ORS § 759.195 — OR Code / Title 57 / Chapter 759 / Section 759.195
759.195 Price listing of services
Status: in_force

(1) Except as provided in subsection (6) of this section, upon petition of a telecommunications utility that provides local exchange service directly, or is affiliated with a utility that provides local exchange service, and after notice and hearing, the Public Utility Commission may authorize the utility to set rates for toll and other telecommunications services by filing a price list containing the price and terms for the service. The price list or any revision of the price list is not subject to the provisions of ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) and shall become effective as determined by the commission. The commission may prescribe conditions on an authorization to establish rates by price list, including conditions relating to the sharing of revenues received by the utility that are in excess of allowances provided for in the order of authorization.

(2) Telecommunications utilities that provide telecommunications services only between exchanges and are not affiliated with a utility that provides local exchange service may establish rates by price list without special authorization from the commission.

(3) Prior to granting a petition to set rates by price list under this section, the commission shall find that pricing flexibility:

(a) Is reasonably necessary to enable the utility to respond to current and future competitive conditions for any or all telecommunications services;

(b) Will maintain the appropriate balance between the need for price flexibility and the protection of consumers;

(c) Is likely to benefit the consumers of fixed rate services; and

(d) Is unlikely to cause any undue harm to any customer class.

(4) A rate set for a service by a utility may not be lower than the long run incremental cost of providing the service.

(5) Upon its own motion the commission may fix maximum rate levels and terms of service for price listed services and for toll services on noncompetitive routes. Upon request of any affected person, the commission shall fix maximum rate levels and terms of service for price listed services not subject to competition and for toll services on noncompetitive routes.

(6) By rule, the commission shall designate local exchange services that it deems essential, and rates for such services shall be prescribed under ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) . The commission also may authorize automatic adjustment clauses which reflect increases, decreases, or both, in particular costs incurred by the utility. For the purposes of this subsection, “essential services” need not be essential for all classes of customers.

(7) The commission may, at any time, order a telecommunications utility to appear and establish that any of its price listed rates are just and reasonable and in conformity with the requirements of this section and the authorization to price list issued by the commission. Price listed rates shall also be subject to complaint under ORS 756.500 (Complaint) . [Formerly 757.850; 2005 c.232 §13a]

Source: Section 759.195 — Price listing of services; conditions; maximum rates; essential services; justification by utility of rates for price-listed services; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.052 — OR Code / Title 57 / Chapter 759 / Section 759.052
759.052 Commission authority to exempt telecommunications services from regulation
Status: in_force

(1) Intentionally left blank —Ed.

(a) Upon petition by any interested party and following notice and investigation, the Public Utility Commission may exempt in whole or in part from regulation those telecommunications services for which the commission finds that:

(A) Price or service competition exists;

(B) Telecommunications services can be demonstrated by the petitioner or the commission to be subject to competition; or

(C) The public interest no longer requires full regulation of the telecommunications services.

(b) The commission may attach reasonable conditions to an exemption made under paragraph (a) of this subsection and may amend or revoke any order as provided in ORS 756.568 (Rescission, suspension and amendment of orders) .

(2) Upon petition by a telecommunications utility, and after notice and hearing, the commission shall exempt a telecommunications service from regulation if the commission finds that price and service competition exists.

(3) Prior to making the findings required by subsection (1) or (2) of this section, the commission shall consider:

(a) The extent to which services are available from alternative providers in the relevant market.

(b) The extent to which the services of alternative providers are functionally equivalent or substitutable at comparable rates and under comparable terms and conditions.

(c) Existing economic or regulatory barriers to entry.

(d) Any other factors deemed relevant by the commission.

(4) A service that is deregulated under subsection (2) of this section may be reregulated, after notice and hearing, if the commission determines an essential finding on which the deregulation was based no longer prevails, and reregulation is necessary to protect the public interest. [2005 c.232 §8]

Source: Section 759.052 — Commission authority to exempt telecommunications services from regulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.467 — OR Code / Title 57 / Chapter 757 / Section 757.467
757.467 Validity of actions taken in good faith pursuant to financing order
Status: repealed

If any provision of ORS 757.457 (Definitions for ORS 757.457, 757.459, 757.461 and 757.463) , 757.459 (State policy to encourage financing of certain costs and expenses by public utilities) , 757.461 (Financing of rate recovery expenditures through rate recovery bonds) and 757.463 (Security interest as collateral in rate recovery assets) or the amendments to ORS 59.025 (Securities exempt from registration) , 757.415 (Purposes for which securities and notes may be issued) , 757.425 (State not obligated following approval of issuance) , 757.445 (Wrongful issues or use of proceeds by utility) and 757.450 (Wrongful acts relating to issuance of securities) by sections 8 to 12, chapter 529, Oregon Laws 2023, is determined to be invalid, or is invalidated, superseded, replaced, repealed or expired, such determination or occurrence does not affect the validity of any action allowed under ORS 757.457 (Definitions for ORS 757.457, 757.459, 757.461 and 757.463) , 757.459 (State policy to encourage financing of certain costs and expenses by public utilities) , 757.461 (Financing of rate recovery expenditures through rate recovery bonds) and 757.463 (Security interest as collateral in rate recovery assets) or the amendments to ORS 59.025 (Securities exempt from registration) , 757.415 (Purposes for which securities and notes may be issued) , 757.425 (State not obligated following approval of issuance) , 757.445 (Wrongful issues or use of proceeds by utility) and 757.450 (Wrongful acts relating to issuance of securities) by sections 8 to 12, chapter 529, Oregon Laws 2023, and taken in good faith and pursuant to a financing order issued prior to such determination or occurrence. [2023 c.529 §14]

Note: See note under 757.465 (Rate recovery bond not security for certain purposes) .

Source: Section 757.467 — Validity of actions taken in good faith pursuant to financing order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.535 — OR Code / Title 57 / Chapter 759 / Section 759.535
759.535 Application to serve unserved territory
Status: in_force

(1) A telecommunications utility, cooperative corporation or municipality that desires to provide local exchange telecommunications service in a territory that is not served by another person providing a similar local exchange telecommunications service may apply to the Public Utility Commission for an order allocating the territory to the applicant. The application shall include an exchange map that shows the unserved territory that the applicant is requesting to serve.

(2) The commission shall within 30 days after the filing of the application give notice of the filing. If the commission chooses, or if a customer requests a hearing on the matter within 30 days of the notice, the commission shall hold a hearing by telephone or in person. The commission shall give notice of the hearing within 30 days of the request. The notice shall set the date and place of hearing. The hearing shall be held at a place within or conveniently accessible to the territory covered by the application. Notice of the filing shall be by publication in a newspaper or newspapers of general circulation in the territory covered by the application and shall be published at least once weekly for two successive weeks. Written notice of the filing shall be given to providers of similar local exchange telecommunications service in adjacent territory. [1987 c.447 §60; 2005 c.232 §28]

Source: Section 759.535 — Application to serve unserved territory; hearing; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.345 — OR Code / Title 57 / Chapter 759 / Section 759.345
759.345 Use of proceeds from issuance
Status: in_force

(1) No telecommunications utility shall, without the consent of the Public Utility Commission, apply the issue of any stock or bond, note or other evidence of indebtedness, or any part or proceeds thereof, 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, or issue or dispose of the same on any terms less favorable than those specified in such order, or a modification thereof.

(2) The commission has power to require telecommunications utilities to account for the disposition of the proceeds of all sales of stocks and bonds, notes and other evidences of indebtedness, in such form and detail as the commission deems advisable, and to establish such rules and regulations as the commission deems reasonable and necessary to insure the disposition of such proceeds for the purpose or purposes specified in the order. [1987 c.447 §37]

Source: Section 759.345 — Use of proceeds from issuance; accounting; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.006 — OR Code / Title 57 / Chapter 757 / Section 757.006
757.006 People’s utility districts and electric cooperatives excluded from term “public utility.”
Status: in_force

For purposes of ORS chapter 757, the term “public utility” does not include a people’s utility district organized under ORS chapter 261 or an electric cooperative organized under ORS chapter 62. [2016 c.28 §18c]

Note: 757.006 (People’s utility districts and electric cooperatives excluded from term “public utility.”) 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 757.006 — People’s utility districts and electric cooperatives excluded from term “public utility.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.834 — OR Code / Title 57 / Chapter 757 / Section 757.834
757.834 Board of directors
Status: in_force

(1) Oregon Community Power shall be governed by a board of seven directors appointed by the Governor using the procedure set forth in this section.

(2) Intentionally left blank —Ed.

(a) Prior to making any appointment to the board, the Governor shall consider the nominations of the Oregon Community Power Board Nominating Committee.

(b) If the Governor reviews an initial slate of nominees made by the nominating committee and determines not to appoint a nominee, the Governor shall request that the nominating committee forward a second slate of nominees. If the Governor determines not to appoint a nominee from the second slate of nominees, the Governor may appoint any individual the Governor determines meets the qualifications of subsection (6) of this section.

(3) Notwithstanding the requirement that the Governor consider the nominations of the nominating committee prior to making an appointment, the Governor shall appoint an individual to be a board member within 120 days following the vacancy of a position on the board.

(4) Each appointment shall be subject to confirmation by the Senate in the manner prescribed in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) .

(5) The term of office for each board member shall be four years. A board member may be nominated and appointed to successive terms, but within 150 days prior to the expiration of the term of the member, the board shall issue a proposed direction to convene the nominating committee under ORS 757.830 (Nominating committee) for the purpose of nominating individuals to fill the board position.

(6) A member of the board shall have significant experience or expertise in one or more of the following areas:

(a) Business operations;

(b) Utility management;

(c) Legal or financial affairs;

(d) Regional energy issues; or

(e) Developing public policy.

(7) The Governor may remove any member of the board for cause, after notice and public hearing. [2007 c.807 §8]

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

Note: Section 9, chapter 807, Oregon Laws 2007, provides:

Sec. 9. (1) Notwithstanding section 8 (5) of this 2007 Act [ 757.834 (Board of directors) (5)], the term of office for the first board of directors of Oregon Community Power shall be as follows:

(a) Two members shall be appointed for a term that ends one year following the date the Governor convenes the board;

(b) Two members shall be appointed for a term that ends two years following the date the Governor convenes the board;

(c) Two members shall be appointed for a term that ends three years following the date the Governor convenes the board; and

(d) One member shall be appointed for a term that ends four years following the date the Governor convenes the board.

(2) Consistent with subsection (1) of this section, the Governor shall designate the duration of the term of office of each member of the first board of directors at the time the Governor convenes the board. [2007 c.807 §9]

Source: Section 757.834 — Board of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.072 — OR Code / Title 57 / Chapter 757 / Section 757.072
757.072 Agreements for financial assistance to organizations representing customer interests
Status: repealed

(1) A public utility providing electricity or natural gas may enter into a written agreement with an organization that represents broad customer interests in regulatory proceedings conducted by the Public Utility Commission relating to public utilities that provide electricity or natural gas. The agreement shall govern the manner in which financial assistance may be provided to the organization. The agreement may provide for financial assistance to other organizations found by the commission to be qualified under subsection (2) of this section. More than one public utility or organization may join in a single agreement. Any agreement entered into under this section must be approved by the commission before any financial assistance is provided under the agreement.

(2) Intentionally left blank —Ed.

(a) Financial assistance under an agreement entered into under this section may be provided only to organizations that represent interests in regulatory proceedings before the commission relating to public utilities that provide electricity or natural gas that are:

(A) The broad interests of customers;

(B) The interests of low-income residential customers; or

(C) The interests of residential customers that are members of environmental justice communities.

(b) The commission by rule shall establish such qualifications as the commission deems appropriate for determining which organizations are eligible for financial assistance under an agreement entered into under this section.

(c) The total aggregate financial assistance available to all organizations that represent the interests described in paragraph (a)(B) and (C) of this subsection from all public utilities providing electricity or natural gas may not exceed $500,000 annually.

(d) The commission shall establish a process for evaluating and approving an agreement described in this section that includes the provision of financial assistance to organizations that represent the interests described in paragraph (a)(B) or (C) of this subsection. The commission must evaluate and approve an agreement described in this paragraph before financial assistance may be provided under the agreement. The agreement described in this paragraph shall govern the manner in which financial assistance may be provided to an organization found by the commission to be qualified under paragraph (a)(B) or (C) of this subsection. More than one public utility or organization may join in a single agreement described in this paragraph.

(3) In administering an agreement entered into under this section, the commission by rule or order may determine:

(a) The amount of financial assistance that may be provided to any organization;

(b) The manner in which the financial assistance will be distributed;

(c) The manner in which the financial assistance will be recovered in the rates of the public utility under subsection (4) of this section; and

(d) Other matters necessary to administer the agreement.

(4) The commission shall allow a public utility that provides financial assistance under this section to recover the amounts so provided in rates. The commission shall allow a public utility to defer inclusion of those amounts in rates as provided in ORS 757.259 (Amounts includable in rate schedule) if the public utility so elects. An agreement under this section may not provide for payment of any amounts to the commission. [2003 c.234 §2; 2021 c.90 §3]

Note: Sections 4 and 5, chapter 90, Oregon Laws 2021, provide:

Sec. 4. Study on agreements for financial assistance approved under ORS 757.072 (Agreements for financial assistance to organizations representing customer interests) . The Public Utility Commission shall, no later than September 15, 2025, provide a report to the interim committees of the Legislative Assembly related to energy that discusses, for the period beginning on the effective date of this 2021 Act [January 1, 2022] and ending December 31, 2024, the implementation and impacts of the amendments to ORS 757.072 (Agreements for financial assistance to organizations representing customer interests) by section 3 of this 2021 Act. The report shall include, but need not be limited to:

(1) A description of the process established under ORS 757.072 (Agreements for financial assistance to organizations representing customer interests) (2)(d) and any other rules, orders, processes or polices adopted or established by the commission as necessary to implement the amendments to ORS 757.072 (Agreements for financial assistance to organizations representing customer interests) by section 3 of this 2021 Act; and

(2) A detailed description of the organizations described in ORS 757.072 (Agreements for financial assistance to organizations representing customer interests) (2)(a)(B) and (C) that received funding during the period subject to reporting that includes, for each organization, a description of:

(a) The proceedings for which the organization received financial assistance;

(b) The amount of financial assistance received by the organization for each proceeding;

(c) The issues raised by the organization in each proceeding for which the organization received financial assistance; and

(d) The outcome within each proceeding with regard to the issues described in paragraph (c) of this subsection. [2021 c.90 §4]

Sec. 5. Section 4 of this 2021 Act is repealed on January 2, 2026. [2021 c.90 §5]

Source: Section 757.072 — Agreements for financial assistance to organizations representing customer interests; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.812 — OR Code / Title 57 / Chapter 757 / Section 757.812
757.812 Definitions for ORS 757.812 to 757.950
Status: in_force

As used in ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) :

(1) “Board” means the board of directors of Oregon Community Power.

(2) “Incumbent utility” means an investor-owned utility that is the subject of a transaction described in ORS 757.814 (Creation of acquisition review committee) .

(3) “Investor-owned utility” means a utility that sells electricity and that is operated by a corporation with shareholders.

(4) “Rate” has the meaning given that term in ORS 756.010 (Definitions) .

(5) “Service” has the meaning given that term in ORS 756.010 (Definitions) .

(6) “Service territory” means the geographic area within which a utility provides electricity to customers. [2007 c.807 §1]

Note: 757.812 (Definitions for ORS 757.812 to 757.950) to 757.954 (City’s authority to control, and collect charges for, use of rights of way) 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 757.812 — Definitions for ORS 757.812 to 757.950 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.617 — OR Code / Title 57 / Chapter 757 / Section 757.617
757.617 Report to Legislative Assembly on public purpose expenditures
Status: in_force

(1) The Public Utility Commission and the State Department of Energy jointly shall select an independent nongovernmental entity to prepare a biennial report to the Legislative Assembly describing program spending and results for public purpose requirements undertaken pursuant to ORS 757.612 (Requirements for public purpose expenditures) .

(2) The Housing and Community Services Department shall prepare a biennial report to the Legislative Assembly describing program spending and needs for low-income bill assistance. [1999 c.865 §3a; 2021 c.547 §24]

Source: Section 757.617 — Report to Legislative Assembly on public purpose expenditures; independent nongovernmental entity to prepare report; report on low-income bill assistance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.685 — OR Code / Title 57 / Chapter 759 / Section 759.685
759.685 Surcharge assessed on retail telecommunications subscribers
Status: in_force

(1) Intentionally left blank —Ed.

(a) In order to fund the program described in ORS 759.693 (Definitions) to 759.698 (Eligibility) , the Public Utility Commission shall develop and implement a system for assessing a surcharge in an amount not to exceed 35 cents per month against each paying retail subscriber who has telecommunications service, or who has interconnected voice over internet protocol service, with access to a telecommunications relay service. The commission shall apply the surcharge on a telecommunications circuit designated for a particular subscriber. One subscriber line must be counted for each circuit that is capable of generating usage on the line side of the switched network regardless of the quantity of customer premises equipment connected to each circuit. For providers of central office based services, the surcharge must be applied to each line that has unrestricted connection to the telecommunications relay service or, for lines that have restricted access to the telecommunications relay service, on the basis of software design. For cellular, wireless or other radio common carriers, the surcharge must be applied on a per instrument basis and only to subscribers whose place of primary use, as defined and determined under 4 U.S.C. 116 to 126, is within this state.

