ORS § 757.649 — OR Code / Title 57 / Chapter 757 / Section 757.649
757.649 Certification of electricity service suppliers
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person or other entity shall not act as an electricity service supplier unless the person or entity is certified by the Public Utility Commission. The commission, by rule, shall establish standards for certification of persons or other entities as electricity service suppliers in this state. The rules shall, at a minimum, address:

(A) The ability of the person or entity to meet the person’s or entity’s obligation to provide electricity services pursuant to direct access; and

(B) The ability of the person or entity to comply with applicable consumer protection laws.

(b) The commission may require an electricity service supplier to provide a bond or other security.

(c) The commission may establish a fee, not to exceed $500, for initial certification and annual recertification of electricity service suppliers.

(d) The commission, at any time, may revoke an electricity service supplier’s certification for failure to comply with applicable statutes and rules.

(e) The commission may require an electricity service supplier to provide information necessary to ensure compliance with ORS 757.612 (Requirements for public purpose expenditures) . The commission shall ensure the privacy of all information and the protection of any proprietary information provided.

(f) The commission shall require an electricity service supplier to publicly disclose a summary of the aggregated energy supply mix and associated emissions of the power sources that serve the direct access retail electricity consumers of the electricity service supplier, or such other aggregated information comparable to information provided by electric companies to retail electricity consumers as the commission may require.

(2) Every electric utility shall maintain the integrity of its transmission facilities and distribution system and provide safe, reliable service to all retail electricity consumers. Nothing in ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) or 757.669 (Policy regarding consumer-owned electric utilities) to 757.687 (Consumer-owned utility offering direct access) shall reduce or diminish the statutory or contractual obligations of electric utilities to maintain the safety and reliability of their transmission facilities and distribution system and other infrastructure and equipment used to deliver electricity.

(3) The commission for electric companies, or the governing body for other electric utilities, shall adopt rules, ordinances, policies and service quality standards designed to maintain a reliable, safe and efficient distribution system. The commission shall regulate electrical safety regarding generation, transmission, substation and distribution facilities for electric utilities and other electrical system owners and operators as provided under ORS 757.035 (Adoption of safety rules and regulations) .

(4) Every bill to a direct access retail electricity consumer from an electricity service supplier shall contain at least:

(a) The rate and amount due for each service or product that the retail electricity consumer is purchasing and other price information necessary to facilitate direct access, as determined by the commission;

(b) The rates and amounts of state and local taxes or fees, if any, imposed on the retail electricity consumer;

(c) The amount of any public purpose charge or credit;

(d) The amount of any transition charge or transition credit; and

(e) Power source and environmental impact information necessary to ensure that all consumers have useful, reliable and necessary information to exercise informed choice, as determined by the commission.

(5) Intentionally left blank —Ed.

(a) A retail electricity consumer of an electric company shall receive, upon request, a separate bill from every individual electricity service supplier that provides products or services to the retail electricity consumer. If a retail electricity consumer of an electric company does not request separate bills, or a consolidated bill from an electricity service supplier as provided in paragraph (c) of this subsection, the electric company shall consolidate the bills for all electricity services into a single statement, and electricity service suppliers shall provide to the electric company the information necessary to prepare a consolidated statement.

(b) The requirement for bill consolidation by an electric company shall continue through December 31, 2001, after which time the commission may waive the requirement if the waiver results in effective billing procedures for retail electricity consumers.

(c) Upon the request of a retail electricity consumer of an electric company, an electricity service supplier shall consolidate the bills for all electricity services into a single statement, and electric utilities and other electricity service suppliers shall provide to the billing electricity service supplier any information necessary to prepare a consolidated statement.

(d) For retail electricity consumers of an electric company, the commission shall adopt by rule provisions relating to the failure of a consumer to make full payment on a consolidated bill. The rules shall address collection of payments, service disconnection and reconnection, and the allocation of costs associated with collection, disconnection and reconnection. A distribution utility shall be solely responsible for actual disconnection and reconnection. [1999 c.865 §14; 2021 c.508 §25]

Source: Section 757.649 — Certification of electricity service suppliers; safety standards for distribution systems; billing requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.037 — OR Code / Title 57 / Chapter 756 / Section 756.037
756.037 Commission authority to provide assistance, information, resources and advice to Legislative Assembly
Status: in_force

The Public Utility Commission and commission staff may provide such assistance to the Legislative Assembly and its committees as required by the Legislative Assembly for the performance of its duties, and may furnish to the Legislative Assembly and its committees such information, resources and advice as the members of the Legislative Assembly consider necessary for the performance of legislative duties. [2001 c.558 §2]

Source: Section 756.037 — Commission authority to provide assistance, information, resources and advice to Legislative Assembly , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 758.125 — OR Code / Title 57 / Chapter 758 / Section 758.125
758.125 Duties and rights not altered by ORS 758.120
Status: in_force

(1) ORS 758.120 (Electric easement in provision of broadband services) does not alter the rights of an electric cooperative or commercial broadband service provider to acquire the rights to use real property for broadband services through any other means authorized by law.

(2) ORS 758.120 (Electric easement in provision of broadband services) does not authorize an expanded use that is expressly prohibited by the terms of a written electric easement.

(3) Exercise of the authority granted in ORS 758.120 (Electric easement in provision of broadband services) does not:

(a) Change the legal relationship between the electric cooperative as the easement holder and the property owner;

(b) Create an easement right for any third party, including but not limited to a commercial broadband service provider or a broadband division or affiliate of the electric cooperative; or

(c) Expand the footprint of the existing easement.

