ORS § 759.225 — OR Code / Title 57 / Chapter 759 / Section 759.225
759.225 Application of ORS 759.220 to unincorporated associations and cooperative corporations
Status: in_force

Notwithstanding any other provision of law, ORS 759.220 (Joint rates and classifications) applies to any unincorporated association or cooperative corporation providing intrastate telecommunications service. The application of ORS 759.220 (Joint rates and classifications) to unincorporated associations and cooperative corporations:

(1) Does not allow the Public Utility Commission to establish terms, conditions, classifications or rates for services rendered to members of unincorporated associations or cooperative corporations;

(2) Does not make unincorporated associations or cooperative corporations subject to the commission’s general powers of regulation;

(3) Allows the commission to regulate access charges imposed by unincorporated associations and cooperative corporations; and

(4) Requires unincorporated associations and cooperative corporations to provide information to the commission that the commission deems necessary to establish new extended service areas. [Formerly 757.860; 2001 c.853 §1]

Source: Section 759.225 — Application of ORS 759.220 to unincorporated associations and cooperative corporations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.506 — OR Code / Title 57 / Chapter 757 / Section 757.506
757.506 Findings and policy regarding exercise of influence over utility by person not engaged in utility business
Status: in_force

(1) The Legislative Assembly finds and declares that:

(a) The protection of customers of public utilities which provide heat, light or power is a matter of fundamental statewide concern;

(b) Existing legislation requires the Public Utility Commission’s approval of one public utility’s acquisition of another public utility’s stocks, bonds and certain property used for utility purposes, but does not require the commission’s approval of such acquisitions by persons not engaged in the public utility business in Oregon; and

(c) An attempt by a person not engaged in the public utility business in Oregon to acquire the power to exercise any substantial influence over the policies and actions of an Oregon public utility which provides heat, light or power could result in harm to such utility’s customers, including but not limited to the degradation of utility service, higher rates, weakened financial structure and diminution of utility assets.

(2) It is, therefore, the policy of the State of Oregon to regulate acquisitions by persons not engaged in the public utility business in Oregon of the power to exercise any substantial influence over the policies and actions of an Oregon public utility which provides heat, light or power in the manner set forth in this section and ORS 757.511 (Application for authority to exercise influence over utility) in order to prevent unnecessary and unwarranted harm to such utilities’ customers. [1985 c.632 §2]

Source: Section 757.506 — Findings and policy regarding exercise of influence over utility by person not engaged in utility business , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.375 — OR Code / Title 57 / Chapter 757 / Section 757.375
757.375 Credit toward compliance with renewable portfolio standard
Status: in_force

(1) Any electricity produced from a solar photovoltaic energy system that is physically located in this state may be used by an electric company to comply with the renewable portfolio standard established under ORS 469A.005 (Definitions for ORS 469A.005 to 469A.210) to 469A.210 (Goal for community-based renewable energy projects) .

(2) For each kilowatt-hour of electricity produced from a qualifying system that first becomes operational before January 1, 2016, and has a nameplate capacity of between 500 kilowatts and five megawatts of alternating current, the Public Utility Commission shall credit the electric company with two kilowatt-hours of qualifying electricity toward the electric company’s compliance with the renewable portfolio standard under ORS 469A.005 (Definitions for ORS 469A.005 to 469A.210) to 469A.210 (Goal for community-based renewable energy projects) , up to a maximum of 20 megawatts of capacity. [2009 c.748 §4; 2016 c.28 §24]

Note: See note under 757.360 (Definitions for ORS 757.360 to 757.380) .

Source: Section 757.375 — Credit toward compliance with renewable portfolio standard; limits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.562 — OR Code / Title 57 / Chapter 757 / Section 757.562
757.562 Report to Legislative Assembly of center activities
Status: in_force

(1) The board of directors shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering the activities and operations of the Oregon Utility Notification Center for the preceding calendar year according to the provisions of ORS 192.230 (Definitions for ORS 192.235 to 192.245) to 192.250 (Director of Oregon Department of Administrative Services to report to legislature on ORS 192.230 to 192.250) .

(2) In carrying out the duties, functions and powers imposed by law on the Oregon Utility Notification Center, the board of directors may contract with any state agency or private party for the performance of such duties, functions and powers as the board considers appropriate. [1995 c.691 §5]

Note: See note under 757.542 (Definitions for ORS 757.542 to 757.562) .

Source: Section 757.562 — Report to Legislative Assembly of center activities; contracts to carry out duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.646 — OR Code / Title 57 / Chapter 757 / Section 757.646
757.646 Policies to eliminate barriers to competitive retail market
Status: in_force

"On June 26, 2021, in the waning hours of Oregon’s legislative session, the legislature passed House Bill 2021 (H.B. 2021 or the Act) - Oregon’s take on sweeping climate legislation for retail electricity generation." Bibliographic info

(1) The duties, functions and powers of the Public Utility Commission shall include developing policies to eliminate barriers to the development of a competitive retail market between electricity service suppliers and electric companies. The policies shall be designed to mitigate the vertical and horizontal market power of incumbent electric companies and prohibit preferential treatment, or the appearance of such treatment, by the incumbent electric companies toward generation or market affiliates. The commission may require an electric company acting as an electricity service supplier do so through an affiliate.

(2) The commission shall establish by rule a code of conduct for electric companies and their affiliates to protect against market abuses and anticompetitive practices. The code shall, at a minimum:

(a) Require an electric company and any affiliate that shares the same name and logo to disclose to all consumers the relationship between the company and affiliate and to clarify that the affiliate is not the same as the electric company and that in order to receive service from the company a consumer does not have to purchase the services of the affiliate;

(b) Prohibit preferential access by an electric company affiliate to confidential consumer information;

(c) Minimize cross-subsidization between competitive operations and regulated operations, including the use of electric company personnel and other resources;

(d) Prohibit joint marketing activities and exclusive referral arrangements between an electric company and its affiliates;

(e) Provide the commission with all necessary access to books and records;

(f) Require electric companies to make regular compliance filings; and

(g) Require fair treatment of all competitors by a distribution utility.

(3) An electric company shall provide the commission access to all books and records necessary for the commission to monitor the electric company and its affiliate relationships. The commission shall require an electric company biannually to file a report detailing compliance with this subsection.

(4) Notwithstanding subsection (1) of this section, the commission shall ensure that policies developed to mitigate the vertical and horizontal market power of incumbent electric companies do not limit or delay electric companies from offering programs or services or making prudent investments in furtherance of the clean energy targets established by ORS 469A.410 (Clean energy targets) or a program established under ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers) (5), or that otherwise aid in reducing statewide emissions of greenhouse gases consistent with state policies, including ORS 283.398 (Findings and goals for zero-emission vehicles) and 468A.205 (Policy) . [1999 c.865 §6; 2001 c.683 §18; 2021 c.508 §23]

Source: Section 757.646 — Policies to eliminate barriers to competitive retail market; code of conduct for electric companies; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.557 — OR Code / Title 57 / Chapter 757 / Section 757.557
757.557 Underground utility facility operators required to subscribe to center
Status: in_force

(1) Every operator of underground facilities shall subscribe to the Oregon Utility Notification Center.

(2) Any person intending to excavate shall notify the Oregon Utility Notification Center at least two but not more than 10 business days before commencing an excavation. The board of directors shall, by rule, provide an exception to the requirement of advance notice for excavators in cases that involve an immediate danger to life or property, or a customer service outage. The board may adopt additional exceptions as the board, in its discretion, determines necessary.

(3) Nonsubscribing operators of underground facilities shall be responsible to all injured parties for all costs associated with damages to such facilities, loss of product or service or damages that occur as a result of excavation where the facilities damaged are under the control of the nonsubscribing operator and proper notice was given to the Oregon Utility Notification Center.

(4) The provisions of this section shall not apply to operators of underground facilities that are located entirely on private property and that provide services exclusively for the use of residents or owners of the property. [1995 c.691 §4; 2001 c.104 §294]

Note: See note under 757.542 (Definitions for ORS 757.542 to 757.562) .

Source: Section 757.557 — Underground utility facility operators required to subscribe to center; liability for damage from excavation for nonsubscribers; exemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.120 — OR Code / Title 57 / Chapter 758 / Section 758.120
758.120 Electric easement in provision of broadband services
Status: in_force

(1) As used in this section and ORS 758.125 (Duties and rights not altered by ORS 758.120) and 758.130 (Requirements for electric cooperative in provision of broadband services) :

(a) “Attachment” has the meaning given that term in ORS 757.270 (Definitions for ORS 757.270 to 757.290) .

(b) “Broadband” has the meaning given that term in ORS 276A.406 (Acquisition of broadband and communications services) .

(c) “Commercial broadband service provider” means a provider of broadband service that is not affiliated with or a division of an electric cooperative.

(d) “Electric cooperative” has the meaning given that term in ORS 757.600 (Definitions for ORS 757.600 to 757.687) .

(e) “Electric easement” means any recorded or unrecorded easement or license, including easements created by operation of law, held or used by an electric cooperative for the installation and maintenance of electric facilities, regardless of whether the easement is for the exclusive benefit of the electric cooperative or is also for use in connection with other utility services that may or may not be provided by the electric cooperative.

(f) “Electric facilities” means any line, wire, pipe, conduit, main, pump, pole, tower, fixture, manhole, handhole or other similar facility or facilities, and any other related or ancillary materials, which are owned or controlled, in whole or in part, by one or more electric cooperatives.

(g) “Property owner” means a person with a recorded fee simple interest in land upon which an electric easement is located.

(2)(a)(A) Except as provided in paragraph (b) of this subsection, an electric cooperative may use or allow for the use of an electric easement in the provision of broadband services.

(B) If use of an electric easement in the provision of broadband services as authorized under this paragraph would result in an expansion of the uses for which the easement is granted or acquired, the electric cooperative shall, no later than 60 days prior to the expansion of use, provide written notice to the property owner pursuant to subsection (3) of this section.

(C) A commercial broadband service provider may request for an electric cooperative to send notice to a property owner as required by this subsection. A commercial broadband service provider shall include in a request under this subparagraph the addresses of subject poles and the pole numbers if labeled on the pole, and the names and addresses of the property owners to whom the commercial broadband service provider requests notice to be sent. Absent unusual circumstances such as an outage or similar emergency, an electric cooperative shall send notice to a property owner as requested under this subparagraph no later than 10 days after receipt of the request from a commercial broadband service provider.

(b) Intentionally left blank —Ed.

(A) The provisions of this section do not authorize an electric cooperative to use or allow for the use in the provision of broadband services any electric easements that are granted on property owned, managed or operated by a city, including but not limited to public rights of way within the boundaries of the city.

(B) If an electric easement is an unrecorded easement, license or easement created by operation of law, the electric easement must be in current use by the electric cooperative for the installation and maintenance of electric facilities in order for the electric cooperative to exercise the authority granted under this section. For purposes of this section, the location and extent of an unrecorded easement, license or easement created by operation of law is limited to:

(i) The location of the electric easement as it was in use prior to commencement of use of the electric easement in the provision of broadband services; and

(ii) A width of no more than 10 feet on each side from the center line of the electric easement.

(3) Intentionally left blank —Ed.

(a) Written notice as required by subsection (2) of this section must be sent by certified mail to the last known address of the property owner, according to publicly available records of the county assessor. The notice must contain:

(A) The name and mailing address of the electric cooperative;

(B) The mailing address, telephone number and electronic mail address for a representative of the electric cooperative;

(C) A summary statement of the purpose and character of the expansion of the use of the electric easement; and

(D) An offer for an onsite meeting prior to commencement of any installation activities associated with the expanded use.

(b) If the notice is sent by an electric cooperative on behalf of a commercial broadband service provider, the notice must also contain:

(A) The name and mailing address of the commercial broadband service provider; and

(B) The mailing address, telephone number and electronic mail address for a representative of the commercial broadband service provider.

(4) If the activities necessary to expand use of the electric easement for provision of broadband services will require trenching or other underground work that is not included in the uses for which the easement is granted or acquired:

(a) The notice provided under subsection (3) of this section must also include:

(A) A summary statement describing the activities to be conducted during the trenching or other underground work; and

(B) The approximate dates when the trenching or other underground work will start and end;

(b) Any new conduit must be installed in a location that is adjacent to and as close to existing conduit as allowed under applicable code requirements or regulations;

(c) To the extent allowed under any applicable code requirements or regulations, the property owner may choose which side of the existing conduit to install any new conduit; and

(d) Any surface area disturbed during trenching or other underground work must be restored to its condition prior to the trenching or other underground work.

(5) In installing and maintaining facilities necessary to provide broadband services, the provider of broadband services that is making use of an electric easement as authorized pursuant to this section must:

(a) Make reasonable accommodations to prevent disruption to active agricultural and forest operations;

(b) Employ best practices to prevent the introduction of noxious weeds onto the property upon which the electric easement is located;

(c) Provide compensation to the property owner for property damage or crop loss caused by the installation or maintenance of the facilities; and

(d) Upon the request of the property owner, provide at least seven days advance notice before the commencement of any installation or routine maintenance activities.

(6) An expansion of use described in subsection (2) of this section is deemed vested in the electric cooperative and shall run with the land as of the date that the property owner receives notice from the electric cooperative.

(7) Except as provided in ORS 758.125 (Duties and rights not altered by ORS 758.120) (1), a property owner that receives notice under subsection (3) of this section may bring a cause of action, in the circuit court of the county where the electric easement is located, against the provider of broadband services for damages relating to a decrease in the value of the property owner’s real property caused by the use of the easement in the provision of broadband services. A cause of action authorized by this subsection must be brought no later than 18 months after the date that the electric cooperative provided notice under subsection (3) of this section. The cause of action provided for in this subsection shall be the exclusive remedy in law or equity with respect to use of the electric easement for the provision of broadband services.

(8) Intentionally left blank —Ed.

(a) In an action brought under subsection (7) of this section:

(A) The court or jury shall ascertain and assess the decrease in value of property, if any, based on the difference between:

(i) The fair market value of the entire parcel of real property upon which the electric easement is located immediately before the expanded use; and

(ii) The fair market value of the entire parcel of real property immediately after the expanded use;

(B) Evidence of revenues or profits derived from the expanded use or related attachment rates is not admissible in determining fair market value; and

(C) Evidence of the increase in fair market value due to the availability of broadband services is admissible in determining fair market value.

(b) Prior to the commencement of trial in an action brought under subsection (7) of this section, the defendant shall make at least one offer of compensation to the property owner. If the property owner obtains a judgment that exceeds the offer of compensation made by the defendant, the property owner shall be entitled to an additional award for trial costs, disbursements, reasonable attorney fees and expenses as defined in ORS 35.335 (Effect of condemner’s abandonment of action) (2).

(c) At any point not later than 10 days before the trial of the action, after making an initial offer of compensation pursuant to paragraph (b) of this subsection, the defendant may serve an offer of compromise on the plaintiff in the action, as provided in ORS 35.300 (Offer of compromise) . If the plaintiff accepts the offer of compromise, the plaintiff shall be entitled to an award for costs and disbursements, attorney fees and expenses incurred by the plaintiff before service of the offer on plaintiff. If the plaintiff rejects the offer of compromise and fails to obtain a judgment more favorable than the offer, the plaintiff may not recover prevailing party fees or costs and disbursements, attorney fees and expenses that were incurred on and after service of the offer.

(9) The electric cooperative may include required reimbursement for expanded use compensation awards and litigation costs in any attachment license agreement with a provider of broadband services that is not the electric cooperative and that is directly benefited by the expanded use.

(10) A class action may not be maintained against a provider of broadband services in any action for damages based on a claim of expanded use for broadband services. [2021 c.149 §1]

Note: 758.120 (Electric easement in provision of broadband services) to 758.130 (Requirements for electric cooperative in provision of broadband services) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 758 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 758.120 — Electric easement in provision of broadband services; exceptions; notice; remedies for property owners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.320 — OR Code / Title 57 / Chapter 759 / Section 759.320
759.320 Application of ORS 759.315
Status: in_force

ORS 759.315 (Purposes for which securities may be issued) does not apply to the issuance, renewal or assumption of liability on any evidence of indebtedness when such issuance, renewal or assumption is for the purpose of acquiring specific real or personal property, if the aggregate principal amount thereof, together with all other then outstanding evidences of indebtedness issued, renewed or assumed under this section, does not exceed whichever is the greater of the following amounts:

(1) The amount of $75,000.

(2) The amount of one-half of one percent of the sum of:

(a) The total principal amount of all bonds or other securities representing secured indebtedness of the telecommunications utility issued or assumed and then outstanding; and

(b) The capital and surplus as then stated on the books of account of the telecommunications utility. [1987 c.447 §32]

Source: Section 759.320 — Application of ORS 759.315 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.696 — OR Code / Title 57 / Chapter 759 / Section 759.696
759.696 Telecommunication Devices Access Program Advisory Committee
Status: in_force

(1) A Telecommunication Devices Access Program Advisory Committee is established to advise the Public Utility Commission on the general development, implementation and administration of the Telecommunication Devices Access Program.