(b) For purposes of this subsection, the commission shall adopt by rule the definition for “interconnected voice over internet protocol service.” The rule defining “interconnected voice over internet protocol service” must be consistent with the definition for “interconnected VoIP service” in 47 C.F.R. 9.3.

(2) The surcharge imposed by subsection (1) of this section does not apply to:

(a) Services upon which the state is prohibited from imposing the surcharge by the Constitution or laws of the United States or the Constitution or laws of the State of Oregon.

(b) Interconnection between telecommunications utilities, telecommunications cooperatives, competitive telecommunications services providers certified under ORS 759.020 (Certificate of authority) , radio common carriers and interexchange carriers.

(3) The commission annually shall review the surcharge and the balance in the Residential Service Protection Fund established under ORS 759.687 (Residential Service Protection Fund) and may make adjustments to the amount of the surcharge to ensure that the fund has adequate resources, provided that the fund balance does not exceed six months of projected expenses.

(4) Moneys collected pursuant to the surcharge may not be considered in any proceeding to establish rates for telecommunication service.

(5) The commission shall direct telecommunications public utilities to identify separately in bills to customers for service the surcharge imposed under this section.

(6) Notwithstanding ORS 314.835 (Divulging particulars of returns and reports prohibited) and 314.840 (Disclosure of information) , the Department of Revenue may disclose information received under ORS 403.200 (Imposition of tax) to 403.230 (Application of other laws) to the commission to carry out the provisions of ORS 759.693 (Definitions) to 759.698 (Eligibility) .

(7) The commission may disclose information obtained pursuant to ORS 759.693 (Definitions) to 759.698 (Eligibility) to the department to administer the tax imposed under ORS 403.200 (Imposition of tax) to 403.230 (Application of other laws) . [1987 c.290 §7; 1991 c.622 §2; 1991 c.872 §8; 1993 c.231 §1; 1995 c.79 §387; 1995 c.451 §1; 2001 c.408 §2; 2011 c.78 §1; 2017 c.237 §1; 2017 c.434 §3]

Source: Section 759.685 — Surcharge assessed on retail telecommunications subscribers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.240 — OR Code / Title 57 / Chapter 757 / Section 757.240
757.240 Filing schedules in business office
Status: in_force

(1) A copy of so much of all schedules, including schedules of joint rates and charges, as the Public Utility Commission deems necessary for the use of the public shall be printed in plain type and kept on file in every business office of such public utility, open to the public, and in such form and place as to be readily accessible to the public for convenient inspection.

(2) Copies of all new schedules shall be filed in every business office of such public utility 30 days prior to the time the schedules are to take effect, unless the commission prescribes a shorter time. [Amended by 1971 c.655 §73]

Source: Section 757.240 — Filing schedules in business office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.667 — OR Code / Title 57 / Chapter 757 / Section 757.667
757.667 City authority over rights of way
Status: in_force

Nothing in ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) shall diminish, or authorize regulations that diminish, a city’s authority to control the use of its rights of way and to collect license fees, privilege taxes, rent or other charges for the use of the city’s rights of way. [1999 c.865 §17]

Source: Section 757.667 — City authority over rights of way , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.990 — OR Code / Title 57 / Chapter 759 / Section 759.990
759.990 Penalties
Status: in_force

(1) Any telecommunications utility violating ORS 759.260 (Unjust discrimination in rates) commits a Class A violation. Violation of ORS 759.260 (Unjust discrimination in rates) by an officer or agent of a telecommunications utility is a Class D violation.

(2) Violation of ORS 759.275 (Undue preferences and prejudices) is a specific fine violation punishable by a fine of not more than $10,000.

(3) Violation of ORS 759.280 (Soliciting or accepting rebates or special advantage) is a Class A violation.

(4) Violation of ORS 759.355 (Issuance or use of proceeds contrary to commission order) is a specific fine violation punishable by a fine of not more than $20,000.

(5) Violation of ORS 759.360 (Prohibited acts regarding issuance of securities) is a Class C felony.

(6) A telecommunications carrier, as defined in ORS 759.400 (Definitions for ORS 759.400 to 759.455) , shall forfeit a sum of not less than $100 nor more than $50,000 for each time that the carrier:

(a) Violates any statute administered by the Public Utility Commission;

(b) Commits any prohibited act, or fails to perform any duty enjoined upon the carrier by the commission;

(c) Fails to obey any lawful requirement or order made by the commission; or

(d) Fails to obey any judgment made by any court upon the application of the commission.

(7) In construing and enforcing subsection (6) of this section, the act, omission or failure of any officer, agent or other person acting on behalf of or employed by a telecommunications carrier and acting within the scope of the person’s employment shall in every case be deemed to be the act, omission or failure of such telecommunications carrier.

(8) Except when provided by law that a penalty, forfeiture or other sum be paid to the aggrieved party, all penalties, forfeitures or other sums collected or paid under subsection (6) of this section shall be paid into the General Fund and credited to the Public Utility Commission Account. [1987 c.447 §52; 1999 c.1051 §225; 1999 c.1093 §39; 2003 c.576 §563; 2011 c.597 §94]

Source: Section 759.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.665 — OR Code / Title 57 / Chapter 759 / Section 759.665
759.665 Considerations in determining just and reasonable rate
Status: in_force

A just and reasonable rate shall assure the telecommunications utility or people’s utility district 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 telecommunications utility or people’s utility district 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 which remain available to the owner or owners of the subject facilities. [1987 c.447 §25]

Source: Section 759.665 — Considerations in determining just and reasonable rate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.482 — OR Code / Title 57 / Chapter 757 / Section 757.482
757.482 Approval to sell or convey real property below market price for development of affordable housing
Status: in_force

(1) As used in this section, “affordable housing” means affordable housing as defined in ORS 197A.445 (Affordable housing allowed outright) or publicly supported housing as defined in ORS 456.250 (Definitions for ORS 456.250 to 456.267) .

(2) Intentionally left blank —Ed.

(a) To facilitate the development of affordable housing in this state, the Public Utility Commission may allow a public utility to sell, or to convey at below market price or as a gift, the public utility’s interest in real property for the purpose of the real property being used for the development of affordable housing.

(b) The instrument that conveys, or contracts to convey, the public utility’s interest in the real property must include an affordable housing covenant as provided in ORS 456.270 (Definitions for ORS 456.270 to 456.295) to 456.295 (Action affecting covenant) .

(3) A public utility may not recover costs from customers for selling, or conveying at below market price or as a gift, the public utility’s interest in real property under this section. [2023 c.223 §29]

Note: 757.482 (Approval to sell or convey real property below market price for development of affordable housing) 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 757.482 — Approval to sell or convey real property below market price for development of affordable housing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.905 — OR Code / Title 57 / Chapter 757 / Section 757.905
757.905 Adoption of bylaws
Status: in_force

The board of directors of Oregon Community Power may adopt bylaws necessary to administer ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) , including but not limited to:

(1) Bylaws establishing the information the board must make available to the public prior to conducting a ratemaking hearing.

(2) Bylaws establishing procedures for conducting a ratemaking hearing that provide for substantially the same procedures as set forth in ORS 183.415 (Notice of right to hearing) , 183.425 (Depositions or subpoena of material witness) , 183.440 (Subpoenas in contested cases) and 183.450 (Evidence in contested cases) .

(3) Bylaws to facilitate the implementation of the primary mission of Oregon Community Power under ORS 757.818 (Oregon Community Power created) . [2007 c.807 §26]

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

Source: Section 757.905 — Adoption of bylaws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.320 — OR Code / Title 57 / Chapter 756 / Section 756.320
756.320 Statements accompanying fees
Status: in_force

Payment of each fee or portion thereof provided for in ORS 756.310 (Annual fees payable by utilities and telecommunications providers) shall be accompanied by a statement verified by the public utility or telecommunications provider involved, showing the basis upon which the fee or portion thereof is computed. This statement shall be in such form and detail as the Public Utility Commission shall prescribe and shall be subject to audit by the commission. The commission may refund any overpayment of any such fee in the same manner as other claims and expenses of the commission are payable as provided by law. [Amended by 1987 c.447 §89; 1995 c.733 §66; 1997 c.826 §9; 1999 c.339 §2]

Source: Section 756.320 — Statements accompanying fees; audit and refunding by commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.830 — OR Code / Title 57 / Chapter 757 / Section 757.830
757.830 Nominating committee
Status: in_force

(1) There is established the Oregon Community Power Board Nominating Committee. The purpose of the nominating committee is to assist the Governor in appointing members to the board of directors of Oregon Community Power under ORS 757.834 (Board of directors) .

(2) The nominating committee shall consist of five members, as follows:

(a) One member shall be a delegate from the Citizens’ Utility Board and shall represent the interests of residential electricity consumers.

(b) One member shall be a delegate from a qualified organization that represents the interests of primarily commercial electricity consumers.

(c) One member shall be a delegate from a qualified organization that represents the interests of primarily industrial electricity consumers.

(d) One member shall be a delegate from the League of Oregon Cities and shall represent the interests of municipalities and their residents.

(e) One member shall be a delegate from the Association of Oregon Counties and shall represent the interests of counties and their residents.

(3) Of the members described in subsection (2)(d) and (e) of this section, one shall be from a local government that is within the service territory of Oregon Community Power and one shall be from a local government that is outside of the service territory of Oregon Community Power.

(4) Intentionally left blank —Ed.

(a) In order for the nominating committee to convene, the board of directors of Oregon Community Power shall prepare a proposed direction to convene as soon as is practicable following the earlier of the date that a vacancy occurs on the board or the date that it becomes known that a vacancy on the board will occur within six months.

(b) The proposed direction to convene shall state the qualified organizations that are to provide the delegates described in subsection (2)(b) and (c) of this section. The board shall send copies of the proposed direction to the Public Utility Commission and to each organization that served as a qualified organization at a prior convening of the nominating committee.

(c) Within 15 days after receipt of the proposed direction to convene, the commission shall review the proposed direction. The commission shall afford the opportunity for a hearing if requested by any party. If the proposed direction lists organizations that meet the qualifications of subsection (2)(b) and (c) of this section, the commission shall approve the direction. If the proposed direction does not list organizations that are qualified organizations under subsection (2)(b) and (c) of this section, the commission may modify the direction prior to approval. A determination by the commission may be appealed as a contested case under ORS chapter 183.

(5) The nominating committee shall convene as soon as is practicable after receiving an approved direction to convene under subsection (4) of this section, and shall forward the first slate of nominees to the Governor for consideration under ORS 757.834 (Board of directors) no later than 90 days after the date an approved direction to convene is issued.

(6) The nominating committee shall nominate three individuals for each position on the board to be filled.

(7) A nominating committee that has been convened shall remain convened until each vacant position on the board is filled. The nominating committee shall forward a second slate of nominees to the Governor if requested by the Governor under ORS 757.834 (Board of directors) (2).

(8) In forwarding nominees to the Governor, the nominating committee shall strive to select individuals who:

(a) Meet the qualifications described in ORS 757.834 (Board of directors) (6);

(b) If appointed, would result in a board of directors that represents the geographic diversity of Oregon Community Power’s service territory; and

(c) Have the ability and experience to fulfill the principal duties of the board under ORS 757.880 (Board duties) .

(9) As used in this section, “qualified organization” means a nonprofit organization that represents a broad class of commercial or industrial customers and that has a substantial record of representing the class before state agencies or the Legislative Assembly in matters related to public utility rates, terms and conditions and energy policy issues affecting the class. [2007 c.807 §6]

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

Note: Section 7, chapter 807, Oregon Laws 2007, provides:

Sec. 7. (1) Notwithstanding section 6 of this 2007 Act [ 757.830 (Nominating committee) ], the Governor shall convene the initial Oregon Community Power Board Nominating Committee for the first board of directors of Oregon Community Power on the date the Governor activates Oregon Community Power under section 2 of this 2007 Act [ 757.814 (Creation of acquisition review committee) ].

(2) The nominating committee shall forward the first slate of nominees to the Governor for consideration under section 8 of this 2007 Act [ 757.834 (Board of directors) ] within 30 days following the convening of the committee by the Governor.

(3) If necessary, the nominating committee shall forward a second slate of nominees to the Governor for consideration within 10 days after the Governor’s request for a second slate of nominees under section 8 (2) of this 2007 Act.

(4) For purposes of section 6 (3) of this 2007 Act, the service territory of the incumbent utility is considered to be the service territory of Oregon Community Power. [2007 c.807 §7]

Source: Section 757.830 — Nominating committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.005 — OR Code / Title 57 / Chapter 757 / Section 757.005
757.005 Definition of public utility
Status: in_force

(1) Intentionally left blank —Ed.

(a) As used in this chapter, except as provided in paragraph (b) of this subsection, “public utility” means:

(A) Any corporation, company, individual, association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or a part of any plant or equipment in this state for the production, transmission, delivery or furnishing of heat, light, water or power, directly or indirectly to or for the public, whether or not such plant or equipment or part thereof is wholly within any town or city.

(B) Any corporation, company, individual or association of individuals, which is party to an oral or written agreement for the payment by a public utility, for service, managerial construction, engineering or financing fees, and having an affiliated interest with the public utility.

(b) As used in this chapter, “public utility” does not include:

(A) Any plant owned or operated by a municipality.

(B) Any railroad, as defined in ORS 824.020 (Definitions for ORS 824.020 to 824.042) , or any industrial concern by reason of the fact that it furnishes, without profit to itself, heat, light, water or power to the inhabitants of any locality where there is no municipal or public utility plant to furnish the same.

(C) Any corporation, company, individual or association of individuals providing heat, light or power:

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

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

(iii) From solar or wind resources to any number of customers; or

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

(D) A qualifying facility on account of sales made under the provisions of ORS 758.505 (Definitions for ORS 758.505 to 758.555) to 758.555 (Effect of energy sales on qualifying facility) .

(E) Any person furnishing heat, but not delivering electricity or natural gas to its customers, except:

(i) As provided in ORS 757.007 (Contract and rate schedule filing for certain furnishers of heat exempt from regulation) and 757.009 (Procedure for reregulation of furnishers of heat) ; or

(ii) With respect to heat furnished in municipalities which on January 1, 1989, had a municipally owned system that was furnishing steam or other thermal forms of heat to its customers.

(F) Notwithstanding subparagraph (E) of this paragraph, any corporation, company, partnership, individual or association of individuals furnishing heat to a single thermal end user from an electric generating facility, plant or equipment that is physically interconnected with the single thermal end user.

(G) Any corporation, company, partnership, individual or association of individuals that furnishes natural gas, electricity, ethanol, methanol, methane, biodiesel or other alternative fuel to any number of customers for use in motor vehicles and does not furnish any utility service described in paragraph (a) of this subsection.

(H) An electricity service supplier, as defined in ORS 757.600 (Definitions for ORS 757.600 to 757.687) .

(2) Nothing in subsection (1)(b)(C) of this section shall prohibit third party financing of acquisition or development by a utility customer of energy resources to meet the heat, light or power requirements of that customer. [Amended by 1953 c.583 §2; 1967 c.241 §1; 1967 c.314 §1; 1971 c.655 §64a; 1973 c.726 §1; 1979 c.62 §1; 1981 c.360 §1; 1981 c.749 §21; 1983 c.118 §1; 1983 c.799 §7; 1985 c.550 §1; 1985 c.633 §7; 1985 c.779 §1; 1987 c.447 §96; 1987 c.900 §3; 1989 c.5 §2; 1989 c.999 §§1,2; 1991 c.294 §1; 1995 c.267 §1; 1999 c.330 §2; 1999 c.491 §1; 1999 c.865 §21; 2001 c.104 §292; 2003 c.82 §4]

Source: Section 757.005 — Definition of public utility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.015 — OR Code / Title 57 / Chapter 759 / Section 759.015
759.015 Legislative findings on universal telecommunications service
Status: in_force

The Legislative Assembly finds and declares that it is the goal of the State of Oregon to secure and maintain high-quality universal telecommunications service at just and reasonable rates for all classes of customers and to encourage innovation within the industry by a balanced program of regulation and competition. The Public Utility Commission shall administer the statutes with respect to telecommunications rates and services in accordance with this policy. [Formerly 757.810]

Source: Section 759.015 — Legislative findings on universal telecommunications service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.280 — OR Code / Title 57 / Chapter 758 / Section 758.280
758.280 Definitions for ORS 758.280 to 758.286
Status: in_force

For the purposes of ORS 758.280 (Definitions for ORS 758.280 to 758.286) to 758.286 (Immunity not applicable to liability for cost of abating fires) :

(1) “Electric facilities” means lines, conduits, ducts, poles, wires, pipes, conductors, cables, crossarms, receivers, transmitters, transformers, instruments, machines, appliances and all other devices and apparatuses used, operated, owned or controlled by an electric utility for the purposes of manufacturing, transforming, transmitting, distributing, selling or furnishing electricity.

