTERCONNECTION RULES

Or. Admin. R. 860-082-0005 Scope and Applicability

(1) OAR 860-082-0005 through 860-082-0085 (the “small generator interconnection rules”) govern the interconnection of a small generator facility with a nameplate rating of 10 megawatts or less to a public utility’s transmission or distribution system. These rules do not apply if the interconnection between the small generator facility and the public utility is subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC).

(2) Except as specified in OAR 860-082-0025(1)(b), the small generator interconnection rules do not apply retroactively to a small generator facility that was interconnected to a public utility’s transmission or distribution system prior to the effective date of the small generator interconnection rules (an “existing small generator facility”). These rules become applicable to an existing small generator facility at the expiration of the agreement governing the terms of the interconnection of the existing small generator facility to the interconnected public utility’s transmission or distribution system. If an existing agreement does not have an expiration date, then the small generator interconnection rules become applicable to the existing small generator facility 10 years after the effective date of the rules. An existing small generator facility must submit an application under OAR 860-082-0025(1)(e) to the interconnected public utility no later than 60 business days before the date that the small generator interconnection rules become applicable.

(3) Except where explicitly noted in OAR chapter 860, division 039, the small generator interconnection rules do not apply to the interconnection of a net metering facility, which is governed by OAR chapter 860, division 039.

(4) A small generator facility that qualifies as a “small power production facility” under OAR 860-029-0010(25) must also comply with the rules in OAR chapter 860, division 029. If there is a conflict between the small generator interconnection rules and the rules in OAR chapter 860, division 029, then the small generator interconnection rules control.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0010 Waiver

(1) Upon request or its own motion, the Commission may waive any of the Division 082 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

(2) A public utility and an applicant or interconnection customer may agree to reasonable extensions to the required timelines in these rules without requesting a waiver from the Commission.

(a) If a public utility and an applicant or interconnection customer are unable to agree to waive a timeline, then the public utility, applicant, or interconnection customer may request that the Commission grant a waiver.

(b) In deciding whether to grant a waiver of a timeline, the Commission will consider the number of pending applications for interconnection review and the type of applications, including review level, facility type, and facility size.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 756.060
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0015 Definitions

As used in OAR 860-082-0005 through 860-082-0085:

(1) “Adverse system impact” means a negative effect caused by the interconnection of a small generator facility that may compromise the safety or reliability of a transmission or distribution system.

(2) “Affected system” means a transmission or distribution system, not owned or operated by the interconnecting public utility, which may experience an adverse system impact from the interconnection of a small generator facility.

(3) “Aggregated export capacity” means the total combined export capacity of:

(a) A proposed small generator facility;

(b) Existing small generator facilities, net metering facilities, FERC jurisdictional generators, and state jurisdictional generators with a nameplate rating greater than 10 megawatts; and

(c) Small generator facilities, net metering facilities, FERC jurisdictional generators, and state jurisdictional generators with a nameplate rating greater than 10 megawatts that have pending completed applications with higher queue positions than the proposed small generator facility.

(4) “Aggregated nameplate rating” means the total combined nameplate rating of:

(a) A proposed small generator facility;

(b) Existing small generator facilities, net metering facilities, FERC jurisdictional generators, and state jurisdictional generators with a nameplate rating greater than 10 megawatts; and

(5) “Applicant” means a person who has submitted an application to interconnect a small generator facility to a public utility’s transmission or distribution system.

(6) “Application” means a written request to interconnect a small generator facility with a public utility’s transmission or distribution system, which must follow the standard form developed by the public utility and approved by the Commission.

(7) “Area network” means a type of distribution system served by multiple transformers interconnected in an electrical network circuit in order to provide high reliability of service.

(8) “Certificate of completion” means a certificate signed by an applicant and an interconnecting public utility attesting that a small generator facility is complete, meets the applicable requirements of the small generator interconnection rules, has passed all applicable federal, state, and local inspection requirements, and is certified as physically ready for operation. A certificate of completion includes the “as built” specifications and initial settings for the small generator facility and its associated interconnection equipment.

(9) “Distribution system” means the portion of an electric system that delivers electricity from transformation points on the transmission system to points of connection on a customer’s premises.

(10) “Energy storage system” means a mechanical, electrical, or electrochemical means to store and release electrical energy, and its associated interconnection and control equipment. For the purposes of these rules, an energy storage system can be considered part of a small generator facility or a small generator facility in whole that operates in parallel with the distribution system.

(11) “Export capacity” means the amount of power that can be transferred from the small generator facility to the distribution system. Export capacity is either the nameplate rating, or a lower amount if limited using an acceptable means identified in OAR 860-082-0033.

(12) “Fault current” means an electrical current that flows through a circuit during a fault condition. A fault condition occurs when one or more electrical conductors contact ground or each other. Types of faults include phase to ground, double-phase to ground, three-phase to ground, phase to phase, and three-phase.

(13) “Field-tested equipment” means interconnection equipment that is identical to equipment that was approved by the interconnecting public utility for a different small generator facility interconnection and successfully completed a witness test under the requirements included in the current version of the public utility’s interconnection requirements handbook before the date of the submission of the current application.

(14) "Host load” means electrical power, less the small generator facility auxiliary load, consumed by the customer at the location where the small generator facility is connected.

(15) “IEEE 1547” means the standards published in the 2018 edition of the Institute of Electrical and Electronics Engineers (IEEE) Standard 1547, titled “IEEE Standard for Interconnection and Interoperability of Distributed Energy Resources with Associated Electric Power Systems Interfaces” and approved by the IEEE SA Standards Board on February 15, 2018.

(16) “IEEE 1547.1” means the standards published in the 2020 edition of the IEEE Standard 1547.1, titled “IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems and Associated Interfaces” and approved by the IEEE SA Standards Board on March 5, 2020.

(17) “Inadvertent export” means the unscheduled export of active power from a small generator facility, exceeding a specified magnitude and for a limited duration, generally due to fluctuations in load-following behavior.

(18) “Interconnection agreement” means a contract between an applicant or interconnection customer and an interconnecting public utility that governs the interconnection of a small generator facility to the public utility’s transmission or distribution system and the ongoing operation of the small generator facility after it is interconnected. An interconnection agreement will follow the standard form agreement developed by the public utility and filed with the Commission.

(19) “Interconnection customer” means a person with one or more small generator facilities interconnected to a public utility’s transmission or distribution system.

(20) “Interconnection equipment” means a group of components or an integrated system provided by an interconnection customer or applicant to connect a small generator facility to a public utility’s transmission or distribution system.

(21) “Interconnection facilities” means the facilities and equipment required by a public utility to accommodate the interconnection of a small generator facility to the public utility’s transmission or distribution system and used exclusively for that interconnection. Interconnection facilities do not include system upgrades.

(22) "Interconnection facilities study" means a study conducted by a utility for the customer-generator that determines the additional or upgraded distribution system facilities, the cost of those facilities, and the time schedule required to interconnect the small generator facility to the public utility’s distribution system.

(23) “Interconnection service” means service provided by an interconnecting public utility to an interconnection customer.

(24) “Lab-tested equipment” means interconnection equipment that has been designed to comply with IEEE 1547, tested in accordance with IEEE 1547.1, and certified and labeled as compliant with these IEEE standards at the point of manufacture by a nationally recognized testing lab. For interconnection equipment to be considered lab-tested equipment under these rules, the equipment must be used in a manner consistent with the certification.

(25) “Limited export” means the exporting capability of a small generator facility whose export capacity is limited by the use of any configuration or operating mode described in OAR 860-082-0033.

(26) “Line section” means that portion of a public utility’s transmission or distribution system that is connected to an interconnection customer and bounded by automatic sectionalizing devices or the end of a distribution line.

(27) “Minor equipment modification” means a change to a small generator facility or its associated interconnection equipment that:

(a) Includes a change or replacement of equipment that is a like-kind substitution in size, ratings, impedances, efficiencies, or capabilities of the equipment specified in the original interconnection application. Minor variations that do not affect safety, performance, or interoperability are acceptable;

(b) Includes a replacement of existing inverters with new inverters that conform to standards in effect at the time of replacement;

(c) Includes a reduction in the nameplate rating and/or export capacity of the small generator facility of 10 percent or less; or

(d) For changes not specified in subsections (a) through (c) of this definition, the change must not, in the interconnecting public utility’s reasonable opinion, have a material impact on the safety or reliability of the public utility’s transmission or distribution system or an affected system.

(e) Applicants must inform the interconnecting public utility of minor equipment modifications, prior to making the change.

(28) “Nameplate rating” means the sum total of maximum rated power output of all of a small generator facility’s constituent generating units and/or energy storage systems as identified on the manufacturer nameplate in Alternating Current (AC), regardless of whether it is limited by any approved means. For a generating unit that uses an inverter to change direct current energy supplied to an AC quantity, the nameplate rating will be the manufacturer’s AC output rating for the inverter(s).

(29) “Nationally recognized testing laboratory” or “NRTL” means a qualified private organization that performs independent safety testing and product certification. Each NRTL must meet the requirements set forth by the United States Occupational Safety and Health Administration.

(30) “Net metering facility” has the meaning set forth in ORS 757.300(1)(d).

(31) “Non-export or non-exporting” means when the small generator facility is sized and designed and operated using any of the methods in OAR 860-082-0033, such that the output is used for host load only and no electrical energy (except for any inadvertent export) is transferred from the small generator facility to the distribution system.

(32) “Pending completed application” means an application for interconnection of a small generator facility, a net metering facility, or a FERC jurisdictional generator that an interconnecting public utility has deemed complete.

(33) “Person” includes individuals, joint ventures, partnerships, corporations and associations or their officers, employees, agents, lessees, assignees, trustees or receivers, as supplemented to include governmental entities.

(34) “Point of interconnection” means the point where a small generator facility is electrically connected to a public utility’s transmission or distribution system. This term has the same meaning as “point of common coupling” as defined in IEEE 1547.

(35) "Power control system” means systems or devices which electronically limit or control steady state currents to a programmable limit.

(36) “Primary line” means a distribution line with an operating voltage greater than 600 volts.

(37) “Public utility” has the meaning set forth in ORS 757.005 and is limited to a public utility that provides electric service.

(38) “Queue position” means the rank of a pending completed application, relative to all other pending completed applications, that is established based on the date and time that the interconnecting public utility receives the completed applications, including application fees.

(39) “Reference point of applicability” (RPA) means a location proximate to the generation where the interconnection and interoperability performance requirements, as specified by IEEE 1547, apply.

(40) “Relevant minimum load” means the lowest measured load coincident with the generating facility’s production. For solar-only facilities, this is the daytime minimum load (i.e., 10 a.m. to 4 p.m. for fixed panel systems and 8 a.m. to 6 p.m. for PV systems utilizing tracking systems).

(41) “Scoping meeting” means an initial meeting between representatives of an applicant and an interconnecting public utility that is conducted to discuss the RPA, to discuss alternative interconnection options; to exchange information, including any relevant transmission or distribution system data and earlier studies that would reasonably be expected to affect the interconnection options; to analyze such information; and to determine the potentially feasible points of interconnection.

(42) “Secondary line” means a service line with an operating voltage of 600 volts or less.

(43) “Small generator facility” means a facility that operates in parallel with the distribution system for the production of electrical energy that has a maximum installed instantaneous power production capacity of the completed Facility, expressed in MW (AC), and measured at the Point of Interconnection of 10 MW, when operated in compliance with the Generation Interconnection Agreement and consistent with the recommended power factor and operating parameters provided by the manufacturer of the generator, inverters, energy storage devices, or other equipment within the Facility affecting the Facility's capability to deliver useful electric energy to the grid at the Point of Interconnection,

(44) “Spot network” means a type of transmission or distribution system that uses two or more intertied transformers protected by network protectors to supply an electrical network circuit. A spot network may be used to supply power to a single customer or a small group of customers.

(45) “System upgrade” means an addition or modification to a public utility’s transmission or distribution system or to an affected system that is required to accommodate the interconnection of a small generator facility.

(46) “Transmission line” means any electric line operating at or above 50,000 volts.

(47) “Transmission system” means a public utility’s high voltage facilities and equipment used to transport bulk power or to provide transmission service under the public utility’s open access transmission tariff.

(48) “Witness test” means the on-site visual verification of the interconnection installation and commissioning as required in IEEE 1547. For interconnection equipment that does not meet the definition of lab-tested equipment, the witness test may, at the discretion of the public utility, also include a type test and small generator facility evaluation according to IEEE 1547 as applicable to the specific interconnection equipment used.

(49) “Written notice” means a required notice sent by the public utility via electronic mail if the customer-generator has provided a functioning electronic mail address. If the customer-generator has not provided a functioning electronic mail address or has requested in writing to be notified by United States mail, then written notices from the public utility must be sent via First Class United States mail to the notification address provided by the customer-generator. The public utility is deemed to have fulfilled its duty to respond under these rules on the day it sends the customer-generator notice via electronic mail or deposits such notice in First Class mail. The customer-generator is responsible for informing the public utility of any changes to its notification address.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0020 Pre-Application Process

(1) Each public utility must designate an employee or office from which relevant information about the small generator interconnection process, the public utility’s transmission or distribution system, and affected systems may be obtained through informal requests for a potential applicant proposing a small generator facility at a specific site. The public utility must post contact information for the employee or office on the public utility’s website. The information provided by the public utility in response to a potential applicant’s request must include relevant existing studies and other materials that may be used to understand the feasibility of interconnecting a small generator facility at a particular point on the public utility’s transmission or distribution system. The public utility must comply with reasonable requests for access to or copies of such information, except to the extent that providing such materials would violate security requirements, confidentiality obligations to third parties, or be contrary to federal or state regulations. The public utility may require a person to sign a confidentiality agreement if required to protect confidential or proprietary information. For a potential small generator facility requiring Tier 4 review, and at the potential applicant’s request, the public utility must meet with the potential applicant to exchange information. A public utility employee with relevant technical expertise must attend any such meeting.

(2) A person requesting information under section (1) must reimburse the public utility for the reasonable costs of gathering and copying the requested information.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0025 Applications to Interconnect a Small Generator Facility

(1) A person may not interconnect a small generator facility to a public utility’s transmission or distribution system without authorization from the public utility.

(a) A person proposing to interconnect a new small generator facility to a public utility’s transmission or distribution system must submit an application to the public utility.

(b) A person with an existing interconnected small generator facility who proposes to make any change to the facility, other than a minor equipment modification, must submit an application to the public utility. This includes changes affecting the nameplate rating of the existing interconnected small generator facility or the output capacity authorized in the agreement governing the terms of the interconnection.

(c) An applicant with a pending completed application to interconnect a small generator facility must submit a new application if the applicant proposes to make any change to the small generator facility other than a minor equipment modification. This includes changes affecting the nameplate rating of the proposed small generator facility.

(A) The applicant relinquishes the queue position assigned to the pending completed application, and the public utility assigns a new queue position based on the date and time the public utility receives the new application.

(B) If the new application is submitted within 30 business days of the date of submission of the original application, then the public utility must apply the original application fee to the application fee required for the new application.

(d) A person with a pending completed application to interconnect a net metering facility or a FERC jurisdictional generator who proposes to change the facility to a small generator facility must submit a new application under the small generator interconnection rules.

(B) If the small generator interconnection application is received within 30 business days of the date of submission of the original net metering or FERC jurisdictional generator interconnection application, then the public utility must apply the original application fee to the application fee required for the new application.

(e) An interconnection customer must submit an application to renew an existing small generator facility interconnection before the expiration of the interconnection agreement between the interconnection customer and the interconnected public utility. The application must be submitted no later than 60 business days before the interconnection agreement’s expiration date.

(A) A public utility may not unreasonably refuse to grant expedited review of an application to renew an existing small generator facility interconnection if there have been no changes to the small generator facility other than minor equipment modifications.

(B) A public utility may not require an existing small generator facility to undergo Tier 4 review if there have been no changes to the small generator facility other than minor equipment modifications and there have been no material changes to the portion of the public utility’s transmission or distribution system affected by the interconnection of the small generator facility.

(C) A public utility may require the interconnection customer to pay for interconnection facilities, system upgrades, or changes to the small generator facility or its associated interconnection equipment that are necessary to bring the small generator facility interconnection into compliance with the small generator interconnection rules or IEEE 1547 or 1547.1.

(D) If the public utility has not completed its review of an application to renew and a new interconnection agreement is not signed before the expiration of the current interconnection agreement governing the interconnection of an existing small generator facility to a public utility’s transmission or distribution system, then the current interconnection agreement remains in effect until the renewal process is completed and a new interconnection agreement is signed.

(2) All applications must be made using the appropriate application form and must follow the standard form applications developed by the public utility and approved by the Commission. The public utility must provide separate application forms for review under Tier 1 and for review under Tiers 2, 3, and 4. The Tier 1 application form must include an unexecuted interconnection agreement. The public utility must provide a copy of an application form to any person upon request and must post copies of the application forms on the public utility’s website.

(a) Applicants must use the Tier 1 application form for a small generator facility that meets the requirements of OAR 860-082-0045(1).

(b) All applicants may use the application form for Tiers 2, 3, or 4.

(3) A public utility may require payment of a nonrefundable application processing fee. The amount of the fee depends upon the review tier requested in the application and is intended to cover the reasonable costs of processing and evaluating the application.

(a) The application fee may not exceed $100 for Tier 1 review, $500 for Tier 2 review, and $1,000 for review under Tiers 3 and 4.

(b) An applicant must pay the reasonable costs incurred by the public utility to perform any studies and engineering evaluations permitted by these rules and necessary to evaluate the proposed application to interconnect. Before the public utility may assess any costs in excess of the application fee, the public utility must receive written authorization from the applicant. If the applicant does not authorize the additional costs, then the application is deemed withdrawn, and the original application fee is forfeited.

(c) If an application is denied at one review tier, and the applicant resubmits the application at a higher review tier within 15 business days after the date the applicant received notification of the denial, then the applicant maintains the queue position assigned to the original application and the public utility must apply the original application fee and any other fees paid in conjunction with the original application to the fees applicable to the resubmitted application.

(4) If an applicant proposes to interconnect multiple small generator facilities to the public utility’s transmission or distribution system at a single point of interconnection, then the public utility must evaluate the applications based on the combined total nameplate rating for all of the small generator facilities. If the combined total nameplate rating exceeds 10 megawatts, then the small generator interconnection rules do not apply.

(5) An applicant must provide documentation of site control with an interconnection application. Site control may be demonstrated through ownership of the site, a leasehold interest in the site, or an option or other right to develop the site for the purpose of constructing the small generator facility. Site control may be documented by a property tax bill, deed, lease agreement, or other legally binding contract.

(6) A public utility may propose to interconnect multiple small generator facilities at a single point of interconnection to minimize costs, and an affected applicant or interconnection customer may not unreasonably refuse such a proposal. An applicant or interconnection customer may, however, elect to maintain a separate point of interconnection if the applicant or interconnection customer agrees to pay the entire cost of the separate interconnection facilities.

(7) Application review process.

(a) Within 10 business days of receipt of an application to interconnect a small generator facility, the interconnecting public utility must provide written notice to the applicant stating whether the application is complete.

(A) If the application is incomplete, then the public utility must provide the applicant with a detailed list of the information needed to complete the application. An application is deemed complete when the public utility receives the listed information. The applicant must provide the listed information within 10 business days of receipt of the list, or the application is deemed withdrawn.

(B) If a public utility does not have a record of receipt of an application or cannot locate an application, then the applicant must provide an additional copy of the application to the public utility. If the applicant can demonstrate that a complete application was originally delivered to the public utility at a particular time on a particular date, then the public utility must assign a queue position to the application based on the original time and date of delivery.

(b) Once the public utility deems an application to be complete, the public utility must assign the application a queue position. An applicant must meet all applicable deadlines in the small generator interconnection rules to maintain its queue position unless the deadlines have been waived by agreement with the interconnecting public utility or by Commission order.

(c) If the public utility determines during the evaluation process that supplemental or clarifying information is required, then the public utility must request the information from the applicant, and the applicant must provide the requested information within 15 business days of the request, or the application will be deemed withdrawn. The time necessary to complete the evaluation of the application may be extended by the time required for the receipt of the additional information. Requests for information do not affect the applicant’s queue position.

(d) A public utility must use IEEE 1547 and IEEE 1547.1 to evaluate small generator interconnection applications unless otherwise specified in these rules or unless the Commission grants a waiver to use different or additional standards.

(e) Reference Point of Applicability Review.

(A) For Tier 4 applications, the public utility will raise any concerns about the RPA in the scoping meeting.

(B) For Tier 1 through Tier 3 applications, the public utility notifies an applicant if the proposed RPA is appropriate when it provides screen results. If the RPA is inappropriate the public utility will notify the applicant in writing, including an explanation as to why it requires correction. The applicant must resubmit the application with the corrected RPA within ten business days. If the applicant does not provide the appropriate RPA, a request for an extension of time, or request an applicant options meeting within the deadline, the application will be deemed withdrawn.

(f) Interconnection Agreement. If the proposed interconnection is approved and requires no construction of facilities by the public utility, the public utility must provide the applicant an executed interconnection agreement no later than five business days after approving the interconnection. If the proposed interconnection is approved and requires construction of facilities, the public utility must provide the applicant an executed interconnection agreement, along with a non-binding good faith cost estimate and construction schedule for any required upgrades, no later than 15 business days after approving the interconnection. If the applicant does not return a countersigned interconnection agreement and any required deposit not to exceed the amount in OAR 860-082-0035(5)(a) to the public utility, or request negotiation of a non-standard interconnection agreement, within 15 business days of receipt of an executed interconnection agreement, the application is deemed withdrawn.

(A) An applicant or a public utility is entitled to the terms in the standard form agreement but may choose to negotiate for different terms.

(B) If negotiated changes to a standard interconnection agreement are materially inconsistent with the small generator interconnection rules, then the applicant and the public utility must seek Commission approval of the negotiated interconnection agreement.

(g) The applicant must provide the public utility written notice at least 20 business days before the planned commissioning for the small generator facility.

(A) The public utility has the option of conducting a witness test at a mutually agreeable time within 10 business days of receipt of the certificate of completion.

(B) The public utility must provide written notice to the applicant indicating whether the public utility plans to conduct a witness test or will waive the witness test within three business days of receipt of the certificate of completion.

(C) If the public utility notifies the applicant that it plans to conduct a witness test but fails to conduct the witness test within 10 business days of receipt of the certificate of completion or within a time otherwise agreed upon by the applicant and the public utility, then the witness test is deemed waived.

(D) If the witness test is conducted and is successful, or if the public utility waives the witness test, the public utility must provide the countersigned certificate of completion within five business days of conducting the witness test or waiver of witness test.

(E) If the witness test is conducted and is not acceptable to the public utility, then the public utility must provide written notice to the applicant describing the deficiencies within five business days of conducting the witness test. The public utility must give the applicant 20 business days from the date of the applicant’s receipt of the notice to resolve the deficiencies. If the applicant fails to resolve the deficiencies to the reasonable satisfaction of the public utility within 20 business days or at a mutually agreeable time, then the application is deemed withdrawn.

(h) A public utility must meet all applicable deadlines in the small generator interconnection rules unless the deadlines have been waived by agreement with an applicant or interconnection customer or by Commission order. If the public utility cannot meet an applicable deadline, then the public utility must provide written notice to the applicant or interconnection customer explaining the reasons for the failure to meet the deadline and an estimated alternative deadline. A public utility’s failure to meet an applicable deadline does not affect an applicant’s queue position.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0030 Construction, Operation, Maintenance, and Testing of Small Generator Facilities

(1) IEEE 1547. An interconnection customer or applicant must construct, operate, and maintain a small generator facility and its associated interconnection equipment in compliance with IEEE 1547 and 1547.1. New interconnection applicants will be required to use IEEE 1547-2018 compliant equipment by no earlier than June 1, 2024. For purposes of OAR 860-082-0030, capitalized terms not otherwise defined in Division 082 have the meaning set forth in IEEE 1547.

(a) Small generator facilities compliant with IEEE 1547 must conform with the following minimum requirements:

(A) Abnormal performance requirements: Category III Ride-Through capabilities must be supported for inverter-based small generator facilities. Rotating small generator facilities must meet Category I Ride-Through capabilities, at minimum.

(B) Normal performance requirements: Inverter-based small generator facilities must meet reactive power requirements of IEEE 1547 Category B. Rotating small generator facilities must meet Category A, and may meet Category B.

(C) Inverter-based interconnection equipment will be tested to and certified as being compliant with UL 1741 Third Edition, Supplement SB, by a NRTL. Equipment that is not certified by a NRTL may require additional evaluation and commissioning testing to confirm compliance with IEEE 1547.

(b) Interconnection requirements handbook. Each public utility must post an interconnection requirements handbook on its public website. Prior to revising its handbook, a utility must provide public notice on its website and use best efforts to notify organizations representing interconnection customers as specified and periodically updated in the handbook. The utility must provide a minimum of 30 days for interested persons to comment, and the utility must respond within 30 days to any comments received and make its responses public.

(c) Preferred default settings. A public utility must allow small generator facilities to interconnect using the public utility's preferred default settings, except when the application reviewed under Tier 4, OAR 860-082-0060, or the application fails the Tier 1, Tier 2, or Tier 3 approval criteria in OAR 860-082-0045(2), OAR 860-082-0050(2), or OAR 860-082-0055(2). Interconnection requirements handbooks must include preferred default settings. As applicable, the following must be identified in the interconnection requirements handbook:

(A) Voltage and frequency trip settings;

(B) Frequency droop settings;

(D) Voltage active power (volt-watt) mode activation and default setting; and

(E) Communication protocols and ports requirements.

(2) The applicant must provide written notice to the interconnecting public utility 10 business days before beginning operation of an approved small generator facility.

(3) Before beginning operation of a small generator facility, an interconnection customer or applicant must receive approval of the facility under the small generator interconnection rules and must execute an interconnection agreement with the interconnecting public utility. Applicants or interconnection customers are entitled to a 20-year term for an interconnection agreement, or if the interconnection customer and the public utility have entered a separate Power Purchase Agreement for a specified period of time, to a term that coincides with the length of such Power Purchase Agreement.

(4) A small generator facility must be capable of being isolated from the interconnecting public utility’s transmission or distribution system. An interconnection customer may not disable an isolation device without the prior written consent of the interconnected public utility.

(a) For a small generator facility interconnecting to a primary line, the interconnection customer or applicant must use a lockable, visible-break isolation device readily accessible to the public utility.

(b) For a small generator facility interconnecting to a secondary line, the interconnection customer or applicant must use a lockable isolation device that is readily accessible by the public utility. The status of the isolation device must be clearly indicated. An exception from the requirement to use a lockable isolation device is allowed for a small generator facility that has a maximum total output of 30 amperes or less; is connected to a secondary line; uses lab-tested, inverter-based interconnection equipment; and is interconnected to the distribution system through a metered service owned by the interconnected public utility. In this limited case, the meter base may serve as the required isolation device if it is readily accessible to the public utility.

(A) A draw-out type circuit breaker with the provision for padlocking at the draw-out position can be considered an isolation device.

(B) The interconnection customer or applicant may elect to provide the public utility access to an isolation device that is contained in a building or area that may be unoccupied and locked or not otherwise readily accessible to the public utility. The interconnection customer or applicant must provide a lockbox capable of accepting a lock provided by the public utility that provides ready access to the isolation device. The interconnection customer or applicant must install the lockbox in a location that is readily accessible by the public utility and must affix a placard in a location acceptable to the public utility that provides clear instructions to utility personnel on how to access the isolation device.

(c) Other than the exception in (4)(b), all isolation devices must be installed, owned, and maintained by the interconnection customer or applicant; must be capable of interrupting the full load of the small generator facility; and must be located between the small generator facility and the point of interconnection.

(5) An interconnecting public utility must have access to an interconnection customer’s or an applicant’s premises for any reasonable purpose related to an interconnection application or an interconnected small generator facility. The public utility must request access at reasonable hours and upon reasonable notice. In the event of an emergency or hazardous condition, the public utility may access the interconnection customer’s or applicant’s premises at any time without prior notice, but the public utility must provide written notice within five business days after entering the interconnection customer’s or applicant’s premises that describes the date of entry, the purpose of entry, and any actions performed on the premises.

(6) When a small generator facility undergoes maintenance or testing in compliance with the small generator interconnection rules, IEEE 1547, or IEEE 1547.1, the interconnection customer must retain written records for at least seven years documenting the maintenance and the results of testing. The interconnection customer must provide copies of these records to the interconnected public utility upon request.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0033 Export Controls

(1) If a small generator facility uses any configuration or operating mode in section (3) to limit the export of electrical power across the Point of Interconnection, then the export capacity is only the amount capable of being exported (not including any Inadvertent export). To prevent impacts on system safety and reliability, any inadvertent export from a small generator facility must comply with the limits identified in this rule. The export capacity specified by the interconnection customer in the application will subsequently be included as a limitation in the interconnection agreement.

(2) An application proposing to use a configuration or operating mode to limit the export of electrical power across the Point of Interconnection must include proposed control and/or protection settings.

(3) Acceptable export control methods.

(a) Export control methods for non-exporting small generator facility:

(A) Reverse Power Protection (Device 32R): To limit export of power across the Point of Interconnection, a reverse power protective function is implemented using a utility grade protective relay. The default setting for this protective function is 0.1 percent (export) of the service transformer's nominal base nameplate power rating, with a maximum 2.0 second time delay to limit inadvertent export. When a project is located on a circuit using high-speed reclosing, the utility may require a maximum delay of less than 2.0 seconds to safely facilitate the reclosing. To minimize the need for case-by-case design, which shall remain available, the utility handbook must provide:

(i) The rationale and standards that interconnection applications must meet;

(ii) A list of specific additional equipment that, if installed, will satisfy the requirement; and

(iii) A list of any inverter specifications and options that, if configured, will satisfy the requirement without the need for additional equipment.

(B) Minimum Power Protection (Device 32F): To limit export of power across the Point of Interconnection, a minimum import protective function is implemented utilizing a utility grade protective relay. The default setting for this protective function is 5 percent (import) of the small generator facility’s total nameplate rating, with a maximum 2.0 second time delay to limit Inadvertent export. When a project is located on a circuit using high-speed reclosing, the public utility may require a maximum delay of less than 2.0 seconds to safely facilitate the reclosing. To minimize the need for case-by-case design, which shall remain available, the utility handbook must provide:

(i) The rationale and standards that interconnection applications must meet;

(ii) A list of specific additional equipment that, if installed, will satisfy the requirement; and

(iii) A list of any inverter specifications and options that, if configured, will satisfy the requirement without the need for additional equipment.

(C) Relative distributed energy resource rating: This option requires the small generator facility's nameplate rating to be so small in comparison to its host facility's minimum load that the use of additional protective functions is not required to ensure that power will not be exported to the electric distribution system. This option requires the small generator facility's nameplate rating to be no greater than 50 percent of the interconnection customer's verifiable minimum host load during relevant hours over the past 12 months. This option is not available for interconnections to area networks or spot networks.

(b) Export control methods for limited export small generator facility.

(A) Directional Power Protection (Device 32): To limit export of power across the Point of Interconnection, a directional power protective function is implemented using a utility grade protective relay. The default setting for this protective function is the export capacity value, with a maximum 2.0 second time delay to limit Inadvertent export. When a project is located on a circuit using high-speed reclosing, the public utility may require a maximum delay of less than 2.0 seconds to safely facilitate the reclosing. To minimize the need for case-by-case design, which shall remain available, the utility handbook must provide:

(i) The rationale and standards that interconnection applications must meet;

(ii) A list of specific additional equipment that, if installed, will satisfy the requirement; and

(iii) A list of any inverter specifications and options that, if configured, will satisfy the requirement without the need for additional equipment.

(B) Configured power rating: A reduced output power rating utilizing the power rating configuration setting may be used to ensure the small generator facility does not generate power beyond a certain value lower than the nameplate rating. The configuration setting corresponds to the active or apparent power ratings in Table 28 of IEEE Std 1547-2018, as described in subclause 10.4. A local small generator facility communication interface is not required to utilize the configuration setting as long as it can be set by other means. The reduced power rating may be indicated by means of a nameplate rating replacement, a supplemental adhesive nameplate rating tag to indicate the reduced nameplate rating, or a signed attestation from the customer confirming the reduced capacity.

(A) Certified power control systems: Small generator facility may use certified power control systems to limit export. Small generator facility utilizing this option must use a power control system and inverter certified per UL 1741 by a NRTL with a maximum open loop response time of no more than 30 seconds to limit Inadvertent export. NRTL testing to the UL Power Control System Certification Requirement Decision must be accepted until similar test procedures for power control systems are included in a standard. This option is not available for interconnections to area networks or spot networks.

(B) Agreed-upon means: Small generator facility may be designed with other control systems and/or protective functions to limit export and inadvertent export if mutual agreement is reached with the Distribution Provider. The limits may be based on technical limitations of the interconnection customer's equipment or the electric distribution system equipment. To ensure inadvertent export remains within mutually agreed-upon limits, the interconnection customer may use an uncertified power control system, an internal transfer relay, energy management system, or other customer facility hardware or software if approved by the Distribution Provider.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, adopt filed 04/09/2024, effective 04/09/2024

Or. Admin. R. 860-082-0035 Cost Responsibility

(1) Study costs. Whenever a study is required under Tier 4 of the small generator interconnection rules, the applicant must pay the public utility for the reasonable costs incurred in performing the study. The public utility must base study costs on the scope of work determined and documented in the feasibility study agreement, the system impact study agreement, or the facilities study agreement, as applicable. The estimated engineering costs used in calculating study costs must not exceed $100 per hour. A public utility may adjust the $100 hourly rate once in January of each year to account for inflation and deflation as measured by the Consumer Price Index. Before beginning a study, a public utility may require an applicant to pay a deposit of up to 50 percent of the estimated costs to perform the study or $1,000, whichever is less.

(2) Interconnection facilities. For interconnection review under Tier 4, a public utility must identify the interconnection facilities necessary to safely interconnect the small generator facility with the public utility’s transmission or distribution system. The applicant must pay the reasonable costs of the interconnection facilities. The public utility constructs, owns, operates, and maintains the interconnection facilities.

(3) Interconnection equipment. An applicant or interconnection customer must pay all expenses associated with constructing, owning, operating, maintaining, repairing, and replacing its interconnection equipment. Interconnection equipment is constructed, owned, operated, and maintained by the applicant or interconnection customer.

(4) System upgrades. A public utility must design, procure, construct, install, and own any system upgrades to the public utility’s transmission or distribution system necessitated by the interconnection of a small generator facility. A public utility must identify any adverse system impacts on an affected system caused by the interconnection of a small generator facility to the public utility’s transmission or distribution system. The public utility must determine what actions or upgrades are required to mitigate these impacts. Such mitigation measures are considered system upgrades as defined in these rules. The applicant must pay the reasonable costs of any system upgrades.

(5) A public utility may not begin work on interconnection facilities or system upgrades before an applicant receives the public utility’s good-faith, non-binding cost estimate and provides written notice to the public utility that the applicant accepts the estimate and agrees to pay the costs. A public utility may require an applicant to pay a deposit before beginning work on the interconnection facilities or system upgrades.

(a) If an applicant agrees to make progress payments on a schedule established by the applicant and the interconnecting public utility, then the public utility may require the applicant to pay a deposit of up to 25 percent of the estimated costs or $10,000, whichever is less. The public utility and the applicant must agree on progress billing, final billing, and payment schedules before the public utility begins work.

(b) If an applicant does not agree to make progress payments, then the public utility may require the applicant to pay a deposit of up to 100 percent of the estimated costs. If the actual costs are lower than the estimated costs, then the public utility must refund the unused portion of the deposit to the applicant within 20 business days after the actual costs are determined.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0040 Insurance

(1) A public utility may not require an applicant or an interconnection customer with a small generator facility with a nameplate rating of 200 kilowatts or less to obtain liability insurance in order to interconnect with the public utility’s transmission or distribution system.

(2) A public utility may require an applicant or an interconnection customer with a small generator facility with a nameplate rating greater than 200 kilowatts to obtain prudent amounts of general liability insurance in order to interconnect to the public utility’s transmission or distribution system.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0045 Tier 1 Interconnection Review

(1) A public utility must use the Tier 1 review procedures when an applicant submits an application to interconnect a small generator facility that meets the following requirements:

(a) The small generator facility must have an export capacity not greater than 25 kilowatts, a nameplate rating not greater than 50 kilowatts, and use a UL 1741 certified inverter; and

(b) The small generator facility must not be interconnected to a transmission line or an area network.

(2) Tier 1 Approval Criteria. A public utility must approve an application for interconnection under the Tier 1 interconnection review procedures if the small generator facility meets the approval criteria in subsections (a) through (f). A public utility may not impose different or additional approval criteria.

(a) A Tier 1 small generator facility interconnection must use existing public utility facilities.

(b) Substation transformer backfeed screen. Where existing protective devices and equipment cannot adequately support backfeed, the aggregated export capacity on the substation transformer must be less than 80 percent of the relevant minimum load for the substation transformer.

(A) If 12 months of minimum load data (including onsite load but not station service load served by the proposed small generator facility) are available for the line section, the aggregated export capacity on the line section is less than 90 percent of the relevant minimum load for all line sections bounded by automatic sectionalizing devices upstream of the proposed small generator facility;

(B) If 12 months of minimum load data (including onsite load but not station service load served by the proposed small generator facility) are not available for the line section, the aggregated export capacity on the circuit is less than 90 percent of the relevant minimum load for the feeder;

(C) If minimum load data are not available for the line section or the circuit, the aggregated export capacity on the circuit must not exceed 15 percent of the line section annual peak load as most recently measured at the substation or calculated for the line section.

(d) Network Screen. For interconnection of a small generator facility within a spot network, the aggregate nameplate rating may not exceed 20 percent of the spot network anticipated minimum load. The public utility may select any of the following methods to determine anticipated minimum load:

(A) The spot network’s measured minimum load in the previous year, if available;

(B) Five percent of the spot network’s maximum load in the previous year;

(D) The public utility’s good faith estimate if provided in writing to the applicant along with the reasons why the public utility considered the other methods to estimate minimum load inadequate.

(e) Single-Phase Shared Secondary Screen. For interconnection of a small generator facility to a single-phase shared secondary line, the aggregated export capacity on the shared secondary must not exceed 65 percent of the transformer nameplate power rating.

(f) Service Imbalance Screen. For interconnection of a single-phase small generator facility to the center tap neutral of a 240-volt service line, the addition of the small generator facility must not create a current imbalance between the two sides of the 240-volt service line of more than 20 percent of the nameplate power rating of the service transformer.

(3) In addition to the timelines and requirements in OAR 860-082-0025, the public utility must provide written notice to the applicant stating whether the small generator facility meets the Tier 1 approval criteria no later than 15 business days from the date a Tier 1 interconnection application is deemed complete. If a public utility does not notify an applicant whether the interconnection is approved or denied within 20 business days after the application is deemed complete, the interconnection will be deemed approved.

(4) Interconnection after passing screens. If the proposed interconnection passes the screens, the public utility must follow the requirements in OAR 860-082-0025(7)(f).

(5) Approval despite screen failure. Despite the failure of one or more screens, the public utility, at its sole option, may approve the interconnection provided such approval is consistent with safety and reliability. If the public utility determines that the small generator facility can be interconnected safely if minor modifications to the transmission or distribution system were made (for example, changing meters, fuses, or relay settings), then the public utility must offer the applicant a good-faith, non-binding estimate of the costs of such proposed minor modifications. Modifications are not considered minor under this section if the total cost of the modifications exceeds $10,000. If the applicant authorizes the public utility to proceed with the minor modifications and agrees to pay the entire cost of the modifications, then the public utility must approve the application.

(6) Process after screen failure. If the public utility cannot determine that the small generator facility may nevertheless be interconnected consistent with safety, reliability, and power quality standards, at the time the public utility notifies the applicant of the Tier 1 review results, the public utility must provide the applicant with:

(a) The screen results including specific information on the reason(s) for failure in writing using a standard format approved by the Commission; and

(b) An executable Supplemental Review Agreement.

(c) In addition, the public utility must allow the applicant to select one of the following, at the applicant’s option. The applicant must notify the public utility of its selection within 10 business days, or the application will be deemed withdrawn.

(A) Request an applicant options meeting;

(B) Undergo supplemental review in accordance with OAR 860-082-0063; or

(7) Applicant options meeting. If the applicant requests an applicant options meeting, the public utility shall offer to convene a meeting at a mutually agreeable time within 15 business days of the applicant’s request. At the applicant options meeting the public utility shall provide the applicant the opportunity to review the screen analysis and related results, to designate a different RPA, to review possible customers-generator modifications, and to discuss what further steps are needed to permit the small generator facility to connect safely and reliably.

(8) The interconnection process is not complete until:

(a) The witness test, if conducted by the public utility, is successful; and

(b) The applicant and public utility execute a certificate of completion. The certificate of completion must follow the standard form certificate developed by the public utility and approved by the Commission.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0050 Tier 2 Interconnection Review

(1) A public utility must use the Tier 2 interconnection review procedures when an applicant submits an application requesting Tier 2 review to interconnect a small generator facility that meets the following requirements:

(a) The small generator facility does not qualify for the Tier 1 interconnection review requirements;

(b) If the small generator facility is inverter-based, the small generator facility's export capacity does not exceed the limits identified in Table 1 attached, which vary according to the voltage of the line at the proposed point of interconnection;

(c) Inverter-based small generator facilities located within 2.5 line miles of a substation and on a main distribution line with minimum 600-amp capacity are eligible for Tier 2 interconnection under higher thresholds;

(d) If the small generator facility is not inverter-based, the small generator facility's export capacity is two megawatts or less;

(e) The small generator facility must not interconnect to a transmission line, or area network; and

(f) The small generator facility must use interconnection equipment that is either lab-tested equipment or field-tested equipment. For equipment to gain status as field-tested equipment, the applicant must provide all the documentation from the prior public utility approval including any interconnection studies and the certificate of completion.

(2) Tier 2 Approval Criteria. A public utility must approve an application to interconnect a small generator facility under the Tier 2 interconnection review procedures if the facility meets the approval criteria in subsections (a) through (l). A public utility may not impose different or additional approval criteria.

(a) Substation transformer backfeed screen. Where existing protective devices and equipment cannot adequately support backfeed, the aggregated export capacity on the substation transformer must be less than 80 percent of the relevant minimum load for the substation transformer.

(b) Penetration Screen for interconnection to a radial distribution circuit.

(A) If 12 months of minimum load data (including onsite load, but not station service load served by the proposed small generator facility) are available for the line section, the aggregated export capacity on the line section is less than 90 percent of the relevant minimum load for all line sections bounded by automatic sectionalizing devices upstream of the proposed small generator facility;

(B) If 12 months of minimum load data (including onsite load but not station service load served by the proposed small generator facility) are not available for line section, the aggregated export capacity on the circuit is less than 90 percent of the relevant minimum load for the feeder;

(c) Network Screen. For interconnection of a small generator facility within a spot network, the aggregate nameplate rating may not exceed 20 percent of the spot network’s anticipated relevant minimum load. The public utility may select any of the following methods to determine anticipated minimum load:

(A) The spot network’s measured minimum load in the previous year, if available;

(B) Five percent of the spot network’s maximum load in the previous year;

(D) The public utility’s good faith estimate if provided in writing to the applicant along with the reasons why the public utility considered the other methods to estimate minimum load inadequate.

(d) Fault Current Screen. The small generator facility, aggregated with other generation on the distribution circuit, will not contribute more than 10 percent to the distribution circuit's maximum fault current at the point on the primary voltage distribution line nearest the point of interconnection.

(e) Short-Circuit Interrupting Capability Screen. The aggregated nameplate rating on the distribution circuit must not cause any distribution protective devices and equipment (including substation breakers, fuse cutouts, and line reclosers) or other public utility equipment on the transmission or distribution system to be exposed to fault currents exceeding 90 percent of the short circuit interrupting capability. The small generator facility’s point of interconnection must not be located on a circuit that already exceeds 90 percent of the short circuit interrupting capability.

(f) Transient Stability Screen. The small generator facility’s nameplate rating, in aggregate with other small generator facilities interconnected to the distribution side of a substation transformer feeding the circuit where the small generator facility proposes to interconnect must not exceed 10 megawatts in an area where there are known or posted transient stability limitations to generating units located in the general electrical vicinity (for example, three or four distribution busses from the point of interconnection).

(g) Line Configuration Screen. Using Table 2 attached, determine the type of interconnection to a primary distribution line. This screen includes a review of the type of electrical service provided to the project, including line configuration and the transformer connection to limit the potential for creating over-voltages on the interconnecting public utility's electric power system due to a loss of ground during the operating time of any anti-islanding function.

(h) Single-Phase Shared Secondary Screen. For interconnection of a small generator facility to a single-phase shared service line on the transmission or distribution system, the aggregated export capacity on the shared secondary must not exceed 65 percent of the transformer nameplate power rating.

(i) Service Imbalance Screen. For interconnection of a single-phase small generator facility to the center tap neutral of a 240-volt service line, the addition of the small generator facility must not create a current imbalance between the two sides of the 240-volt service line of more than 20 percent of the nameplate power rating of the service transformer.

(j) Except as provided in section (4), the interconnection of the small generator facility must not require system upgrades or interconnection facilities different from or in addition to the applicant’s proposed interconnection equipment.

(k) If the public utility’s distribution circuit uses high speed reclosing with less than two seconds of interruption, then the small generator facility must not be a synchronous machine. If the small generator facility is a synchronous machine, then the applicant must submit a Tier 4 application.

(l) Inadvertent Export Screen. For interconnection of a proposed small generator facility that can introduce inadvertent export, where the nameplate rating minus the export capacity is greater than 250 kilowatts, the following inadvertent export screen is required. With a power change equal to the nameplate rating minus the export capacity, the change in voltage at the point on the medium voltage (primary) level nearest the point of interconnection does not exceed three percent. Voltage change will be estimated applying the formula shown in Figure 1 attached.

(3) Timelines. In addition to the timelines and requirements in OAR 860-082-0025 and if a net metering facility, OAR 860-039, within 20 business days after a public utility notifies an applicant that is application is complete, the public utility must:

(a) Evaluate the application using the Tier 2 approval criteria in section (2);

(b) Review any independent analysis of the proposed interconnection provided by the applicant that was performed using the Tier 2 approval criteria; and

(c) Provide written notice to the applicant stating whether the public utility approved the application. If the proposed interconnection passes the screens, the public utility must follow the requirements in OAR 860-082-0025(7)(f). If applicable, the public utility must include a comparison of its evaluation to the applicant’s independent analysis.

(4) Approval despite screen failure. Despite the failure of one or more screens, the public utility, at its sole option, may approve the interconnection provided such approval is consistent with safety and reliability. If the public utility determines that the small generator facility could be interconnected safely if minor modifications to the transmission or distribution system were made (for example, changing meters, fuses, or relay settings), then the public utility must offer the applicant a good-faith, non-binding estimate of the costs of such proposed minor modifications. Modifications are not considered minor under this subsection if the total cost of the modifications exceeds $10,000. If the applicant authorizes the public utility to proceed with the minor modifications and agrees to pay the entire cost of the modifications, then the public utility must approve the application.

(5) Process after screen failure. If the public utility cannot determine that the small generator facility may nevertheless be interconnected consistent with safety and reliability standards, at the time the public utility notifies the applicant of the Tier 2 review results, the public utility must provide the applicant with:

(a) The screen results, including specific information on the reason(s) for failure in writing, using a standard format approved by the Commission; and

(b) An executable Supplemental Review Agreement.

(A) Request an applicant options meeting;

(B) Undergo supplemental review in accordance with OAR 860-082-0063; or

(6) Applicant options meeting. If the applicant requests an applicant options meeting, the public utility shall offer to convene a meeting at a mutually agreeable time within 15 business days of the applicant’s request. At the applicant options meeting the public utility shall provide the applicant the opportunity to review the screen analysis and related results, to designate a different RPA, to review possible customers-generator modifications, and to discuss what further steps are needed to permit the small generator facility to connect safely and reliably.

(7) The interconnection process is not complete until:

(a) The public utility approves the application;

(b) Any minor modifications to the transmission or distribution system required under section (4) are complete;

(d) The applicant and public utility execute a certificate of completion. The certificate of completion must follow the standard form certificate developed by the public utility and approved by the Commission.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0055 Tier 3 Interconnection Review

(1) A public utility must use the Tier 3 interconnection review procedures when the applicant submits an application requesting Tier 3 review to interconnect a small generator facility that meets the following requirements:

(a) The small generator facility must have a nameplate rating of 10 megawatts or less;

(b) The small generator facility must not be connected to a transmission line;

(d) The small generator facility must use low forward power relays or other protection functions that prevent power flow onto the area network.