(2) The Telecommunication Devices Access Program Advisory Committee shall include:

(a) Five consumers as follows:

(A) Three who are deaf or hard of hearing;

(B) One who is speech impaired or who has a disability; and

(C) One who is visually impaired or deaf-blind;

(b) One professional in the field of speech impairment, visual impairment, hearing impairment or deafness or disability; and

(c) One representative from those telephone companies interested in providing telecommunication devices access relay services. [1987 c.290 §12; 1991 c.872 §5; 2007 c.70 §356; 2017 c.443 §1]

Source: Section 759.696 — Telecommunication Devices Access Program Advisory Committee; duties; members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.215 — OR Code / Title 57 / Chapter 757 / Section 757.215
757.215 Commission authorized to suspend new rates or order interim rates during hearings
Status: in_force

(1) The Public Utility Commission may, pending such investigation and determination, order the suspension of the rate or schedule of rates for a period of up to nine months beyond the time when such rate or schedule would otherwise go into effect.

(2) This section does not prevent the commission and the utility from entering into a written stipulation at any time extending any period of suspension.

(3) After full hearing, whether completed before or after such rate or schedule has gone into effect, the commission may make such order in reference thereto as would be proper in a proceeding initiated after such rate or schedule has become effective.

(4) If the commission is required to or determines to conduct a hearing on a rate or schedule of rates filed pursuant to ORS 757.210 (Hearing to establish new schedules) , but does not order a suspension thereof, any increased revenue collected by the utility as a result of such rate or rate schedule becoming effective shall be received subject to being refunded. If the rate or rate schedule thereafter approved by the commission is for a lesser increase or for no increase, the utility shall refund the amount of revenues received that exceeds the amount approved as nearly as possible to the customers from whom such excess revenues were collected, by a credit against future bills or otherwise, in such manner as the commission orders.

(5) The commission may in a suspension order authorize an interim rate or rate schedule under which the utility’s revenues will be increased by an amount deemed reasonable by the commission, not exceeding the amount requested by the utility. Any such interim increase for a public utility as defined in ORS 757.005 (Definition of public utility) that produces, transmits, delivers or furnishes heat, light or power shall be effected by rates designed to increase the utility’s revenues without materially changing the revenue relationships among customer classes or between the revenues derived from demand charges and from energy charges. An interim rate or rate schedule shall remain in effect until terminated by the commission. Upon completion of the hearing and decision, the commission shall order the utility to refund that portion of the increase in the interim rate or schedule that the commission finds is not justified. Any refund of an interim increase under this subsection shall be based upon an analysis of the utility’s earnings for a period reasonably representative of the period during which the interim increase was in effect. Refunds shall be made as nearly as possible to the customers against whom the interim rates were charged, by credits against future bills or in such other manner as the commission orders.

(6) Refunds ordered by the commission under subsection (4) or (5) of this section shall include interest on the amount determined to be subject to refund from the date such interim rate or rate schedules took effect. [Amended by 1981 c.715 §2; 1991 c.964 §1; 2023 c.53 §1]

Source: Section 757.215 — Commission authorized to suspend new rates or order interim rates during hearings; revenues collected under unapproved rates to be refunded; order after hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.218 — OR Code / Title 57 / Chapter 759 / Section 759.218
759.218 Revenues and expenses of unregulated activities
Status: in_force

(1) A telecommunications utility may not use revenues earned from, or allocate expenses to, that portion of the utility’s business that is regulated under this chapter in order to subsidize activities that are not regulated by this chapter.

(2) The Public Utility Commission may not require revenues or expenses from an activity that is not regulated under this chapter to be attributed to the regulated activities of a telecommunications utility.

(3) The commission may approve a telecommunications utility rate proposal for basic local service rates that utilizes revenues from other regulated services to partially cover the costs of providing basic local service. [2005 c.232 §4]

Source: Section 759.218 — Revenues and expenses of unregulated activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.386 — OR Code / Title 57 / Chapter 757 / Section 757.386
757.386 Program for procurement of electricity from community solar projects
Status: in_force

(1) For purposes of this section:

(a) “Community solar project” means one or more solar photovoltaic energy systems that provide owners and subscribers the opportunity to share the costs and benefits associated with the generation of electricity by the solar photovoltaic energy systems.

(b) “Electric company” has the meaning given that term in ORS 757.600 (Definitions for ORS 757.600 to 757.687) .

(c) “Owner” means a customer of an electric company who has proportionate ownership of part of a community solar project, such as direct ownership of one or more solar panels or shared ownership of the infrastructure of the community solar project.

(d) “Project manager” means the entity identified as having responsibility for managing the operation of a community solar project and, if applicable, for maintaining contact with the electric company that procures electricity from the community solar project. A project manager may be:

(A) An electric company; or

(B) An independent third party.

(e) “Solar photovoltaic energy system” means equipment and devices that have the primary purpose of collecting solar energy and generating electricity by photovoltaic effect.

(f) “Subscriber” means a customer of an electric company who proportionately leases part of a community solar project for a minimum of 10 years.

(2) Intentionally left blank —Ed.

(a) The Public Utility Commission shall establish by rule a program for the procurement of electricity from community solar projects. As part of the program, the commission shall:

(A) Adopt rules prescribing what qualifies a community solar project to participate in the program;

(B) Certify qualified community solar projects for participation in the program;

(C) Prescribe the form and manner by which project managers may apply for certification under the program; and

(D) Require, by rule or order, electric companies to enter into a 20-year power purchase agreement with a certified community solar project.

(b) The commission shall adopt rules under paragraph (a)(A) of this subsection that, at a minimum:

(A) Incentivize consumers of electricity to be owners or subscribers;

(B) Minimize the shifting of costs from the program to ratepayers who do not own or subscribe to a community solar project;

(C) Where an electric company is the project manager, protect owners and subscribers from undue financial hardship; and

(D) Protect the public interest.

(c) The commission may suspend the program adopted under this subsection if the commission has good cause to suspend the program.

(3) A community solar project:

(a) Must have at least one solar photovoltaic energy system with a minimum generating capacity of 25 kilowatts;

(b) Must be located in this state; and

(c) May be located anywhere in this state.

(4) A project manager may offer ownership in or subscriptions to a community solar project only to consumers of electricity that are located:

(a) In this state; and

(b) In the service territory of an electric company.

(5) Intentionally left blank —Ed.

(a) A project manager may offer proportional ownership in or proportional subscriptions to a community solar project in any amount that does not exceed a potential owner’s or potential subscriber’s average annual consumption of electricity.

(b) Any value associated with the generation of electricity in excess of an offer to own or subscribe to a community solar project as limited by paragraph (a) of this subsection must be used by the electric company procuring electricity from the community solar project in support of low-income residential customers of the electric company.

(6) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, an electric company shall credit an owner’s or subscriber’s electric bill for the amount of electricity generated by a community solar project for the owner or subscriber in a manner that reflects the resource value of solar energy. For purposes of this paragraph, the commission shall determine the resource value of solar energy.

(b) The commission may adopt a rate for an electric company to use in crediting an owner’s or subscriber’s electric bill other than the rate described in paragraph (a) of this subsection if the commission has good cause to adopt the different rate.

(7) Intentionally left blank —Ed.

(a) Except as otherwise provided in this section, owners and subscribers shall bear the costs and benefits of constructing and operating a community solar project.

(b) Costs incurred by an electric company under the terms of a power purchase agreement entered into pursuant to subsection (2)(a)(D) of this section are recoverable in the rates of the electric company. Moneys collected pursuant to imposing those rates, under the terms of a power purchase agreement entered into pursuant to subsection (2)(a)(D) of this section, may be transferred to a project manager for the purpose of operating a community solar project.

(c) All start-up costs prudently incurred during the development or modification of the program established under this section are recoverable in the rates of an electric company.

(d) Owners and subscribers shall bear all ongoing costs incurred during the continued administration of the program established under this section.

(8) Owners and subscribers own all renewable energy certificates established under ORS 469A.130 (Renewable energy certificates system) that are associated with the generation of electricity by a community solar project, in proportion to the owner’s proportional ownership in or the subscriber’s proportional subscription to the community solar project.

(9) As part of the program established under this section, the commission shall:

(a) Determine a methodology by which 10 percent of the total generating capacity of the community solar projects operated under the program will be made available for use by low-income residential customers of electricity; and

(b) Periodically review and adjust the percentage described in paragraph (a) of this subsection.

(10) A subscription described in this section shall be considered a lease for purposes of ORS 307.092 (Property of housing authority) and 307.112 (Property held under lease, sublease or lease-purchase by institution, organization or public body other than state) . [2016 c.28 §22; 2022 c.79 §3]

Note: 757.386 (Program for procurement of electricity from community solar projects) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 757.386 — Program for procurement of electricity from community solar projects; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.255 — OR Code / Title 57 / Chapter 758 / Section 758.255
758.255 Discontinuance of utility service for noncompliance with conversion provisions
Status: in_force

If the owner of any structure or improvement served from the overhead electric or communication service facilities within an underground assessment district does not grant the utility a permit or easement referred to in ORS 758.250 (Conversion of facilities on private lands) or if such an owner fails to convert to underground service facilities within 90 days after the mailing to the owner of the notice provided by ORS 758.245 (Payment of costs for conversion) , the public authority shall order the utility to complete the conversion and to disconnect and remove all overhead facilities, including service facilities, providing service to such structure or improvement. [1969 c.385 §10]

Source: Section 758.255 — Discontinuance of utility service for noncompliance with conversion provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.360 — OR Code / Title 57 / Chapter 757 / Section 757.360
757.360 Definitions for ORS 757.360 to 757.380
Status: in_force

As used in ORS 757.360 (Definitions for ORS 757.360 to 757.380) to 757.380 (Applicability of ORS 757.360 to 757.380) :

(1) “Electric company” has the meaning given that term in ORS 757.600 (Definitions for ORS 757.600 to 757.687) .

(2) “Nameplate capacity” means the maximum rated output of a generator or other electric power production equipment under specific conditions designated by the manufacturer.

(3) “Qualifying system” means:

(a) An alternative energy system used for emergency backup power by a state agency or facility that is at least 30 percent more efficient than existing agency or facility sources, including fuel cells; or

(b) A solar photovoltaic energy system that:

(A) Directly connects to an electric company’s electrical system within this state or indirectly connects through the system of an electric company’s retail electricity consumer or the electric system of a third party that is not an electric company’s retail electricity consumer but whose system is located within this state;

(B) Has meters or other devices in place to monitor and measure the quantity of energy generated by the solar photovoltaic energy system; and

(C) Meets any other siting, design, interconnection, installation and electric output standards and codes required by the laws of this state.

(4) “Residential qualifying system” means a qualifying system with a nameplate capacity of 10 kilowatts or less.

(5) “Resource value” means the estimated value to an electric company of the electricity delivered from a solar photovoltaic energy system associated with:

(a) The avoided cost of energy, including avoided fuel price volatility, minus the costs of firming and shaping the electricity generated from the facility; and

(b) Avoided distribution and transmission cost.

(6) “Retail electricity consumer” means a retail electricity consumer, as defined in ORS 757.600 (Definitions for ORS 757.600 to 757.687) , that is located in Oregon and is served by an electric company.

(7) “Small commercial qualifying system” means a qualifying system with a nameplate capacity greater than 10 kilowatts and less than or equal to 100 kilowatts.

(8) “Solar photovoltaic energy system” means equipment and devices that have the primary purpose of collecting solar energy and generating electricity by photovoltaic effect. [2009 c.748 §1; 2010 c.78 §1]

Note: 757.360 (Definitions for ORS 757.360 to 757.380) to 757.385 (Allowance of fair and reasonable rates) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 757.360 — Definitions for ORS 757.360 to 757.380 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.240 — OR Code / Title 57 / Chapter 759 / Section 759.240
759.240 Measuring quality of service
Status: in_force

(1) The Public Utility Commission shall ascertain and prescribe for each kind of telecommunications utility suitable and convenient standard commercial units of service. These shall be lawful units for the purposes of this chapter.

(2) The commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other conditions pertaining to the supply of the service rendered by any telecommunications utility and prescribe reasonable regulations for examination and testing of such service and for the measurement thereof. It shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for the measurements, and every telecommunications utility is required to carry into effect all orders issued by the commission relative thereto. [1987 c.447 §20]

Source: Section 759.240 — Measuring quality of service; standards; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.036 — OR Code / Title 57 / Chapter 759 / Section 759.036
759.036 Commission authority
Status: in_force

Except as otherwise provided by law, the Public Utility Commission shall have authority to determine the manner and extent of the regulation of telecommunications services within the State of Oregon. [2005 c.232 §7]

Source: Section 759.036 — Commission authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 772.515 — OR Code / Title 57 / Chapter 772 / Section 772.515
772.515 Regulation concerning location of facilities
Status: in_force

(1) Whenever such pipelines are laid along a public road, they shall be placed as closely as practicable to the extreme outside edge of the right of way of such road.

(2) With the exception of pumping, compressor, regulator or meter station buildings, no pipes or pipelines shall pass under any building in this state. Such pipes or pipelines shall not pass through or under any cemetery except by the consent of the owner thereof.

(3) When cultivated lands are appropriated under ORS 772.510 (Right of entry and condemnation by pipeline companies) , such pipes and pipelines shall be well buried under ground, in conformance with federal pipeline safety regulations in effect at the time of construction, and such surface shall be properly and promptly restored by such pipeline company unless otherwise consented to by the owner of such land.

(4) When unimproved lands of another are appropriated under ORS 772.510 (Right of entry and condemnation by pipeline companies) and such lands thereafter become cultivated or improved, such pipes or pipelines shall be buried by the pipeline company as provided in subsection (3) of this section, within a reasonable time after notice by the owner of such lands, or the agent of the owner, to the pipeline company or its agent. [Amended by 1989 c.821 §3]

Source: Section 772.515 — Regulation concerning location of facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.539 — OR Code / Title 57 / Chapter 757 / Section 757.539
757.539 Eligibility criteria
Status: in_force

(1) As used in this section, “emission” means any anthropogenic gas, such as carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

(2) The Public Utility Commission shall establish a voluntary emission reduction program for the purposes of incentivizing public utilities that furnish natural gas to invest in projects that reduce emissions and providing benefits to customers of public utilities that furnish natural gas.

(3) As part of the emission reduction program, the commission shall establish eligibility criteria for projects. The eligibility criteria must include:

(a) That the public utility requesting the project be a public utility that furnishes natural gas and that the project involve the provision of natural gas;

(b) That the project directly or indirectly reduce emissions;

(c) That the project benefit customers of the public utility as identified by the commission by rule or order;

(d) That the public utility, without the emission reduction program, would not invest in the project in the ordinary course of business;

(e) That the public utility, prior to filing an application under subsection (4) of this section, involve stakeholders as required by the commission by rule or order; and

(f) That the rate impact of the aggregate of all projects undertaken by a public utility under this section not exceed an amount established by the commission by rule or order.

(4) For each project that a public utility proposes under this section, the public utility must file with the commission an application. An application filed under this subsection must include:

(a) A description of the project;

(b) The projected amount of capital and operating costs necessary to complete and operate the project;

(c) The projected amount of reduced emissions created by the project;

(d) The potential of the project to reduce emissions not identified in paragraph (c) of this subsection;

(e) The projected date on which the project will become operational;

(f) A requested method, as described in subsection (8) of this section, for recovery of costs incurred and investments made and for the receipt of additional incentives;

(g) An explanation of why the public utility, without the emission reduction program, would not invest in the project in the ordinary course of business;

(h) Proof of stakeholder involvement;

(i) The projected rate impact of the project;

(j) The projected aggregate rate impact of all projects proposed by the public utility under this section and approved by the commission for the public utility under this section;

(k) An explanation of how the public utility will provide the commission with progress updates during the life of the project, including updates on costs and reduced emissions associated with the project; and

(L) Any other information required by the commission by rule or order.

(5) Intentionally left blank —Ed.

(a) The commission shall establish a two-tiered process for submitting a project proposal under the emission reduction program. For the purpose of establishing the tiers, the commission shall:

(A) Establish a threshold for overall project cost; and

(B) Establish a threshold for overall project cost per metric ton of reduced emissions.

(b) If a proposed project meets both the threshold described in paragraph (a)(A) of this subsection and the threshold described in paragraph (a)(B) of this subsection, the project is a tier one project subject to the requirements of subsection (6) of this section. If a proposed project does not meet the threshold described in paragraph (a)(A) of this subsection or the threshold described in paragraph (a)(B) of this subsection, the project is a tier two project subject to the requirements of subsection (7) of this section.

(6) For tier one projects, the commission shall:

(a) Provide interested parties with an opportunity to submit written comment in response to the proposed project;

(b) Hold a public hearing to address all submitted written comments; and

(c) Issue a final order on the proposed project within 90 days of receiving the application for the project, or at a later time as authorized by the public utility.