(2) “Electric utility” has the meaning given that term in ORS 758.505 (Definitions for ORS 758.505 to 758.555) .

(3) “Vegetation” means trees, shrubs, vines and all other plants. [2001 c.420 §1]

Note: 758.280 (Definitions for ORS 758.280 to 758.286) to 758.286 (Immunity not applicable to liability for cost of abating fires) 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 758.280 — Definitions for ORS 758.280 to 758.286 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 758.450 — OR Code / Title 57 / Chapter 758 / Section 758.450
758.450 Contract required for allocation of territory
Status: in_force

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

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

(3) Except as provided in subsection (4) of this section, during the pendency of an application for an allocation of exclusively served territory, no person other than applicant shall offer, construct or extend utility service in or into the territory applied for; nor shall any person, without the express consent of the commission, offer, construct or extend utility service in or into any unserved territory which is the subject of a filing pending before the commission under ORS 758.420 (Filing of contract) or 758.435 (Application for allocation of territory) .

(4) The provisions of ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) do not apply to any corporation, company, individual or association of individuals providing heat, light or power:

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

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

(c) From solar or wind resources to any number of customers; or

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

(5) Nothing in subsection (4) of this section shall prohibit third party financing of acquisition or development by a utility customer of energy resources to meet the heat, light or power requirements of that customer. [Formerly 757.652; 1981 c.360 §2; 1985 c.779 §2]

Source: Section 758.450 — Contract required for allocation of territory; prohibited activities; exceptions; third party financing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 772.215 — OR Code / Title 57 / Chapter 772 / Section 772.215
772.215 Appropriation of public lands
Status: in_force

When it is necessary or convenient, in the location of any poles or lines mentioned in ORS 772.210 (Right of entry and condemnation of lands for construction of service facilities) , to appropriate any part of any public road, street, alley or public grounds not within the corporate limits of any municipal corporation, the county court or board of county commissioners of the county within which such road, street, alley or public grounds is located, may agree with the public utility or electrical cooperative association upon the extent, terms and conditions upon which the same may be appropriated or used and occupied by such corporation. If such parties are unable to agree, the public utility or electrical cooperative association may condemn so much thereof as is necessary and convenient in the location and construction of the poles or lines. The provisions of ORS chapter 35 are applicable to condemnations under this section. [Amended by 1971 c.655 §242; 1971 c.741 §24; 1977 c.225 §3]

Source: Section 772.215 — Appropriation of public lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 759.257 — OR Code / Title 57 / Chapter 759 / Section 759.257
759.257 Extended area service: Portland to Scappoose
Status: in_force

(1) Two-way, flat rate or measured extended area service shall be provided by each telecommunications utility providing service between the Portland EAS Region and the Scappoose Exchange, as described by EAS and exchange maps filed with and approved by the Public Utility Commission.

(2) The service provided for in subsection (1) of this section may be implemented during the currently pending Portland EAS Region Expansion, but in no event shall such implementation occur later than November 1, 1998.

(3) Nothing in subsection (1) of this section authorizes a telecommunications utility to discontinue two-way, flat rate or measured extended area service in any exchange area where that service was provided prior to October 4, 1997. [1997 c.796 §2]

Source: Section 759.257 — Extended area service: Portland to Scappoose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.054 — OR Code / Title 57 / Chapter 757 / Section 757.054
757.054 Cost-effective energy efficiency resources and demand response resources
Status: repealed

(1) As used in this section:

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

(b) “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.

(2) The Legislative Assembly finds and declares that:

(a) Energy efficiency programs promote lower energy bills, protect the public health and safety, improve environmental benefits, stimulate sustainable economic development, create new employment opportunities and reduce reliance on imported fuels; and

(b) Demand response resources result in more efficient use of existing resources and reduce the need for procuring new power generating resources, which, in turn, reduces energy bills, protects the public health and safety and improves environmental benefits.

(3) For the purpose of ensuring prudent investments by an electric company in energy efficiency and demand response before the electric company acquires new generating resources, and in order to produce cost-effective energy savings, reduce customer demand for energy, reduce overall electrical system costs, increase the public health and safety and improve environmental benefits, each electric company serving customers in this state shall:

(a) Plan for and pursue all available energy efficiency resources that are cost effective, reliable and feasible; and

(b) As directed by the Public Utility Commission by rule or order, plan for and pursue the acquisition of available cost-effective demand response resources.

(4) All funds necessary to plan for and pursue cost-effective energy efficiency resources pursuant to subsection (3)(a) of this section must be collected in the rates of an electric company through charges paid by all retail electricity consumers, including those retail electricity consumers receiving electricity from electricity service suppliers subject to the limitations set forth in section 3, chapter 547, Oregon Laws 2021. The commission may require that a portion of all of the funds collected under this subsection be paid to a nongovernmental entity to make expenditures consistent with this section.

(5) Intentionally left blank —Ed.

(a) A retail electricity consumer that uses more than one average megawatt of electricity at any site in the prior year shall receive a credit against the amount charged in rates pursuant to subsection (4) of this section for that site for qualifying expenditures for energy efficiency resources made by the retail electricity consumer. The amount of the credit may not exceed the lesser of:

(A) The amount charged to the retail electricity consumer in rates; or

(B) The total amount of qualifying energy efficiency expenditures described in subsection (3)(a) of this section made by the retail electricity consumer for that site, less administration costs incurred under this subsection.

(b) The State Department of Energy shall adopt by rule procedures and other provisions necessary for a retail electricity consumer to obtain a credit under this subsection. [2016 c.28 §19; 2021 c.547 §2]

Note: 757.054 (Cost-effective energy efficiency resources and demand response resources) 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.

Note: Sections 3 and 4, chapter 547, Oregon Laws 2021, provide:

Sec. 3. Caps on amounts charged for larger consumers of retail electricity. (1) As used in this section:

(a) “Single contiguous area” includes an area of land crossed by a public or railroad right of way, but does not include infrastructure facilities located within the public or railroad right of way for purposes of determining whether the single contiguous area of land constitutes a site.

(b) “Site” means:

(A) Buildings and related structures that are interconnected by facilities owned by a single retail electricity consumer and that are served through a single electric meter;

(B) A single contiguous area of land containing buildings or other structures within which each building or structure is no more than 1,000 feet from at least one other building or structure, if the buildings and structures and the land containing and connecting the buildings and structures are all owned by a single retail electricity consumer, either directly or through a wholly owned subsidiary, that is billed for electricity use at the buildings and structures; or

(C) For any single retail electricity consumer, each account of the retail electricity consumer that has exceeded 4,000 kilowatts at least twice within the most recent 13-month period and for which the retail electricity consumer maintains a load factor of 80 percent or greater, if the combined electricity usage across all of the accounts described in this subparagraph, in the aggregate, equals 100 average megawatts or more in a calendar year.

(2) For the period beginning on the effective date of this 2021 Act [September 25, 2021] and ending December 31, 2025, a retail electricity consumer that uses more than one average megawatt of electricity at any site in the prior year may not be charged an amount in rates pursuant to ORS 757.054 (Cost-effective energy efficiency resources and demand response resources) (4) that exceeds 1.7 percent of the total revenue received from the sale of electricity services to the site from any source.

(3) For the period beginning January 1, 2026, and ending December 31, 2035, the combined annual amount charged under ORS 757.054 (Cost-effective energy efficiency resources and demand response resources) and 757.612 (Requirements for public purpose expenditures) to a retail electricity consumer that uses more than one average megawatt and less than 10 average megawatts of electricity at any site in the prior year may not exceed $250,000.

(4) Intentionally left blank —Ed.

(a) For the period beginning January 1, 2026, and ending December 31, 2030, the combined annual amount charged under ORS 757.054 (Cost-effective energy efficiency resources and demand response resources) and 757.612 (Requirements for public purpose expenditures) to a retail electricity consumer that uses more than 10 average megawatts of electricity at any site in the prior year may not exceed $4 million.

(b) For the period beginning January 1, 2031, and ending December 31, 2035, the combined annual amount charged under ORS 757.054 (Cost-effective energy efficiency resources and demand response resources) and 757.612 (Requirements for public purpose expenditures) to a retail electricity consumer that uses more than 10 average megawatts of electricity at any site in the prior year may not exceed $4.5 million. [2021 c.547 §3]

Sec. 4. Section 3 of this 2021 Act is repealed on January 2, 2036. [2021 c.547 §4]

Source: Section 757.054 — Cost-effective energy efficiency resources and demand response resources; legislative findings; planning and pursuit by electric company required; consumer credit; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 772.010 — OR Code / Title 57 / Chapter 772 / Section 772.010
772.010 Right of entry for survey of proposed right of way
Status: in_force

(1) A corporation organized for the construction of a railway, sewer or canal or of any ditch or flume for the conducting of water for irrigation or domestic purposes, or for the purpose of selling water to the public for general purposes for public use, or for conducting potable or waste water by means of pipe laid upon or under the surface of the ground; or desiring to use electrical power in the operation of any railway, shall have a right to enter upon any land, between the termini thereof or elsewhere, for the purpose of examining, locating or surveying the lines of such electric or other railway, sewer, canal, ditch, flume or pipeline, for the purpose of surveying or measuring any lands or rights appurtenant thereto needed for such purposes, doing no unnecessary damage thereby.

(2) Prior to entering upon private land under this section, a person who intends to enter upon the land shall first provide written notice by first class mail to the record owner of the private property of such intent to enter. [Amended by 1971 c.655 §232; 1999 c.629 §1]

Source: Section 772.010 — Right of entry for survey of proposed right of way; notice required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.744 — OR Code / Title 57 / Chapter 757 / Section 757.744
757.744 Disclaimers
Status: in_force

(1) ORS 757.732 (Definitions for ORS 757.732 to 757.744) to 757.744 (Disclaimers) do not authorize the expenditure of any public moneys for removal of Klamath River dams.

(2) ORS 757.732 (Definitions for ORS 757.732 to 757.744) to 757.744 (Disclaimers) do not create a cause of action against the State of Oregon or against any of the officers, employees or agents of the state and may not be used as the basis for an assertion of liability on the part of the State of Oregon or of any officers, employees or agents of the state. [2009 c.690 §8]

Source: Section 757.744 — Disclaimers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.425 — OR Code / Title 57 / Chapter 757 / Section 757.425
757.425 State not obligated following approval of issuance
Status: in_force

No provision of ORS 757.405 (Power to regulate issuance of utility securities) to 757.450 (Wrongful acts relating to issuance of securities) or ORS 757.457 (Definitions for ORS 757.457, 757.459, 757.461 and 757.463) , 757.459 (State policy to encourage financing of certain costs and expenses by public utilities) , 757.461 (Financing of rate recovery expenditures through rate recovery bonds) and 757.463 (Security interest as collateral in rate recovery assets) , and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the State of Oregon or any agency of state government, as defined in ORS 174.111 (“State government” defined) , to pay or guarantee, in any manner whatsoever, any stock or bond, note or other evidence of indebtedness, authorized, issued or executed under the provisions of ORS 757.405 (Power to regulate issuance of utility securities) to 757.450 (Wrongful acts relating to issuance of securities) or ORS 757.457 (Definitions for ORS 757.457, 757.459, 757.461 and 757.463) , 757.459 (State policy to encourage financing of certain costs and expenses by public utilities) , 757.461 (Financing of rate recovery expenditures through rate recovery bonds) and 757.463 (Security interest as collateral in rate recovery assets) . [Amended by 2023 c.529 §9]

Source: Section 757.425 — State not obligated following approval of issuance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.250 — OR Code / Title 57 / Chapter 759 / Section 759.250
759.250 Contracts for special services
Status: in_force

(1) A telecommunications utility may enter into a contract with any customer for the provision of a telecommunications service that the Public Utility Commission determines is a new service with limited availability, is designed to respond to a unique customer requirement or is subject to competition. Contracts shall be for a stated time period, not to exceed five years. If a contract includes competitive and noncompetitive service elements, the noncompetitive service elements shall be unbundled and priced separately from all other facilities and service elements in the contract. Such noncompetitive service elements shall be made available to all purchasers under the same or substantially the same circumstances at the same rate, terms and conditions.

(2) The telecommunications utility shall file any contract with the commission no later than 90 days following its effective date. At the customer’s request, the telecommunications utility shall file the contract at least 30 days in advance of the effective date. Notice of the filing of the contract shall be given by the commission to all persons who have filed with the commission a petition to receive such notice.

(3) Contracts entered into under this section are not schedules of rates, tolls or charges within the meaning of ORS 759.175 (Filing rate schedules and data with commission) . A contract entered into under this section shall be enforceable by the contracting parties according to its terms, unless the contract has been rejected by the commission as provided in this section.

(4) Notwithstanding ORS 759.175 (Filing rate schedules and data with commission) to 759.185 (Suspension of rates pending hearing) , the commission shall approve any contract for a telecommunications service entered into under this section if the commission finds the following:

(a) The telecommunications service is a new service with limited availability, is designed to respond to a unique customer requirement or is subject to competition. In making the determination of whether a service is subject to competition, the commission shall consider whether the customer might reasonably have chosen an alternative to the telecommunications utility’s service.

(b) The contracted price for the telecommunications service is above the long run incremental costs of providing such service during the term of the contract. In making this calculation for a contract that includes both competitive and noncompetitive service elements, the commission shall consider separately whether the competitive service elements are priced above the long run incremental costs of providing such service elements.

(c) The contracted price for the telecommunications service includes all costs of providing such service, including the rate that would be charged by a telecommunications utility to any competitive telecommunications provider for any component essential to the competitive telecommunications provider’s ability to offer the telecommunications service. The commission shall determine which components of the service shall be deemed essential and the method to include prices of those components in costs of such services.

(5) The commission shall issue an order regarding any contract filed under subsection (2) of this section within 90 days of the filing. If the commission does not act within 90 days of the filing, the contract shall be deemed approved. If the commission disapproves the contract, it shall enter an order describing the ways in which the contract fails to meet the standards set forth in subsection (4) of this section and declaring the contract null and void. The telecommunications utility or customer may request that the commission hold a hearing to determine whether the order should continue in effect. Any such request for hearing shall be submitted to the commission not later than 15 days after the date of service of the order, and the commission shall hold the hearing not later than 60 days after receipt of such request for hearing.

(6) Notwithstanding ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , the commission shall not disclose the identity of a customer or any customer proprietary information contained in a contract filed under subsection (2) of this section without the consent of the customer and the telecommunications utility.

(7) No contract filed under subsection (2) of this section may be automatically renewed. A contract renewal shall be treated as a new contract.

(8) Nothing in this section shall be deemed state action for the purpose of exempting a telecommunications utility from liability for anticompetitive conduct or other unlawful practices.

(9) Any contract executed prior to September 29, 1991, and approved by the commission is deemed lawful and shall be enforceable by the contracting parties according to its terms. A contract renewal shall be deemed a new contract.

(10) Nothing in this section shall restrict the commission from subsequent scrutiny of the reasonableness of contracts filed under this section for ratemaking purposes.

(11) In accordance with ORS 756.515 (Investigations and hearings on commission’s own motion) , the commission may investigate contracts filed by a specific telecommunications utility under this section. Notwithstanding any other provision of this section, if the commission finds that contracts entered into by a telecommunications utility have not generally been in the public interest, the commission, by order, may prevent or restrict the telecommunications utility from future contracting pursuant to this section and may require the telecommunications utility to file contracts under ORS 759.175 (Filing rate schedules and data with commission) . [1991 c.527 §2]

Source: Section 759.250 — Contracts for special services; procedure for filing and approval; subsequent review and investigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.075 — OR Code / Title 57 / Chapter 756 / Section 756.075
756.075 Right of entry for examination of equipment, records or employees
Status: in_force

(1) The Public Utility Commission or authorized representatives may enter upon any premises, or any equipment or facilities operated or occupied by any public utility or telecommunications utility for the purpose of making any inspection, examination or test reasonably required in the administration of ORS chapter 756, 757, 758 or 759 and to set up and use on such premises equipment or facilities any apparatus and appliances and occupy reasonable space therefor.

(2) The commission or authorized representatives shall, upon demand, have the right to inspect the books, accounts, papers, records and memoranda of any public utility or telecommunications utility and to examine under oath any officer, agent or employee of such public utility or telecommunications utility in relation to its business and affairs.

(3) Any person who on behalf of the commission makes demand of a public utility or telecommunications utility for an examination, inspection or test shall, upon request therefor, produce a certificate under the seal of the commission showing authority to make such examination, inspection or test.