(4) An expanded use of an electric easement authorized under ORS 758.120 (Electric easement in provision of broadband services) may not alter or interfere with any easement rights held by parties other than the electric cooperative that existed, within or outside the area of the electric easement, prior to the expanded use.

(5) Intentionally left blank —Ed.

(a) Nothing in ORS 758.120 (Electric easement in provision of broadband services) requires an electric cooperative that does not have a broadband division or affiliate to offer or authorize the access or use of an electric easement or to use attachments or electric service infrastructure owned or controlled by the electric cooperative for provision of broadband services in a manner that would, in the electric cooperative’s reasonable discretion, materially interfere with the electric cooperative’s construction, maintenance or use of any electric cooperative attachments or infrastructure for the provision of electric service.

(b) Subject to subsection (2) of this section, if an electric cooperative has a broadband division or affiliate, the electric cooperative may withhold authorization for a commercial broadband service provider to access or use an electric easement or to use attachments or electric service infrastructure owned or controlled by the electric cooperative for provision of broadband services only if:

(A) There is insufficient capacity for attachments necessary for the provision of broadband service; or

(B) Concerns of safety or reliability or generally applicable engineering purposes weigh against granting the authorization.

(6) Nothing in this section or ORS 758.120 (Electric easement in provision of broadband services) imposes any duty or liability on a property owner in addition to any liability provided for in an electric easement for unintentional damage by the property owner to facilities necessary for the provision of broadband that are installed in an electric easement pursuant to an expanded use authorized under ORS 758.120 (Electric easement in provision of broadband services) . An electric cooperative that exercises the authority granted under ORS 758.120 (Electric easement in provision of broadband services) shall indemnify and hold harmless the property owner against damage to existing easement holders resulting from activities related to the installation or maintenance of facilities described in this subsection. [2021 c.149 §2]

Note: See note under 758.120 (Electric easement in provision of broadband services) .

Source: Section 758.125 — Duties and rights not altered by ORS 758.120 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.538 — OR Code / Title 57 / Chapter 757 / Section 757.538
757.538 Rules
Status: in_force

The Public Utility Commission and the State Department of Energy shall adopt rules as necessary to implement ORS 757.522 (Definitions for ORS 757.522 to 757.536) to 757.536 (Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard) . [2009 c.751 §8]

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

Source: Section 757.538 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.672 — OR Code / Title 57 / Chapter 757 / Section 757.672
757.672 Application of ORS 757.603 to 757.667 to consumer-owned electric utility
Status: in_force

(1) Nothing in ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers) to 757.667 (City authority over rights of way) is intended to limit or restrict the rights and authority of a consumer-owned utility, or to subject a consumer-owned utility to the regulatory authority of the Public Utility Commission not otherwise provided by law. ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers) to 757.667 (City authority over rights of way) shall not apply to a consumer-owned utility.

(2) Notwithstanding subsection (1) of this section, a consumer-owned utility that sells electricity, either directly or through a related party, to a nonresidential electricity consumer of another electric utility in this state, shall permit any other electricity service supplier to sell electricity to the consumer-owned utility’s nonresidential electricity consumers whose electricity use, measured in average megawatts per year, is equal to or greater than the use of the nonresidential electricity consumer of the other electric utility. Such consumer-owned utility shall be subject to ORS 757.649 (Certification of electricity service suppliers) (1) to (4) and rules adopted thereunder. [1999 c.865 §23]

Source: Section 757.672 — Application of ORS 757.603 to 757.667 to consumer-owned electric utility; reciprocal electricity sales , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.528 — OR Code / Title 57 / Chapter 756 / Section 756.528
756.528 Segregation of issues
Status: in_force

At any time before the conclusion of the taking of evidence in a proceeding, the Public Utility Commission may segregate the issues involved and order separate hearings thereon at such times and places as the commission may prescribe. [1971 c.655 §43; 2005 c.638 §4]

Source: Section 756.528 — Segregation of issues , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 756.310 — OR Code / Title 57 / Chapter 756 / Section 756.310
756.310 Annual fees payable by utilities and telecommunications providers
Status: in_force

(1) Subject to the provisions of subsections (3) and (4) of this section, each public utility and telecommunications provider shall pay a fee to the Public Utility Commission in each calendar year. The amount of the fee shall equal the amount that the commission finds and determines to be necessary, together with the amount of all other fees paid or payable to the commission by such public utilities and telecommunications providers in the current calendar year, to defray the costs of performing the duties imposed by law upon the commission with respect to the public utilities and telecommunications providers.

(2) In each calendar year the percentage rate of the fee required to be paid by public utilities shall be determined by orders entered by the commission on or after March 1 of each year. Notice of the orders shall be given to each utility. The utility shall pay to the commission the fee or portion thereof so computed upon the date specified in the notice. The date of payment shall be at least 15 days after the date of mailing of the notice.

(3) The fee payable under subsection (1) of this section by each public utility may not be less than $10, or more than forty-five hundredths of one percent of the utility’s gross operating revenues derived within this state in the preceding calendar year. For the purpose of this subsection, the gross operating revenues of an electric company do not include revenues from sales of power for resale to the extent that the revenues from those sales exceed an amount equal to 25 percent of the total revenues received by the electric company from sales of electricity to end users in the preceding calendar year.

(4) Intentionally left blank —Ed.