(7) For tier two projects, the commission shall:

(a) By rule or order, provide interested parties with an opportunity to submit testimony in response to the proposed project and be heard; and

(b) Issue a final order on the proposed project within 180 days of receiving the application for the project, or at a later time as authorized by the public utility.

(8) If a final order issued under subsection (6)(c) or (7)(b) of this section authorizes a project, the order shall specify:

(a) The type of ratepayer from whom the public utility that submitted the project proposal may recover costs incurred and investments made and receive any allowed additional incentives. A public utility may recover costs incurred and investments made and receive any allowed additional incentives from a type of ratepayer under this paragraph only if the commission makes a finding that the type of ratepayer receives a benefit from the project. If the commission makes a finding that more than one type of ratepayer receives a benefit from the project, the commission shall allow recovery of costs incurred and investments made and receipt of any allowed additional incentives from each type of ratepayer in an amount that is proportionate to the proportion of the benefit received, as determined by the commission, by the type of ratepayer.

(b) The method by which the public utility that submitted the project proposal may recover costs incurred and investments made and receive any allowed additional incentives, and the amount that the public utility may recover and receive. Methods of recovery and receipt include:

(A) Payment per unit of reduced emissions;

(B) Preapproval for inclusion in the public utility’s rates of costs prudently incurred and of investments prudently made;

(C) Return of investment and return on investment; and

(D) Any other method approved by the commission by rule or order.

(9) For purposes related to the emission reduction program established under this section, the commission may consider the amount of reduced emissions created by a project or the value of reduced emissions created by a project.

(10) The commission shall establish a rate cap for each public utility for which a project is authorized under this section. The rate cap must limit the cost of all of the public utility’s projects authorized under this section to an amount that does not exceed a percentage of the public utility’s revenue requirement as identified by the commission by rule or order.

(11) The commission shall biennially conduct a study on whether federal law or regulation or other state laws or rules provide adequate incentives for public utilities that furnish natural gas to invest in projects that reduce emissions in the ordinary course of business. The commission shall report the results of a study conducted under this subsection, and may make recommendations for legislation, to the Legislative Assembly in the manner described in ORS 192.245 (Form of report to legislature) not later than February 1 of each odd-numbered year. [2013 c.607 §2; 2015 c.24 §1]

Source: Section 757.539 — Eligibility criteria; contents of application; project proposal processes; recovery of costs; rate cap; report to Legislative Assembly , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.271 — OR Code / Title 57 / Chapter 757 / Section 757.271
757.271 Authorization from pole owner required for attachment
Status: in_force

(1) Subject to applicable regulations of the Public Utility Commission, a person shall not establish an attachment to a pole or other facility of a public utility, telecommunications utility or consumer-owned utility unless the person has executed a contract with and has authorization from the utility allowing the attachment.

(2) A licensee shall report all pole attachments to the pole owner. A pole owner may impose on a licensee a penalty charge for failing to report an attachment. The pole owner also may charge the licensee for any expenses incurred as a result of an unauthorized attachment or any attachment that exceeds safety limits established by rule of the commission. [1999 c.832 §2]

Source: Section 757.271 — Authorization from pole owner required for attachment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.890 — OR Code / Title 57 / Chapter 757 / Section 757.890
757.890 Eminent domain
Status: in_force

(1) Oregon Community Power may exercise the power of eminent domain for the purpose of acquiring any property, within or outside the service territory of Oregon Community Power, necessary for carrying out the electric utility operations of Oregon Community Power. Oregon Community Power may use the power of eminent domain to acquire an incumbent utility pursuant to an agreement under ORS 757.814 (Creation of acquisition review committee) only as provided by ORS 757.852 (Acquisition of incumbent utility) .

(2) Notwithstanding subsection (1) of this section, eminent domain may not be used:

(a) To acquire service territory of another electric utility; or

(b) To acquire any property for a purpose that is unrelated to electric utility operations. [2007 c.807 §21]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.890 — Eminent domain , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.862 — OR Code / Title 57 / Chapter 757 / Section 757.862
757.862 Request to Public Utility Commission for transfer of funds
Status: in_force

(1) An acquisition review committee created under ORS 757.814 (Creation of acquisition review committee) may request that the Public Utility Commission transfer moneys appropriated under ORS 757.857 (Oregon Community Power Utility Acquisition Fund) in order to fund any preliminary activities the committee undertakes to determine:

(a) The appropriateness or desirability of an acquisition described in ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) ;

(b) The requirements and terms of the acquisition; and

(c) Any due diligence activities related to the acquisition and the negotiations for the acquisition.

(2) An acquisition review committee shall submit a budget and plan of operations with a request under subsection (1) of this section. The commission may approve the transfer only after notice and public hearing on the request. [2007 c.807 §14]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.862 — Request to Public Utility Commission for transfer of funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 774.020 — OR Code / Title 57 / Chapter 774 / Section 774.020
774.020 Policy
Status: in_force

The people of the State of Oregon hereby find that utility consumers need an effective advocate to assure that public policies affecting the quality and price of utility services reflect their needs and interests, that utility consumers have the right to form an organization which will represent their interests before legislative, administrative and judicial bodies, and that utility consumers need a convenient manner of contributing to the funding of such an organization so that it can advocate forcefully and vigorously on their behalf concerning all matters of public policy affecting their health, welfare and economic well-being. [1985 c.1 §1]

Source: Section 774.020 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 772.045 — OR Code / Title 57 / Chapter 772 / Section 772.045
772.045 Right to cut timber and build aqueducts
Status: in_force

Any railway corporation mentioned in ORS 772.010 (Right of entry for survey of proposed right of way) may cut down any standing timber in danger of falling upon its line or railway, making compensation therefor as provided in ORS 772.055 (Condemnation procedure) for lands taken for the use of the corporation. [Amended by 1971 c.655 §235]

Source: Section 772.045 — Right to cut timber and build aqueducts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 756.512 — OR Code / Title 57 / Chapter 756 / Section 756.512
756.512 Notice of complaint to defendant
Status: in_force

(1) The Public Utility Commission shall serve a copy of the complaint upon the defendant, and shall give the defendant at least 10 days within which to respond to the complaint. Within the time so fixed, or such further time as the commission shall fix, the defendant shall file an answer to the complaint, taking issue on such parts of the complaint as the defendant desires and setting forth such additional matter as shall be pertinent to the matter in controversy. Such additional matter shall be deemed denied without the filing of any other pleading by the complainant. After the filing of the answer the commission shall set the matter for hearing, giving the defendant at least 10 days’ written notice of the time and place of the hearing, unless the commission for good reason stated in the notice, fixes a shorter time. Amendment of any answer may be permitted by order of the commission.

(2) If the defendant fails to file a responsive pleading or otherwise appear within the time prescribed in subsection (1) of this section, or if the responsive pleading filed raises no issue of law or fact, the commission may act on the complaint without a hearing. [Formerly 756.530]

Source: Section 756.512 — Notice of complaint to defendant; responsive pleadings; setting cause for hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.330 — OR Code / Title 57 / Chapter 757 / Section 757.330
757.330 Soliciting or accepting special privileges from utilities
Status: in_force

No person shall knowingly solicit, accept or receive any rebate, concession or discrimination in respect to any service whereby any such service shall, by any device, be rendered free or at a lesser rate than that named in the published schedules and tariffs in force, or whereby any service or advantage is received other than authorized in this chapter. [Amended by 1971 c.655 §81]

Source: Section 757.330 — Soliciting or accepting special privileges from utilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 774.130 — OR Code / Title 57 / Chapter 774 / Section 774.130
774.130 Mailing costs
Status: in_force

(1) The Citizens’ Utility Board shall not be required to pay any postage charges for materials submitted by the Citizens’ Utility Board for inclusion in a utility billing if such materials weigh four-tenths of one ounce avoirdupois or less. If the materials submitted weigh over four-tenths of one ounce avoirdupois, then the Citizens’ Utility Board shall reimburse the utility for a portion of the postage costs which is equal to that portion of the Citizens’ Utility Board material over four-tenths of one ounce avoirdupois in proportion to the total weight of the billing. In addition to postage costs, the Citizens’ Utility Board shall reimburse such other reasonable costs, as determined by the Public Utility Commission of Oregon, incurred by a utility in complying with ORS 774.120 (Inclusion of information in utility billings) .

(2) Reimbursement of a utility by the Citizens’ Utility Board shall be made within 60 days of the date the utility submits to the Citizens’ Utility Board an itemized statement of the costs incurred by the utility. In no event shall such reimbursement exceed the fair market value for the services provided by the utility. [1985 c.1 §11]

Source: Section 774.130 — Mailing costs; reimbursement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 772.305 — OR Code / Title 57 / Chapter 772 / Section 772.305
772.305 Condemnation of right of way for drainage or irrigation
Status: in_force

(1) The United States, the state, or any person, firm, cooperative, association or corporation, shall have the right of way across and upon public, private and corporate lands or other rights of way, for the construction, maintenance, repair and use of all necessary reservoirs, dams, water gates, canals, ditches, flumes, tunnels, pipelines or other means of securing, storing and conveying water for irrigation or for drainage, or any other beneficial purpose, upon payment of just compensation therefor.

(2) But such right of way shall in all cases be so constructed, obtained, located and exercised in a manner consistent with proper and economical and engineering construction, so as not to unnecessarily impair practical use of any other right of way, highway or public or private road, nor to unnecessarily injure any public or private property.

(3) Such right of way may be acquired in the manner provided by law for the taking of private property for public use. If a water right permit is required under the applicable provisions of ORS chapter 537 in order to use, store or convey water within the right of way, a person, firm, cooperative, association or corporation may not acquire a right of way under this subsection before obtaining a water right permit or obtaining a final order of the Water Resources Department approving an application for a water right permit.

(4) In determining just compensation under subsection (1) of this section for a right of way across forestlands, consideration shall be given, but not limited to, the effect of the right of way on:

(a) Access to the whole of the affected parcel;

(b) Ease and method of timber harvesting or other commercial uses of the affected parcel; and

(c) Any agricultural or silvicultural activities on the affected parcel, including but not limited to application of chemicals, cultivation or harvesting activities and movement of equipment associated with any of the above activities. [Amended by 1989 c.509 §1; 1995 c.365 §8]

Source: Section 772.305 — Condemnation of right of way for drainage or irrigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.950 — OR Code / Title 57 / Chapter 757 / Section 757.950
757.950 Authorization to issue and sell revenue bonds
Status: in_force

(1) Oregon Community Power may issue and sell revenue bonds as provided in ORS chapter 287A. However, ORS 287A.150 (Authority of public body to issue revenue bonds) does not apply to revenue bonds issued by Oregon Community Power. Revenue bonds issued by Oregon Community Power are not a general obligation of Oregon Community Power and may not be a charge upon any revenues or property of Oregon Community Power that is not specifically pledged thereto. Any obligation of any kind incurred by Oregon Community Power under this section is not, and may not be considered, an indebtedness of the State of Oregon.

(2) Revenue bonds or other financing agreements issued by Oregon Community Power under this section are bonds or obligations of a political subdivision of the State of Oregon for the purposes of all laws of this state. [2007 c.807 §39; 2009 c.538 §15]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.950 — Authorization to issue and sell revenue bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.069 — OR Code / Title 57 / Chapter 757 / Section 757.069
757.069 Notice of delinquency on water bill
Status: in_force

(1) If a customer of a water utility fails to pay a water bill for more than 120 days after the bill becomes due, the water utility shall mail notice of the delinquency to the persons who are listed as the owners of the property in the real property tax records for the county only if the utility asserts that the property owners are responsible for the bill. The notice must be mailed to the addresses of the owners as reflected in the real property tax records.

(2) The provisions of this section apply to water utilities operated by public utilities, municipalities, cooperatives and unincorporated associations. [2005 c.168 §2; 2007 c.211 §1]

Source: Section 757.069 — Notice of delinquency on water bill , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.519 — OR Code / Title 57 / Chapter 757 / Section 757.519
757.519 Consideration of net gain or net loss upon sale of coal-fired resource for allocation to certain retail electricity consumers
Status: in_force

The Public Utility Commission may consider the net gain or net loss upon the sale of any coal-fired resource, as defined in ORS 757.518 (Elimination of coal-fired resources from allocations of electricity) , for allocation to the retail electricity consumers, as defined in ORS 757.600 (Definitions for ORS 757.600 to 757.687) , of an electric company that makes sales of electricity to 25,000 or more retail electricity consumers in this state. [2016 c.28 §2]

Note: See note under 757.518 (Elimination of coal-fired resources from allocations of electricity) .

Source: Section 757.519 — Consideration of net gain or net loss upon sale of coal-fired resource for allocation to certain retail electricity consumers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.995 — OR Code / Title 57 / Chapter 757 / Section 757.995
757.995 Civil penalty for violation of wildfire protection provisions or rule
Status: in_force

(1) In addition to all other penalties provided by law, violation of ORS 757.963 (Public utility required to develop wildfire protection plan) or a rule adopted pursuant to ORS 757.963 (Public utility required to develop wildfire protection plan) is subject to a civil penalty not to exceed $10,000.

(2) Notwithstanding ORS 183.315 (Application of provisions of chapter to certain agencies) (6), 183.745 (Civil penalty procedures) (7)(d) and 756.500 (Complaint) to 756.610 (Judicial review) , civil penalties under this section must be imposed by the Public Utility Commission as provided in ORS 183.745 (Civil penalty procedures) .

(3) Civil penalties collected under this section must be paid into the General Fund and credited to the Public Utility Commission Account as described in ORS 756.990 (Penalties) (7). [2021 c.592 §3a]

Source: Section 757.995 — Civil penalty for violation of wildfire protection provisions or rule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.627 — OR Code / Title 57 / Chapter 757 / Section 757.627
757.627 Retail electricity consumers eligible for direct access may aggregate electricity loads
Status: in_force

(1) An electric company shall permit retail electricity consumers that are eligible for direct access to voluntarily aggregate their electricity loads.

(2) A retail electricity consumer that is eligible for direct access may voluntarily aggregate its electricity load with the electricity load of any other retail electricity consumer that is eligible for direct access. [1999 c.865 §9]

Source: Section 757.627 — Retail electricity consumers eligible for direct access may aggregate electricity loads , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.398 — OR Code / Title 57 / Chapter 757 / Section 757.398
757.398 Small natural gas utilities
Status: in_force

(1) Upon a filing by a small natural gas utility to participate in the small renewable natural gas program adopted by rule by the Public Utility Commission under ORS 757.394 (Renewable natural gas programs) (2), the commission shall establish a rate cap limiting the small natural gas utility’s costs of procuring renewable natural gas from third parties and qualified investments in renewable natural gas infrastructure. The rate cap must be expressed as a percentage of the small natural gas utility’s total revenue requirement as approved by the commission in the public utility’s most recent general rate case. For the purposes of establishing a rate cap under this subsection, the commission shall account for:

(a) Any value received by the small natural gas utility upon any resale of renewable natural gas, including any environmental credits that the renewable natural gas producer chooses to include with the sale of renewable natural gas to the small natural gas utility; and

(b) Any savings achieved through avoidance of conventional gas purchases or development, such as avoided pipeline costs or carbon costs.

(2) Intentionally left blank —Ed.

(a) A filing by a small natural gas utility under subsection (1) of this section must include, but need not be limited to:

(A) A proposal to procure a total volume of renewable natural gas over a specific period; and

(B) Identification of the qualified investments that the small natural gas utility may make in renewable natural gas infrastructure.

(b) A small natural gas utility may from time to time revise the filing submitted to the commission under this section.

(3) Any prudently incurred costs incurred by a small natural gas utility pursuant to a filing submitted under this section may be recovered by means of an automatic adjustment clause, as defined in ORS 757.210 (Hearing to establish new schedules) .

(4) When a small natural gas utility makes a qualified investment in the production of renewable natural gas, the costs associated with that qualified investment shall include the cost of capital established by the commission in the small natural gas utility’s most recent general rate case. [2019 c.541 §6]

Source: Section 757.398 — Small natural gas utilities; filing to participate; rate cap; cost recovery; qualified investments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.425 — OR Code / Title 57 / Chapter 759 / Section 759.425
759.425 Universal service fund
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Public Utility Commission shall establish and implement a competitively neutral and nondiscriminatory universal service fund. The commission shall:

(A) Use the universal service fund to ensure basic telephone service is available at a reasonable and affordable rate; and

(B) Transfer from the universal service fund to the Oregon Business Development Department for deposit in the Broadband Fund established under ORS 285A.167 (Broadband Fund) , an amount per year that is equal to the lesser of:

(i) $5 million; or

(ii) The remainder of moneys deposited in the universal service fund that are unobligated after making the designation required in paragraph (b) of this subsection.

(b) The commission shall designate the amount of moneys deposited annually in the universal service fund to be used to ensure basic telephone service. The amount designated under this paragraph may not exceed $28 million per year.

(c) The commission may:

(A) Adopt rules to conform the universal service fund to section 254 of the federal Telecommunications Act of 1996 (P.L. 104-104), and to related regulations adopted by the Federal Communications Commission, to the extent that the Public Utility Commission determines conforming the rules is appropriate; and

(B) In addition to using the universal service fund to ensure basic telephone service, use the universal service fund to encourage broadband service availability and to provide support to telecommunications carriers that provide both basic telephone service and broadband service.