(4) Nothing in this section authorizes the commission to use any information developed thereunder for any purpose inconsistent with any statute administered by the commission or to make a disclosure thereof for other than regulatory purposes. [Formerly 757.260; 1973 c.776 §20; 1987 c.447 §80; 1995 c.733 §57]

Source: Section 756.075 — Right of entry for examination of equipment, records or employees; use of findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 758.235 — OR Code / Title 57 / Chapter 758 / Section 758.235
758.235 Applicability of local improvement laws
Status: in_force

Unless otherwise provided by ORS 758.210 (Policy) to 758.270 (Effect of ORS 758.210 to 758.270 on existing laws and rights) , the provisions relating to the procedure for local improvements in cities, as set forth in ORS 223.205 (Scope and application) , 223.210 (Right of property owners to apply for installment payment of assessment) to 223.295 (Limit on city indebtedness) , 223.387 (Description of real property) to 223.399 (Powers of local government concerning assessments for local improvements) , 223.401 (Review of assessment) , 223.405 (Definitions for ORS 223.405 to 223.485) to 223.485 (When reassessment authority inapplicable) , 223.505 (Definitions for ORS 223.505 to 223.595) to 223.595 (Validation of prior foreclosure proceedings) , 223.610 (Foreclosure of certain liens by suits in equity) , 223.615 (Recovery of attorney fees in foreclosure proceeding) to 223.650 (Redemption) and 223.770 (Assessment of public property benefited by improvements) , apply to proceedings for a conversion by a city or county under ORS 758.210 (Policy) to 758.270 (Effect of ORS 758.210 to 758.270 on existing laws and rights) . In a proceeding conducted by a county, where the statutes referred to in this section refer to officials of cities, the corresponding officials of the county shall perform the required functions, unless otherwise provided by order of the county court or board of county commissioners. Cities and counties may, as provided by ORS 223.205 (Scope and application) and 223.210 (Right of property owners to apply for installment payment of assessment) to 223.295 (Limit on city indebtedness) , issue improvement bonds in the total amount of the valid applications received to pay assessments in installments. [1969 c.385 §6; 1995 c.333 §20; 2017 c.17 §60]

Source: Section 758.235 — Applicability of local improvement laws; issuance of bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 758.320 — OR Code / Title 57 / Chapter 758 / Section 758.320
758.320 Application of ORS 758.300 to 758.320 to cities
Status: in_force

(1) The provisions of ORS 758.300 (Definitions for ORS 758.300 to 758.320) to 758.320 (Application of ORS 758.300 to 758.320 to cities) shall not be construed to restrict the powers granted to cities to issue franchises or to restrict the powers of condemnation of a municipality.

(2) The provisions of ORS 758.300 (Definitions for ORS 758.300 to 758.320) to 758.320 (Application of ORS 758.300 to 758.320 to cities) shall not be construed to restrict the formation of homeowners associations pursuant to ORS chapter 94, cooperatives pursuant to ORS chapter 62 or districts pursuant to ORS chapter 198 within the designated exclusive service territory of a water utility. A homeowners association, cooperative or district may petition the Public Utility Commission for an order excluding the association, cooperative or district from the exclusive service territory of a water utility. Upon a showing by the association, cooperative or district that exclusion is not detrimental to the public interest, the commission may issue an order excluding the association, cooperative or district from the exclusive service territory of a water utility.

(3) The commission shall recognize the service territories of a water utility that has an existing franchise on October 23, 1999, with a municipality as exclusive service territories. Upon application as provided in ORS 758.302 (Application for exclusive service territory) , any such water utility may request an order from the commission to designate exclusive service territories in addition to those identified in the franchise agreement if the water utility is providing adequate and exclusive service to areas outside the areas identified in the franchise agreement.

(4) A district, as defined in ORS 198.010 (“District” defined for chapter) , that provides water utility service shall be exempt from the requirements of ORS 758.302 (Application for exclusive service territory) . However, upon request of the commission, the district shall provide to the commission a map of its service territory and shall in all other respects comply with the requirements of ORS 758.300 (Definitions for ORS 758.300 to 758.320) to 758.320 (Application of ORS 758.300 to 758.320 to cities) . [1999 c.695 §8; 2003 c.202 §6]

Note: See note under 758.300 (Definitions for ORS 758.300 to 758.320) .

ELECTRIC AND GAS UTILITIES; ALLOCATION OF TERRITORIES AND CUSTOMERS

Source: Section 758.320 — Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations; existing franchise; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.325 — OR Code / Title 57 / Chapter 757 / Section 757.325
757.325 Undue preferences and prejudices
Status: in_force

(1) No public utility shall make or give undue or unreasonable preference or advantage to any particular person or locality, or shall subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect.

(2) Any public utility violating this section is guilty of unjust discrimination.

Source: Section 757.325 — Undue preferences and prejudices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.440 — OR Code / Title 57 / Chapter 758 / Section 758.440
758.440 Order of commission on application
Status: in_force

(1) On the basis of the application, or, if there is a hearing, on the record made at the hearing held pursuant to ORS 758.435 (Application for allocation of territory) , the Public Utility Commission shall enter an order either approving or disapproving the application as filed, or as amended, together with findings of the facts supporting such order.

(2) The commission, before approving an application for the allocation of territory, shall find that the applicant is exclusively serving the territory covered by the application and in the case of an adjacent unserved area that it is more economical and feasible to serve by an extension of the applicant’s existing facilities than by an extension of the facilities of another person. [Formerly 757.645; 1985 c.633 §2]

Source: Section 758.440 — Order of commission on application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.500 — OR Code / Title 57 / Chapter 757 / Section 757.500
757.500 Contracts between certain public utilities
Status: in_force

When any public utility is primarily engaged in another enterprise and is only indirectly engaged in the production, transmission, delivery or furnishing of heat, light, water or power to or for the public by reason of a contract or agreement, express or implied, between itself and another public utility which is directly engaged in such business, the jurisdiction of the Public Utility Commission over such public utility extends only to the right to modify, control, rescind, alter or amend any such existing contract or agreement where the interest of the customers of such public utility directly engaged in such business demands. No such contract or agreement is valid or enforceable until it has been approved by the commission as being in the public interest. [Formerly 757.175]

Source: Section 757.500 — Contracts between certain public utilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.269 — OR Code / Title 57 / Chapter 757 / Section 757.269
757.269 Setting of rates based upon income taxes paid by utility
Status: in_force

(1) When establishing schedules and rates under ORS 757.210 (Hearing to establish new schedules) for an electricity or natural gas utility, the Public Utility Commission shall act to balance the interests of the customers of the utility and the utility’s investors by setting fair, just and reasonable rates that include amounts for income taxes. Subject to subsections (2) and (3) of this section, amounts for income taxes included in rates are fair, just and reasonable if the rates include current and deferred income taxes and other related tax items that are based on estimated revenues derived from the regulated operations of the utility.

(2) During ratemaking proceedings conducted pursuant to ORS 757.210 (Hearing to establish new schedules) , the Public Utility Commission must ensure that the income taxes included in the electricity or natural gas utility’s rates:

(a) Include all expected current and deferred tax balances and tax credits made in providing regulated utility service to the utility’s customers in this state;

(b) Include only the current provision for deferred income taxes, accumulated deferred income taxes and other tax related items that are based on revenues, expenses and the rate base included in rates and on the same basis as included in rates;

(c) Reflect all known changes to tax and accounting laws or policy that would affect the calculated taxes;

(d) Are reduced by tax benefits generated by expenditures made in providing regulated utility service to the utility’s customers in this state, regardless of whether the taxes are paid by the utility or an affiliated group;

(e) Contain all adjustments necessary in order to ensure compliance with the normalization requirements of federal tax law; and

(f) Reflect other considerations the commission deems relevant to protect the public interest.

(3) During a ratemaking proceeding conducted under ORS 757.210 (Hearing to establish new schedules) for an electricity or natural gas utility that pays taxes as part of an affiliated group, the Public Utility Commission may adjust the utility’s estimated income tax expense based upon:

(a) Whether the utility’s affiliated group has a history of paying federal or state income taxes that are less than the federal or state income taxes the utility would pay to units of government if it were an Oregon-only regulated utility operation;

(b) Whether the corporate structure under which the utility is held affects the taxes paid by the affiliated group; or

(c) Any other considerations the commission deems relevant to protect the public interest.

(4) Intentionally left blank —Ed.

(a) Because tax information of unregulated nonutility business in an electricity or natural gas utility’s affiliated group is commercially sensitive, and public disclosure of such information could provide a commercial advantage to other businesses, the Public Utility Commission may not use the tax information obtained under this section for any purpose other than those described in this section, in ORS 757.511 (Application for authority to exercise influence over utility) and as necessary for the implementation and administration of this section and ORS 757.511 (Application for authority to exercise influence over utility) .

(b) The commission shall adopt rules to implement paragraph (a) of this subsection that:

(A) Identify all documents and tax information that an electricity or natural gas utility must file in its initial filing in a proceeding to change rates that include amounts for income taxes, recognizing that any party may object to providing such documents on the grounds that they are not relevant; and

(B) Determine the procedures under which intervenors in such proceedings may obtain and use documents and tax information to fully participate in the proceeding.

(5) As used in this section, “affiliated group” means a group of corporations of which the public utility is a member and that files a consolidated federal income tax return. [2011 c.137 §1]

Note: 757.269 (Setting of rates based upon income taxes paid by utility) 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 757.269 — Setting of rates based upon income taxes paid by utility; limitation on use of tax information; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.660 — OR Code / Title 57 / Chapter 757 / Section 757.660
757.660 Use of arbitration to resolve disputes relating to valuation of electric company investments
Status: in_force

(1) In adopting market valuation methodologies under ORS 757.659 (Commission rules) (4), the Public Utility Commission may provide for use of arbitration to resolve disputes relating to valuation of electric company investments.

(2) The commission shall adopt rules for the following purposes:

(a) Establishing the process for selecting an arbitrator under this section.

(b) Establishing the type, scope and subject matter of arbitrations under this section, and the procedure for conducting those arbitrations.

(c) Establishing standards for the decision of an arbitrator under this section.

(d) Governing who may be a party to an arbitration under this section.

(3) Intentionally left blank —Ed.

(a) An arbitrator selected under rules adopted pursuant to subsection (2) of this section must be experienced in valuing generating resources and may not have any material conflict of interest in the result of the arbitration.

(b) Any party to the arbitration may challenge the selection of an arbitrator by direct petition to the commission. The commission’s review of the selection shall be limited to allegations of bias and lack of qualifications. The commission shall hold a hearing within 10 days after the filing of a petition, and the commission shall issue a final decision within 10 days after the hearing. The commission may require selection of a different arbitrator.

(4) The arbitrator shall control the time, manner and place of the arbitration, subject to any limitations established by commission rule.

(5) An arbitrator acts on behalf of the commission in performing duties and powers under this section and under rules adopted by the commission pursuant to this section. Nothing in this section shall be construed to grant any rights or privileges to an arbitrator that are otherwise afforded to persons employed by the state.

(6) The commission shall enforce an arbitration decision made pursuant to this section, unless any party to the arbitration files written exceptions with the commission for any of the following causes:

(a) The decision was procured by corruption, fraud or undue means;

(b) There was evident partiality or corruption on the part of the arbitrator;

(c) The arbitrator exceeded the arbitrator’s powers, or so imperfectly executed the arbitrator’s powers that the rights of the party were substantially prejudiced;

(d) There was an evident material miscalculation of figures or an evident material mistake in the description of any thing or property referred to in the decision; or

(e) The decision was based on an erroneous interpretation of a statute, rule or other law.

(7) If, after a hearing on the exceptions filed as provided in subsection (6) of this section, it appears to the commission that the decision should be set aside or modified, the commission may by order refer the decision back to the arbitrator with proper instructions for correction or rehearing.

(8) A commission order or decision under this section may not be appealed until after the commission issues a final order adopting the arbitration decision. [2001 c.134 §1a; 2005 c.22 §507; 2005 c.638 §10]

Note: 757.660 (Use of arbitration to resolve disputes relating to valuation of electric company investments) was added to and made a part of 757.600 (Definitions for ORS 757.600 to 757.687) to 757.687 (Consumer-owned utility offering direct access) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 757.660 — Use of arbitration to resolve disputes relating to valuation of electric company investments; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.495 — OR Code / Title 57 / Chapter 757 / Section 757.495
757.495 Contracts involving utilities and persons with affiliated interests
Status: in_force

(1) When any public utility doing business in this state enters into any contract to make any payment, directly or indirectly, to any person or corporation having an affiliated interest, for service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legal or other services, or enter any charges therefor on its books, which shall 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 Public Utility 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.

(2) When any public utility doing business in this state enters into any contract, oral or written, with any person or corporation having an affiliated interest relating to the construction, operation, maintenance, leasing or use of the property of such public utility in Oregon, or the purchase of property, materials or supplies, which shall 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.

(3) When any such contract has been submitted to the commission, the commission promptly shall examine and investigate the contract. If, after such investigation, the commission determines that the contract is fair and reasonable and not contrary to the public interest, the commission shall enter findings and an order to this effect and serve a copy thereof upon the public utility, whereupon any expenses and capital expenditures incurred by the public utility under the contract may be recognized in any rate valuation or other hearing or proceeding. If, after such 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 an order accordingly and serve a copy thereof upon the public utility, and, except as provided in subsection (4) of this section, it shall be unlawful to recognize the contract for the purposes specified in this section.

(4) When any such contract has been filed with the commission within 90 days of execution and the commission has not entered an order disapproving the contract under subsection (3) 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 such contract has not been approved under subsection (3) of this section.

(5) No public utility shall issue notes or lend its funds or give credit on its books or otherwise to any person or corporation having an affiliated interest, either directly or indirectly, without the approval of the commission.

(6) The action of the commission with respect to all the matters described in this section when submitted to the commission shall be by findings and an order to be entered within 90 days after the matter has been submitted to the commission for consideration, and the findings and order of the commission with respect to any of such matters shall be and remain in full force and effect, unless and until set aside, modified or remanded in a proceeding for judicial review of an order in the manner provided by ORS 756.610 (Judicial review) . [Formerly 757.170; 1989 c.956 §7; 2005 c.22 §505; 2005 c.638 §9; 2017 c.312 §5]

Source: Section 757.495 — Contracts involving utilities and persons with affiliated interests , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.691 — OR Code / Title 57 / Chapter 757 / Section 757.691
757.691 Applicability
Status: in_force

Nothing in ORS 757.669 (Policy regarding consumer-owned electric utilities) to 757.687 (Consumer-owned utility offering direct access) is intended to affect administration and enforcement of ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) or to diminish or enlarge the rights of any person under ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) . [1999 c.865 §28]

Source: Section 757.691 — Applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 772.610 — OR Code / Title 57 / Chapter 772 / Section 772.610
772.610 Definitions for ORS 772.610 to 772.625
Status: in_force

As used in ORS 772.610 (Definitions for ORS 772.610 to 772.625) to 772.625 (Resolution showing proposed route and termini of pipeline) , unless the context otherwise requires:

(1) “Natural gas company” means every corporation, company, association, joint stock association, partnership or person authorized to do business in this state and engaged in the transportation, distribution or underground storage of natural gas.

(2) “Pipeline” has the meaning given that term in ORS 772.505 (Definitions for ORS 772.505 to 772.520) (1).

(3) “Underground reservoir” means any subsurface sand, strata, formation, aquifer, cavern or void whether natural or artificially created, suitable for the injection and storage of natural gas therein and the withdrawal of natural gas therefrom, but excluding a “pool.”

(4) “Underground storage” means the process of injecting and storing natural gas within and withdrawing natural gas from an underground reservoir. [1977 c.296 §8; 1989 c.821 §5]

Source: Section 772.610 — Definitions for ORS 772.610 to 772.625 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 759.560 — OR Code / Title 57 / Chapter 759 / Section 759.560
759.560 Assignment or transfer of allocated territory
Status: in_force

(1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a finding that the assignment or transfer is not contrary to the public interest.

(2) The commission may approve a transfer of territory previously allocated only upon receipt of an application for allocation that is jointly filed by the transferor and the transferee. The application shall include exchange maps that show how the applicants want the commission to allocate the territory. The commission shall enter an order either approving or disapproving the application as filed, or as amended, together with findings of fact supporting the order.

(3) Intentionally left blank —Ed.

(a) An order approving an allocation of territory may not be construed to confer any property right.

(b) Notwithstanding paragraph (a) of this subsection, upon the death of an individual to whom territory was allocated or who was an applicant under an approved order, the executor or administrator of the estate of the individual shall continue the operation of local exchange telecommunications service for the purpose of transferring territorial allocation rights. The executor or administrator shall continue the operation for a period not to exceed two years from the date of death.

(4) In the event the property of a person serving an allocated territory is condemned, no value shall be claimed or awarded by reason of the contract or order making the allocation.