(a) For a telecommunications provider, the fee payable under subsection (1) of this section shall be a percentage amount not to exceed thirty-five hundredths of one percent of the provider’s gross retail intrastate revenue for each calendar year, but may not be less than $100. The percentage amount shall be determined by order of the commission not less than 60 days prior to the calendar year upon which the fee is based. The fee shall be payable to the commission not later than April 1 of the year following that calendar year.

(b) A telecommunications provider shall collect the fee payable under subsection (1) of this section by charging an apportioned amount to each of the provider’s retail customers. The amount of the charge shall be described on the retail customer’s bill in a manner determined by the provider.

(c) In the event a telecommunications utility has an approved rate that includes the fee required under subsection (1) of this section and separately charges retail customers for the fee described in this section, at the time the utility begins collecting the charge the utility shall file with the commission a rate schedule reducing rates in an amount projected to equal the amount separately charged to customers.

(5) The commission may use any of its investigatory and enforcement powers provided under this chapter for the purpose of administering and enforcing the provisions of this section.

(6) As used in this section:

(a) “Electric company” means any entity that is a public utility under ORS 757.005 (Definition of public utility) that is engaged in the business of distributing electricity to retail electric customers in Oregon.

(b) “Retail customer” does not include a purchaser of intrastate telecommunications services who is a telecommunications provider, telecommunications cooperative, interexchange carrier or radio common carrier.

(c) “Telecommunications provider” means any entity that is a telecommunications utility or a competitive telecommunications provider as defined in ORS 759.005 (Definitions) . [Amended by 1953 c.10 §2; 1957 c.464 §1; 1959 c.355 §1; 1961 c.109 §1; 1963 c.89 §1; 1971 c.132 §1; 1973 c.170 §1; 1975 c.127 §1; 1985 c.293 §1; 1987 c.439 §1; 1987 c.447 §88; 1991 c.841 §2; 1995 c.733 §65; 1997 c.826 §8; 1999 c.339 §1; 2007 c.245 §1; 2015 c.289 §1; 2019 c.173 §1]

Source: Section 756.310 — Annual fees payable by utilities and telecommunications providers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.993 — OR Code / Title 57 / Chapter 757 / Section 757.993
757.993 Penalty for violation of utility excavation notification provisions
Status: in_force

(1) Except as provided in subsection (2) of this section and in addition to all other penalties provided by law, every person who violates or who procures, aids or abets in the violation of any rule of the Oregon Utility Notification Center shall incur a penalty of not more than $1,000 for the first violation and not more than $5,000 for each subsequent violation.

(2) In addition to all other penalties provided by law, every person who intentionally violates or who intentionally procures, aids or abets in the violation of any rule of the Oregon Utility Notification Center shall incur a penalty of not more than $5,000 for the first violation and not more than $10,000 for each subsequent violation.

(3) Each violation of any rule of the Oregon Utility Notification Center shall be a separate offense. In the case of a continuing violation, each day that the violation continues shall constitute a separate violation.

(4) Penalties under this section shall not be imposed except by order following complaint as provided in ORS 756.500 (Complaint) to 756.610 (Judicial review) . A complaint must be filed within two years following the date of the violation.

(5) The Public Utility Commission may reduce any penalty provided in this section on such terms as the commission considers proper if:

(a) The defendant admits to the violation or violations alleged in the complaint and makes a timely request for reduction of the penalty; or

(b) The defendant submits to the commission a written request for reduction of the penalty within 15 days from the date of the penalty order.

(6) If the amount of the penalty is not paid to the commission, the Attorney General, at the request of the commission, shall bring an action in the name of the State of Oregon in the Circuit Court for Marion County to recover the penalty. The action shall not be commenced until after the time has expired for an appeal from the findings, conclusions and order of the commission.

(7) Notwithstanding any other provision of law, the commission shall pay penalties recovered under this section to the Oregon Utility Notification Center.

(8) The commission shall not seek penalties under this section except in response to a complaint alleging a violation of a rule or rules adopted by the Oregon Utility Notification Center. The commission may investigate any such complaint, and the commission shall have sole discretion to seek penalties under this section. [1995 c.691 §7]

Source: Section 757.993 — Penalty for violation of utility excavation notification provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.063 — OR Code / Title 57 / Chapter 757 / Section 757.063
757.063 Regulation of associations furnishing water upon petition
Status: in_force

(1) Any association of individuals that furnishes water to members of the association is subject to regulation in the same manner as provided by this chapter for public utilities, and must pay the fee provided for in ORS 756.310 (Annual fees payable by utilities and telecommunications providers) , if 20 percent or more of the members of the association file a petition with the Public Utility Commission requesting that the association be subject to such regulation.

(2) The provisions of this section apply to an association of individuals even if the association does not furnish water directly to or for the public. The provisions of this section do not apply to any cooperative formed under ORS chapter 62 or to any public body as defined by ORS 174.109 (“Public body” defined) . [2003 c.82 §3]

Source: Section 757.063 — Regulation of associations furnishing water upon petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.120 — OR Code / Title 57 / Chapter 759 / Section 759.120
759.120 Form and manner of accounts prescribed by commission
Status: in_force

(1) Every telecommunications utility shall keep and render to the Public Utility Commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. All forms of accounts which may be prescribed by the commission shall conform as nearly as practicable to similar forms prescribed by federal authority.