(2) Tier 3 Approval Criteria. A public utility must approve an application to interconnect a small generator facility under the Tier 3 interconnection review procedures if the facility meets the Tier 2 approval criteria in OAR 860 082 0050(2)(a)-(b), (i) and the additional approval criteria in subsections (a), (b), or (c) of this section. A public utility may not impose different or additional approval criteria.

(a) For a small generator facility to interconnect to the load side of an area network distribution circuit, the small generator facility must meet the following criteria:

(A) The nameplate rating of the small generator facility must be 50 kilowatts or less;

(B) The small generator facility must use lab-tested, inverter-based interconnection equipment;

(C) The aggregated nameplate rating on the area network must not exceed five percent of an area network's maximum load or 50 kilowatts, whichever is less; and

(D) Except as allowed in subsection (2)(c), the interconnection of the small generator facility must not require system upgrades or interconnection facilities different from or in addition to the applicant’s proposed interconnection equipment.

(b) For a small generator facility to interconnect to a distribution circuit that is not networked, the small generator facility must meet the following criteria:

(A) The aggregated nameplate rating on the circuit must be 10 megawatts or less;

(B) The small generator facility’s point of interconnection must be to a radial distribution circuit;

(E) If the public utility’s distribution circuit uses high speed reclosing with less than two seconds of interruption, then the small generator facility must not be a synchronous machine. If the small generator facility is a synchronous machine, then the applicant must submit a Tier 4 application.

(c) If the small generator facility fails to meet one or more of the Tier 3 approval requirements, but the public utility determines that the small generator facility could be interconnected safely if minor modifications to the transmission or distribution system were made (for example, changing meters, fuses, or relay settings), then the public utility must offer the applicant a good-faith, non-binding estimate of the costs of such proposed minor modifications. Modifications are not considered minor under this subsection if the total cost of the modifications exceeds $10,000. If the applicant authorizes the public utility to proceed with the minor modifications and agrees to pay the entire cost of the modifications, then the public utility must approve the application under Tier 3.

(3) In addition to the timelines and requirements in OAR 860-082-0025, the following timelines and requirements apply to Tier 3 interconnection reviews:

(a) An interconnecting public utility must schedule a scoping meeting within 10 business days after notifying an applicant that its application is complete. The applicant may agree to waive the scoping meeting requirement.

(b) Within 20 business days after a public utility notifies an applicant its application is complete or a scoping meeting is held, whichever is later, the public utility must:

(A) Evaluate the application using the Tier 3 approval criteria;

(B) Review any independent analysis of the proposed interconnection provided by the applicant that was performed using the Tier 3 approval criteria; and

(C) Provide written notice to the applicant stating whether the public utility approved the application. If the proposed interconnection passes the screens, the public utility must follow the requirements in OAR 860-082-0025(7)(f). If applicable, the public utility must include a comparison of its evaluation to the applicant’s independent evaluation.

(5) Process after screen failure. If the public utility cannot determine that the small generator facility may nevertheless be interconnected consistent with safety and reliability standards, at the time the public utility notifies the applicant of the Tier 3 review results, the public utility must provide the applicant with:

(a) The screen results, including specific information on the reason(s) for failure in writing using a standard format approved by the Commission; and

(b) An executable Supplemental Review Agreement.

(A) Request an applicant options meeting;

(B) Undergo supplemental review in accordance with OAR 860-082-0063; or

(d) The applicant must notify the public utility of its selection under subsection (c) within 10 business days, or the application will be deemed withdrawn.

(6) Applicant options meeting. If the applicant requests an applicant options meeting, the public utility shall offer to convene a meeting at a mutually agreeable time within 15 business days of the applicant’s request. At the applicant options meeting the public utility shall provide the applicant the opportunity to review the screen analysis and related results, to designate a different RPA, to review possible customers-generator modifications, and to discuss what further steps are needed to permit the small generator facility to connect safely and reliably.

(7) The interconnection process is not complete until:

(a) The public utility approves the application;

(b) Any minor modifications to the transmission or distribution system required under subsection (2)(c) are complete;

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0060 Tier 4 Interconnection Review

(1) A public utility must use the Tier 4 interconnection review procedures when an applicant submits an application requesting Tier 4 review to interconnect a small generator facility meeting the following requirements:

(a) The small generator facility must have a nameplate rating of 10 megawatts or less.

(b) An applicant whose Tier 1, Tier 2, or Tier 3 application was denied may request that the public utility treat that existing application already in the public utility’s possession as a new Tier 4 application. Within ten business days of receipt of the applicant’s request to use the existing application, the public utility will transfer the existing application to the Tier 4 process and notify the applicant whether or not the application is complete. If the application is incomplete, the public utility must provide a written list detailing all information that the applicant must provide to complete the application. The applicant will have ten business days after receipt of the list to submit the listed information. Otherwise, the application will be deemed withdrawn. The public utility must notify the applicant within ten business days of receipt of the revised application whether the revised application is complete or incomplete. The public utility may deem the application withdrawn if it remains incomplete.

(2) A public utility must approve an application to interconnect a small generator facility under the Tier 4 interconnection review procedures if the public utility determines that the safety and reliability of the public utility’s transmission or distribution system will not be compromised by interconnecting the small generator facility. The applicant must pay the reasonable costs of any interconnection facilities or system upgrades necessitated by the interconnection.

(3) In addition to the timelines and requirements in OAR 860-082-0025, the timelines and requirements in sections (5) through (12) of this rule apply to Tier 4 interconnection reviews.

(4) A public utility and an applicant may agree to waive the requirement for a scoping meeting, the system impact study, or the facilities study. The applicant may waive the requirement for a feasibility study.

(5) A public utility must schedule a scoping meeting within 10 business days after notifying an applicant that its application is complete.

(a) The public utility and the applicant must bring to the scoping meeting all personnel, including system engineers, as may be reasonably required to accomplish the purpose of the meeting.

(b) The public utility and applicant must discuss whether the public utility should perform a feasibility study or proceed directly to a system impact study, a facilities study, or an interconnection agreement.

(c) If the public utility determines that no studies are necessary, then the public utility must follow the requirements in OAR 860-082-0025(7) if:

(A) The application meets the criteria in section (2); and

(B) The interconnection of the small generator facility does not require system upgrades or interconnection facilities different from or in addition to the applicant’s proposed interconnection equipment.

(d) If the public utility determines that no studies are necessary and that the small generator facility could be interconnected safely if minor modifications to the transmission or distribution system were made (for example, changing meters, fuses, or relay settings), then the public utility must offer the applicant a good-faith, non-binding estimate of the costs of such proposed minor modifications. Modifications are not considered minor under this subsection if the total cost of the modifications exceeds $10,000. If the applicant authorizes the public utility to proceed with the minor modifications and agrees to pay the entire cost of the modifications, then the public utility must send the applicant an executed interconnection agreement within 15 business days of receipt of the applicant’s agreement to pay for the minor modifications.

(6) If the applicant requests a feasibility study, then the public utility must provide the applicant with an executable feasibility study agreement within five business days of the date of the scoping meeting.

(a) The feasibility study agreement must include a detailed scope for the feasibility study, a reasonable schedule for completion of the study, and a good-faith, non-binding estimate of the costs to perform the study.

(b) The feasibility study agreement must follow the standard form agreement developed by the public utility and approved by the Commission.

(c) The applicant must execute the feasibility study agreement within 15 business days of receipt of the agreement or the application is deemed withdrawn.

(d) The public utility must make reasonable, good-faith efforts to follow the schedule set forth in the feasibility study agreement for completion of the study.

(e) The feasibility study must identify any potential adverse system impacts on the public utility’s transmission or distribution system or an affected system that may result from the interconnection of the small generator facility. In determining possible adverse system impacts, the public utility must consider the aggregated nameplate rating or export capacity when applicable of all generating facilities that, on the date the feasibility study begins, are directly interconnected to the public utility’s transmission or distribution system, have a pending completed application to interconnect with a higher queue position, or have an executed interconnection agreement with the public utility.

(f) The public utility must evaluate multiple potential points of interconnection at the applicant’s request. The applicant must pay the costs of this additional evaluation.

(g) The public utility must provide a copy of the feasibility study to the applicant within five business days of the study’s completion.

(h) If the feasibility study identifies any potential adverse system impacts, then the public utility must perform a system impact study.

(i) If the feasibility study does not identify any adverse system impacts, then the public utility must perform a facilities study if the public utility reasonably concludes that a facilities study is necessary to adequately evaluate the application.

(A) If the public utility concludes that a facilities study is not required, then the public utility must approve the application if the application meets the criteria in section (2) and the interconnection of the small generator facility does not require system upgrades or interconnection facilities different from or in addition to the applicant’s proposed interconnection equipment.

(B) If the public utility concludes that a facilities study is not required and that the small generator facility could be interconnected safely if minor modifications to the transmission or distribution system were made (for example, changing meters, fuses, or relay settings), then the public utility must offer the applicant a good-faith, non-binding estimate of the costs of such proposed minor modifications. Modifications are not considered minor under this paragraph if the total cost of the modifications exceeds $10,000. If the applicant authorizes the public utility to proceed with the minor modifications and agrees to pay the entire cost of the modifications, then the public utility must approve the application.

(7) If a public utility is required to perform a system impact study under subsection (6)(h), or if an applicant and a public utility agree in the scoping meeting to waive the feasibility study and proceed directly to the system impact study, then the public utility must provide the applicant with an executable system impact study agreement within five business days of completing the feasibility study or from the date of the scoping meeting, whichever is applicable.

(a) The system impact study agreement must include a detailed scope for the system impact study, a reasonable schedule for completion of the study, and a good-faith, non-binding estimate of the costs to perform the study.

(b) The system impact study agreement must follow the standard form agreement developed by the public utility and approved by the Commission.

(c) The applicant must execute the system impact study agreement within 15 business days of receipt of the agreement or the application is deemed withdrawn.

(d) The public utility must make reasonable, good-faith efforts to follow the schedule set forth in the system impact study agreement for completion of the study.

(e) The system impact study must identify and detail the impacts on the public utility’s transmission or distribution system or on an affected system that would result from the interconnection of the small generator facility if no modifications to the small generator facility or system upgrades were made. The system impact study must include evaluation of the adverse system impacts identified in the feasibility study and in the scoping meeting.

(f) In determining possible adverse system impacts, the public utility must consider the aggregated nameplate rating, or export capacity when applicable, of all generating facilities that, on the date the system impact study begins, are directly interconnected to the public utility’s transmission or distribution system, have a pending completed application to interconnect with a higher queue position, or have an executed interconnection agreement with the public utility. If the small generator facility limits export pursuant to OAR 860-082-0033, the system impact study must use export capacity instead of the nameplate rating, except when assessing fault current contribution. To assess fault current contribution, the system impact study must use the rated fault current if the customer provides the relevant information or provide a written explanation for cases where the utility does not want to rely on customer-provided data. An example of customer-provided data would include provision of manufacturer test data (pursuant to the fault current test described in IEEE 1547.1-2020 clause 5.18) showing that the fault current is independent of the nameplate rating. The public utility must provide an explanation for any cases where the utility does not want to rely on customer-provided data.

(g) The system impact study must include:

(A) A short circuit analysis;

(B) A stability analysis;

(D) Voltage drop and flicker studies;

(E) Protection and set point coordination studies;

(F) Grounding reviews;

(G) The underlying assumptions of the study;

(H) The results of the analyses; and

(I) Any potential impediments to providing the requested interconnection service.

(h) If an applicant provides an independent system impact study to the public utility, then the public utility must evaluate and address any alternative findings from that study.

(i) The public utility must provide a copy of the system impact study to the applicant within five business days of completing the study.

(j) If a public utility determines in a system impact study that interconnection facilities or system upgrades are necessary to safely interconnect a small generator facility, then the public utility must perform a facilities study.

(k) If the public utility determines that no interconnection facilities or system upgrades are required, and the public utility concludes that the application meets the criteria in section (2), then the public utility must approve the application with 15 business days of completion of the system impact study.

(l) If the public utility determines that no interconnection facilities or system upgrades are required and that the small generator facility could be interconnected safely if minor modifications to the transmission or distribution system were made (for example, changing meters, fuses, or relay settings), then the public utility must offer the applicant a good-faith, non-binding estimate of the costs of such proposed minor modifications. Modifications are not considered minor under this subsection if the total cost of the modifications exceeds $10,000. If the applicant authorizes the public utility to proceed with the minor modifications and agrees to pay the entire cost of the modifications, then the public utility must approve the application within 15 business days of the applicant’s agreement to pay for the minor modifications.

(8) If a public utility is required to perform a facilities study under subsection (6)(i) or 7(j), or if an applicant and a public utility agree in the scoping meeting to waive the system impact study and proceed directly to the facilities study, then the public utility must provide the applicant with an executable facilities study agreement within five business days of completing the system impact study or within five business days from the date of the scoping meeting, whichever is applicable.

(a) The facilities study agreement must include a detailed scope for the facilities study, a reasonable schedule for completion of the study, and a good-faith, non-binding estimate of the costs to perform the study.

(b) The facilities study agreement must follow the standard form agreement developed by the public utility and approved by the Commission.

(c) The applicant must execute the interconnection facilities study agreement within 15 business days after receipt of the agreement or the application is deemed withdrawn.

(d) The public utility must make reasonable, good-faith efforts to follow the schedule set forth in the facilities study agreement for completion of the study.

(e) The facilities study must identify the interconnection facilities and system upgrades required to safely interconnect the small generator facility and must determine the costs for the facilities and upgrades, including equipment, engineering, procurement, and construction costs. Design for any required interconnection facilities or system upgrades must be performed under the facilities study agreement. The public utility must also identify the electrical switching configuration of the equipment, including transformer, switchgear, meters, and other station equipment.

(f) The public utility may contract with a third-party consultant to complete the interconnection facilities and system upgrades identified in the facilities study. A public utility and an applicant may agree in writing to allow the applicant to hire a third-party consultant to complete the interconnection facilities and system upgrades, subject to public utility oversight and approval.

(g) The interconnection facilities study must include a detailed estimate of the time required to procure, construct, and install the required interconnection facilities and system upgrades.

(h) If the applicant agrees to pay for the interconnection facilities and system upgrades identified in the facilities study, then the public utility must approve the application.

(9) The public utility may contract with a third-party consultant to complete a feasibility study, system impact study, or facilities study. A public utility and an applicant may agree in writing to allow the applicant to hire a third-party consultant to complete a feasibility study, system impact study, or facilities study, subject to public utility oversight and approval.

(10) The interconnection process is not complete until:

(a) The public utility approves the application;

(b) Any interconnection facilities or system upgrades have been completed;

(c) Any minor modifications to the public utility’s transmission or distribution system required under subsections (5)(d), 6(i)(B), or (7)(l) have been completed;

(d) The witness test, if conducted by the public utility, is successful; and

(e) The applicant and public utility execute a certificate of completion.

(11) If a small generator facility is not approved under the Tier 4 interconnection review procedures, then the public utility must provide a written explanation of the denial to the applicant.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2026, temporary amend filed 04/01/2026, effective 04/01/2026 through 09/04/2026
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0063 Supplemental Review

(1) To accept the offer of a supplemental review, the applicant must submit a signed copy of the Supplemental Review Agreement and pay a supplemental review fee of $1,000, both within 10 business days of the offer. If the written agreement and fee have not been received within that timeframe, the Application will be deemed withdrawn unless the applicant has notified the public utility that they wish to continue being evaluated under the Tier 4 review procedures.

(2) Within 20 business days of an applicant’s election to undergo supplemental review, the public utility must perform supplemental review using the screens set forth below, notify the applicant of the results, and include with the notification a written report of the analysis and data underlying the public utility’s determinations under the screens.

(a) Supplemental Review Penetration Screen: Where 12 months of line section minimum load data (including onsite load, but not station service load served by the proposed small generator facility) are available, can be calculated, can be estimated from existing data, or can be determined from a power flow model, the aggregate export capacity on the feeder or line section is less than 100 percent of the relevant minimum load on the feeder. If minimum load data are not available, or cannot be calculated, estimated, or determined, the aggregated export capacity on the line section is less than 30 percent of the peak load for all line Sections bounded by automatic sectionalizing devices upstream of the proposed project.

(A) Load that is co-located with load-following, non-exporting, or export-limited projects should be appropriately accounted for. The public utility may take the impacts of non-export or export limited generation on the calculation of daytime minimum load when evaluating potential system impacts.

(B) The interconnecting public utility will not consider as part of the aggregate export capacity for purposes of this screen the export capacity of generators known to be already reflected in the minimum load data, including combined heat and power (CHP) facility capacity.

(b) Voltage and Power Quality Screen. In aggregate with existing generation on the line section:

(A) The voltage regulation on the line section can be maintained in compliance with relevant requirements under all system conditions;

(B) The voltage fluctuation is within acceptable limits as defined by IEEE Std 1547™;

(D) Substation transformer backfeed screen. Where existing protective devices and equipment cannot adequately support backfeed, the aggregated export capacity on the substation transformer must be less than 80 percent of the relevant minimum load for the substation transformer.

(E) Supplemental Grounding Screen: If the project failed the Line Configuration Screen, apply the Supplemental Grounding Screen in paragraphs (F)-(H). If the project limits export pursuant to OAR 860-082-0033, the export capacity must be included in any analysis including power flow simulations.

(F) For projects with a rotating machine, if effective grounding is maintained, the project passes the screen.

(G) For projects with a three-phase inverter, apply one of the following screens:

(i) If the line-to-neutral connected load on the feeder or line section is greater than 33 percent of peak load on the feeder or line-section, the project passes the screen.

(ii) If using a supplemental grounding software tool:

(I) If the tool determines that supplemental grounding is not required to maintain effective grounding, the project passes this screen.

(II) If the tool determines that supplemental grounding is required, the applicant must agree to modify the project to include supplemental grounding. If the applicant does not agree to modify the project, the project fails this screen.

(H) If using detailed hosting capacity analysis that incorporates evaluation of temporary overvoltage risk for inverters, the project passes the screen if the nameplate rating of the project is below the available hosting capacity at the Point of Interconnection.

(c) Safety and Reliability Screen. The location of the proposed small generator facility and the aggregate export capacity on the line section do not create impacts to safety or reliability that cannot be adequately addressed without application of the study process. If the project limits export pursuant to OAR 860-082-0033, the export capacity must be included in any analysis, including power flow simulations, except when assessing fault current contribution. To assess fault current contribution, the analysis must use the rated fault current; for example, the applicant may provide manufacturer test data (pursuant to the fault current test described in IEEE 1547.1-2020 clause 5.18) showing that the fault current is independent of the nameplate rating. The interconnecting public utility may consider the following factors and others in determining potential impacts to safety and reliability in applying this screen:

(A) Whether the line section has significant minimum loading levels dominated by a small number of customers (i.e., several large commercial customers).

(B) Whether the loading along the line section is uniform or even.

(C) Whether the project is located in close proximity to the substation (i.e., less than 2.5 electrical circuit miles), and whether the line section from the substation to the Point of Interconnection is a Mainline rated for normal and emergency ampacity.

(D) Whether the project incorporates an adjustable time delay function to prevent reconnection of the generator to the system until system voltage and frequency are within normal limits for a prescribed time.

(E) Whether operational flexibility is reduced by the project, such that transfer of the line section(s) of the Project to a neighboring distribution circuit/substation may trigger overloads or voltage issues.

(F) Whether the project employs equipment or systems certified by a recognized standards organization to address technical issues such as, but not limited to, islanding, reverse power flow, or voltage quality.

(3) If the proposed interconnection passes the supplemental screens, the Application must be approved, and the public utility will provide the applicant an executed Interconnection Agreement pursuant to the procedure set forth in OAR 860-082-0025(7)(e).

(4) After receiving an Interconnection Agreement executed by the public utility, the applicant must proceed under the terms of the applicable level of review under which the Application was initially studied.

(5) Applicants undergoing Supplemental Review will be able to access, review, and verify minimum load calculations except in cases where the minimum load data contain identifiable individual customer data.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, adopt filed 04/09/2024, effective 04/09/2024

Or. Admin. R. 860-082-0065 Recordkeeping and Reporting Requirements

(1) The public utility must maintain a record of the following information for at least two years:

(a) The number of complete small generator interconnection applications received;

(b) The time required to complete the review process for each application; and

(2) For as long as an interconnection customer’s small generator facility is interconnected to a public utility’s transmission or distribution system, the interconnecting public utility must maintain copies of the interconnection application, interconnection agreement, and certificate of completion for the small generator facility. The public utility must provide a copy of the interconnection customer’s records to the interconnection customer within 15 business days after receipt of a written request.

(3) The public utility must submit an annual report to the Commission summarizing the public utility’s interconnection activities for the previous calendar year. The annual report must be filed by May 30 and must include the following information:

(a) The number of complete small generator interconnection applications received;

(b) The number of small generator facility interconnections completed;

(d) The location of completed and proposed small generator facilities by zip code;

(e) For each Tier 3 and Tier 4 small generator interconnection approval, the basic telemetry configuration, if applicable; and

(f) For each Tier 4 small generator interconnection approval:

(A) The interconnection facilities required to accommodate the interconnection of a small generator facility and the estimated costs of those facilities; and

(B) The system upgrades required to accommodate the interconnection of a small generator facility and the estimated costs of those upgrades.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0070 Metering and Monitoring

(1) The public utility must install, maintain, test, repair, operate, and replace any metering and data acquisition equipment necessary under the terms of the public utility’s interconnection agreement, power purchase agreement, or power service agreement with an applicant or interconnection customer. The applicant or interconnection customer is responsible for all reasonable costs associated with the metering and data acquisition equipment. The public utility and the applicant or interconnection customer must have unrestricted access to such equipment as necessary to conduct routine business or respond to an emergency.

(2) Except as provided in subsection 3(b), a public utility may not require an applicant or interconnection customer with a small generator facility with a nameplate rating of less than three megawatts to provide or pay for the data acquisition or telemetry equipment necessary to allow the public utility to remotely monitor the small generator facility’s electric output.

(3) At its discretion, a public utility may require an applicant or interconnection customer to pay for the purchase, installation, operation, and maintenance of the data acquisition or telemetry equipment necessary to allow the public utility to remotely monitor the small generator facility’s electric output if:

(a) The small generator facility has a nameplate rating greater than or equal to 3 megawatts; or

(b) The small generator facility meets the criteria in OAR 860-082-0055(1) for Tier 3 interconnection review and the aggregated nameplate rating on the circuit exceeds 50 percent of the line section annual peak load.

(4) A public utility and an applicant or interconnection customer may agree to waive or modify the telemetry requirements in this rule.

(5) Telemetry Requirements.

(a) The communication must take place via a private network link using a frame relay, fractional T-1 line, or other suitable device. Dedicated remote terminal units from the interconnected small generator facility to a public utility’s substation and energy management system are not required.

(b) A single communication circuit from the small generator facility to the public utility is sufficient.

(d) The small generator facility must be capable of sending telemetric monitoring data to the public utility at a minimum rate of every two seconds from the output of the small generator facility’s telemetry equipment to the public utility’s energy management system.

(e) A small generator facility must provide the following minimum data to the public utility:

(A) Net real power flowing out or into the small generator facility (analog);

(B) Net reactive power flowing out or into the small generator facility (analog);

(D) Data processing gateway heartbeat (used to certify the telemetric signal quality); and

(E) On-line or off-line status (digital).

(f) If an applicant or interconnection customer operates the equipment associated with the high voltage switchyard interconnecting the small generator facility to the transmission or distribution system and is required to provide monitoring and telemetry, then the interconnection customer must provide the following data to the public utility in addition to the data in section (e):

(A) Switchyard line and transformer megawatt and mega volt ampere reactive values;

(B) Switchyard bus voltage; and

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 756.060
PUC 4-2024, amend filed 04/09/2024, effective 04/09/2024
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0075 Temporary Disconnection

(1) Under emergency conditions, a public utility or an interconnection customer may suspend interconnection service and temporarily disconnect a small generator facility from the public utility’s transmission or distribution system at any time and for as long as reasonably necessary.

(a) A public utility must notify an interconnection customer immediately after becoming aware of an emergency condition that may reasonably be expected to affect a small generator facility’s operation. To the extent possible, the notice must describe the emergency condition, the extent of the damage or deficiency, the expected effect on the small generator facility, the anticipated duration of the condition, and the necessary corrective action.

(b) An interconnection customer must notify the public utility immediately after becoming aware of an emergency condition that may reasonably be expected to affect the public utility’s transmission or distribution system. To the extent possible, the notice must describe the emergency condition, the extent of the damage or deficiency, the expected effect on the public utility’s transmission or distribution system, the anticipated duration of the condition, and the necessary corrective action.

(2) A public utility or an interconnection customer may suspend interconnection service and temporarily disconnect a small generator facility to perform routine maintenance, construction, or repairs. A public utility or an interconnection customer must provide written notice five business days before suspending interconnection service or temporarily disconnecting the small generator facility. A public utility and an interconnection customer must use reasonable efforts to coordinate interruptions caused by routine maintenance, construction, or repairs.

(3) A public utility must use reasonable efforts to provide written notice to an interconnection customer affected by a forced outage of the public utility’s transmission or distribution system at least five business days before the forced outage. If prior written notice is not given, then the public utility must provide the interconnection customer written documentation explaining the circumstances of the disconnection within five business days after the forced outage.

(4) A public utility may disconnect a small generator facility if the public utility determines that operation of the small generator facility will likely cause disruption or deterioration of service to other customers served by the public utility’s transmission or distribution system, or if the public utility determines that operation of the small generator facility could cause damage to the public utility’s transmission or distribution system.

(a) The public utility must provide written notice to the interconnection customer of the disconnection at least five business days before the disconnection. If the condition requiring disconnection can be remedied, then the public utility must describe the remedial action necessary.

(b) If requested by the interconnection customer, the public utility must provide documentation supporting the public utility’s decision to disconnect.

(c) The public utility may disconnect the small generator facility if the interconnection customer fails to perform the remedial action identified in the notice of disconnection within a reasonable time, but no less than five business days after the interconnection customer received the notice of disconnection.

(5) A public utility may temporarily disconnect a small generator facility if an interconnection customer makes any change to the facility, other than a minor equipment modification, without the public utility’s prior written authorization. The public utility may disconnect the small generator facility for the time necessary for the public utility to evaluate the affect of the change to the small generator facility on the public utility’s transmission or distribution system.

(6) A public utility has the right to inspect an interconnection customer’s small generator facility at reasonable hours and with reasonable prior written notice to the interconnection customer. If the public utility discovers that the small generator facility is not in compliance with the requirements of the small generator interconnection rules, then the public utility may require the interconnection customer to disconnect the small generator facility until compliance is achieved.

History

Statutory/Other Authority: ORS 183 & 756
Statutes/Other Implemented: ORS 756.040 & 756.060
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0080 Arbitration of Disputes

(1) An interconnecting public utility or an interconnection applicant may petition the Commission for arbitration of disputes arising during review of an application to interconnect a small generator facility or during negotiation of an interconnection agreement. If the public utility or the applicant petitions the Commission to arbitrate their dispute, then the Commission will use an administrative law judge (ALJ) as arbitrator unless workload constraints necessitate the use of an outside arbitrator.

(2) A petition for arbitration of an interconnection agreement must contain:

(a) A statement of all unresolved issues;

(b) A description of each party's position on the unresolved issues; and

(c) A proposed agreement addressing all issues, including those on which the parties have reached agreement and those that are in dispute.

(3) A petition for arbitration of a dispute arising during review of an application to interconnect a small generator facility must contain:

(a) A statement of all unresolved issues;

(b) A description of each party's position on the unresolved issues; and

(4) Respondent may file a response within 25 calendar days of the petition for arbitration. In the response, the respondent must address each issue listed in the petition, describe the respondent's position on those issues, and present any additional issues for which the respondent seeks resolution.

(5) The filing of a petition for arbitration of a dispute arising during review of an application to interconnect a small generator facility does not affect the application’s queue position.

(6) The arbitration is conducted in a manner similar to a contested case proceeding, and the arbitrator has the same authority to conduct the arbitration process as an ALJ has in conducting hearings under the Commission's rules, but the arbitration process is streamlined. The arbitrator holds an early conference to discuss processing of the case. The arbitrator establishes the schedule and decides whether an oral hearing is necessary. After the oral hearing or other procedures (for example, rounds of comments), each party submits its final proposed interconnection agreement or resolution of disputed issues. The arbitrator chooses between the two final offers. If neither offer is consistent with applicable statutes, Commission rules, and Commission policies, then the arbitrator will make a decision that meets those requirements.

(7) The arbitrator may allow formal discovery only to the extent deemed necessary. Parties are required to make good faith attempts to exchange information relevant to any disputed issue in an informal, voluntary, and prompt manner. Unresolved discovery disputes are resolved by the arbitrator upon request of a party. The arbitrator will order a party to provide information if the arbitrator determines the requesting party has a reasonable need for the requested information and that the request is not overly burdensome.

(8) Only the two negotiating parties have full party status. The arbitrator may confer with Commission staff for assistance throughout the arbitration process.

(9) To keep the process moving forward, appeals to the Commission are not allowed during the arbitration process. An arbitrator may certify a question to the Commission if the arbitrator believes it is necessary.

(10) To accommodate the need for flexibility, the arbitrator may use different procedures so long as the procedures are fair, treat the parties equitably, and substantially comply with the procedures listed here.

(11) The arbitrator must serve the arbitration decision on the interconnecting public utility and the interconnection applicant. The parties may file comments on the arbitration decision with the Commission within 10 calendar days after service.

(12) The Commission must accept, reject, or modify an arbitration decision within 30 calendar days after service of the decision.

(13) Within 14 calendar days after the Commission issues an order on a petition for arbitration of an interconnection agreement, the petitioner must prepare an interconnection agreement complying with the terms of the decision and serve it on respondent. Respondent must either sign and file the interconnection agreement or file objections to it within 10 calendar days of service of the agreement. If objections are filed, respondent must state how the interconnection agreement fails to comply with the Commission order and offer substitute language complying with the decision. The Commission must approve or reject a filed interconnection agreement within 20 calendar days of its filing or the agreement is deemed approved.

(14) If petitioner, without respondent's consent, fails to timely prepare and serve an interconnection agreement on respondent, respondent may file a motion requesting the Commission dismiss the petition for arbitration with prejudice. The Commission may grant such motion if the petitioner's failure to timely prepare and serve the interconnection agreement was the result of inexcusable neglect on the part of petitioner.

(15) The public utility and the applicant may agree to hire an outside arbitrator rather than file a petition with the Commission. The public utility and the applicant must share equally the costs of an outside arbitrator unless they mutually agree to a different payment arrangement.

History

Statutory/Other Authority: ORS 756
Statutes/Other Implemented: ORS 756.040 & 756.500
PUC 10-2009, f. & cert. ef. 8-26-09

Or. Admin. R. 860-082-0085 Complaints for Enforcement

(1) This rule specifies the procedure for a public utility, an interconnection customer, or an applicant to file a complaint for the enforcement of an interconnection agreement. Filing dates for enforcement complaint proceedings are calculated and enforced per OAR 860-001-0150.

(3) A complaint for enforcement must:

(b) Include a copy of the written notice, required by section (2), indicating that the complainant intends to file a complaint for enforcement;

(c) Include a copy of the interconnection agreement or the portion of the agreement that the complainant contends that defendant violated or is violating. If a copy of the entire agreement is provided, complainant must specify the provisions at issue;

(d) Contain a statement of the facts or law demonstrating defendant’s failure to comply with the interconnection agreement and complainant’s entitlement to relief. The statement must indicate that the remedy sought is consistent with the dispute resolution provisions in the agreement, if any. Statements of facts must be supported by written testimony with affidavits made by persons competent to testify and having personal knowledge of the relevant facts. Statements of law must be supported by appropriate citations. If exhibits are attached to the affidavits, the affidavits must contain the foundation for the exhibits;

(e) Designate up to three persons to receive copies of pleadings and documents;

(f) Include an executive summary, filed as a separate document not to exceed 8 pages, outlining the issues and relief requested; and

(g) Include any motions for affirmative relief, filed as a separate document and clearly marked. Nothing in this subsection precludes complainant from filing a motion subsequent to the filing of the complaint if the motion is based upon facts or circumstances unknown or unavailable to complainant at the time the complaint was filed.

(4) On the same day the complaint is filed with the Commission, complainant must serve a copy of the complaint on defendant’s authorized representative, attorney of record, or designated agent for service of process. Service may be by telephonic facsimile, electronic mail, or overnight mail, but the complaint must arrive at defendant’s location on the same day the complaint is filed with the Commission. Service by facsimile or electronic mail must be followed by a physical copy of the complaint the next day by overnight delivery.

(a) Contain a statement of specific facts demonstrating that the defendant conferred with complainant in good faith to resolve the dispute and that despite those efforts the parties failed to resolve the dispute;

(b) Respond to each allegation in the complaint and set forth all affirmative defenses;

(c) Contain a statement of the facts or law supporting defendant’s position. Statements of facts must be supported by written testimony with affidavits made by persons competent to testify and having personal knowledge of the relevant facts. Statements of law must be supported by appropriate citations. If exhibits are attached to the affidavits, then the affidavits must contain the foundation for the exhibits; and

(d) Designate up to three persons to receive copies of other pleadings and documents.

(7) On the same day the answer is filed with the Commission, the defendant must serve a copy of the answer to the complainant’s authorized representative, attorney of record, or designated agent for service of process.

(9) A cross-complaint or counterclaim must be answered within the 10-business day time frame allowed for answers to complaints.

(10) The Commission will conduct a conference regarding each complaint for enforcement of an interconnection agreement.

(a) The administrative law judge (ALJ) schedules a conference within 5 business days after the answer is filed, to be held as soon as practicable. At the discretion of the ALJ, the conference may be conducted by telephone.

(b) Based on the complaint and the answer, all supporting documents filed by the parties, and the parties' oral statements at the conference, the ALJ determines whether the issues raised in the complaint can be determined on the pleadings and submissions without further proceedings or whether further proceedings are necessary. If further proceedings are necessary, the ALJ establishes a procedural schedule. Nothing in this subsection is intended to prohibit the bifurcation of issues where appropriate.

(c) In determining whether further proceedings are necessary, the ALJ must consider, at a minimum, the positions of the parties, the need to clarify evidence through the examination of witnesses, the complexity of the issues, the need for prompt resolution, and the completeness of the information presented.

(d) The ALJ may make oral rulings on the record during the conference on all matters relevant to the conduct of the proceeding.

(11) A party may file with the complaint or answer a request for discovery, stating the matters to be inquired into and their relationship to matters directly at issue.

(12) When warranted by the facts, the complainant or defendant may file a motion requesting that an expedited procedure be used. The moving party must file a proposed expedited procedural schedule along with its motion. The ALJ must schedule a conference to be held as soon as practicable to determine whether an expedited schedule is warranted.

(a) The ALJ will consider whether the issues raised in the complaint or answer involve a risk of imminent, irrevocable harm to a party or to the public interest.

(c) In general, the ALJ will not entertain a motion for expedited procedure where the dispute solely involves the payment of money.

History

Statutory/Other Authority: ORS 756
Statutes/Other Implemented: ORS 756.040 & 756.500
PUC 1-2015, f. & cert. ef. 3-3-15
PUC 10-2009, f. & cert. ef. 8-26-09

Division 83 RENEWABLE PORTFOLIO STANDARDS

Or. Admin. R. 860-083-0005 Scope and Applicability of Renewable Portfolio Standards Rules

(1) OAR 860-083-0005 through 860-083-0500 (the “Renewable Portfolio Standards rules”) establish rules governing implementation of Renewable Portfolio Standards for electric companies and electricity service suppliers provided under ORS 469A.005 through 469A.210.

(2) Upon request or its own motion, the Commission may waive any of the Division 083 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 756.040, 757.659 & 469A.065
Statutes/Other Implemented: 469A.065
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 8-2009, f. & cert. ef. 8-5-09
PUC 7-2009, f. & cert. ef. 6-25-09

Or. Admin. R. 860-083-0010 Definitions

As used in division 083:

(1) “Aggregate costs” means costs included in ORS 469A.100(4)(c), (d), and (e) that are applicable to more than one generating facility. Aggregate costs also include physical or financial costs for assets to replace interruptions of generation or deliveries of short-term or long-term qualifying electricity, short-term electricity that is not qualifying, or electricity from proxy plants.

(2) “Alternative compliance rate” has the meaning given that term in ORS 469A.180(2).

(3) “Amortization” means spreading the initial estimates of capital costs of long-term qualifying electricity or a proxy plant at the discount rate over an initial amortization period. For replacement costs that were not included in the initial estimate of capital or operating costs for qualifying electricity, amortization means spreading such replacement costs at the discount rate over the remainder of the current amortization period for the associated qualifying electricity. For significant investments in facilities producing qualifying electricity, amortization means spreading such significant investment costs and the remaining unamortized investment of the facility at the discount rate over the expected useful life of the facility.

(4) “Annual revenue requirement” has the meaning given that term in ORS 469A.100(3).

(5) “Applicable filing for an electric company” means an implementation plan under ORS 469A.075, a filing for a change to rates for retail electricity consumers that includes costs of qualifying electricity in rates for the first time, or a compliance report under ORS 469A.170. Applicable filing does not include filings to change rates before 2011.

(6) “Applicable filing for an electricity service supplier” means a compliance report under ORS 469A.170.

(7) “Average cost of compliance” for an electricity service supplier means its total cost of compliance divided by its retail sales in megawatt-hours in the service areas of electric companies subject to ORS 469A.052 for a compliance year.

(8) “Average retail revenue” for an electric company means the annual revenue requirement for a compliance year as determined in OAR 860-083-0200 divided by the forecast of retail sales in megawatt-hours used to determine the annual revenue requirement.

(9) “Banked renewable energy certificate” has the meaning given that term in ORS 469A.005(1).

(10) “Bundled renewable energy certificate” has the meaning given that term in ORS 469A.005(3).

(11) “Compliance year” has the meaning given that term in ORS 469A.005(4).

(12) “Cost of bundled renewable energy certificates” means the levelized incremental cost of the qualifying electricity associated with the bundled renewable energy certificate.

(13) “Cost limit for an electric company” has the meaning given that term in ORS 469A.100.

(14) “Discount rate” means the nominal after-tax marginal weighted-average cost of capital.

(15) “Electric company” has the meaning given that term in ORS 757.600.

(16) “Electricity service supplier” has the meaning given that term in ORS 757.600.

(17) “Extended amortization period” means the period or periods after an initial amortization period where a facility will continue to provide qualifying electricity.

(18) “Implementation plan” has the meaning given that term in ORS 469A.075.

(19) “Incremental cost of compliance” means the cost of bundled renewable energy certificates used for compliance for a compliance year as calculated pursuant to OAR 860-083-0100.

(20) “Initial amortization period for an electric company ” means the amortization period for new long-term qualifying electricity or a corresponding proxy plant established in the beginning year of new long-term qualifying electricity. If the qualifying electricity is acquired through a contract, the length of the amortization period is the term of the agreement. For facilities owned by an electric company and the proxy plant, the initial amortization period is based on the electric company’s most recent depreciation study approved by the Commission for the type of generating facility.

(21) “Initial amortization period for an electricity service supplier” for facilities that produce qualifying electricity means a period based on the expected useful lifetime of the facility. If the qualifying electricity is acquired through a contract, the length of the amortization period is the term of the agreement. For proxy plants for an electricity service supplier, the initial amortization period means the period for a proxy plant used by the electric company subject to ORS 469A.052 in whose service area it made the most retail sales in megawatt-hours over the five calendar years preceding the compliance year.

(22) “Integrated resource plan” means the long-term resource plan filed by an electric company that is subject to Commission acknowledgment as is generally set forth in Commission Order Nos. 07-002, 07-047 and 08-339.

(23) “Interruptions of generation or deliveries” include, but are not limited to, planned and unplanned generating and transmission facility outages and derates, natural gas delivery interruptions, and reduced generation due to weather or curtailments.

(24) “Levelized cost for long-term qualifying electricity and the corresponding proxy plant” means the present value of amortized capital costs and all other costs amortized at the discount rate over the time horizon of the qualifying electricity. Levelized cost also includes an estimate of the net present value of costs and benefits for the qualifying electricity and the corresponding proxy plant likely to occur after the end of the applicable time horizon, amortized over the time horizon at the discount rate.

(25) “Levelized cost for short-term qualifying electricity” means costs levelized over the term of the contract.

(26) “Levelized cost for short-term non-qualifying electricity” means costs levelized over a term consistent with the duration of the contract for qualifying electricity.

(27) “Long-term qualifying electricity” means electricity from facilities owned by an electric company or electricity service supplier that generate qualifying electricity and qualifying electricity purchased pursuant to contracts of five years or more in duration.

(28) “New qualifying electricity for an electric company” means qualifying electricity when the costs are first included in an applicable filing for a compliance year. New qualifying electricity may be from new generating facilities, generating facilities with significant new investments, or new contracts to purchase electricity.

(29) “New qualifying electricity for an electricity service supplier” means qualifying electricity from new generating facilities, generating facilities with significant new investments, or new contracts to purchase electricity that the supplier plans to use to serve customers of electric companies subject to ORS 469A.052 and are first operational in a compliance year.

(30) “Proxy plant” means, unless otherwise specified by the Commission, a base-load combined-cycle natural gas-fired generating facility that is used to estimate the costs of non-qualifying electricity corresponding to new long-term qualifying electricity with the same beginning amortization year.

(31) “Qualifying electricity” has the meaning given that term in ORS 469A.005(9).

(32) “Renewable energy certificate” has the meaning given that term in OAR 330 160-0015(8) (effective September 3, 2008).

(33) “Renewable energy source” has the meaning given that term in ORS 469A.005(10).

(34) “Replacement costs” means capital costs that have the effect of replacing initial capital costs for long-term qualifying electricity or proxy plants.

(35) “Retail electricity consumer” has the meaning given that term in ORS 469A.005(11).

(36) “Short-term qualifying electricity” means qualifying electricity purchased pursuant to contracts of less than five years in duration.

(37) “Significant investments" means investments in a compliance year that if the investments were amortized over the remainder of the amortization period and combined with cost changes associated with such investments, they would increase the levelized cost of the facility by more than 10 percent. Such estimates do not include replacement costs that were included in the initial estimates of capital or operating costs.

(38) “Specific costs” means the costs for electricity plus the costs for transmission delivery and substations that can reasonably serve only a single generating facility or contract.

(39) “Total cost of compliance” for an electric company or electricity service supplier means the cumulative cost of:

(a) The incremental cost of compliance;

(b) The cost of unbundled renewable energy certificates used to meet the applicable renewable portfolio standard for a compliance year; and

(c) The cost of alternative compliance payments used to meet the applicable renewable portfolio standard for a compliance year.

(40) “Unbundled renewable energy certificate” has the meaning given that term in ORS 469A.005(12).

History

Statutory/Other Authority: ORS 756.040, ORS 757.659 & ORS 469A.065
Statutes/Other Implemented: ORS 469A.005 - 469A.210 & 2023 HB 3161
PUC 11-2023, amend filed 12/28/2023, effective 12/28/2023
PUC 8-2009, f. & cert. ef. 8-5-09

Or. Admin. R. 860-083-0050 Renewable Energy Certificates Eligible for Compliance With a Renewable Portfolio Standard

An electric company or an electricity service supplier may use a renewable energy certificate to comply with a renewable portfolio standard contained in ORS 469A.052, 469A.055, or 469A.065 in a calendar year as follows:

(1) The electric company or electricity service supplier has not previously used, sold or otherwise transferred the renewable energy certificate;

(2) The electric company has not previously used the renewable energy certificate to comply with requirements set forth in its own tariff that is in effect in Oregon or in another state, that are not related to an ORS 469A renewable portfolio standard or similar standard in another state;

(3) A renewable energy certificate that has been traded, sold or otherwise transferred is not eligible to become a banked renewable energy certificate; and

(4) The renewable energy certificate complies with OAR 330-160-0005 through 330-160-0030 (effective September 3, 2008).

History

Statutory/Other Authority: ORS 756.040, 757.659, 469A.065, 469A.150 & 469A.170
Statutes/Other Implemented: ORS 469A.005, 469A.050 - 469A.055, 469A.065 - 469A.070 & 469A.130 - 469A.170
PUC 7-2009, f. & cert. ef. 6-25-09

Or. Admin. R. 860-083-0100 Incremental Costs

(1)(a) For amortization and levelization calculations, an electric company must use the discount rate used in its most recently filed or updated integrated resource plan, unless otherwise specified by the Commission.

(b) For amortization and levelization calculations, an electricity service supplier must use the discount rate applicable to the electric company in whose service area it made the most retail sales in megawatt-hours over the five calendar years preceding the compliance year.

(c) The incremental cost under ORS 469A.100(4) for long-term qualifying electricity is the difference between the levelized annual cost of qualifying electricity delivered in a compliance year and the levelized annual cost of an equivalent amount of electricity delivered from the corresponding proxy plant.

(d) The time horizon for long-term qualifying electricity and for the corresponding proxy plant must be no longer than the amortization period of the qualifying electricity and must be at least as long as the lesser of:

(A) The amortization period of the qualifying electricity; or

(B) The period from the beginning year of the amortization period of the qualifying electricity until 20 years after the current compliance year.

(e) The incremental cost under ORS 469A.100(4) for short-term qualifying electricity is the difference between the levelized annual cost of qualifying electricity delivered in a compliance year and the levelized annual cost of an equivalent amount of delivered market purchases with a consistent term that is not qualifying electricity. The cost of non-qualifying electricity must be based on published prices for a nearby electricity trading hub. When choosing among nearby hubs, the one with transmission costs most similar to the short-term qualifying electricity must be used. Specific costs must be adjusted to account for the differences in all transmission-associated costs.

(f) Levelized annual delivered costs for qualifying electricity and non-qualifying electricity are specific costs plus applicable shares of aggregate costs.

(g) Aggregate and specific costs for interstate electric companies must reflect interstate allocations of costs.

(h) Incremental cost estimates for an electric company must be based on the likely impacts on the rates of its Oregon retail electricity consumers.

(i) Incremental costs are deemed to be zero for qualifying electricity from generating facilities or contracts that became operational before June 6, 2007 and for certified low-impact hydroelectric facilities under ORS 469A.025(5).

(2) Each electric company must forecast the levelized incremental cost of long-term qualifying electricity in the following manner:

(a) For each generation source of qualifying electricity, the electric company must estimate the delivered cost of qualifying electricity for each year over the time horizon of the qualifying electricity. Delivered cost includes aggregate costs and costs specific to a generating facility or contract. Costs include, but are not limited to, those specified in ORS 469A.100(4). Capital costs must be amortized.

(b) The levelized annual cost of qualifying electricity delivered in the compliance year must be based on all costs that will be included in rates through the qualifying electricity’s time horizon.

(d) Aggregate transmission costs must be allocated proportionately to existing and planned generating facilities that will reasonably be served by the transmission facilities.

(e) If an electric company anticipates that it will have firming and shaping services available for sale for a compliance year, the company may not use rates in its Open Access Transmission Tariff approved by the Federal Energy Regulatory Commission as the basis for the firming or shaping portion of aggregate costs. In such case, the electric company should use the actual or forecasted cost of supplying or purchasing firming and shaping services as the basis for such costs. If an electric company anticipates it will not be able to sell firming and shaping services due to its use of such services, the company may use its approved Open Access Transmission Tariff as the basis for such costs.

(3) Each electricity service supplier must forecast the cost of long-term qualifying electricity it plans to use to serve the service areas of electric companies subject to ORS 469A.052 consistent with section (2) of this rule.

(4) Updates of amortization periods are required for compliance reports described in ORS 469A.170 and implementation plans described in ORS 469A.075 under any of the following circumstances:

(a) If a generation facility that was previously included in a compliance report has significant investment costs in a compliance year, all qualifying electricity from the facility is new qualifying electricity under this rule with an amortization period based on the expected useful life of the facility, considering such investments. Except as provided in subsections (13)(a) and (b) of this rule, costs for each such facility must be updated in the next regularly scheduled compliance report and implementation plan.

(b) Except as provided in subsections (13)(a) and (b) of this rule, if a generating facility produces qualifying electricity after all capital costs have been amortized, the electric company must update the next regularly scheduled compliance report and implementation plan to establish an extended amortization period. The extended amortization period must be based on the expected remaining useful life of the facility. Qualifying electricity from the facility must be treated in the same manner as new qualifying electricity. Additional extended amortization periods may be added.

(c) Each electricity service supplier must update amortization periods for long-term qualifying electricity it plans to use to serve the service areas of electric companies subject to ORS 469A.052 consistent with subsections (4)(a) and (b) of this rule.

(5) The amortization period for a generation facility may change as provided in subsections (4)(a) or (b) or (6)(g) of this rule. Otherwise, the amortization period of the facility may not change.