(5) The commission may by rule establish requirements for notice to affected persons of the assignment or transfer of allocated territory. [1987 c.447 §65; 2005 c.232 §29]

Source: Section 759.560 — Assignment or transfer of allocated territory; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.330 — OR Code / Title 57 / Chapter 759 / Section 759.330
759.330 Hearings and supplemental orders for securities issuance
Status: in_force

(1) To enable the Public Utility Commission to determine whether the commission will issue an order under ORS 759.315 (Purposes for which securities may be issued) , the commission may hold a hearing and may make such additional inquiry or investigation, examine such witnesses, books, papers, documents and contracts and require the filing of such data as the commission deems necessary. The application for such order shall be given priority and shall be disposed of by the commission within 30 days after the filing of such application, unless that period is extended with the consent of the telecommunications utility.

(2) The commission may, upon application of the telecommunications utility, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as the commission finds necessary or appropriate, and may by any such supplemental order modify the provisions of any previous order as to the particular purposes, uses, extent to which, or the condition under which, any security theretofore authorized or its proceeds may be applied. Such supplemental orders are subject to the requirements of ORS 759.315 (Purposes for which securities may be issued) . The period of time permitted under subsection (1) of this section for disposing of applications shall not apply to supplemental orders.

(3) If a commission or other agency is empowered by another state to regulate and control the amount and character of securities to be issued by any telecommunications utility within such other state, the commission of Oregon has power to agree with such commission or agency of such other state on the issue of stocks, bonds, notes, other evidences of indebtedness or securities by a telecommunications utility owning or operating a telecommunications utility both in such state and in this state, and has power to approve such issue jointly with such commission or agency and to issue a joint certificate of such approval. However, no such joint approval is required in order to express the consent to and approval of such issue by the State of Oregon if the issue is separately approved by the Oregon commission. [1987 c.447 §34]

Source: Section 759.330 — Hearings and supplemental orders for securities issuance; joint approval for issuance by utility operating in another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.455 — OR Code / Title 57 / Chapter 759 / Section 759.455
759.455 Prohibited acts
Status: in_force

(1) Unless exempt from compliance under section 251(f) of the federal Telecommunications Act of 1996 (47 U.S.C. 251(f)), a telecommunications utility shall not:

(a) Discriminate against another provider of retail telecommunications services by unreasonably refusing or delaying access to the telecommunications utility’s local exchange services.

(b) Discriminate against another provider of retail telecommunications services by providing access to required facilities on terms or conditions less favorable than those the telecommunications utility provides to itself and its affiliates. A telecommunications facility, feature or function is a required facility if:

(A) Access to a proprietary facility, feature or function is necessary; and

(B) Failure to provide access to the facility, feature or function would impair a telecommunications carrier seeking access from providing the services the carrier is seeking to provide.

(c) Unreasonably degrade or impair the speed, quality or efficiency of access or any other service, product or facility provided to another provider of telecommunications services.

(d) Fail to disclose in a timely and uniform manner, upon reasonable request and pursuant to a protective agreement concerning proprietary information, all information reasonably necessary for the design of network interface equipment, services or software that will meet the specifications of the telecommunications utility’s local exchange network.

(e) Unreasonably refuse or delay interconnections or provide inferior interconnections to another provider of telecommunications services.

(f) Use basic exchange services rates, directly or indirectly, to subsidize or offset the cost of other products or services offered by the telecommunications utility.

(g) Discriminate in favor of itself or an affiliate in the provision and pricing of, or extension of credit for, any telephone service.

(h) Fail to provide a service, product or facility in accordance with applicable contracts, and tariffs and rules of the Public Utility Commission.

(i) Impose unreasonable or discriminatory restrictions on network elements or the resale of its services, except that:

(A) The telecommunications utility may require that residential service not be resold as a different class of service; and

(B) The commission may prohibit the resale of services the commission has approved for provision to a not-for-profit entity at rates below those offered to the general public.

(j) Provide telephone service to a person acting as a telecommunications provider if the commission has ordered the telecommunications utility to discontinue telephone service to the person.

(2) A complaint alleging a violation of subsection (1) of this section shall be heard by the Public Utility Commission or, at the commission’s discretion, by an Administrative Law Judge designated by the commission. A hearing under this subsection shall be conducted in an expedited manner consistent with the following:

(a) The complaint shall be served upon the telecommunications carrier and filed with the commission.

(b) An answer or other responsive pleading to the complaint shall be filed with the commission not more than 10 days after receipt of the complaint. Copies of the answer or responsive pleading shall be served upon the complainant and upon the commission.

(c) A prehearing conference shall be held not later than 15 days after the complaint is filed. Hearing on the complaint shall commence not later than 30 days after the complaint is filed. Within 45 days after the complaint is filed, the commission shall either prepare a final decision or approve as final the decision of the Administrative Law Judge. The final decision shall be issued as an order of the commission in the manner provided under ORS 756.558 (Taking of evidence) .

(3) If the commission or Administrative Law Judge finds that a violation of this section has occurred, the commission shall, within five business days, order the telecommunications utility to remedy the violation within a specified period of time. The commission may prescribe specific action to be taken by the utility, including but not limited to submitting a plan for preventing future violations. If the violation continues beyond the time period specified in the commission’s order, the commission on its own motion or upon the motion of an interested party may seek penalties as provided in ORS 759.990 (Penalties) or otherwise may seek enforcement under ORS 756.160 (Enforcement of statutes and ordinances relating to utilities) or 756.180 (Enforcing utility laws) , or both.

(4) Total annual penalties imposed on a telecommunications utility under this section and ORS 759.450 (Minimum service quality standards) shall not exceed two percent of the utility’s gross intrastate revenue from the sale of telecommunications services for the year preceding the year in which the violation occurred.

(5) An order of the commission under this section is subject to judicial review in the manner provided by ORS 756.610 (Judicial review) .

(6) The Court of Appeals shall give proceedings brought before the court under this section priority over all other matters before the court. [1999 c.1093 §38; 2005 c.638 §17; 2017 c.312 §11]

Source: Section 759.455 — Prohibited acts; commission action on allegation of violation; penalties; judicial review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.270 — OR Code / Title 57 / Chapter 758 / Section 758.270
758.270 Effect of ORS 758.210 to 758.270 on existing laws and rights
Status: in_force

ORS 758.210 (Policy) to 758.270 (Effect of ORS 758.210 to 758.270 on existing laws and rights) are supplemental and cumulative of existing rights, laws, charters, ordinances and franchises and shall not abrogate or modify any franchise granted to a utility by any local government or abrogate or modify in any way existing rights, laws, charters or ordinances of any local government. [1969 c.385 §13]

Source: Section 758.270 — Effect of ORS 758.210 to 758.270 on existing laws and rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.035 — OR Code / Title 57 / Chapter 759 / Section 759.035
759.035 Duty to furnish adequate and safe service at reasonable rates
Status: in_force

Every telecommunications utility is required to furnish adequate and safe service, equipment and facilities, and the charges made by any public utility for any service rendered or to be rendered in connection therewith shall be reasonable and just, and every unjust or unreasonable charge for such service is prohibited. [1987 c.447 §3]

Source: Section 759.035 — Duty to furnish adequate and safe service at reasonable rates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.613 — OR Code / Title 57 / Chapter 757 / Section 757.613
757.613 Whole building assessment
Status: in_force

(1) If an electric company invests moneys collected under ORS 757.054 (Cost-effective energy efficiency resources and demand response resources) on new cost-effective local energy conservation, or if the nongovernmental entity described in ORS 757.746 (Requirements for nongovernmental entities receiving funds) invests moneys paid to the nongovernmental entity under ORS 757.054 (Cost-effective energy efficiency resources and demand response resources) on new cost-effective local energy conservation, and if the investment involves updating the energy efficiency of a residential or nonresidential building, the electric company, Oregon Community Power or the nongovernmental entity may make those investments by conducting a whole building assessment of the energy efficiency of the building and, in consideration of the whole building assessment, by maximizing the overall energy efficiency of the building. For purposes of this subsection, a “whole building assessment” means a single assessment of savings opportunities, as identified by the Public Utility Commission by rule or order.

(2) An investment described in subsection (1) of this section must be limited to an investment in a single project, as authorized by the commission by rule or order. [2013 c.383 §1; 2021 c.547 §5]

Note: 757.613 (Whole building assessment) 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 757.613 — Whole building assessment; investment in energy efficiency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.380 — OR Code / Title 57 / Chapter 757 / Section 757.380
757.380 Applicability of ORS 757.360 to 757.380
Status: in_force

ORS 757.360 (Definitions for ORS 757.360 to 757.380) to 757.380 (Applicability of ORS 757.360 to 757.380) apply only to qualifying systems that are solar photovoltaic energy systems. [2009 c.748 §5]

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

Source: Section 757.380 — Applicability of ORS 757.360 to 757.380 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.480 — OR Code / Title 57 / Chapter 757 / Section 757.480
757.480 Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility
Status: in_force

(1) A public utility doing business in Oregon shall not, without first obtaining the Public Utility Commission’s approval of such transaction:

(a) Except as provided in subsection (6) of this section, sell, lease, assign or otherwise dispose of the whole of the property of the public utility necessary or useful in the performance of the public utility’s duties to the public or any part thereof of a value of $1 million or more, or sell, lease, assign or otherwise dispose of any franchise, permit or right to maintain and operate the public utility or public utility property, or perform any service as a public utility;

(b) Mortgage or otherwise encumber the whole or any part of the property of the public utility necessary or useful in the performance of the public utility’s duties to the public, including any franchise, permit or right to maintain and operate the public utility or public utility property, or perform any service as a public utility; or

(c) By any means whatsoever, directly or indirectly, merge or consolidate any of the public utility’s lines, plant, system or other property whatsoever, or franchise or permit to maintain or operate any public utility property, or perform any service as a public utility, or any part thereof, with any other public utility.

(2) A public utility doing business in Oregon shall annually file with the commission a report that includes a summary of each transaction in excess of $25,000 but less than $1 million that the public utility made during the previous calendar year that involved the sale, lease, assignment or other disposition of the whole of the property of the public utility necessary or useful in the performance of the public utility’s duties to the public or any part thereof.

(3) Every sale, lease, assignment, mortgage, disposition, encumbrance, merger or consolidation subject to subsection (1) of this section made other than in accordance with the order of the commission authorizing the same is void.

(4) For purposes of complying with subsections (1)(a) and (2) of this section, a public utility shall include in the calculation of the value of the property to be sold, leased, assigned or otherwise disposed of only the portion of the value of the property that has been recognized as the basis of an operating expense or capital expenditure in an Oregon rate valuation or other hearing or proceeding.

(5) This section does not prohibit or invalidate the sale, lease or other disposition by any public utility of property that is not necessary or useful in the performance of the public utility’s duties to the public.

(6) A water utility doing business in Oregon shall not, without first obtaining the Public Utility Commission’s approval of a transaction, sell, lease, assign or otherwise dispose of the whole of the property of the water utility necessary or useful in the performance of the water utility’s duties to the public or any part thereof of a value in excess of $10,000, or sell, lease, assign or otherwise dispose of any franchise, permit or right to maintain and operate the water utility or water utility property, or perform any service as a water utility. [Formerly 757.155; 1999 c.530 §1; 2019 c.252 §1]

Source: Section 757.480 — Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 772.015 — OR Code / Title 57 / Chapter 772 / Section 772.015
772.015 Condemnation of lands for rights of way and necessary facilities
Status: in_force

Any corporation mentioned in ORS 772.010 (Right of entry for survey of proposed right of way) may condemn so much land as may be necessary for the lines of such railway, sewer, canal, ditch, flume or pipeline, not exceeding 100 feet in width, besides a sufficient quantity of land for toolhouses, workshops, materials for construction, timber excepted, and a right through such adjacent land to enable such corporation to construct and repair its lines, poles, towers, wires, underground wires, supports and necessary equipment, railway, sewer, canal, ditch, flume or other pipeline, and to make proper drains. [Amended by 1971 c.655 §233; 1999 c.629 §2]

Source: Section 772.015 — Condemnation of lands for rights of way and necessary facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.542 — OR Code / Title 57 / Chapter 757 / Section 757.542
757.542 Definitions for ORS 757.542 to 757.562
Status: in_force

As used in ORS 757.542 (Definitions for ORS 757.542 to 757.562) to 757.562 (Report to Legislative Assembly of center activities) and 757.993 (Penalty for violation of utility excavation notification provisions) :

(1) “Business day” means any 24-hour day other than a Saturday, Sunday or federal or state legal holiday.

(2) “Damage” means harm to or destruction of underground facilities including, but not limited to, the weakening of structural, lateral or subjacent support; the penetration, impairment or destruction of any coating, housing or other protective device; and the denting of, penetration into or severance of underground facilities.

(3) “Excavation” means any operation in which earth, rock or other material on or below the ground is moved or otherwise displaced by any means, except sidewalk, road and ditch maintenance less than 12 inches in depth that does not lower the road grade or original ditch flow line. “Excavation” does not include the tilling of soil for agricultural purposes conducted on private property that is not within the boundaries of a recorded right of way or easement for underground facilities.

(4) “Excavator” means any person who engages in excavation.

(5) “Operator” means any person, public utility, municipal corporation, political subdivision of the state or other person with control over underground facilities.

(6) “Underground facilities” means items partially or entirely below the surface of the ground for use in connection with the storage or conveyance of electrical energy, water, sewage, petroleum products, gas, gaseous vapors or hazardous liquids, or the transmission of electronic, telephonic, telegraphic or cable communications. Such items include, but are not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those parts of poles or anchors that are underground.

(7) “Unlocatable underground facilities” means underground facilities that cannot be marked with reasonable accuracy, including nonconductive sewers and nonmetallic underground facilities that have no trace wires. [1995 c.691 §1]

Note: 757.542 (Definitions for ORS 757.542 to 757.562) to 757.562 (Report to Legislative Assembly of center activities) 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 757.542 — Definitions for ORS 757.542 to 757.562 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.435 — OR Code / Title 57 / Chapter 759 / Section 759.435
759.435 Assessment of telecommunications infrastructure and community needs
Status: in_force

(1) The Oregon Business Development Department, in collaboration with affected telecommunications carriers, the Connecting Oregon Communities Advisory Board, representatives of local communities and other members of the public interested in improved telecommunications services, shall conduct an assessment of telecommunications infrastructure and community telecommunications needs in local communities and across the various regions of this state. The assessment shall include:

(a) The type of telecommunications services and technology, including infrastructure, already deployed within communities and regions;

(b) The type of telecommunications technology and services desired by communities within regions;

(c) The competitiveness of the local telecommunications market, including a list of all telecommunications carriers and Internet service providers;

(d) The economic significance of desired telecommunications investments;

(e) Community and regional priority lists for telecommunications infrastructure and service investments;

(f) The ability of qualified public and nonprofit users within the community or region to aggregate demand for telecommunications services and the benefits of such aggregation;

(g) The estimated costs and implementation schedule of desired or proposed telecommunications investments;

(h) An analysis of state, federal, nonprofit and private sources of funding for the proposed improvements;

(i) The ability of the investment to be self-supporting; and

(j) The ability of a community or region to make the investments necessary to connect to the Oregon Enterprise Network, and the local and statewide benefits of such investments.

(2) Intentionally left blank —Ed.

(a) To the maximum extent practicable, the assessment shall recognize and include existing state, regional and local plans and information. The department may use its own staff or may contract with third parties to conduct the assessment.

(b) A copy of the assessment shall be submitted to the Oregon Business Development Commission and to the Joint Legislative Committee on Information Management and Technology. The commission shall consider the information contained in the report when adopting or amending the rules required under ORS 759.430 (Approval of projects funded by carrier’s Telecommunications Infrastructure Account) (1).

(3) The commission shall not approve plans under ORS 759.430 (Approval of projects funded by carrier’s Telecommunications Infrastructure Account) (1) until the commission has received the assessment required under this section. The department shall report to the Joint Legislative Committee on Information Management and Technology on implementation of ORS 759.430 (Approval of projects funded by carrier’s Telecommunications Infrastructure Account) to 759.445 (Connecting Oregon Communities Fund) prior to the approval of project plans under ORS 759.430 (Approval of projects funded by carrier’s Telecommunications Infrastructure Account) (1). [1999 c.1093 §32]

Source: Section 759.435 — Assessment of telecommunications infrastructure and community needs; contents; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.575 — OR Code / Title 57 / Chapter 756 / Section 756.575
756.575 Notice of acceptance of terms of orders
Status: in_force

The Public Utility Commission may provide by rule that any public utility or telecommunications utility affected by any order shall within a time to be fixed by the commission, notify the commission whether the terms of the order are accepted and will be obeyed. [1971 c.655 §55; 1973 c.776 §32; 1987 c.447 §94; 1995 c.733 §72]

Source: Section 756.575 — Notice of acceptance of terms of orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.255 — OR Code / Title 57 / Chapter 757 / Section 757.255
757.255 Testing of measuring appliances
Status: in_force

(1) The Public Utility Commission may provide for the examination and testing of any and all appliances used for the measuring of any service of a public utility, and may provide by rule that no such appliance shall be installed and used for the measuring of any service of any public utility until it has been examined and tested by the commission and found to be accurate.

(2) The commission shall declare and establish a reasonable fee governing the cost of such examination and test, which shall be paid to the commission by the public utility.