(2) Intentionally left blank —Ed.

(a) The commission shall establish the price a telecommunications utility may charge its customers for basic telephone service. The commission shall periodically review and evaluate the status of telecommunications services in the state and designate the services included in basic telephone service. The commission shall periodically review and adjust as necessary the price a telecommunications utility may charge for basic telephone service.

(b) The provisions of this subsection do not apply to the basic telephone service provided by a telecommunications utility described in ORS 759.040 (Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines) .

(3) Intentionally left blank —Ed.

(a) The commission shall establish a benchmark for basic telephone service as necessary for the administration and distribution of the universal service fund. The universal service fund shall provide explicit support to an eligible telecommunications carrier that is equal to the difference between the cost of providing basic telephone service and the benchmark, less any explicit compensation received by the telecommunications carrier from federal sources specifically used to recover local loop costs and less any explicit support received by the telecommunications carrier from a federal universal service program.

(b) The commission shall periodically review the benchmark established under paragraph (a) of this subsection and adjust the benchmark as necessary to reflect:

(A) Changes in competition in the telecommunications industry;

(B) Changes in federal universal service support; and

(C) Other relevant factors as determined by the commission.

(c) Except for a telecommunications utility described in ORS 759.040 (Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines) , the commission shall seek to limit the difference between the price a telecommunications utility may charge for basic telephone service and the benchmark.

(4) Intentionally left blank —Ed.

(a) There is imposed a universal service surcharge on the sale in this state of all:

(A) Retail telecommunications services;

(B) Retail commercial mobile radio services; and

(C) Retail interconnected voice over internet protocol services.

(b) A retail commercial mobile radio service provider shall identify the intrastate revenues subject to the universal service surcharge based on the inverse of the percentage of interstate revenues utilized for purposes of federal universal service contributions or based on any other method approved by the Public Utility Commission. A retail commercial mobile radio service provider may rely upon the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (P.L. 106-252) to identify revenues attributable to Oregon.

(c) A retail interconnected voice over internet protocol service provider may identify, in accordance with federal guidelines, the intrastate revenues subject to the universal service surcharge based on any one of the following:

(A) The inverse of the interstate safe harbor percentage established by the Federal Communications Commission for interconnected voice over internet protocol service for federal universal service contribution purposes, as the interstate safe harbor percentage may be revised from time to time;

(B) A traffic study specific to the interconnected voice over internet protocol service provider that allocates revenues between federal and state jurisdictions; or

(C) Another methodology for accurately apportioning interconnected voice over internet protocol service revenues between federal and state jurisdictions.

(d) For any service provider subject to the universal service surcharge 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 subparagraph (A) of this paragraph does not exist, by the service provider’s billing system books and records.

(e) Unless otherwise provided by the Public Utility Commission by rule, the universal service surcharge must be a uniform percentage of the sale of services subject to the surcharge in an amount sufficient to support the purposes of the universal service fund established under subsection (1) of this section, provided that the percentage does not exceed six percent of the sale of services subject to the surcharge.

(f) The universal service surcharge may be listed by a telecommunications carrier as a separate line item in billing statements provided to customers, as prescribed by the commission by rule or order. The commission may not prescribe whether, or the manner by which, a commercial mobile radio services provider or an interconnected voice over internet protocol services provider may list the surcharge in billing statements provided to customers.

(g) A service provider required to collect the universal service surcharge shall:

(A) Transmit amounts collected pursuant to this section to the commission in accordance with a schedule adopted by the commission; and

(B) Provide the commission with information requested by the commission as necessary for the commission to implement this section.

(5) The commission shall deposit moneys transmitted to the commission pursuant to subsection (4) of this section in the universal service fund established under subsection (1) of this section.

(6) The universal service fund established under subsection (1) of this section is separate and distinct from the General Fund. The universal service fund shall consist of all universal service surcharge moneys collected by service providers required to collect the surcharge and transmitted to the commission for deposit in the universal service fund. The universal service fund may be used only for the purposes described in this section and for payment of expenses incurred by the commission or a third party appointed by the commission to administer this section. All moneys in the universal service fund are continuously appropriated to the commission to carry out the provisions of this section. Interest on moneys deposited in the universal service fund shall accrue to the universal service fund.

(7) A pay telephone provider may apply to the commission, on a form developed by the commission, for a refund of the universal service surcharge imposed on the pay telephone provider under subsection (4) of this section for the provision of pay telephone service.

(8) Nothing in this section is intended to grant the commission the authority to impose any requirement or condition, or to exercise any regulatory authority, with respect to commercial mobile radio services or interconnected voice over internet protocol services other than as expressly provided for in this section. [1999 c.1093 §28; 2001 c.966 §3; 2003 c.14 §§455,456; 2007 c.353 §1; 2009 c.885 §16; 2011 c.189 §1; 2017 c.32 §1; 2020 s.s.1 c.17 §2]

Note: The amendments to 759.425 (Universal service fund) by section 3, chapter 17, Oregon Laws 2020 (first special session), become operative January 2, 2030. See section 10, chapter 17, Oregon Laws 2020 (first special session). The text that is operative on and after January 2, 2030, is set forth for the user’s convenience.

759.425 (Universal service fund) . (1)(a) The Public Utility Commission shall establish and implement a competitively neutral and nondiscriminatory universal service fund. The commission shall use the universal service fund to ensure basic telephone service is available at a reasonable and affordable rate.

(b) The commission shall designate the amount of moneys deposited annually in the universal service fund to be used to ensure basic telephone service. The amount designated under this paragraph may not exceed $28 million per year.

(c) The commission may:

(A) Adopt rules to conform the universal service fund to section 254 of the federal Telecommunications Act of 1996 (P.L. 104-104), and to related regulations adopted by the Federal Communications Commission, to the extent that the Public Utility Commission determines conforming the rules is appropriate; and

(B) In addition to using the universal service fund to ensure basic telephone service, use the universal service fund to encourage broadband service availability and to provide support to telecommunications carriers that provide both basic telephone service and broadband service.

(2) Intentionally left blank —Ed.

(a) The commission shall establish the price a telecommunications utility may charge its customers for basic telephone service. The commission shall periodically review and evaluate the status of telecommunications services in the state and designate the services included in basic telephone service. The commission shall periodically review and adjust as necessary the price a telecommunications utility may charge for basic telephone service.

(b) The provisions of this subsection do not apply to the basic telephone service provided by a telecommunications utility described in ORS 759.040 (Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines) .

(3) Intentionally left blank —Ed.

(a) The commission shall establish a benchmark for basic telephone service as necessary for the administration and distribution of the universal service fund. The universal service fund shall provide explicit support to an eligible telecommunications carrier that is equal to the difference between the cost of providing basic telephone service and the benchmark, less any explicit compensation received by the telecommunications carrier from federal sources specifically used to recover local loop costs and less any explicit support received by the telecommunications carrier from a federal universal service program.

(b) The commission shall periodically review the benchmark established under paragraph (a) of this subsection and adjust the benchmark as necessary to reflect:

(A) Changes in competition in the telecommunications industry;

(B) Changes in federal universal service support; and

(C) Other relevant factors as determined by the commission.

(c) Except for a telecommunications utility described in ORS 759.040 (Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines) , the commission shall seek to limit the difference between the price a telecommunications utility may charge for basic telephone service and the benchmark.

(4) Intentionally left blank —Ed.

(a) There is imposed a universal service surcharge on the sale in this state of all:

(A) Retail telecommunications services;

(B) Retail commercial mobile radio services; and

(C) Retail interconnected voice over internet protocol services.

(b) A retail commercial mobile radio service provider shall identify the intrastate revenues subject to the universal service surcharge based on the inverse of the percentage of interstate revenues utilized for purposes of federal universal service contributions or based on any other method approved by the Public Utility Commission. A retail commercial mobile radio service provider may rely upon the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (P.L. 106-252) to identify revenues attributable to Oregon.

(c) A retail interconnected voice over internet protocol service provider may identify, in accordance with federal guidelines, the intrastate revenues subject to the universal service surcharge based on any one of the following:

(A) The inverse of the interstate safe harbor percentage established by the Federal Communications Commission for interconnected voice over internet protocol service for federal universal service contribution purposes, as the interstate safe harbor percentage may be revised from time to time;

(B) A traffic study specific to the interconnected voice over internet protocol service provider that allocates revenues between federal and state jurisdictions; or

(C) Another methodology for accurately apportioning interconnected voice over internet protocol service revenues between federal and state jurisdictions.

(d) For any service provider subject to the universal service surcharge 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 subparagraph (A) of this paragraph does not exist, by the service provider’s billing system books and records.

(e) Unless otherwise provided by the Public Utility Commission by rule, the universal service surcharge must be a uniform percentage of the sale of services subject to the surcharge in an amount sufficient to support the purposes of the universal service fund established under subsection (1) of this section, provided that the percentage does not exceed six percent of the sale of services subject to the surcharge.

(f) The universal service surcharge may be listed by a telecommunications carrier as a separate line item in billing statements provided to customers, as prescribed by the commission by rule or order. The commission may not prescribe whether, or the manner by which, a commercial mobile radio services provider or an interconnected voice over internet protocol services provider may list the surcharge in billing statements provided to customers.

(g) A service provider required to collect the universal service surcharge shall:

(A) Transmit amounts collected pursuant to this section to the commission in accordance with a schedule adopted by the commission; and

(B) Provide the commission with information requested by the commission as necessary for the commission to implement this section.

(5) The commission shall deposit moneys transmitted to the commission pursuant to subsection (4) of this section in the universal service fund established under subsection (1) of this section.

(6) The universal service fund established under subsection (1) of this section is separate and distinct from the General Fund. The universal service fund shall consist of all universal service surcharge moneys collected by service providers required to collect the surcharge and transmitted to the commission for deposit in the universal service fund. The universal service fund may be used only for the purposes described in this section and for payment of expenses incurred by the commission or a third party appointed by the commission to administer this section. All moneys in the universal service fund are continuously appropriated to the commission to carry out the provisions of this section. Interest on moneys deposited in the universal service fund shall accrue to the universal service fund.

(7) A pay telephone provider may apply to the commission, on a form developed by the commission, for a refund of the universal service surcharge imposed on the pay telephone provider under subsection (4) of this section for the provision of pay telephone service.

(8) Nothing in this section is intended to grant the commission the authority to impose any requirement or condition, or to exercise any regulatory authority, with respect to commercial mobile radio services or interconnected voice over internet protocol services other than as expressly provided for in this section.

Source: Section 759.425 — Universal service fund; transfer of moneys to Broadband Fund; commission to establish price for basic telephone service; universal service surcharge; application to cellular services; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.010 — OR Code / Title 57 / Chapter 758 / Section 758.010
758.010 Authority to construct lines and facilities
Status: in_force

(1) Except within cities, any person has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures and other facilities along the public roads in this state, as defined in ORS 368.001 (Definitions) or across rivers or over any lands belonging to state government, as defined in ORS 174.111 (“State government” defined) , free of charge, and over lands of private individuals, as provided in ORS 772.210 (Right of entry and condemnation of lands for construction of service facilities) . Such lines, fixtures and facilities shall not be constructed so as to obstruct any public road or navigable stream.

(2) A county governing body and the Department of Transportation have authority to designate the location upon roads under their respective jurisdiction, outside of cities, where lines, fixtures and facilities described in this section may be located, and subject to ORS 758.025 (Relocation of utilities in highway right of way) may order the location of any such line, fixture or facility to be changed when such governing body or department deems it expedient. Any line, fixture or facility erected or remaining in a different location upon such road than that designated in any order of the governing body or department is a public nuisance and may be abated accordingly.

(3) The state officer, agency, board or commission having jurisdiction over any land belonging to state government, as defined in ORS 174.111 (“State government” defined) , with respect to which the right and privilege granted under subsection (1) of this section is exercised may impose reasonable requirements for the location, construction, operation and maintenance of the lines, fixtures and facilities on such land. The person exercising such right and privilege over any land belonging to state government, as defined in ORS 174.111 (“State government” defined) , shall pay the current market value for the existing forest products that are damaged or destroyed in exercising such right and privilege. Such right and privilege of any person is conditioned upon compliance with the requirements imposed by this subsection. [Amended by 1955 c.123 §1; 1971 c.655 §100; 1981 c.153 §76; 2001 c.664 §§3,6; 2009 c.444 §4; 2015 c.55 §1]

Source: Section 758.010 — Authority to construct lines and facilities; requirements and conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 772.025 — OR Code / Title 57 / Chapter 772 / Section 772.025
772.025 Approval of railroad crossing, intersection or connection
Status: in_force

(1) Whenever any railroad corporation, authorized by ORS 772.020 (Condemnation of additional land for railway purposes) to condemn the right to cross or connect with any other right of way or constructed line of railroad, is unable to agree with the owner of the line which it desires to cross, it may apply to the Department of Transportation in the manner provided by ORS 824.228 (Procedure for determining mode of track crossing of intersecting railroads) to 824.232 (Forfeiture for noncompliance) .

(2) Upon such application and upon notice and hearing as provided in ORS chapter 183 for contested cases, the department shall determine the right to crossing, intersection or connection, the mode and manner thereof and the compensation to be paid therefor.

(3) No agreement for the crossing of one railroad by another shall be valid without the approval of the department. [Amended by 1971 c.655 §234; 1995 c.733 §97; 1997 c.275 §23]

Source: Section 772.025 — Approval of railroad crossing, intersection or connection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 759.400 — OR Code / Title 57 / Chapter 759 / Section 759.400
759.400 Definitions for ORS 759.400 to 759.455
Status: in_force

As used in ORS 759.400 (Definitions for ORS 759.400 to 759.455) to 759.455 (Prohibited acts) :

(1) “Basic telephone service” means local exchange telecommunications service defined as basic by rule of the Public Utility Commission.

(2) “Commercial mobile radio service” has the meaning given that term in 47 C.F.R. 20.3.

(3) “Interconnected voice over internet protocol service” has the meaning given the term “interconnected VoIP service” in 47 C.F.R. 9.3.

(4) “Retail telecommunications service” means a telecommunications service provided for a fee to customers. “Retail telecommunications service” does not include a service provided by one telecommunications carrier to another telecommunications carrier, unless the carrier receiving the service is the end user of the service.

(5) “Telecommunications carrier” means any provider of retail telecommunications services, except a call aggregator as defined in ORS 759.680 (Operator service provider duties to service users) . [1999 c.1093 §23; 2020 s.s.1 c.17 §1]

Source: Section 759.400 — Definitions for ORS 759.400 to 759.455 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.720 — OR Code / Title 57 / Chapter 759 / Section 759.720
759.720 Action against information provider for failure to comply with law
Status: in_force

(1) Any customer, telecommunications utility or local exchange carrier who suffers damages from a violation of ORS 646.608 (Additional unlawful business, trade practices) , 646.639 (Unlawful collection practices) and 759.700 (Definitions for ORS 759.700 to 759.720) to 759.720 (Action against information provider for failure to comply with law) by an information provider has a cause of action against such information provider. The court may award the greater of three times the actual damages or $500, or order an injunction or restitution. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

(3) When an information provider has failed to comply with any provision of ORS 646.608 (Additional unlawful business, trade practices) , 646.639 (Unlawful collection practices) and 759.700 (Definitions for ORS 759.700 to 759.720) to 759.720 (Action against information provider for failure to comply with law) , any obligation by a customer that may have arisen from the dialing of a pay-per-call telephone number is void and unenforceable.

(4) Any obligation that may have arisen from the dialing of a pay-per-call telephone number is void and unenforceable if made by:

(a) An unemancipated child under 18 years of age; or

(b) A person whose physician or naturopathic physician substantiates that:

(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 person’s action; and

(B) The disorder was diagnosed before the obligation was incurred.

(5) 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 subsection (2) or (4) of this section, no further billing or collection activities shall be undertaken in regard to that obligation.

(6) The telecommunications utility or local exchange carrier may require the customer to take pay-per-call telephone blocking service after the initial obligation has been voided. [1991 c.672 §4; 1993 c.513 §1; 1995 c.696 §49; 2017 c.356 §102]

Source: Section 759.720 — Action against information provider for failure to comply with law; remedies; customer liability for charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.015 — OR Code / Title 57 / Chapter 758 / Section 758.015
758.015 Certificate of public convenience and necessity
Status: in_force

(1) When any person, as defined in ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) , providing electric utility service, as defined in ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) , or any transmission company, proposes to construct an overhead transmission line which will necessitate a condemnation of land or an interest therein, it shall petition the Public Utility Commission for a certificate of public convenience and necessity setting forth a detailed description and the purpose of the proposed transmission line, the estimated cost, the route to be followed, the availability of alternate routes, a description of other transmission lines connecting the same areas, and such other information in such form as the commission may reasonably require in determining the public convenience and necessity.