(2) Every telecommunications utility engaged directly or indirectly in any other business than that of a telecommunications utility shall, if required by the commission, keep and render separately to the commission, in like manner and form, the accounts of all such other business, in which case all the provisions of this chapter shall apply with like force and effect to the accounts and records of such other business. [1987 c.447 §8]

Source: Section 759.120 — Form and manner of accounts prescribed by commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.765 — OR Code / Title 57 / Chapter 757 / Section 757.765
757.765 Public utility provision of shielded outdoor lighting fixtures to customers
Status: in_force

(1) As used in this section:

(a) “Outdoor lighting fixture” means an automatically controlled searchlight, spotlight, floodlight or other device used for architectural lighting, lighting streets or parking lots, landscape lighting, billboards or other artificial illumination or advertising purposes.

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

(c) “Shielded” means that a light fixture is designed to ensure that direct or indirect light rays emitted from the fixture are projected below a horizontal plane running through the lowest light-emitting point of the fixture.

(2) A public utility supplying electricity that provides a customer with outdoor lighting fixtures shall make the option of using shielded outdoor lighting fixtures available to the customer. The utility shall notify a customer to whom the utility provides outdoor lighting fixtures that a shielded outdoor lighting fixture option is available through the utility. The utility shall file an application with the Public Utility Commission to establish rates and charges for providing the shielded outdoor lighting fixture option.

(3) Subsection (2) of this section does not require a utility to reimburse a customer for the cost of a shielded outdoor lighting fixture installed before the date the utility sends a notice to the customer under this section, or to provide an option for a customer to acquire:

(a) Incandescent outdoor lighting fixtures of not more than 150 watts;

(b) Light sources of not more than 70 watts that are not incandescent lighting fixtures;

(c) Outdoor lighting fixtures on advertising signs on interstate or federal primary highways;

(d) Navigational lighting systems at airports or other lighting necessary for aircraft safety; or

(e) Outdoor lighting fixtures necessary for worker safety at farms, ranches, dairies or feedlots or at industrial, mining, oil or gas facilities. [2009 c.588 §1]

Note: 757.765 (Public utility provision of shielded outdoor lighting fixtures to customers) and 757.770 (Deadline for public utility filing of outdoor lighting fixture rate and charge application) 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 757.765 — Public utility provision of shielded outdoor lighting fixtures to customers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.140 — OR Code / Title 57 / Chapter 757 / Section 757.140
757.140 Depreciation accounts
Status: in_force

(1) Every public utility shall carry a proper and adequate depreciation account. The Public Utility Commission shall ascertain and determine the proper and adequate rates of depreciation of the several classes of property of each public 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 public 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. [Amended by 1971 c.655 §87; 1989 c.956 §2]

RATE SCHEDULES; MEASURING EQUIPMENT

Source: Section 757.140 — Depreciation accounts; use of certain undepreciated investment in rates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.300 — OR Code / Title 57 / Chapter 759 / Section 759.300
759.300 “Stocks” defined
Status: in_force

As used in ORS 759.300 (“Stocks” defined) to 759.360 (Prohibited acts regarding issuance of securities) , “stocks” means stocks, stock certificates or other evidence of interest or ownership. [1987 c.447 §28]

Source: Section 759.300 — “Stocks” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.185 — OR Code / Title 57 / Chapter 759 / Section 759.185
759.185 Suspension of rates pending hearing
Status: in_force

(1) The Public Utility Commission may, pending such investigation and determination, order the suspension of the rate or schedule of rates, provided the initial period of suspension shall not extend more than six months beyond the time when such rate or schedule would otherwise go into effect. If the commission finds that the investigation will not be completed at the expiration of the initial suspension, the commission may enter an order further suspending such rate or schedule for not more than three months beyond the last day of the initial suspension.

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

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

(4) If the commission is required to or determines to conduct a hearing on a rate or schedule of rates filed pursuant to ORS 759.180 (Hearing on reasonableness of rates) , but does not order a suspension thereof, any increased revenue collected by the telecommunications utility as a result of such rate or rate schedule becoming effective shall be received subject to being refunded. If the rate or rate schedule thereafter approved by the commission is for a lesser increase or for no increase, the telecommunications utility shall refund the amount of revenues received that exceeds the amount approved as nearly as possible to the customers from whom such excess revenues were collected, by a credit against future bills or otherwise, in such manner as the commission orders.

(5) The commission may, in a suspension order, authorize an interim rate or rate schedule under which the telecommunications utility’s revenues will be increased by an amount deemed reasonable by the commission, not exceeding the amount requested by the telecommunications utility. An interim rate or rate schedule shall remain in effect until terminated by the commission. [1987 c.447 §14]

Source: Section 759.185 — Suspension of rates pending hearing; time limitation; refund of revenue collected; interim rates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.760 — OR Code / Title 57 / Chapter 757 / Section 757.760
757.760 Requirements for notice of termination of service
Status: in_force

The Public Utility Commission shall establish rules to require each electric and natural gas utility to:

(1) Give written or personal notice of a proposed termination of residential service in a manner reasonably calculated to reach the residential consumer within a reasonable period of time before the proposed date of termination;

(2) Accept reasonable partial payment on the outstanding account and to establish a reasonable payment schedule for any indebtedness, including a deposit, that the utility claims the residential consumer owes for service at any residential address in lieu of termination of or refusal to provide service, and to inform the residential consumer of the provisions of this subsection;

(3) Inform those residential consumers who cannot afford to pay their bills or deposits of the names and telephone numbers of the appropriate unit within the Department of Human Services or other appropriate social service agencies that can help the consumer investigate what federal, state or private aid might be available to that consumer; and

(4) Provide that a transfer of service from one premises to another within the utility’s service area shall not be considered a discontinuation of service. [1979 c.868 §4; 1983 c.326 §3]

Source: Section 757.760 — Requirements for notice of termination of service; payment schedules; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.470 — OR Code / Title 57 / Chapter 758 / Section 758.470
758.470 Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475
Status: in_force

(1) ORS 758.015 (Certificate of public convenience and necessity) and 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) shall not be construed or applied to restrict the powers granted to cities to issue franchises, or to restrict the exercise of the power of condemnation by a municipality; and when a municipality has condemned or otherwise acquired another person’s equipment, plant or facilities for rendering utility service, it shall acquire all of the rights of the person whose property is condemned to serve the territory served by the acquired properties.