(3) The commission shall declare and establish reasonable fees for the testing of such appliances on the application of the customer, the fee to be paid by the customer at the time of the customer’s request, but to be repaid to the customer by the commission and to be paid by the public utility if the appliance is found defective or incorrect to the disadvantage of the customer or used beyond such reasonable limit as may be prescribed by the commission.

(4) All fees collected under the provisions of this section shall be paid by the commission into the State Treasury.

(5) The commission may purchase such materials, apparatus and standard measuring instruments for the examination and tests as the commission deems necessary. [Amended by 1971 c.655 §76]

Source: Section 757.255 — Testing of measuring appliances; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.463 — OR Code / Title 57 / Chapter 757 / Section 757.463
757.463 Security interest as collateral in rate recovery assets
Status: in_force

(1) Intentionally left blank —Ed.

(a) A public utility, finance subsidiary or assignee may grant a security interest in rate recovery assets as collateral for rate recovery bonds. A security interest in rate recovery assets is valid and enforceable against the debtor and third parties, subject only to the rights of any third parties holding security interests in the rate recovery assets attached and perfected in the manner described under this subsection.

(b) A security interest in rate recovery assets attaches if:

(A) The secured party, or a financing party that the secured party represents, has given value; and

(B) The debtor has signed a security agreement granting the secured party a security interest in the rate recovery assets.

(c) A valid and enforceable security interest in rate recovery assets is perfected if:

(A) The security interest has attached in the manner described in paragraph (b) of this subsection; and

(B) A financing statement has been filed in accordance with the requirements of ORS chapter 79 that identifies the debtor as “debtor,” the secured party as “secured party” and the rate recovery assets granted as security as the “collateral,” and contains a description in the financing statement that refers to the Public Utility Commission’s financing order creating the rate recovery assets. The financing statement shall be deemed sufficient under ORS chapter 79 and all other relevant law for identifying the rate recovery assets granted as security.

(d) A perfected security interest in rate recovery assets is a continuously perfected security interest, whether or not the related revenues have accrued or the related rate recovery charges have been charged, billed or collected. Rate recovery assets constitute a presently existing, fully vested property right for the purposes of contracts securing the rate recovery bonds, whether or not the related revenues have accrued or the related rate recovery charges have been charged, billed or collected. Multiple security interests in the same rate recovery assets shall rank according to priority in time of perfection.

(e) Subject to the terms of the security agreement covering the rate recovery assets, the relative priority of a security interest created or perfected under this section is not adversely affected by:

(A) Any later modification of the financing order or rate recovery assets; or

(B) The commingling of proceeds of rate recovery assets with other moneys.

(2) Intentionally left blank —Ed.

(a) A transfer of rate recovery assets to an assignee is perfected against all third parties if a notice of the transfer, by means of a financial statement:

(A) Is filed in accordance with the requirements of ORS chapter 79;

(B) Specifies that the notice of transfer is filed to provide notice of the transfer of the rate recovery assets from the transferor to the assignee;

(C) Identifies the transferor as “debtor,” the assignee as “secured party” and the rate recovery asset as “collateral”; and

(D) Contains a description that refers to the commission’s financing order that created the rate recovery assets.

(b) A notice of transfer that is filed in accordance with the requirements under paragraph (a) of this subsection shall be deemed sufficient under ORS chapter 79 and all other relevant laws for identifying the rate recovery assets and for providing notice that the rate recovery assets have been transferred to the assignee.

(c) A transfer is perfected against third parties on the date a notice of transfer is filed.

(d) A transfer of rate recovery assets to a financing subsidiary that is perfected under this subsection is free and clear of all claims, security interests, liens and encumbrances of the transferring public utility, except for any prior security interest perfected under subsection (1) of this section.

(e) The priority of a transfer that is perfected under this subsection is not adversely affected by:

(A) Any later modification of the financing order or rate recovery assets; or

(B) The commingling of proceeds of rate recovery assets.

(3) Intentionally left blank —Ed.

(a) When proceeds of rate recovery assets are transferred to a segregated account for an assignee or secured party, any lien or security interest that may apply to those proceeds, other than a security interest perfected under subsection (1) of this section, is automatically terminated, without the need for further notice, act or evidence.

(b) Proceeds from rate recovery assets shall be held in trust for an assignee or secured party until the proceeds have been transferred to the assignee or secured party.

(c) Any adjustment in rate recovery charges does not affect the validity, perfection or priority of a security interest in or the transfer of rate recovery assets.

(4) Intentionally left blank —Ed.

(a) The rights and remedies of a secured party in enforcing a secured interest in rate recovery assets do not include and are without recourse to any public utility asset except for the rate recovery assets, even if the rate recovery assets are commingled with other assets.

(b) If a public utility or finance subsidiary defaults on a required payment with respect to rate recovery bonds, a secured party or secured party’s representatives may apply to the commission for relief. Upon application by a secured party or secured party’s representatives, the commission shall order, without limiting other remedies of the secured party or secured party’s representatives, the sequestration and payment to the secured party or secured party’s representatives of the proceeds of the rate recovery assets.

(c) The interest of an assignee or financing party in rate recovery assets is not subject to setoff, counterclaim, surcharge or defense by the public utility or any other person in connection with a bankruptcy, reorganization or insolvency proceeding. However, any surplus in excess of amounts necessary to pay principal, interest, premium, if any, and other amounts due with respect to the rate recovery bonds and associated financing costs, including enforcement costs, with respect to the security agreement shall be remitted to the debtor or transferor.

(d) Notwithstanding any bankruptcy, reorganization or other insolvency proceeding with respect to a public utility, debtor or transferor with respect to rate recovery assets, the commission’s financing order shall remain in full force and effect.

(5) A transfer of rate recovery assets by a public utility to a finance subsidiary or other assignee that the parties have expressly stated in the governing documentation to be a sale or other absolute transfer, in a transaction approved in a financing order, shall be treated as a true sale and not as a pledge or other financing of the rate recovery assets. According the holders of rate recovery bonds a preferred right to revenues of the public utility or the provision by the public utility of other credit enhancement with respect to rate recovery bonds does not impair or negate the characterization of a transfer as a true sale.

(6) Any successor to a public utility pursuant to any bankruptcy, reorganization or other insolvency proceeding shall perform and satisfy all obligations of the public utility under an approved contract governing rate recovery bonds in the same manner and to the same extent as was required of the public utility before the proceeding, including, without limitation, billing, collecting and paying to the holders of the rate recovery bonds or their representatives revenues arising with respect to the rate recovery assets pledged to secure the rate recovery bonds.

(7) The granting, perfection and enforcement of security interests in rate recovery assets to secure rate recovery bonds are subject to ORS chapter 79, except that when a provision in ORS chapter 79 comes in conflict with a provision in this section, the provision in this section shall control.

(8) Except for enforcement permitted under the laws of another state, the laws of this state shall govern the creation, validity, enforceability, attachment, perfection, priority and exercise of remedies with respect to the creation or transfer of a security interest in a rate recovery asset. [2023 c.529 §6 (enacted in lieu of 757.460)]

Source: Section 757.463 — Security interest as collateral in rate recovery assets; requirements for attachment and perfection; transfers; enforcement rights and remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.135 — OR Code / Title 57 / Chapter 759 / Section 759.135
759.135 Depreciation accounts
Status: in_force

(1) Every telecommunications utility shall carry a proper and adequate depreciation account. The Public Utility Commission shall ascertain and determine the proper and adequate rates of depreciation of the several classes of property of each telecommunications utility. The rates shall be such as will provide the amounts required over and above the expenses of maintenance, to keep such property in a state of efficiency corresponding to the progress of the industry. Each telecommunications utility shall conform its depreciation accounts to the rates so ascertained and determined by the commission. The commission may make changes in such rates of depreciation from time to time as the commission may find to be necessary.

(2) In the following cases the commission may allow in rates, directly or indirectly, amounts on the utility’s books of account which the commission finds represent undepreciated investment in a utility plant, including that which has been retired from service:

(a) When the retirement is due to ordinary wear and tear, casualties, acts of God, acts of governmental authority; or

(b) When the commission finds that the retirement is in the public interest. [1987 c.447 §11; 1989 c.956 §3]

RATE REGULATION AND PROCEDURES; MEASURING EQUIPMENT

Source: Section 759.135 — Depreciation accounts; undepreciated investment allowed in rates; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.270 — OR Code / Title 57 / Chapter 759 / Section 759.270
759.270 Reducing rates for persons furnishing part of facilities
Status: in_force

(1) No telecommunications utility shall demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the telecommunications utility in consideration of the furnishing by such person of any part of the facilities incident thereto.

(2) This section does not prohibit any telecommunications utility from renting any customer’s facilities incident to providing its services and for paying a reasonable rental therefor.

(3) This section does not require a telecommunications utility to furnish any part of such appliances which are situated in and upon the premises of any customer, except meters and appliances for measurements of any service, unless otherwise ordered by the Public Utility Commission. [1987 c.447 §48]

Source: Section 759.270 — Reducing rates for persons furnishing part of facilities; rental of customer facilities; furnishing meters and appliances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.460 — OR Code / Title 57 / Chapter 758 / Section 758.460
758.460 Assignment or transfer of rights acquired by allocation
Status: in_force

(1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a finding that such assignment or transfer is not contrary to the public interest. However, no hearing is required if all affected customers agree to the proposed assignment or transfer.

(2) No approved contract or order approving an allocation of territory shall be construed to confer any property right; providing, however, upon the death of an individual who is a party to an approved contract or the applicant under an approved order, the executor or administrator shall continue the operation thereunder for the purpose of transferring such rights for a period of not to exceed two years from the date of death.

(3) In the event the property of a person serving an allocated territory is condemned, no value shall be claimed or awarded by reason of the contract or order making such allocation. [Formerly 757.670; 1983 c.540 §6]

Source: Section 758.460 — Assignment or transfer of rights acquired by allocation; approval of commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.536 — OR Code / Title 57 / Chapter 757 / Section 757.536
757.536 Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard
Status: reserved

(1) Intentionally left blank —Ed.

(a) The Public Utility Commission may not acknowledge in an integrated resource plan, or allow in customer rates, the costs of a long-term financial commitment by an electric company or by an electricity service supplier unless the baseload electricity proposed to be acquired under the commitment is produced by a generating facility that complies with the greenhouse gas emissions standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers) .

(b) The commission shall revoke the certification under ORS 757.649 (Certification of electricity service suppliers) of an electricity service supplier entering into a long-term financial commitment to serve customers in this state if baseload electricity acquired under the commitment is produced by a generating facility that does not comply with the greenhouse gas emissions performance standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers) .

(2) Pursuant to ORS 756.040 (General powers) , the commission shall adopt rules for the implementation of this section.

(3) Within 90 days of application by an electric company or electricity service supplier, the commission shall determine whether the electric company’s or electricity service supplier’s proposal to enter into a long-term financial commitment complies with the greenhouse gas emissions standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers) . The commission may not decide in a proceeding under this subsection issues involving the actual costs to construct and operate the selected resource, cost recovery or other issues reserved by the commission for decision in a general rate case or other proceeding for recovery of the resource or contract costs. [2009 c.751 §6]

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

Source: Section 757.536 — Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.868 — OR Code / Title 57 / Chapter 757 / Section 757.868
757.868 Oregon Community Power to be successor in interest to incumbent utility
Status: in_force

(1) 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) , unless otherwise required by the Oregon Constitution, Oregon Community Power shall constitute the successor in interest to the incumbent utility as of the date of the acquisition for all purposes, including but not limited to:

(a) Allocation of territory and contracts allocating territory;

(b) City franchise fee agreements; and

(c) Contracts or obligations of any nature, to the extent the contracts or obligations apply to a successor in interest to the incumbent utility.

(2) Until the board of directors of Oregon Community Power establishes bylaws governing the procedures for conducting a ratemaking hearing and establishing rates under ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) and under those procedures establishes one or more new rates or tariffs or establishes one or more changes in rates or tariffs, Oregon Community Power shall:

(a) Adopt all existing rate schedules in effect for the incumbent utility on the date of acquisition;

(b) Adopt the general rules and regulations of the incumbent utility’s tariffs; and

(c) Maintain Oregon Community Power books and records in accordance with generally accepted accounting principles and with the uniform system of accounts established by the Federal Energy Regulatory Commission.

(3) 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) , Oregon Community Power is subject to all privilege taxes imposed by municipalities that the incumbent utility was required to pay to municipalities immediately before the acquisition. [2007 c.807 §16]

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

Source: Section 757.868 — Oregon Community Power to be successor in interest to incumbent utility; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.425 — OR Code / Title 57 / Chapter 758 / Section 758.425
758.425 Order of commission on contract
Status: in_force

(1) On the basis of the applicant’s filing or, if there is a hearing, on the record made at the hearing held pursuant to ORS 758.420 (Filing of contract) , the Public Utility Commission shall enter an order either approving or disapproving the contract as filed, together with any appropriate findings of the facts supporting such order.

(2) An order of the commission under this section is subject to judicial review in the manner provided by ORS 756.610 (Judicial review) .

(3) If the commission approves a contract and a petition for judicial review is not filed, the contract shall be deemed to be valid and enforceable for all purposes from the date on which the right to file a petition for judicial review expires. [Formerly 757.630; 1985 c.633 §4; 2005 c.638 §13; 2017 c.312 §8]

Source: Section 758.425 — Order of commission on contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 758.535 — OR Code / Title 57 / Chapter 758 / Section 758.535
758.535 Criteria for qualifying facility
Status: in_force

(1) The Public Utility Commission shall establish minimum criteria that a cogeneration facility or small power production facility must meet to qualify as a qualifying facility under ORS 543.610 (Acquisition of project by state or municipality) , 757.005 (Definition of public utility) and 758.505 (Definitions for ORS 758.505 to 758.555) to 758.555 (Effect of energy sales on qualifying facility) .

(2) The terms and conditions for the purchase of energy or energy and capacity from a qualifying facility shall:

(a) Be established by rule by the commission if the purchase is by a public utility;

(b) Be adopted by an electric cooperative or people’s utility district according to the applicable provision of ORS chapter 62 or 261; and

(c) Be established by a municipal utility according to the requirements of the municipality’s charter and ordinance.

(3) The rules or policies adopted under subsection (2) of this section also shall:

(a) Establish safety and operating requirements necessary to adequately protect all systems, facilities and equipment of the electric utility and qualifying facility;

(b) Be consistent with applicable standards required by the Public Utility Regulatory Policies Act of 1978 (P.L. 95-617); and

(c) Be made available to the public at the commission’s office. [1983 c.799 §4]

Source: Section 758.535 — Criteria for qualifying facility; terms and conditions of energy sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.260 — OR Code / Title 57 / Chapter 759 / Section 759.260
759.260 Unjust discrimination in rates
Status: in_force

(1) Except as provided in ORS 759.265 (Practices not constituting unjust discrimination) , no telecommunications utility or any agent or officer thereof shall, directly or indirectly, by any device, charge, demand, collect or receive from any person a greater or less compensation for any service rendered or to be rendered by it than:

(a) That prescribed in the public schedules or tariffs then in force or established; or

(b) It charges, demands, collects or receives from any other person for a like and contemporaneous service under substantially similar circumstances. A difference in rates or charges based upon a difference in classification pursuant to ORS 759.210 (Classification of service and rates) shall not constitute a violation of this paragraph.

(2) Any telecommunications utility violating this section is guilty of unjust discrimination. [1987 c.447 §46; 1989 c.5 §22; 1993 c.18 §165]

Source: Section 759.260 — Unjust discrimination in rates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 772.030 — OR Code / Title 57 / Chapter 772 / Section 772.030
772.030 Condemnation of right of way through canyon or pass for joint use by railroads
Status: in_force

(1) Any railroad company whose right of way passes through any canyon, pass or defile shall not prevent any other railroad company from the use and occupancy of said canyon, pass or defile for the purpose of its railroad in common with the railroad first located.

(2) Any railroad company authorized by law to condemn property for right of way or any other corporate purpose, may commence an action for condemnation of a right of way through any canyon, pass or defile for the purpose of its railroad, where right of way has already been located, condemned or occupied by some other railroad company through such canyon, pass or defile for the purpose of its railroad.

(3) Thereupon like proceedings shall be had as are provided by the laws of this state for the condemnation of land for right of way and other railroad purposes. At the time of rendering judgment for damages, the court or judge thereof shall enter a judgment authorizing the railroad to occupy and use the right of way, roadbed and track, if necessary, in common with the railroad company already occupying or owning the same, and defining the terms and conditions upon which the same shall be so occupied and used in common. [Amended by 2003 c.576 §564]

Source: Section 772.030 — Condemnation of right of way through canyon or pass for joint use by railroads , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.687 — OR Code / Title 57 / Chapter 757 / Section 757.687
757.687 Consumer-owned utility offering direct access
Status: in_force

(1) Beginning on the date a consumer-owned utility provides direct access to any class of retail electric consumers, the consumer-owned utility shall collect from that consumer class a nonbypassable public purpose charge until January 1, 2026. Except as provided in subsection (8) of this section, the amount of the public purpose charge shall be sufficient to produce revenue of not less than three percent of the total revenue collected by the consumer-owned utility from its retail electricity consumers for electricity services, distribution, ancillary services, metering and billing, transition charges and any other costs included in rates as of July 23, 1999, except that the consumer-owned utility may exclude from the calculation of such costs any cost related to the public purposes described in subsection (5) of this section. If a consumer-owned utility has fewer than 17 consumers per mile of distribution line, the amount of the public purpose charge shall be sufficient to produce revenue not less than three percent of the total revenue from the sale of electricity services in the utility’s service area to the consumer class that is provided direct access, or the utility’s consumer class percentage share of state total electricity sales multiplied by three percent of total statewide retail electric revenue, whichever is less.