(2) The commission shall give notice and hold a public hearing on such petition. The commission, in addition to considering facts presented at such hearing, shall make the commission’s own investigation to determine the necessity, safety, practicability and justification in the public interest for the proposed transmission line and shall enter an order accordingly. Except for petitions for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line, the order shall be subject to review as in other cases. Orders on petitions for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line are subject to judicial review in the same manner as an order in a contested case as set forth in ORS 758.017 (Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval) . In any proceeding for condemnation, a certified copy of such order shall be conclusive evidence that the transmission line for which the land is required is a public use and necessary for public convenience.

(3) This section shall not apply to construction of transmission lines in connection with a project for which a permit or license is otherwise obtained pursuant to state or federal law.

(4) As used in this section and ORS 758.020 (Joint occupancy of poles) , “transmission company” means a person or entity that owns or operates high voltage transmission lines and is subject to the jurisdiction of the Federal Energy Regulatory Commission. “Transmission company” does not include a cooperative organized under ORS chapter 62. [1961 c.691 §19; 2001 c.913 §6; 2013 c.335 §1]

Source: Section 758.015 — Certificate of public convenience and necessity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.360 — OR Code / Title 57 / Chapter 759 / Section 759.360
759.360 Prohibited acts regarding issuance of securities
Status: in_force

No person shall:

(1) Knowingly authorize, direct, aid in, issue or execute, or cause to be issued or executed, any stock or bond, note or other evidence of indebtedness, in nonconformity with the order of the Public Utility Commission authorizing the same, or contrary to the provisions of ORS 759.300 (“Stocks” defined) to 759.360 (Prohibited acts regarding issuance of securities) or of the Constitution of this state.

(2) In any proceeding before the commission, knowingly make any false statement or representation or with knowledge of its falsity file or cause to be filed with the commission any false statement or representation which may tend in any way to influence the commission to make an order authorizing the issue of any stock or bond, note or other evidence of indebtedness, or which results in procuring from the commission the making of any such order.

(3) With knowledge that any false statement or representation was made to the commission in any proceeding tending in any way to influence the commission to make such order, issue, execute or negotiate, or cause to be issued, executed or negotiated, any stock or bond, note or other evidence of indebtedness.

(4) Directly or indirectly, knowingly apply, or cause or assist to be applied, the proceeds, or any part thereof, from the sale of any stock or bond, note or other evidence of indebtedness, to any purpose not specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount authorized for such purpose.

(5) With knowledge that any stock or bond, note or other evidence of indebtedness, has been issued or executed in violation of ORS 759.300 (“Stocks” defined) to 759.360 (Prohibited acts regarding issuance of securities) , negotiate, or cause the same to be negotiated. [1987 c.447 §40]

Source: Section 759.360 — Prohibited acts regarding issuance of securities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 772.040 — OR Code / Title 57 / Chapter 772 / Section 772.040
772.040 Condemnation rights of pipe corporations
Status: in_force

Except in cities, any corporation organized for conducting water by means of pipe laid upon or under the surface of the ground may, so far as may be necessary for the laying and keeping in repair its water pipes, condemn the use of so much land as may be necessary, and may make whatever cuts and excavations as soon as practicable after condemnation.

Source: Section 772.040 — Condemnation rights of pipe corporations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 759.180 — OR Code / Title 57 / Chapter 759 / Section 759.180
759.180 Hearing on reasonableness of rates
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in ORS 759.195 (Price listing of services) and 759.410 (Intent of ORS 759.410) and ORS 759.052 (Commission authority to exempt telecommunications services from regulation) , 759.054 (Price listing for product or service offered as part of local exchange telecommunications services) or 759.056 (Price listing for product or service offered as part of interexchange telecommunications services) , whenever any telecommunications utility files with the Public Utility Commission any rate or schedule of rates stating or establishing a new rate or schedule of rates or increasing an existing rate or schedule of rates, the commission may, either upon written complaint or upon the commission’s own initiative, after reasonable notice, conduct a hearing to determine the propriety and reasonableness of the rate or schedule. The commission shall conduct the hearing upon written complaint filed by the telecommunications utility, its customer or customers, or any other proper party within 60 days of the telecommunications utility’s filing. A hearing need not be held if the particular rate change is the result of an automatic adjustment clause. At the hearing the telecommunications utility shall bear the burden of showing that the rate or schedule of rates proposed to be established or increased or changed is just and reasonable.

(b) As used in this subsection, “automatic adjustment clause” means a provision of a rate schedule, authorized pursuant to ORS 759.195 (Price listing of services) (6), that provides for rate increases, decreases or both, without prior hearing, reflecting increases, decreases or both in costs incurred by a telecommunications utility and that is subject to review by the commission at least once every two years.

(2) The commission and staff may consult at any time with, and provide technical assistance to, telecommunications utilities, their customers, and other interested parties on matters relevant to utility rates and charges. If a hearing is held with respect to a rate change, the decisions of the commission shall be based on the record made at the hearing. [1987 c.447 §13; 1989 c.5 §16; 2005 c.232 §16]

Source: Section 759.180 — Hearing on reasonableness of rates; procedures; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.130 — OR Code / Title 57 / Chapter 759 / Section 759.130
759.130 Closing date of accounts
Status: in_force

(1) The accounts shall be closed annually on December 31 and a balance sheet of that date promptly taken therefrom. On or before April 1 following, such balance sheet, together with such other information as the Public Utility Commission shall prescribe, verified by an officer of the telecommunications utility, shall be filed with the commission.

(2) The commission may examine and audit any account. Items shall be allocated to the accounts in the manner prescribed by the commission. [1987 c.447 §10]

Source: Section 759.130 — Closing date of accounts; filing balance sheet; audit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.818 — OR Code / Title 57 / Chapter 757 / Section 757.818
757.818 Oregon Community Power created
Status: in_force

(1) Oregon Community Power is created as a public corporation. Oregon Community Power shall exercise and carry out all powers, rights and privileges that are conferred upon Oregon Community Power under ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) .

(2) Oregon Community Power is created as a public corporation in order to carry out public services in sectors of the economy in which activities or services are also provided by private enterprise. Oregon Community Power is granted all needed operating flexibility under ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) in order to ensure the success of Oregon Community Power while retaining principles of public accountability and oversight.

(3) The primary mission of Oregon Community Power is to provide reliable, low-cost electricity to electricity consumers in the service territory in which Oregon Community Power undertakes to provide electricity service. [2007 c.807 §3]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.818 — Oregon Community Power created , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.215 — OR Code / Title 57 / Chapter 758 / Section 758.215
758.215 Definitions for ORS 758.210 to 758.270
Status: in_force

As used in ORS 758.210 (Policy) to 758.270 (Effect of ORS 758.210 to 758.270 on existing laws and rights) , unless the context requires otherwise:

(1) “Convert,” “converting” or “conversion” means the removal of overhead electric or communication facilities and the replacement thereof with underground electric or communication facilities at the same or different locations.

(2) “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, crossarms, 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” does not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 35,000 volts.

(b) “Communication facilities” does not include 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” does not include 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.

(3) “Landowner” or “owner” means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor.

(4) “Overhead electric or communication facilities” means electric or communication facilities located above the surface of the ground.

(5) “Public authority” means a city or county.

(6) “Public lands and right of way” includes rights of way for streets, roads and highways and all land or interests in land owned by a public authority.

(7) “Underground assessment district” or “district” means an assessment district created as provided by ORS 758.210 (Policy) to 758.270 (Effect of ORS 758.210 to 758.270 on existing laws and rights) .

(8) “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 utility facilities are underground in accordance with standard underground practices.

(9) “Utility” means any electric or communication utility described by ORS 757.005 (Definition of public utility) or any telecommunications utility described by ORS 759.005 (Definitions) , any plant owned or operated by a municipality, any person furnishing community antenna television service to the public and any cooperative corporation or people’s utility district engaged in furnishing electric or communication service to consumers. [1969 c.385 §2; 1971 c.360 §1; 1987 c.447 §100]

Source: Section 758.215 — Definitions for ORS 758.210 to 758.270 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.027 — OR Code / Title 57 / Chapter 759 / Section 759.027
759.027 Shared telecommunications service provider
Status: in_force

If the Public Utility Commission finds upon notice and investigation that customers of shared telecommunications services have no alternative access to local exchange telecommunications services, the commission may require the shared telecommunications service provider to make alternative facilities or conduit space available on reasonable terms and conditions and at reasonable prices. [2005 c.232 §5]

Source: Section 759.027 — Shared telecommunications service provider; alternative access to local exchange telecommunications services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.262 — OR Code / Title 57 / Chapter 757 / Section 757.262
757.262 Rates to encourage acquisition of cost-effective conservation resources
Status: in_force

(1) The Public Utility Commission, by rule, may adopt policies designed to encourage the acquisition of cost-effective conservation resources and small-scale, renewable-fuel electric generating resources.

(2) In furtherance of the policies adopted pursuant to subsection (1) of this section, and in such manner as the commission considers proper, the commission may authorize periodic rate adjustments for the purpose of providing some protection to a utility from reduction of short-term earnings that may result from implementation of such policies. The adjustments may include, but are not limited to, adjustments based in whole or in part upon the extent to which actual sales deviate from a base level of sales the commission considers appropriate. [1993 c.175 §3; 1999 c.944 §3]

Source: Section 757.262 — Rates to encourage acquisition of cost-effective conservation resources; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.212 — OR Code / Title 57 / Chapter 757 / Section 757.212
757.212 Resource rate plans
Status: in_force

(1) For purposes of this section:

(a) “Resource rate plan” means a plan by a public utility to construct a generating plant or to enter into a wholesale power purchase or sales agreement with a term that is longer than one year.

(b) “Site” means:

(A) Buildings or other related structures that are interconnected by facilities owned by a single public utility customer 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:

(i) Each building or structure included in the site is not more than 1,000 feet from at least one other building or structure in the site;

(ii) Buildings and structures in the site, and land containing and connecting buildings and structures in the site, are owned by a public utility customer who is billed for electricity use at the buildings and structures; and

(iii) 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.

(2) The Public Utility Commission may approve a resource rate plan as an alternative form of regulation plan under ORS 757.210 (Hearing to establish new schedules) . A public utility must make a separate tariff filing for each proposed resource rate plan. If the commission approves a resource rate plan by a public utility based on the construction of a generating plant, the order approving the plan must state how the commission will reflect the costs and revenues of the generating plant in the utility’s rates during all or a portion of the expected useful life of the generating plant. If the commission approves a resource rate plan based on a wholesale power purchase or sales agreement with a term longer than one year, the order approving the plan must state how the commission will reflect the costs and revenues under the wholesale power purchase or sales agreement in the utility’s rates during all or a portion of the term of the agreement.

(3) A customer receiving electricity from a public utility may elect to be exempt from the costs and benefits of a resource rate plan for any single site at which the customer has had a peak load in excess of nine megawatts in any hour during the 12-month period immediately preceding the date on which the public utility files a tariff under this section. A public utility filing a tariff under this section must give written notice of the provisions of this subsection to all of its customers that are eligible to make an election under this subsection. The notice must be given within three days after the tariff is filed. An election under this subsection must be made by a customer within 30 days after the tariff is filed.

(4) A public utility customer that elects to be exempt under subsection (3) of this section may also elect to be exempt from the costs and benefits of a resource rate plan for any single site at which the customer has had a peak load in excess of one megawatt in any hour during the 12-month period immediately preceding the date on which the public utility files a tariff under this section. An election under this subsection must be made as part of the election under subsection (3) of this section.

(5) The commission shall ensure that customers making an election under subsection (3) or (4) of this section are charged the market cost for all electricity that is required to replace the electricity that would otherwise have been provided under the resource rate plan, and that the election does not result in increased costs or risks to the public utility or to other customers of the public utility.

(6) The commission, by rule, may allow customers of a public utility other than those customers described in subsection (3) of this section to elect to be exempt from the costs and benefits of a resource rate plan.

(7) If the commission approves a resource rate plan, the order of the commission must also address:

(a) The extent to which the public utility will use power from the generating plant or from the power purchase or sales agreement to serve its retail customers in Oregon;

(b) The allocation of power available from the generating plant or power purchase or sales agreement among different classes of the public utility’s customers;

(c) The ratemaking consequences of the generating plant or power purchase or sales agreement, including the consequences of variations in the amount of power that is actually available after the plan is in operation compared with the amount of power that was anticipated to be available at the time the plan was approved; and

(d) Any other issue the commission chooses to consider.

(8) If the commission approves a resource rate plan, the commission may not thereafter review the costs and rates specific to the resource rate plan or other obligations of the public utility under the plan, or consider any complaint under ORS 756.500 (Complaint) seeking review of the costs and rates specific to the resource rate plan or other obligations of the public utility under the plan, except for the purpose of determining whether the public utility is in compliance with the plan and has established rates in accordance with the plan.

(9) A resource rate plan and a public utility’s rates under a resource rate plan are not subject to ORS 757.355 (Costs of property not presently providing utility service excluded from rate base) .

(10) The commission may not set aside or modify an order approving a resource rate plan unless the public utility operating under the plan approves the setting aside or modification. [2001 c.913 §2; 2005 c.638 §8]

Note: 757.212 (Resource rate plans) was added to and made a part of 757.205 (Filing schedules with commission) to 757.220 (Notice of schedule changes required) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 757.212 — Resource rate plans; customers who may elect to be exempt; order approving plan; effect of approving plan; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.009 — OR Code / Title 57 / Chapter 757 / Section 757.009
757.009 Procedure for reregulation of furnishers of heat
Status: in_force

(1) Except as provided in subsection (2) of this section, the Public Utility Commission may, upon written complaint or upon the commission’s own motion, regulate, under ORS 757.205 (Filing schedules with commission) to 757.240 (Filing schedules in business office) , or any part thereof, any person otherwise exempt from regulation under ORS 757.005 (Definition of public utility) (1)(b)(E) as follows:

(a) With respect to any or all customers, if the commission finds that the activities of such person have an adverse effect upon the customers of public utilities furnishing electricity or natural gas and the benefits of such regulation outweigh any adverse effect on the public generally; or

(b) With respect to any customer receiving service not exceeding 500 million British thermal units per year or any residential customer, if the commission finds that such person has engaged in unjust or unreasonable practices with respect to the services or rates available to the customer and the customer has no reasonable alternative to the services provided.

(2) The commission shall not regulate persons under subsection (1)(a) of this section with respect to contracts that became effective prior to the date of service of the complaint or with respect to heating systems already in place on the date of service of the complaint if the commission determines that continued expansion will increase the efficiency of those systems. [1989 c.999 §§4b,4d; 2003 c.82 §6]

Source: Section 757.009 — Procedure for reregulation of furnishers of heat , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.010 — OR Code / Title 57 / Chapter 756 / Section 756.010
756.010 Definitions
Status: in_force

As used in ORS chapters 756, 757, 758 and 759, except as otherwise specifically provided or unless the context requires otherwise:

(1) “Commission” means the Public Utility Commission of Oregon.

(2) “Commissioner” means a member of the Public Utility Commission of Oregon.

(3) “Customer” includes the patrons, passengers, shippers, subscribers, users of the service and consumers of the product of a public utility or telecommunications utility.

(4) “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.

(5) “Environmental justice 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.

(6) “Municipality” means any city, municipal corporation or quasi-municipal corporation.

(7) “Person” includes individuals, joint ventures, partnerships, corporations and associations or their officers, employees, agents, lessees, assignees, trustees or receivers.

(8) “Public utility” has the meaning given that term in ORS 757.005 (Definition of public utility) .

(9) “Rate” means any fare, charge, joint rate, schedule or groups of rates or other remuneration or compensation for service.

(10) “Service” is used in its broadest and most inclusive sense and includes equipment and facilities related to providing the service or the product served.

(11) “Telecommunications utility” has the meaning given that term in ORS 759.005 (Definitions) . [Amended by 1971 c.655 §2; 1973 c.776 §14; 1977 c.337 §1; 1985 c.834 §6; 1987 c.447 §75; 1991 c.841 §1; 1995 c.733 §52; 2021 c.90 §1]

Source: Section 756.010 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 772.620 — OR Code / Title 57 / Chapter 772 / Section 772.620
772.620 Placement of pipeline facilities
Status: in_force

(1) Whenever a pipeline or appurtenance used in conjunction with the underground storage of natural gas in an underground reservoir is laid along a public road, it shall be placed as closely as practicable to the extreme outside edge of the right of way of the road.

(2) Such pipeline or appurtenance shall not be located under or pass through or under any cemetery, church, college, schoolhouse, residence, business or storehouse, or through or under any building in this state, except by the consent of the owner thereof.

(3) When cultivated lands are appropriated under ORS 772.615 (Condemnation for underground reservoirs) , such pipelines shall be well buried underground, at least 20 inches under the surface, which shall be properly and promptly restored by the natural gas company unless otherwise consented to by the owner of the land.