(6) For each compliance year, except as provided in subsections (13)(a) and (b) of this rule, each electric company must establish a new proxy plant for use in estimating the cost of non-qualifying electricity corresponding to new long-term qualifying electricity with the same beginning amortization year. New proxy plant costs must be based on relevant information in the most recently filed or updated integrated resource plan unless there have been material changes since the most recent of such filings. Proxy plant costs must be estimated in the following manner:

(a) For each new proxy plant, each electric company must provide the estimated heat rate, availability factor, operation and maintenance costs per megawatt-hour, annualized capital replacement costs per megawatt-hour, and the initial capital costs per megawatt. The initial capital cost estimate must comply with the following requirements:

(A) Adjustment must be made for price escalation or de-escalation based on the initial year of the proxy plant and the applicable year of the estimate. Such adjustment may be based on applicable construction cost indexes or other published sources; and

(B) Initial capital costs must be amortized.

(b) Each electric company must estimate the costs of factors listed in subsection (6)(a) of this rule and other elements of the proxy plant that affect its costs for each year of the time horizon of the proxy plant. Estimates must account for expected degradation of the heat rate, capacity, and other elements affecting costs. Forecasts of fuel prices must include cost adders based on current regulation of greenhouse gas emissions or such regulations that are known or reasonably expected to be implemented in the relevant time frame.

(c) Each electric company must allocate aggregate costs for proxy plants in a manner consistent with the allocation of aggregate costs for qualifying electricity.

(d) For calculating the incremental cost for long-term qualifying electricity from a specific generating source, annual aggregate and specific costs for the corresponding proxy plant must be levelized over the time horizon of the qualifying electricity.

(e) The average cost per megawatt-hour for each year of the applicable time horizon is the levelized cost in subsection (6)(d) of this rule divided by the expected base-load electricity production of the proxy plant for that year.

(f) The cost of equivalent non-qualifying electricity is the estimated average cost per megawatt-hour of the proxy plant in subsection (6)(e) of this rule for each year multiplied by the amount of corresponding long-term qualifying electricity that was produced, or is expected to be produced, in each year of the applicable time horizon.

(g) If corresponding long-term qualifying electricity is produced or is planned to be produced after a proxy plant’s initial amortization period, a new amortization period for the qualifying electricity must be established based on the expected remaining useful life of the generating facility. Any remaining unamortized investment for the facility associated with the qualifying electricity must be amortized over the new amortization period. Qualifying electricity from the facility must be treated in the same manner as new qualifying electricity.

(h) If the initial amortization period for new long-term qualifying electricity is longer than the initial amortization period for the corresponding proxy plant, the electric company must estimate the year-by-year replacement capital, operation and maintenance expenditures necessary to extend the lifetime of the proxy plant to a period equal to or greater than the amortization period of the qualifying electricity. In such case, initial and replacement capital costs of the proxy plant must be amortized over its extended lifetime before the proxy plant costs are levelized in subsection (6)(d) of this rule. Fuel costs must be estimated for each year of the extended lifetime of the proxy plant. A proxy plant whose lifetime has been extended under this subsection may be used as the corresponding proxy plant for all new long-term qualifying electricity with the same beginning amortization year.

(i) Each electricity service supplier must forecast the cost of proxy plants consistent with subsections (6)(a) through (h) of this rule for plants corresponding to long-term qualifying electricity it plans to use to serve the service areas of an electric company subject to ORS 469A.052.

(7) To the extent practical, forecasts of proxy plant fuel prices in compliance reports and implementation plans must be based on the most recent forecast filed in an avoided cost proceeding under ORS 758.525(1) or filed or updated in an integrated resource planning proceeding per Commission orders. Fuel prices must include fuel transportation costs to an appropriate location for the proxy plant. Forecasts of fuel costs made by electric companies and electricity service suppliers for each new proxy plant must use one of the following methods when a new proxy plant is established:

(a) Proxy plant fuel prices may be based on financially firm, long-term fixed prices for fuel for the period such contracts are available. After such period, the method in subsection (7)(b) of this rule must be used; or

(b) Proxy plant fuel prices may be based on forecasts of spot prices for fuel at an appropriate market trading hub plus an estimate of the cost of hedging as much fuel price risk as can be reasonably achieved for remainder of the time horizon of such plant.

(8) To the extent practical, forecasts of biomass fuel prices in compliance reports and implementation plans must be based on the most recently filed or updated integrated resource plan. Fuel costs for long-term qualifying electricity from biomass sources specified in ORS 469A.025(2) must be forecast in a manner that reduces fuel price risk as much can be reasonably achieved though long-term contracts, hedging, or other mechanisms for the time horizon of the generation resource.

(9)(a) If fuel prices for a proxy plant or biomass plant were forecasted based on a method similar to the method in subsection (7)(b) of this rule, an electric company must update plant costs for actual spot fuel prices, including actual cost adders from regulation of greenhouse gas emissions, in each implementation plan and compliance report.

(b) If fuel prices are updated as described in subsection (9)(a) of this rule, actual fuel costs must include hedging costs as described in subsection (7)(b) or section (8) of this rule.

(c) For the period fuel prices for a proxy plant or biomass plant were forecasted based on a method similar to the method in subsection (7)(a) of this rule, fuel costs are not updated, except fuel costs are updated for additional actual costs from regulation of greenhouse gas emissions if such costs were not included in the contract referenced in subsection (7)(a) of this rule.

(d) In its implementation plans and compliance reports, an electric company must update for amounts of actual qualifying electricity.

(e) To the extent that forecasts of the amount of qualifying electricity are used in a compliance report, such forecasts, to the extent practicable, should be based on the most recently filed implementation plan, unless section (10) or (11) of this rule applies.

(f) In its compliance reports, an electricity service supplier must include updated estimates of the incremental cost of long-term qualifying electricity at least every two years consistent with subsections (9)(a) through (e) of this rule for qualifying electricity it plans to use to serve the service areas of an electric company subject to ORS 469A.052.

(10) If an electric company or electricity service supplier discovers a significant error in its incremental cost estimates, it must update incremental cost estimates in the next applicable filing.

(11) If the number of renewable energy certificates used for compliance or the amount of alternative compliance payments is reduced due to a cost limit in ORS 469A.100, the electric company or electricity service supplier must review the methodologies used to estimate the levelized costs of proxy plants and long-term qualifying electricity. If a systematic error is discovered, all such errors must be corrected in estimates of the incremental costs of qualifying electricity in the applicable compliance report. If such a correction is made, the correct total number of certificates and amount of alternative compliance payment, if any, must be used for the compliance year.

(12) If the cost limit specified in ORS 469A.100(1) is expected to reduce the number of renewable energy certificates used for compliance or the amount of alternative compliance payments for any forecasted compliance year covered by an implementation plan, the electric company must review the methodologies used to estimate the levelized costs of proxy plants and long-term qualifying electricity. If a systematic error is discovered, all such errors must be corrected in estimates of the incremental cost of qualifying electricity in the applicable implementation plan.

(13)(a) Except as provided in section (11) of this rule, if new long-term qualifying electricity in a compliance year, including qualifying electricity treated in the same manner as new qualifying electricity in subsections (4)(b) and (6)(g) of this rule, totals less than 20 megawatts of capacity, the incremental cost for such long-term qualifying electricity is not required to be included in compliance reports or implementation plans. Such long-term qualifying electricity may be included in a compliance report for purposes of determining compliance with the applicable renewable portfolio standard under ORS 469A.052 or 469A.065.

(b) When the capacity of qualifying electricity described in subsection (13)(a) of this rule equals or exceeds 20 megawatts in a compliance year or the cumulative capacity of qualifying electricity in subsection (13)(a) of this rule exceeds 50 megawatts, the incremental cost of all such qualifying electricity must be included in the compliance report for the compliance year and in compliance reports and implementation plans filed after such compliance report.

(c) The amortization periods for the qualifying electricity in subsections (13)(a) and (b) of this rule must begin at the same time as the latest operational date for the qualifying electricity. Costs must be adjusted for price escalation or de-escalation based on the beginning amortization year and actual initial years for such qualifying electricity. Adjustments may be based on applicable construction costs indexes or other published sources.

(d) A new proxy plant with the same beginning amortization year as the qualifying electricity in subsection (13)(c) of this rule must be used to estimate the non-qualifying costs corresponding to such qualifying electricity.

History

Statutory/Other Authority: ORS 756.040, 757.659 & 469A.065
Statutes/Other Implemented: ORS 469A.100
PUC 8-2009, f. & cert. ef. 8-5-09

Or. Admin. R. 860-083-0200 Electric Company Revenue Requirements

(1) For the purposes of division 083, annual revenue requirement is the amount produced from the following calculations:

(a) If the electric company is involved in a general rate proceeding using a test year that is reasonably representative of the compliance year and that results in the Commission issuing a final order no later than January 1 of the compliance year, annual revenue requirement is the total revenue the Commission authorizes an electric company the opportunity to recover in Oregon rates before the application of credits resulting from 16 U.S.C. sec. 839(c) (2008) (commonly known as the “Bonneville Power Administration Residential Exchange”) adjusted for amounts and costs as needed in accordance with ORS 469A.100(3); or

(b) For a compliance year not involving a general rate proceeding under subsection (1)(a) of this rule, annual revenue requirement is the amount produced by the following calculation:

(A) Calculate the operating revenues related to net power costs, the renewable adjustment clause, updates for base rate changes relating to automatic adjustment clauses, and other adjustments authorized by the Commission subsequent to the most recent general rate proceeding and adjusted for electric company load changes as needed; and

(B) To the amount calculated under paragraph (1)(b)(A) of this rule, add the product of:

(i) The total operating revenues authorized in the most recent general rate proceeding, reduced by the amount of operating revenues related to energy efficiency programs, low income energy assistance, the incremental cost of compliance, unbundled renewable energy certificates, alternative compliance payments, and net power costs in the general rate proceeding, and increased by credits resulting from 16 U.S.C. sec. 839(c) (2008); and

(ii) The ratio of the compliance year forecasted load to the load from the most recent general rate proceeding; and

(C) In the sum calculated under subsection (1)(b) of this rule, adjust for the amounts and costs as needed in accordance with ORS 469A.100(3).

(2) For a compliance year under subsection (1)(b) of this rule, each electric company that is subject to a renewable portfolio standard in the following calendar year under ORS 469A.052 must file its proposed annual revenue requirement for the following compliance year on or before November 15, 2010, and annually thereafter.

(3) On or before December 1, 2010, and annually thereafter, each electric company must amend its filing made under section (2) of this rule for any updated renewable adjustment clause filing and retail electricity consumer loads that will be served through direct access in the compliance year.

(4) For a compliance year involving a general rate proceeding under subsection (1)(a) of this rule, the electric company must make a compliance filing by December 1 in the year preceding the compliance year or 14 days from the entered date of the Commission’s final order in the general rate proceeding, whichever is later. The compliance filing must calculate the total revenue the Commission authorized the electric company the opportunity to recover in Oregon rates in the final rate proceeding order, adjusted for amounts and costs as needed under ORS 469A.100(3).

History

Statutory/Other Authority: ORS 756.040, 757.659 & 469A.065
Statutes/Other Implemented: ORS 469A.100
PUC 8-2009, f. & cert. ef. 8-5-09

Or. Admin. R. 860-083-0300 Compliance Standards

(1) Each electricity service supplier subject to ORS 469A.065 must meet the requirements of 469A.052 unless a limit specified in section (2) or section (3) of this rule applies.

(2)(a) The cost limit under ORS 469A.100(6) for an electricity service supplier means four percent of the weighted average of the average retail revenues per megawatt-hour of the electric companies subject to 469A.052 in whose service areas the electricity service supplier sells electricity. The weights are the retail sales in megawatt-hours by the electricity service supplier in the service areas of electric companies subject to 469A.052 for a compliance year.

(b) If the average cost of compliance per megawatt-hour for an electricity service supplier subject to ORS 469A.065 exceeds the cost limit for a compliance year, the electricity service supplier is not required to incur additional costs to meet section (1) of this rule.

(3)(a) An electric company or an electric service supplier is not required to meet the renewable portfolio standards during each compliance year to the extent that:

(A) For the electric company, the total cost of compliance to meet the renewable portfolio standard exceeds the cost limit in ORS 469A.100(1); and

(B) For the electricity service supplier, the average cost of compliance exceeds the cost limit in section (2) of this rule.

(b) In determining compliance with the applicable renewable portfolio standard in ORS 469A.052 or 469A.065 and the applicable cost limits under 469A.100(1) and 469A.100(6), the following apply:

(A) For the purposes of this rule, banked renewable energy certificates do not include a renewable energy certificate generated or acquired in the same calendar year as the compliance year for which its use is attributed.

(B) Subject to the Commission’s review under ORS 469A.170, an electric company or electricity service supplier may elect to use alternative compliance payments to comply with the applicable renewable portfolio standard. The Commission may also require an electric company or electricity service supplier to use alternative compliance payments to comply with the applicable renewable portfolio standard if the alternative compliance payments would not cause the electric company or electric service supplier to exceed the applicable cost limits in ORS 469A.100(1) and 469A.100(6).

(C) Subject to the limitations under ORS 469A.145 and the cost limit under 469A.100, if the banked renewable energy certificates each electric company or electricity service supplier uses are not sufficient to achieve compliance with the applicable renewable portfolio standard, the electric company or electricity service supplier must use renewable energy certificates issued or acquired in the compliance year or between January 1 through March 31 of the year following the compliance year, or make an alternative compliance payment, up to the amount required for compliance with the applicable standard. Bundled renewable energy certificates must be used in chronological order from first issued to last issued.

(D) If the total cost of compliance exceeds the cost limit under ORS 469A.100, the electric company or electricity service supplier is not required to use additional renewable energy certificates or make an alternative compliance payment to meet the applicable standard.

(c) The costs of renewable energy certificates used to determine whether the cost limit has been reached must be from the applicable compliance report.

(4) For purposes of this rule, the electric company's multi-state allocation of renewable energy certificates shall be informed by the most recent inter-jurisdictional allocation protocol adopted by the Commission.

History

Statutory/Other Authority: ORS 756.040, ORS 757.659 & ORS 469A.065
Statutes/Other Implemented: ORS 469A.050, ORS 469A.052, ORS 469A.065, ORS 469A.070, ORS 469A.100, ORS 469A.140 & ORS 469A.145
PUC 6-2021, amend filed 06/29/2021, effective 06/30/2021
PUC 8-2009, f. & cert. ef. 8-5-09

Or. Admin. R. 860-083-0350 Compliance Reports by Electric Companies and Electricity Service Suppliers

(1)(a) On or before June 1, 2012, and annually on or before June 1 thereafter, each electric company that is subject to a renewable portfolio standard set forth in ORS 469A.052 or 469A.055 for the previous calendar year must file a report with the Commission demonstrating compliance, or explaining in detail its failure to comply, with the applicable renewable portfolio standard.

(b) On or before June 1, 2012, and annually on or before June 1 thereafter, each electricity service supplier that is subject to a renewable portfolio standard contained in ORS 469A.065 and sells electricity to retail electricity consumers in the service territories of electric companies subject to 469A.052 must file a report with the Commission demonstrating compliance, or explaining in detail its failure to comply, with OAR 860-083-0300(1) for the preceding compliance year.

(2) For electric companies subject to ORS 469A.052 and electricity service suppliers subject to 469A.065, the report in section (1) of this rule must include the following information related to Oregon retail electric consumers for activities of the electric company or electricity service supplier for the preceding compliance year:

(a) The total number of megawatt-hours sold to retail electricity consumers covered by ORS 469A.052 by the electric company or sold in the service areas of each electric company covered by 469A.052 by the electricity service supplier.

(b) The total number of renewable energy certificates, identified as either unbundled or bundled certificates, acquired in the compliance year and used to meet the renewable portfolio standard.

(c) The total number renewable energy certificates, identified as either unbundled or bundled certificates, acquired on or before March 31 of the year following the compliance year and used to meet the renewable portfolio standard.

(d) The total number and cost of unbundled renewable energy certificates, identified as either banked or non-banked certificates, used to meet the renewable portfolio standard.

(e) The total number of banked bundled renewable energy certificates that were used to meet the renewable portfolio standard.

(f) The total number of renewable energy certificates, identified as either bundled or unbundled certificates, issued in the compliance year that were banked to serve Oregon electricity consumers.

(g) For electric companies, unless otherwise provided under subsection (2)(k) of this rule, the total number of renewable energy certificates included in the rates of Oregon retail electricity consumers that were sold since the last compliance report, including:

(A) The names of the associated generating facilities; and

(B) For each facility, the year or years the renewable energy certificates were issued.

(h) Unless otherwise provided under subsection (2)(k) of this rule, for each generating facility associated with the renewable energy certificates included in subsections (2)(b), (c), (f), or (g) of this rule the following information:

(A) The name of the facility;

(B) The county and state where the facility is located;

(D) The total nameplate megawatt capacity of the facility;

(E) For an electric company, the Oregon share of the nameplate megawatt capacity of the facility;

(F) The year of the first delivery of qualifying electricity or the first year of the contract for the purchase of unbundled renewable energy certificates; and

(G) The duration of the contract or the amortization period of a facility owned by the electric company or the planned lifetime of a facility owned by the electricity service supplier.

(i) The amount of alternative compliance payments the electric company or electricity service supplier elected to use or was required to use to comply with the applicable renewable portfolio standard.

(j) For an electric company, sufficient data, documentation, and other information to demonstrate that any voluntary alternative compliance payments were a reasonable compliance method.

(k) Documentation of use of renewable energy certificates from the system under OAR 330-160-0020 established for compliance with the applicable renewable portfolio standard.

(l) For each electric company, a detailed explanation of any material deviations from the applicable implementation plan filed under OAR 860-083-0400, as acknowledged by the Commission.

(m) As specified in OAR 860-083-0100, the total number and cost of bundled renewable energy certificates used for compliance.

(n) For each electric company, its projected annual revenue requirement as calculated in OAR 860-083-0200 and its total cost of compliance.

(o) For each electricity service supplier, its total cost of compliance, its average cost of compliance, and its cost limit as specified in OAR 860-083-0300(2), including all calculations.

(p) For each electric company, an accounting of the use of the renewable energy certificates and alternative cost payments consistent with OAR 860-083-0300(3) if the cost limit in ORS 469A.100(1) is reached for the compliance year.

(q) For each electricity service supplier, an accounting of the use of the renewable energy certificates and alternative cost payments consistent with OAR 860-083-0300(3) if the cost limit in 860-083-0300(2) is reached for the compliance year.

(r) As specified in OAR 860-083-0100, the number and total cost of all bundled renewable energy certificates issued.

(s) As specified in OAR 860-083-0100, the number and total cost of bundled renewable energy certificates issued that are associated with new qualifying electricity since the last compliance report.

(t) For each electric company or electricity service supplier that, pursuant to ORS 469A.145(3), used unbundled renewable energy certificates associated with electricity generated in this state by a qualifying facility as defined in OAR 860-029-0010(27) to fulfill more than 20 percent of the requirements of the applicable renewable portfolio standard, the report specified in section (1) of this rule must include the following information for each generating facility associated with the unbundled renewable energy certificates that exceed 20 percent of the RPS.

(A) The name of the qualifying facility;

(B) The site address and county in Oregon where the qualifying facility is located; and

(i) A copy of the most recent document produced by the Oregon Department of Energy that lists the qualifying facility in question as one of the qualifying facilities located in Oregon that is eligible to create renewable energy certificates to satisfy the Oregon renewable portfolio standards; or

(ii) A copy of the qualifying facility’s power purchase agreement requiring maintenance of qualifying facility status and a copy of the qualifying facility’s certification document as filed with the Federal Energy Regulatory Commission.

(3) If so prescribed by the Commission, each electric company and electricity service supplier must use established forms to provide information required under subsections (2)(a) through (t) of this rule.

(4) Commission staff and interested persons may file written comments on an electric company or electricity service supplier report in section (1) of this rule within 45 calendar days of the filing. The electric company or electricity service supplier may file a written response to any comments within 30 calendar days thereafter. After considering written comments, the Commission may decide to commence an investigation, begin a proceeding, or take other action as necessary to make a determination regarding compliance with the applicable renewable portfolio standard.

(5) Upon conclusion of the Commission review of the report in section (1) of this rule, the Commission will issue a decision determining whether the electric company or electricity service supplier complied with the applicable renewable portfolio standard and any other determinations under ORS 469A.170(2). If the Commission determines that the electric company or electricity service supplier is not in compliance with the applicable renewable portfolio standards set forth in 469A.052 or 469A.065 and such non-compliance is not warranted by the cost limits set forth in 469A.100, the Commission may require an alternative compliance payment to address such shortfall, impose a penalty, or both.

(6) Each electric company subject to ORS 469A.052 and each electricity service supplier subject to 469A.065 must post on its web site the public portion of the four most recent annual compliance reports required under this rule and provide a copy of the most recent such report to any person upon request. The public portions of the most recent compliance report must be posted within 30 days of the Commission decision in section (5) of this rule. The posting must include any Commission determinations under section (5) of this rule.

(7) Consistent with Commission orders for disclosure under OAR 860-038-0300, each electric company subject to ORS 469A.052 and each electricity service supplier subject to 469A.065 must provide information about its compliance report to its customers by bill insert or other Commission-approved method. The information must be provided within 90 days of the Commission decision in section (5) of this rule or coordinated with the next available insert required under OAR 860-038-0300. The information must include the URL address for the compliance reports posted under section (6) of this rule.

(8) A small electric company as described in ORS 469A.055 that has the exemption provided by 469A.055(1) is exempt from the rules in Division 083 except as provided by 469A.055.

History

Statutory/Other Authority: ORS 756.040, 757.659, 469A.065 & 756.060
Statutes/Other Implemented: ORS 469A.050, 469A.052, 469A.055, 469A.070, 469A.170 & 469A.145
PUC 2-2020, amend filed 03/11/2020, effective 03/11/2020
PUC 8-2009, f. & cert. ef. 8-5-09

Or. Admin. R. 860-083-0500 Alternative Compliance Payments

(1) No later than October 1, 2010, and no later than October 1 of each succeeding even-numbered calendar year, the Commission will set an alternative compliance rate for the next even-numbered compliance year and the year immediately following that even-numbered compliance year for each electric company subject to renewable portfolio standards contained in ORS 469A.052.

(2) The Commission will consider the following factors, and any other factors it determines are appropriate for the circumstances, when setting an alternative compliance rate for an electric company to provide an adequate incentive for the electric company to purchase or generate qualifying electricity in lieu of using alternative compliance payments to meet the applicable renewable portfolio standard set forth in ORS 469A.052:

(a) Forecasts of the likely costs of new qualifying electricity compared to the cost of non-qualifying electricity.

(b) Likely future deliveries of qualifying electricity from contracts and generating facilities owned by the electric company, both planned and existing.

(c) The number of unbundled renewable energy certificates the electric company anticipates using to meet the applicable renewable portfolio standard.

(d) Commission determinations made under ORS 469A.170 in reviewing compliance reports by the electric company and information from a review of the company’s compliance report for the previous compliance year, including but not limited to:

(A) Past methods of compliance with the renewable portfolio standard including the use of:

(i) Bundled and unbundled renewable energy certificates that were not banked;

(ii) Banked renewable energy certificates; and

(iii) Alternative compliance payments;

(B) The timing of electricity purchases;

(D) Whether the actions taken by the electric company are contributing to long-term development of generating capacity using renewable energy sources;

(E) The effect of the actions taken by the electric company on the rates payable by retail electricity consumers;

(F) Good faith forecasting differences associated with the projected number of retail electricity consumers served and the availability of qualifying electricity; and

(G) Consistency of the compliance reports for the two previous compliance years with the applicable implementation plans filed under ORS 469A.075, as acknowledged by the Commission, including conditions specified by the Commission under 469A.075(3).

(3) The Commission may consider the following additional factors when setting an alternative compliance rate for an electric company:

(a) Uncertainties associated with forecasts of the incremental cost of new qualifying electricity and the incremental cost of compliance in implementation plans required by ORS 469A.075. Uncertainties include, but are not limited to:

(A) Forecasts of the costs of renewable resources;

(B) Fuel price forecasts for proxy plants required under OAR 860-083-0100; and

(b) Uncertainties about future market prices for renewable energy certificates including, but not limited to:

(A) Uncertainties associated with forecasts of the incremental costs of new qualifying electricity; and

(B) The effects of current and potential policies by other states and the federal government on the availability and price of renewable energy certificates.

(4) The Commission may approve the use of the alternative compliance funds in the holding accounts described in ORS 469A.180(4) for the purposes specified in 469A.180(5) upon a filed request by the electric company, in an order issued upon conclusion of the electric company’s general rate case or in another proceeding as directed by the Commission.

(a) If such funds are used for the acquisition of qualifying electricity, the renewable energy certificates associated with such electricity may be used by the electric company for future compliance with the renewable portfolio standard.

(b) Upon a request by the electric company, or in response to a filing of an implementation plan by the electric company, the Commission may order that all or a portion of such funds be transferred to the nongovernmental entity receiving funds under ORS 757.612(3)(d). The Commission may specify the proportions of transferred funds that are to be used for acquiring qualifying electricity and for energy conservation programs within the electric company’s service area.

(c) If an electric company requests or proposes to use or transfer such funds, it must notify persons appearing on the service list of the most recent implementation plan acknowledgement proceeding for the electric company. The Commission will allow an opportunity for public comment before making a decision to expend such funds.

(5) In deciding which uses to approve for alternative compliance funds in the holding accounts described in ORS 469A.180(4), the Commission may consider the following factors and any other factors it determines are appropriate for the circumstances:

(a) The findings of the Legislative Assembly in enacting the renewable portfolio standards.

(b) Timeliness of the proposed use of such funds compared to other funding opportunities.

(d) The likely impacts of using such funds for the acquisition of long-term qualifying electricity.

(e) Whether there are opportunities to fund cost-effective energy conservation programs within the electric company’s service area beyond a level that might not otherwise be achieved.

(f) Whether there are opportunities to fund cost-effective efficiency upgrades to the electricity generating facilities owned by the electric company beyond a level that might not otherwise be achieved.

(g) Whether the impacts in subsections (5)(e) and (f) of this rule might occur earlier with the use of such funds.

(6) The Commission will adopt an alternative compliance rate for the compliance year for each electricity service supplier subject to ORS 469A.065 no later than 15 months before each compliance year in the following manner:

(a) The alternative compliance rate for an electricity service supplier will be the weighted average of the alternative compliance rates for the electric companies subject to ORS 469A.052 in whose service areas the electricity service supplier provides electricity.

(b) The weights for subsection (6)(a) of this rule will be the retail sales in megawatt-hours by the electricity service supplier in each electric company service area for the year prior to the applicable compliance year.

(7)(a) The Commission may approve expenditures of the alternative compliance funds in the holding accounts described in ORS 469A.180(6) for the purposes stated therein through a proceeding as directed by the Commission.

(b) An electricity service supplier may request that the Commission direct that current or prospective alternative compliance funds in the holding accounts described in ORS 469A.180(6) be paid directly to the nongovernmental entity receiving funds under 757.612(3)(d). The nongovernmental entity must use the funds to acquire energy conservation for the customers of the electricity service supplier.

History

Statutory/Other Authority: ORS 756.040, 757.659 & 469A.065
Statutes/Other Implemented: ORS 469A.055 & 469A.180
PUC 8-2009, f. & cert. ef. 8-5-09

Division 84 SOLAR PHOTOVOLTAIC PROGRAMS

Or. Admin. R. 860-084-0000 Scope and Applicability of Solar Photovoltaic Programs

(1) OAR 860-084-0070 governs credit towards compliance with renewable portfolio standard for electricity produced from solar photovoltaic energy.

(2) OAR 860-084-0100 through 860-084-0450 (the “Solar Photovoltaic Pilot Programs”) govern implementation of pilot programs to demonstrate the use and effectiveness of volumetric incentive rates and payments for electricity delivered from solar photovoltaic energy systems.

(3) Upon request or its own motion, the Commission may waive any of the Division 084 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2018, amend filed 04/12/2018, effective 04/12/2018
PUC 6-2011, f. & cert. ef. 9-14-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0010 Definitions for Solar Photovoltaic Pilot Programs

(1) “Contracted system” means an eligible system under contract in the solar photovoltaic pilot program associated with a single meter.

(2) “Electric company” has the meaning given that term in ORS 757.600.

(3) “Eligible consumer” means a retail electricity consumer receiving service at the property where the solar photovoltaic system will be installed.

(4) “Eligible energy” or “eligible generation” means the kilowatt-hours that may be paid at the volumetric incentive rate. For the net metering option of the pilot program, eligible energy is equal to the usage of the retail electricity consumer in the year that the energy is generated by the eligible system. In a given month, this eligible energy is equal to the actual usage of the retail electricity consumer for that month. For the bidding option of the pilot program, eligible energy equals actual generation, net of system requirements.

(5) “Eligible participant” or “participant” means an eligible consumer who has signed a contract with the electric company and is participating in the pilot program. A regulated utility is not an eligible participant in pilot programs.

(6) “Eligible system” means a qualifying system that meets the requirements of OAR 860-084-0120.

(7) “Equipment package” means a group of components connecting an electric generator with an electric distribution system and includes all interface equipment including switchgear, inverters, or other interface devices. An equipment package may include an integrated generator or electric production source.

(8) “Excess energy” or “excess generation” means the kilowatt-hours generated in excess of actual annual usage under the net metering option of the volumetric incentive rate pilot program. In a given month, excess energy means kilowatt-hours generated in excess of monthly usage.

(9) "IEEE standards" means the standards published in the 2003 edition of the Institute of Electrical and Electronics Engineers (IEEE) Standard 1547, titled “Interconnecting Distributed Resources with Electric Power Systems,” approved by the IEEE SA Standards Board on June 12, 2003, and in the 2005 edition of the IEEE Standard 1547.1, titled “IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems,” approved by the IEEE SA Standards Board on June 9, 2005.

(10) “Installed System” means an eligible system that is completely built, has passed final electrical inspection by the local authority with jurisdiction, and is pending completion of utility work to connect it to the utility grid.

(11) “Nameplate capacity” means the maximum rated output of a solar photovoltaic system, measured at an irradiance level of 1000 W/ m2, with reference air mass 1.5 solar spectral irradiance distribution and cell or module junction temperature of 25°C.

(12) “On-line” means that the solar photovoltaic system is installed and providing power to the electric company’s electrical system or to serve the load of the retail electricity consumer.

(13) “Payable generation” is the eligible generation for each month plus accrued excess generation, up to the actual monthly usage. Excess generation accrues monthly.

(14) “Pilot capacity limit” means the maximum installed capacity that each electric company may contract during the pilot program.

(15) “Pilot year” means each twelve-month period of the solar photovoltaic pilot program beginning on April 1 and ending on March 31.

(16) “Qualifying assignee” or “assignee” means a person to whom a retail electricity consumer may assign volumetric incentive rate payments under the standard contract. An electric company or its affiliate or any other regulated utility is not a qualifying assignee. Qualifying assignees include, but are not limited to:

(a) A lender providing up-front financing to a retail electricity consumer;

(b) A company or individual who enters into a financial agreement with a retail electricity consumer to own and operate a solar photovoltaic system on behalf of the retail electricity consumer in return for compensation;

(c) A company or individual who contracts with the retail electricity consumer to locate a solar photovoltaic system on property owned by the retail electricity consumer; or

(d) Any party identified by the retail electricity consumer to receive payments that the electric company is obligated to pay to the retail electricity consumer.

(17) “Qualifying third party” or “third party” means a party who is the owner or operator of a solar photovoltaic system installed under the pilot program but who is not the retail electricity consumer at that location. An electric company is not a qualifying third party under the pilot programs.

(18) “Reservation start date” means the date the retail electricity consumer is notified of securing capacity through a capacity reservation process and of the start and expiration dates for that capacity reservation. The reservation start date initiates the time to interconnection agreement.

(19) “Retail electricity consumer” means a consumer who is a direct customer of the electric company and is the end user of electricity for specific purposes, such as heating, lighting, or operating equipment. Retail electricity consumers include direct access consumers.

(20) “System requirements” means the input electricity required to operate the solar photovoltaic system, sometimes referred to as the parasitic load.

(21) “Time to interconnection agreement” means the time between the reservation start date and the date an eligible participant signs an interconnection agreement.

(22) “Volumetric incentive payments” or “payments” mean the monthly amount that an electric company pays to an eligible participant or assignee in the solar photovoltaic pilot program for payable energy generated by a contracted system.

(23) “Volumetric incentive rate” means the rate per kilowatt-hour paid by an electric company to a retail electricity consumer or assignee for payable generation.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2018, amend filed 04/12/2018, effective 04/12/2018
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0070 Renewable Energy Certificates and Compliance with the Renewable Portfolio Standards

(1) Each renewable energy certificate associated with the electricity produced by solar photovoltaic systems that is physically located in this state may be used to comply with the renewable portfolio standards established under ORS 469A.005 through 469A.120.

(2) For each kilowatt-hour of electricity produced from a qualifying solar photovoltaic energy system that first becomes operational before January 1, 2016, and has a nameplate capacity between 500 kilowatts and five megawatts of alternating current, the electric company may be credited with two kilowatt-hours of qualifying electricity toward the electric company's compliance with the renewable portfolio standard, up to a maximum of 20 megawatts of capacity.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2018, amend filed 04/12/2018, effective 04/12/2018
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0100 Solar Photovoltaic Pilot Programs

(1) Each electric company must establish pilot programs to demonstrate the use and effectiveness of volumetric incentive rates and payments for electricity delivered from qualifying solar photovoltaic systems.

(2) Each electric company must offer a net metering option under the pilot program. This option has the following characteristics:

(a) Eligible systems installed on the customer side of the service meter;

(b) Volumetric incentive rates established by Commission order;

(d) Excess generation donated to the electric company’s low income bill assistance program;

(e) Capacity of eligible systems sized to generate energy up to 90 percent of the actual usage in the 12 most recent billing periods at the premises where the eligible system will be installed;

(f) Capacity of eligible systems with less than 12 billing periods of actual usage for existing premises or new construction sized to generate energy up to 90 percent of the annual usage by a similarly-situated customer or by a utility-provided load estimation document as determined by the utility;

(g) Capacity of eligible systems for irrigation or agriculture customers sized up to 90 percent of average usage during a normal 12-month billing period as determined by the utility; and

(h) The methodologies used to estimate the usage if there is no sufficient actual usage to size the system must be consistent with the methodologies used by the Energy Trust of Oregon, the Oregon Department of Energy, or other methodologies acceptable to the Commission.

(3) Each electric company must offer a volumetric incentive rate bid option under the pilot program. This option has the following characteristics:

(a) Volumetric incentive rate paid to each retail electricity consumer is established by a successful bid for capacity in the volumetric incentive rate pilot program; and

(b) Volumetric incentive rate payments for 100 percent of payable generation net of system requirements.

(4) Retail electricity consumers eligible for each pilot program option will be defined by Commission order.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0120 Systems Eligible for Enrollment in Pilot Programs

(1) Individual solar photovoltaic systems eligible for the Solar Photovoltaic Pilot Programs must have a nameplate generating capacity less than or equal to 500 kilowatts and must be:

(a) In compliance with the siting, design, interconnection, installation, and electric output standards and codes required by the laws of Oregon;

(b) Installed with meters or other devices to monitor and measure the quantity of energy generated;

(d) Installed in the service territory of the electric company;

(e) First operational and on-line after the launch of the pilot programs;

(f) Financed without expenditures under ORS 757.612 (3)(b)(B) or tax credits under 469.160 or 469.185 through 469.225;

(g) Certified by the residential electric consumer as constructed from new components (modules, inverter, batteries, mounting hardware, etc.); and

(h) Compliant with Commission quality and reliability requirements for solar photovoltaic systems and system installation.

(2) Systems uninstalled before the end of the contract term are not eligible for subsequent volumetric incentive rates, other feed-in tariffs, or pilot programs during the remainder of the original contract term. These systems cannot be reinstalled for the purposes of entering a new contract under any solar photovoltaic pilot program, volumetric incentive or other feed-in tariff program in the service territory of any electric company in the State of Oregon during the original contract term of the system, except that a system may be uninstalled and reinstalled at another location under the same contract under the conditions in OAR 860-084-0280.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2018, amend filed 04/12/2018, effective 04/12/2018
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0130 Ownership and Installation

(1) An electric company must contract to provide an incentive for solar photovoltaic energy generated from an eligible system owned by a retail electricity consumer who has been granted a capacity reservation in the solar photovoltaic pilot program and has executed all agreements with the electric company.

(2) Eligible systems must be installed on the same property where the retail electricity consumer buys electricity from the electric company.

(a) Eligible systems with capacity reserved under the net metering option must be connected to the customer side of the meter.

(b) Eligible systems with capacity reserved under the competitive bidding option must connect to the distribution feeder that services the customer’s property. The point of common coupling may be located on the load side of the retail customer’s existing electric service subject to utility approval and to the extent authorized by law.

(c) If cost effective, eligible systems may be connected at other distribution feeders on the utility grid subject to utility approval and to the extent authorized by law.

(3) A retail electricity consumer may transfer its existing contract to another retail electricity consumer eligible to contract with the electric company and residing at the same address where the system is installed.

(4) Eligible systems may be owned, operated, or owned and operated by qualifying third parties if the eligible system is:

(a) Owned by a qualifying third party as part of a loan agreement; or

(b) Owned and operated by a qualifying third party on behalf of the retail electricity consumer; or

(5) The electric company will own the rights to 100 percent of the renewable energy certificates associated with the energy provided by the contracted systems. The electric company may perfect the renewable energy certificates.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0140 Assignment of Payments

(1) An electric company must allow a retail electricity consumer to assign payments to a single qualifying assignee under standard contracts approved by the Commission and must allow changes to assignment over the contract term.

(2) An electric company may charge a reasonable fee for the assignment of payments for account setup at the time that the standard contract is assigned. An electric company may charge a reasonable fee for changes to assignment of payments over the contract term.

(3) An electric company must make volumetric incentive payments to the qualifying assignee within 45 days of the retail electricity consumer’s prior billing period.

(4) Upon request by the retail electricity consumer, the electric company may make the volumetric incentive payments in one of the following methods:

(a) Full payment for payable generation directly to the retail electricity consumer; the retail electricity consumer is billed the standard monthly bill for electricity purchased under the tariff; or

(b) Full payment for payable generation net of the retail electricity consumer’s standard monthly bill; the retail electricity consumer receives or pays the net amount; or

(c) Full payment for payable generation to the qualified assignee identified on the standard contract; the retail electricity consumer is billed separately for electricity purchased under the tariff.

(5) The retail electricity consumer is responsible for the minimum monthly charge and other non-volumetric charges on the standard monthly bill.

(6) Payments for payable generation will be held by the electric company until the amount accrued per customer generator exceeds $25.00.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0150 Solar Photovoltaic Pilot Capacity Limit

New capacity reservations will not be accepted after March 31, 2016, or after the cumulative capacity of contracted systems in pilot programs reaches 27.5 megawatts of nameplate capacity, whichever is earlier.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 6-2014, f. & cert. ef. 10-14-14
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0160 Measurement of Capacity under the Solar Photovoltaic Pilot Program

(1) For purposes of the Solar Photovoltaic Pilot Program, the capacity of solar photovoltaic energy is measured on the alternating current side of the system’s inverter.

(2) Each electric company must convert nameplate capacity ratings reported by manufacturers in terms of direct current watts under standard test conditions to an alternating current rating in watts to account for inverter and other system component losses and to account for the effect of normal operating temperature on solar module output. This conversion will be calculated as 85 percent of the manufacturer’s nameplate rating.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0170 Distributing Solar Photovoltaic Pilot Capacity by Electric Company

(1) Each electric company will receive a share of the total solar photovoltaic pilot program capacity as established by Commission order.

(2) An electric company may not solicit or accept additional capacity reservations for a solar photovoltaic pilot program once the company reaches 100 percent of its allocated solar photovoltaic pilot capacity limit.

(3) The Commission may consider requests to adjust each electric company’s solar photovoltaic pilot capacity limit by changing the allocation of the total solar photovoltaic pilot program capacity from those established at pilot program initiation.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0180 Distributing Electric Company Capacity Limit by Allocation Period

(1) Each electric company must distribute its allocated capacity among the enrollment periods as established by Commission order.

(2) The Commission may consider requests to adjust the allocation percentage for any electric company.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0190 Distributing Capacity by System Size

(1) Three size classes of qualifying systems are established and defined by a range of nameplate capacity. The Commission may modify these capacity ranges.

(a) A small-scale system has a nameplate capacity of less than or equal to 10 kilowatts;

(b) A medium-scale system has a nameplate capacity greater than 10 kilowatts and less than or equal to 100 kilowatts; and

(2) An electric company must distribute certain percentages of its pilot capacity allocation to small-scale, medium-scale, and large-scale capacity systems as directed by Commission order.

(3) An electric company with less than one megawatt of total allocation must allocate 100 percent of its solar photovoltaic capacity limit to small-scale systems.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 6-2014, f. & cert. ef. 10-14-14
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 6-2010, f. & cert. ef. 11-19-10
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0195 Mechanisms for Reserving Capacity

(1) Annual capacity reservations must be made as follows:

(a) For small-scale systems: 100 percent of the allocated capacity will be awarded to the net metering option by lottery or as otherwise directed by Commission order.

(b) For medium-scale systems: The allocated capacity will be divided between the net metering and the competitive bidding options as directed by Commission order.

(2) Reservations made by either competitive bidding or lottery must be awarded within each system size independent of the other classes.

(3) The following governs capacity distributed through a lottery:

(a) Electric companies must conduct a lottery-based capacity reservation process on April 1 and October 1 during each of the remaining pilot years unless otherwise directed by Commission order.

(b) Electric companies must collect reservation applications for 24 hours before selecting winning participants unless otherwise directed by Commission order.

(c) Electric companies must notify winning lottery participants no later than three business days after the close of the reservation application window. Deposits are due within three days of this notification. Electric companies then have 15 days to confirm that reservation applications conform to all program rules.

(d) In any enrollment period, if the eligible capacity is not reserved through the lottery, the remaining capacity will be made available on a first-come, first-served basis. Any remaining capacity thereafter will roll over to the next capacity reservation period unless otherwise directed by Commission order.

(4) The following governs capacity distributed through a competitive bidding option:

(a) Electric companies must issue a Request for Proposal for:

(A) Large-scale bid option systems no later than 30 business days prior to April 1 of each pilot year or as otherwise directed by Commission order; and

(B) Medium-scale bid option systems no later than 30 business days prior to October 1 of each pilot year or as otherwise directed by Commission order.

(b) Electric companies must set the bidder response deadline for

(A) large-scale bid option systems no later than April 1 of each pilot year and

(B) for medium-scale bid option systems no later than October 1 of each pilot year or as otherwise directed by Commission order.

(c) Electric companies must award capacity to winning bidders no later than fifteen business days after the bidder response deadline. Selection of winning bids must be based solely on the bidder’s volumetric incentive rate bid.

(d) If capacity remains available after all bids are awarded, then the remaining capacity will roll over to the next appropriate bid-option enrollment window as defined by subsection (4)(a) of this rule.

(e) A medium- and large-scale bid-option reservation begins when the bidder receives notification of a winning bid.

(5) Electric companies must require a capacity reservation deposit of $500 or $20 per kilowatt of the proposed system capacity, whichever is larger.

(6) Capacity reservations are non-transferable from one customer generator to another.

(7) A capacity reservation starts upon notification by the electric company to the successful program participant that capacity has been awarded.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0200 Capacity Reservation, Timing, and Volumetric Incentive Rates

A retail electricity consumer who has made a capacity reservation and who has executed all required agreements with the electric company must be paid the effective volumetric incentive rate at the time of enrollment for 100 percent of payable generation. Capacity reservation applications and standard contracts must provide the volumetric incentive rate in effect on the capacity reservation date.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0210 Capacity Reservation, Timing, and Duration

(1) A capacity reservation expires if a completed interconnection application is not filed within two months of the reservation start date or if the system has not been installed within twelve months of the reservation start date, unless a waiver is granted under OAR 860-084-0000. Any delay resulting from the utility not completing required work to connect the eligible system to the grid will be excluded from this 12-month installation requirement.

(2) Once the capacity reservation expires, the retail electricity consumer must newly apply for a capacity reservation and will not be given preferential treatment.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0220 Capacity Availability

(1) Each electric company must announce the total capacity available for reservation before each enrollment period.

(2) Each electric company must announce when the capacity allocation is fully reserved.

(3) Unreserved capacity in any enrollment period must be added to the available capacity for the respective size systems in the next capacity reservation period.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 6-2014, f. & cert. ef. 10-14-14
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0230 Application for Capacity Reservation

(1) The electric company must establish, in compliance with Commission order, a capacity application process for both the net metering and competitive bidding options. The electric company must provide the necessary instructions to complete a satisfactory capacity application. Fees collected during the capacity application process must be refunded to the retail electricity consumer if a capacity reservation is not secured.

(2) For the purposes of these rules, an application package must include a capacity reservation application, payment of fees required under OAR 860-084-0280, and an interconnection application that complies with 860-084-0270(4)(a), (c), (d), (f), and (g). Electric companies may not require a retail electricity consumer to provide the information required by 860-084-0270(4)(b) and (4)(e) as part of this initial application package.

(3) The capacity reservation application must certify that the retail electricity consumer has read and understands the standard contract established under the pilot program. Standard contract forms must be provided to retail electricity consumers as part of the application process.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0240 Standard Contracts

(1) Each electric company must file, for Commission approval, a separate standard contract for the net metering and competitive bidding volumetric incentive rate programs as part of its volumetric incentive rate tariff filing.

(a) The standard contract will establish an agreement between the electric company and a retail electricity consumer under which the electric company will make volumetric incentive rate payments to participants for energy generated by solar photovoltaic systems installed in the service territory of the electric company for a 15-year period. After the initial 15-year period, the electric company may pay its prevailing avoided cost for energy generated by the solar photovoltaic systems.

(b) Contracts under the solar photovoltaic pilot programs may only be issued to retail electricity consumers of the electric company; these consumers must be eligible to participate in the pilots.

(2) Standard Contracts must include at least the following elements:

(a) Name and address of the retail electricity consumer and the installation address of the eligible system;

(b) Each standard contract must be based on the volumetric incentive rate (bid option) or volumetric incentive rate formula (net metering option) in place at the time of the capacity reservation for the retail electricity consumer;

(c) Each standard contract must require a retail electricity consumer installing capacity under the net metered option to transfer generation in excess of eligible energy to the low income bill assistance program of the electric company. Standard contracts must provide for certification by the retail electricity consumer that they are eligible to make wholesale sales of energy at market-based rates;

(d) Each standard contract must include a date of initiation and a date of contract expiration. If mutually agreed upon by the electric company and consumer, the contract may exceed 15 years;

(e) Each standard contract must include a section to record retail electricity consumer certifications that:

(A) Any investor in the qualifying system has not accepted or will not accept incentives from the Energy Trust of Oregon or Oregon state residential or business tax credits for the qualifying system covered by the contract, and

(B) The system and its individual components are new and have not been previously installed, and meet quality, reliability, and installation criteria approved by the Commission;

(f) Each standard contract must include a provision under which the retail electricity consumer agrees that the electric company can release lists of all participants in the pilot programs to the Oregon Department of Revenue, the Oregon Department of Energy, the Public Utility Commission, and the Energy Trust of Oregon. The standard contract must contain descriptions of the confidentiality requirements that those receiving this information must follow;

(g) Each standard contract must require the retail electricity consumer to agree to complete up to three surveys on the effectiveness of the pilot programs in order to remain eligible for participation in the pilot program. Each standard contract must also include the retail electricity consumer’s agreement that the electric company may release information obtained from the surveys to the Commission and the Energy Trust of Oregon;

(h) Monthly payments must be made directly to the retail electricity consumer or to a qualifying assignee;

(i) Each standard contract must allow a retail electricity consumer to assign payments to a single qualifying assignee. Contracts must allow the retail electricity consumer to change the assignee at any time during the contract term;

(j) Each standard contract must allow the transfer of an existing retail electricity consumer’s contract under the pilot program to another retail electricity consumer eligible to contract with the electric company under the pilot program, consistent with OAR 860-084-0130(3).

(k) Disclosure that payments under the volumetric incentive rate bid option may be taxable as income under Oregon and Federal Tax law and that an eligible system may be subject to property tax in the State of Oregon;

(l) Name and business address of solar installer or contractor, name and business address of system financer, and description of the photovoltaic equipment package;.

(m) For net metered systems, participants must certify that the system is sized such that their qualifying system complies with OAR 860-084-0100(2)(e).