(2) Except as provided in subsection (9) of this section, the governing body of a consumer-owned utility shall determine the manner of collecting and expending funds for public purposes required by law to be assessed against and paid by the retail electric consumers of the utility. A determination by the governing body shall include:

(a) The manner for collecting public purpose charges;

(b) Public purpose programs upon which revenue from the charges may be expended; and

(c) The allocation of expenditures for each program.

(3) Beginning on the same date two years after July 23, 1999, a consumer-owned utility shall report annually to the State Department of Energy created under ORS 469.030 (State Department of Energy) on the public purpose charges paid to the utility by its retail electric consumers and the public purposes on which the revenue was expended.

(4) A consumer-owned utility may comply with the public purpose requirements of this section by participating in collaborative efforts with other consumer-owned utilities located in this state.

(5) Funds assessed and paid by, and credits or other financial assistance issued or extended to, retail electric consumers for purposes of this section may, in the discretion of the governing body of the consumer-owned utility, be expended to fund programs for energy conservation, renewable resources or low-income energy services otherwise required by the laws of this state, adopted by the governing body pursuant to the National Energy Conservation Policy Act (Public Law 95-619, as amended November 10, 1981), or conducted by the utility pursuant to agreement with the Bonneville Power Administration under the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96-501). All such funds expended, credits issued and incremental costs incurred in connection with the performance of a consumer-owned utility’s obligations under this section shall be credited toward the utility’s public purpose funding obligation under this section.

(6) A consumer-owned utility also may credit toward its funding obligations under this section any incremental costs incurred by the utility for capital expenditures made to reduce its distribution system energy losses, existing biomass gas and waste to energy systems, existing hydroelectric generation projects using fish attraction water, for new energy conservation and renewable resource funding costs included in its wholesale power supplier’s charges and for electric power generated by renewable or cogeneration resources pursuant to requirements of the Public Utilities Regulatory Policy Act of 1978 (Public Law 95-617), to the extent that such costs exceed the average cost of the utility’s other electric power resources.

(7) A consumer-owned utility also may credit toward its public purpose funding obligations under this section any costs incurred in complying with ORS 469.649 (Definitions for ORS 469.649 to 469.659) to 469.659 (Implementation of program by publicly owned utility) .

(8) Beginning on March 1, 2002, a consumer-owned utility whose territory abuts the greatest percentage of the site of an aluminum plant that averages more than 100 megawatts of electricity use per year shall collect from the aluminum company a public purpose charge equal to one percent of the total revenue from the sale of electricity services to the aluminum plant from any source.

(9) Intentionally left blank —Ed.

(a) A retail electricity consumer that uses more than one average megawatt of electricity at any site in the prior year shall receive a credit against public purpose charges billed by a consumer-owned utility for that site. The amount of the credit shall be equal to the total amount of qualifying expenditures for new energy conservation, not to exceed 68 percent of the annual public purpose charges, and the above-market costs of purchases of new renewable energy resources incurred by the retail electricity consumer, less administration costs incurred under this subsection. The credit shall not exceed, on an annual basis, the lesser of:

(A) The amount of the retail electricity consumer’s qualifying expenditures; or

(B) The portion of the public purpose charge billed to the retail electricity consumer that is dedicated to new energy conservation, new market transformation or the above-market costs of new renewable resources.

(b) To obtain a credit under this subsection, a retail electricity consumer shall file with the department a description of the proposed conservation project, new market transformation or new renewable energy resource and a declaration that the retail electricity consumer plans to incur the qualifying expenditure. The department shall issue a notice of precertification within 30 days of receipt of the filing, if such filing is consistent with this subsection. Notice shall be issued to the retail electricity consumer and the appropriate consumer-owned utility. The credit may be taken after a retail electricity consumer provides a letter from a certified public accountant to the department verifying that the precertified qualifying expenditure has been made.

(c) Credits earned by a retail electricity consumer as a result of qualifying expenditures that are not used in one year may be carried forward for use in subsequent years.

(d) Intentionally left blank —Ed.

(A) A retail electricity consumer that uses more than one average megawatt of electricity at any site in the prior year may request that the department hire an independent auditor to assess the potential for conservation measures at the site. If the independent auditor determines there is no available conservation measure at the site that would have a simple payback of one to 10 years, the retail electricity consumer shall be relieved of 54 percent of its payment obligation for public purpose charges related to the site. If the auditor determines that there are potential conservation measures available at the site, the retail electricity consumer shall be entitled to a credit against public purpose charges related to the site equal to 54 percent of the public purpose charges less the estimated cost of available conservation measures.

(B) A retail electricity consumer shall be entitled each year to the credit described in this paragraph unless a subsequent audit determines that new conservation investment opportunities are available. The department may require that a new audit be performed on the site to determine whether new conservation measures are available, provided that the audits occur no more than once every two years.

(C) The retail electricity consumer shall pay the cost of the audits described in this subsection.

(10) A retail electricity consumer with a load greater than one average megawatt shall not be required to pay a public purpose charge in excess of three percent of the consumer’s total cost of electricity services unless the charge is established in an agreement between the consumer and the consumer-owned utility.

(11) Beginning on March 1, 2002, a consumer-owned utility shall have in operation a bill assistance program for households that qualify for federal low-income energy assistance in the consumer-owned utility’s service area. A consumer-owned utility shall report annually to the Housing and Community Services Department detailing the utility’s program and program expenditures.

(12) A consumer-owned utility may require an electricity service supplier to provide information necessary to ensure compliance with this section. The consumer-owned utility shall ensure the privacy and protection of any proprietary information provided. [1999 c.865 §27; 2001 c.819 §5; 2007 c.301 §29]

Source: Section 757.687 — Consumer-owned utility offering direct access; public purpose charge; bill assistance program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.689 — OR Code / Title 57 / Chapter 759 / Section 759.689
759.689 Use of surcharge for marketing and outreach to increase participation rate in plan of assistance
Status: in_force

(1) From moneys collected as a surcharge under ORS 759.685 (Surcharge assessed on retail telecommunications subscribers) , the Public Utility Commission shall expend moneys on marketing and outreach activities as is necessary to increase the participation rate in the plan of assistance established by the commission under section 6, chapter 290, Oregon Laws 1987.

(2) The Oregon Telephone Assistance Program Advisory Committee established under ORS 759.688 (Oregon Telephone Assistance Program Advisory Committee) will annually review use of moneys collected as a surcharge under ORS 759.685 (Surcharge assessed on retail telecommunications subscribers) and make recommendations to the commission on the amount of moneys to expend on marketing and outreach activities.

(3) Notwithstanding subsections (1) and (2) of this section, moneys expended on marketing and outreach activities under this section may not exceed 15 percent of moneys collected as a surcharge under ORS 759.685 (Surcharge assessed on retail telecommunications subscribers) .

(4) A coordinated care organization, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , may not directly receive moneys expended under this section. [2017 c.434 §2]

Note: See note under 759.688 (Oregon Telephone Assistance Program Advisory Committee) .

Source: Section 759.689 — Use of surcharge for marketing and outreach to increase participation rate in plan of assistance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.543 — OR Code / Title 57 / Chapter 756 / Section 756.543
756.543 Issuance of subpoenas
Status: in_force

(1) The Public Utility Commission shall issue subpoenas to any party to a proceeding before the commission upon request and proper showing of the general relevance and reasonable scope of the evidence sought. Witnesses appearing pursuant to subpoena, other than the parties or their officers or employees, or employees of the commission, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2). If the commission certifies that the testimony of a witness was relevant and material, any person who paid fees and mileage to that witness shall be reimbursed by the commission and from moneys referred to in ORS 756.360 (Disposal and use of fees and penalties collected) , subject to the limitations provided in ORS 756.360 (Disposal and use of fees and penalties collected) .

(2) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the person may be lawfully interrogated, the judge of the circuit court of any county, on the application of the commission, or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1971 c.655 §46; 1983 c.540 §2; 1987 c.980 §23; 1997 c.249 §221]

Source: Section 756.543 — Issuance of subpoenas; failure to comply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.225 — OR Code / Title 57 / Chapter 757 / Section 757.225
757.225 Utilities required to collect for their services in accordance with schedules
Status: in_force

No public utility shall charge, demand, collect or receive a greater or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in printed rate schedules as may at the time be in force, or demand, collect or receive any rate not specified in such schedule. The rates named therein are the lawful rates until they are changed as provided in ORS 757.210 (Hearing to establish new schedules) to 757.220 (Notice of schedule changes required) . [Amended by 1971 c.655 §71; 1985 c.550 §3; 1991 c.67 §204]

Source: Section 757.225 — Utilities required to collect for their services in accordance with schedules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.320 — OR Code / Title 57 / Chapter 757 / Section 757.320
757.320 Reducing rates for persons furnishing part of necessary facilities
Status: in_force

(1) No public utility shall demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the public utility in consideration of the furnishing by such person of any part of the facilities incident thereto.

(2) This section does not prohibit any public utility from renting any customer’s facilities incident to providing its services and for paying a reasonable rental therefor.

(3) This section does not require a public utility to furnish any part of such appliances which are situated in and upon the premises of any customer, except meters and appliances for measurements of any service, unless otherwise ordered by the Public Utility Commission. [Amended by 1971 c.655 §80]

Source: Section 757.320 — Reducing rates for persons furnishing part of necessary facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.994 — OR Code / Title 57 / Chapter 757 / Section 757.994
757.994 Civil penalty for violation of statute, rule or order related to water utilities
Status: in_force

(1) In addition to all other penalties provided by law, a person who violates any statute, rule or order of the Public Utility Commission related to water utilities is subject to a civil penalty of not more than $500 for each violation. The commission may require that penalties imposed under this section be used for the benefit of the customers of water utilities affected by the violation.

(2) Notwithstanding ORS 183.745 (Civil penalty procedures) (7)(d), 183.315 (Application of provisions of chapter to certain agencies) (6) and 756.500 (Complaint) to 756.610 (Judicial review) , civil penalties under this section must be imposed by the commission as provided in ORS 183.745 (Civil penalty procedures) . [2003 c.202 §3]

Note: 757.994 (Civil penalty for violation of statute, rule or order related to water utilities) 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 757.994 — Civil penalty for violation of statute, rule or order related to water utilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 774.990 — OR Code / Title 57 / Chapter 774 / Section 774.990
774.990 Penalty
Status: in_force

Willful violation of ORS 774.120 (Inclusion of information in utility billings) (1) or (5) or 774.140 (Interference with mailings or contributions) is a Class A misdemeanor. [1985 c.1 §17]

Source: Section 774.990 — Penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 758.020 — OR Code / Title 57 / Chapter 758 / Section 758.020
758.020 Joint occupancy of poles
Status: in_force

(1) The county court, board of county commissioners or the Department of Transportation, when designating the location where poles or other aboveground facilities described in ORS 758.010 (Authority to construct lines and facilities) may be placed on a road or highway which fronts on the ocean or on a river or other body of water and the water frontage of the highway is being developed or maintained for its scenic or recreational value, may require all lines to occupy the opposite side of the right of way, if such joint occupancy can be maintained without undue impairment of service or damage to public life and property.

(2) If the owners of such lines are unable to agree on the terms and conditions of joint occupancy, such department, court or board shall request the Public Utility Commission to determine the practicability of such joint occupancy and the effect thereof upon adequate and safe service by the prospective joint occupants, the location of the lines, and, if found to be practicable, to fix and prescribe the terms and conditions pursuant to which joint occupancy shall be accomplished. Before making or entering an order, such commission shall hold a hearing and make findings in accordance with ORS 756.500 (Complaint) to 756.610 (Judicial review) . The order of the commission is subject to judicial review in the manner provided by ORS 756.610 (Judicial review) . In fixing terms and conditions pursuant to which joint occupancy shall be accomplished, the Public Utility Commission shall require the installation by each occupant of standards, devices and equipment reasonably necessary to protect the equipment of the other occupants from damage and the public from injury arising from such joint occupancy.

(3) The right of any public utility, telecommunications utility or transmission company to construct, maintain and operate on a public highway poles or fixtures is contingent on compliance with reasonable requirements established by the Department of Transportation, county courts, boards of county commissioners or the Public Utility Commission under authority of this section and ORS 758.010 (Authority to construct lines and facilities) . Such rights are likewise contingent and conditioned on all facilities, equipment and installations being constructed and maintained in strict conformance with modern and approved standards. [Amended by 1971 c.655 §102; 1987 c.447 §98; 2001 c.913 §7; 2005 c.638 §11; 2017 c.312 §6]

Source: Section 758.020 — Joint occupancy of poles , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.746 — OR Code / Title 57 / Chapter 757 / Section 757.746
757.746 Requirements for nongovernmental entities receiving funds
Status: in_force

(1) If the Public Utility Commission requires 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) to be paid to a nongovernmental entity, the entity shall:

(a) Include on the entity’s board of directors an ex officio member designated by the commission, who shall also serve on the entity’s nominating committee for filling board vacancies.

(b) Require the entity’s officers and directors to provide an annual disclosure of economic interest to be filed with the commission on or prior to April 15 of each calendar year for public review in a form similar to the statement of economic interest required for public officials under ORS 244.060 (Form of statement of economic interest) .

(c) Require the entity’s officers and directors to declare actual and potential conflicts of interest at regular meetings of the entity’s governing body when such conflicts arise, and require an officer or director to abstain from participating in any discussion or voting on any item where that officer or director has an actual conflict of interest. For the purposes of this paragraph, “actual conflict of interest” and “potential conflict of interest” have the meanings given those terms in ORS 244.020 (Definitions) .

(d) Annually, arrange for an independent auditor to audit the entity’s financial statements, and direct the auditor to file an audit opinion with the commission for public review.

(e) With public utilities, jointly develop public utility-specific budgets, action plans and agreements that detail the entity’s public utility-specific planned activities, resources and technologies pursuant to ORS 757.054 (Cost-effective energy efficiency resources and demand response resources) and 757.612 (Requirements for public purpose expenditures) (3)(b)(B), including coordinated activities that require joint investment and deployment. Each action plan must reflect stakeholder feedback gathered through a public process managed by the entity and the relevant public utility as overseen by the commission.

(f) File with the commission the entity’s budget, action plan and quarterly and annual reports for public review. The entity’s budget and action plan must include the budget and action plans jointly developed with public utilities under paragraph (e) of this subsection.

(g) At least once every five years, contract for an independent management evaluation to review the entity’s operations, efficiency and effectiveness, and direct the independent reviewer to file a report with the commission for public review.

(2) The commission may remove from the board of directors of a nongovernmental entity an officer or director who fails to provide an annual disclosure of economic interest, or who fails to declare an actual or potential conflict of interest, as described in this section, if the failure is connected to the allocation or expenditure 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 the entity. [2021 c.547 §9]

Source: Section 757.746 — Requirements for nongovernmental entities receiving funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.800 — OR Code / Title 57 / Chapter 757 / Section 757.800
757.800 Definitions for ORS 757.800 and 757.805
Status: in_force

As used in this section and ORS 757.805 (Accident prevention required for work near high voltage lines) , unless the context requires otherwise:

(1) “Authorized person” means:

(a) An employee of a utility which produces, transmits or delivers electricity.

(b) An employee of a utility which provides and whose work relates to communication services or state, county or municipal agencies which have authorized circuit construction on or near the poles or structures of a utility.

(c) An employee or agent of an industrial plant whose work relates to the electric system of the industrial plant.

(d) An employee of a cable television or communication services company or an employee of a contractor of a cable television or communication services company if specifically authorized by the owners of the poles to make cable television or communication services attachments.

(e) An employee or agent of state, county or municipal agencies which have or whose work relates to overhead electric lines or circuit construction or conductors on poles or structures of any type.

(f) An employee of a transmission company as defined in ORS 758.015 (Certificate of public convenience and necessity) .

(2) “High voltage” means voltage in excess of 600 volts measured between conductors or between a conductor and the ground.

(3) “Overhead line” means all bare or insulated electric conductors installed above ground.

(4) “Person” or “business entity” means those parties who contract to perform any function or activity upon any land, building, highway or other premises.

(5) “Utility” means any electric or communication utility described by ORS 757.005 (Definition of public utility) , 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 customers.