(4) When unimproved lands are appropriated under ORS 772.615 (Condemnation for underground reservoirs) and thereafter become cultivated or improved, such pipelines shall be buried by the natural gas company as provided in subsection (3) of this section, within a reasonable time after notice by the owner of such lands, or the agent of the owner, to the natural gas company or its agent. [1977 c.296 §10]

Source: Section 772.620 — Placement of pipeline facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.450 — OR Code / Title 57 / Chapter 757 / Section 757.450
757.450 Wrongful acts relating to issuance of securities
Status: in_force

A person may not:

(1) Knowingly authorize, direct, aid in, issue or execute, or cause to be issued or executed, any stock or bond, note or other evidence of indebtedness, in nonconformity with the order of the Public Utility Commission authorizing the same, or contrary to the provisions of ORS 757.400 (“Stocks” defined for ORS 757.400 to 757.463) to 757.463 (Security interest as collateral in rate recovery assets) or of the Constitution of this state.

(2) In any proceeding before the commission, knowingly make any false statement or representation or with knowledge of its falsity file or cause to be filed with the commission any false statement or representation which may tend in any way to influence the commission to make an order authorizing the issue of any stock or bond, note or other evidence of indebtedness, or which results in procuring from the commission the making of any such order.

(3) With knowledge that any false statement or representation was made to the commission in any proceeding tending in any way to influence the commission to make such order, issue, execute or negotiate, or cause to be issued, executed or negotiated, any stock or bond, note or other evidence of indebtedness.

(4) Directly or indirectly, knowingly apply, or cause or assist to be applied, the proceeds, or any part thereof, from the sale of any stock or bond, note or other evidence of indebtedness, to any purpose not specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount authorized for such purpose.

(5) With knowledge that any stock or bond, note or other evidence of indebtedness, has been issued or executed in violation of ORS 757.400 (“Stocks” defined for ORS 757.400 to 757.463) to 757.463 (Security interest as collateral in rate recovery assets) , negotiate, or cause the same to be negotiated. [Amended by 2023 c.529 §12]

Source: Section 757.450 — Wrongful acts relating to issuance of securities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.060 — OR Code / Title 57 / Chapter 759 / Section 759.060
759.060 Information submitted by local exchange telecommunications utilities
Status: in_force

(1) The Public Utility Commission, by rule, shall specify information submitted to the commission by local exchange telecommunications utilities or cooperatives that is exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) as provided in this section. In adopting rules, the commission shall consider, among other matters:

(a) Whether the information is of a type that could potentially be used to the competitive disadvantage of a local exchange telecommunications utility or cooperative.

(b) Whether the information concerns matters of a nature personal to an employee or stockholder of a local exchange telecommunications utility or an employee or member of a cooperative.

(c) Whether the information is otherwise publicly available.

(2) Information specified under subsection (1) of this section is exempt from disclosure unless the public interest requires disclosure in the particular instance.

(3) Nothing in subsection (1) of this section limits the exemptions granted to a local exchange telecommunications utility or cooperative under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . [1995 c.538 §2]

Source: Section 759.060 — Information submitted by local exchange telecommunications utilities; rules exempting disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.531 — OR Code / Title 57 / Chapter 757 / Section 757.531
757.531 Emissions standard-based restrictions on long-term financial commitments by electric companies or electricity service suppliers
Status: in_force

(1) Intentionally left blank —Ed.

(a) An electric company or electricity service supplier may not enter into a long-term financial commitment unless the baseload electricity acquired under the commitment is produced by a generating facility that complies with a greenhouse gas emissions standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers) .

(b) A generating facility complies with the greenhouse gas emissions standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers) if the rate of emissions of the facility does not exceed the emissions standard.

(c) In determining whether a generating facility complies with the emissions standard, the total emissions associated with producing baseload electricity at the generating facility are included in determining the rate of emissions of greenhouse gases. The total emissions associated with producing electricity at the generating facility do not include emissions associated with transportation, fuel extraction or other life-cycle emissions associated with obtaining the fuel for the facility.

(2) Notwithstanding subsection (1) of this section, the emissions standard does not apply to greenhouse gas emissions produced by a generating facility owned by an electric company or electricity service supplier or contracted through a long-term financial commitment if the emissions:

(a) Come from a facility powered exclusively by renewable energy sources described in ORS 469A.025 (Renewable energy sources) ;

(b) Come from a cogeneration facility in this state that is fueled by natural gas, synthetic gas, distillate fuels, waste gas or a combination of these fuels, and that is producing energy, in service for tax purposes, commercially operable, or in rates as of July 1, 2010, until the facility is subject to a new long-term financial commitment; or

(c) Come from a generating facility that has in place a plan, as determined by the Public Utility Commission, to be a low-carbon emissions resource, pursuant to sufficient technical documentation, within seven years of commencing plant operations.

(3) Notwithstanding ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers) and subsection (1) of this section, the commission may exempt a long-term financial commitment by an electric company or an electricity service supplier from the greenhouse gas emissions standard if the commission finds that the commitment is a necessary and prudent response to:

(a) Unanticipated electricity system reliability needs; or

(b) Catastrophic events or threat of significant financial harm that may arise from unforeseen circumstances.

(4) Notwithstanding subsection (1) of this section, an electric company may enter into a long-term financial commitment that does not meet the emissions standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers) if the electric company does not seek recovery of the costs in retail sales in this state.

(5) The commission by rule shall establish:

(a) Standards for identifying contracts for electricity for which the emissions cannot readily be determined with any specificity; and

(b) Emissions to be attributed to such contracts for purposes of determining compliance with the emissions standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers) . [2009 c.751 §4]

Note: See note under 757.522 (Definitions for ORS 757.522 to 757.536) .

Source: Section 757.531 — Emissions standard-based restrictions on long-term financial commitments by electric companies or electricity service suppliers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.360 — OR Code / Title 57 / Chapter 756 / Section 756.360
756.360 Disposal and use of fees and penalties collected
Status: in_force

All fees, penalties and other moneys collected by the Public Utility Commission under ORS 756.310 (Annual fees payable by utilities and telecommunications providers) , 756.320 (Statements accompanying fees) , 756.350 (Penalty for failure to pay fees) , 758.015 (Certificate of public convenience and necessity) , 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) and ORS chapter 759 shall be paid by the commission into the State Treasury within 30 days after the collection thereof, and shall be placed by the State Treasurer to the credit of the Public Utility Commission Account and the fees, penalties and other moneys collected from:

(1) Public utilities shall be used only for the purpose of paying the expenses of the commission in performing the duties imposed by law upon the commission in respect to utilities, and for the purpose of paying the expenses of the Office of the Governor for its responsibilities in administering energy conservation and allocation programs.

(2) Telecommunications providers shall be used only for the purpose of paying the expenses of the commission in performing the duties imposed by law upon the commission in respect to telecommunications providers, and for the purpose of paying the expenses of the Office of the Governor for its responsibilities in administering energy conservation and allocation programs. [Amended by 1957 c.459 §7; 1967 c.164 §3; 1971 c.655 §30; 1973 c.776 §28; 1974 c.59 §1; 1987 c.447 §90; 1995 c.733 §67; 1999 c.339 §3; 2011 c.597 §298]

Source: Section 756.360 — Disposal and use of fees and penalties collected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 774.040 — OR Code / Title 57 / Chapter 774 / Section 774.040
774.040 Membership on board
Status: in_force

(1) All consumers are eligible for membership in the Citizens’ Utility Board. A consumer shall become a member of the Citizens’ Utility Board upon contribution of at least $5 but not more than $100 per year to the Citizens’ Utility Board. Each member shall be entitled to cast one vote for the election of the Citizens’ Utility Board of Governors. The board shall establish a method whereby economically disadvantaged individuals may become members of the Citizens’ Utility Board without full payment of the yearly contribution.

(2) Each year the Citizens’ Utility Board shall cause to be prepared, by a certified public accountant authorized to do business in this state, an audit of its financial affairs. The audit is a public record subject to inspection in the manner provided in ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . [1985 c.1 §9]

Source: Section 774.040 — Membership on board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 758.286 — OR Code / Title 57 / Chapter 758 / Section 758.286
758.286 Immunity not applicable to liability for cost of abating fires
Status: in_force

The immunities provided by ORS 758.280 (Definitions for ORS 758.280 to 758.286) to 758.284 (Immunity of electric utility for pruning or removing vegetation in other cases) do not affect any liability that an electric utility may have for the costs of abating fires under ORS 477.064 (Uncontrolled fire declared nuisance) to 477.120 (Liability of owner or operator) . [2001 c.420 §4]

Note: See note under 758.280 (Definitions for ORS 758.280 to 758.286) .

Source: Section 758.286 — Immunity not applicable to liability for cost of abating fires , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.279 — OR Code / Title 57 / Chapter 757 / Section 757.279
757.279 Fixing rates or charges by commission
Status: in_force

(1) Whenever the Public Utility Commission of Oregon finds, after hearing had upon complaint by a licensee, a public utility, a telecommunications utility or a consumer-owned utility that the rates, terms or conditions demanded, exacted, charged or collected in connection with attachments or availability of surplus space for such attachments are unjust or unreasonable, or that such rates or charges are insufficient to yield a reasonable compensation for the attachment and the costs of administering the same, the commission shall determine the just and reasonable rates, terms and conditions thereafter to be observed and in force and shall fix the same by order. In determining and fixing such rates, terms and conditions, the commission shall consider the interest of the customers of the licensee, as well as the interest of the customers of the public utility, telecommunications utility or consumer-owned utility that owns the facility upon which the attachment is made.

(2) When the order applies to a consumer-owned utility, the order shall also provide for payment by the parties of the cost of the hearing. The payment shall be made in a manner which the commission considers equitable. [1979 c.356 §5; 1983 c.251 §1; 1987 c.414 §165; 1989 c.5 §6; 1999 c.832 §6]

Source: Section 757.279 — Fixing rates or charges by commission; cost of hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.883 — OR Code / Title 57 / Chapter 757 / Section 757.883
757.883 Payments in lieu of property taxes
Status: in_force

(1) Oregon Community Power shall make payments in lieu of property taxes on all property that would otherwise be subject to assessment under ORS 308.505 (Definitions for ORS 308.505 to 308.674) to 308.674 (Exemption equal to difference between real market value of company’s centrally assessable property and 130 percent of cost of company’s centrally assessable real and tangible personal property) if owned by a taxable owner. Oregon Community Power shall pay to each county in which property of Oregon Community Power is located an amount equal to the ad valorem property taxes that would have been charged by the county if Oregon Community Power property had been assessed to a taxable owner as of January 1 of the assessment year for which payment is being made.

(2) The Department of Revenue shall determine the assessed value of Oregon Community Power property as if the property were subject to assessment under ORS 308.505 (Definitions for ORS 308.505 to 308.674) to 308.674 (Exemption equal to difference between real market value of company’s centrally assessable property and 130 percent of cost of company’s centrally assessable real and tangible personal property) , and shall transmit the value information as provided in ORS 308.505 (Definitions for ORS 308.505 to 308.674) to 308.674 (Exemption equal to difference between real market value of company’s centrally assessable property and 130 percent of cost of company’s centrally assessable real and tangible personal property) to the appropriate county assessor. Oregon Community Power shall comply with property reporting requirements under ORS 308.505 (Definitions for ORS 308.505 to 308.674) to 308.674 (Exemption equal to difference between real market value of company’s centrally assessable property and 130 percent of cost of company’s centrally assessable real and tangible personal property) as if the property were subject to assessment under ORS 308.505 (Definitions for ORS 308.505 to 308.674) to 308.674 (Exemption equal to difference between real market value of company’s centrally assessable property and 130 percent of cost of company’s centrally assessable real and tangible personal property) .

(3) The amount of the in lieu payment to be made to each county under this section shall be determined and certified annually by the county assessor of the county. A notice of the determination and certification shall be mailed to Oregon Community Power not later than October 15. The notice shall contain a statement of the value of the property and a complete explanation of the method used in computing the amount of the in lieu payment due under this section. Not later than November 15, Oregon Community Power shall pay the amount due to each county under this section, less a discount equivalent to that which is provided in ORS 311.505 (Due dates) . Payment shall be made to the county treasurer. The county treasurer shall distribute the payment to the taxing districts of the county in accordance with the schedule of percentages computed under ORS 311.390 (Tax and interest distribution percentage schedule) . [2007 c.807 §19]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.883 — Payments in lieu of property taxes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.902 — OR Code / Title 57 / Chapter 757 / Section 757.902
757.902 Annual audit of Oregon Community Power
Status: in_force

The board of directors of Oregon Community Power shall cause an independent audit to be performed at least annually. The audit shall review and report on the financial affairs of Oregon Community Power and on any other aspects of Oregon Community Power as the board may direct. [2007 c.807 §25]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.902 — Annual audit of Oregon Community Power , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.886 — OR Code / Title 57 / Chapter 757 / Section 757.886
757.886 Powers of Oregon Community Power
Status: in_force

The board of directors of Oregon Community Power shall establish the policies of Oregon Community Power to be used in the exercise of the powers enumerated for Oregon Community Power or the board, and may thereafter modify those policies. The board may delegate the exercise of powers enumerated for Oregon Community Power to a president, chief executive officer or general manager of Oregon Community Power. Delegated powers shall be exercised by the delegatee in a manner that is consistent with the policies established by the board. The powers of Oregon Community Power, as exercisable by the board of directors or by a president, chief executive officer or general manager under policies adopted by the board, are as follows:

(1) To acquire and hold, including by lease-purchase agreement, real and other property necessary or incident to the business of Oregon Community Power, within or outside of, or partly within or partly outside of, the service territory of Oregon Community Power, and to sell or dispose of that property.

(2) To execute contracts to purchase, sell or lease assets, power, services or property.

(3) To execute contracts for the management or operation of any Oregon Community Power facilities.

(4) To issue bonds, notes or otherwise borrow moneys, incur indebtedness or issue, sell or assume evidence of indebtedness to the extent allowed under the Oregon Constitution.

(5) To sue and be sued.

(6) To refund and retire any indebtedness that may exist against or be assumed by Oregon Community Power or that may exist against the revenues of Oregon Community Power.

(7) To build, acquire, own, operate and maintain generation, transmission and distribution resources that are sufficient to maintain an adequate supply of electricity to the service territory.

(8) To enter into agreements with local governments or other state agencies or subdivisions of state government.

(9) To periodically develop least-cost plans at regular intervals. A least-cost plan may be developed only with public participation. A least-cost plan shall take into consideration economic and environmental risks of providing adequate and reliable energy for consumers, energy efficiency, renewable resources and cogeneration, in order to achieve adequate resources at the least overall cost.

(10) To oversee all aspects of Oregon Community Power operations.

(11) To hire and fire employees of Oregon Community Power.

(12) To make contracts, to set wages, to set salaries and provide compensation for services rendered by employees and by board members, to provide for life insurance, hospitalization, disability, health and welfare and retirement plans for employees and to do all things necessary and convenient for full exercise of the powers granted in this subsection. The provision of life insurance, hospitalization, disability, health and welfare and retirement plans for employees is in addition to any other right or power of Oregon Community Power to participate in those plans and does not repeal or modify any statutes except those that may be in conflict with the provision of life insurance, hospitalization, disability, health and welfare and retirement plans.

(13) To enter into contracts with the United States Government, with any other state, municipality or utility district or with any other person, for carrying out any provisions of ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) .

(14) To fix, maintain and collect electric energy rates as prescribed in ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) and to establish and collect charges for any other commodity or service furnished, developed or sold by Oregon Community Power.

(15) To construct works across or along any street or public highway or over any lands that are the property of this state, or of any city or other subdivision of this state, subject to any franchise agreement, privilege tax or municipal regulation that would apply to the works, and to construct works across or along any stream of water or watercourse. Any works across or along any state highway shall be constructed only with the permission of the Department of Transportation. Any works across or along any county highway shall be constructed only with the permission of the county governing body. Any works across or along any city street shall be constructed only with the permission of the city governing body and upon compliance with applicable city regulations and payment of any fees called for under applicable franchise agreements, intergovernmental agreements under ORS chapter 190 or contracts providing for payment of these fees. Oregon Community Power shall restore any street or highway to its former state as near as may be practicable, and may not use the street or highway in a manner that impairs its usefulness unnecessarily.

(16) To enter into franchise agreements with cities and pay fees under negotiated franchise agreements, intergovernmental agreements under ORS chapter 190 and contracts providing for the payment of such fees, and to pay privilege taxes imposed under ORS 221.450 (Privilege tax on public utilities operating without franchise) or other applicable privilege taxes.

(17) To exercise the power of eminent domain, as prescribed in ORS 757.852 (Acquisition of incumbent utility) or 757.890 (Eminent domain) .

(18) To adopt bylaws as prescribed in ORS 757.905 (Adoption of bylaws) .

(19) To make payments in lieu of property taxes as prescribed in ORS 757.883 (Payments in lieu of property taxes) .

(20) To acquire property, execute contracts or otherwise conduct business with or within the territory of any state or local government that is outside Oregon, any Indian tribe wherever located or Canada or any province of Canada.