(3) A retail electricity consumer found by the Commission to have made a false certification is no longer eligible for the Volumetric Incentive Rate Pilot Programs and any contract entered under the Volumetric Incentive Rate Pilot Programs is void.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0250 Billing and Payment Requirements

(1) Volumetric incentive payments for payable energy must be paid no later than 45 days from the last day of the retail electricity consumer’s billing period. Retail electricity consumers may request that:

(a) Payments be paid directly to the consumer; the consumer will continue to receive a standard monthly bill for electricity purchased under the tariff; or

(b) Payments for energy generated be netted against the retail electricity consumer’s standard monthly bill and the retail electricity consumer receive or pay the resulting amount; or

(c) The qualified assignee identified on the standard contract be paid 100 percent of the volumetric incentive rate payment and the retail electricity consumer be billed separately for the retail electricity consumer’s monthly bill.

(2) The retail electricity consumer is responsible for the minimum monthly charge and other non-volumetric charges on the standard monthly bill.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0260 Interconnection Requirements for Solar Photovoltaic Pilot Program

(1) To be qualified for interconnected operation, a qualifying system must be certified as complying with the following standards as applicable:

(a) IEEE standards; and

(b) UL 1741 Inverters, Converters, and Controllers for Use in Independent Power Systems (January 2001).

(2) A system is considered as certified to the standards of section (1) of this rule, and the electric company may not require further design review, testing, or additional equipment, if:

(a) The system is a complete equipment package that has been submitted by a manufacturer to a nationally recognized testing and certification laboratory, and has been tested and listed by the laboratory for continuous interactive operation with an electric distribution system in compliance with the applicable codes and standards listed in section (1) of this rule; or

(b) The system is an equipment package that includes a generator or other electric source and the equipment package has been tested and listed as an integrated package in compliance with the applicable codes and standards listed in section (1) of this rule; or

(c) The certified equipment package comprises only the interface components (switchgear, inverters, or other interface devices), and the interconnection applicant has shown that

(A) The solar photovoltaic system being used is compatible with the equipment package;

(B) Testing and listing of the solar photovoltaic generator being used, as performed by the nationally recognized testing and certification laboratory, is consistent with the testing and listing of the interface component equipment package; and

(C) The testing and listing specified for the package is consistent with the applicable codes and standards listed in section (1) of this rule.

(3) A qualifying system may not interconnect to a transmission line.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0270 Authorization to Interconnect

(1) An eligible system may not be interconnected to an electric company’s distribution system before obtaining authorization from the electric company.

(2) Changes affecting the nameplate capacity or the output capacity of the system authorized in the agreement governing the contract require prior authorization from the electric company.

(4) Interconnection applications must be provided by the electric company and posted on the electric company’s website. The submission of a completed interconnection application initiates interconnection review. The application must include the following:

(a) The name of the applicant and the electric company;

(b) The type and specifications of each component of the qualified solar photovoltaic system;

(d) The name of the installer of the qualified solar photovoltaic system;

(e) Equipment certifications;

(f) The anticipated operation date of the solar photovoltaic system; and

(g) Other information the utility deems necessary to comply with the solar photovoltaic pilot program interconnection rules.

(5) Within three business days of receiving the interconnection application, the electric company must provide the applicant a written notice of receipt stating whether the application meets the established criteria.

(a) If the application does not meet established criteria, the written notice must include a list of all of the information needed to complete the application.

(b) If the number of applications in a regular business week exceeds 20, the electric company must inform the customers that the written-notice period is ten business days.

(6) Each electric company must designate an employee or office from which an applicant can obtain application forms and other information necessary to complete the application process; the electric company must post the application form and the necessary information on its website. Upon request, the electric company must provide all relevant forms, documents, and technical requirements for submittal of an application that meets established criteria for an interconnection application under these solar photovoltaic pilot program rules, as well as specific information necessary to contact the electric company representative assigned to review the application.

(7) A person may also request information about the feasibility of interconnecting a qualifying system before filing an application for capacity reservation or interconnection. The information provided by the electric company in response to this request must include relevant existing studies and other materials that may be used to understand the feasibility of interconnecting a solar photovoltaic facility at a particular point on the electric company’s distribution system. The electric company must comply with reasonable requests for access to or copies of this information, except to the extent that providing these materials would violate security requirements, confidentiality obligations to third parties, or federal or state regulations. The electric company may require a person to sign a confidentiality agreement if required to protect confidential or proprietary information. A person requesting information under this section must reimburse the electric company for the reasonable costs of gathering and copying the requested information.

(8) The electric company is not responsible for the cost of determining the rating of equipment on the customer side of the meter.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0280 Interconnection Cost Responsibility

(1) For a Level 1 interconnection review, the electric company may not charge an application, or other fee, unless otherwise directed by the Commission. However, if an application for Level 1 interconnection review is denied because it does not meet the requirements for Level 1 interconnection review and the applicant resubmits the application under another review procedure, the electric company may impose a fee for the resubmitted application.

(2) For a Level 2 interconnection review, the electric company may charge fees of up to $50.00 plus $1.00 per kilowatt of the qualifying system's capacity, plus the reasonable cost of any required minor modifications to the electric distribution system or additional review. Costs for such minor modifications or additional review will be based on the electric company’s non-binding, good faith estimates and the ultimate actual installed costs. Costs for engineering work done as part of any additional review will not exceed $100.00 per hour. An electric company may adjust the $100.00 hourly rate once in January of each year to account for inflation and deflation as measured by the Consumer Price Index.

(3) For a Level 3 interconnection review, the electric company may charge fees of up to $100.00 plus $2.00 per kilowatt of the qualifying system’s capacity, as well as charges for actual time spent on any required impact or facilities studies. Costs for engineering work done as part of an impact study or interconnection facilities study will not exceed $100.00 per hour. An electric company may adjust the $100.00 hourly rate once in January of each year to account for inflation and deflation as measured by the Consumer Price Index. If the electric company must install facilities in order to accommodate the interconnection of the qualifying system, the cost of such facilities will be the responsibility of the applicant.

(4) Interconnected net metered systems must be equipped with two meters: metering equipment that can measure the flow of electricity in both directions (complying with ANSI C12.1 standards and OAR 860-023-0015) to replace the existing customer meter, and a second meter that can measure the total output of the qualifying system. Interconnected stand-alone systems using the bidding process must be equipped with metering equipment that can measure the flow of electricity in both directions (complying with ANSI C12.1 standards and OAR 860-023-0015). The electric company will install the required metering equipment at the electric company’s expense for both the net metered and stand-alone system.

(a) The electric company constructs, owns, operates, and maintains all meters and applicable interconnection facilities on the company side of the retail electric consumer’s meter, including, the second meter installed to measure the total output of the qualifying system.

(b) The electric company must charge an additional monthly service charge to the retail electricity customer for the additional meter used to measure the total output of the qualifying system, as established by Commission order.

(5) An eligible participant who is reinstalling a contracted system and is eligible to continue in the solar photovoltaic pilot program under an existing standard contract must pay the expense of interconnection facilities, required additions or modifications to the electric distribution system, interconnection review, or system upgrades in the new location as applicable.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0300 Insurance

A contracted system must obtain liability insurance in order to interconnect with the electric company’s distribution system.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0310 Level 1 System Interconnection Review

(1) An eligible system is eligible for Level 1 interconnection review if:

(a) The facility is inverter-based; and

(b) The facility has a capacity of 25 kilowatts or less.

(2) The electric company must approve interconnection under the Level 1 interconnection review procedure if:

(a) The aggregate generation capacity on the distribution circuit to which the eligible system will interconnect, including the capacity of the eligible system, may not contribute more than 10 percent to the distribution circuit's maximum fault current at the point on the high voltage (primary) level that is nearest the proposed point of common coupling;

(b) An eligible system's point of common coupling may not be on a transmission line, a spot network, or an area network;

(c) If an eligible system is to be connected to a radial distribution circuit, the aggregate generation capacity connected to the circuit, including that of the eligible system, may not exceed 15 percent of the circuit's total annual peak load, as most recently measured at the substation;

(d) If an eligible system is to be connected to a single-phase shared secondary, the aggregate generation capacity connected to the shared secondary, including the eligible system, may not exceed 20 kilovolt-amps; and

(e) If a single-phase eligible system is to be connected to a transformer center tap neutral of a 240 volt service, the addition of the eligible system may not create a current imbalance between the two sides of the 240 volt service of more than 20 percent of nameplate rating of the service transformer.

(3) Within 10 business days after the electric company notifies a Level 1 applicant that the application is complete, the electric company must notify the applicant that:

(a) The eligible system meets all applicable criteria and the interconnection is approved upon installation of any required meter upgrade, completion of any required inspection of the facility, and execution of an interconnection agreement; or

(b) The eligible system has failed to meet one or more of the applicable criteria and the interconnection application is denied.

(4) If an electric company does not notify a Level 1 applicant in writing or by electronic mail whether the interconnection is approved or denied within 20 business days after the receipt of an application, the interconnection will be deemed approved. Interconnections approved under this section remain subject to section (7) of this rule.

(5) Within three business days after sending the notice to an applicant that the proposed interconnection meets the Level 1 requirements, an electric company must notify the applicant:

(a) Whether an inspection of the eligible system for compliance with these interconnection rules is required prior to the operation of the system; and

(b) That an interconnection agreement is required for the eligible system. The electric company must also execute and send to the applicant a Level 1 interconnection agreement, unless the applicant has already submitted such an agreement with its application for interconnection.

(6) On receipt of an executed interconnection agreement from the applicant and satisfactory completion of any required inspection, the electric company must approve the interconnection, conditioned on compliance with all applicable building codes.

(7) The retail electric customer must notify the electric company of the anticipated start date for operation of the eligible system at least five business days prior to starting operation, either through the submittal of the interconnection agreement or in a separate notice. If the electric company requires an inspection of the eligible system, the applicant may not begin operating the facility until satisfactory completion of the inspection.

(8) If an application for Level 1 interconnection review is denied because it does not meet one or more of the applicable requirements in this rule, an applicant may resubmit the application under the Level 2 or Level 3 interconnection review procedure, as appropriate.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0320 Level 2 System Interconnection Review

(1) An electric company must apply the following Level 2 interconnection review procedure for an application to interconnect an eligible system that meets the following criteria:

(a) The facility has a capacity of 500 kilowatts or less; and

(b) The facility does not qualify for or failed to meet applicable Level 1 interconnection review procedures.

(2) The electric company must approve interconnection under the Level 2 interconnection review procedure if:

(a) The aggregate generation capacity on the distribution circuit to which the eligible system will interconnect, including the capacity of the eligible system, will not cause any distribution protective equipment (including, but not limited to, substation breakers, fuse cutouts, and line reclosers), or customer equipment on the electric distribution system, to exceed 90 percent of the short circuit interrupting capability of the equipment. In addition, an eligible system may not be connected to a circuit that already exceeds 90 percent of the short circuit interrupting capability, prior to interconnection of the facility;

(b) If there are posted transient stability limits to generating units located in the general electrical vicinity of the proposed point of common coupling, including, but not limited to within three or four transmission voltage level busses, the aggregate generation capacity, including the eligible system, connected to the distribution low voltage side of the substation transformer feeding the distribution circuit containing the point of common coupling may not exceed 10 megawatts;

(c) The aggregate generation capacity connected to the distribution circuit, including the eligible system, may not contribute more than 10 percent to the distribution circuit's maximum fault current at the point on the high voltage (primary) level nearest the proposed point of common coupling;

(d) If an eligible system is to be connected to a radial distribution circuit, the aggregate generation capacity connected to the electric distribution system by non-electric company sources, including the eligible system, may not exceed 15 percent of the total circuit annual peak load. For the purposes of this subsection, annual peak load will be based on measurements taken over the 12 months previous to the submittal of the application, measured for the circuit at the substation nearest to the eligible system;

(e) If an eligible system is to be connected to three-phase, three wire primary electric company distribution lines, a three-phase or single-phase generator must be connected phase-to-phase;

(f) If an eligible system is to be connected to three-phase, four wire primary electric company distribution lines, a three-phase or single-phase generator must be connected line-to-neutral and must be effectively grounded;

(g) If an eligible system is to be connected to a single-phase shared secondary, the aggregate generation capacity on the shared secondary, including the eligible system, may not exceed 20 kilovolt-amps;

(h) If an eligible system is single-phase and is to be connected to a transformer center tap neutral of a 240 volt service, the addition of the eligible system may not create a current imbalance between the two sides of the 240 volt service that is greater than 20 percent of the nameplate rating of the service transformer;

(i) An eligible system's point of common coupling may not be on a transmission line; and

(j) If an eligible system's proposed point of common coupling is on a spot or area network, the interconnection must meet the following additional requirements:

(A) For an eligible system that will be connected to a spot network circuit, the aggregate generation capacity connected to that spot network from the eligible system, and any generating facilities, may not exceed five percent of the spot network's maximum load;

(B) For an eligible system that utilizes inverter-based protective functions, which will be connected to an area network, the eligible system, combined with any other generating facilities on the load side of network protective devices, may not exceed 10 percent of the minimum annual load on the network, or 500 kilowatts, whichever is less. The percent of minimum load must be calculated based on the minimum load occurring during an off-peak daylight period; and

(C) For an eligible system that will be connected to a spot or an area network that does not utilize inverter-based protective functions, or for an inverter-based eligible system that does not meet the requirements of paragraphs (A) or (B) of this subsection, the eligible system must utilize low forward power relays or other protection devices that ensure no export of power from the eligible system, including inadvertent export (under fault conditions) that could adversely affect protective devices on the network.

(3) Within 15 business days after notifying a Level 2 applicant that the application is complete, the electric company must perform an initial review of the proposed interconnection to determine whether the interconnection meets the applicable criteria. During this initial review, the electric company may, at its own expense, conduct any studies or tests it deems necessary to evaluate the proposed interconnection and provide notice to the applicant of one of the following determinations:

(a) The eligible system meets the applicable requirements and that interconnection will be approved following any required inspection of the facility and fully executed interconnection agreement. Within three business days after this notice, the electric company must provide the applicant with an executable interconnection agreement;

(b) The eligible system failed to meet one or more of the applicable requirements, but the electric company determined that the eligible system may be interconnected consistent with safety, reliability, and power quality. In this case, the electric company must notify the applicant that the interconnection will be approved following any required inspection of the facility and fully executed interconnection agreement. Within five business days after this notice, the electric company must provide the applicant with an executable interconnection agreement; or

(c) The eligible system failed to meet one or more of the applicable requirements, and that additional review would not enable the electric company to determine that the eligible system could be interconnected consistent with safety, reliability, and power quality. In such a case, the electric company must notify the applicant that the interconnection application has been denied and must provide an explanation of the reason(s) for the denial, including a list of additional information, or modifications to the eligible system, or both, which would be required in order to obtain an approval under Level 2 interconnection procedures.

(4) An applicant that receives an interconnection agreement under subsection (3)(a) or (3)(b) of this rule must:

(a) Execute the agreement and return it to the electric company at least 10 business days prior to starting operation of the eligible system (unless the electric company does not so require); and

(b) Indicate to the electric company the anticipated start date for operation of the eligible system.

(5) The electric company may require an electric company inspection of an eligible system for compliance with these solar photovoltaic rules prior to operation, and may require and arrange for witness of commissioning tests as set forth in IEEE standards. The electric company must schedule any inspections or tests under this section promptly and within a reasonable time after submittal of the application. The applicant may not begin operating the eligible system until after the inspection and testing is completed.

(6) Approval of interconnected operation of any Level 2 eligible system must be conditioned on all of the following occurring:

(a) Approval of the interconnection by the electrical code official with jurisdiction over the interconnection;

(b) Successful completion of any electric company inspection or witnessing of commissioning tests, or both, requested by the electric company; and

(7) If an application for Level 2 interconnection review is denied because it does not meet one or more of the requirements of this rule, the applicant may resubmit the application under the Level 3 interconnection review procedure.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0330 Level 3 System Interconnection Review

(1) The electric company must apply the Level 3 review procedure for an application to interconnect an eligible system that meets the following criteria:

(a) The facility has a capacity of 500 kilowatts or less; and

(b) The facility does not qualify or failed to meet Level 2 interconnection review procedures.

(2) Following receipt of a Level 3 application and within three business days of a request from the applicant, the electric company must provide pertinent information to the applicant, such as the available fault current at the proposed interconnection location, the existing peak loading on the lines in the general vicinity of the eligible system, and the configuration of the distribution lines at the proposed point of common coupling.

(3) Within seven business days after receiving a complete application for Level 3 interconnection review, the electric company must conduct an impact study which will include a non-binding, good faith cost estimate. The impact study must be conducted in accordance with good utility practice and must:

(a) Detail the impacts to the electric distribution system that would result if the eligible system were interconnected without modifications to either the eligible system or to the electric distribution system;

(b) Identify any modifications to the electric company's electric distribution system that would be necessary to accommodate the proposed interconnection; and

(d) Include the following elements, as applicable:

(A) A load flow study;

(B) A short-circuit study;

(D) The impact on the operation of the electric distribution system;

(E) A stability study, along with the conditions that would justify including this element in the impact study;

(F) A voltage collapse study, along with the conditions that would justify including this element in the impact study.

(4) The electric company must complete the impact study and must notify the applicant within 30 calendar days of one of the following results:

(a) Only minor modifications to the electric company's electric distribution system are necessary to accommodate interconnection. In such a case, the electric company will send the applicant an interconnection agreement that details the scope of the necessary modifications and a non-binding, good faith estimate of its cost; or

(b) Substantial modifications to the electric company’s electric distribution system are necessary to accommodate the proposed interconnection. In such a case, the electric company must provide a non-binding, good faith estimate of the cost of the modifications, which must be accurate to within plus or minus 25 percent. In addition, the electric company must offer to conduct, at the applicant’s expense, an interconnection facilities study that must identify the types and cost of equipment needed to safely interconnect the applicant's eligible system.

(5) If the proposed interconnection may affect electric transmission or delivery systems other than those controlled by the electric company, operators of those other systems may require additional studies to determine the potential impact of the interconnection on those systems. If such additional studies are required, the electric company must coordinate the studies but is not responsible for their timing.

(6) If an applicant requests a facilities study under subsection (4)(b), the electric company must provide an interconnection facilities study agreement. The interconnection facilities study agreement must describe the work to be undertaken in the interconnection facilities study and must include a non-binding, good faith estimate of the cost to the applicant for completion of the study. Upon the execution by the applicant of the interconnection facilities study agreement, the electric company will conduct an interconnection facilities study to identify the facilities necessary to safely interconnect the eligible system with the electric company’s electric distribution system, and to propose a non-binding, good faith estimate of the cost of those facilities and the time required to build and install those facilities.

(7) Upon completion of an interconnection facilities study, the electric company must provide the applicant with the results of the study and an executable interconnection agreement. The agreement must list the conditions and facilities necessary for the eligible system to safely interconnect with the electric company’s electric distribution system, and must include a non-binding, good faith estimate of the cost of those facilities and the estimated time required to build and install those facilities.

(8) If the applicant wishes to interconnect, it must execute the interconnection agreement and return it to the electric company at least 10 business days prior to starting operation of the eligible system (unless the electric company does not so require), pay a deposit of not more than 50 percent of the estimated cost of the facilities identified in the interconnection facilities study, complete installation of the eligible system, and agree to pay the public utility the actual installed cost of the facilities needed to interconnect as identified in the interconnection facilities study.

(9) Within 15 business days after notice from the applicant that the eligible system has been installed, the electric company must inspect the eligible system and must arrange to witness any commissioning tests required under IEEE standards. The electric company and the applicant must select a date by mutual agreement for the electric company to witness commissioning tests.

(10) If the eligible system satisfactorily passes required commissioning tests, if any, the electric company must notify the applicant in writing, within three business days after the tests, of one of the following:

(a) The interconnection is approved and the eligible system may begin operation; or

(b) The interconnection facilities study identified necessary construction that has not been completed, the date upon which the construction must be completed, and the date when the eligible system may begin operation.

(11) If the commissioning tests are not satisfactory, the applicant must repair or replace the unsatisfactory equipment to reschedule a commissioning test.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0340 Installation, Operation, Maintenance, and Testing of Contracted Systems

A contracted system must include and maintain a manual disconnect switch that will disconnect the solar photovoltaic system from the electric company’s system.

(1) The disconnect switch must be a lockable, load-break switch that plainly indicates whether it is in the open or closed position.

(2) The disconnect switch must be readily accessible to the electric company at all times and be located within 10 feet of the electric company meter. The disconnect switch may be located more than 10 feet from the electric company meter if permanent instructions are posted at the meter indicating the precise location of the disconnect switch. The electric company must approve the location of the disconnect switch prior to the installation of the facility.

(3) The retail electricity consumer must install and maintain the required disconnect switch at the retail electricity consumer’s expense.

(4) For customer services of 600 volts or less, an electric company may not require a disconnect switch for an eligible system that is inverter-based with a maximum rating as shown below.

(a) Service type: 240 Volts, Single-phase, 3 Wire — Maximum size 7.2 kilowatts.

(b) Service type: 120/208 Volts, 3-Phase, 4 Wire — Maximum size 10.5 kilowatts.

(d) Service type: 277/480, 3-Phase, 4 Wire — Maximum size 25.0 kilowatts.

(e) For other service types, the eligible system must not affect the retail electric consumers’ service conductors by more than 30 amperes.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0350 Requirements after Approval of a Solar Photovoltaic Interconnection

(1) Once a contracted system has been approved under these solar photovoltaic interconnection rules, the electric company may not require a retail electricity consumer to test or perform maintenance on its facility except for:

(a) An annual test in which the contracted system is disconnected from the electric company's equipment to ensure that the inverter stops delivering power to the grid;

(b) Any manufacturer-recommended testing or maintenance;

(d) Testing required if the retail electricity customer replaces a major equipment component that is different from the originally installed model.

(2) When a contracted system undergoes maintenance or testing in accordance with the requirements of these solar photovoltaic interconnection rules, the retail electricity consumer must retain written records for seven years documenting the maintenance and the results of testing.

(3) An electric company has the right to inspect a contracted system after interconnection approval is granted, at reasonable hours and with reasonable prior notice to the retail electricity consumer. If the electric company discovers that the contracted system is not in compliance with the requirements of these solar photovoltaic interconnection rules, the electric company may require the retail electricity consumer to disconnect the contracted system until compliance is achieved.

(4) The retail electricity customers’ electric service may be disconnected by the public utility entirely if the contracted system must be physically disconnected for any reason.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0360 Volumetric Incentive Rates and Payments – Net Metering Option

(1) Each electric company must pay the retail electricity consumer on a monthly basis for payable generation up to the consumer’s actual usage in the month. Any excess generation in the month transfers to the next month’s eligible generation. At the end of a generation year, any remaining excess generation is donated to the low income bill assistance.

(2) The default generation year is April 1to March 31. For irrigation and agriculture customers, the default generation year is November 1 to October 31.

(3) The monthly incentive payment equals the product of the volumetric incentive rate specified in the standard contract minus the retail rate in effect at the time of payment for eligible generation for the month.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0365 Volumetric Incentive Rate Bidding Option

(1) A retail electricity consumer participating under the volumetric incentive rate bidding option of the pilot program receives a payment that equals the product of the payable generation delivered to the electric company and the volumetric incentive rate per kilowatt-hour established through the consumer’s successful bid in the pilot program.

(2) Each company will conduct a volumetric incentive rate bidding process with capacity awarded in the second month of each pilot year, or as otherwise directed by the Commission, through a request for proposal process approved by the Commission.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0370 Resource Value

(1) On November 1 of 2010, 2012, and 2014, each electric company must file, for review in a Commission proceeding, its estimate of the 15-year levelized resource value for the company, along with supporting work papers.

(2) For the purpose of determining payments to retail electricity consumers at the end of the 15-year contract term, each electric utility must file, beginning January 1, 2025, and every January 1 thereafter, its estimates of the annual resource value for the company for each of the next five years.

(3) A resource value may be established for small-scale, medium-scale, and large-scale systems and may be differentiated by remote location or location central to the system load, as directed by the Commission.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0380 Cost Recovery and Rate Impacts

(1) An electric company may recover in rates all costs prudently incurred to offer the pilot program established under these rules, including, but not limited to, costs not otherwise reflected in rates for electricity usage related to:

(a) Payments for the output of contracted systems, and

(b) Data collection and analysis for assessment of the company’s pilot program.

(2) On November 1 of 2010, 2012, and 2014, and as otherwise directed by the Commission, each electric company must file for review, in a Commission proceeding, its estimates of the rate impact of pilot program participation, for each customer class, along with supporting work papers.

(3) The Commission may establish total generator nameplate capacity limits for an electric company so that the rate impact of the pilot program for any customer class does not exceed 0.25 percent of the company’s revenue requirement for the class in any year.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0390 Cost Recovery Mechanism

An electric company may request recovery of prudently incurred costs associated with compliance with the solar photovoltaic pilot program requirements. Mechanisms for recovery of cost associated with compliance will be established by Commission order.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0400 Data Collection

Except as provided in OAR 860-084-0440, each electric company must collect from the retail electricity consumer participating in the pilot program data on the installed solar photovoltaic system. The collected data elements must include, but are not limited to:

(1) Nameplate Capacity;

(2) Total Installed Cost;

(3) Photovoltaic module cost;

(4) Non-photovoltaic module cost (including inverters, other hardware, labor, overhead, and regulatory compliance costs);

(5) Total financing cost;

(6) Financing terms (including fees paid, loan term, and interest rate secured);

(7) System location, including street address and GPS location;

(8) Technology type (building-integrated versus rack-mounted, crystalline silicon versus thin-film, solar tracking versus rack-mounted, etc.);

(9) Federal tax credit;

(10) In-service date;

(11) Expected annual energy output;

(12) Date of certification of compliance; and

(13) Class of service of retail electricity consumer.

(14) Electric companies must collect data on the time to interconnection agreement and conduct pilot program satisfaction surveys in order to improve capacity reservation and interconnection processes over the pilot program. Data collection and surveys must include:

(a) Interconnection agreements that have not been negotiated between the electricity company and the retail electricity consumer within six months after an application for interconnection has been filed; or

(b) Retail electricity consumers that have reserved capacity under the pilot programs and whose capacity reservations expire before solar photovoltaic energy systems are installed.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0420 Compliance with Pilot Program Requirements

(1) The participant agrees to the confidential release of information from participant surveys and pilot program applications to the organizations listed in section (2) of this rule.

(2) Each electric company must send a list of all reserved and contracted systems that have completed the release of confidential information to the Energy Trust of Oregon, the Oregon Department of Revenue, or the Oregon Department of Energy, upon request by each organization. Data in this list must include the following minimum information:

(a) Installation location of system;

(b) Nameplate capacity of installed system;

(d) Financer of system;

(e) In-service date;

(f) Date of certification of compliance; and

(g) Customer account number.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0430 Data Availability

(1) Each electric company must verify that the data collected pursuant to OAR 860-084-0400 and 860-084-0420 has been recorded in an appropriate electronic database prior to making volumetric incentive rate payments to participating retail electricity consumers.

(2) Upon request, each electric company must provide the data collected under OAR 860-084-0400 and 860-084-0420, in a format established by the Commission. Reports that include this raw data and a summary of this data for the pilot program to date, must be provided to the Oregon Department of Energy, the Energy Trust of Oregon, the Oregon Department of Revenue, and the Commission, bi-annually, on the 15th day in February and August.

(3) Each electric company must provide the Commission or the Oregon Department of Energy location information that will enable one of these state agencies to make graphically visible, on a publically accessible website, the general locations and sizes of reserved and contracted systems of all electric companies within the state of Oregon. This information must not include consumer names or installation addresses or total capacity deployed to date.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0440 Pilot Program Overhead

(1) Electric companies must submit for Commission approval evaluations of solar photovoltaic pilot programs including:

(a) Proposals for the design and execution of surveys to measure participant satisfaction with and recommendations for improving the pilot program processes;

(b) Proposals for the design and execution of surveys to understand participant decision processes in choosing between the volumetric incentive rate program and the existing net metering program;

(c) Comments on Commission recommendations for regulatory policy changes that may increase the use of solar photovoltaic systems, make solar photovoltaic systems more affordable, reduce the cost of incentives to utility customers, or promote the development of the solar industry in Oregon; and

(d) Additions to the list of required data to be collected under OAR 860-084-0400.

(2) Each electric company may enter into a contract with the Energy Trust of Oregon to provide the data collection and summary services required by OAR 860-084-0400 through 860-084-0440. An electric company may also contract with the Energy Trust of Oregon to administer pilot programs, including capacity reservation services, survey execution, or program evaluation. The Commission may direct the electric companies to contract with the Energy Trust of Oregon if the Commission finds that the costs to administer individual pilot programs are unreasonable.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 7-2011, f. & cert. ef. 9-30-11
PUC 2-2010, f. & cert. ef. 6-1-10

Or. Admin. R. 860-084-0450 Reports to the Legislature

The Commission must open a docket on or before November 1 of 2010, 2012, and 2014 to receive public comment and recommendations on the draft reports prepared by Commission staff regarding the pilot programs.

History

Statutory/Other Authority: ORS 757.360 - 757.380
Statutes/Other Implemented: ORS 757.360 - 757.380
PUC 2-2010, f. & cert. ef. 6-1-10

Division 85 GREENHOUSE GAS EMISSIONS REQUIREMENTS

Or. Admin. R. 860-085-0005 Scope and Applicability of Greenhouse Gas Emissions Requirements

(1) OAR 860-085-0005 through 860-085-0050 (the “Greenhouse Gas Emissions Requirements”) govern implementation of the greenhouse gas emissions standard for electric companies and electricity service suppliers, under ORS 757.522 through 757.538, and natural gas companies.

(2) Upon request or its own motion, the Commission may waive any of the Greenhouse Gas Emissions Requirements if good cause is shown.

History

Statutory/Other Authority: ORS 756.040 & 757.538
Statutes/Other Implemented: 757.538
PUC 11-2011, f. & cert. ef. 11-15-11

Or. Admin. R. 860-085-0010 Definitions

(1) As used in OAR 860-085-0010 through 860-085-0050:

(a) “Baseload electricity” has the meaning given that term in ORS 757.522.

(b) “Carbon dioxide equivalent” means a unit of measurement that allows the effect of different greenhouse gases and other factors to be compared using carbon dioxide as a standard unit for reference.

(c) “Cogeneration facility” means a facility that produces electric energy and steam or other forms of useful thermal energy (such as heat) by cogeneration that is used for industrial, commercial, heating, or cooling purposes.

(d) “Commission” has the meaning given that term in ORS 756.010.

(e) “Electric company” has the meaning given that term in ORS 757.600.

(f) “Electricity service supplier” has the meaning given that term in ORS 757.600.

(g) “Generating facility” has the meaning given that term in ORS 757.522.

(h) “Greenhouse gas” has the meaning given that term in ORS 468A.210.

(i) “Greenhouse gas emissions” means gaseous emissions expressed as a carbon dioxide equivalent.

(j) “Greenhouse gas emission factors” means the factors, and procedure for use of these factors, as published in United States Environmental Protection Agency publication AP-42 Compilation of Air Pollutant Emission Factors, 2009 Update.

(k) “Long-term financial commitment” has the meaning given that term in ORS 757.522.

(l) “Low-carbon emissions resource” means a generating facility with a greenhouse gas emission rate that is no more than the greenhouse gas emissions standard.

(m) “Natural gas company” has the meaning given that term in ORS 772.610.

(n) Useful thermal energy” means kilowatt hours (kWh) of energy actually sent to be used in a process (whether it be in the form of steam, water, air, products of combustion, or product) net of the kWh of energy discharged from the process as waste (whether it be in the form of steam, water, air, or products of combustion).

(2) As used in ORS 757.522 through 757.536:

(a) “Combined-cycle natural gas generating facility” means a generating facility that employs one or more combustion turbine generators (gas turbine) fueled by natural gas to generate electricity, and one or more gas turbine exhaust heat recovery steam generators producing steam for generation of additional electricity using one or more steam turbine generators (steam turbine).

(b) “Commercially available” means available for purchase and in operation in the United States at no less than 80 percent of rated output (adjusted for the elevation and ambient temperature at the installed location) for no less than 7000 hours during the preceding year.

[Publication: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 756.040 & 757.538
Statutes/Other Implemented: 757.538
PUC 11-2011, f. & cert. ef. 11-15-11

Or. Admin. R. 860-085-0020 Greenhouse Gas Emissions Standard Applicable to Electric Companies and Electricity Service Suppliers

Electric companies and electricity service suppliers will be given an opportunity to comment regarding a proposed modification of the greenhouse gas emissions standard. Electric companies and electricity service suppliers must consider in their comments the effects of modifying the greenhouse gas emissions standard on their system reliability and overall costs to their electricity consumers in this state.

History

Statutory/Other Authority: ORS 756.040 & 757.538
Statutes/Other Implemented: 757.538
PUC 11-2011, f. & cert. ef. 11-15-11

Or. Admin. R. 860-085-0030 Emissions Standard-Based Restrictions on Long-Term Financial Commitments by Electric Companies or Electricity Service Suppliers

(1) Unless the Commission has already made a determination under ORS 757.536(b)(3), an electric company or electricity service supplier must demonstrate to the Commission that the baseload electricity acquired under a long-term financial commitment is produced by a generating facility that complies with the greenhouse gas emissions standard:

(a) For electric companies, the demonstration required in this section must be made when the electric company first seeks recovery of costs of a long-term financial commitment.

(b) For electricity service suppliers, the demonstration required in this section must be made when the electricity service supplier first seeks certification renewal after making a long-term financial commitment.

(2) For electricity supplied from long-term financial commitments for which emissions can readily be determined with specificity, the demonstration required in section (1) of this rule for those sources must use the emissions calculation procedures provided in OAR 340-215-0010 through 340-215-0060, or greenhouse gas emission factors.

(3) For the demonstration required in section (1) of this rule, electric companies and electricity service suppliers must identify long-term financial commitments for which emissions cannot readily be determined with any specificity. The electric companies and electricity service suppliers must propose for approval by the Commission the greenhouse gas emissions rate to be applied to these sources.

(4) Electric companies and electricity service suppliers may submit to the Commission for determination under ORS 757.531(2)(c) a plan for a generating facility to be a low-carbon emissions resource.

History

Statutory/Other Authority: ORS 756.040 & 757.538
Statutes/Other Implemented: 757.538
PUC 11-2011, f. & cert. ef. 11-15-11

Or. Admin. R. 860-085-0040 Commission Review of Plans and Rates to Ensure Compliance with Greenhouse Gas Emissions Standard Rules

ORS 757.536(1) does not apply to a facility that meets one or more of the requirements for exemption set forth by ORS 757.531(2).

History

Statutory/Other Authority: ORS 756.040 & 757.538
Statutes/Other Implemented: 757.538
PUC 11-2011, f. & cert. ef. 11-15-11

Or. Admin. R. 860-085-0050 Rate Impact Estimating and Reports

(1) Electric companies and natural gas companies must submit a report to the Commission by July 1 of even numbered years, beginning in 2012, presenting estimates of, and analysis methods used and assumptions made in estimating the impacts to customer rates for meeting the following Oregon energy consumption based greenhouse gas emission reduction goals by January 1, 2020:

(a) Ten percent below 1990 levels, under ORS 468A.205; and

(b) Fifteen percent below 2005 levels. The rate impacts must be presented as the percent of change compared to a base case with no greenhouse gas emission reduction goals.

(2) Electric companies and natural gas companies must use analysis methods and assumptions that are technically and economically feasible, and that contain all life-cycle costs.

(3) Electric companies and natural gas companies must include a calculation of their Oregon energy consumption based greenhouse gas emissions for 1990 (estimated actual), 2005 (estimated actual) and 2020 (projected) in the report required in section (1) of this rule.

(4) For electric companies the calculation required in section (3) of this rule must:

(a) Utilize greenhouse gas emission factors for the specific generating technology used at each electric company’s own generating facilities. An electric company's own generating facilities include company-owned resources and wholesale purchases from specific generating units, less wholesale sales from those specific generating units.

(b) Utilize the greenhouse gas emission rate proposed by the electric company and approved by the Commission for net market purchases, standard offer sales, and electricity service suppliers where generating technology cannot readily be determined with specificity.

(5) For natural gas companies the calculation required in section (3) of this rule must reflect greenhouse gas emissions due to all natural gas company operations, activities and facilities.

(6) The Commission will develop estimates of the rate impacts for electric companies and natural gas companies to meet the following alternative greenhouse gas emission reduction goals for 2020:

(a) Ten percent below 1990 levels, as specified in ORS 468A.205; and

(b) Fifteen percent below 2005 levels.

(7) The Commission will submit a report presenting the estimates and explaining the analysis used to develop the estimates to the appropriate interim committee of the Legislative Assembly prior to November 1 of each even-numbered year.

(8) Sections (1) through (7) of this rule are repealed on January 2, 2020.

History

Statutory/Other Authority: ORS 756.040 & 2009 OL Ch. 751 § 9
Statutes/Other Implemented: 757.538 & 2009 OL Ch. 751 § 9
PUC 11-2011, f. & cert. ef. 11-15-11

Or. Admin. R. 860-085-0500 Voluntary Emission Reduction Projects

OAR 860-085-0500 through 860-085-0750 are established under ORS 757.539 and are to be read in conjunction with that statute. For purposes of these rules, “Emission Reduction Project” or “Project” means a single or set of voluntary measures, including all labor, equipment, materials, items, or actions, designed to reduce anthropogenic greenhouse gas emissions within a defined boundary that would not otherwise occur.

History

Statutory/Other Authority: ORS Ch. 183, 756 & 757
Statutes/Other Implemented: ORS 757.539
PUC 8-2014, f. & cert. ef. 12-3-14

Or. Admin. R. 860-085-0550 Project Eligibility Criteria

To be eligible for Commission approval, the Project must satisfy the minimum criteria set forth in ORS 757.539(3).

History

Statutory/Other Authority: ORS Ch. 183, 756 & 757
Statutes/Other Implemented: ORS 757.539
PUC 8-2014, f. & cert. ef. 12-3-14

Or. Admin. R. 860-085-0600 Project Application Requirements

In addition to the information required by ORS 757.539(4)(a)–(k), a Project application must include:

(1) General information:

(a) A description of how the Project satisfies the minimum eligibility criteria described in ORS 757.539(3)(a)–(f);

(b) A discussion of all Project measures being employed to reduce emissions;

(d) A description of the Project boundary and scope;

(e) A discussion of the emission reduction strategy used, and why the approach is appropriate, timely, and merits approval; and

(f) Whether the Project is able to generate environmental credits or certificates and any potential revenues associated with their sale or use. The utility must explain the rationale for the proposed treatment of any credits and refer to any appropriate protocols, certification systems, regulatory regimes, or other rules for generating, trading, and retirement of such credits or certificates;

(2) Cost recovery information:

(a) A requested method for cost recovery as described in ORS 757.539(8);

(b) A showing of the Project benefits received and the allocation of benefits for each type of ratepayer. “Project benefits” means those benefits that accrue to ratepayers of the utility when such benefits can reasonably be attributed to the Project;

(c) A description of any requested incentive payments, and requested recovery that complies with OAR 860-085-0750. A utility may propose an incentive structure with its initial Project proposal that can then be applied to subsequently approved Projects; and

(d) Any required tariffs; and

(3) An Emissions Reduction Verification Plan that includes;

(a) The methodology used to calculate the projected emission reductions. The methodology must identify:

(A) A Project baseline; that is, an estimate of the emissions that would occur under the ordinary course of business or set of conditions reasonably expected to occur within the defined boundary and scope of an Emission Reduction Project in the absence of the Emission Reduction Project, taking into account all current laws and regulations, as well as current economic and technological trends;

(B) Emission leakage and Project emissions, which must be deducted from the emission reductions generated by the Project activity. “Emission leakage” means a reduction in greenhouse gas emissions within the Project that is offset by an increase in greenhouse gas emissions outside the Project. “Project emissions” means any emissions attributable to the implementation of an Emission Reduction Project; and

(b) A plan for monitoring emission reductions, including the ongoing collection and retention of data for determining the Project baseline, Project emissions, and emissions reductions that are attributable to the Project. With the plan, the utility must describe the methods and equipment used, and identify the anticipated costs of monitoring and verifying emission reductions.

History

Statutory/Other Authority: ORS Ch. 183, 756 & 757
Statutes/Other Implemented: ORS 757.539
PUC 8-2014, f. & cert. ef. 12-3-14

Or. Admin. R. 860-085-0650 Project Threshold

For the purpose of determining whether an application will be subjected to the procedural process described in either ORS 757.539(6) or (7), Tier-1 and Tier-2 Projects are defined as follows:

(1) A Tier-1 Project is one that has projected costs that would be borne by the ratepayers of the utility proposing the Project that are equal to or less than $1 million and has an overall project cost of less than $85 per metric ton of reduced emissions.

(2) A Tier-2 Project is one that has projected costs that would be borne by the ratepayers of the utility proposing the Project that are greater than $1 million or has an overall project cost of equal to or greater than $85 per metric ton of reduced emissions.

History

Statutory/Other Authority: ORS Ch. 183, 756 & 757
Statutes/Other Implemented: ORS 757.539
PUC 8-2014, f. & cert. ef. 12-3-14

Or. Admin. R. 860-085-0700 Project Cap

Projected costs to ratepayers of all Emission Reduction Projects must not exceed 4 percent of the utility's last approved retail revenue requirement, inclusive of all revenue collected under adjustment schedules. The costs of incentives the utility proposes to recover under this rule will be included in the determination of the costs to ratepayers under this cap.

History

Statutory/Other Authority: ORS Ch. 183, 756 & 757
Statutes/Other Implemented: ORS 757.539
PUC 8-2014, f. & cert. ef. 12-3-14

Or. Admin. R. 860-085-0750 Utility Incentives for Applicable Projects

(1) The Commission may grant incentive payments for an Emission Reduction Project.

(2) The total costs to ratepayers of all incentives received by the utility may not exceed 25 percent of the project cap specified in 860-085-0700;

(3) The Commission may structure incentives such that the amounts allowed:

(a) Are linked to the amount of emissions reduced; or

(b) Vary depending on whether a Project is recovered as an expense or an investment placed in rate base.

(4) The Commission may discontinue or reduce the incentives to be paid to the utility if a Project is out of compliance with any requirements of the Commission’s approval order.

History

Statutory/Other Authority: ORS Ch. 183, 756 & 757
Statutes/Other Implemented: ORS 757.539
PUC 8-2014, f. & cert. ef. 12-3-14

Division 86 CUSTOMER INFORMATION

Or. Admin. R. 860-086-0000 Scope and Applicability of Customer Information Rules

(1) OAR 860-086-0020 through 860-086-0040 govern the transfer and use of utility customer information between investor-owned electric or natural gas companies that pay public purposes charges and a nongovernmental entity, referred to in these rules as the “Administrator,” designated by the Commission under ORS 757.612(3)(d).

(2) Upon request or its own motion, the Commission may waive any of the Division 086 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2012, f. & cert. ef. 8-24-12

Or. Admin. R. 860-086-0010 Definitions

For the purposes of OAR 860-086-0000 through 860-086-0040,

(1) “Administrator” means the nongovernmental entity the Commission has designated under ORS 757.612(3)(d).

(2) “Affiliate” means a corporation or person who has an affiliated interest, as defined in ORS 757.015, with a public utility.

(3) “Aggregator” means an entity that combines retail electricity customers into a buying group for the purchase of electricity and related services.

(4) “Electric company” means an entity that is subject to ORS 757.612 and is engaged in the business of distributing electricity to retail electricity consumers in this state. Electric company does not include a consumer-owned utility.

(5) “Electricity service supplier” or “ESS” means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. “Electricity service supplier” does not include an electric utility selling electricity to retail electricity consumers in its own service territory. An ESS can also be an aggregator.

(6) “Proprietary customer information” means any information acquired, compiled, or created by an electric or natural gas utility regarding a customer in the normal course of providing electric or natural gas services that makes possible the identification of any individual customer by matching the information with the customer’s name, address, account number, type or classification of service, current or historical electricity or natural gas usage, expected patterns of use, types of facilities used in providing service, individual contract terms and conditions, price, current charges, billing records, installed appliances or equipment if any, or any other information that the customer has expressly requested not be disclosed. Information that is redacted or organized in such a way as to make it impossible to identify the customer to whom the information relates does not constitute proprietary customer information.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2012, f. & cert. ef. 8-24-12

Or. Admin. R. 860-086-0020 Electric Company Customer Information

An electric company must file and maintain a tariff with the Commission that specifies the types of proprietary customer information, along with the prices, terms, conditions, and consent procedures associated with the transfer of such information to its competitive operations, electricity service suppliers, affiliates and aggregators. The provisions of this rule do not apply to information transferred under OAR 860-086-0030 or 860-086-0040.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2012, f. & cert. ef. 8-24-12

Or. Admin. R. 860-086-0030 Electric Company Transfer of Data

(1) This rule applies only to customers with usage less than one average megawatt (aMW) and those customers who elect to opt-in as described in Section (11).

(2) An electric company must transfer to the Administrator the following proprietary customer information for electric company customers, if available.

(a) Customer name;

(b) Service address (including apartment/unit/suite number);

(d) In-service or activation date;

(e) Building type (for example, multifamily);

(f) Business type (identified using a Standard Industrial Classification (SIC code) or U.S. Census Bureau NAICS code);

(g) Initially, 18 months of the most recent historical usage data on a per-billing month basis (total billed kilowatt hours and kW);

(h) Meter number and other point-of-delivery identification numbers;

(i) Rate schedule identifier for each customer account;

(j) Whether the customer is applying self-direct credits against its energy efficiency and renewable public purpose charge during each billing period;

(k) Information about any energy efficiency program participation and type of space heat used by the customer;

(l) Updates for all of the usage data and revisions to the underlying database information on a periodic basis under subsection (6)(d) of this rule.

(m) For unmetered accounts (for example, street lights, cellular towers, telephone booths, and electric utility service buildings), electric companies must transfer contracted kilowatt-hour consumption rather than actual billed consumption.

(3) An electric company may not transfer to the Administrator:

(a) Social security numbers,

(b) Billing and payment history,

(d) Tax identification numbers,

(e) Driver license numbers,

(f) Life support information,

(g) Any medical information,

(h) Proprietary customer information protected by the password provision required under OAR 860-021-0009(6), or

(i) Proprietary customer information for customers who have requested that their information not be shared with third parties.

(4) The Administrator must transfer to the electric company information, if available, regarding electric company customer participation in electric efficiency programs where electric company funding has been applied. At a minimum, the Administrator must provide:

(a) Service address (including apartment, unit, or suite number);

(b) Meter number and other point-of-delivery identification numbers;

(c) Information about electric efficiency program participation, such as measures installed since the inception of the Administrator’s delivery of the efficiency programs; and

(d) Whether a customer has agreed to the electric company’s transfer of its proprietary customer information to the Administrator as a result of its participation in an electric efficiency program, and the term during which the Administrator has the right to see such information.

(5) The information provided by the Administrator to the electric company may be used by the electric company solely for utility business, may not be shared with third parties (except for those providing utility services for the electric company under contracts requiring that the information be treated confidentially and used only for providing such services for the electric company), and if used for direct marketing, such use will be made only after notice to and coordination with the Administrator.

(6) The manner by which the required information is transferred will be governed by an Information Transfer Agreement, which is executed and maintained by an electric company and the Administrator. An Information Transfer Agreement must acknowledge the Administrator’s obligations to protect proprietary customer information per this rule and the Administrator’s policy or policies adopted under section 15 of this rule and must specify:

(a) The database format to be used for the transfer of information;

(b) The billing period, payment arrangements, and estimates of incremental costs incurred by an electric company or, for information in section 4, by the Administrator, for the transfer of the information;

(d) Timelines for updates for all of the data and revisions to the underlying database information;

(e) That proprietary customer information may be used by the Administrator to implement, administer, and evaluate energy efficiency and renewable energy programs and may not be used for telemarketing; and if the Administrator intends to use the information for other direct marketing activities, the Administrator must notify the electric company whose customers are likely to be affected and coordinate such activities with the electric company;

(f) That the release of proprietary customer information by the Administrator for any other purpose or to any party (other than the electric company) who has not signed an agreement to treat such information confidentially under subsection 15(b) of this rule may not be made without consent of the customer; and

(g) Provisions for modification of the Information Transfer Agreement.

(7) If the Administrator and an electric company cannot agree on the terms and conditions of an Information Transfer Agreement, the Commission may set the terms and conditions based upon input from the Administrator and electric company.

(8) If the Administrator or an electric company notifies the other that the information supplied by the other is insufficient, incomplete, or not usable, the Administrator and electric company will attempt to resolve the issue and if necessary, modify the Information Transfer Agreement. If the Administrator and electric company cannot resolve the issue, the electric company or the Administrator may promptly seek Commission resolution of the dispute.

(9) An electric company must notify in writing customers whose usage is 1 aMW or greater (over 1 aMW customer) of the opportunity to opt in to the information transfer.