(2) ORS 758.015 (Certificate of public convenience and necessity) and 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) shall not be construed to restrict the right of a municipality to provide utility service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location.

(3) ORS 758.015 (Certificate of public convenience and necessity) and 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) shall not be construed to confer upon the Public Utility Commission any regulatory authority over rates, service or financing of cooperatives or municipalities. [Formerly 757.680]

Source: Section 758.470 — Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 756.990 — OR Code / Title 57 / Chapter 756 / Section 756.990
756.990 Penalties
Status: in_force

(1) Any public utility or telecommunications utility that fails to comply with an order or subpoena issued pursuant to ORS 756.090 (Maintaining and producing records) shall forfeit, for each day it so fails, a sum of not less than $50 nor more than $500.

(2) Except where a penalty is otherwise provided by law, any public utility, telecommunications utility or other person subject to the jurisdiction of the Public Utility Commission shall forfeit a sum of not less than $100 nor more than $10,000 for each time that the person:

(a) Violates any statute administered by the commission;

(b) Does any act prohibited, or fails to perform any duty enjoined upon the person;

(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.

(3) Violation of ORS 756.115 (Failure to furnish requested information) is a Class A violation.

(4) Violation of ORS 756.125 (Interference with commission equipment) is a Class C misdemeanor.

(5) Violation of ORS 756.543 (Issuance of subpoenas) (1) is a Class A misdemeanor.

(6) In construing and enforcing this section, the act, omission or failure of any officer, agent or other person acting for or employed by any public utility, telecommunications utility or other person subject to the jurisdiction of the commission acting within the scope of the person’s employment shall in every case be deemed to be the act, omission or failure of such public utility, telecommunications utility or other person subject to the jurisdiction of the commission. With respect to any violation of any statute administered by the commission, any penalty provision applying to such a violation by a public utility or telecommunications utility shall apply to such a violation by any other person.

(7) Except when provided by law that a penalty, forfeiture or other sum be paid to the aggrieved party, or as provided in ORS 757.994 (Civil penalty for violation of statute, rule or order related to water utilities) (1), all penalties or forfeitures or other sums collected or paid under the provisions of any law administered by the commission shall be paid into the General Fund and credited to the Public Utility Commission Account. [1971 c.655 §63; 1973 c.232 §4; 1973 c.776 §33; 1977 c.105 §1; 1979 c.415 §1; 1987 c.447 §95; 1995 c.733 §73; 1999 c.1051 §223; 2003 c.202 §9; 2003 c.576 §560; 2011 c.597 §299]

Source: Section 756.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 759.075 — OR Code / Title 57 / Chapter 759 / Section 759.075
759.075 Authority to construct lines and facilities
Status: in_force

(1) Any telecommunications utility may:

(a) Enter upon lands within this state for the purpose of examining, locating and surveying the line thereof and also other lands necessary and convenient for the purpose of construction of service facilities, doing no unnecessary damage thereby.

(b) Condemn such lands not exceeding 100 feet in width for its lines (including poles, towers, wires, supports and necessary equipment therefor) and in addition thereto, other lands necessary and convenient for the purpose of construction of service facilities.

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

(3) The proceedings for the condemnation of such lands shall be the same as that provided in ORS chapter 35, provided that any award shall include, but shall not be limited to, damages for destruction of forest growth, premature cutting of timber and diminution in value to remaining timber caused by increased harvesting costs. [1987 c.447 §69]

Source: Section 759.075 — Authority to construct lines and facilities; condemnation power; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.060 — OR Code / Title 57 / Chapter 756 / Section 756.060
756.060 Authority to adopt rules and regulations
Status: in_force

The Public Utility Commission may adopt and amend reasonable and proper rules and regulations relative to all statutes administered by the commission and may adopt and publish reasonable and proper rules to govern proceedings and to regulate the mode and manner of all investigations and hearings of public utilities and telecommunications utilities and other parties before the commission. [Amended by 1971 c.655 §13; 1973 c.776 §16; 1987 c.447 §77; 1995 c.733 §54]

Source: Section 756.060 — Authority to adopt rules and regulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.968 — OR Code / Title 57 / Chapter 757 / Section 757.968
757.968 Electric utility easement over private land
Status: in_force

(1) As used in this section, “electric utility” has the meaning given that term in ORS 757.600 (Definitions for ORS 757.600 to 757.687) .

(2) ORS 757.963 (Public utility required to develop wildfire protection plan) and 757.966 (Consumer-owned utility required to develop wildfire mitigation plan) do not affect the terms or conditions of an easement held by an electric utility over private land as of July 19, 2021. [2021 c.592 §6a]

Note: 757.968 (Electric utility easement over private land) and 757.969 (Municipally owned utility exempt from requirements) 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 757.968 — Electric utility easement over private land , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.435 — OR Code / Title 57 / Chapter 757 / Section 757.435
757.435 Disposal of proceeds from issuance of securities
Status: in_force

(1) No public utility shall, without the consent of the Public Utility Commission, apply the issue of any stock or bond, note or other evidence 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 public 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.