(21) To execute any contract necessary to acquire, hedge or sell fuel or energy in any form, to manage electric utility operations, to construct, maintain or repair any energy generation or transmission facilities or equipment, to increase capacity for energy generation or transmission, to transfer any asset owned by Oregon Community Power or to acquire any asset for use in electric utility operations conducted by Oregon Community Power.

(22) To establish any funds or accounts at depository banks or other financial institutions that are determined to be necessary, useful or convenient for the conduct of business by Oregon Community Power.

(23) To take any other actions necessary or convenient for the proper exercise of the powers granted to Oregon Community Power by ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) . [2007 c.807 §20]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.886 — Powers of Oregon Community Power , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.272 — OR Code / Title 57 / Chapter 757 / Section 757.272
757.272 Pole owner may approve or reject attachment
Status: in_force

(1) A licensee shall notify a public utility, telecommunications utility or consumer-owned utility of all attachments to the utility’s poles according to the terms of any agreement between the licensee and the utility.

(2) Notwithstanding subsection (1) of this section, the public utility, telecommunications utility or consumer-owned utility may approve or reject the attachment. If the attachment is rejected, the licensee shall remove the attachment within three business days of the date the attachment is rejected. If the attachment is not removed within three business days of the date the attachment is rejected, the utility may remove the attachment and charge the licensee for all costs incurred by the utility in removing the attachment. [1999 c.832 §3]

Source: Section 757.272 — Pole owner may approve or reject attachment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.659 — OR Code / Title 57 / Chapter 757 / Section 757.659
757.659 Commission rules
Status: in_force

According to the applicable provisions of ORS 756.060 (Authority to adopt rules and regulations) and ORS chapter 183, the Public Utility Commission shall adopt such rules as are necessary to implement ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) . Rules adopted by the commission shall address at least the following:

(1) Requirements and methodologies for each electric company to provide unbundled rates and services pursuant to ORS 757.642 (Unbundling electricity assets) .

(2) Requirements for each electric company allowing aggregation of electricity loads pursuant to ORS 757.627 (Retail electricity consumers eligible for direct access may aggregate electricity loads) , which may include aggregation of demand for other services available under direct access.

(3) Requirements for consumer protection. Consumer protection rules adopted by the commission that relate to electricity service suppliers shall be applicable throughout this state and shall, at a minimum, contain provisions for the disclosure of price, power source and environmental impact in contract offers and marketing information.

(4) Market valuation methodologies for determining the amount and recovery of the costs of uneconomic utility investment and the amount of and credit for economic utility investment.

(5) Requirements for each electric company to offer a portfolio of rate options under ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers) .

(6) The method of determining a default supplier for those consumers who are not eligible to participate in a portfolio program under ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers) in a manner that provides for viable competition among electricity service suppliers and among power generation companies. The commission may condition the use of a default service option by requiring reasonable notice and commitment from a consumer who intends to use the default service option in nonemergency situations.

(7) Requirements for market structure described in ORS 757.646 (Policies to eliminate barriers to competitive retail market) .

(8) Requirements for public purpose charges and credits under ORS 757.612 (Requirements for public purpose expenditures) .

(9) Requirements for meters, metering services, billing and collection services, and customer response functions. [1999 c.865 §15; 2001 c.683 §19]

Source: Section 757.659 — Commission rules; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.440 — OR Code / Title 57 / Chapter 759 / Section 759.440
759.440 Additional funding for evaluating project plans
Status: in_force

The Oregon Business Development Department may request approval from the Emergency Board for the transfer of additional funds from a telecommunications carrier’s Telecommunications Infrastructure Account created under ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) for the purpose of providing technical assistance to the department and the Oregon Business Development Commission in evaluating project plans submitted under ORS 759.430 (Approval of projects funded by carrier’s Telecommunications Infrastructure Account) . If the request is approved, the commission by order may direct the transfer of funds from a telecommunications carrier’s Telecommunications Infrastructure Account to the Oregon Business Development Department. The department may not request and the Emergency Board shall not approve a request or requests in excess of $100,000 per year. [1999 c.1093 §32a]

Source: Section 759.440 — Additional funding for evaluating project plans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.822 — OR Code / Title 57 / Chapter 757 / Section 757.822
757.822 Laws applicable to Oregon Community Power
Status: in_force

(1) Except as provided in subsection (2) of this section, the provisions of ORS chapters 35, other than ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required) , 180, 190, 192 and 244 and ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.460 (Payment of fines or costs in proceeding to enforce county ordinance or resolution) , 200.005 (Definitions) to 200.025 (Governor’s Policy Advisor for Economic and Business Equity) , 200.045 (Required participants) to 200.090 (Contracting agencies to pursue policy of providing opportunities) , 221.450 (Privilege tax on public utilities operating without franchise) , 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement) , 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) , other than 243.696 (Bargaining representatives for executive department state agencies, judicial department and legislative department) , 297.040 (Payment of costs and expenses of audits authorized by ORS 297.030) , 307.090 (Property of the state, counties and other municipal corporations) and 307.112 (Property held under lease, sublease or lease-purchase by institution, organization or public body other than state) apply to Oregon Community Power under the same terms as they apply to any other subdivision of state government.

(2) Except as otherwise provided by law, the provisions of ORS chapters 182, 183, 238, 238A, 240, 270, 273, 276, 279A, 279B, 279C, 283, 286A, 291, 292, 293, 294, 295 and 297 and ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required) , 183.710 (Definitions for ORS 183.710 to 183.730) to 183.730 (Review of rule by Oregon Sunshine Committee) , 183.745 (Civil penalty procedures) , 183.750 (State agency required to prepare public writings in readable form) , 184.305 (Oregon Department of Administrative Services) to 184.345 (Oregon Department of Administrative Services to provide services to certain agencies on reimbursable basis) , 190.430 (Attorney General to review agreements) , 190.480 (Definition for ORS 190.480 to 190.490) , 190.490 (Approval of agreement by Attorney General) , 192.105 (State Archivist authorization for state officials to dispose of records) , 200.035 (Notice to Governor’s Policy Advisor for Economic and Business Equity) , 243.105 (Definitions for ORS 243.105 to 243.285) to 243.585 (Accounting system allowances for dedication of salary) , 243.696 (Bargaining representatives for executive department state agencies, judicial department and legislative department) , 243.853 (“Public employee” defined) to 243.855 (Reimbursement to public employer) , 278.011 (State agencies to supply information on property) to 278.120 (Claims management) , 278.315 (Liability insurance for county or private community care providers) to 278.415 (Department authorization of agency insurance purchases) , 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) , 282.010 (Definitions for ORS 282.010 to 282.150) to 282.150 (Printing inaugural address of Governor) , 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) , 287A.140 (Ad valorem tax levy to pay general obligation bonds) , 287A.150 (Authority of public body to issue revenue bonds) , 287A.472 (Interest on municipal warrants not paid on presentation) and 656.017 (Employer required to pay compensation and perform other duties) (2) do not apply to Oregon Community Power.

(3) Oregon Community Power is not a participating public employer in the Public Employees Retirement System.

(4) Any funds held by or under the control of Oregon Community Power are not public funds, as defined in ORS 295.001 (Definitions for ORS 295.001 to 295.108) . [2007 c.807 §4; 2009 c.11 §96; 2009 c.538 §13; 2012 c.107 §70]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.822 — Laws applicable to Oregon Community Power , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.805 — OR Code / Title 57 / Chapter 757 / Section 757.805
757.805 Accident prevention required for work near high voltage lines
Status: in_force

(1) Any person or business entity responsible for performing any function, activity, work or operation in proximity to a high voltage overhead line shall guard effectively against accidents involving such high voltage overhead line, as required by rules adopted pursuant to ORS chapter 654.

(2) If any violation of subsection (1) of this section or rules adopted pursuant to ORS chapter 654 results in, or is a contributing cause of, a physical or electrical accident involving any high voltage overhead line, the person or business entity violating subsection (1) of this section or rules adopted pursuant to ORS chapter 654 is liable to the utility operating the high voltage overhead lines for all damages to its facilities and all costs and expenses, including damages to any third persons, incurred by the utility as a result of the accident. However, any person or business entity that has given advance notice of the function, activity or work to the utility operating the high voltage overhead line, and has otherwise substantially complied with rules adopted pursuant to ORS chapter 654, shall only be liable for such damages in proportion to that person or business entity’s comparative fault in causing or contributing to the accident.

(3) This section and ORS 757.800 (Definitions for ORS 757.800 and 757.805) do not apply to:

(a) Construction, reconstruction, operation or maintenance by an authorized person of overhead electric or communication circuits or conductors and their supporting structures or electric generation, transmission or distribution systems or communication systems.

(b) Fire, police or other emergency service workers acting under authority of a state agency or other public body while engaged in emergency operations.

(4) The provisions of this section and ORS 757.800 (Definitions for ORS 757.800 and 757.805) are not intended to displace any other remedies which may be available to the utility by statute or common law. [1989 c.672 §§3,4,5,6]

Source: Section 757.805 — Accident prevention required for work near high voltage lines; effect of failure to comply; applicability; other remedies unaffected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.755 — OR Code / Title 57 / Chapter 757 / Section 757.755
757.755 Termination of residential electric or natural gas service prohibited
Status: in_force

(1) The Public Utility Commission of Oregon shall establish rules to prohibit the termination of residential electric or natural gas service when such termination would significantly endanger the physical health of the residential consumer.

(2) The commission shall provide by rule a method for determining when the termination of residential electric or natural gas service would significantly endanger the physical health of the residential consumer. [1979 c.868 §3; 1983 c.326 §2]

Source: Section 757.755 — Termination of residential electric or natural gas service prohibited; rules of commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.040 — OR Code / Title 57 / Chapter 756 / Section 756.040
756.040 General powers
Status: in_force

(1) In addition to the powers and duties now or hereafter transferred to or vested in the Public Utility Commission, the commission shall represent the customers of any public utility or telecommunications utility and the public generally in all controversies respecting rates, valuations, service and all matters of which the commission has jurisdiction. In respect thereof the commission shall make use of the jurisdiction and powers of the office to protect such customers, and the public generally, from unjust and unreasonable exactions and practices and to obtain for them adequate service at fair and reasonable rates. The commission shall balance the interests of the utility investor and the consumer in establishing fair and reasonable rates. Rates are fair and reasonable for the purposes of this subsection if the rates provide adequate revenue both for operating expenses of the public utility or telecommunications utility and for capital costs of the utility, with a return to the equity holder that is:

(a) Commensurate with the return on investments in other enterprises having corresponding risks; and

(b) Sufficient to ensure confidence in the financial integrity of the utility, allowing the utility to maintain its credit and attract capital.

(2) The commission is vested with power and jurisdiction to supervise and regulate every public utility and telecommunications utility in this state, and to do all things necessary and convenient in the exercise of such power and jurisdiction.

(3) The commission may participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the public generally and the customers of the services of any public utility or telecommunications utility operating or providing service to or within this state.

(4) The commission may make joint investigations, hold joint hearings within or without this state and issue concurrent orders in conjunction or concurrence with any official, board, commission or agency of any state or of the United States. [Amended by 1961 c.467 §1; 1971 c.655 §9; 1973 c.776 §15; 1987 c.447 §76; 1995 c.733 §53; 2001 c.569 §1]

Source: Section 756.040 — General powers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 756.534 — OR Code / Title 57 / Chapter 756 / Section 756.534
756.534 Place of hearings
Status: in_force

Except as provided in ORS 756.040 (General powers) (4), the hearing may be held at any place designated by the Public Utility Commission within this state, or different parts of the hearing may be held at different places in this state, as shall be designated by the commission. The hearing may be continued from time to time and place to place as ordered and fixed by the commission. [Formerly 756.560]

Source: Section 756.534 — Place of hearings; continuation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 759.390 — OR Code / Title 57 / Chapter 759 / Section 759.390
759.390 Contracts with affiliated interests
Status: in_force

(1) As used in this section, “affiliated interest” with a telecommunications utility means:

(a) Every person owning or holding directly or indirectly five percent or more of the voting securities of the telecommunications utility.

(b) Every person in any chain of successive ownership of five percent or more of the voting securities of the telecommunications utility.

(c) Every corporation five percent or more of whose voting securities are owned by any person owning five percent or more of the voting securities of the telecommunications utility or by any person in any chain of successive ownership of five percent or more of the voting securities of the telecommunications utility.

(d) Every individual who is an officer or director of the telecommunications utility or of any person in any chain of successive ownership of five percent or more of the voting securities of the telecommunications utility.

(e) Every corporation that has two or more officers or two or more directors in common with the telecommunications utility.

(f) Every entity, five percent or more of which is directly or indirectly owned by a telecommunications utility.

(g) Every person that the Public Utility Commission determines as a matter of fact, after investigation and hearing, actually is exercising any substantial influence over the policies and actions of the telecommunications utility, even though the influence is not based upon stockholdings, stockholders, directors or officers to the extent specified in this section.

(h) Every person that the commission determines as a matter of fact, after investigation and hearing, actually is exercising such substantial influence over the policies and actions of the telecommunications utility in conjunction with one or more other persons with whom they are related by ownership or blood or by action in concert that together they are affiliated with the telecommunications utility within the meaning of this section even though no one of them alone is so affiliated.

(2) When any telecommunications utility doing business in this state, except a telecommunications carrier that has elected to be subject to ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) and 759.410 (Intent of ORS 759.410) , enters into any contract to make any payment, directly or indirectly, to any person having an affiliated interest, for service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legal or other services, or enters any charge on the books of the utility, and the contract is to be recognized as an operating expense or capital expenditure in any rate valuation or any other hearing or proceeding, the contract shall be filed with the commission within 90 days of execution of the contract. 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.

(3) When any telecommunications utility doing business in this state enters into any contract, oral or written, with any person having an affiliated interest relating to the construction, operation, maintenance, leasing or use of the property of the telecommunications utility in Oregon, or the purchase of property, materials or supplies that is to be recognized as the basis of an operating expense or capital expenditure in any rate valuation or any other hearing or proceeding, the contract shall be filed with the commission within 90 days of execution of the contract. 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.

(4) The commission promptly shall examine and investigate any contract submitted to the commission under subsection (2) or (3) of this section. If, after the investigation, the commission determines that it is fair and reasonable and not contrary to the public interest, the commission shall enter findings and order approving the contract and serve a copy of the findings and order upon the telecommunications utility. Following the commission’s determination of fairness and reasonableness, any expenses and capital expenditures incurred by the telecommunications utility under the contract may be recognized in any rate valuation or other hearing or proceeding. If, after the investigation, the commission determines that the contract is not fair and reasonable in all its terms and is contrary to the public interest, the commission shall enter findings and order disapproving the contract and serve a copy of the findings and order upon the telecommunications utility. Except as provided in subsection (5) of this section, it is unlawful to recognize a disapproved contract for the purposes specified in this section.

(5) When any contract described in subsection (2) or (3) of this section has been filed with the commission within 90 days of execution and the commission has not entered an order disapproving the contract under subsection (4) of this section, the commission may not base its refusal to recognize any expenses or capital expenditures incurred under the contract in any rate valuation or other hearing or proceeding solely on the basis that the contract has not been approved under subsection (4) of this section.

(6) A telecommunications utility may not issue notes or loan its funds or give credit on its books or otherwise to any person having an affiliated interest, either directly or indirectly, without the approval of the commission.

(7) The action of the commission with respect to all the matters described in this section shall be by findings and order to be entered within 90 days after the matter has been submitted to the commission for consideration. An order of the commission under this section is subject to judicial review in the manner provided by ORS 756.610 (Judicial review) .

(8) This section applies only to transactions in which the telecommunications utility’s Oregon intrastate expenditure to the affiliate is more than $100,000. [1987 c.447 §44; 1989 c.956 §5; 1991 c.899 §2; 1999 c.809 §2; 2005 c.232 §22; 2005 c.638 §16a; 2017 c.312 §10]

Source: Section 759.390 — Contracts with affiliated interests; procedure; use in rate proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.524 — OR Code / Title 57 / Chapter 757 / Section 757.524
757.524 Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers
Status: in_force

(1) The greenhouse gas emissions standard that applies to electric companies and electricity service suppliers is 1,100 pounds of greenhouse gases per megawatt-hour for a generating facility.

(2) The greenhouse gas emissions standard applies only to carbon dioxide emissions.

(3) For purposes of applying the emissions standard to cogeneration facilities, the Public Utility Commission shall establish an output-based methodology to ensure that the calculation of emissions of greenhouse gases for cogeneration facilities recognizes the total usable energy output of the process and includes all greenhouse gases emitted by the facility in the production of both electrical and thermal energy. [2009 c.751 §2; 2013 c.172 §2]

Note: See note under 757.522 (Definitions for ORS 757.522 to 757.536) .

Source: Section 757.524 — Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.747 — OR Code / Title 57 / Chapter 757 / Section 757.747
757.747 Environmental justice
Status: in_force

(1) As used in this section, “environmental justice” means the equal treatment, protection from environmental and health hazards, and meaningful involvement of environmental justice communities in the development, implementation and enforcement of regulations and policies that affect the environment in which people live, work, learn, practice spirituality and play.