(6) “Proximity” means within 10 feet or such greater distance as may be prescribed by rule adopted pursuant to ORS chapter 654. [1989 c.672 §2; 2001 c.913 §5]

Source: Section 757.800 — Definitions for ORS 757.800 and 757.805 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.565 — OR Code / Title 57 / Chapter 759 / Section 759.565
759.565 Injunction against unauthorized provision of service
Status: in_force

In the event an allocated territory is served by a person that is not authorized by the Public Utility Commission to provide local exchange telecommunications service in the territory, an aggrieved person or the commission may file an action in the circuit court for any county in which is located some or all of the allocated territory allegedly involved in the unauthorized provision of service, for an injunction against the alleged unauthorized provision of service. The trial of the action shall proceed as in an action not triable by right to a jury. Any party may appeal to the Court of Appeals from the circuit court’s judgment, as in other equity cases. The remedy provided in this section shall be in addition to any other remedy provided by law. [1987 c.447 §66; 2003 c.576 §562; 2005 c.232 §30]

Source: Section 759.565 — Injunction against unauthorized provision of service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.669 — OR Code / Title 57 / Chapter 757 / Section 757.669
757.669 Policy regarding consumer-owned electric utilities
Status: in_force

The Legislative Assembly declares that it is the policy of the State of Oregon regarding consumer-owned utilities to:

(1) Preserve and enhance the ability of community-based, consumer-owned utilities to provide reliable electric power to their consumers;

(2) Recognize that communities served by consumer-owned utilities located in various parts of the State of Oregon may differ in their needs and desires concerning the provision of electricity and related products and services;

(3) Preserve and enhance the ability of consumer-owned utilities and their elected governing bodies to respond to their consumers’ needs and desires;

(4) Retain local control over consumer-owned utilities that provide or distribute electricity to retail electricity consumers;

(5) Preserve, clarify and, as provided herein, enhance the rights and authorities of consumer-owned utilities and their governing bodies; and

(6) Preserve the existing exclusive distribution rights of electric utilities as and to the extent such rights exist under current law. [1999 c.865 §22]

Source: Section 757.669 — Policy regarding consumer-owned electric utilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.679 — OR Code / Title 57 / Chapter 757 / Section 757.679
757.679 Net billing agreements
Status: in_force

(1) Nothing in ORS 757.669 (Policy regarding consumer-owned electric utilities) to 757.687 (Consumer-owned utility offering direct access) is intended to impair the rights or obligations of any party to net billing agreements. Notwithstanding any other provision of ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) , 757.676 (Consumer-owned utility authorized to offer direct, portfolio or other forms of access to electricity services) and 757.687 (Consumer-owned utility offering direct access) , and in the event a participating utility is required to make payments pursuant to a net billing agreement, the governing body of a participating utility may levy a rate, fee or charge, including a nonbypassable distribution system access charge against retail electricity consumers located within the utility’s service territory, to meet its obligations.

(2) As used in this section:

(a) “EWEB” means the City of Eugene, Oregon, acting by and through the Eugene Water and Electric Board.

(b) “Net billing agreements” means those certain agreements that provide for the payment, through net billing of costs of certain nuclear power projects, including the payment of bonds, notes or other evidences of indebtedness issued by EWEB and by the supply system, respectively, to pay such project costs entered into prior to July 23, 1999:

(A) Between the administrator of the Bonneville Power Administration and EWEB;

(B) Among a participating utility, the administrator of the Bonneville Power Administration and EWEB; or

(C) Among a participating utility, the administrator of the Bonneville Power Administration and the supply system.

(c) “Participating utility” means a consumer-owned utility established by, or organized and existing under, the Oregon Constitution and laws of the State of Oregon, and that is a party to a net billing agreement.

(d) “Supply system” means the Washington Public Power Supply System, a municipal corporation or joint power agency organized and existing under and pursuant to the laws of the State of Washington. [1999 c.865 §25]

Source: Section 757.679 — Net billing agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.420 — OR Code / Title 57 / Chapter 757 / Section 757.420
757.420 Hearings and supplemental orders relating to issuance of securities
Status: in_force

(1) To enable the Public Utility Commission to determine whether the commission will issue an order under ORS 757.415 (Purposes for which securities and notes may be issued) , the commission may hold a hearing and may make such additional inquiry or investigation, examine such witnesses, books, papers, documents and contracts and require the filing of such data as the commission deems necessary. The application for such order shall be given priority and shall be disposed of by the commission within 30 days after the filing of such application, unless that period is extended with the consent of the public utility.

(2) The commission may, upon application of the public utility, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as the commission finds necessary or appropriate, and may by any such supplemental order modify the provisions of any previous order as to the particular purposes, uses, extent to which, or the condition under which, any security theretofore authorized or its proceeds may be applied. Such supplemental orders are subject to the requirements of ORS 757.415 (Purposes for which securities and notes may be issued) . The period of time permitted under subsection (1) of this section for disposing of applications shall not apply to supplemental orders.

(3) If a commission or other agency is empowered by another state to regulate and control the amount and character of securities to be issued by any public utility within such other state, the commission of Oregon has power to agree with such commission or agency of such other state on the issue of stocks, bonds, notes, other evidences of indebtedness or securities by a public utility owning or operating a public utility both in such state and in this state, and has power to approve such issue jointly with such commission or agency and to issue a joint certificate of such approval. However, no such joint approval is required in order to express the consent to and approval of such issue by the State of Oregon if the issue is separately approved by the Oregon commission.

Source: Section 757.420 — Hearings and supplemental orders relating to issuance of securities; joint approval of issuance by interstate utility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.070 — OR Code / Title 57 / Chapter 759 / Section 759.070
759.070 Charge to access public body radio tower
Status: in_force

(1) As used in this section:

(a) “Market rate” means a price, lease rate or other form of compensation for goods or services provided by a public body, when participating in a proprietary transaction, that is comparable to the average price, lease rate or other form of compensation in the same market for the same goods or services provided by a private-sector provider.

(b) “Private business” does not include a nonprofit emergency services organization.

(c) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined) .

(d) “Radio tower” means a lattice tower that is generally 60 to 200 feet tall with three or four steel support legs, or a monopole that is generally 25 to 125 feet tall, to which multiple antennae may be attached to accommodate a variety of communication services, including radio communications service, radio paging and cellular communications service.

(2) A public body shall charge a private business a market rate for access to a radio tower if the private business uses the radio tower to deliver any of the following communication services for hire:

(a) Radio communications service;

(b) Radio paging; or

(c) Cellular communications service.

(3) Subsection (2) of this section does not prohibit a public body, when participating in a proprietary transaction, from charging or receiving compensation in the form of an exchange of goods or services or in any other nonmonetary form. [2013 c.440 §1]

Note: 759.070 (Charge to access public body radio tower) was enacted into law by the Legislative Assembly but was 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 759.070 — Charge to access public body radio tower; market rate; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.385 — OR Code / Title 57 / Chapter 759 / Section 759.385
759.385 Contracts regarding use of utility property
Status: in_force

(1) 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 a contract with another corporation with relation to the construction, operation, maintenance or use of the property of the telecommunications utility in Oregon, or the use of the property of the other contracting party, or any part of the property, or for service, advice, engineering, financing, rentals, leasing or for any construction or management charges with respect to any of the property, or for the purchase of property, materials or supplies, the proposed contract shall be filed with the Public Utility Commission for investigation and approval when the telecommunications utility owns a majority of or controls directly or indirectly the voting stock of the other contracting corporations.

(2) Any proposed contract described in subsection (1) of this section 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. The commission shall promptly investigate and act upon the contract in accordance with ORS 759.390 (Contracts with affiliated interests) (4) and (7).

(3) In making an investigation of the contract, the commission and accountants, examiners and agents, appointed by the commission for the purpose, shall be given free access to all books, books of account, documents, data and records of the telecommunications utility, as well as of the corporation with which it is proposing to contract, that the commission may deem material to the investigation. The failure or refusal of either of the parties to the proposed contract to comply with this subsection is prima facie evidence that the contract is unfair, unreasonable and contrary to public interest, and is sufficient to justify a determination and finding of the commission to that effect. A determination and finding by the commission under this subsection has the same force and effect as any other determination or order of the commission.

(4) 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 §43; 1989 c.956 §4; 1991 c.899 §1; 1999 c.809 §1; 2005 c.232 §21; 2009 c.11 §97]

Source: Section 759.385 — Contracts regarding use of utility property; filing with commission; investigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.405 — OR Code / Title 57 / Chapter 757 / Section 757.405
757.405 Power to regulate issuance of utility securities
Status: in_force

The power of public utilities to issue stocks and bonds, notes and other evidences of indebtedness and to create liens on their property situated within this state is a special privilege, the right of supervision, regulation, restriction and control of which is and shall continue to be vested in the state. Such power shall be exercised as provided by law and under such rules and regulations as the Public Utility Commission may prescribe.

Source: Section 757.405 — Power to regulate issuance of utility securities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.580 — OR Code / Title 57 / Chapter 759 / Section 759.580
759.580 Power of commission to require service to unserved territory
Status: in_force

The Public Utility Commission has power to require any telecommunications utility, after a public hearing of all parties interested, to extend its line, plant or system into, and to render service to, a locality not already served when the existing public convenience and necessity requires such extension and service. However, no such extension of service shall be required until the telecommunications utility has been granted such reasonable franchises as may be necessary for the extension of service and unless the conditions are such as to reasonably justify the necessary investment by the telecommunications utility in extending its line, plant or system into such locality and furnishing such service. [1987 c.447 §4]

Source: Section 759.580 — Power of commission to require service to unserved territory , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.506 — OR Code / Title 57 / Chapter 759 / Section 759.506
759.506 Purpose of allocated territory laws
Status: in_force

(1) The purpose of establishing allocated territories under ORS 759.500 (Definitions for ORS 759.500 to 759.570) to 759.570 (Application of law to local government) is to ensure that telecommunications utilities, cooperative corporations and municipalities certified by the Public Utility Commission to provide local exchange telecommunications service:

(a) Provide adequate and safe service to the customers of this state; and

(b) Serve all customers in an adequate and nondiscriminatory manner.

(2) The obligations described in this section may be referenced as carrier of last resort obligations.

(3) The commission, upon petition from a telecommunications utility, cooperative corporation or municipality, may exempt the telecommunications utility, cooperative corporation or municipality from the obligations described in this section if the commission finds, for a property with four or more single-family dwellings, that the owner or developer of the property, or a person acting on behalf of the owner or developer:

(a) Permits an alternative service provider to install its facilities or equipment used to provide local telecommunications service based on a condition of exclusion of the telecommunications utility, cooperative corporation or municipality during the construction phase of the real property;

(b) Accepts or agrees to accept incentives or rewards from an alternative service provider that are contingent upon the provision of any or all local telecommunications services by one or more alternative service providers to the exclusion of the telecommunications utility, cooperative corporation or municipality; or

(c) Collects from the occupants or residents of the property mandatory charges for the provision of any local telecommunications service provided to the occupants or residents by an alternative service provider in any manner, including, but not limited to, collection through rent, fees or dues.

(4) If the commission, upon petition from any interested person located within the property for which the commission has waived the carrier of last resort obligations under subsection (3) of this section, finds that the existing public convenience and necessity requires reinstatement of the carrier of last resort obligations, then the commission has the power to assign the obligations to a telecommunications utility, cooperative corporation or municipality after a public hearing. The commission shall determine how the costs of serving the customers are allocated so that the telecommunications utility, cooperative corporation or municipality will be allowed an opportunity to recover reasonable and prudent costs that exceed the costs that would have been incurred to initially construct or acquire facilities to serve customers of the territory. The determination of cost allocation by the commission must also divide the costs allowed equitably among all customers of the territory to which service is being reinstated. [2005 c.232 §26; 2009 c.124 §1]

Source: Section 759.506 — Purpose of allocated territory laws; carrier of last resort obligations; exemptions from obligations; reinstatement of obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.697 — OR Code / Title 57 / Chapter 759 / Section 759.697
759.697 Program coordinator
Status: in_force

(1) The Public Utility Commission shall employ a coordinator for the Telecommunication Devices Access Program, who shall be primarily responsible for:

(a) The distribution and maintenance of assistive telecommunication devices and adaptive equipment;

(b) The provision of telecommunications relay services and monitoring of those service providers;

(c) The provision of communication facilitator services; and

(d) Community outreach to locate potential beneficiaries of the Telecommunication Devices Access Program.

(2) The commission may contract with any governmental agency, or other entity the commission considers to be qualified, to assist the commission in the provision of communication facilitator services or the administration of ORS 759.693 (Definitions) to 759.698 (Eligibility) . [1987 c.290 §13; 1991 c.872 §6; 1999 c.384 §4; 2019 c.113 §4]

Source: Section 759.697 — Program coordinator; program administration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 772.060 — OR Code / Title 57 / Chapter 772 / Section 772.060
772.060 Condemnation rights for change of grade or location of railway, canal or pipes
Status: in_force

Any corporation may change the grade or location of its railway, canal or pipes for the purpose of avoiding annoyances to public travel or dangerous or deficient curves or grades, or unsafe or unsubstantial grounds or foundation, or for other like reasonable causes. For the accomplishment of such change it has the same right to enter upon, examine, survey and appropriate the necessary lands and materials as in the original location and construction of such railway, canal or water pipes. [Amended by 1971 c.655 §237]

Source: Section 772.060 — Condemnation rights for change of grade or location of railway, canal or pipes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 756.047 — OR Code / Title 57 / Chapter 756 / Section 756.047
756.047 Authority of commission to require fingerprints
Status: in_force

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check) , the Public Utility Commission may require the fingerprints of a person who:

(1) Intentionally left blank —Ed.

(a) Is employed or applying for employment by the commission; or

(b) Provides services or seeks to provide services to the commission as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has access to chemicals or hazardous materials, to facilities in which chemicals and hazardous materials are present or to information regarding the transportation of chemical or hazardous materials;

(b) In which the person inspects gas or electrical lines or facilities;

(c) In which the person has access to critical infrastructure or security-sensitive facilities or information; or

(d) That has fiscal, payroll or purchasing responsibilities as one of the position’s primary responsibilities. [2005 c.730 §69]

Note: 756.047 (Authority of commission to require fingerprints) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 756 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 756.047 — Authority of commission to require fingerprints , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 756.026 — OR Code / Title 57 / Chapter 756 / Section 756.026
756.026 Prohibited interests of commissioner and family
Status: in_force

(1) No member of the Public Utility Commission shall:

(a) Hold any other office of profit;

(b) Hold any office or position under any political committee or party;

(c) Hold any pecuniary interest in any business entity conducting operations which if conducted in this state would be subject to the commission’s regulatory jurisdiction; or

(d) Hold any pecuniary interest in, have any contract of employment with, or have any substantial voluntary transactions with any business or activity subject to the commission’s regulatory jurisdiction.

(2) The prohibitions of subsection (1)(c) and (d) of this section apply to the spouse and minor children of each commissioner.

(3) If the Governor determines that any commissioner has done any act prohibited by subsection (1) of this section, or that a commissioner’s spouse or a minor child has done any act prohibited by subsection (2) of this section, the Governor shall remove the commissioner in the manner provided in ORS 756.014 (Public Utility Commission) (4).

(4) Subsection (3) of this section does not apply to a commissioner if the commissioner or the commissioner’s spouse or a minor child acquires any pecuniary interest prohibited by subsection (1) or (2) of this section, advises the Governor of such acquisition, and causes divestiture of such interest within the time specified by the Governor.

(5) For purposes of subsection (1) of this section, a business or activity shall not be considered subject to the commission’s regulatory jurisdiction solely because the business or activity is a private carrier as defined by ORS 825.005 (Definitions) . [1971 c.655 §4; 1985 c.834 §8; 1987 c.123 §1; 1995 c.306 §41]

Source: Section 756.026 — Prohibited interests of commissioner and family , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.355 — OR Code / Title 57 / Chapter 757 / Section 757.355
757.355 Costs of property not presently providing utility service excluded from rate base
Status: in_force

(1) Except as provided in subsection (2) of this section, a public utility may not, directly or indirectly, by any device, charge, demand, collect or receive from any customer rates that include the costs of construction, building, installation or real or personal property not presently used for providing utility service to the customer.

(2) The Public Utility Commission may allow rates for a water utility that include the costs of a specific capital improvement if the water utility is required to use the additional revenues solely for the purpose of completing the capital improvement. [1979 c.3 §2; 2003 c.202 §2]

Source: Section 757.355 — Costs of property not presently providing utility service excluded from rate base; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.068 — OR Code / Title 57 / Chapter 756 / Section 756.068
756.068 Service of notice or other legal process
Status: in_force

The service or delivery of any notice, order, form or other document or legal process required to be made by the Public Utility Commission may be made by mail. If by mail, service or delivery is made when the required material is deposited in the post office, in a sealed envelope with postage paid, addressed to the person on whom it is to be served or delivered, at the address as it last appears in the records of the commission. [1971 c.655 §16]

Source: Section 756.068 — Service of notice or other legal process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).