Source: Section 757.435 — Disposal of proceeds from issuance of securities; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 772.415 — OR Code / Title 57 / Chapter 772 / Section 772.415
772.415 Public benefit and use of facilities constructed under ORS 772.410
Status: in_force

(1) Railroads, skid roads, tramways, chutes, pipelines or flumes constructed under ORS 772.410 (Right of entry and condemnation by mining, quarrying and lumber corporations) shall be deemed to be for public benefit.

(2) Such railroad shall afford to all persons equal facilities for the transportation of freight upon payment or tender of reasonable compensation therefor, but shall not be required to carry passengers.

(3) Such skidway, tramway, chute, pipeline or flume shall afford to all persons equal facilities in the use thereof for the purpose to which they are adapted, upon tender or payment of the reasonable compensation for such use. [Amended by 1953 c.559 §3]

Source: Section 772.415 — Public benefit and use of facilities constructed under ORS 772.410 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 774.190 — OR Code / Title 57 / Chapter 774 / Section 774.190
774.190 Applicability of certain laws to board
Status: in_force

(1) ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) and ORS chapters 278, 279A, 279B, 279C, 282, 283, 291, 292, 293, 295 and 297 do not apply to Citizens’ Utility Board or to the administration and enforcement of this chapter. An employee of Citizens’ Utility Board is not considered an “employee” as the term is defined in the public employees retirement laws. Citizens’ Utility Board and its employees are exempt from the provisions of the State Personnel Relations Law.

(2) ORS chapter 183 does not apply to determinations and actions by the board.

(3) The board, and any of the officers, employees, agents or members of Citizens’ Utility Board shall be provided the same protections from liability as the board, officers, employees, agents, or members of any nonprofit corporation of the State of Oregon. [1985 c.1 §15; 2003 c.794 §330; 2012 c.107 §71]

Source: Section 774.190 — Applicability of certain laws to board; protection from liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 757.963 — OR Code / Title 57 / Chapter 757 / Section 757.963
757.963 Public utility required to develop wildfire protection plan
Status: in_force

(1) A public utility that provides electricity must have and operate in compliance with a risk-based wildfire protection plan that is filed with the Public Utility Commission and has been evaluated by the commission. The plan must be based on reasonable and prudent practices identified through workshops conducted by the commission pursuant to ORS 757.960 (Commission to convene workshops) and on commission standards adopted by rule. The public utility must design the plan in a manner that seeks to protect public safety, reduce risk to utility customers and promote electrical system resilience to wildfire damage.

(2) A public utility that provides electricity shall regularly update a risk-based wildfire protection plan on a schedule determined by the commission. The plan must, at a minimum:

(a) Identify areas that are subject to a heightened risk of wildfire and are:

(A) Within the service territory of the public utility; and

(B) Outside the service territory of the public utility but within a reasonable distance, as determined by the commission, of the public utility’s generation or transmission assets.

(b) Identify a means for mitigating wildfire risk that reflects a reasonable balancing of mitigation costs with the resulting reduction of wildfire risk.

(c) Identify preventive actions and programs that the public utility will carry out to minimize the risk of utility facilities causing a wildfire.

(d) After seeking information from regional, state and local entities, including municipalities, identify a protocol for the deenergizing of power lines and adjusting of power system operations to mitigate wildfires, promote the safety of the public and first responders and preserve health and communication infrastructure.

(e) Describe the procedures, standards and time frames that the public utility will use to inspect utility infrastructure in areas that the public utility identifies under paragraph (a) of this subsection.

(f) Describe the procedures, standards and time frames that the public utility will use to carry out vegetation management in areas that the public utility identifies under paragraph (a) of this subsection.

(g) Identify the development, implementation and administration costs for the plan.

(h) Identify the community outreach and public awareness efforts that the public utility will use before, during and after a wildfire season.

(3) To develop a plan described in subsection (2) of this section, a public utility may consult with and consider information from regional, state and local entities, including municipalities.

(4) The commission, in consultation with the State Forestry Department and local emergency services agencies, shall evaluate a public utility’s wildfire protection plan and plan updates through a public process.

(5) Not more than 180 days after receiving a wildfire protection plan or plan update from a public utility, the commission shall approve or approve with conditions the plan or update if the commission finds that the plan or update is based on reasonable and prudent practices identified through workshops pursuant to ORS 757.960 (Commission to convene workshops) and designed to meet all applicable rules and standards adopted by the commission.

(6) The commission’s approval of a wildfire protection plan does not establish a defense to any enforcement action for violation of a commission decision, order or rule or relieve a public utility from proactively managing wildfire risk, including by monitoring emerging practices and technologies.

(7) The commission shall adopt rules for the implementation of this section. The rules may include, but need not be limited to, procedures and standards regarding vegetation management, public power safety shutoffs and restorations, pole materials, circuitry and monitoring systems.

(8) All reasonable operating costs incurred by, and prudent investments made by, a public utility to develop, implement or operate a wildfire protection plan under this section are recoverable in the rates of the public utility from all customers through a filing under ORS 757.210 (Hearing to establish new schedules) to 757.220 (Notice of schedule changes required) . The commission shall establish an automatic adjustment clause, as defined in ORS 757.210 (Hearing to establish new schedules) , or another method to allow timely recovery of the costs. [2021 c.592 §3]

Source: Section 757.963 — Public utility required to develop wildfire protection plan; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.120 — OR Code / Title 57 / Chapter 757 / Section 757.120
757.120 Accounts required
Status: in_force

(1) Every public utility shall keep and render to the Public Utility Commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. All forms of accounts which may be prescribed by the commission shall conform as nearly as practicable to similar forms prescribed by federal authority.