(a) Customers are considered an over 1 aMW customer under criteria established by an electric company through its billing process.

(b) For customers without a usage history, usage may be estimated by an electric company for the purpose of this rule and those customers projected to meet the 1aMW or greater threshold must be included.

(c) An electric company may choose to treat customers having multiple accounts over 1 aMW as a group for the purpose of this rule and may include or exclude those accounts through one notification process.

(10) The notice required in section (9) of this rule must, at a minimum:

(a) Identify and explain the role of the Administrator,

(b) Identify the type of proprietary customer information to be transferred by an electric company; and

(11) An electric company must also provide periodic opt-in notification for the over 1 aMW customers either as a part of a standard customer contact discussion or in writing under the timelines in the Information Transfer Agreement and set forth in section (6) of this rule.

(a) If the over 1 aMW customer does not opt in to the information transfer, all accounts over 1 aMW must be excluded from the information sharing process, and the electric company must transfer to the Administrator only the name, service address, and whether customer is applying self-direct credits against its energy efficiency and renewable public purpose charge during each billing period, if known.

(b) The over 1 aMW customer may at any time authorize transfer by the electric company to the Administrator of other proprietary customer information described in section (2), in which case the electric company must promptly transfer to the Administrator the specified information and provide updates.

(c) If a customer opts in, it may subsequently opt out by providing written notice to the electric company, except that such notice is not effective as to information the customer previously agreed may be transferred by the electric company to the Administrator under the terms of an agreement under which the Administrator has provided an incentive to the customer.

(d) The transfer of proprietary customer information must be in accordance with the Information Transfer Agreement.

(12) Each electric company must send a notice to its customers prior to the Administrator’s receipt of their proprietary customer information:

(a) Informing them of the requirements of these new rules;

(b) Explaining that the purpose of transferring customer data to the Administrator is to help ensure that the Administrator is better prepared to assist a customer who is interested in participating in customer-funded efficiency and renewable energy programs;

(c) Asking customers if they wish to be on a “do not contact” list, in which case they will receive no unsolicited contact from the Administrator, or its contractors; and

(d) For the over 1 aMW customer, explaining that absent the customer’s consent, only the limited customer information listed in subsection (11)(a) of this rule will be transferred to the Administrator.

(13) If an electric company receives an unsolicited request from a customer to not provide their proprietary customer information to the Administrator, or if the customer has previously opted out of transfer of their proprietary information prior to the implementation of this rule, and the customer has not agreed otherwise with the Administrator, the electric company must honor that request unless the electric company subsequently receives written customer consent to transfer the proprietary customer information to the Administrator. A customer’s request to opt out in response to a notice from the electric company explaining the customer’s rights is also considered an unsolicited request for the purpose of this section.

(14) When an electric company has provided proprietary customer information to the Administrator under this rule, an electric company may not be charged with at-fault complaints filed with the Commission's Consumer Services Division with respect to the provision of proprietary customer information if the Commission finds that the electric company did not violate its tariff, Oregon Administrative Rules, Oregon Revised Statutes, or a Commission Order.

(15) Before an electric company provides the Administrator with proprietary customer information under this rule, the Administrator must:

(a) Develop and adopt in an open process a policy or policies ensuring that the confidentiality of the proprietary customer information it receives from an electric company is protected in a manner that meets the requirements of all federal, state, and local laws regarding protection for this type of information;

(b) Agree to require its employees and contractors to commit to specific non-disclosure requirements in order to gain access to proprietary customer information which, at a minimum, require that the proprietary customer information:

(A) Be used only for the purposes of a particular project or contract;

(B) Be shared with a subcontractor only under similar conditions and requirements and only upon approval of the Administrator; and

(d) Establish a process by which customers may require the Administrator not to use the proprietary customer information to make unsolicited contact with the customer, including, but not limited to, responding to the electric company notice in section (12) of this rule.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667
PUC 6-2012, f. & cert. ef. 8-24-12

Or. Admin. R. 860-086-0040 Gas Utility Customer Information and Transfer of Data

(1) A gas utility that offers energy conservation programs through the Administrator must transfer to the Administrator proprietary customer information for gas utility company customers as follows:

(a) If such information is available for its residential and commercial customers in the gas utility's records:

(A) Customer name;

(B) Service address (including apartment, unit, or suite number);

(D) Building type (for example, multifamily);

(E) Business type (identified using a Standard Industrial Classification (SIC) code or a U.S. Census Bureau NAICS code);

(F) Initially, 18 months of the most recent historical usage data;

(G) Meter and other point-of-delivery identification number;

(H) Rate schedules for each customer;

(I) Information about energy efficiency program participation,

(J) Type of space heat used by the customer; and

(K) Updates for all of the usage data and revisions to the underlying database information on a periodic basis under subsection (4)(d) of this rule; and

(b) If such information is available for its industrial sales customers or other customers not included in section (1)(a) and not subject under the applicable utility tariff to pay a public purpose charge:

(A) Customer name;

(B) Service address;

(D) Account numbers.

(2) A gas utility may not transfer to the Administrator the following customer information:

(a) Social security numbers;

(b) Billing and payment history;

(d) Tax identification numbers;

(e) Driver license numbers;

(f) Life support information;

(g) Medical information;

(h) Proprietary customer information protected by the password provision required per OAR 860-021-0009(6);

(i) Proprietary customer information for customers who have requested that their information not be shared with third parties; or

(j) Proprietary customer information including usage data for the gas utility’s transportation customers.

(3) The Administrator must transfer to the gas utility information available in the Administrator’s records regarding gas utility customer participation in gas conservation programs where gas utility funding has been applied. At a minimum, the Administrator must provide:

(a) Customer name,

(b) Service address (including apartment, unit, or suite number),

(d) Information about gas efficiency program participation, such as gas measures installed since the inception of the Administrator’s delivery of the gas efficiency programs.

(4) The manner by which such information is transferred and used will be governed by an Information Transfer Agreement, which is executed and maintained by a gas utility and the Administrator. An Information Transfer Agreement must:

(a) Specify the necessary database format for information that will be transferred between the gas utility and the Administrator;

(b) Specify the billing period, payment arrangements, and estimates of incremental costs incurred by either the gas utility or the Administrator for the transfer of the information;

(d) Identify timelines for providing updates for data and revisions to the underlying database information;

(e) Acknowledge the Administrator’s obligations to protect proprietary customer information per this rule and the Administrator’s policy or policies adopted under section 10 of this rule;

(f) Acknowledge that the proprietary customer information will be used by the Administrator to implement, administer and evaluate gas efficiency programs, and the Administrator must regularly notify the gas utility of these activities;

(g) Acknowledge that the proprietary customer information provided to the Administrator will not be used for telemarketing to gas utility customers;

(h) Acknowledge that the Administrator may use proprietary customer information for the purpose of direct marketing of the Administrator’s gas efficiency programs, provided:

(A) The Administrator has given prior notification to the gas utility whose customers are likely to be affected;

(B) The Administrator has coordinated the direct marketing activities with the utility; and

(i) Acknowledge that the release of proprietary customer information by the Administrator for any other purpose or to any other third party who has not signed an agreement to treat such information confidentially under subsection 10(b) of this rule may not be made without consent of the customer; and

(j) Acknowledge that the information provided by the Administrator to the gas utility may be used by the gas utility solely for utility business, may not be shared with other parties, and if used for direct marketing, such use will be made only after notice to and in coordination with the Administrator.

(k) Provide for modification of the Information Transfer Agreement.

(5) If the Administrator and a gas utility company cannot agree on the terms and conditions of an Information Transfer Agreement, the Commission may set the terms and conditions based upon input from the Administrator and the gas utility company.

(6) If the Administrator or the gas utility notifies the other that the proprietary customer information supplied by the other is insufficient, incomplete, not usable, or is not being used in compliance with this rule, the Administrator and gas utility company will attempt to resolve the issue and, if necessary, modify the Information Transfer Agreement. If the Administrator and gas utility company cannot resolve the issue, either party may seek Commission resolution of the dispute.

(7) Each gas utility must send a notice to its customers prior to the Administrator’s receipt of their proprietary customer information:

(a) Informing them of the requirements of this rule;

(b) Explaining that the purpose of transferring customer data to the Administrator is to ensure that the Administrator is better prepared to assist a customer who is interested in participating in customer-funded energy efficiency and renewable energy programs; and

(c) Asking customers if they wish to be on a “do not contact” list, in which case they will receive no unsolicited contact from the Administrator, or its contractors.

(8) If a gas utility company receives an unsolicited request from a customer to not provide their proprietary customer information to the Administrator, and the customer has not agreed otherwise with the Administrator, the gas utility must honor that request unless the gas utility subsequently receives written consent from its customer to transfer their proprietary customer information to the Administrator. An unsolicited request includes a customer’s response to a notice from the gas utility explaining the customer’s rights.

(9) When a gas utility has provided proprietary customer information to the Administrator under this rule, the gas utility may not be charged with at-fault complaints filed with Commission's Consumer Services Division for the Administrator’s or the Administrator’s sub-contractors’ access to, use or mishandling of proprietary customer information.

(10) The Administrator must:

(a) Develop and adopt in an open process a policy or policies ensuring that the confidentiality of the proprietary customer information it receives from gas utilities is protected in a manner that meets the requirements of all federal, state and local laws regarding protection for this type of information;

(A) Be used only for the purposes of particular programs, projects or contracts;

(B) Be shared with a subcontractor only under similar conditions and requirements and only upon approval of the Administrator; and

(c) Establish a process by which customers may require the Administrator not to use the proprietary customer information to make unsolicited contact with the customer.

History

Statutory/Other Authority: ORS 183, 756 & 757
Statutes/Other Implemented: ORS 756.040
PUC 6-2012, f. & cert. ef. 8-24-12

Division 87 TRANSPORTATION ELECTRIFICATION PLANS

Or. Admin. R. 860-087-0001 Scope and Applicability of Rules

(1) The rules in this division prescribe the application and reporting requirements for electric company activities that support transportation electrification (TE) as required by ORS 757.357.

(2) Upon request or its own motion, the Commission may waive any of the rules in this division for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 756.040, ORS 756.060 & ORS 757.357
Statutes/Other Implemented: OL 2016, ch. 028, sect. 20 & 29 (SB 1547) & OL 2021, ch. 095, sect. 4 (HB 2165),
PUC 7-2022, amend filed 09/29/2022, effective 09/29/2022
PUC 6-2016, f. & cert. ef. 11-22-16

Or. Admin. R. 860-087-0010 Definitions

For the purpose of this division:

(1) “Electric company” means an electric company as defined in ORS 757.600.

(2) “Transportation Electrification Program” means a program proposed as defined in Oregon Laws 2021, chapter 95 Section 4.

(3) "Infrastructure measures" means infrastructure measures as defined in Oregon Laws 2021, chapter 95 Section 4.

(4) "Monthly Meter Charge" means the funds collected by an electric company to support and integrate transportation electrification under Oregon Laws 2021, chapter 95 Section 2.

(5) "Underserved communities" means underserved communities as defined in Oregon Laws 2021, chapter 95 Section 2.

(6) "Transportation Electrification Budget" means all the planned expenditures on and sources of projected revenue that support transportation electrification in the first three years of the TE Plan.

(7) "Public charging infrastructure" means charging infrastructure intended for public use.

(8) "Private charging infrastructure" means charging infrastructure not intended for public use.

(9) "Transportation Electrification Plan" means the description and analysis of all activities an electric company takes to support transportation electrification and the funding of the TE Budget.

History

Statutory/Other Authority: ORS 756.040, ORS 756.060, OL 2016 ch. 028 sect. 20 (SB 1547), OL 2021, ch. 095, sect. 2 (HB 2165) & ORS 757.357
Statutes/Other Implemented: OL 2016 ch. 028 sect. 20 (SB 1547) & OL 2021, ch. 095, sect. 2 (HB 2165)
PUC 7-2022, amend filed 09/29/2022, effective 09/29/2022
PUC 6-2016, f. & cert. ef. 11-22-16

Or. Admin. R. 860-087-0020 Transportation Electrification Plan

(1) This rule prescribes the required elements of an electric company's Transportation Electrification Plan (TE Plan). The objective of the TE Plan is to:

(a) Integrate the electric company's transportation electrification actions into one document. The Plan shall include, but is not limited to, the electric company's portfolio of near-term and long-term transportation electrification actions, including applications for program(s), and infrastructure measure(s), planning and expenditure of the Monthly Meter Charge, and other transportation electrification actions such as Clean Fuels programs.

(b) Act as a summary of the electric company's investments and activities, which may include investments and infrastructure for electric vehicles of various sizes, rate design, programs, and services, reasonably expected to achieve the objectives of Oregon Laws 2021, chapter 95. The TE Plan shall seek to address areas most affected by market barriers in the electric company's service territory, prioritize load management, and to provide benefits for underserved communities..

(2) An electric company must file for Commission acceptance of a TE Plan.

(a) As used in this rule, "acceptance" means the Commission finds that the TE Plan meets the criteria and requirements of this rule and does not constitute a determination on the prudence of the individual actions discussed in the TE Plan. The Commission may accept the TE Plan subject to conditions. Acceptance, or acceptance subject to conditions, shall constitute approval of the electric company's program applications and TE Budget as filed in the TE Plan and its appendices. Non-acceptance means that the TE Plan does not meet the criteria or requirements of this rule.

(b) An electric company must present a draft TE Plan to Commission staff and stakeholders for review and comment on or before May 1, every three years starting in the year 2025, or as otherwise directed by the Commission. The TE Plan shall include the three calendar years after the year the TE Plan is presented.

(c) The electric companies will work with Commission staff to propose a schedule to parties for draft TE Plan review, comment, and workshops.

(d) After public review of the draft TE Plan, the electric company must file a final TE Plan with the Commission, noting how the electric company responded to parties' comments.

(e) Commission staff will present its recommendation on the electric company's TE plan at a public meeting. The Commission shall also consider party and electric company comments and recommendations on a TE Plan at the public meeting before issuing an order of acceptance. The Commission may provide direction to an electric company regarding any additional analyses or actions that the electric company should undertake in its next TE Plan.

(f) An electric company may propose TE Plan updates at any time between scheduled TE Plan filings. An electric company is required to file a TE Plan update for material changes to its TE Plan. Material changes are new TE program or infrastructure measure applications, or program or infrastructure measure changes that require new incremental ratepayer dollars. Commission staff will work with parties to propose a schedule for public review of TE Plan updates.

(3) The TE Plan must include:

(a) The current condition of the transportation electrification market in the electric company's Oregon service territory, including, but not limited to:

(A) A discussion of new state policies and programs since the last TE Plan filing;

(B) Market barriers that the electric company can address and other barriers that are beyond the electric company's control, including any identified emerging challenges to transportation electrification, charging, and vehicle technology updates;

(C) Existing data reasonably accessible to the electric company on the availability, reliability, and usage patterns of charging stations;

(D) Number of electric vehicles of various sizes in the utility service territory and projected number of vehicles in the next ten years;

(E) Other transportation electrification infrastructure, if applicable; and

(F) A forecast of public and private charging infrastructure needed in the company's service territory to support transportation electrification. The forecast should utilize a Commission-approved tool to estimate needed public charging infrastructure over the next ten years and include type, location and timing of needed infrastructure.

(b) A summary of the electric company's transportation electrification portfolio of program(s) and future transportation electrification concepts and actions in its Oregon service territory for the next three years. The summary should include the company's long-term vision for its TE portfolio and strategy to support transportation electrification in its service territory. The TE Plan must incorporate project learnings and any other relevant information gathered from other transportation electrification infrastructure investments, programs, and actions to ensure that lessons learned are carried forward to the next TE Plan;

(c) A discussion of how programs and infrastructure measures in the TE Plan holistically advance performance area categories that include, but are not limited to:

(A) Environmental benefits including greenhouse gas emissions impacts;

(B) Electric vehicle adoption;

(D) Equity of program offerings to meet underserved communities;

(E) Distribution system impacts and grid integration benefits;

(F) Program participation and adoption; and

(G) Infrastructure performance including charging adequacy which considers, but is not limited to reliability, affordability, and accessibility.

(d) Supporting data and analysis used to develop the TE Plan, which may be derived from elements such as review of costs and benefits, rate design, energy use and consumption, overlap with other electric company programs, and customer and electric vehicle user engagement;

(e) A discussion of the electric company's potential impact on the competitive electric vehicle supply equipment market, including consideration of alternative infrastructure ownership and business models, and identification of a sustainable role for the electric company in the transportation electrification market;

(f) Analysis of the estimated ratepayer impact of the TE Plan over the next three calendar years; and

(g) The electric company's TE Budget. The TE Budget must include: (A) Annual budgets for the TE Plan for the three calendar years after the year the TE Plan is presented to Commission Staff and stakeholders. The annual budgets should include a discussion of the context of anticipated long-term expenditures for the next ten years, including but not limited to benefit-cost analysis "cost tests;"

(A) A forecast of all expenditures to support transportation electrification grouped by program and/or infrastructure measure, and further divided into:

(i) Capital expenditures; and

(ii) Expenses, separating administrative costs, O&M on investments, incentives paid to program participants, and any other unique category as relevant;

(B) A forecast of all funding sources to be utilized, including but not limited to, the Monthly Meter Charge, grants, Clean Fuels Program credits, base rates, and deferrals based on a reasonable estimate, including a discussion of how actual revenue might vary from the estimate;

(C) A forecast of all spending on underserved communities, grouped by program and/or infrastructure measure and further divided into:

(i) Expenditures of funds collected through the Monthly Meter Charge as required by Oregon Laws 2021, chapter 95 Section 2;

(ii) Spending from revenues other than the Monthly Meter Charge, including but not limited to grants, Clean Fuels Program credits, base rates, and deferrals;

(D) The Commission's acceptance of the electric company's TE Plan will constitute approval of the TE Budget, which includes the Monthly Meter Charge budget as required by Oregon Laws 2021, chapter 95 Section 2.

(4) An electric company shall file new program and infrastructure measure applications, if any, as appendices to its TE Plan. The applications shall cover all new programs and infrastructure measures planned by the electric company for the TE Plan cycle. Commission acceptance of the TE Plan shall constitute approval of each program and infrastructure measure application included in the TE Plan. The electric company shall file a tariff for each program and infrastructure measure application, if necessary, in compliance with the acceptance order. Applications for a program or infrastructure measure must include:

(a) A description of the program/infrastructure measure that includes, but is not limited to, a description of:

(A) Program/infrastructure measure elements, objectives, timelines, and expected outcomes;

(B) Market baseline assumptions;

(D) Where applicable, a description of program/infrastructure measure phases;

(E) Expected utilization, participation eligibility, and incentive structures;

(F) Identification of market barriers, implementation barriers, and program strategies to overcome the identified barriers;

(G) A discussion of how the application contributes to relevant performance areas described in Section (3)(c)(A)-(E) in this rule;

(H) A description of the electric company's role and, if applicable, a discussion of how the electric company proposes to own or support charging infrastructure, billing services, metering, or customer information;

(I) Whether implementation of the program/infrastructure measure is expected to necessitate distribution system upgrades;

(J) Where applicable, a discussion of ownership structure;

(K) Where applicable, a discussion addressing technical requirements that will be imposed on participating technology or customers, interoperability of invested equipment, and any national standards for measurement and communication; and

(L) Any other information requested by the Commission;

(b) Data used to support the descriptions provided in Section (4)(a)(A-H) of this rule;

(A) Stakeholder involvement in program/infrastructure measure development;

(B) Efforts to coordinate with related state programs;

(C) Coordination, if any, of delivery with other market actors and activities, and how the market and other market actors can leverage the underlying program/infrastructure measure or projects within the program/infrastructure measure;

(d) A description of how the proposed program/infrastructure measure fits within the electric company's long-term strategy to support TE;

(e) A description of program/infrastructure measure costs; that includes, but is not limited to:

(A) Estimated total program costs, including incentives, program delivery, evaluation, marketing, and administration costs; and

(B) Estimated participant costs;

(f) A description ofleaming objectives and how the electric company will evaluate the effectiveness of the program/infrastructure measure, including data collection methods;

(g) For infrastructure measures, a description of how the measure addresses the requirements of Oregon Laws 2021, chapter 95 Section 4(b);

(h) For programs, a-description of how the program addresses the considerations in Oregon Laws 2016, chapter 028, section 20(4)(a)-(f); and

(i) A description of technical requirements that will be imposed on participating technology or customers.

(5) The Commission may direct an electric company to incorporate the TE Plan into other electric company planning documents.

History

Statutory/Other Authority: ORS 756.040, ORS 756.060, ORS 757.357 & OL 2021, ch. 095, sect. 2 (HB 2165)
Statutes/Other Implemented: ORS 757.357 & OL 2021, ch. 095, sect. 2 (HB 2165)
PUC 7-2022, amend filed 09/29/2022, effective 09/29/2022
PUC 3-2019, adopt filed 04/18/2019, effective 04/18/2019

Or. Admin. R. 860-087-0030 Transportation Electrification Plan Report

An electric company must file an application with the Commission for each program to accelerate transportation electrification.

(1) Electric companies must file a TE Plan Report (Report) on or before May 1 of each year. The Commission reserves discretion to take any action on the Report, but Commission action is not required. The Report must include:

(a) All spending in the three-year period of the applicable TE Plan in the format of the approved TE Budget;

(b) All sources of funding for the TE Plan in the three-year period of the applicable TE Plan;

(c) An evaluation of each program or infrastructure measure in the company's portfolio of existing programs, conducted in accordance with third-party evaluation timelines as necessary;

(d) A discussion of how the TE Plan met the performance area categories described in OAR 860-087-0020(3)(c)(A)-(H) and key lessons learned. This discussion shall include, as appropriate, performance metrics consistent with performance areas that are developed with stakeholder and electric company input;

(e) A benefit-cost analysis of the TE Plan over the three-year period of the applicable TE Plan in the form of "cost tests;"

(f) Analysis of the estimated ratepayer impact of the TE Plan over the three-year period of the applicable TE Plan; and

(g) Analysis of how TE Plan has impacted innovation, competition and customer choice in Oregon.

(2) The Commission may request additional TE Plan updates at any time to assess whether to continue, discontinue, or modify approved programs and infrastructure measures.

History

Statutory/Other Authority: ORS 756.040, ORS 756.060, OL 2016, ch. 028, sect. 20 & 29 (SB 1547), ORS 757.357 & OL 2021, ch. 095, sect. 4 (HB 2165)
Statutes/Other Implemented: OL 2016, ch. 028, sect. 20 & 29 (SB 1547) & OL 2021, ch. 095, sect. 4 (HB 2165)
PUC 7-2022, amend filed 09/29/2022, effective 09/29/2022
PUC 6-2016, f. & cert. ef. 11-22-16

Division 88 COMMUNITY SOLAR PROGRAM RULES

Or. Admin. R. 860-088-0005 Scope and Applicability of Community Solar Program Rules

(1) OAR 860-088-0005 through 860-088-0190 establish rules governing implementation of a community solar program under Oregon Laws 2016, chapter 28, section 22.

(2) Upon request or its own motion, the Commission may waive any of the Division 088 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0010 Definitions

For purposes of this Division:

(1) “Community Solar Program” is the program for the procurement of electricity by electric companies from community solar projects.

(2) “Low-Income Facilitator” is the entity responsible for the duties set forth in OAR 860-088-0030.

(3) “Electric company” has the meaning given that term in ORS 757.600.

(4) “Low-income residential customer” means a retail residential customer of an electric company whose annual income is at or below the threshold set by Commission order for the Community Solar Program.

(5) “Nameplate capacity” means the maximum rated output of a solar photovoltaic energy system, measured by the rated output of system inverter(s) at 50 degrees Celsius and adjusted for any transformer step-up losses.

(6) “Owner” means a retail customer of an electric company who has an ownership interest in a project, such as direct ownership of one or more solar panels or shared ownership of the infrastructure of the project. Owner is defined at the site address level.

(7) “Participant” means either a subscriber or owner.

(8) “Program Administrator” means a third-party directed by the Commission to administer the Community Solar Program.

(9) “Program Implementation Manual” means the set of guidelines and requirements for implementing the Community Solar Program adopted by the Commission.

(10) “Project” means a community solar project as defined in Oregon Laws 2016, chapter 28, section 22(1)(a).

(11) “Project Manager” has the meaning given that term in Oregon Laws 2016, chapter 28, section 22(1)(d).

(12) “Retail customer” means a customer who is a direct customer of the electric company and is the end user of electricity for specific purposes, such as heating, lighting, or operating equipment.

(13) “Service territory” means the geographic area within which an electric company provides electricity to retail customers.

(14) “Solar photovoltaic energy system” has the meaning given that term in Oregon Laws 2016, chapter 28, section 22(1)(e).

(15) “Subscriber” means a retail customer of an electric company who enters into a contractual agreement of 10 or more years for part of a project that results in bill credits being applied to that customer’s electricity bill. Subscriber is defined at the site address level.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0020 Program Administrator

(1) The Commission will use a competitive bidding process to select a Program Administrator to administer the Community Solar Program.

(2) The duties of the Program Administrator include:

(a) Developing jointly with Commission Staff a Program Implementation Manual;

(b) Developing a budget and reporting actual expenditures and carryover to the Commission;

(c) Managing the performance of the Low-Income Facilitator and coordinating with the Low-Income Facilitator to meet any low-income capacity requirements;

(d) Registering Project Managers;

(e) Reviewing applications for project pre-certification and certification;

(f) Confirming participant eligibility in the Community Solar Program;

(g) Facilitating the exchange of customer electricity account information between electric companies and Project Managers;

(h) Establishing and maintaining a publicly-available queue of pre-certified projects in a manner that protects commercially sensitive or competitive information;

(i) Coordinating participants’ monthly bill crediting and conveying bill credit information to electric companies and Project Managers;

(j) Providing to electric companies participant ownership or subscription payment information obtained from Project Managers;

(k) Receiving from electric companies monies collected from participants, allocating monies, and maintaining monthly reports of receipts and allocations to submit to the Commission upon request;

(l) Monitoring Project Managers’ compliance with the standard of conduct set forth in the Program Implementation Manual and notifying the Commission of any compliance deficiency;

(m) Facilitating data exchange among electric companies, Project Managers, and the Commission;

(n) Managing data related to the Community Solar Program as set forth in the Program Implementation Manual, including implementing best practices for data security and privacy; and

(o) Performing other duties assigned by the Commission or set forth in the Program Implementation Manual.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0030 Low-Income Facilitator

(1) The Commission will use a competitive bidding process to select a Low-Income Facilitator. The Commission may allow the Program Administrator to fulfill the duties of this position or subcontract for this position.

(2) The Low-Income Facilitator reports to the Program Administrator. The duties of the Low-Income Facilitator include:

(a) Serving as a liaison among low-income residential customers and affiliated organizations and Project Managers to help meet any low-income capacity requirements;

(b) Developing guidelines, protocols, and materials for engaging low-income residential customers and affiliated organizations;

(c) Upon request, providing information to assist the Commission’s policy development related to low-income capacity requirements;

(d) Implementing best practices for data security and privacy; and

(e) Other duties assigned by the Program Administrator, the Commission, or set forth in the Program Implementation Manual.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0040 Project Pre-Certification

(1) The Project Manager must submit an application for project pre-certification to the Program Administrator.

(2) An application for pre-certification must include:

(a) Documentation of Project Manager registration;

(b) A detailed description of the project including location, nameplate capacity, performance characteristics, and plan for project end of useful life;

(d) All documentation relevant to the interconnection process as provided in OAR chapter 860, division 82;

(e) Participant acquisition approach;

(f) Proposed marketing materials;

(g) Proposed forms and standard contracts for ownership interests and subscriptions;

(h) Plan for meeting applicable low-income capacity requirements;

(i) Payment of any applicable application fees; and

(j) Other information or documentation as set forth in the Program Implementation Manual.

(3) The Program Administrator reviews applications for pre-certification in the order received to determine compliance with applicable requirements. The Program Administrator must notify the Project Manager of any deficiencies and allow reasonable time for remedy.

(4) Once a project is pre-certified, the Project Manager may execute contracts with participants for ownership or subscription interests.

(5) A project remains pre-certified for a period of 18 months, unless granted an extension. If not certified within this period, the project forfeits its place in the queue of pre-certified projects. The Project Manager must submit a new application for pre-certification to be considered for participation in the Community Solar Program.

(6) The Project Manager must seek approval of any modification to a pre certified project relating to project elements set forth in the Program Implementation Manual. An amendment will not extend the 18-month period. The Program Implementation Manual will prescribe the form and manner of amendment submission and approval.

History

Statutory/Other Authority: OL 2016, ch. 28, sec. 22
Statutes/Other Implemented: OL 2016, ch. 28, sec. 22
PUC 6-2024, amend filed 10/30/2024, effective 10/30/2024
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0050 Project Certification

(1) The Project Manager of a pre-certified project must submit an application for project certification to the Program Administrator.

(2) The Commission will certify a project that demonstrates:

(a) Ownership of, or subscription to, at least 50 percent of the project nameplate capacity;

(b) Ownership or subscription by at least five different participants;

(d) Commission approval of modification to pre-certified project as required in OAR 860 088-0040(6), if applicable; and

(e) Satisfaction of any other condition identified by the Commission at the time of pre certification.

(3) The Program Administrator reviews applications for certification in the order received for compliance with applicable requirements and presents applications to the Commission for certification. The Program Administrator must notify the Project Manager of any deficiencies and allow reasonable time for remedy.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0060 Program Capacity Restrictions

(1) “Program capacity tier” means the amount of total program capacity eligible for projects participating in an electric company’s service territory.

(2) The initial program capacity tier for each electric company is equal to 2.5 percent of the electric company’s 2016 system peak.

(3) The Commission may establish successive program capacity tiers.

(a) In determining whether to set a successive tier, the Commission may consider all aspects of the Community Solar Program.

(b) A successive program capacity tier may not be established until any low-income capacity requirements are successfully energized and the corresponding projects are serving qualifying participants.

(4) Once a project is pre-certified, the nameplate capacity of the project is counted towards the program capacity tier of the electric company in whose service territory the project is located. The nameplate capacity of the project will be removed from the electric company’s program capacity tier in the event that the Project Manager notifies the Program Administrator that the project will be removed from the Community Solar Program or the project is otherwise not certified within the time period allowed in OAR 860-088-0040(5).

(5) A project may not be pre-certified if the addition of the project will exceed the electric company’s current program capacity tier. The Program Administrator will create a queue of applications for pre-certification received after the program capacity tier has been met. If a successive program capacity tier is established, applications in the queue will be processed in the order received.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0070 Project Siting and Requirements

(1) To participate in the Community Solar Program, a project must:

(a) Be located within the Oregon service territory of an electric company; and

(b) Have a nameplate capacity of three megawatts or less.

(2) “Co-location” means two or more projects that exhibit characteristics of a single development, such as common ownership structure, an umbrella sale arrangement, revenue-sharing arrangements, or common debt or equity financing. Projects are not considered co located solely because the same person provides tax equity financing for the projects. Co location of projects is not permitted within a five-mile radius unless:

(a) The aggregate nameplate capacity of the co-located projects is three megawatts or less; or

(b) The co-located projects are all sited within a single municipality or urban area as defined in the Program Implementation Manual.

(3) Multiple solar photovoltaic energy systems that are aggregated into one project must all be located within a single electric company’s service territory.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0080 Customer and Low-Income Capacity Requirements

(1) At least 50 percent of the nameplate capacity of each project must be allocated exclusively for ownership or subscription by residential and small commercial customers. This is inclusive of the low-income capacity requirement in section (2) of this rule.

(2) At least 10 percent of the total generating capacity of the Community Solar Program must be allocated exclusively for use by low-income residential customers. The respective bill credits associated with this allocation must be linked to discrete low-income residential customers.

(3) A Project Manager must submit a plan with the application for project pre-certification describing how the project will satisfy applicable low-income capacity requirements and outline how the Project Manager will work with the Low-Income Facilitator on outreach efforts.

(4) The Commission may establish by order a funding mechanism to facilitate participation of low-income residential customers.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0090 Participant Eligibility and Limitations

(1) Subject to the conditions in this rule, a retail electricity customer of an electric company may acquire an ownership interest in, or subscribe to, one or more projects that are located in the service territory of the electric company serving the retail electricity customer.

(2) A participant’s ownership interest in, or subscription to, a project may not exceed the retail electricity customer’s average annual consumption of electricity in the service territory in which the project is located.

(3) A single participant’s ownership interest in, or subscription to, a project may not exceed a 40 percent interest in the project.

(4) With respect to projects certified during the initial program capacity tiers:

(a) A participant, and its affiliates as defined in the Program Implementation Manual, may own or subscribe up to a total of four megawatts across multiple projects; and

(b) A participant may own or subscribe up to a total of two megawatts across multiple projects.

(5) For any successive program capacity tier established by the Commission, participation limitations will be set forth in the order adopting the successive tier.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0100 Consumer Protection Provisions

(1) All contracts between Project Managers and participants must contain provisions to protect customers, including terms and conditions regarding:

(a) Contract portability and transferability;

(b) Transparency of costs, risks, and benefits;

(d) Explanation of one-time and on-going fees;

(e) Early termination;

(f) Explanation of concept of renewable energy credits;

(g) Data privacy and security;

(h) Responsibilities of the Program Administrator, electric company, and Commission;

(i) Notifications regarding project status and performance; and

(j) Other requirements set forth in the Program Implementation Manual.

(2) Prior to executing a contract with a participant, the Project Manager must provide the participant a Commission-approved checklist that discloses the charges, terms and conditions of service, the process for dispute resolution, and other items set forth in the Program Implementation Manual.

(3) Marketing materials must contain a Commission-approved disclaimer explaining that participation in the Community Solar Program is for the purpose of offsetting participants’ energy usage with electricity generated by certified projects.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0110 Dispute Resolution

(1) Any participant complaints related to the Community Solar Program received by an electric company, the Low-Income Facilitator, the Program Administrator, or the Commission are to be referred initially to the applicable Project Manager for resolution.

(a) The Project Manager must investigate each complaint and provide a written response to the complainant.

(b) If the Project Manager is unable to resolve the complaint, the complainant may request that the complaint be escalated to the Program Administrator. If the Program Administrator is unable to resolve the complaint, the Program Administrator must notify the complainant of the right to contact the Commission’s Consumer Services Section to request assistance in resolving the dispute or to obtain information about filing a formal complaint under ORS 756.500.

(c) The Project Manager must compile and submit to the Program Administrator an annual report of complaints received over the past 12-month period. This report must include a description of each complaint, the parties to the complaint, and the resolution of the complaint.

(2) Project Managers seeking to resolve disputes related to the Community Solar Program may use the contested case process, OAR 860-001-0000, et seq., to resolve disputes between:

(a) Multiple project managers;

(b) A Project Manager and an electric company; or

History

Statutory/Other Authority: ORS 757.386
Statutes/Other Implemented: ORS 757.386
PUC 2-2023, minor correction filed 05/10/2023, effective 05/10/2023
PUC 3-2022, amend filed 03/09/2022, effective 03/09/2022
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0120 Obligations of Electric Companies

(1) Upon request from the Program Administrator, an electric company must provide customer electricity account information to the Program Administrator for the purpose of appropriately sizing an ownership interest or subscription in a project. Customer information may not be disclosed to the Program Administrator without consent from the customer.

(2) An electric company must credit participants of a certified project with bill credits as provided in OAR 860-088-0170. The application of the credit may appear on the participants’ account in a subsequent billing period due to the time required to calculate the credit and transfer information between entities. The electric company will apply the credit to the participant’s account within 30 days of receiving the bill credit information from the Program Administrator.

(3) Each electric company, in conjunction with the Program Administrator, must develop and obtain Commission approval of an on-bill payment model that allows for multiple ownership and subscription configurations to assess and remit on a participant’s electricity bill:

(a) Ownership or subscription fees owed by the participant to the Project Manager. An electric company may only remit fees to a Project Manager once a project has been certified;

(b) Fees owed by the participant to fund the Program Administrator and Low-Income Facilitator; and

(4) An electric company must obtain Commission approval of any applicable tariffs required by these rules, including the rate recovery of any expenditure for project development and administration if the electric company is acting as Project Manager.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0130 Obligations of Project Managers

(1) The Project Manager must register with the Program Administrator.

(2) The Project Manager must comply with the standard of conduct established by Commission order. Upon notice of a potential compliance deficiency, the Project Manager will be afforded the opportunity to meet with Commission Staff and the Program Administrator to work toward a resolution. If the compliance deficiency is not resolved, the Commission may direct the Program Administrator to withhold payments to the Project Manager and take other action as permitted by rule, statute, or contract.

(3) The Project Manager must provide any information the Program Administrator or Staff reasonably determines is necessary to investigate issues and make decisions regarding Project Manager participation and status in the program---e.g., to ascertain compliance with the requirements for pre-certification and certification in OAR 860-088-0040 and 860-088-0050 and the standard of conduct set forth in the Program Implementation Manual. Such request for information shall not be unduly burdensome.

(4) For the collection of ownership or subscription fees owed to the Project Manager, the Project Manager must use the Commission-approved on-bill payment method described in OAR 860-088-0120(3).

(a) The Project Manager may use a modified on-bill payment method if agreed to by the Program Administrator and the electric company.

(b) The Project Manager may request approval of an alternative fee collection method for ownership or subscription configurations incompatible with the available on-bill payment methods.

History

Statutory/Other Authority: ORS 757.386
Statutes/Other Implemented: ORS 757.386
PUC 3-2023, minor correction filed 05/10/2023, effective 05/10/2023
PUC 3-2022, amend filed 03/09/2022, effective 03/09/2022
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0140 Sale and Purchase of Unsold and Unsubscribed Generation

(1) Upon project certification, the project’s remaining unsold and unsubscribed generation is eligible for sale subject to the following requirements:

(a) Upon request, an electric company must enter into a 20-year power purchase agreement with a pre-certified project to purchase the project’s unsold and unsubscribed generation on an “as available” basis subject to the requirements of the Public Utility Regulatory Policy Act (PURPA) and ORS 758.505, et. seq.;

(b) If the electric company is the Project Manager, the electric company may seek Commission approval to recover from all ratepayers the “as available” rate for the project’s unsold and unsubscribed generation; and

(c) Renewable energy certificates associated with generation sold under section (1)(a) of this rule at the “as available” rate will not transfer to the electric company unless otherwise agreed by the Project Manager and electric company.

(2) The value of any project generation that is not sold to or subscribed by participants, sold to an electric company under a power purchase agreement, or sold on another basis must be donated to the electric company whose service territory encompasses the project at the “as available” rate and used by the electric company to assist low-income residential customers’ participation in the Community Solar Program.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0150 Renewable Portfolio Standards and Renewable Energy Certificates

(1) Megawatt hours of electricity associated with participant ownership interests or subscriptions will be deducted from the amount of electricity sold by the electric company to retail electricity consumers for purposes of calculating the electric company’s renewable portfolio standard under ORS 469A.052.

(2) All claims to environmental, economic, and social benefits associated with megawatt hours of electricity associated with participant ownership interests or subscriptions, including any renewable energy certificates, must remain with the participants.

(3) Registration with the Western Renewable Energy Generation Information System (WREGIS) is required. For any project that is 360 kilowatts in aggregate size or less, the Project Manager may request with its application for project pre-certification a waiver from the requirement to register with WREGIS.

(4) If a project is registered with WREGIS, the Project Manager must:

(a) Maintain sub-accounts associated with the renewable energy certificates owned by participants and retire those renewable energy certificates annually on behalf of participants;

(b) Report annually to the Commission the retirement of renewable energy certificates on behalf of participants; and

(c) Report annually to the Commission the sale of any renewable energy certificates generated by the project sold as of a result of a contract for the unsold or unsubscribed portion of project generation. The report must include adequate information for the Commission to verify that any renewable energy certificates owned by participants were not sold.

(5) If a project is granted a waiver from the requirement to register with WREGIS, the Project Manger must:

(a) Disclose in the contracting documents with participants that the project will not create and retire renewable energy certificates on their behalf; and

(b) Provide an attestation at the time of project pre-certification that all renewable energy attributes associated with megawatt hours of electricity associated with participant ownership interests or subscriptions are being claimed solely by project participants.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0160 Community Solar Program Funding

(1) Start-up costs incurred during the development or modification of the Community Solar Program are recoverable in electric company rates. These costs, which must be reviewed and approved by Commission order, include:

(a) Costs associated with the Program Administrator and Low-Income Facilitator; and

(b) Each electric company’s prudently-incurred start-up costs associated with implementing the Community Solar Program. These costs include, but are not limited to, costs associated with customer account information transfer and on-bill crediting and payment, but exclude any costs associated with the electric company developing a project.

(2) On-going costs of the Community Solar Program, including costs associated with the Program Administrator and the Low-Income Facilitator, are collected from participants.

(a) Each project is responsible for its appropriate share of on-going costs, as allocated in the Program Implementation Manual or otherwise determined by Commission order.

(b) If the Program Administrator or Low-Income Facilitator receives funds in excess of actual costs, the excess funds may be accrued and applied to offset future costs.

(c) If the Program Administrator or Low-Income Facilitator receives inadequate funds to continue performing its duties, the Commission may suspend further pre-certification of projects until the funding shortfall is resolved.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0170 Bill Crediting

(1) For purposes of this rule:

(a) “Bill credit rate” is an amount used to calculate a participant’s monthly bill credit. Unless otherwise determined by Commission order, the bill credit rate for a project will be based on the resource value of solar applicable to that project at the time of pre-certification and will apply for a term no less than the term of any power purchase agreement entered into pursuant to OAR 860-088-0140(1)(a).

(b) “Carry-over generation” means the kilowatt-hours of a participant’s proportional share of project generation in a monthly billing period that exceeds the participant’s energy usage during that monthly billing period.

(c) “Differential credit” means the difference between the retail rate multiplied by the participant’s eligible generation, and the bill credit rate multiplied by the payable generation. (Retail rate x participant’s eligible generation) – (bill credit rate x participant’s eligible generation).

(d) “Eligible generation” means the kilowatt-hours of project generation for which a participant may receive a monthly bill credit. In a monthly billing period, this eligible generation is the portion of the participant’s proportional share of project generation that is equal to or less than the participant’s energy usage during the period in which the generation occurred.

(e) “Energy usage” means a participant’s volumetric energy consumption as reflected on the participant’s electricity bill.

(f) “Excess generation” means the portion of a participant’s proportional share of project generation that exceeds the participant’s energy usage in a monthly billing period.

(2) A participant’s monthly bill credit is calculated by:

(a) Multiplying the participant’s eligible generation for the monthly billing period by the bill credit rate; and

(b) Adjusting this amount to account for:

(A) Eligible carry-over generation, which is the portion of the participant’s accrued carry-over generation that when added to participant’s eligible generation does not exceed the participant’s energy usage for the monthly billing period; and

(B) Accrued differential credit, which is value that accrues to the participant when the bill credit rate exceeds the volumetric retail rate.

(3) The monthly bill credit provided to a participant may not exceed the participant’s total volumetric charges for the monthly billing period. The portion of a participant’s differential credit that exceeds the participant’s total monthly volumetric charges may be accrued and used to adjust the participant’s monthly bill credit in future billing periods.

(4) A participant’s excess generation at the end of the annual billing cycle must be donated to the low-income programs of the electric company serving the participant. Unless the electric company and the Project Manager agree otherwise, the annual billing cycle begins on the first day of the April billing month and ends at the close of the March billing month. If the electric company and the Project Manager agree to an alternative billing cycle, the electric company must inform the Program Administrator in writing of the alternative billing cycle within 30 calendar days of the participant’s execution of a contract with the Project Manager.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0180 Community Solar Program Evaluation

(1) Commission Staff will periodically conduct a public workshop with the Program Administrator and Low-Income Facilitator to solicit comment from interested persons on the status of the Community Solar Program.

(2) Commission Staff will periodically present a report to the Commission based on input from these public workshops and other relevant information, that:

(a) Describes the status of implementation of the Community Solar Program;

(b) Evaluates use of additional mechanisms to incent participation and project development; and

(A) Program capacity restrictions,

(B) Project siting and size requirements,

(D) Participation restrictions,

(E) Data reporting and management practices,

(F) Consumer protection provisions, and

(G) The responsibilities of the Program Administrator and Low-Income Facilitator.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0190 Program Implementation Manual

(1) A Program Implementation Manual will be developed jointly by the Program Administrator and Commission Staff through a public process and adopted by Commission order.

(2) The Program Implementation Manual will describe and inform the roles of the Program Administrator, the Low-Income Facilitator, and Commission Staff in implementing the Community Solar Program.

(3) The Commission may, upon request or on its own motion and after notice and opportunity for public comment, amend the Program Implementation Manual upon a finding of good cause.

History

Statutory/Other Authority: OL 2016, ch. 28 & sec. 22
Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22
PUC 6-2017, f & cert. ef. 6-30-17

Or. Admin. R. 860-088-0200 Revocation of Pre-Certification or Certification

Upon review of a written complaint, upon recommendation by the Program Administrator, or on its own motion, the Commission may, after reasonable notice and opportunity for hearing, consistent with ORS 183.310(2)(a) and ORS 183.415, revoke the pre-certification or certification of a Project and/or registration of a Project Manager for reasons including the following:

(1) Material misrepresentations in its application for pre-certification or certification, project amendments, or in any report of material changes in the facts upon which the pre-certification or certification was based;

(2) Material misrepresentations in solicitations, agreements, or in the administration of participant contracts;

(3) Dishonesty, fraud, or deceit that benefits the Project Manager or disadvantages customers;

(4) Failure to take required corrective action under the disciplinary probation process as outlined in the Program Implementation Manual.

History

Statutory/Other Authority: ORS 757.386
Statutes/Other Implemented: ORS 757.386
PUC 4-2023, minor correction filed 05/10/2023, effective 05/10/2023
PUC 3-2022, adopt filed 03/09/2022, effective 03/09/2022

Division 89 RESOURCE PROCUREMENT FOR ELECTRIC COMPANIES

Or. Admin. R. 860-089-0010 Applicability and Purpose of Division 089

(1) The rules contained in this Division apply to electric companies, and are intended to provide an opportunity to minimize long-term energy costs and risks, complement the integrated resource planning (IRP) process, and establish a fair, objective, and transparent competitive bidding process, without unduly restricting electric companies from acquiring new resources and negotiating mutually beneficial terms.

(2) Upon request or its own motion, the Commission may waive any of the Division 089 rules for good cause shown. A request for waiver must be made in writing to the Commission prior to or concurrent with the initiation of a resource acquisition.

(a) In addition to the filing requirements in OAR Chapter 860, Division 001, an electric company filing a request for waiver under this section must serve the request on all parties to the electric company’s most recent general rate case, request for proposal (RPF) filing, and IRP docket.

(b) If a request for waiver is filed by an electric company after it acquires a resource, granting, if any, of the waiver request does not result in or equate to the Commission’s acknowledgment of the resource acquisition.

History

Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch. 28
Statutes/Other Implemented: ORS 756.040, 758.060, 2016 OL Ch. 28, Sect. 6
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0020 Definitions

For purposes of this Division, unless the context requires otherwise:

(1) “Benchmark resource” is a resource identified in an electric company’s response to its own request for proposals.

(2) “Commission-acknowledged IRP” means an IRP for which the Commission has acknowledged the electric company’s action item to procure the resource subject to the rules in this division.

(3) "Electric company" has the meaning given that term in ORS 757.600.

(4) “Independent evaluator” or “IE” refers to a person engaged by an electric company to oversee an RFP process under the rules in this division, and who also reports directly to the Commission during that process.

(5) “Integrated resource plan” or “IRP” has the meaning given that term in OAR 860-090-0020.

(6) “IRP Update” means an update to an IRP that is filed in accordance with OAR 860-090-0110.

(7) “Qualifying facility” refers to qualifying facilities under 16 USC § 796(17) and (18) (2012) and ORS 758.505(8).

(8) “Request for proposals” or “RFP” means all documents, whether attached or incorporated by reference, used for soliciting proposals from prospective bidders.

(9) “Resource acquisition” refers to a process for the purpose of acquiring energy, capacity, or storage resources that starts with an electric company’s:

(a) Circulation of a final or draft RFP to third parties; or

(b) Communication of a final offer or receipt of a final offer in a two-party negotiation.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.075
Statutes/Other Implemented: ORS 469A.075 & ORS 756.040
PUC 2-2026, amend filed 03/23/2026, effective 03/23/2026
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0100 Applicability of Competitive Bidding Requirements

(1) An electric company must comply with the rules in this division when it seeks to acquire generating or storage resources or to contract for energy or capcity if any of the following apply:

(a) The acquisition is of a resource or a contract for more than an aggregate of 80 megawatts and five years in length;

(b) The acquisition is of a resource or contract in which the electric company does not specify the size or duration of the resource or contract sought but may result in an acquisition described in subsection (1)(a) or (1)(c) of this rule;

(c) The acquisition is of multiple resources more than five years in length that in aggregate provide the electric company with more than an aggregate of 80 megawatts, and these resources:

(A) Are located on the same parcel of land, even if such parcel contains intervening railroad or public rights of way, or on two or more such parcels of land that are adjacent; and

(B) The generation equipment of any one of these resources is within five miles of the generation equipment of any other of these resources and construction of these resources is performed under the same contract or within two years of each other; or

(d) As directed by the Commission.