(2) The Public Utility Commission shall establish, and update no less than once every four years, equity metrics for the purpose of assessing, addressing and creating accountability for environmental justice in the expenditure and investment of funds collected pursuant to ORS 757.054 (Cost-effective energy efficiency resources and demand response resources) , through natural gas tariffs or through public purpose charges pursuant to ORS 757.612 (Requirements for public purpose expenditures) and paid to a nongovernmental entity. The equity metrics and each update required by this section must reflect feedback gathered through a public process that is managed by the commission and that, at a minimum, includes representatives of environmental justice communities.

(3) Each nongovernmental entity that is paid funds collected pursuant to ORS 757.054 (Cost-effective energy efficiency resources and demand response resources) , through natural gas tariffs or through public purpose charges pursuant to ORS 757.612 (Requirements for public purpose expenditures) shall, as part of the entity’s filings required under ORS 757.746 (Requirements for nongovernmental entities receiving funds) (1)(f), report on the entity’s progress in achieving the equity metrics established pursuant to this section. [2021 c.547 §11]

Source: Section 757.747 — Environmental justice; commission to establish equity metrics , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.325 — OR Code / Title 57 / Chapter 756 / Section 756.325
756.325 Distribution of information filed with commission
Status: in_force

(1) The Public Utility Commission may by rule prescribe for the free distribution for public information or educational purposes or applicable charge for any blank forms, transcript, document, order, statistical data or publication prepared by and on file in the office of the commission. In no event shall the fee exceed the cost of preparing, reproducing and distributing such blank forms, transcript, document, order, statistical data or publication.

(2) In the ordinary course of distribution, no fee shall be charged or collected for copies of published documents furnished to public officers for use in their official capacity, or for annual reports of the commission. [1971 c.655 §28]

Source: Section 756.325 — Distribution of information filed with commission; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 759.415 — OR Code / Title 57 / Chapter 759 / Section 759.415
759.415 Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services
Status: in_force

(1) In a rate proceeding brought by a telecommunications carrier that elects to be subject to ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) and 759.410 (Intent of ORS 759.410) , or by the Public Utility Commission against an electing telecommunications carrier, prior to January 1, 1999, that is on appeal on September 1, 1999, a final rate for a telecommunications service implemented as a result of the final judgment and order or negotiated settlement shall become the maximum rate for purposes of ORS 759.410 (Intent of ORS 759.410) .

(2) A rate proceeding brought by or against an electing telecommunications carrier, after January 1, 1999, that is pending on the effective date of the carrier’s election to be subject to ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) and 759.410 (Intent of ORS 759.410) , shall be dismissed by the commission or by the court if on appeal, provided the carrier elects to be subject to regulation under ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) and 759.410 (Intent of ORS 759.410) within the later of:

(a) Ninety days from the commencement of the proceeding; or

(b) Ninety days from September 1, 1999.

(3) Notwithstanding subsection (2) of this section, the parties to a rate proceeding brought by or against an electing telecommunications carrier, after January 1, 1999, that is pending on the effective date of the carrier’s election to be subject to ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) and 759.410 (Intent of ORS 759.410) , may agree to continue the proceeding. [1999 c.1093 §27]

Source: Section 759.415 — Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services; dismissal of rate proceeding filed after January 1, 1999 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.282 — OR Code / Title 57 / Chapter 757 / Section 757.282
757.282 Criteria for just and reasonable rate for attachments
Status: in_force

(1) A just and reasonable rate shall ensure the public utility, telecommunications utility or consumer-owned utility the recovery from the licensee of not less than all the additional costs of providing and maintaining pole attachment space for the licensee nor more than the actual capital and operating expenses, including just compensation, of the public utility, telecommunications utility or consumer-owned utility attributable to that portion of the pole, duct or conduit used for the pole attachment, including a share of the required support and clearance space in proportion to the space used for pole attachment above minimum attachment grade level, as compared to all other uses made of the subject facilities, and uses that remain available to the owner or owners of the subject facilities.

(2) A licensee shall receive a rental deduction if the licensee is in compliance with rules adopted by the Public Utility Commission for certifying compliance with the laws regulating pole attachments. A licensee is eligible for the rental reduction unless the commission or the utility authorizing the attachment notifies the licensee in writing that the licensee has failed to comply with either the commission’s rules or the terms of a contract between the licensee and the utility authorizing the attachment.

(3) For purposes of determining the rental rate for a pole attachment, the usable space on the pole shall include 20 inches of safety clearance space between communication circuits and electric circuits, provided the licensee is in compliance with rules and agreements as described in subsection (2) of this section. [1979 c.356 §6; 1989 c.5 §7; 1999 c.832 §7]

Source: Section 757.282 — Criteria for just and reasonable rate for attachments; rate reduction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.445 — OR Code / Title 57 / Chapter 758 / Section 758.445
758.445 Judicial review of order on application
Status: in_force

An order of the Public Utility Commission under ORS 758.440 (Order of commission on application) is subject to judicial review in the manner provided by ORS 756.610 (Judicial review) . If a petition for judicial review is not filed within the specified time, the order shall thereafter be valid and enforceable for the purposes herein specified from the date on which the right to file a petition for judicial review expires. [Formerly 757.650; 2005 c.638 §14; 2017 c.312 §9]

Source: Section 758.445 — Judicial review of order on application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.285 — OR Code / Title 57 / Chapter 759 / Section 759.285
759.285 Charging rates based on cost of property not presently providing service
Status: in_force

No telecommunications utility shall, directly or indirectly, by any device, charge, demand, collect or receive from any customer, rates which are derived from a rate base which includes within it any construction, building, installation or real or personal property not presently used for providing utility service to the customer. [1987 c.447 §51]

Source: Section 759.285 — Charging rates based on cost of property not presently providing service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 772.210 — OR Code / Title 57 / Chapter 772 / Section 772.210
772.210 Right of entry and condemnation of lands for construction of service facilities
Status: in_force

(1) Any public utility, electrical cooperative association or transmission company may:

(a) Enter upon lands within this state in the manner provided by ORS 35.220 (Precondemnation entry on real property) for the purpose of examining, locating and surveying the line thereof and also other lands necessary and convenient for the purpose of construction of service facilities, doing no unnecessary damage thereby.

(b) Condemn such lands not exceeding 100 feet in width for its lines (including poles, towers, wires, supports and necessary equipment therefor) and in addition thereto, other lands necessary and convenient for the purpose of construction of service facilities. If the lands are covered by trees that are liable to fall and constitute a hazard to its wire or line, any public utility or transmission company organized for the purpose of building, maintaining and operating a line of poles and wires for the transmission of electricity for lighting or power purposes may condemn such trees for a width not exceeding 300 feet, as may be necessary or convenient for such purpose.

(2) Notwithstanding subsection (1) of this section, any public utility, electrical cooperative association or transmission company may, when necessary or convenient for transmission lines (including poles, towers, wires, supports and necessary equipment therefor) designed for voltages in excess of 330,000 volts, condemn land not to exceed 300 feet in width. In addition, if the lands are covered by trees that are liable to fall and constitute a hazard to its wire or line, such public utility or transmission company may condemn such trees for a width not exceeding 100 feet on either side of the condemned land, as may be necessary or convenient for such purpose.

(3) Notwithstanding subsection (1) of this section, a water or gas public utility may condemn such lands, not exceeding 50 feet in width, as may be necessary or convenient for purposes of constructing, laying, maintaining and operating its lines, including necessary equipment therefor.

(4) The proceedings for the condemnation of such lands shall be the same as that provided in ORS chapter 35, provided that any award shall include, but shall not be limited to, damages for destruction of forest growth, premature cutting of timber and diminution in value to remaining timber caused by increased harvesting costs. [Amended by 1963 c.138 §1; 1971 c.655 §241; 1977 c.225 §2; 2001 c.913 §9; 2003 c.477 §10]

Source: Section 772.210 — Right of entry and condemnation of lands for construction of service facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.864 — OR Code / Title 57 / Chapter 757 / Section 757.864
757.864 Conduct of business after acquisition
Status: in_force

If Oregon Community Power acquires an incumbent utility under ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) , all electric utility operations undertaken by Oregon Community Power after the acquisition shall be conducted under the name of Oregon Community Power. [2007 c.807 §15]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.864 — Conduct of business after acquisition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.595 — OR Code / Title 57 / Chapter 759 / Section 759.595
759.595 Criteria for granting application for service
Status: in_force

(1) The Public Utility Commission shall grant an application filed under ORS 759.590 (Application for service by unserved person) if the commission finds that:

(a) The telecommunications utility in whose territory the unserved person is located has declined to serve without line extension charges;

(b) Another telecommunications utility has agreed to provide local exchange telecommunications service to the unserved person with no line extension charge or with line extension charges lower than those offered by the telecommunications utility in whose territory the unserved person is located; and

(c) Approval of the application is not contrary to the public interest.

(2) Any order of the commission issued under subsection (1) of this section shall not have the effect of changing any territory allocated under ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) that is being provided with local exchange telecommunications service. [1989 c.574 §4; 1991 c.307 §3]

Source: Section 759.595 — Criteria for granting application for service; effect on other territorial allocation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.688 — OR Code / Title 57 / Chapter 759 / Section 759.688
759.688 Oregon Telephone Assistance Program Advisory Committee
Status: in_force

(1) As used in this section, “the plan of assistance” means the plan of assistance established by the Public Utility Commission under section 6, chapter 290, Oregon Laws 1987.

(2) The Oregon Telephone Assistance Program Advisory Committee is established as an advisory committee to the commission for the purposes described in subsection (4) of this section.

(3) The committee consists of the following nine members appointed by the Governor:

(a) A person who represents the Public Utility Commission who is knowledgeable about telecommunications;

(b) A person who represents the Citizens’ Utility Board;

(c) A person who represents the Oregon Health Authority;

(d) A person who represents telecommunications carriers, including cellular phone carriers;

(e) A person who represents coordinated care organizations, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) ;

(f) A person who represents individuals who are homeless;

(g) A person who represents individuals who are deaf, deaf-blind or hard of hearing;

(h) A person who is a low income customer who receives assistance under section 6, chapter 290, Oregon Laws 1987; and

(i) A resident of this state with a background in marketing and outreach.

(4) The committee shall:

(a) Establish goals for participation by low income customers in the plan of assistance;

(b) Advise the commission on the eligibility process for participating in the plan of assistance;

(c) Advise the commission on the regulation of the plan of assistance, including:

(A) Advice on streamlining eligibility processes;

(B) Advice on improving handset activations;

(C) Advice on use of Social Security numbers and other identifying documents; and

(D) Advice on use of a comprehensive human services outreach approach to encourage participation in the plan of assistance;

(d) Review the participation rates in programs offered by other states that are similar to the plan of assistance, particularly programs that have a higher participation rate than the plan of assistance;

(e) Develop a strategic plan to increase the participation rate in the plan of assistance;

(f) Annually review the participation rate in the plan of assistance and any annual increase in the participation rate in the plan of assistance; and

(g) Make recommendations as to the use of available funds for the following activities:

(A) Marketing and outreach;

(B) Developing partnerships with low income constituency groups; and

(C) Coordinating with state agencies that serve the low income customers eligible to participate in the plan of assistance.

(5) A majority of the members of the committee constitutes a quorum for the transaction of business.

(6) Official action by the committee requires the approval of a majority of the members of the committee.

(7) The committee shall elect one of its members to serve as chairperson.

(8) The term of office of each member of the committee is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 of the following year. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(9) The committee shall meet at times and places specified by the call of the chairperson or of a majority of the members of the committee.

(10) The committee shall adopt rules necessary for the operation of the committee.

(11) Members of the committee are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Claims for expenses shall be paid out of funds appropriated to the commission for purposes of the committee.

(12) The commission shall provide staff support and perform other services for the committee as is necessary for the effective operation of the committee. [2017 c.434 §1]

Note: 759.688 (Oregon Telephone Assistance Program Advisory Committee) and 759.689 (Use of surcharge for marketing and outreach to increase participation rate in plan of assistance) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 759 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 759.688 — Oregon Telephone Assistance Program Advisory Committee; duties; members; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.935 — OR Code / Title 57 / Chapter 757 / Section 757.935
757.935 Definitions for ORS 757.935 to 757.945
Status: in_force

As used in ORS 757.935 (Definitions for ORS 757.935 to 757.945) to 757.945 (Consultation with State Treasurer) :

(1) “Credit enhancement agreement” means any agreement or contractual relationship between Oregon Community Power and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing additional credit on or security for a financing agreement or certificates of participation authorized by ORS 757.935 (Definitions for ORS 757.935 to 757.945) to 757.945 (Consultation with State Treasurer) .

(2) “Financing agreement” means a bond, installment sale agreement, loan agreement, note, note agreement, short-term promissory note, commercial paper, line of credit or similar obligation or any other agreement to finance real or personal property, tangible or intangible, that is or will be owned and operated by Oregon Community Power, to otherwise borrow money, or to refinance previously executed financing agreements. [2007 c.807 §34]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950) .

Source: Section 757.935 — Definitions for ORS 757.935 to 757.945 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 774.070 — OR Code / Title 57 / Chapter 774 / Section 774.070
774.070 Election of board
Status: in_force

(1) The Citizens’ Utility Board of Governors shall be composed of three persons elected from each congressional district of this state by a majority of the votes cast by members residing in that district. The election shall be conducted by mail ballot in such manner as the Citizens’ Utility Board of Governors may prescribe.

(2) The term of office of a member of the Citizens’ Utility Board of Governors is four years. A person may not serve more than two consecutive terms on the Citizens’ Utility Board of Governors.

(3) Each candidate and each member of the Citizens’ Utility Board of Governors must be a member of the Citizens’ Utility Board and must be a resident of the district from which the candidate seeks to be or is elected.

(4) At least 45 days before an election, each candidate shall file with the Citizens’ Utility Board of Governors a statement of financial interests, which shall contain the information in such form as the Citizens’ Utility Board of Governors shall determine. Each candidate shall maintain a complete record of contributions received and expenditures made with regard to an election campaign. Each candidate shall make the records available for public inspection at such reasonable times as the Citizens’ Utility Board of Governors considers appropriate.

(5) A member who is employed by a utility is not eligible for appointment or election to the Citizens’ Utility Board of Governors, and a member of the Citizens’ Utility Board of Governors who obtains employment by a utility may not maintain a position on the Citizens’ Utility Board of Governors. While on the board, a director elected under this section may not hold elective public office, be a candidate for any elective public office or be a state public official. A person who owns or controls, either singly or in combination with any immediate family member, utility stocks or bonds of a total value in excess of $3,000 is not eligible to serve as an elected member of the Citizens’ Utility Board of Governors.

(6) The Citizens’ Utility Board of Governors may disqualify any candidate or member of the Citizens’ Utility Board of Governors for any violation of this chapter or of the bylaws of the Citizens’ Utility Board.

(7) Upon petition signed by 20 percent of the members in a district for the recall of a member of the Citizens’ Utility Board of Governors elected from the district, the Citizens’ Utility Board of Governors shall mail ballots to each member in the district, submitting the question whether the member of the Citizens’ Utility Board of Governors shall be recalled. If a majority of the members voting at the election vote in favor of the recall, then the member of the Citizens’ Utility Board of Governors shall be recalled. Elections and recall proceedings shall be conducted in a manner as the Citizens’ Utility Board of Governors may prescribe. Ballots for all election and recall proceedings shall be counted at a regular meeting of the Citizens’ Utility Board of Governors.

(8) The remaining members of the Citizens’ Utility Board of Governors shall have the power to fill vacancies on the Citizens’ Utility Board of Governors. [1985 c.1 §6; 1997 c.249 §222; 2013 c.1 §94]

Source: Section 774.070 — Election of board; term; qualifications; statement of financial interest; disqualification of candidate; recall; vacancies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 774.110 — OR Code / Title 57 / Chapter 774 / Section 774.110
774.110 Meetings
Status: in_force

All meetings of the Citizens’ Utility Board of Governors shall be open to the public, except under the same circumstances in which a public agency would be allowed to hold executive meetings under ORS 192.660 (Executive sessions permitted on certain matters) . [1985 c.1 §8]

Source: Section 774.110 — Meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 756.572 — OR Code / Title 57 / Chapter 756 / Section 756.572
756.572 Effect of orders on successors in interest
Status: in_force

(1) An order of the Public Utility Commission issued in accordance with the provisions of ORS chapters 756, 757, 758 and 759 is binding upon the successors in interest of each person affected thereby, until set aside, rescinded, suspended or modified as provided by law.

(2) Any investigation, hearing or other proceeding involving the issuance of an order of the commission that has not been finally determined when a transfer of any interests of a person is effected may be continued and finally determined, notwithstanding any such transfer of interest. Any order issued in such investigation, hearing or other proceeding is binding upon the successors in interest. [1971 c.655 §54; 1973 c.776 §31; 1987 c.447 §93; 1995 c.733 §71]

Source: Section 756.572 — Effect of orders on successors in interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).