(2) Every public utility engaged directly or indirectly in any other business than that of a public utility shall, if required by the commission, keep and render separately to the commission, in like manner and form, the accounts of all such other business, in which case all the provisions of this chapter shall apply with like force and effect to the accounts and records of such other business. [Amended by 1971 c.655 §85]

Source: Section 757.120 — Accounts required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.080 — OR Code / Title 57 / Chapter 759 / Section 759.080
759.080 Use of property outside limits of municipal corporation
Status: in_force

When it is necessary or convenient, in the location of any poles or lines mentioned in ORS 759.075 (Authority to construct lines and 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 telecommunications utility 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 telecommunications utility 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. [1987 c.447 §70]

Source: Section 759.080 — Use of property outside limits of municipal corporation; agreement; condemnation upon failure to agree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.549 — OR Code / Title 57 / Chapter 756 / Section 756.549
756.549 Self-incrimination of witnesses in commission proceedings
Status: in_force

(1) No person shall be excused from testifying or from producing evidence in any proceeding held by the Public Utility Commission on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to prosecution, penalty or forfeiture if:

(a) The person has been directed by the commission to testify or produce evidence under oath;

(b) The person claims, at the time the person is directed by the commission to testify or produce evidence, that the testimony or evidence required of the person may tend to incriminate the person or subject the person to prosecution, penalty or forfeiture; and

(c) The commission specifically grants the person immunity from prosecution, penalty or forfeiture regarding those matters about which the person testifies or produces evidence as directed.

(2) Except for prosecution and punishment for perjury, no person who testifies or produces evidence in accordance with subsection (1) of this section shall be prosecuted or subjected to any penalty or forfeiture concerning any matter about which the person so testified or produced evidence. [1971 c.655 §47]

Source: Section 756.549 — Self-incrimination of witnesses in commission proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.385 — OR Code / Title 57 / Chapter 757 / Section 757.385
757.385 Allowance of fair and reasonable rates
Status: in_force

Nothing in ORS 276.910 (Use of fuel cell power systems in state agency facilities) and 757.360 (Definitions for ORS 757.360 to 757.380) to 757.380 (Applicability of ORS 757.360 to 757.380) affects the authority of the Public Utility Commission to set fair and reasonable rates as authorized under ORS 756.040 (General powers) (1). [2009 c.748 §8]

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

Source: Section 757.385 — Allowance of fair and reasonable rates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.175 — OR Code / Title 57 / Chapter 759 / Section 759.175
759.175 Filing rate schedules and data with commission
Status: in_force

(1) Every telecommunications utility shall file with the Public Utility Commission, within a time to be fixed by the commission, schedules showing all rates, tolls and charges that the utility has established and that are in force at the time for any service performed by the utility within the state, or for any service in connection with or performed by any utility controlled or operated by the utility. Schedules filed with the commission shall be open to public inspection.

(2) Every telecommunications utility shall file, with and as part of every schedule filed under subsection (1) of this section, all rules and regulations that in any manner affect the rates charged or to be charged for any service.

(3) Where a schedule of joint rates or charges is or may be in force between two or more telecommunications utilities, the schedule shall in like manner be printed and filed with the commission. [1987 c.447 §12; 2005 c.232 §15]

Source: Section 759.175 — Filing rate schedules and data with commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.365 — OR Code / Title 57 / Chapter 757 / Section 757.365
757.365 Pilot program for small solar energy systems
Status: in_force

(1) The Public Utility Commission shall establish a pilot program for each electric company to demonstrate the use and effectiveness of volumetric incentive rates and payments for electricity or for the nonenergy attributes of electricity, or both, from solar photovoltaic energy systems that are permanently installed in this state by retail electricity consumers and that first become operational after the program begins. The cumulative nameplate capacity of the qualifying systems enrolled in all of the pilot programs may not exceed 27.5 megawatts of alternating current. Qualifying systems enrolled in the pilot program may not have nameplate generating capacity greater than 500 kilowatts.

(2) The commission by rule shall adopt requirements for the pilot programs described in subsection (1) of this section. Each electric company shall file for commission approval tariff schedules for the pilot programs that conform to the requirements.

(3) The commission may establish incentive rates for the pilot programs to enable the development of the most efficient solar photovoltaic energy systems.

(4) A retail electricity consumer participating in a pilot program may receive payments based on electricity generated from solar photovoltaic energy system output for 15 years from the consumer’s date of enrollment in the program, at rates or through a rate formula in a tariff schedule established at the time of enrollment, or at rates otherwise established at the time of enrollment. The consumer thereafter may receive payments based upon electricity generated from the qualifying system at a rate equal to the resource value.

(5) The commission may adjust the tariff schedule as needed for new pilot program participants for the purpose of meeting the goal established in subsection (1) of this section. Once a retail electricity consumer is enrolled in a program, the rates or rate formula for determining payments to the consumer may not be modified.

(6) The commission may adopt and adjust a percentage goal for capacity deployed by residential and small commercial qualifying systems based upon the costs of the energy generated, the feasibility of attaining the goal and other factors. For purposes of attaining the goal described in this subsection, the commission shall require 2.5 megawatts of alternating current from the cumulative nameplate capacity of qualifying systems to be generated by individual systems with a nameplate generating capacity between five and 100 kilowatts.