(2) An electric company may request that the Commission find that resources presumed to be subject to subsection (1)(c) of this rule should not be considered in the aggregate. The electric company may make this request before acquiring the resources. The electric company bears the burden of rebutting the presumption that the acquisition is subject to these rules by showing each resource is separate and distinct.

(3) An electric company is not required to comply with the competitive bidding requirements to acquire a resource otherwise subject to section (1) of this rule when:

(a) There is an emergency; meaning a human-caused or natural catastrophe resulting from an unusual and unexpected event, including but not limited to earthquake, flood, war, or a catastrophic energy plant failure, that requires an electric company to take immediate action;

(b) There is a time-limited opportunity to acquire a resource of unique value to the electric company’s customers;

(c) An alternative acquisition method was proposed by the electric company in the IRP and explicitly acknowledged by the Commission; or

(d) Seeking to exclusively acquire transmission assets or rights.

(4) Within 30 days of seeking to acquire a resource under section (3) of this rule, the electric company must file a report with the Commission explaining the relevant circumstances. The report must be served on all the parties to the electric company's most recent rate case, RFP, and IRP dockets.

History

Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch. 28
Statutes/Other Implemented: ORS 756.040, 758.060, 2016 OL Ch. 28, Sect. 6
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0200 Engaging an Independent Evaluator

(1) Prior to issuing an RFP, an electric company must engage the services of an IE to oversee the competitive bidding process. The IE must be independent of the utility and bidders, and also be experienced and competent to perform all IE functions identified in these Division 089 rules.

(2) When an electric company's engagement of a specific IE has not been previously authorized under section (5) below, the electric company must notify all parties to the electric company’s most recent general rate case, RFP, and IRP dockets of its need for an IE, and solicit input from these parties and interested persons regarding potential IE candidates. The electric company must then file a request for Commission approval to engage an IE, along with a proposed scope of work. The Commission Staff will review the request and recommend an IE to the Commission based in part on the consideration of:

(a) Input received from the electric company and from interested parties that are not potential bidders;

(b) Review of the degree to which the IE is independent of the electric company and potential bidders;

(d) The experience and competence of the IE; and

(e) The public interest.

(3) The electric company is responsible for engaging the services of the IE and is responsible for all fees and expenses associated with engaging the IE’s services. The electric company may request recovery of fees and expenses associated with engaging an IE in customer rates.

(4) Commission Staff may recommend changes to the proposed scope of work submitted under section (2) of this rule. The electric company’s contract with the IE must require that the IE fulfills its duties under these rules, include any changes to the scope of work as directed by the Commission, and require that the IE report directly to the Commission as well as to the electric company during the RFP process and confers as necessary with the Commission and Commission Staff on the IE’s duties.

(5) When the IE has completed its services regarding the RFP, the Commission may request feedback from interested parties regarding the IE’s performance. The Commission may authorize an electric company to engage the same IE for the electric company’s next resource acquisition that is subject to the rules in this Division, and identify the minimum scope of work for which the electric company must engage the same IE.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.075
Statutes/Other Implemented: ORS 469A.075 & ORS 756.040
PUC 2-2026, amend filed 03/23/2026, effective 03/23/2026
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0250 Design of Requests for Proposals

(1) For each resource acquisition, the electric company must prepare a draft request for proposals for review and approval by the Commission and provide copies of the draft to all parties to the IE selection docket. Prior to filing the draft RFP with the Commission, the electric company must consult with the IE in preparing the RFP and must conduct bidder and stakeholder workshops.

(2) The draft RFP must reflect any RFP elements, scoring methodology, and associated modeling described in the most recently filed IRP or IRP Update when applicable. In preparing its proposal, the electric company must consider resource diversity (e.g . with respect to technology, fuel type, resource size, and resource duration).

(3) At a minimum, the draft RFP must include:

(a) Any minimum bidder requirements for credit and capability;

(b) Standard form contracts to be used in acquisition of resources;

(d) Language to allow bidders to negotiate mutually agreeable final contract terms that are different from the standard form contracts;

(e) Description of how the electric company will share information about bid scores, including what information about the bid scores and bid ranking may be provided to bidders and when and how it will be provided;

(f) Bid evaluation and scoring criteria for selection of the initial shortlist of bidders and for selection of the final shortlist of bidders consistent with the requirements of OAR 860-089-0400;

(g) A scoring methodology that can be applied to produce a price score for all proxy resources that were eligible for selection in the most recently filed IRP for the purposes of demonstrating the price scoring methodology;

(h) An explanation of the alignment of the electric company’s resource need addressed by the RFP with an identified need in the most recently filed IRP, IRP Update or, based on a showing of good cause, a subsequently identified need based on a change in circumstances;

(i) Identification of and an explanation for any changes in the draft RFP as compared to any prior RFP issued by the electric company for similar types of resources within the past three years; and

(j) An explanation of the impact of any applicable multi-state regulation on RFP development, including the requirements imposed by other states for the RFP process.

(4) An electric company may set a minimum resource size in the draft RFP, but it must allow qualifying facilities that exceed the eligibility cap for standard avoided cost pricing to participate as bidders.

(5) The Commission may approve the RFP with any conditions it deems necessary, upon a finding that the electric company has complied with the provisions of these rules and that the draft RFP will result in a fair and competitive bidding process.

(6) The Commission will generally issue a decision approving or disapproving the draft RFP within 80 days after the draft RFP is filed. An electric company may request an alternative review period when it files the draft RFP for approval including a request for expedited review upon a showing of good cause. Any person may request an extension of the review period of up to 30 days upon a showing of good cause.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.075
Statutes/Other Implemented: ORS 469A.075 & ORS 756.040
PUC 2-2026, amend filed 03/23/2026, effective 03/23/2026
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0300 Resource Ownership

(1) An electric company may submit or allow its affiliates to submit bids in response to the electric company’s request for proposals.

(a) Electric company and affiliate bids must be treated in the same manner as other bids.

(b) Any individual who participates or has participated in the development of an RFP or the evaluation or scoring of bids on behalf of the electric company within the past three years may not participate in the preparation of an electric company or affiliate bid and must be screened from that process.

(A) With the filing of a draft RFP for approval under OAR 860-089-0250, the electric company must disclose the current and past roles within the past five years of all company employees engaged with development or submission of a benchmark or affiliate bid and whether or not each employee had or has access to information relevant to developing an electric company or affiliate bid that is not available to potential bidders either generally or under the terms of a protective order or information that was only available to the employee because the employee is a signatory to a protective order and that protective order remains in effect. This rule does not require disclosure of access to information about the content of a benchmark or affiliate bid for the current RFP.

(B) If the Commission approves the draft RFP, the electric company must file an update of the disclosure required under paragraph (A) within seven calendar days and file an additional update every three months thereafter until the completion of the RFP. “Completion of the RFP” for purposes of this requirement means either the RFP has been withdrawn or negotiations are complete.

(2) An electric company may propose a benchmark bid in response to its RFP to provide a potential cost-based alternative for customers.

(3) The electric company may make one or more elements of the benchmark resource owned or secured by the electric company ( e.g., site, transmission rights, or fuel arrangements) available for use in third-party bids, and, if it does, it must include details relevant to the RFP about such elements in the draft RFP and any RFP it issues following approval by the Commission. Details about benchmark resource elements secured by the electric company that become available to third-party bidders after issuance of the RFP must be provided to potential bidders reasonably in advance of the due date to submit third-party bids. If benchmark resource elements secured by the electric company are not made available to all bidders, it must provide analysis demonstrating how that decision is in the best interest of customers when seeking approval of a draft RFP under OAR 860-089-0250. The electric company must include that same analysis when requesting acknowledgement of a final shortlist and when seeking recovery of the costs of the resource in rates, along with any relevant updates.

(4) The electric company must evaluate whether it is in the best interest of customers to make the use of transmission rights held by the electric company available to third-party bidders in an RFP. If it does make such rights available, it must include details relevant to the RFP in the Draft RFP and any RFP it issues following approval by the Commission. Details about transmission rights secured by the electric company that become available to third-party bidders after issuance of the RFP must be provided to potential bidders reasonably in advance of the due date to submit third-party bids. If the electric company does not make transmission rights available to third-party bidders, it must provide analysis demonstrating how that decision is in the best interest of customers when seeking approval of a draft RFP under OAR 860-089-0250. The electric company must include that same analysis when requesting acknowledgement of a final shortlist and when seeking recovery of the costs of the resource in rates, along with any relevant updates.

(5) If electric company benchmark resource elements or transmission rights are offered and made available for use in third-party bids, then the RFP may provide for appropriate compensation of electric company resources by third-party bidders.

(6) An electric company may consider ownership transfers within an RFP solicitation.

(7) The electric company issuing the RFP must allow independent power producers to submit bids with and without an option to renew and may not require that bids include an option for transferring ownership of the resource.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.075
Statutes/Other Implemented: ORS 469A.075 & ORS 756.040
PUC 2-2026, amend filed 03/23/2026, effective 03/23/2026
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0350 Benchmark Resource Score

(1) Prior to viewing third-party bids on an approved RFP, the electric company must file with the Commission and submit to the IE, for review and comment, a detailed score for any benchmark resource with supporting cost information, any transmission arrangements, and all other information necessary to score the benchmark resource. The electric company must apply the same assumptions and bid scoring and evaluation criteria to the benchmark bid that are used to score other bids.

(2) If, during the course of the RFP process, the Commission or the IE determines that it is appropriate to update any bids, the electric company must also make the equivalent update to the score of the benchmark resource.

(3) Before the IE provides the electric company an opportunity to score other bids, the electric company must file with the Commission and submit via a method that protects confidentiality of the following information:

(a) The final benchmark resource score developed in consultation with the IE, and

(b) Cost information and other related information shared under this rule.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.075
Statutes/Other Implemented: ORS 469A.075 & ORS 756.040
PUC 2-2026, amend filed 03/23/2026, effective 03/23/2026
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0400 Bid Scoring and Evaluation by Electric Company

(1) To help ensure that the electric company engages in a transparent bid-scoring process using objective scoring criteria and metrics, the electric company must provide all proposed and final scoring criteria and metrics in the draft and final RFPs filed with the Commission.

(2) The electric company must base the scoring of bids and selection of an initial shortlist on price and, as appropriate, non-price factors. Non-price factors must be converted to price factors where practicable. Unless otherwise directed by the Commission, the electric company must use the following approach to develop price and non-price scores:

(a) Price scores must be based on the prices submitted by bidders and calculated using units that are appropriate for the product sought and technologies anticipated to be employed in responsive bids using real-levelized or annuity methods. The IE may authorize adjustments to price scores on review of information submitted by bidders.

(b) Non-price scores must, when practicable, primarily relate to resource characteristics identified in the electric company’s most recent IRP Action Plan or IRP Update and may be based on conformance to standard form contracts. Non-price scoring criteria must be objective and reasonably subject to self-scoring analysis by bidders.

(c) Non-price score criteria that seek to identify minimum thresholds for a successful bid and that may readily be converted into minimum bidder requirements must be converted into minimum bidder requirements.

(d) Scoring criteria may not be based on renewal or ownership options, except insofar as these options affect costs, revenues, benefits or prices. Any criteria based on renewal or ownership options must be explained in sufficient detail in the draft RFP to allow for public comment and Commission review of the justification for the proposed criteria.

(3) The electric company may select an initial shortlist of bids after it has scored the bids and identified the bids with top scores. Following selection of an initial shortlist of bids, the electric company may select a final shortlist of bids.

(4) Unless an alternative method is approved by the Commission under OAR 860-089-0250(2)(a), selection of the final shortlist of bids must be based on bid scores and the results of modeling the effect of candidate resources on overall system costs and risks using modeling methods that are consistent with those used in the Commission-acknowledged IRP.

(a) The electric company must use a qualified and independent third-party expert to review site-specific critical performance factors for wind and solar resources on the initial shortlist before modeling the effects of such resources.

(b) In addition, the electric company must conduct, and consider the results in selecting a final short list, a sensitivity analysis of its bid rankings that demonstrates the degree to which the rankings are sensitive to:

(A) Changes in non-price scores; and

(B) Changes in assumptions used to compare bids or portfolios of bids, such as assumptions used to extend shorter bids for comparison with longer bids, or assumptions used to compare smaller bids or portfolios with larger ones.

(5) The electric company must provide the IE and Commission with full access to its production cost and risk models and sensitivity analyses. When the IE and Commission concur that appropriate protections for protected information are in place, the electric company must provide access to such information to non-bidding interested parties that request the information in the final short list acknowledgment proceeding.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.075
Statutes/Other Implemented: ORS 469A.075 & ORS 756.040
PUC 2-2026, amend filed 03/23/2026, effective 03/23/2026
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0450 Independent Evaluator Duties

(1) The IE will oversee the competitive bidding process to ensure that it is conducted fairly, transparently, and properly.

(2) The IE must be available and responsive to the Commission throughout the process and must provide the Commission with the IE’s notes of all conversations and the full text of written communications between the IE and the electric company and any third-party that are related to the IE’s execution of its duties.

(3) The IE must consult with the electric company on preparation of the draft RFP and submit its assessment of the final draft RFP to the Commission when the company files the final draft for approval.

(4) The IE must check whether the electric company’s scoring of the bids and selection of the initial and final shortlists are reasonable.

(5) To determine if the electric company’s selections for the initial and final shortlists are reasonable, when the RFP allows bidding by the issuing electric company or an affiliate of the company, or includes resource ownership options for the electric company, the IE must independently score the affiliate bids and bids with ownership characteristics or options, if any, and all or a sample of the remaining bids. When the IE does not score all bids, and a request for acknowledgment of a final shortlist is pending before the Commission, as provided in OAR 860‑089-0500; a participant in the acknowledgment proceeding may request that the Commission direct the IE to score all remaining bids or a broader sample.

(6) The IE must also evaluate the unique risks and advantages associated with any company-owned resources (including but not limited to the electric company’s benchmark), and may apply the same evaluation to third-party bids, including an evaluation of the following issues:

(a) Construction cost over-runs (considering contractual guarantees, cost and prudence of guarantees, remaining exposure to ratepayers for cost over-runs, and potential benefits of cost under-runs);

(b) Reasonableness of forced outage rates;

(c) Reasonableness of any proposal or absence of a proposal to offer electric company owned or benchmark resource elements (e.g., site, transmission rights or fuel arrangements) to third-party bidders as part of the draft and final RFP;

(d) End effect values;

(e) Environmental emissions costs;

(f) Reasonableness of operation and maintenance costs;

(g) Adequacy of capital additions costs;

(h) Reasonableness of performance assumptions for output, heat rate, and power curve; and

(i) Specificity of construction schedules or risk of construction delays.

(7) The IE must review the reasonableness of any score submitted by the electric company for a benchmark resource. Once the electric company and the IE have both scored and evaluated the competing bids and any benchmark resource, the IE and the electric company must file their scores with the Commission. The IE and electric company must compare results and attempt to reconcile and resolve any scoring differences. If the electric company and IE are unable to resolve scoring differences, the IE must explain the differences in its closing report to the Commission.

(8) The IE must review the electric company’s sensitivity analysis of the bid rankings required under OAR 860-089-0400 and file a written assessment with the Commission prior to the electric company requesting acknowledgment of the final short list.

(9) The IE must provide analysis and reports as requested by the Commission or its Staff. Except as otherwise directed by the Commission, the IE must:

(a) File, or provide to the electric company for filing, a summary report or memorandum shortly after:

(A) The IE’s review of the draft RFP and its associated scoring and modeling methodology;

(B) The IE’s review of the electric company’s issuance of the RFP; and

(b) File, or provide to the electric company for filing, a closing report with the Commission after the electric company has selected its final shortlist. The IE’s closing report must include an evaluation of the applicable competitive bidding processes in selecting the least-cost, least-risk acquisition of resources. The report must also include the IE’s evaluation of the electric company’s responsiveness to portfolio requests it receives under the process set forth in OAR 860-089-0475.The Commission may request that the IE include additional analysis in its closing report.

(c) At the conclusion of the RFP process, file, or provide to the electric company for filing, a summary report or memorandum with the IE’s assessment of the process and outcome of contract negotiations, along with any recommendations for future RFP design by the electric company.

(10) Unless the Commission directs otherwise, the IE must participate in the final short list acknowledgment proceeding initiated by the electric company, and must continue to participate through final resource selection and monitor contract negotiations through to the completion of any contract between the electric company and a bidder as the IE finds necessary to understand whether the final contract or the failure to acquire a resource is reasonable. In addition to making a decision on acknowledgment, the Commission, on its own motion or at the request of other parties, including bidders, may require expanded IE involvement.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.075
Statutes/Other Implemented: ORS 469A.075 & ORS 756.040
PUC 2-2026, amend filed 03/23/2026, effective 03/23/2026
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0475 Selection of the Initial Shortlist and Final Shortlist

(1) Before an electric company may file a request for acknowledgment of a final shortlist of bids, the electric company must select an initial shortlist of bids and comply with the requirements of this rule. For purposes of this rule, “initial shortlist of bids” means the bids that the utility and the IE identify as meeting the minimum qualifications and are not disqualified or otherwise removed from consideration.

(2) At least 60 days before filing a request for acknowledgment under OAR 860-089-0500, the electric company must file a report in the docket that includes the electric company’s initial shortlist of bids, a list of bids received that are not included on the initial shortlist, an explanation as to why each bid not included on the initial shortlist was excluded, and a description of the set of scenarios and sensitivities the electric company proposes to use to select and evaluate the performance of a final shortlist. If the electric company makes any subsequent changes to the initial shortlist, the electric company is not required to file any additional reports under this section. However, the electric company must confer with the IE before a bid is removed or withdrawn from the initial shortlist, and the IE must address the reasonableness of the electric company’s action in its closing report.

(3) Interested persons may file comments on the initial shortlist report within 15 days after the electric company’s filing. Commenters may request the use of different or additional portfolios and sensitivities.

(4) An electric company must consider any filed comments and be responsive to requests for additional or different portfolios of bids by either performing the additional testing or providing a reasonable explanation why it did not do so in any related request for acknowledgment of a final shortlist. The electric company must test additional or different portfolios of bids requested by Staff or the IE and provide the results of testing performed under this section to Staff and the IE within a reasonable amount of time before the IE’s closing report is due.

(5) In selecting a final shortlist of bids, the electric company must base its selection on bid scores and a portfolio analysis that considers multiple combinations of all bids on the initial shortlist. The utility may select a final shortlist that represents a preferred portfolio of bids, and may identify alternate bids that the utility may seek to acquire based on the circumstances related to the preferred portfolio. The electric utility, unless otherwise directed by the Commission, must include in the portfolio analysis used to assess any initial shortlist a portfolio assessment using scoring metrics from the most recent IRP or IRP Update that, at minimum, includes analysis of impacts upon near-term costs and community impacts, as described in OAR 860-090-0060. However, an electric company that is described in ORS 469A.480, unless otherwise directed by the Commission, must include in the portfolio analysis used to assess any initial shortlist a portfolio assessment using scoring metrics from the most recent IRP that, at minimum, includes analysis of impacts upon near-term costs, as described in OAR 860-090-0060.

(6) The electric company must notify the IE and Commission Staff of its final shortlist selection in advance of filing a request for acknowledgment under OAR 860-089-0500 and provide supporting analysis, allowing sufficient time for the IE to complete the IE’s closing report. The electric company must, upon request, promptly provide the IE with any additional information the IE finds necessary for the preparation of the IE’s closing report.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.075
Statutes/Other Implemented: ORS 469A.075 & ORS 756.040
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-089-0500 Final Short List Acknowledgment and Result Publication

(1) For the purposes of this section, “acknowledgment” is a finding by the Commission that an electric company’s final shortlist of bid responses appears reasonable at the time of acknowledgment and was determined in a manner consistent with the rules in this division.

(2) An electric company must request that the Commission acknowledge the electric company's final shortlist of bids before it may begin negotiations. Acknowledgment of a shortlist has the same legal force and effect as a Commission-acknowledged IRP in any future cost recovery proceeding.

(3) A request for acknowledgment must include, at a minimum, the IE's closing report, the electric company’s final shortlist of responsive bids, all sensitivity analyses performed, and a detailed evaluation of the performance of bids on the final shortlist under the portfolio analysis required under OAR 860-089-0475(5).

(4) The Commission will generally issue a decision on the request for acknowledgment within 60 days of receipt of the electric company’s filing.

(5) The electric company must make a publicly available filing in the RFP docket providing the average bid score and the average price of a resource on its final shortlist.

(6) Following execution of all contracts resulting from an RFP or cancellation of the RFP, the electric company must provide information, on request, to a bidder about the bidder’s bid score.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.075
Statutes/Other Implemented: ORS 469A.075 & ORS 756.040
PUC 2-2026, amend filed 03/23/2026, effective 03/23/2026
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Or. Admin. R. 860-089-0550 Protected Information

The electric company may request a protective order be issued prior to making available protected information required to be shared under the rules in this Division. Protected information may include, but is not limited to, RFP-related and bidding information, such as a company’s modeling, cost support for any benchmark resource and detailed bid scoring and evaluation results. Protected information may then be provided to the Commission, the IE, and non-bidding parties, as appropriate under the terms of the protective order. Information shared under the terms of a protective order issued under this rule may be used in RFP review and approval, final shortlist acknowledgement, and cost-recovery proceedings.

History

Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch. 28
Statutes/Other Implemented: ORS 756.040, 758.060, 2016 OL Ch. 28, Sect. 6
PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018

Division 90 Integrated Resource Plans and Clean Energy Plans

Or. Admin. R. 860-090-0010 Applicability and Purpose of System Planning Rules

(1) The rules contained in this Division apply to energy utilities.

(2) Upon request or its own motion, the Commission may waive any of the rules in this Division for good cause shown. A request for waiver must be made in writing to the Commission. In addition to the filing requirements in OAR Chapter 860, Division 001, an energy utility filing a request for waiver under this section must serve the request on all parties to the energy utility’s most recent general rate case, IRP docket, and, if applicable, RFP filing.

(3) The primary goal of integrated resource planning is to develop a long-term resource strategy and near-term action plan that allow the utility to meet customer needs while best balancing expected costs and associated risks for the utility and its customers.

History

Statutory/Other Authority: ORS 756.060, ORS 757.262 & ORS 469A.465
Statutes/Other Implemented: ORS 756.040, ORS 469A.415, ORS 469A.420, ORS 469A.425, ORS 469A.430, ORS 469A.435, ORS 469A.440, ORS 469A.445, ORS 469A.450, ORS 469A.455, ORS 469A.460 & ORS 469A.475
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0020 Definitions for System Planning Rules

As used in this Division, except when the context requires otherwise:

(1) "Clean Energy Plan" or "CEP" means the plan that an electric company subject to the emissions reduction targets under ORS 469A.410 is required to develop under ORS 469A.415.

(2) "Electric company" has the meaning given that term in ORS 757.600.

(3) “End effects” means costs associated with a portfolio that would be incurred after the end of the planning horizon.

(4) “Energy utility” or “utility” means a public utility as defined in ORS 757.005, except water and wastewater utilities. An energy utility can be an “electric company” as defined in ORS 757.600 or a “gas utility” as defined in ORS 757.359.

(5) “Integrated Resource Plan” or “IRP” means the energy utility’s written plan detailing its determination of future long-term resource needs, its analysis of the expected costs and associated risks of the alternatives to meet those needs, and its action plan to select the best portfolio of resources to meet those needs.

(6) “Key planning uncertainties” means uncertain factors that could materially influence future utility plans or the performance of the utility’s portfolio, including factors that the Commission has directed the utility to address in the IRP.

(7) “Key planning years” means future years in which the utility anticipates significant changes relevant to its planning and procurement, including years for which the Commission has directed the utility to conduct specific planning analyses.

(8) “Portfolio” means a set of existing and new resources, including supply side resources, distributed resources, customer-sited resources, and supporting transmission and distribution infrastructure that the utility evaluates for meeting future loads and policy requirements over the planning horizon.

(9) “Planning scenario” means a set of possible future conditions developed for the purpose of evaluating the performance of IRP portfolios and examining the risks associated with the near-term action plan and long-term resource strategy.

(10) “Reference case” means the collection of assumptions for future conditions that the utility considers to be most likely or expected for the purposes of planning.

History

Statutory/Other Authority: ORS 756.060, ORS 757.262 & ORS 469A.465
Statutes/Other Implemented: ORS 756.040, ORS 469A.415, ORS 469A.420, ORS 469A.425, ORS 469A.430, ORS 469A.435, ORS 469A.440, ORS 469A.445, ORS 469A.450, ORS 469A.455, ORS 469A.460 & ORS 469A.475
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0030 Integrated Resource Plan Procedural Requirements

(1) Each energy utility must ﬁle an IRP with the Commission no later than three years after the ﬁling date of its prior IRP.

(2) In preparing the IRP, the utility must allow opportunities for engagement that are open to all members of the public. Such opportunities must include opportunities to contribute information and ideas, receive information, and pose questions to the utility including but not limited to requests to run portfolios, futures, scenarios, etc. These opportunities for engagement must include opportunities that are accessible to members of the public with limited resources.

(3) The utility must include in its IRP ﬁling a certification that it has concurrently submitted its responses to the most recent version of the Standard Information Requests for Integrated Resource Plans and Updates, available on the Commission’s website.

(4) Except as otherwise directed by the Commission, the utility must publish information submitted pursuant to section (3) of this rule as indicated in the most recent version of the Standard Information Requests. Information exempt from disclosure pursuant to a protective order issued by the Commission may be provided in redacted form. The utility must keep the published information available to the public until the utility has filed two subsequent IRPs.

(5) If the Commission determines while the utility’s IRP is pending before the Commission that the utility has undertaken or committed to actions that directly conflict with the utility’s action plan, the Commission may direct the utility to take additional actions including:

(a) Revising the utility’s action plan; or

(b) Submitting a new IRP that is responsive to the Commission's directives.

History

Statutory/Other Authority: ORS 756.060 & ORS 757.262
Statutes/Other Implemented: ORS 756.040 & ORS 756.105
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0040 Procedures for Public Participation

(1) Following the filing of an IRP, CEP, or IRP Update, a procedural schedule and any necessary revisions thereto will be submitted by Commission Staff and approved as necessary by the assigned administrative law judge.

(a) For each type of utility filing, the procedural schedule must allow, at minimum, for:

(A) The filing of written public comments on the utility’s filing including priorities for subsequent filings by the same utility under this Division; and

(B) The filing of a response by the utility to those public comments.

(b) In the case of an IRP or CEP, the procedural schedule should provide for the comment period, including initial and any subsequent rounds of comments, to be completed generally within six months of the filing date of the IRP or CEP.

(2) The Commission may suspend or modify the procedural schedule as necessary.

History

Statutory/Other Authority: ORS 756.060, ORS 757.262 & ORS 469A.465
Statutes/Other Implemented: ORS 756.040, ORS 469A.415, ORS 469A.420, ORS 469A.425, ORS 469A.430, ORS 469A.435, ORS 469A.440, ORS 469A.445, ORS 469A.450, ORS 469A.455, ORS 469A.460 & ORS 469A.475
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0050 Integrated Resource Plan Acknowledgment

(1) The Commission may provide the utility an opportunity to revise the IRP before making an acknowledgment decision.

(2) The Commission may acknowledge the long-term resource strategy or individual action plan items in part or in full or may condition acknowledgment on the utility’s compliance with conditions imposed by the Commission.

(3) Acknowledgment of a speciﬁc action plan item generally means that the action appears to align with customers’ interests, if implemented prudently, given what is known at the time of acknowledgment. The Commission's acknowledgment decision may be considered in future rate making decisions.

(4) Acknowledgment of the long-term resource strategy generally means that the strategy represents a reasonable approach to meeting future customer needs and complying with Oregon and federal energy policies in a manner that best balances cost and risk, accounting for policy, technological, economic, and other uncertainties related to Oregon’s energy future, given what is known at the time of acknowledgment. Acknowledgment of the long-term resource strategy is not necessary for acknowledgment of individual action plan items. However, a non-acknowledged long-term resource strategy may indicate that the utility is not adequately planning for future risks to customers or that the utility’s plan is otherwise deficient. In this circumstance, the Commission may take actions including for example:

(a) Directing the utility to take additional action to mitigate future risks; or

(b) Considering the utility’s failure to act to mitigate risks in future rate making decisions.

(5) Acknowledgment of an IRP does not indicate that the Commission approves all supporting analysis or ﬁndings in an IRP for use in future determinations. The Commission may identify potential changes or additions to elements of the utility’s IRP analysis to inform future Commission determinations.

(6) The Commission may provide direction in the acknowledgment decision to the utility regarding information, analyses or actions to be addressed in the utility’s next IRP.

History

Statutory/Other Authority: ORS 756.060 & ORS 757.262
Statutes/Other Implemented: ORS 756.060 & ORS 757.262
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0060 Components of the Integrated Resource Plan

(1) Each energy utility must prepare an integrated resource plan that contains the information described in this rule.

(2) Executive summary. The utility must include in the IRP a brief executive summary, written for a general audience, that describes the utility’s long-term resource strategy and near-term action plan and explains any signiﬁcant changes in the utility’s strategy since the last IRP.

(3) Updates since last IRP. The utility must describe in the IRP the resource actions and actions toward enabling strategies the utility has taken since the last IRP.

(4) Documentation of public input. The utility must include in the IRP an appendix that:

(a) Describes the opportunities the utility created for public input, which must include meetings that are open to all process participants, including the timeframes over which the utility accepted input from the public on each draft element of the IRP enumerated in OAR 860-090-0070;

(b) Summarizes at a high level major themes of public input the utility received during the development of the plan using the mechanisms created by the utility and attaches all written public comments received in response to comment opportunities specified by the utility on each draft element of the IRP enumerated in OAR 860-090-0070;

(c) Documents whether and how the utility incorporated public input received during the development of the plan using the mechanisms created by the utility into the finalization of portfolios, planning scenarios, community impacts metrics, the action plan, the utility’s response to any specific direction from the Commission, and other analysis or components of the IRP; and

(d) Documents how and when the utility explained any decisions not to incorporate public input received during the development of the plan using the mechanisms created by the utility into the IRP that is filed with the Commission.

(5) Commission direction. The utility must include in the IRP a narrative explanation and reference to the appropriate IRP section and, if applicable, subsection for the utility’s response to any specific direction from the Commission to undertake or provide additional information, analyses or actions in the IRP since the filing of its prior IRP.

(6) Needs assessment. The utility must include in the IRP an evaluation of the resource needs to achieve an acceptable level of reliability, including meeting any reliability requirements to which the utility is subject, while complying with all state and federal energy policies, over the next five years and in key planning years. The utility must describe in the IRP how the reliability analysis in the needs assessment accounts for opportunities presented by interactions with other systems and markets.

(a) The utility must calculate resource needs based on the utility’s load forecast, which must be the most recent available at the time that the needs assessment calculation is performed, and no incremental actions beyond the commitments that the utility has entered into at the time of conducting the analysis.

(b) The utility must include in the assessment reasonable upper and lower bounds on resource needs based on key planning uncertainties.

(c) The utility must clearly deﬁne the metrics and units used to summarize identiﬁed resource needs and report the date on which assumptions were last updated to inform the needs assessment.

(7) Portfolio analysis

(a) In developing the IRP, the utility must analyze a set of meaningfully different portfolios of resource options. The utility must provide in the IRP a detailed description of the analysis performed and the results of its analysis.

(A) The utility must evaluate portfolios that test different levels of demand side resources and distributed resources in Oregon.

(B) The utility must consider both commercially available and emerging technologies as resource options. For resources reliant on emerging fuels, the cost and availability of fuel supply, transport, and storage, as appropriate, must be considered.

(C) If the utility’s action plan includes any of the following actions, the utility must evaluate portfolios that test the impacts of these actions and that consider alternatives to these actions:

(i) A specific resource action that the utility intends to take outside of a competitive acquisition process, such as acquisition of a particular generating facility that does not fall under the competitive bidding rules in OAR Chapter 860, Division 89;

(ii) Modification or retirement of a specific resource; or

(iii) Expansion, retirement, or substantial modification of transmission, gas transportation, or distribution facilities.

(b) In developing portfolios under this section, the utility must consider the contributions of all resource options toward reliability, policy compliance, and lowering the costs associated with the generation, production, purchase, or delivery of energy to customers.

(c) The utility must evaluate portfolios under this section across a range of future planning scenarios that reflect plausible and material differences across key planning uncertainties.

(d) The utility must identify a reference case that represents current expectations for future conditions.

(e) The utility must demonstrate that all portfolios developed under this section provide for an acceptable level of reliability and are expected to meet any reliability requirements to which the utility is subject, while complying with all state and federal energy policies, over the next five years and in key planning years. The utility must describe how the reliability analysis accounts for reasonable opportunities presented by interactions with other systems and markets. Utilities subject to ORS 469A.415 must describe how compliance with the emission reduction targets under ORS 469A.410 was incorporated into IRP modeling.

(f) In evaluating portfolios under this section, the utility must reasonably estimate future operations of the utility’s system, including interactions between resources and interactions with energy markets.

(g) For each portfolio, the utility must identify metrics in the IRP that describe the portfolio’s performance with respect to:

(A) Long-term costs, calculated as the present value of the expected net costs to Oregon customers over the planning horizon associated with a given portfolio of resources, including all costs associated with producing, purchasing, and transporting energy to the customer and including end effects (comprehensive long-term cost estimate). A comprehensive long-term cost estimate provided under this rule may be used solely for the purposes of evaluating the utility’s IRP and, if applicable, CEP.

(B) Near-term costs, estimated as a plausible range for the total annual net costs to Oregon customers over the next five years associated with a given portfolio of resources, including all costs associated with producing, purchasing, and transporting energy to the customer (comprehensive near-term cost estimate), considering near-term uncertainties such as resource ownership and cost allocation to Oregon customers. A comprehensive near-term cost estimate provided under this rule may be used solely for the purposes of evaluating the utility’s IRP and, if applicable, CEP.

(C) Economic risk, representing the risk associated with near-term plans if future conditions were to materially deviate from expectations.

(D) Reliability risk, presented in a manner that reﬂects relevant information about the potential frequency and severity of supply shortages, such as total unserved energy, maximum hourly unserved energy, duration, and timing, while considering risks associated with weather, hydrologic conditions, outages, fuel availability, and regional constraints.

(E) Community impacts, presented as plausible ranges for the future impacts of the portfolio on communities within or partly within the utility’s Oregon service territory. The utility must demonstrate that community impact metrics are:

(i) Developed with input from the public, including input from environmental justice communities;

(ii) Quantitative and measurable as the utility implements its plan;

(iii) Practically informative to utility implementation decisions, including investments, contracts, and program designs; and

(iv) Distinct from other scoring metrics.

(F) Emissions, calculated in a manner consistent with any emissions reporting requirements to which the utility is subject.

(h) A multi-jurisdictional utility must develop at least one portfolio that optimizes resources across its entire system, taking into account the varied energy and policy requirements of the jurisdictions in which it operates.

(i) Preferred Portfolio. The utility must select a Preferred Portfolio in the IRP and explain why it represents the best balance of cost and risk to customers and the utility. The utility must include a visual representation such as a matrix that describes how each portfolio performed against the portfolio scoring metrics and that clearly demonstrates the relationship of the preferred portfolio to all portfolios eligible for preferred portfolio selection. In the event that the most competitive portfolio is not selected as the preferred portfolio, the utility must provide additional justification for the selection.

(8) Other planning processes. The utility must clearly refer in the IRP to any additional planning required by law that affects the utility’s long-term resource strategy or near-term action plan.

(9) Long-term resource strategy. The utility must describe in the IRP the long-term resource strategy to meet customer needs and comply with all federal and state energy policies over the next 20 years. The utility’s development of the long-term resource strategy must be informed by a needs assessment and portfolio analysis that considers all reasonably plausible resource options. In addition, the utility must include in the resource strategy:

(a) An explanation of its consideration of the potential impacts of future technological development and changes to consumer behavior, state and federal energy policies, and regional developments;

(b) A description of the utility’s strategy for addressing major risks, key dependencies, barriers to implementation, and critical junctures for the plan; and

(c) A description of any enabling strategies that the utility is evaluating to support the long-term resource strategy, including changes to system operational practices.

(10) Near-term action plan. The utility must include in the IRP a near-term action plan that describes the steps the utility intends to take over the next five years to provide customers with safe and reliable service, meet other customer needs and comply with all federal and state energy policies in a manner that is informed by the utility’s portfolio analysis and consistent with the utility’s long-term resource strategy. The utility must include in the action plan the utility’s plans for:

(a) Resource acquisitions, including conducting competitive acquisitions, with information on the utility’s intended schedules, estimated range of procurement scope or size, and any constraints or parameters that the utility intends to apply to align resource selections with the utility’s near-term needs and long-term resource strategy.

(b) Pursuing energy efficiency, demand response, community-based resources, and other customer-sited and distributed resources. The action plan must explain how the utility intends to pursue all cost-effective energy efficiency and demand response and must reference analysis in the IRP that supports targets for using these resources to meet system needs.

(c) Any other resource actions the utility intends to take that may materially affect the utility’s resource portfolio or the performance of the portfolio in terms of cost, risk, reliability, or compliance with state or federal policies.

(d) Any enabling strategies the utility plans to pursue to support the utility’s near-term action plan.

(e) Preparing and ﬁling the next IRP and IRP Updates, including the intended filing dates and any areas that the utility plans to prioritize for new or updated analysis.

(f) Managing near term uncertainties and process dependencies, including any contingency plans the utility has developed to implement the action plan as conditions change.

(11) Cost-effective grid enhancing technologies strategic plan. An electric company subject to Oregon Laws 2025 Chapter 391 must include a section that provides its strategic plan setting forth the information required by that law, using the definition of cost-effectiveness and criteria established by the Commission.

(12) Counterfactual portfolio. Notwithstanding the requirements of subsection (7)(e) above, an electric company that is subject to ORS 469A.445 must develop and evaluate in the IRP one portfolio developed as though the requirements of ORS 469A.400 to ORS 469A.475 did not apply, holding equal all other constraints and assumptions used to develop the Preferred Portfolio.

History

Statutory/Other Authority: ORS 756.060, ORS 756.105 & ORS 757.262
Statutes/Other Implemented: ORS 756.105, ORS 757.262, ORS 756.040 & ORS 469A.445
PUC 9-2026, minor correction filed 06/25/2026, effective 06/25/2026
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0070 Draft Elements of the Integrated Resource Plan

(1) As it is developing the IRP and in advance of filing the IRP, the energy utility must prepare drafts of the following information:

(a) Portfolios that the utility intends to test in its development of the IRP;

(b) Future planning scenarios;

(d) Near-term action plan; and

(e) Narrative explanation of the utility’s response to any specific direction from the Commission since the filing of the prior IRP to undertake or provide additional information, analyses or actions in the IRP.

(2) The utility must solicit public input on each draft element of the IRP sufficiently in advance of making final determinations with respect to that element to fully evaluate the public input it receives for incorporation into the IRP it later files with the Commission.

History

Statutory/Other Authority: ORS 756.060, ORS 756.105 & ORS 757.262
Statutes/Other Implemented: ORS 756.105, ORS 757.262 & ORS 756.040
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0080 Clean Energy Plan Procedural Requirements

(1) An electric company that is subject to ORS 469A.415 must ﬁle a CEP with the Commission concurrently with the utility’s IRP and in the same docket.

(2) If ﬁling the CEP concurrently with the IRP would create an undue burden or a signiﬁcant issue exists that impacts IRP or CEP review, the electric company may ﬁle a written request with the Commission to extend the ﬁling date for the CEP up to 180 days after the IRP ﬁling date.

(3) If the Commission authorizes a utility to ﬁle the CEP separately from its IRP filing, Commission Staff, or if necessary, the administrative law judge, may establish a schedule for review of the CEP separate from the IRP schedule, including at minimum, a utility presentation to the Commission of the CEP, opportunity for public comment and a utility response to public comment.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.465
Statutes/Other Implemented: ORS 756.040, ORS 469A.415, ORS 469A.420, ORS 469A.425, ORS 469A.430, ORS 469A.435, ORS 469A.440, ORS 469A.445, ORS 469A.450, ORS 469A.455, ORS 469A.460 & ORS 469A.475
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0090 Clean Energy Plan Acknowledgment

(1) The Commission will consider acknowledgment of a CEP filed by the electric company subject to ORS 469A.415. The Commission will issue an order memorializing its decision on acknowledgment for the CEP, which may be combined with the IRP acknowledgment order. The Commission may provide the electric company an opportunity to revise the CEP before making an acknowledgment decision. The Commission may, at its discretion, take one of the following actions regarding the CEP portion of the acknowledgment decision:

(a) Acknowledge a CEP as ﬁled;

(b) Acknowledge a CEP with conditions; or

(c) Not acknowledge the CEP and require that the utility revise and resubmit all or certain elements of the CEP within the procedural timeline set by the Commission.

(2) Acknowledgment of a CEP does not indicate that the Commission approves all supporting analysis or ﬁndings in a CEP for use in future determinations. The Commission may identify potential changes or additions to elements of the utility’s CEP analysis that may meaningfully inform future Commission determinations.

(3) Along with making a decision on acknowledgment, the Commission may provide direction to the utility regarding the development or content of its next CEP.

History

Statutory/Other Authority: ORS 756.060 & ORS 469A.465
Statutes/Other Implemented: ORS 756.040, ORS 469A.415, ORS 469A.420, ORS 469A.425, ORS 469A.430, ORS 469A.435, ORS 469A.440, ORS 469A.445, ORS 469A.450, ORS 469A.455, ORS 469A.460, ORS 469A.465 & ORS 469A.475
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0100 Clean Energy Plan Components

Each electric company subject to ORS 469A.415 must:

(1) In preparing the CEP, the utility must allow a meaningful number of opportunities for engagement that are open to all members of the public. Such opportunities must include opportunities to contribute information and ideas, receive information, and pose questions to the utility including but not limited to requests to run portfolios, futures, scenarios, etc. These opportunities for engagement must include opportunities that are accessible to members of the public with limited resources.

(2) Draft its CEP in language that is as clear and simple as possible, with the goal that it may be understood by non-expert members of the public.

(3) Include in its CEP the information required by ORS 469A.415 and annual goals for actions that are consistent with the electric company’s long-term resource strategy and action plan.

(4) Deﬁne and describe in its CEP the community beneﬁts indicators that the electric company plans to track as the company implements its Clean Energy Plan, including the metrics adopted in IRP portfolio scoring.

(a) The electric company must develop community beneﬁts indicators upon consideration of public input, including input from environmental justice communities in Oregon.

(b) The electric company must include at least one community beneﬁt indicator that addresses community resiliency.

(c) The electric company must describe how the community beneﬁts indicators will inform utility implementation decisions through mechanisms such as RFP requirements, RFP non-price scores, and program design criteria and metrics.

(5) Report measured values for all community beneﬁts indicators defined in the CEP for the previous three years, to the extent available. If measured values for a community benefits indicator are not available for the previous three years, the electric company must explain how it plans to measure that community beneﬁts indicator in future years.

(6) Demonstrate in its CEP that the electric company’s IRP portfolio analysis accounts for:

(a) Any reasonably foreseeable impacts on communities within or partly within the utility’s Oregon service territory associated with resource options, including contributions to resiliency; and

(b) The costs and beneﬁts of offsetting generation from fossil fuel resources with community-based renewable energy resource options.

(7) Include in its CEP targets for community-based renewable energy that facilitate greenhouse gas emissions reductions, promote community resiliency, and are reﬂected in the utility’s near-term action plan and long-term resource strategy.

(8) Demonstrate in its CEP how the IRP Preferred Portfolio achieves the emissions reductions targets set forth in ORS 469A.410, and include the veriﬁcation of projected emissions reductions available from the Oregon Department of Environmental Quality pursuant to ORS 469A.420.

(9) Demonstrate in its CEP how the electric company’s long-term resource strategy and near-term action plan provide for the best balance of expected costs and associated risks and uncertainties for the electric company and its customers, while considering impacts to communities and the pace of greenhouse gas emissions reductions.

(10) Demonstrate in its CEP that the electric company’s action plan represents continual progress towards meeting the clean energy targets set forth in ORS 469A.410, including demonstrating a projected reduction of annual greenhouse gas emissions, and that the electric company is taking actions as soon as practicable to facilitate rapid reduction of greenhouse gas emissions at reasonable costs to retail electric consumers.

(11) Include in its CEP the electric company's two most recent annual emissions data reports ﬁled with the Oregon Department of Environmental Quality.

(12) Include a narrative explanation and reference to the appropriate CEP section and, if applicable, subsection for the electric company’s response to any specific direction from the Commission to undertake or provide additional information or analysis in the CEP since the filing of its last CEP.

(13) Cost-effective grid enhancing technologies strategic plan. An electric company subject to Oregon Laws 2025 Chapter 391 must include a section that provides its strategic plan setting forth the information required by that law, using the definition of cost-effectiveness and criteria established by the Commission.

History

Statutory/Other Authority: ORS 756.060 & OAR 469A.465
Statutes/Other Implemented: ORS 756.040, ORS 469A.415, ORS 469A.420, ORS 469A.425, ORS 469A.430, ORS 469A.435, ORS 469A.440, ORS 469A.445, ORS 469A.450, ORS 469A.455, ORS 469A.460 & ORS 469A.475
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 860-090-0110 Integrated Resource Plan Updates

(1) Purpose. The IRP Update primarily serves to:

(a) Provide visibility into the utility’s implementation of the near-term action plan;

(b) Facilitate efficient scrutiny of any changes to the near-term action plan; and

(2) Timing. In any calendar year that the utility does not ﬁle an IRP, the utility must ﬁle an IRP Update no later than the anniversary date of ﬁling the prior IRP or IRP Update.

(3) Filing requirements. The energy utility must complete and submit its IRP Update filing using the IRP Update template approved by the Commission and available on the Commission’s website. The utility must submit with the filing all information and data required by this rule and under the template in machine-readable format. In addition, the energy utility must include in the IRP Update:

(a) A description of the resource actions and actions toward enabling strategies the utility has taken since the most recent IRP or IRP Update;

(b) Updates to the most recent IRP reference case to reflect any key planning information that has been obtained or developed by the utility, such as updated load forecasts, fuel prices, wholesale market prices, and resource costs;

(c) Quantitative comparison of updated reference case forecasts with the range of planning scenarios considered in the Company’s most recent IRP;

(d) An updated needs assessment based on changes to conditions, future expectations, and utility actions since the most recent IRP or IRP Update;

(e) The date on which assumptions were last updated to inform the needs assessment; and

(f) A description of any changes to the near-term action plan, including changes to acquisition targets, that the utility has made in response to changes in conditions, future expectations, and utility actions since the most recent IRP or IRP Update.

(4) Availability of information. The utility must publish all information submitted with the IRP Update filing to the utility’s website in a machine-readable format. Information exempt from disclosure pursuant to a protective order issued by the Commission may be provided in redacted form. The utility must keep the published information available to the public until the utility has filed two subsequent IRPs.

(5) Additional requirements for an electric company subject to ORS 469A.415. An electric company that is subject to ORS 469A.415 must also include in the IRP Update:

(a) An assessment of what has changed since the CEP acknowledgment decision that affects the electric company's progress toward the clean energy targets in ORS 469A.410;

(b) Measured values for all community beneﬁts indicators adopted in the most recent CEP for the previous three years, to the extent available, and, if measured values for a community benefits indicator are not available for the previous three years, an explanation of how the electric company plans to measure that community beneﬁts indicator in future years;

(c) A summary, with quantitative information, of how the community beneﬁts indicators reported in the most recent CEP have informed the electric company’s implementation of its action plan; and

(d) The electric company's two most recent annual emissions data reports ﬁled with the Oregon Department of Environmental Quality.

(6) Commission action. The Commission may decide to accept an IRP Update and may further specify the extent to which it is accepted. In making a decision whether to accept the IRP Update, the Commission may also provide direction to the utility regarding the substance or filing date of the next IRP. Acceptance of the IRP Update may indicate that updates to the utility’s action plan presented in the IRP Update are consistent with the scope of a prior IRP acknowledgment order. In making a decision on acceptance and providing direction to the utility regarding the substance or filing date of the next IRP, the factors the Commission may consider include:

(a) Whether the utility’s strategy materially deviates from the most recent IRP;

(b) Whether external conditions or the utility’s circumstances or planning expectations have signiﬁcantly deviated from the planning scenarios considered in the most recent IRP; and

History

Statutory/Other Authority: ORS 756.060, ORS 757.262 & ORS 469A.465
Statutes/Other Implemented: ORS 756.040, ORS 469A.415, ORS 469A.420, ORS 469A.425, ORS 469A.430, ORS 469A.435, ORS 469A.440, ORS 469A.445, ORS 469A.450, ORS 469A.455, ORS 469A.460 & ORS 469A.475
PUC 2-2026, adopt filed 03/23/2026, effective 03/23/2026

Division 91 SMALL-SCALE RENEWABLE ENERGY PROJECT STANDARD

Or. Admin. R. 860-091-0000 Applicability of Rules

(1) The provisions of this division apply to electric companies subject ORS 469A.210.

(2) Upon request or its own motion, the Commission may waive any of the division 091 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210
Statutes/Other Implemented: ORS 469A.210
PUC 5-2026, amend filed 05/28/2026, effective 05/28/2026
PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021

Or. Admin. R. 860-091-0010 Definitions

(1) "Electric company" has the meaning in ORS 756.005.

(2) "Nameplate capacity" means the full-load electrical quantities assigned by the designer to a generator and its prime mover or other piece of electrical equipment, such as transformers and circuit breakers, under standardized conditions, expressed in amperes, kilovoltamperes, kilowatts, volts, or other appropriate units. Nameplate capacity is usually indicated on a nameplate attached to the individual machine or device.

History

Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210
Statutes/Other Implemented: ORS 469A.210
PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021

Or. Admin. R. 860-091-0020 Aggregate Electrical Capacity

(1) For purposes of compliance with the standard in ORS 469A.210(2), each electric company's aggregate electrical capacity is the total nameplate capacity of the electric company's generation resources to serve Oregon load.

(a) Aggregate electrical capacity includes:

(A) The nameplate capacity of all owned generation resources used to serve Oregon load; and

(B) The annual average nameplate capacity of all generation resources used to serve Oregon load under a power purchase agreement with a term of at least five years.

(b) Aggregate electrical capacity does not include:

(A) The nameplate capacity of storage resources;

(B) The nameplate capacity of small-scale energy resources that the electric company applies to meeting the standard in a compliance period, consistent with OAR 860-091-0030(3); and

(2) For electric companies making retail sales in multiple jurisdictions, the nameplate capacity of generation resources to serve Oregon load is the total nameplate capacity of the electric company's system generation allocated to Oregon retail customers.

(3) For purposes of establishing compliance with the standard in ORS 469A.210(2), an electric company shall calculate its aggregate electrical capacity based on a measurement taken 12 months prior to the date on which it is required to file a compliance report under OAR 860-091-0040.

History

Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210
Statutes/Other Implemented: ORS 469A.210
PUC 5-2026, amend filed 05/28/2026, effective 05/28/2026
PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021

Or. Admin. R. 860-091-0030 Eligible Renewable Energy Projects

(1) For purposes of compliance with the standard in ORS 469A.210(2), the contribution of each eligible renewable energy project towards an electric company's compliance with the standard is its total nameplate capacity.

(2) An electric company may use one or more of the following resources and project types to comply with the standard in ORS 469A.210(2) when they also meet the criteria in ORS 469A.210(2)(a) or (b):

(a) An Oregon Renewable Portfolio Standard-eligible generation type. An electric company is not required to obtain or retain for retirement purposes the renewable energy certificates that may be associated with a project;

(b) Community Solar Program projects that are certified by the Commission under OAR Chapter 860, Division 088 and to which the electric company's customers are eligible to subscribe; and

(3) Resources and project types that may not be used to comply with the standard in ORS 469A.210(2) include:

(a) Behind-the-meter resources; and

(b) Energy storage systems as defined in OAR 860-082-0015.

(4) The eligible portion of a project's capacity used to comply with the standard in ORS 469A.210(2) is the percentage of annual project costs paid for by Oregon retail customers.

History

Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210
Statutes/Other Implemented: ORS 469A.210
PUC 5-2026, amend filed 05/28/2026, effective 05/28/2026
PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021

Or. Admin. R. 860-091-0040 Compliance Reports

(1) No later than July 1, 2029, and no later than July 1 for each year thereafter, the electric company must file a report with the Commission demonstrating compliance or explaining in detail any failure to comply, with the standard in ORS 469A.210(2).

(2) The report required in section (1) of this rule must include the following information associated with each owned or contracted eligible renewable energy project:

(a) The name of the facility;

(b) The type of renewable resource;

(d) The nameplate capacity rating;

(e) For multi-jurisdictional utilities, the percentage of each eligible small-scale facility's costs paid for by the electric company's Oregon retail customers; and

(f) Contracted resources should also include the delivery period and output of contracts.

(3) The report required in section (1) of this rule must include the following information regarding the electric company's aggregate electrical capacity that serves Oregon load during the reporting year:

(a) The names of the facilities;

(b) The nameplate capacity of the electric company's generating resources;

(d) The average total contracted capacity of all power purchase agreements over five years with delivery during the reporting year.

History

Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210
Statutes/Other Implemented: ORS 469A.210
PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021

Division 95 Resource Adequacy

Or. Admin. R. 860-095-0000 Scope and Applicability of Rules

(1) The rules in this division prescribe the filing requirements for provision of Resource Adequacy information, and the filing requirements and binding elements for the Public Utility Commission of Oregon (Commission) - administered Resource Adequacy program.

History

Statutory/Other Authority: ORS 183 & ORS 756
Statutes/Other Implemented: ORS 756.040, ORS 757.649 & ORS 757.659
PUC 5-2024, adopt filed 05/10/2024, effective 05/13/2024

Or. Admin. R. 860-095-0010 Definitions for this Division

(1) “Advisory Forecast” means any modeling outputs created by a Qualified Regional Program that are presented but not used as part of the Qualified Regional Program’s binding elements.

(2) “Binding Forward Showing” means a filing used by a State Participant to show compliance with the State Program.

(3) “Compliance Resource” means the resource(s) or resource-specific contracts used by a State Participant to meet the load requirements of the Binding Forward Showing.

(4) “Electric Company” has the same meaning as ORS 757.600(11).

(5) “Electricity Service Supplier” has the same meaning as ORS 757.600(16).

(6) “Emissions Planning Report” means a filing made by an Electricity Service Supplier to show compliance with ORS 757.649(1)(f).

(7) “Informational Filing” means a written explanation of a Load Serving Entity’s strategy to address Resource Adequacy.

(8) “Integrated Resource Plan” means an Electric Company’s written plan to satisfy the requirements of OAR 860-027-0400 and Commission Order Nos. 07-002, 07-047, and any future orders impacting filing requirements.

(9) “Load Serving Entity” means an Electric Company or Electricity Service Supplier.

(10) “P50 Peak Load Forecast” means a peak load forecast prepared on a basis, such that the actual peak load is statistically expected to be as likely to be above the forecast as it is to be below the forecast.

(11) “Planning Reserve Margin” means an increment of supply needed to meet conditions of high demand in excess of the applicable peak load forecast and other conditions such as higher resource outages, or lower availability of resources, expressed as a percentage of the applicable peak load forecast.

(12) “Qualified Capacity Contribution” means the portion of the nameplate capacity of a compliance resource that can be expected to provide capacity to meet customer demand calculated using a Commission or Qualified Regional Program approved methodology.

(13) “Qualified Parties” means Commission Staff and Oregon Citizens’ Utility Board employees who execute a modified protective order.

(14) “Qualified Regional Program” means a Commission-approved regional reliability planning and compliance program that addresses Resource Adequacy through processes and conditions established in a FERC-approved tariff.

(15) “Regional Forward Showing” means any data, forecasts, or submittals required by a Qualified Regional Program to support planning program compliance by a Regional Participant.

(16) “Regional Participant” means a Load Serving Entity that is a participant in or is officially committed to becoming a participant in a Qualified Regional Program at least 30 days prior to the Binding Forward Showing filing date of the State Program

(17) “Resource Adequacy” means the expected ability of a Load Serving Entity to supply aggregate electric power and energy to meet the requirements of their consumers with a sufficient degree of reliability and plan to meet future demand with sufficient supply-side and demand side resource.

(18) “State Participant” means a Load Serving Entity that is not a Regional Participant.

(19) “State Program” means the Resource Adequacy compliance program administered by the Commission applicable to State Participants.

History

Statutory/Other Authority: ORS 183 & ORS 756
Statutes/Other Implemented: ORS 756.040, ORS 757.649 & ORS 757.659
PUC 5-2024, adopt filed 05/10/2024, effective 05/13/2024

Or. Admin. R. 860-095-0020 Electric Company Resource Adequacy Informational Filing Requirements

(1) Electric Companies must provide an Informational Filing to the Commission as a part of their Integrated Resource Plan. The Electric Company’s Informational Filing must be included as a chapter to the Integrated Resource Plan that incorporates the Advisory Forecast from a Qualified Regional Program and contains a discussion about how the overall resource strategy interacts with Resource Adequacy concerns.

(2) The Informational Filing for an Electric Company must include:

(a) Qualified Regional Program data as provided by the Regional Participant that was developed for utilization in the Qualified Regional Program’s Advisory Forecastt and mirrors the number of years of information provided in the Advisory Forecast.

(b) A high-level discussion, not to include confidential information, of the transmission rights necessary to serve P50 load, the transmission rights currently owned or used, the steps that will be taken to procure transmission rights to fill in any open position, and any expected constraints or difficulties in filling any open positions. The information supplied should cover the time period of the two forthcoming Qualified Regional Program operating seasons.

(c) A description of information supplied to produce the Advisory Forecast and explanation of any differences between that information and comparable inputs to the Electric Company’s Integrated Resource Plan analysis and associated action plan.

(d) Commercially and Competively-sensitive information and data provided in the Informational Filing may be redacted or provided only to Qualified Parties.

(3) All outputs of a Qualified Regional Program’s most recent Advisory Forecast must be included with the Informational Filing. These may be included in the Informational Filing or as an Appendix chapter to the Integrated Resource Plan.

(4) A Regional Participant’s most recent Regional Forward Showing submission to its Qualified Regional Program must be made available to Qualified Parties upon request pursuant to a Modified Protected Order.

History

Statutory/Other Authority: ORS 183 & ORS 756
Statutes/Other Implemented: ORS 756.040, ORS 756.700, ORS 756.105 & ORS 757.659
PUC 5-2024, adopt filed 05/10/2024, effective 05/13/2024

Or. Admin. R. 860-095-0030 Electricity Service Supplier Resource Adequacy Informational Filing Requirements

(1) Electricity Service Suppliers must submit an Informational Filing with the Commission every other year.

(a) The Informational Filing may be filed as a part of the Emissions Planning Report filing.

(b) The Informational Filing must contain a discussion about how the overall resource strategy interacts with Resource Adequacy concerns.

(2) The Informational Filing for an Electricity Service Supplier must include:

(a) A monthly P50 Peak Load Forecast and Effective Load Carrying Capability curve over a period of the greater of four years or the longest available timeline from a Qualified Regional Program using methods consistent with outputs of the Qualified Regional Program’s Advisory Forecast.

(b) A discussion covering at least four years of the transmission rights necessary to serve P50 load, the transmission rights currently owned or used, the steps that will be taken to procure transmission rights to fill in any open position, and any expected constraints or difficulties in filling any open positions.

(3) All publicly available outputs of a Qualified Regional Program’s most recent Advisory Forecast must be included with the Informational Filing. These may be included as an appendix chapter.

(4) Availability of Information:

(a) A Regional Participant's most recent Regional Forward Shwoing submission to its Qualified Regional Program must be made available for review only to Qualified Parties and only upon request pursuant to a Modified Protective Order.

(b) The following information shall be available for review only by Non-market Participants that have executed a Modified Protective Order:

(A) A discussion about how the overall resource strategy interacts with Resource Adequacy concerns, as requirebed by section (1)(b)of this rule;

(B) A monthly P50 Peak Load Forecast and Effective Load Carrying Capability curve, as required by section (2)(a) of this rule; and

(C) A discussion covering at least four years of the transmission rights necessary to serve P50 load, the transmission rights currently owned or used, the steps that will be taken to procure transmission rights to fill in any open position, and any expected constraints or difficulties in filling any open positions, as required by section (2)(b) of this rule.

(c) For purposes of this rule, Non-market Participants includes Commission Staff, the Oregon Citizens' Utility Board, and nonprofit organizations engaged in environmental advocacy that do not otherwise participate in electricity markets.

(5) As part of the forecast of monthly P50 Peak Load Forecast and monthly forecast of transmission requirements, an Electricity Service Supplier must use current load levels or provide reasonable substitutes of the load forecast. An Electricity Service Supplier is responsible for demonstrating that the substitute load forecast is reasonable.

History

Statutory/Other Authority: ORS 183 & ORS 756
Statutes/Other Implemented: ORS 756.040, ORS 757.649 & ORS 757.659
PUC 5-2024, adopt filed 05/10/2024, effective 05/13/2024

Or. Admin. R. 860-095-0040 State Program Requirements

(1) Any Electric Company or Electricity Service Supplier that is not a Regional Participant must comply with the State Program requirements.

(2) State Participants must file a Binding Forward Showing with the Commission for approval no later than April 1 of every odd-numbered year. A State Participant’s initial Binding Forward Showing must be filed no later than April 1, 2025.

(3) State Participants must use a 1 event-day in 10-year Loss of Load Expectation standard when submitting their Binding Forward Showing.

(4) State Participants must use a Planning Reserve Margin and Qualified Capacity Contribution consistent with a Qualified Regional Program or other Commission-approved methodology.

(5) The Commission Staff and Parties should complete its compliance review for each State Participant within 90 days of filing the Binding Forward Showing. A State Participant's Binding Forward Showing submission to the Commission will be available for review only by Qualified Parties and only upon request pursuant to a Modified Protective Order.

(6) A State Participant shall provide its monthly P50 Peak Load Forecast for the two-year period beginning July 1 of the filing year as part of their Binding Forward Showing.

(7) A State Participant must demonstrate that its Compliance Resources meet 95 percent of its monthly forecasted P50 load for twelve months beginning July 1 of the filing year and 80 percent of the monthly forecasted P50 load for the following twelve months plus a Planning Reserve Margin each month. A State Participant is not bound to meet its load with its Compliance Resources in actual operations.

(8) As part of the forecast of monthly P50 Peak Load Forecast and monthly forecast of transmission requirements, an Electricity Service Supplier must use current load levels or provide reasonable substitutes of the load forecast. An Electricity Service Supplier is responsible for demonstrating that the substitute load forecast is reasonable.

(9) A State Participant must demonstrate that it has NERC Priority 6 or NERC Priority 7 firm point-to-point transmission service or network integration transmission service rights to deliver 75 percent of the Compliance Resources from generation source to load sink. A State Participant may request a waiver of a portion of the transmission requirement if it can demonstrate that at least one of the following conditions applies:

(a) The State Participant is experiencing enduring transmission constraints;

(b) Future firm Available Transfer Capability is expected;

(c) An applicable portion of the State Participant’s existing transmission service rights is expected to be derated or out-of-service; or

(d) Expected counterflow directly between two balancing authority areas from another entity supports the State Participant’s transmission of energy from generation source to load sink. This counterflow cannot already be offsetting transmission of energy for another State Participant or Regional Participant. The State Participant requesting the exception shall include a written acknowledgement from the other entity that it is aware of such an exception request.

(e) A State Participant cannot use waiver condition (9)(a) or (9)(b) for the same path for consecutive compliance periods if the Qualified Regional Program would preclude use of such waiver.

(10) If the Commission deems that a State Participant’s Binding Forward Showing does not meet the criteria for approval, the Commission shall identify deficiencies and give the State Participant 60 days to remedy their Binding Forward Showing to meet the criteria for approval.

(11) A State Participant whose plan is not approved 60 days after the Commission identified deficiencies shall be subject to an appropriate penalty as determined by the Commission.

History

Statutory/Other Authority: ORS 183 & ORS 756
Statutes/Other Implemented: ORS 756.040, ORS 756.070, ORS 756.105, ORS 756.990, ORS 757.649 & ORS 757.659
PUC 5-2024, adopt filed 05/10/2024, effective 05/13/2024

Division 100 OREGON UNIVERSAL SERVICE FUND (OUSF)

Or. Admin. R. 860-100-0001 Scope and Applicability

(1) The rules in this Division apply to all telecommunications providers as defined in 860-100-0005.

(2) Upon request or its own motion, the Commission may waive any of the Division 100 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS Ch. 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.005 & ORS 759.020
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
PUC 5-2016, f. & cert. ef. 11-22-16

Or. Admin. R. 860-100-0005 Definitions for the Oregon Universal Service Fund

For the purpose of this Division:

(1) “Basic telephone service” has the same meaning as provided in OAR 860-032-0190.

(2) “Certificate of Authority” means a certificate of authority to provide intrastate telecommunications service on a for-hire basis that may be issued by the Commission under ORS 759.020.

(3) “Commercial mobile radio service provider” means a person that provides commercial mobile radio service.

(4) “Commercial mobile radio service” has the meaning given that term in ORS 759.400.

(5) "Competitive provider" means a competitive telecommunications provider as defined in ORS 759.005(1), who provides services authorized pursuant to ORS 759.020.

(6) "Cooperative" means a cooperative corporation or association, which provides local exchange telecommunications service within its own exchanges, which is organized under ORS Chapter 62, and which is certified under ORS 759.025(2).

(7) “Exchange” has the same meaning as provided in OAR 860-032-0012.

(8) "Gross retail intrastate revenue" means the total amount derived from intrastate retail telecommunications services sold in Oregon. Gross revenue as defined by generally accepted accounting principles (GAAP) is the total amount of sales recognized on the income statement in the period when realized and earned- not necessarily when cash is received. "Gross retail intrastate revenue" includes all billable revenue earned from a final customer.

(9) “Interconnected voice over internet protocol service provider” or “interconnected VoIP service provider” means a person that provides interconnected voice over internet protocol services.

(10) “Interconnected voice over internet protocol service” or “interconnected VoIP service” has the meaning given the term “interconnected voice over internet protocol service” in ORS 759.400. For purposes of contribution to the OUS Fund nomadic interconnected VoIP providers are responsible for identifying intrastate revenues attributable to Oregon consistent with the safe harbor and intrastate revenue allocation provisions of OR Laws 2020 Ch. 17, Section 2.

(11) "Local exchange service" means local exchange telecommunications service as defined in ORS 759.005(3). Local exchange service includes "shared service."

(12) “Loop facilities” consists of the cables, poles, conduit, microwave, or carrier equipment used by a telecommunication service provider to connect a customer’s premise to a central office.

(13) “OUSF Board” means the advisory board selected by the Commission to provide advice on the administration of the OUS Fund.

(14) “OUS Administrator” means the person selected by the Commission to administer the OUS Fund.

(15) “OUS Fund” means the Oregon Universal Service Fund.

(16) “OUS retail telecommunications service” includes retail telecommunications service, retail commercial mobile radio service and retail interconnected VoIP service.

(17) "Pay telephone" means a telephone instrument, generally placed in public areas, for transient use on a pay-per-call basis. Pay telephone instruments may be coin operated, noncoin operated, prepay, postpay, central office controlled, instrument controlled, provided by local exchange carriers, or provided by other persons or entities.

(18) "Private telecommunications network" means a system, including the construction, maintenance, or operation of the system, for the provision of a service or any portion of a service, by a person for the exclusive use of that person and not for resale, directly or indirectly. Private telecommunications network includes services provided by the State of Oregon pursuant to ORS 190.240 and 283.140.

(19) “Retail telecommunications service” has the same meaning as provided in ORS 759.400.

(20) "Shared service" means shared telecommunications service as defined in ORS 759.005(6) and:

(a) The provision of telecommunications and information management services and equipment:

(A) To a user group comprised of one person or association served by a single telecommunications system;

(B) Located in a single building or in several buildings on contiguous property;

(D) Through privately owned customer premises equipment and associated data processing and information management services; and

(b) Includes connection to local exchange service.

(21) "Telecommunications provider" or "provider" includes competitive providers, cooperatives, telecommunications utilities and includes, for the purpose of this Division, commercial mobile radio service providers and interconnected VoIP service providers.

(22) "Telecommunications service" or "service" means two-way switched access and transport of voice communications, and all services provided in connection with such services. For the purpose of this Division "telecommunication service" or "service" includes commercial mobile radio service and interconnected VoIP service, and does not include:

(a) One-way transmission of television signals;

(b) Surveying;

(d) Customer communications that take place on the customer's side of the network interface.

(23) “Telecommunications utility” means a person who is not a competitive provider and is designated as a telecommunications utility under OAR 860-032-0010.

(24) “UNE loop” means an unbundled network element loop.

(25) “Wire center” has the same meaning as provided in OAR 860-032-0012.

History

Statutory/Other Authority: ORS Ch. 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.005 & ORS 759.020
PUC 9-2022, amend filed 09/29/2022, effective 09/29/2022
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
PUC 7-2017, amend filed 10/06/2017, effective 10/06/2017
PUC 5-2016, f. & cert. ef. 11-22-16

Or. Admin. R. 860-100-0100 General Provisions

(1) For the purpose of this Division, each calendar year has four quarters as follows: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31.

(2) Each telecommunications provider must pay into the OUS Fund, on a quarterly basis, an amount of the provider’s retail telecommunications service gross billable revenue, as may be established by the Commission. This amount shall not exceed 6.0 percent of the provider’s retail telecommunications service gross billable revenue.

(3) A contributor to the OUSF may recover the Oregon universal service charge from its customers subject to all other applicable statutes and rules of the Commission for setting a surcharge. A contributor to the OUSF who imposes such a surcharge on customers may not exceed the percentage established under section (2) of this rule.

(4) For the purpose of this Division, there are three worksheet forms that a telecommunications provider must complete and file when required to do so under these rules. The forms are available at: http://www.puc.state.or.us/ousf/Pages/index.aspx. Form OPUC OUS 1 is titled “Oregon Universal Service Identification Worksheet” and is referenced in these rules as the “identification worksheet.” Form OPUC OUS 2 is titled “Oregon Universal Service Contribution Worksheet” and is referenced in these rules as the "contribution report." Form OPUC OUS 3 is titled “Oregon Universal Service Support Distribution Worksheet” and is referenced in these rules as the “distribution worksheet.”

(5) Each report and worksheet that a telecommunications provider is required to file with the OUS Administrator under this Division is considered filed when received by the OUS Administrator.

(6) A telecommunications provider may pay any amounts due to the Public Utility Commission (Commission) by electronic transfer.

(7) The Commission may add all costs incurred in collecting a past-due OUS Fund contribution amount. In the event the Commission refers the debt to the Department of Revenue or to a collection agency, the Commission may add to the debt the anticipated amount necessary to generate a net return to the Commission of the amount of the debt.

(8) A telecommunications provider must pay a service fee in accordance with OAR 860-001-0050 for each payment returned for non-sufficient funds.

(9) In addition to any other penalty, obligation or remedy provided by law, the Commission may suspend or cancel the telecommunications provider's certificate of authority to provide telecommunications service in Oregon for that telecommunications provider's failure to file any report or worksheet required under these rules or for its failure to pay its contribution amount in full.

(10) Except as otherwise provided by law, if after an audit or review the Commission determines that the telecommunications provider has overpaid its OUS Fund contribution amount, the Commission will provide the telecommunications provider a credit in that amount against sums subsequently due from the telecommunications provider.

(11) In computing any time prescribed or allowed by these rules, the day of the act or event from which the designated time begins to run may not be included. The last day of the time period must be included, unless it is a Saturday or legal holiday, including Sunday, in which event the period runs until the end of the next day that is not a Saturday or a legal holiday. Legal holidays are those identified in ORS 187.010 and 187.020.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015, ORS 759.425 & OL 2017, ch. 32
PUC 9-2022, amend filed 09/29/2022, effective 09/29/2022
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
PUC 7-2017, amend filed 10/06/2017, effective 10/06/2017
Renumbered from 860-032-0610, PUC 5-2016, f. & cert. ef. 11-22-16
PUC 18-2004, f. & cert. ef. 12-30-04
PUC 23-2002, f. & cert. ef. 12-9-02

Or. Admin. R. 860-100-0105 Identification Worksheet

(1) A telecommunications provider must complete and file an initial identification worksheet with the OUS Administrator within 30 calendar days of notification by the OUS Administrator that the identification worksheet is due.

(2) A telecommunications provider must complete and file a corrected identification worksheet with the OUS Administrator within 30 calendar days of any change to its business name, organization structure, mailing address, contact person or certifying officer.

(3) A telecommunications provider must complete and file an identification worksheet on an annual basis with the OUS Administrator. A provider must file its annual identification worksheet by February 10th each calendar year.

(4) A telecommunications provider must identify the method it uses to determine the jurisdictional split of revenues attributable to the OUS Fund in each identification worksheet.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
PUC 7-2017, adopt filed 10/06/2017, effective 10/06/2017

Or. Admin. R. 860-100-0110 Quarterly OUS Fund Reporting: Filing and Payment

(1) For the purpose of the OUS fund, a telecommunications provider must file its contribution report with the OUS Administrator. For the first quarter (January through March) the contribution report is due on or before May 28, for the second quarter (April through June) it is due on or before August 28, for the third quarter (July through September) it is due on or before November 28, and for the fourth quarter (October through December) it is due on or before February 28 of the following year. The contribution report must include the signature of an officer of the telecommunications provider, or an officer’s designee, verifying the accuracy of the information in the contribution report. In the case of the electronic filing, the required signature is an electronic signature. A telecommunications provider must send or transmit its contribution report so that it is received in the OUS Administrator's offices no later than 5 p.m. on the date it is due.

(2) A telecommunications provider must file the contribution report for each quarter with no exceptions, including when the contribution amount shown on the report is $0.00.

(3) The amount shown on the contribution report referenced in section (1) of this rule is due and payable by the telecommunications provider on or before the following days: February 28, May 28, August 28, and November 28. A telecommunications provider must send payment (electronically or by mail) so that it is received in the Commission's offices by no later than 5 p.m. on the date it is due.

(4) If the telecommunications provider’s contribution amount for a quarter is less than a minimum of $10 (i.e., $9.99 or less), the telecommunications provider is not required to pay the contribution amount for that quarter but it must still file its contribution report. If the telecommunications provider has outstanding amounts owing for contributions, late statement fees, late payment penalties, and interest totaling more than the $10 minimum amount, this section does not apply and the total amount is due and payable.

(5) If a telecommunications provider fails to file a contribution report as required by these rules, the Commission will impose a late report fee of $100.

(6) If a telecommunications provider files a contribution report but fails to pay the contribution amount in full on or before the day it is due, the Commission will add a late payment fee equal to nine percent (9%) of the unpaid amount of the contribution, up to a maximum of $500.

(7) If a telecommunications provider fails to pay the contribution amount in full on or before the day it is due, the Commission will add interest on the unpaid contribution amount at the rate of nine percent per annum from the day payment was due until paid.

(8) If the amount shown due on a contribution report is not paid on the due date, the Commission may issue a written notice of proposed assessment or proposed order to set the sum due. The Commission may waive the late report fee, the late payment fee, the interest on the unpaid contribution amount, or any combination thereof, if the provider requests the waiver and provides evidence showing that the provider paid its contribution amount late due to circumstances beyond its control.

(9) A telecommunications provider must submit revisions to a previously-filed contribution report no later than three years from its due date. If making the refunds arising from one or more Commission-verified revised contribution reports received from the telecommunications provider would have a material financial impact on the OUS fund, the OUSF Board may enter into an agreement with the telecommunications provider to spread payment of the refunds over a time period not to exceed three years.

(10) For the purpose of its contribution reports to the OUS Fund, a commercial mobile radio service provider and an interconnected VoIP service provider may use one of the following methods to allocate its revenue from commercial mobile radio service and interconnected VoIP service, but must use the same method for the OUS Fund that it uses for the federal universal service fund assessment for the corresponding time period:

(a) The FCC safe harbor allocation specified in the Instructions to the Telecommunications Reporting Worksheet, FCC Form 499-A; or

(b) A traffic study if that traffic study meets the requirements described in the Instructions to the Telecommunications Reporting Worksheet, FCC Form 499-A, and was filed with the Universal Service Administration Company (USAC) for the corresponding time period; or

(c) Another means of accurately classifying revenues from commercial mobile radio service and interconnected VoIP service between federal and state jurisdictions.

(11) A provider that provides, to multiple locations, shared simultaneous voice channel capacity configured to provide local dial in different states, the revenue subject to the surcharge shall be only the portion of the shared capacity in this state as identified:

(a) By information itemizing, on the billing statements provided to customers, the charges subject to the surcharge, as may be identified by individual end-user location, the total number of end users and the number of end users at each end-user location; or

(b) If information described in (a) of this rule does not exist, by the provider’s billing system books and records.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
Renumbered from 860-032-0620, PUC 5-2016, f. & cert. ef. 11-22-16
PUC 4-2010, f. & cert. ef. 9-10-10
PUC 3-2009, f. & cert. ef. 4-14-09
PUC 23-2002, f. & cert. ef. 12-9-02

Or. Admin. R. 860-100-0115 Distribution Worksheet

A competitive provider that has been designated as eligible for OUS Fund support must record its number of basic service access lines at the end of the calendar month (referred to as the recording month) on the distribution worksheet by wire center or exchange and must file the completed worksheet with the OUS Administrator no later than 40 days after the end of the recording month, i.e., by the tenth day of the second month following the close of each month. Disbursements based on lines recorded by the 10th of each month will be made at the end of the month.

History

Statutory/Other Authority: ORS 183, 192, 756 & 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 5-2022, amend filed 07/26/2022, effective 07/27/2022
PUC 7-2017, adopt filed 10/06/2017, effective 10/06/2017

Or. Admin. R. 860-100-0120 Estimated Report

(1) For any quarter for which a telecommunications provider fails to file a contribution report as required by these rules, the Commission may make a proposed contribution assessment based upon any information available to the Commission.

(2) The proposed assessment will include a late payment fee equal to 9 percent of the proposed assessment amount, up to a maximum of $500 for that quarter.

(3) Each proposed assessment will bear interest on the amount proposed at the rate of 9 percent per annum from the day the contribution amount was originally due.

(4) The Commission's proposed assessment for a non-filed contribution report must be made no later than three years after the contribution report's due date.

(5) Notwithstanding section (4) of this rule, if the telecommunications provider did not hold a certificate of authority and was required to do so in order to provide service, the Commission has an unlimited time to propose an assessment for the time period represented by the non-filed contribution report. The proposed assessment will include all late payment fees and interest as specified in this rule.

(6) Prior to the expiration of the period allowed for filing a petition for a hearing, the telecommunications provider may file its contribution report. The Commission will accept the report and calculate late report fees, late payment fees, and interest in accordance with the original due date for that quarter's contribution report and payment, if any, accompanying the report.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
Renumbered from 860-032-0630, PUC 5-2016, f. & cert. ef. 11-22-16
PUC 23-2002, f. & cert. ef. 12-9-02

Or. Admin. R. 860-100-0125 OUS Fund Support Portability

(1) OUS Fund support is portable, on a per line basis for basic telephone service, from a telecommunications utility to a competitive provider that has been designated by the Commission as eligible for support in the same geographic support area.

(2) In support areas that are served by both a telecommunications utility and a competitive provider, distributions from the OUS Fund will be shared in the following manner:

(a) For customer lines served by a competitive provider’s own loop facilities, the competitive provider may receive the full OUS Fund support amount per line based on the amount available for the support area.

(b) For customer lines served by a competitive provider that resells a telecommunication utility’s supported retail service and does not provide service with its own loop facilities, the competitive provider may not receive OUS Fund support.

(c) For customer lines served by UNE loops leased from a telecommunications utility by a competitive provider, the utility and the competitive provider may share the OUS Fund support amount per line.

(d) For customer lines served by Warm Springs Telecommunications Company, the support amount for these line for calendar year 2022 shall be as set forth in Table A of this rule.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 5-2022, amend filed 07/26/2022, effective 07/27/2022
PUC 9-2021, temporary amend filed 11/30/2021, effective 01/01/2022 through 06/29/2022
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
PUC 7-2017, adopt filed 10/06/2017, effective 10/06/2017

Or. Admin. R. 860-100-0130 Commission Audit and Proposed Assessment

(1) For any quarter for which a telecommunications provider's contribution report was due, the Commission may audit the telecommunications provider as the Commission deems necessary and practicable.

(2) The Commission's audit must be commenced no later than three years after the quarter's contribution report's due date. After completion of its audit, the Commission may propose to assess an additional contribution amount due from the telecommunications provider.

(3) In the event the telecommunications provider failed to file a contribution report for the quarter, the Commission will add to the proposed assessment a late payment fee equal to 9 percent of the amount of the proposed assessment, up to a maximum amount of $500.

(4) Each proposed assessment will bear interest on the additional amount proposed at the rate of 9 percent per annum from the day the original contribution amount was due.

(5) Notwithstanding section (2) of this rule, if the telecommunications provider did not hold a certificate of authority and was required to do so in order to provide service, the Commission has an unlimited time to audit the telecommunications provider for universal service charges.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
Renumbered from 860-032-0640, PUC 5-2016, f. & cert. ef. 11-22-16
PUC 23-2002, f. & cert. ef. 12-9-02

Or. Admin. R. 860-100-0140 Notice and Hearing on Proposed Orders and Assessments

(1) The Commission will provide written notice of the proposed order or proposed assessment to the telecommunications provider and allow the telecommunications provider an opportunity to request a hearing before the Commission.

(2) Within 30 days after service of the notice of proposed order or proposed assessment, a telecommunications provider may petition the Commission in writing for a hearing. If a petition is not filed within the 30-day period, the Commission will enter a final order or assessment based upon information in the Commission's files. If a petition is filed within the 30-day period, the Commission will grant the telecommunications provider a hearing and give the telecommunications provider at least 10 days’ notice of the time and place of the hearing.

(3) The telecommunications provider must specify in its petition all reasons it disputes the proposed order or the proposed assessment. The Commission shall conduct a hearing on the telecommunications provider's petition under its rules governing hearings and proceedings. Unless the telecommunications provider has filed an amended contribution report, the amount shown on the contribution report is not subject to challenge by the telecommunications provider.

(4) A Commission order deciding the petition becomes final after service of the Commission's order upon the petitioning telecommunications provider.

(5) A proposed assessment made by the Commission under these rules is due and payable on the 10th day after the Commission's order becomes final.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
Renumbered from 860-032-0650, PUC 5-2016, f. & cert. ef. 11-22-16
PUC 23-2002, f. & cert. ef. 12-9-02

Or. Admin. R. 860-100-0150 OUS Record-keeping Requirements

(1) A telecommunications provider must produce for inspection or audit upon request of the Commission or its authorized representative all records supporting its reports and worksheets required to be filed with the OUS Administrator. The Commission, or its representative, will allow the telecommunications provider a reasonable time to produce the records for inspection or audit.

(2) A telecommunications provider must keep all records supporting each report and worksheet required to be filed with the OUS Administrator for three years, or until a Commission review or audit is complete, whichever is later.

(3) In addition to any other penalty allowed by law, the Commission may suspend or cancel a telecommunications provider's certificate of authority to provide telecommunications service for its failure to produce for inspection or audit the records required by this rule.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
PUC 7-2017, amend filed 10/06/2017, effective 10/06/2017
Renumbered from 860-032-0660, PUC 5-2016, f. & cert. ef. 11-22-16
PUC 23-2002, f. & cert. ef. 12-9-02

Or. Admin. R. 860-100-0160 Refund of Oregon Universal Service Surcharge

(1) A Pay Telephone provider may apply for a refund of the Oregon Universal Service (OUS) surcharge imposed on, and paid by, the provider under ORS 759.425(4) for the provision of Pay Telephone service.

(2) An application for a refund of the OUS surcharge under this rule will be on forms prescribed by the Public Utility Commission.

(a) An application must contain the applicant's:

(A) Name;

(B) Address;

(D) Time period for which the application is made;

(E) Name of Pay Telephone provider;

(F) Contact person;

(G) Requested refund;

(H) Number of Pay Telephones located in Oregon;

(I) Signature of responsible party;

(J) Affidavit of charges and payment; and

(K) Mailing address for refund.

(b) The Pay Telephone provider is responsible for contacting the Commission to obtain an application form. Forms are available on the Commission's website or by contacting the Commission by telephone.

(3) Applications for refund under this rule must be made on a quarterly basis. Applications must be received by the Commission no later than 180 days after the end of each time period for which a refund is claimed. The quarterly time periods are July 1 through September 30, October 1 through December 31, January 1 through March 31, and April 1 through June 30.

(a) For good cause shown, the Commission may allow a pay telephone provider to submit its application for refund beyond the 180-day deadline.

(b) Applications for service rendered and payments made prior to July 1, 2003, will not be considered.

(4) A Pay Telephone provider must produce for inspection or audit upon request of the Commission, or its authorized representative, all records supporting its application for refund. The Commission, or its authorized representative, will allow the Pay Telephone provider a reasonable time to produce the records for inspection or audit. A Pay Telephone provider must keep all records supporting each refund application for three years, or until a Commission review or audit is complete, whichever is later.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 759.425(8)
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
Renumbered from 860-032-0670, PUC 5-2016, f. & cert. ef. 11-22-16
PUC 7-2003, f. & cert. ef. 4-28-03

Or. Admin. R. 860-100-0200 OUS Fund Support Eligibility

(1) A provider that has been designated by the Commission as eligible to receive support from the OUS Fund in a specific geographic area, may receive a distribution from the OUS Fund, provided that it:

(a) Holds a certificate of authority issued under ORS 759.020;

(b) Offers all supported services included in basic telephone service;

(c) Offers, throughout the provider’s designated service area, all supported services included in basic telephone service;

(d) Uses the provider’s own facilities, leased UNE facilities, or a combination of its own or leased facilities and resale of another provider’s retail services to provide the supported services;

(e) Will use funds distributed from the OUS Fund for investment, construction, operation, maintenance, and repair to ensure that basic telephone service is available at reasonable and affordable rates in areas designated by the Commission for support;

(f) Advertises the supported services included in basic telephone service;

(g) Is certified by the Commission to offer and advertise Oregon Telephone Assistance Program supported services or a Commission-approved alternative plan, along with Tribal Lifeline and Tribal Link Up benefits, in compliance with Oregon Administrative Rules Chapter 860, Division 33;

(h) Has the ability to remain functional during emergencies;

(i) Is committed to and maintains service quality and consumer protection standards as required under OAR 860-023-0055 and OAR 860-034-0390;

(j) Demonstrates that the provision of support is in the public interest; and

(k) Meets all Commission reporting requirements related to OUS Fund contributions and distributions.

(2) To be designated by the Commission as eligible to receive support from the OUS Fund, a competitive provider must petition the Commission for such designation in a specific geographic area and must demonstrate through its petition that the provider can meet the criteria listed in Section 1(a)-(k) of this rule.

(3) A telecommunications provider is not eligible to receive an OUS Fund distribution following the Commission’s issuance of an order with an outstanding fee assessment for failing to comply with the conditions of its Certificate of Authority, until the terms of the order are satisfied.

(4) A telecommunications provider is not eligible to receive an OUS Fund distribution in any month in which its Certificate of Authority has been cancelled by the Commission.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021
PUC 7-2017, adopt filed 10/06/2017, effective 10/06/2017

Or. Admin. R. 860-100-0251 OUS Fund Support Distributions

(1) For customer lines served by telecommunications utilities, the support amount for these lines for the calendar year 2022 shall be a continuation of the amounts provided for in Appendix A to Public Utility Commission Order No. 16-093, as corrected by Public Utility Commission Order No. 16-102, as set forth in Table A of this rule.

(2) The support amount for qualified competitive providers for the calendar year 2022 will be adjusted to reflect the percent reduction that has occurred for the specific Non-Rural Company that owns the wire center between 2016 and the date the support amount is being calculated. Any review of support amounts stipulated in previous orders has been suspended for calendar year 2022.

(3) Beginning January 1, 2023, the administrator shall make a monthly disbursement to each telecommunications provider that has been designated by the Commission as eligible to receive support from the OUS Fund in a specific geographic area, and when the Commission has calculated that support is required in that area, and funds are available to make a disbursement.

(a) Monthly disbursements shall be processed before the 28th day of the month.

(b) The amount of each telecommunications utility's monthly disbursement shall be one-twelfth of its annual determined support amount.

(4) The administrator shall not pay, and shall hold in escrow, any disbursements otherwise due to an eligible provider that is also a contributing company if that company is not in compliance with its contribution requirements.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 5-2022, adopt filed 07/26/2022, effective 07/27/2022

Or. Admin. R. 860-100-0300 OUS Fund Support Disbursement Calculations

(1) The provisions of this rule apply to the calculation of disbursements made on or after January 1, 2023.

(2) The Commission uses the Cost Quest model, or a similar model approved by the Commission to calculate total support amounts. The model will be used to assist in setting a benchmark for basic telephone service, calculate the cost of providing basic telephone service, and to calculate the difference between the cost and the benchmark, minus the explicit compensation and support identified in ORS 759.425. When the cost, after subtracting the explicit compensation and support identified in ORS 759.425, as applicable, exceeds the applicable benchmark in a particular geographic support area, the Commission may designate the support area as one requiring support from the OUS Fund.

(a) For purposes of this rule, “support area” may mean a census block or a wire center.

(b) The Commission may establish a different benchmark for a support area, based on the following considerations:

(A) changes in competition in the telecommunications industry;

(B) changes in federal universal service support; or

(C) other relevant factors as determined by the commission, including but not limited to whether it contains tribal lands, as defined in 47 C.F.R. 54.5.

(3) The Commission will identify initial total required support amounts for all support areas using the approved cost model and adjust the required support for a support area as necessary annually in 2023 and 2024 and then every five years thereafter, beginning in 2029. On or before October 31 of a year in which support amounts must be identified, Commission staff shall prepare a report that details the calculation of required support amounts for Commission review and approval and submit a recommendation to the Commission to designate the amount to be disbursed from the fund to ensure basic telephone service beginning the next calendar year. In making its recommendations, Staff will consider stakeholder feedback through a public process and Staff’s annual report will be filed sufficiently in advance to allow for public comment.

(a) The available amount to be disbursed from the fund will be split into two categories for purposes of allocating the required support at the support area level between:

(A) Category one: The large company pool, which consists of support for support areas served by a telecommunications provider or affiliated group of telecommunications providers that serves 50,000 or more access lines in Oregon.

(B) Category two: The small company pool, which consists of support for support areas served by a telecommunications provider or affiliated group of telecommunications providers that serves fewer than 50,000 access lines in Oregon.

(b) The size of the Category one and Category two pools will be proportionally reduced to reflect the amount available to be disbursed from the fund when the amount available from the fund, given statutory limits, is less than the required support amount in a given year.

(c) The support amount for an individual telecommunications provider is based on an allocation of the applicable category pool. Each pool will be allocated among eligible telecommunications providers as follows:

(A) Category one: The large company pool will be allocated using the Cost Quest or a similar model approved by the Commission, with annual updates, as necessary.

(B) Category two: The small company pool will be allocated using the historic embedded cost model as described in Commission Order No. 03-082. The Commission will use historic cost data submitted by a provider on Form I to the Commission.

History

Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425
PUC 5-2022, adopt filed 07/26/2022, effective 07/27/2022

Division 150 Renewable Natural Gas

Or. Admin. R. 860-150-0005 Purpose, Scope, and Applicability

(1) The purpose of these rules is to set forth the requirements governing renewable natural gas programs for large natural gas utilities and for small natural gas utilities.

(2) These rules apply to purchases of renewable natural gas and to qualifying investments in renewable natural gas infrastructure by large and small natural gas utilities, as defined herein.

(3) Nothing in these rules prohibits or limits the ability of a natural gas utility to file a rate schedule under which a retail natural gas customer may elect to pay a special rate for a quantity of renewable natural gas equivalent to all or a portion of that customer’s natural gas usage, consistent with the filing requirements under ORS 757.205, ORS 757.210, ORS 757.220, OAR Chapter 860, Division 22 and any other applicable requirements specified by the Commission in rule or order.

(4) Upon request or its own motion, the Commission may waive any of the Division 150 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS 183, 756, 757
Statutes/Other Implemented: ORS 757.394, 757.396, 757.398
PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020

Or. Admin. R. 860-150-0010 Definitions

For purposes of this Division, except when a different scope is explicitly stated:

(1) “Biogas” has the meaning given that term in ORS 757.392.

(2) “Carbon intensity” or “CI” means the amount of lifecycle greenhouse gas emissions per unit of energy of fuel expressed in grams of carbon dioxide equivalent per megajoule (gCO2e/MJ).

(3) “CFP Online System” has the meaning given that term in OAR 340-253-0040.

(4) “DEQ” means the Oregon Department of Environmental Quality.

(5) “Environmental attributes” means any and all environmental claims, credits, benefits, emissions reductions, offsets, and allowances attributable to the production of renewable natural gas and its avoided emission of pollutants. The environmental attributes of renewable natural gas include, but are not limited to, the avoided greenhouse gas emissions associated with the production, transport, and combustion of a quantity of renewable natural gas compared with the same quantity of geologic natural gas. Environmental attributes do not include:

(a) The renewable natural gas itself or the energy content of that gas;

(b) Any tax credits associated with the construction or operation of the renewable natural gas production facility, and any other financial incentives in the form of credits, reductions, or allowances associated with the production of renewable natural gas that are applicable to a state, provincial, or federal income taxation obligation;

(c) Fuel- or feedstock-related subsidies or “tipping fees” that may be paid to the seller to accept certain fuels, or local subsidies received by the renewable natural gas production facility for the destruction of particular pre-existing pollutants or the promotion of local environmental benefits; or

(d) Emission reduction credits encumbered or used by the renewable natural gas production facility for compliance with local, state, provincial, or federal operating and/or air quality permits.

(6) “General rate revision” has the meaning given that term in OAR 860-022-0017.

(7) “Geologic natural gas” means any natural gas from geologic or non-renewable resources, whether extracted by conventional or unconventional means.

(8) “Large natural gas utility” has the meaning given that term in ORS 757.392.

(9) “M-RETS” means the regional renewable energy certificate system and trading mechanism known as the Midwest Renewable Energy Tracking System, Inc.

(10) “Natural gas utility” has the meaning given that term in ORS 757.392.

(11) “OR-GREET” has the meaning given that term in OAR 340-253-0040.

(12) “Pathway” means a detailed description of all stages of renewable natural gas production and use for a source of RNG, including feedstock generation, production, cleaning or conditioning, transportation, distribution, and combustion of the renewable natural gas by the consumer. The fuel pathway is used to calculate the carbon intensity of each source of renewable natural gas.

(13) “Production facility” means any facility at which biogas or hydrogen is produced, cleaned, conditioned, upgraded, purified, or processed to meet standards for injection to a natural gas common carrier pipeline as renewable natural gas.

(14) “Qualified investment” has the meaning given that term in ORS 757.392.

(15) “Renewable natural gas” or “RNG” has the meaning given that term in ORS 757.392.

(16) Renewable thermal certificate” or “RTC” means a unique representation of the environmental attributes associated with the production, transport, and use of one dekatherm of renewable natural gas.

(17) “Small natural gas utility” has the meaning given that term in ORS 757.392.

(18) “Target year” means a calendar year, beginning with the year 2020 through and including the year 2050, for which ORS 757.396 establishes portfolio targets for the percentage of gas purchased by a large natural gas utility for distribution to retail natural gas customers in Oregon that is renewable natural gas.

(19) “Tier 1 calculator” or “Simplified calculator” has the meaning given that term in OAR 340-253-0040.

(20) “Tier 2 calculator” has the meaning given that term in OAR 340-253-0040.

History

Statutory/Other Authority: ORS 183, 756, 757
Statutes/Other Implemented: ORS 756.040, 757.020, 757.394
PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020

Or. Admin. R. 860-150-0050 Environmental Attributes and Renewable Thermal Certificates

(1) The environmental attributes of RNG produced or purchased pursuant to these rules must include, but is not limited to, an estimated carbon intensity for the pathway utilized to produce, transport, and deliver RNG to a retail natural gascustomer.

(2) Each large natural gas utility and each small natural gas utility that is authorized by the Commission to participate in the RNG program under these rules must use RTCs to track the chain of custody of the environmental attributes of RNG that is produced or purchased for the utility’s retail natural gas customers in Oregon. RTCs used for compliance with these rules must be issued, monitored, accounted for, and transferred by or through M-RETS.

(3) All entities that generate, acquire, purchase, sell, transfer, or broker the trade of RTCs for eventual use by a natural gas utility under these rules must register and maintain accounts in good standing with the M-RETS renewable energy certificate system. A natural gas utility may not use RTCs under these rules that are issued by, acquired from, or transferred by an entity that has not complied with all information, data reporting and verification requirements of the M-RETS system, including payment of registration and transaction costs.

(4) Each entity that generates RTCs pursuant to these rules must estimate the carbon intensity of the pathway for the RNG. To estimate the carbon intensity of the RNG, the entity generating RTCs must use one of the following, as appropriate to the pathway in question:

(a) A Tier 1 OR-GREET calculator or simplified calculator published by DEQ for the Clean Fuels Program;

(b) A Tier 2 OR-GREET calculator published by DEQ for the Clean Fuels Program;

(c) A Tier 1 CA-GREET calculator published by the California Air Resources Board (CARB) for use in the California Low Carbon Fuel Standards (LCFS) program, with the transportation and distribution cells modified for that RNG’s pathway to Oregon;

(d) A Tier 2 CA-GREET calculator published by CARB for use in the LCFS program, with the transportation and distribution cells modified for that RNG’s pathway to Oregon; or

(e) A methodology that a natural gas utility may otherwise be directed to use by Commission order.

(5) For any of the calculators described in section (4), entities submitting documentation to M-RETS are not required to use cells that would not apply to RNG delivered to retail natural gas utility customers, such as compression above normal pipeline pressures that would only be appropriate for compressed natural gas (CNG) vehicle fuels. In the Natural Gas Transport cells of the calculators, an entity may use the pipeline distance to a large or small natural gas utility’s city gate instead of pipeline distance to a CNG station.

(6) Each entity that generates RTCs pursuant to these rules must provide documentation to M-RETS regarding the carbon intensity of the pathway in question pursuant to section (4). That documentation must include:

(a) One of the calculators described in section (4), with the appropriate cells modified and values entered for the pathway in question; and

(b) A resultant carbon intensity value for the pathway in question.

(7) Upon the Commission’s request, each large natural gas utility and each small natural gas utility that participates in the RNG program must provide documentation to demonstrate that, for each RTC the natural gas utility purchased or otherwise acquired, one dekatherm of RNG was delivered to an injection point on a natural gas common carrier pipeline.

(8) A large natural gas utility must retire one RTC in the M-RETS system for each dekatherm of RNG counted towards the annual targets for a large natural gas utility established in ORS 757.396.

(9) A small natural gas utility participating in the RNG program described in these rules must retire one RTC in the M-RETS system for each dekatherm of RNG counted towards the quantity of RNG the utility specified in its filing with the Commission pursuant to OAR 860-150-0400.

(10) Once retired, a RTC may not be sold, transferred, or claimed again by a natural gas utility or any other entity.

(11) A large natural gas utility or a small natural gas utility participating in the RNG program described in these rules must obtain attestation from the RTC generator demonstrating that:

(a) The entity claiming the environmental attributes represented by each RTC has the exclusive right to claim environmental attributes associated with the RNG;

(b) The environmental attributes, and the RTC that represents those attributes, are associated with RNG produced by a specific entity, in a specific location, using a specific process and a specific pathway; and

(12) Each large natural gas utility and each small natural gas utility participating in the RNG program must retain the attestation s described in section (11) and make them available for review by the Commission upon request.

(13) Each large natural gas utility and each small natural gas utility participating in the RNG program described in these rules must maintain records of each RTC retired under the RNG program, as well as the attestation s described in section (11), for a minimum of five (5) years after the date on which the RTC was retired.

(14) The attestation described in section (11) of this rule may be made, stored, transferredand retained electronically through the M-RETS systemto satisfy the requirements of sections (12) and (13) of this rule , or through another means specified by the Commission.

(15) Large natural gas utilities and small natural gas utilities may be directed by Commission order to use a generally-applicable RTC tracking system instead of the M-RETS system. In that event, all references to the M-RETS system in sections (2) through (14) of this rule shall apply to the designated RTC tracking system.

(16) For a large natural gas utility, an RTC generated during the target year, the preceding year or the subsequent year may be retired to comply with the annual RNG targets established in ORS 757.396. For a small natural gas utility, an RTC may be retired during the year in which it is generated, during the subsequent year, or retired and applied to the year preceding the year the RTC was generated.

(17) An unused RTC expires, for the purposes of these rules, at 11:59 p.m. on December 31 of the year subsequent to the year during which the RTC was generated. A natural gas utility may not use an expired RTC to comply with these rules.

History

Statutory/Other Authority: ORS 183, 756, 757
Statutes/Other Implemented: ORS 757.394, 756.105
PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020

Or. Admin. R. 860-150-0100 Renewable Natural Gas Resource Planning

(1) Each large natural gas utility and small natural gas utility must, as part of an integrated resource plan filed after August 1, 2020, include information relevant to the RNG market, prices, technology, and availability that would otherwise be required under the Commission’s Integrated Resource Plan Guidelines, by order of the Commission, or by administrative rules.

(2) In addition to the information required under section (1), a large natural gas utility must also include in each integrated resource plan:

(a) Information about opportunities, challenges, and the natural gas utility’s strategy for meeting annual RNG targets in ORS 757.396 during the period of the integrated resource plan’s action plan; and

(b) The cost effectiveness calculation that the utility will use to evaluate RNG resources, pursuant to OAR 860-150-0200.

(3) In addition to the information required under section (1), each small natural gas utility must also include in its integrated resource plan:

(a) An indication whether and when the utility expects to make a filing with the Commission, pursuant to OAR 860-150-0400, of its intent to begin participating in the RNG program described in these rules, if the utility has not already started to participate in the RNG program;

(b) Information about opportunities, challenges, perceived barriers, and the natural gas utility’s strategy for participation in the RNG program described in these rules; and

(c) The cost effectiveness calculation that the utility will use, pursuant to OAR 860-150-0200, to evaluate RNG resources, if the utility has not already filed this with the Commission pursuant to OAR 860-150-0400.

(4) The requirements of this rule are in addition to all requirements concerning integrated resource plans contained in OAR 860-027-0400 and as specified by Commission Order Numbers 07-002 and 07-047.

History

Statutory/Other Authority: ORS 183, 756.040, 757.262
Statutes/Other Implemented: ORS 756.040, 757.262
PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020

Or. Admin. R. 860-150-0200 Incremental Costs

(1) For the purposes of ORS 757.396, a large natural gas utility must calculate its total incremental annual cost as follows:

(a) A large natural gas utility must apply a cost-effectiveness calculation to all RNG that the utility acquires for its retail natural gas customers. The cost-effectiveness calculation must be consistent with the methodology used to evaluate RNG resources in the utility’s most recently acknowledged integrated resource plan, or integrated resource plan update, or as the utility may otherwise be directed by order of the Commission;

(b) For each purchase of RNG from a third party that is not cost effective according to the calculation in subsection (1)(a) of this rule, the dollar value of the difference between the levelized cost of the purchased RNG and the levelized cost ofa cost-effective purchase of a comparable quantity of geologic natural gas of the same vintage and contract duration represents the incremental cost of that purchased RNG. During each year, the incremental cost of all RNG purchases will be summed to calculate their contribution toward the utility’s total annual incremental cost;

(c) For each purchase of RNG from a third party that is cost effective according to the calculation in subsection (1)(a) of this rule, the dollar value of the difference between the levelizedcost of the purchased RNG and the levelized cost of a comparable quantity of geologic natural gas of the same vintage and contract duration represents the cost savings of that purchased RNG. During each year, the cost savings of all RNG purchases will be summed and subtracted from the incremental cost of RNG purchases described in subsection (1)(c);

(d) For each qualified investment that is not cost effective according to the calculation in subsection (1)(a) of this rule, the dollar value of the difference between the cost of the qualified investment plus operating costs associated with that investment and a cost-effective proxy resource represents the incremental cost of that qualified investment;

(e) For each qualified investment that is cost effective according to the calculation in subsection (1)(a) of this rule, the dollar value of the difference between the cost of the qualified investment plus operating costs associated with that investment and a proxy resource represents the cost savings of that qualified investment;

(f) During each year, the levelized incremental costs associated witheach qualified investment described in subsections (1)(d)and (1)(e)must be summed to calculate a gross total annual incremental levelized cost; and

(g) To calculate a net total annual incremental levelized cost, a large natural gas utility must sum the value calculated according to subsection (1)(b) and the gross total annual incremental levelized cost according to subsection (1)(f), then subtract from this total any value received during that year by a large natural gas utility upon any resale of RNG to an entity other than a retail utility customer, including any associated RTCs.

(2) The resultant net cost described in subsection (1)(d) will serve as a large natural gas utility’s total incremental annual levelized cost for the purposes of ORS 757.396 and these rules.

(3) If a large natural gas utility’s total incremental annual levelized cost exceeds five percent of the large natural gas utility’s total revenue requirement from the utility’s normalized results of operations report that was most recently filed with the Commission, the large natural gas utility may not make another qualified investment during that year unless:

(a)The large natural gas utility immediately files a petition with the Commission to exceed its revenue requirement cap, stating that it has exceeded or expects to exceed the five percent of total revenue requirement cap;

(b) In its filing, the large natural gas utility shows good cause why it should continue to make qualified investments that year to meet the applicable annual RNG target volume set forth in ORS 757.396;

(c) In its filing, the large natural gas utility identifies the number of, and associated costs for, all qualified investments made during that year as of the date of the filing;

(d) In its filing, the large natural gas utility identifies all the qualified investments that it intends to make before the end of the year and the total anticipated costs associated with those additional investments;

(e) In its filing, the large natural gas utility requests the Commission’s approval to continue making qualified investments during that year; and

(f) The Commission approves the utility’s request to continue making qualified investments during that year.

(4) After a large natural gas utility makes a filing pursuant to section (3), the Commission generally will consider whether to approve or deny the utility’s petition, or to conduct further investigation, within thirty days of the filing. The Commission may consider comments on the petition from interested persons that are filed within fifteen days of the utility’s petition.

History

Statutory/Other Authority: ORS 756, 757
Statutes/Other Implemented: ORS 757.396
PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020

Or. Admin. R. 860-150-0300 Mechanisms for Recovery of Prudently Incurred Costs by Large Natural Gas Utilities

(1) A large natural gas utility may make a filing, consistent with the requirements of OAR 860-022-0070 and other applicable rules of the Commission, seeking to pass through prudently incurred costs associated with the purchase of RNG to meet the annual targets for a large natural gas utility established in ORS 757.396, excluding qualified investments, by means of its purchased gas adjustment mechanism. Such costs may also include the utility’s cost of registration for the RTC tracking system described in OAR 860-150-0050, transaction costs for any RTCs acquired in association with the purchase of RNG from another entity, and transaction costs incurred to retire the RTCs associated with gas delivered to retail utility customers.

(2) In filings, annual earnings reviews, and quarterly updates associated with the purchased gas adjustment mechanism, a large natural gas utility must clearly identify costs of purchased RNG and the costs associated with RTCs described in section (1) of this rule.

(3) A large natural gas utility filing new or revised tariff schedules that constitute a general rate revision may seek to recover prudently incurred costs associated with qualified investments in its filing.

(4) A large natural gas utility may file a request that the Commission establish an automatic adjustment clause for recovery of prudent costs associated with qualified investments that meet criteria to be established by the Commission.

(5) If the Commission establishes an automatic adjustment clause pursuant to section (4), any rate adjustments made through this clause since the natural gas utility’s most recent general rate revision may be incorporated in the natural gas utility’s next general rate revision, as appropriate.

History

Statutory/Other Authority: ORS 756, 757
Statutes/Other Implemented: ORS 757.394, 757.396
PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020

Or. Admin. R. 860-150-0400 Mechanisms for Recovery of Prudently Incurred Costs by Small Natural Gas Utilities

(1) Before a small natural gas utility makes a qualified investment for the first time, or purchases RNG from a third-party producer with the intent to seek cost recovery in a new or revised tariff schedule, the utility must file a petition to participate in the RNG program with the Commission. In addition to the information required under ORS 757.398, the small natural gas utility’s petition must include:

(a) The total volume of RNG to be procured per year over a period concluding at the end of the last month of the test year used in the general rate revision filing, expressed as a percentage of all natural gas expected to be delivered to the utility’s retail customers in Oregon;

(b) Identification of qualified investments the small natural gas utility may make during the period specified in the filing, including the expected average cost and timing of those investments, and the average annual quantity of RNG those investments will produce;

(d) The expected value of any RNG that the small natural gas utility intends to sell to a party who is not a retail utility customer, including the value of any environmental credits that the utility may acquire from the RNG producer and resell;

(e) Any expected savings to be achieved through the avoidance of geologic natural gas costs, to be calculated in the manner described in OAR 860-150-0200(3);

(f) The costs of the identified annual RNG procurements and the levelized costs of all qualified investments expressed as a percentage of the utility’s total revenue requirement, where this requirement is that approved by the Commission in the utility’s most recently completed general rate revision;

(g) An assessment by the small natural gas utility of the relative cost effectiveness of the all qualified investments it intends to make during the period concluding at the end of the last month of the test year used in the general rate revision filing. This assessment must utilize the same formula utilized by a large natural gas utility pursuant to OAR 860-150-0200 or another formula specified by the Commission;

(h) The utility’s proposed annual rate cap limiting the cost of RNG purchases and qualified investments.

(2) The small natural gas utility may not make RNG purchases or qualified investments in excess of the annual rate cap established by the Commission, except in an instance where the anticipated annual costs would have remained below the cost cap but for an unforeseeable increase on construction costs associated with a qualified investment.

(3) After a small natural gas utility has made a complete filing pursuant to section (1), and after the Commission has approved the small natural gas utility’s filing and set a rate cap, the small natural gas utility may file a general rate revision to seek to recover prudently incurred costs associated with qualified investments consistent with its filing made under section (1).

(4) If the small natural gas utility wishes to revise its participation in the RNG program at any time, renew it after the end of the time period specified in the petition, make additional RNG purchases or qualified investments beyond those described in the filing, or request that the Commission revise the rate cap described in this section, the small natural gas utility must file a petition to modify or renew its RNG program with the Commission that contains the information required under section (1).

(5) The small natural gas utility may, as part of its petition described in section (1), include a request to pass through prudently incurred costs associated with the purchase of RNG from another entity to meet its target volumes as approved by the Commission, excluding qualified investments, by means of its purchased gas adjustment mechanism. Such costs may include the utility’s cost of registration for the RTC tracking system described in OAR 860-150-0050, transaction costs for any RTCs acquired in association with the purchase of RNG from another entity, and transaction costs incurred to retire the RTCs associated with gas delivered to retail utility customers.

(6) In filings, annual earnings reviews, and quarterly updates associated with the purchased gas adjustment mechanism, a small natural gas utility must clearly identify costs associated with the purchase of RNG and costs of compliance described in section of this rule.

(7) If the Commission has accepted a small natural gas utility’s petition to participate in the RNG program, the small natural gas utility may file a request that the Commission open an investigation to establish an automatic adjustment clause for recovery of prudently incurred costs associated with certain qualified investments.

History

Statutory/Other Authority: ORS 756, 757
Statutes/Other Implemented: ORS 757.394, 757.398
PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020

Or. Admin. R. 860-150-0500 Large Natural Gas Utility Investments in Biogas Production

(1) Pursuant to ORS 757.396, before making a qualified investment in biogas production that is upstream of conditioning equipment, pipeline interconnection or gas cleaning, a large natural gas utility must engage in a competitive bidding process as provided in this rule.

(2) A large natural gas utility must issue a request for proposals to initiate a competitive bidding process that contains the information required by section (3) of this rule.

(3) At a minimum, the utility’s request for proposals must include:

(a) A description of the project, specifications, delivery or performance schedule, inspection and acceptance requirements. This description must:

(A) Identify the scope of the work to be performed under the resulting contract, if the large natural gas utility awards one. The scope of work must require the contractor to comply with all applicable federal, state, and local laws, standards, and permit or inspection requirements;

(B) Outline the anticipated duties of the contractor under any resulting contract; and

(b) If the utility intends to hold a pre-offer conference:

(A) The time, date and location of any pre-offer conference;

(B) Whether attendance at the conference will be mandatory or voluntary; and

(C) A provision that provides that statements made by the large natural gas utility’s representatives at the conference are not binding upon the large natural gas utility unless confirmed by written addendum.

(c) The form and instructions for submission of bids and any other special information, including whether bids may be submitted by electronic means;

(d) How the large natural gas utility will notify bidders of addenda and how the large natural gas utility will make addenda available;

(e) Any minimum bidder requirements for credit and capability;

(f) The time, date and place of bid opening;

(g) Standard form contracts to be used in acquisition of resources;

(h) Language to allow bidders to negotiate mutually agreeable final contract terms that are different from the standard form contracts;

(i) The anticipated solicitation schedule, deadlines, protest process, and bid evaluation process;

(j) Bid evaluation and scoring criteria;

(k) A description of how the large natural gas utility will share information about bid scores, including what information about the bid scores and bid ranking may be provided to bidders and when and how it will be provided.

(4) A large natural gas utility will prepare and file a draft request for proposals for the Commission’s review and approval.This filing must include an explanation of how the draft request for proposals aligns with a need to acquire additional RNG production volume to meet current or future annual RNG targets identified in the large natural gas utility’s most recently acknowledged integrated resource plan, or alignment with subsequently identified need or change in circumstances.

(5) The Commission will generally issue a decision approving or disapproving the draft request for proposals within sixty (60) days after the draft request for proposals is filed. A large natural gas utility may request an alternative review period when it files the draft RFP for approval, including a request for expedited review, upon a showing of good cause.

(6) Once the Commission approves the draft request for proposals, the large natural gas utility may proceed with the request for proposals by issuing public notice on the utility’s website or through the utility’s electronic procurement system, if the company regularly uses such a system, and may further advertise the notice using additional media. This public notice must be issued and be publicly available for not less than thirty (30) days prior to closing of the opportunity to submit sealed bids.

(7) A large natural gas utility must provide the Commission with a copy of all bid documents submitted by all bidders upon the Commission’s request.

(8) A large natural gas utility is exempt from the requirements in sections (4) through (6) of this rule if:

(a) The large natural gas utility’s procurement process requires competitive bidding, the total project cost is not anticipated to exceed $25million, and the large natural gas utility can provide a copy of the request for proposals and all bid documents submitted by all bidders to the Commission upon the Commission’s request; or

(b) All of the following apply:

(A) A large natural gas utility is not the developer, owner, or operator of the biogas production facility;

(B) The request for proposals or other invitation for competitive bids for the project is issued by an entity that this not the large natural gas utility;

(D) The large natural gas utility submits a bid in response to the request for proposals, in competition with other bids that may be submitted, and the utility is awarded a contract only after all eligible bids are evaluated in accordance with the procedures of the entity that issued the request for proposals.

History

Statutory/Other Authority: ORS 756, 757
Statutes/Other Implemented: ORS 757.396
PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020

Or. Admin. R. 860-150-0600 Renewable Natural Gas Compliance Reports

(1) A large natural gas utility or a small natural gas utility that participates in the RNG program described in these rules must file an annual compliance report for each year that the utility participates in the program by making RNG purchases or qualified investments. Each compliance report will cover a calendar year, beginning January 1 through and including December 31. The first report is due on June 30 of the year following the first compliance year, and then annually on June 30 thereafter for as long as the utility continues to participate in the program.

(2) Each annual compliance report must include but not be limited to:

(a) The total volume of RNG acquired during the compliance year by type or source, including the volume as a percentage of the gas utility’s sales load delivered to retail customers;

(b) A detailed description of the natural gas utility’s expenditures that year on RNG purchases and on qualified investments;

(c) A summary of all transactions that year involving RTCs purchased, acquired, sold, transferred, or retired to comply with these rules;

(d) A list of all RTCs that the utility owned and that expired during the compliance year before the utility was able to retire them. The list must be accompanied by information about the value and source of these expired RTCs as well as an explanation for why the utility was not able to retire them prior to expiration;

(e) The number of unused, unexpired RTCs in the natural gas utility’s possession at the end of the compliance year, and the utility’s plan to fully utilize these certificates;

(f) The range of carbon intensity values and the average intensity value associated with the RTCs retired that year;

(g) Detailed information about qualified investments made during the compliance year, including but not limited to:

(A) The name of the facility where the qualified investment was made;

(B) The location of the facility where the qualified investment was made, including the city/town, county, and state;

(C) The type of facility. For example, the facility type includes but is not limited to a livestock feeding operation, a wastewater treatment plant, a food waste processing facility, a renewable-electricity-to-hydrogen, facility, and so forth;

(D) The total quantity of RNG produced by or procured from that facility during the compliance year;

(E) The expected future annual quantity of RNG to be produced by or procured from that facility;

(F) The average RNG output of the facility expressed in standard cubic feet per minute;

(G) The disposition of RNG produced by the facility but delivered to non-retail utility customers or to non-Oregon customers;

(H) The number and value of RTCs acquired along with the RNG produced by the facility;

(I) An estimate of the carbon intensity for RNG produced at the facility and using an appropriate pathway, pursuant to OAR 860-150-0050.

(3) A large natural gas utility’s annual compliance report must also include a detailed explanation of why the utility achieved, or did not achieve, that year’s RNG target volume as specified in ORS 757.396, to include identifying challenges or barriers to RNG market growth.

(4) A large natural gas utility must explain how annual RNG purchases and qualified investments made during the compliance year aligned with the actions described in the utility’s most recently acknowledged integrated resource plan.

(5) A large natural gas utility’s annual compliance report must include the total annual incremental costs incurred during the compliance year, calculated as described in OAR 860-150-0200, and expressed as a percentage of the utility’s total revenue requirement from its most recent normalized results of operations report.

(6) A small natural gas utility’s annual compliance report must include the total costs incurred during the compliance year for RNG purchases and qualified investments, expressed as a percentage of the utility’s total revenue requirement approved by the Commission in its most recent general rate revision.

(7) A small natural gas utility’s annual compliance report must include the total volume of RNG acquired during the compliance year, as well as this volume expressed as a percentage of the total volume of gas delivered to customers that year.

History

Statutory/Other Authority: ORS 756, 757
Statutes/Other Implemented: ORS 757.394
PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020

Division 250 BIAS PROVIDERS CONTRACTING WITH PUBLIC BODIES - DISCLOSURES AND DETERMINATIONS

Or. Admin. R. 860-250-0005 Applicability and Waiver

(1) These rules apply to broadband Internet access service providers engaged in the provision of broadband Internet access service to a public body, as set forth in Oregon Laws 2018, Chapter 88, Section 1(5), and any participant in a proceeding involving a determination made by the Commission under Oregon Laws 2018, Chapter 88, Section 1. These rules become effective on January 1, 2019.

(2) Upon request or its own motion, the Commission may waive any Division 250 rule for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

History

Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1
PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 860-250-0010 Definitions

For the purposes of Division 250:

(1) “Broadband Internet access service” or “BIAS” has the same meaning as defined in Oregon Laws 2018, Chapter 88, Section 1(1)(a).

(2) “Broadband Internet access service provider” or “BIAS provider” has the same meaning as defined in Oregon Laws 2018, Chapter 88, Section 1(1)(b).

(3) “Covered broadband Internet access service provider” or “covered BIAS provider” means a broadband Internet access service provider engaged in the provision of broadband Internet access service to a public body under Oregon Laws 2018, Chapter 88, Section 1(5)(a).

(4) “End user” has the same meaning as defined in Oregon Laws 2018, Chapter 88, Section 1(1)(e).

(5) “Functionally equivalent service” or “functional equivalent” means a service that the Commission finds is providing a service that is the functional equivalent of the service described in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(i).

(6) “Paid prioritization” has the same meaning as defined in Oregon Laws 2018, Chapter 88, Section 1(1)(i).

(7) “Public body” means a public body, as defined in ORS 174.109, in the State of Oregon.

History

Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1
PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 860-250-0020 Required Public Disclosures by Covered BIAS Providers

(1) Disclosures Consistent with Federal Law. Covered broadband Internet access service providers’ disclosures made in a form and manner that complies with 47 C.F.R. § 8.1(a); Restoring Internet Freedom , WC Docket No. 17-108, Declaratory Ruling, Report and Order, and Order, 33 FCC Rcd 311 (2018); and the FCC’s Instructions for Internet Service Providers , located at https://www.fcc.gov/disclosure-instructions-isps, presumptively satisfy the requirement that such providers publicly disclose information regarding their network management practices, performance characteristics, and commercial terms of their broadband Internet access service sufficient for end users to verify that the service is provided in compliance with Oregon Laws 2018, Chapter 88, Sections 1(3) and 1(4).

(2) Changes to Applicable Federal Law. If the requirements for broadband Internet access service providers’ disclosures change under any federal law, rule, or guidance cited in section (1) of this rule, the Commission will determine within 180 days of that change whether it is necessary or appropriate to modify the Commission’s rules as a result of that change.

History

Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(5)(b)
PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 860-250-0030 Functionally Equivalent Service Determinations

(1) A petition requesting that the Commission make a determination regarding whether a service is a functional equivalent as provided for in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(ii) will be governed by ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001,and the requirements set forth in this rule.

(2) A petition under section (1) of this rule must conform with the requirements of OAR 860-001-0400(1) and (2) and must include the following additional information to the extent relevant information is available to the petitioning party:

(a) A detailed description of the service at issue.

(b) A detailed explanation of why the service at issue is or is not a functional equivalent of the service described in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(i). To the extent possible, this explanation should include the following:

(A) a description of the technical differences between the service at issue and the service described in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(i);

(B) a description of or examples of how the service at issue is marketed to customers, including available marketing materials;

(C) a description of or examples of how the service at issue is described to or by other third parties, such as standards bodies; and

(D) a description or copy of an example customer service agreement for the service at issue.

(c) Any public body, contract, or request for proposal (RFP) to which the petition relates. If applicable, the petition should include contact information for any public body identified and a description of the current status of and timeline for the affected contract or RFP. If the pleading relates to a procurement or contracting dispute, the petition should also identify any negative determination made by the relevant public body and indicate whether any applicable procurement appeal process was utilized.

(d) Any parallel or related proceedings pending in any forum, if known.

(e) A request for an appropriate protective order, as needed.

(3) A response to a petition filed under sections (1) and (2) of this rule must conform with the requirements of OAR 860-001-0400(3) and (4)(a) and must respond to or supplement the information identified in section (2) of this rule to the extent relevant information is available to the responding party.

History

Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(1)(a)(A)(ii)
PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 860-250-0035 Nonharmful Device Determinations

(1) A petition requesting that the Commission determine by rule whether a device is nonharmful under Oregon Laws 2018, Chapter 88, Section 1(1)(h) will be governed by the requirements set forth in this rule and either of the following:

(a) ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001; or

(b) the Oregon Administrative Procedures Act and the generally applicable filing, rulemaking, and confidentiality procedures contained in OAR chapter 860, division 001.

(2) A contested case petition under section (1) of this rule must conform with OAR 860-001-0400(1) and (2) and a petition for adopting, amending, or repealing a rule under section (1) of this rule must conform with OAR 860-001-0250. Either type of filing must also include the following additional information to the extent relevant information is available to the petitioning party:

(a) A detailed description of the device at issue. At a minimum, this description should include:

(A) The name, manufacturer, and distributor of the device;

(B) The purpose of the device (e.g., personal communication, medical monitoring);

(C) A description of how the device works, including whether it alters, intercepts, diverts, or otherwise interferes with end user traffic or end user information; and

(D) Any relevant determinations regarding the device made by other bodies, including the FCC.

(b) A detailed explanation of why the device at issue is or is not a nonharmful device under Oregon Laws 2018, Chapter 88, Section 1(1)(h).

(d) Any parallel or related proceedings pending in any forum, if known.

(e) A request for an appropriate protective order, as needed, if a contested case petition.

(3) A response to a contested case petition filed under sections (1) and (2) of this rule must conform with the requirements of OAR 860-001-0400(3) and (4)(a) and must respond to or supplement the information identified in section (2) of this rule to the extent relevant information is available to the responding party.

History

Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(1)(h)
PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 860-250-0040 Excepted Paid Prioritization Determinations

(1) A petition requesting that the Commission make a determination regarding whether certain paid prioritization meets the standard set forth in Oregon Laws 2018, Chapter 88, Section 1(4)(c) will be governed by ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001,and the requirements set forth in this rule.

(a) A detailed description of the paid prioritization at issue.

(b) A detailed explanation of why the paid prioritization at issue does or does not provide significant public interest benefits and does or does not harm the open nature of the provided broadband Internet access service under Oregon Laws 2018, Chapter 88, Section 1(4)(c).

(d) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(a) applies to the contract(s) or RFP(s) identified under subsection (2)(c) of this rule. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(c) is sought.

(e) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the paid prioritization at issue in the initiating pleading. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(c) is sought.

(f) Any parallel or related proceedings pending in any forum, if known.

(g) A request for an appropriate protective order, as needed.

History

Statutory/Other Authority: ORS Ch. 183 756, 2018 OL Ch. 88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(4)(c)
PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 860-250-0045 Reasonable Network Management Determinations

(1) A petition requesting that the Commission make a determination regarding whether certain activity constitutes reasonable network management under Oregon Laws 2018, Chapter 88, Section 1(4)(d) will be governed by ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001,and the requirements set forth in this rule.

(a) A detailed description of the activity at issue.

(b) A detailed explanation of why the activity at issue is or is not reasonable network management under Oregon Laws 2018, Chapter 88, Section 1(4)(d). At a minimum, the explanation must address:

(A) the technical network management justification for the activity, if any;

(B) the other business practices included in the activity, if any; and

(C) whether and how the activity is narrowly tailored to achieve a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

(e) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the activity at issue in the initiating pleading. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(d) is sought.

(f) Any parallel or related proceedings pending in any forum, if known.

(g) A request for an appropriate protective order, as needed.

History

Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(4)(d)
PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 860-250-0050 Determinations Regarding Newly Compliant BIAS Providers

(1) A petition requesting that the Commission make a determination regarding whether a particular provider meets the standard set forth in Oregon Laws 2018, Chapter 88, Section 1(4)(e) will be governed by ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001,and the requirements set forth in this rule.

(a) The provider at issue and that provider’s certification under Oregon Laws 2018, Chapter 88, Section 1(4)(e)(A).

(b) A detailed explanation of why Oregon Laws 2018, Chapter 88, Section 1(4)(e) applies to the provider at issue. At a minimum, the explanation must address:

(A) which of the activities described in Oregon Laws 2018, Chapter 88, Section 1(3) that the provider engaged in after January 1, 2019, and the basis for this assertion;

(B) the date or dates on which the provider ceased engaging in the activities identified in section (2)(b)(i) of this rule; and

(C) the reason or reasons that allowing a public body to contract with the broadband Internet access service provider provides significant public interest benefits.

(e) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the activity described in section (2)(b)(a) of this rule. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(e) is sought.

(f) Any parallel or related proceedings pending in any forum, if known.

(g) A request for an appropriate protective order, as needed.

History

Statutory/Other Authority: ORS Ch. 183, 756, OL 2018 Ch. 99
Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(4)(e)
PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019

Division 300 WILDFIRE MITIGATION PLANS

Or. Admin. R. 860-300-0001 Scope and Applicability of Rules

(1) The rules in this division prescribe the filing requirements for risk-based Wildfire Mitigation Plans filed by a Public Utility that provides electric service in Oregon pursuant to ORS 757.005.

History

Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 757.035, ORS 757.039, ORS 757.649, ORS 759.030, ORS 759.040 & ORS 759.045
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 10-2021, adopt filed 12/01/2021, effective 12/01/2021

Or. Admin. R. 860-300-0010 Definitions for this Division

(1) "Communications" means media that communicate voice, data, text, or video over a distance using electrical, electronic, radio, microwave, or light wave transmissions.

(2) "ESF-12" refers to Emergency Support Function-12 and indicates the Commission's role in supporting the State Office of Emergency Management for energy utilities issues during an emergency.

(3) "Local Community" means any community of people living, or having rights or interests, in a distinct geographical area.

(4) "Local Emergency Management" means city, county, and tribal emergency management entities.

(5) "Near-term Wildfire Risk" means elements of wildfire risk that are expected to fluctuate on a daily or weekly basis. Examples include temperature, humidity, and wind.

(6) "Public Utility" has the meaning given to an "electric company" in ORS 757.600.

(7) "Public Safety Partners" means ESF-12, Local Emergency Management, and Oregon Department of Human Services (ODHS).

(8) "Public Safety Power Shutoff" or "PSPS" means a proactive de-energization of a portion of a Public Utility's electrical network, based on the forecasting of and measurement of extreme wildfire weather conditions.

(9) "Tabletop Exercise" means an activity in which key personnel, assigned emergency management roles and responsibilities, are gathered to discuss, in a non-threatening environment, various simulated emergency situations.

(10) "Utility-identified Critical Facilities" refers to the facilities the Public Utility identifies that, because of their function or importance, have the potential to threaten life safety or disrupt essential socioeconomic activities if their services are interrupted. Communications facilities and infrastructure are to be considered Critical Facilities.

(11) "Wildfire Mitigation Plan" is the same as a "wildfire protection plan" and refers to the document filed with the Commission relating to an electric utility's risk-based plan designed to protect public safety, reduce the risk of utility facilities causing wildfires, reduce risk to utility customers, and promote electric system resilience to wildfire damage.

History

Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 756.040, ORS 757.035, ORS 757.039, ORS 757.649, ORS 758.215, ORS 759.005 & ORS 759.045
PUC 4-2022, adopt filed 05/24/2022, effective 05/24/2022

Or. Admin. R. 860-300-0020 Wildfire Protection Plan Filing Requirements

(1) Wildfire Mitigation Plans and Updates must, at a minimum, contain the following requirements as set forth in Section 3(2)(a)-(h), chapter 592, Oregon Laws 2021 and as supplemented below:

(a) Identified areas that are subject to a heightened risk of wildfire, including determinations for such conclusions, and are:

(A) Within the service territory of the Public Utility, and

(B) Outside the service territory of the Public Utility but within the Public Utility's right-of-way for generation and transmission assets.

(b) Identified means of mitigating wildfire risk that reflects a reasonable balancing of mitigation costs with the resulting reduction of wildfire risk.

(c) Identified preventative actions and programs that the Public Utility will carry out to minimize the risk of utility facilities causing wildfire.

(d) Discussion of outreach efforts to regional, state, and local entities, including municipalities regarding a protocol for the de-energization of power lines and adjustingpower system operations to mitigate wildfires, promote the safety of the public and first responders and preserve health and communication infrastructure.

(e) Identified protocol for the de-energization of power lines and adjusting of power system operations to mitigate wildfires, promote the safety of the public and first responders and preserve health and communication infrastructure, including a PSPS communication strategy consistent with OAR 860-300-0040 through 860-300-0050.

(f) Identification of the community outreach and public awareness efforts that the Public Utility will use before, during and after a wildfire season, consistent with OAR 860-300-0040 and OAR 860-300-0050.

(g) Description of procedures, standards, and time frames that the Public Utility will use to inspect utility infrastructure in areas the Public Utility identified as heightened risk of wildfire, consistent with OAR 860-024-0018.

(h) Description of the procedures, standards, and time frames that the Public Utility will use to carry out vegetation management in in areas the Public Utility identified as heightened risk of wildfire, consistent with OAR 860-024-0018.

(i) Identification of the development, implementation, and administrative costs for the plan, which includes discussion of risk-based cost and benefit analysis, including consideration of technologies that offer co-benefits to the utility's system.

(j) Description of participation in national and international forums, including workshops identified in section 2, chapter 592, Oregon Laws 2021, as well as research and analysis the Public Utility has undertaken to maintain expertise in leading edge technologies and

operational practices, as well as how such technologies and operational practices have been used to develop and implement cost effective wildfire mitigation solutions.

(k) Description of ignition inspection program, as described in Division 24 of these rules, including how the utility will determine, and instruct its inspectors to determine, conditions that could pose an ignition risk on its own equipment and on pole attachments.

(2) Wildfire Mitigation Plans must be updated annually and filed with the Commission no later than December 31 of each year. Public Utilities are required to provide a plan supplement explaining any material deviations from the applicable Wildfire Mitigation Plan acknowledged by the Commission. A Public Utility's initial Wildfire Protection Plan must be filed no later than December 31, 2021, per section 5, chapter 592, Oregon Laws 2021.

(3) Within 180 days of submission, Wildfire Mitigation Plans and Wildfire Plan Updates may be approved or approved with conditions through a process identified by the Commission in utility-specific proceedings, which may include retention of an Independent Evaluator (IE). For purposes of this section, "approved" means the Commission finds that the Wildfire Mitigation Plan or Update is based on reasonable and prudent practices including those the Public Utility identified through Commission workshops identified in SB 762, Section 2, and designed to meet all applicable rules and standards adopted by the Commission.

(4) Approval of a Wildfire Mitigation Plan or Update does not establish a defense to any enforcement action for violation of a Commission decision, order or rule or relieve a Public Utility from proactively managing wildfire risk, including by monitoring emerging practices and technologies.

History

Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 757 & ORS 759
Statutes/Other Implemented: ORS 757.649, 2021 Senate Bill 762, ORS 756.040, ORS 756.105 & ORS 757.035
PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022
PUC 2-2022, renumbered from 860-300-0002, filed 02/24/2022, effective 02/24/2022
PUC 10-2021, adopt filed 12/01/2021, effective 12/01/2021

Or. Admin. R. 860-300-0030 Risk Analysis

(1) The Public Utility must include in its Wildfire Mitigation Plan risk analysis that describes wildfire risk within the Public Utility’s service territory and outside the service territory of the Public Utility but within the Public Utility’s right of way for generation and transmission assets. The risk analysis must include, at a minimum:

(a) Defined categories of overall wildfire risk and an adequate discussion of how the Public Utility categorizes wildfire risk. Categories of risk must include, at a minimum:

(A) Baseline wildfire risk, which include elements of wildfire risk that are expected to remain fixed for multiple years. Examples include topography, vegetation, utility equipment in place, and climate;

(B) Seasonal wildfire risk, which include elements of wildfire risk that are expected to remain fixed for multiple months but may be dynamic throughout the year or from year to year; Examples include cumulative precipitation, seasonal weather conditions, current drought status, and fuel moisture content;

(D) Risks to substation or powerline owned by the Public Utility.

(b) a narrative description of how the Public Utility determines areas of heightened risk of wildfire using the most updated data it has available from reputable sources.

(c) a narrative description of all data sources the Public Utility uses to model topographical and meteorological components of its wildfire risk as well as any wildfire risk related to the Public Utility’s equipment.

(A) The Public Utility must make clear the frequency with which each source of data is updated; and

(B) The Public Utility must make clear how it plans to keep its data sources as up to date as is practicable.

(d) The Public Utility’s risk analysis must include a narrative description of how the Public Utility’s wildfire risk models are used to make decisions concerning the following items:

(A) Public Safety Power Shutoffs

(B) Vegetation Management;

(D) Investment decisions; and

(E) Operational decisions.

(e) For updated Wildfire Mitigation Plans, the Public Utility must include a narrative description of any changes to its baseline wildfire risk that were made relative to the previous plan submitted by the utility, including the Public Utility’s response to changes in baseline wildfire risk, seasonal wildfire risk, and Near-term Wildfire Risk.

(2) To the extent practicable, the Public Utility must confer with other state agencies when evaluating the risk analysis included in the Public Utility’s Wildfire Mitigation Plan.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.035
PUC 6-2022, adopt filed 09/22/2022, effective 09/22/2022

Or. Admin. R. 860-300-0040 Wildfire Mitigation Plan Engagement Strategies

(1) The Public Utility must include in its Wildfire Mitigation Plan a Wildfire Mitigation Plan Engagement Strategy. The Wildfire Mitigation Plan Engagement Strategy will describe the utility’s efforts to engage and collaborate with Public Safety partners and Local Communities impacted by the Wildfire Mitigation Plan in the preparation of the Wildfire Mitigation Plan and identification of related investments and activities. The Engagement Strategy must include, at a minimum:

(a) Accessible forums for engagement and collaboration with Public Safety Partners, Local Communities, and customers in advance of filing the Wildfire Mitigation Plan. The Public Utility should provide, at minimum:

(A) One public information and input session hosted in each county or group of adjacent counties within reasonable geographic proximity and streamed virtually with access and functional needs considerations; and

(B) One opportunity for engagement strategy participants to submit follow-up comments to the public information and input session.

(b) A description of how the Public Utility designed the Wildfire Mitigation Plan Engagement Strategy to be inclusive and accessible, including consideration of multiple languages and outreach to access and functional needs populations as identified with local Public Safety Partners.

(2) The Public Utility must include a plan for conducting community outreach and public awareness efforts in its Wildfire Mitigation Plan. It must be developed in coordination with Public Safety Partners and informed by local needs and best practices to educate and inform communities inclusively about wildfire risk and preparation activities.

(a) The community outreach and public awareness efforts will include plans to disseminate informational materials and/or conduct trainings that cover:

(A) Description of PSPS including why one would need to be executed, considerations determining why one is required, and what to expect before, during, and after a PSPS;

(B) A description of the Public Utility’s wildfire mitigation strategy;

(D) Public Utility contact and website information.

(b) In formulating community outreach and public awareness efforts, the Wildfire Mitigation Plan will also include descriptions of:

(A) Media platforms and other communication tools that will be used to disseminate information to the public;

(B) Frequency of outreach to inform the public;

(i) Multiple languages prevalent to the area;

(ii) Multiple media platforms to ensure access to all members of a Local Community.

(3) The Public Utility must include in its Wildfire Mitigation Plan a description of metrics used to track and report on whether its community outreach and public awareness efforts are effectively and equitably reaching Local Communities across the Public Utility’s service area.

(4) The Public Utility must include a Public Safety Partner Coordination Strategy in its Wildfire Mitigation Plan. The Coordination Strategy will describe how the Public Utility will coordinate with Public Safety Partners before, during, and after the fire season and should be additive to minimum requirements specified in relevant Public Safety Power Shut Off requirements described in OAR 860-300-0050. The Coordination Strategy should include, at a minimum:

(a) Meeting frequency and location determined in collaboration with Public Safety Partners;

(b) Tabletop Exercise plan that includes topics and opportunities to participate;

(c) After action reporting plan for lessons learned in alignment with Public Safety Partner after action reporting timeline and processes.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.035
PUC 6-2022, adopt filed 09/22/2022, effective 09/22/2022

Or. Admin. R. 860-300-0050 Communication Requirements Prior, During, and After a Public Safety Power Shutoff (PSPS)

(1) When a Public Utility determines that a PSPS is likely to occur, it must deliver notification of the PSPS to its Public Safety Partners, operators of utility-identified critical facilities, and adjacent local Public Safety Partners.

(a) To the extent practicable, the Public Utility must provide priority notification directly to Public Safety Partners, operators of utility-identified critical facilities, and adjacent local Public Safety Partners.

(b) In notifying Public Safety Partners and utility-identified critical facilitates of PSPS events, including adjacent local Public Safety Partners, the utility will communicate the following information, at a minimum:

(A) The PSPS zone, which would include Geographic Information System shapefile(s) depicting current boundaries of the area subject to de-energization;

(B) Date and time PSPS will be executed;

(D) Number of customers impacted by PSPS;

(E) When feasible, the Public Utility will support Local Emergency Management efforts to send out emergency alerts;

(F) At a minimum, status updates at 24-hour intervals until service has been restored;

(G) Notice of when re-energization efforts will begin and when re-energization is expected to be complete; and

(H) Information provided under this rule does not preclude the Public Utility from providing additional information about execution of the PSPS to its Public Safety Partners.

(c) In notifying utility-identified critical facilities, the Public Utility will communicate the following information, at a minimum:

(A) Date and time PSPS will be executed;

(B) Estimated duration of PSPS;

(D) Notice of when re-energization efforts will begin and when re-energization is expected to be complete; and

(E) In addition to the above requirements, utilities will also provide Geographical Information Files with as much specificity as possible to Operators of Communications facilities in the area of the anticipated PSPS.

(d) ESF-12 will notify Oregon Emergency Response System (OERS) partners and Local Emergency Management in coordination with Oregon's Office of Emergency Management.

(2) When a Public Utility determines that a PSPS is likely to occur, the Public Utility must provide advance notice of the PSPS to customers via a PSPS web-based interface on the Public Utility's website and other media platforms, and may communicate PSPS information directly with customers consistent with this rule.

(a) In providing notice to customers about a PSPS, the Public Utility will, at a minimum:

(A) Utilize multiple media platforms to maximize customer outreach, including but not limited to, social media, radio, television, and press releases;

(B) Consider the geographic and cultural demographics of affected areas, including but not limited to broadband access, languages prevalent within the utility's service territories, considerations for those who are vision or hearing impaired; and

(C) Display on its website homepage a prominent link to access current information about the PSPS, consistent with OAR 860-300-0060, including a depiction of the boundary. The PSPS information must be easily readable and accessible from mobile devices.

(b) The Public Utility may directly notify its customers through email communication or telephonic notification ( e.g. , text messaging and phone calls) when it will not impede Local Emergency Management alerts due to capacity limitations. If the Public Utility provides direct notification, the Public Utility will communicate the following information, at a minimum:

(A) A statement of impending PSPS execution, including an explanation of what a PSPS is and the risks that the PSPS would be mitigating;

(B) Date and time PSPS will be executed;

(D) A 24-hour means of contact customers may use to ask questions or seek information;

(E) How to access details about the PSPS via the Public Utility's website, including education and outreach materials disseminated in advance of the annual wildfire season;

(F) After initial notification, the Public Utility will provide, at a minimum, status updates at 24-hour intervals until the conditions prompting the PSPS have ended; and

(G) Notice of when re-energization efforts will begin and when re-energization is expected to be complete.

(3) To the extent possible, the Public Utility will adhere to the following minimum notification prioritization and timeline in advance of a PSPS:

(a) 48-72 hours in advance of anticipated de-energization, priority notification to Public Safety Partners, operators of utility-identified critical facilities, and adjacent local Public Safety Partners;

(b) 24-48 hours in advance of anticipated de-energization, when safe: secondary notification to all other affected customers; and

(4) The Public Utility's communications required under this rule do not replace emergency alerts initiated by local emergency response.

(5) Nothing in this rule prohibits the Public Utility from providing additional information about execution of the PSPS to Public Safety Partners, utility-identified critical facilities, or customers.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.035
PUC 4-2022, adopt filed 05/24/2022, effective 05/24/2022

Or. Admin. R. 860-300-0060 Ongoing Informational Requirements for Public Safety Power Shutoffs (PSPS)

(1) The Public Utility will create a web-based interface that includes real-time, dynamic information on location, de-energization duration estimates, and re-energization estimates. The web-based interface will be hosted on the Public Utility's website and must be accessible during a PSPS event. The Public Utility will complete the web-based interface before March 31, 2024.

(2) The Public Utility will make its considerations when evaluating the likelihood of a PSPS publicly available on its website. These considerations include, but are not limited to: strong wind events, other current weather conditions, primary triggers in high risk zones that could cause a fire, and any other elements that define an extreme fire hazard evaluated by the Public Utility.

(3) The Public Utility will ensure that its website has the bandwidth capable of handling web traffic surges in the event of a Public Safety Power Shutoff.

(4) The Public Utility will work to provide real-time geographic information pertaining to PSPS outages compatible with Public Safety Partner GIS platforms.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.020
PUC 4-2022, adopt filed 05/24/2022, effective 05/24/2022

Or. Admin. R. 860-300-0070 Reporting Requirements for Public Safety Power Shutoffs (PSPS)

(1) The Public Utility is required to file annual reports on de-energization lessons learned, providing a narrative description of all PSPS events which occurred during the fire season. Reports must be filed no later than December 31st of each year.

(2) Non-confidential versions of the reports required under this section must also be made available on the Public Utility's website.

History

Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.035
PUC 4-2022, adopt filed 05/24/2022, effective 05/24/2022

Or. Admin. R. 860-300-0080 Cost Recovery

All reasonable operating costs incurred by, and prudent investments made by, a Public Utility to develop, implement, or operate a Wildfire Protection Plan are recoverable in the rates of the Public Utility from all customers through a filing under ORS 757.210 to 757.220.

History

Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 759 & ORS 757
Statutes/Other Implemented: ORS 757.020 & 2021 Senate Bill 762
PUC 2-2022, renumbered from 860-300-0003, filed 02/24/2022, effective 02/24/2022
PUC 10-2021, adopt filed 12/01/2021, effective 12/01/2021

Or. Admin. R. 860-300-0090 Consumer-owned Utility Plans

Municipal electric utilities, people’s utility districts organized under ORS chapter 261 that sell electricity, and electric cooperatives organized under ORS chapter 62 must file with the Commission a copy of its approved risk-based wildfire mitigation plan or plan update within 30 days of approval from its governing body.

History

Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 759 & ORS 757
Statutes/Other Implemented: ORS 757.035 & 2021 Senate Bill 762
PUC 2-2022, renumbered from 860-300-0004, filed 02/24/2022, effective 02/24/2022
PUC 10-2021, adopt filed 12/01/2021, effective 12/01/2021