(7) The commission may establish total generator nameplate capacity limits for an electric company so that the rate impact of the pilot program for any customer class does not exceed 0.25 percent of the electric company’s revenue requirement for the class in any year.

(8) Ownership of renewable energy certificates established under ORS 469A.130 (Renewable energy certificates system) that are associated with renewable energy generation under the pilot programs must be transferred to the electric company and may be used to comply with the renewable portfolio standard described in ORS 469A.052 (Large utility renewable portfolio standard) or 469A.055 (Small electric utilities) .

(9) To the extent that rates paid under a pilot program exceed the resource value, qualifying systems participating in the pilot programs are not eligible for expenditures under ORS 757.612 (Requirements for public purpose expenditures) (3)(b)(B) (2019 Edition) or tax credits under ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118) to 469B.118 (Forfeiture of tax credits) or 469B.130 (Definitions for ORS 469B.130 to 469B.169 and 469B.171) to 469B.169 (Suspension or revocation of certificate) .

(10) All prudently incurred costs associated with compliance with this section are recoverable in the rates of an electric company.

(11) The commission shall advise and assist the owners and operators of qualifying systems in identifying and using grants, incentive moneys, federal funding and other sources of noninvestment financial support for the construction and operation of qualifying systems.

(12) The pilot programs described in subsection (1) of this section close to new participants on the earlier of:

(a) March 31, 2016; or

(b) The date the cumulative nameplate capacity of solar photovoltaic energy systems that have been permanently installed by retail electricity consumers under the pilot programs equals 27.5 megawatts of alternating current.

(13) The commission shall submit a report to the Legislative Assembly by January 1 of each odd-numbered year. The report must evaluate the effectiveness of the pilot programs described in subsection (1) of this section compared to the effectiveness of expenditures under ORS 757.612 (Requirements for public purpose expenditures) (3)(b)(B) (2019 Edition) or tax credits under ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118) to 469B.118 (Forfeiture of tax credits) or 469B.130 (Definitions for ORS 469B.130 to 469B.169 and 469B.171) to 469B.169 (Suspension or revocation of certificate) for promoting the use of solar photovoltaic energy systems and reducing system costs. The report must also estimate the cost of the program to retail electricity consumers and the resource value of solar energy. [2009 c.748 §2; 2010 c.78 §2; 2013 c.244 §§1,3; 2021 c.547 §22]

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

Source: Section 757.365 — Pilot program for small solar energy systems; rules; limits to program; report to Legislative Assembly , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.483 — OR Code / Title 57 / Chapter 757 / Section 757.483
757.483 Condemnation or acquisition of service territory or property of electric company by electric utility
Status: in_force

(1) For purposes of this section:

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

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

(c) “Retail electricity consumer” has the meaning given that term in ORS 757.600 (Definitions for ORS 757.600 to 757.687) .

(2) Upon the request of an electric company, the Public Utility Commission shall establish a stranded costs obligation payable by an electric utility to an electric company in association with a condemnation or transaction described in subsection (3) of this section.

(3) Intentionally left blank —Ed.

(a) An electric utility that condemns the service territory or property of an electric company, or acquires property pursuant to a transaction described in ORS 757.480 (Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility) , must pay the stranded costs obligation established by the commission under subsection (2) of this section.

(b) The purpose of the stranded costs obligation is to prevent shifting the costs associated with the loss of service territory or property of an electric company from the retail electricity consumers of the electric utility to the retail electricity consumers of the electric company.

(4) The commission may determine the stranded costs obligation in accordance with the Federal Energy Regulatory Commission’s current methodology for determining stranded costs under the same or similar circumstances.

(5) This section does not interfere with or supersede the jurisdiction of the Federal Energy Regulatory Commission. [2016 c.28 §18]

Source: Section 757.483 — Condemnation or acquisition of service territory or property of electric company by electric utility; stranded costs obligation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.937 — OR Code / Title 57 / Chapter 757 / Section 757.937
757.937 Financing agreements authorized
Status: in_force

(1) Oregon Community Power may enter into financing agreements in accordance with ORS 757.935 (Definitions for ORS 757.935 to 757.945) to 757.945 (Consultation with State Treasurer) upon such terms as the board of directors of Oregon Community Power determines to be necessary or desirable. Amounts payable by Oregon Community Power under a financing agreement shall be limited to funds specifically pledged, budgeted for or otherwise made available by Oregon Community Power. If there are insufficient available funds to pay amounts due under a financing agreement, the lender may exercise any property rights that Oregon Community Power has granted to the lender in the financing agreement against the property that was purchased with the proceeds of the financing agreement, and may apply the amounts so received toward payments scheduled to be made by Oregon Community Power under the financing agreement.

(2) Oregon Community Power may enter into a financing agreement only following adoption by the board of directors of a resolution authorizing the execution of the financing agreement or a series of similar financing agreements.

(3) Any obligation of any kind incurred by Oregon Community Power shall state on its face that it is solely an obligation of Oregon Community Power. [2007 c.807 §35]

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

Source: Section 757.937 — Financing agreements authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.105 — OR Code / Title 57 / Chapter 756 / Section 756.105
756.105 Duty to furnish information to commission
Status: in_force

(1) Every public utility or telecommunications utility shall furnish to the Public Utility Commission all information required by the commission to carry into effect the provisions of ORS chapters 756, 757, 758 and 759 and shall make specific answers to all questions submitted by the commission.

(2) If a public utility or telecommunications utility is unable to furnish any information required under subsection (1) of this section for any reason beyond its control, it is a good and sufficient reason for such failure. The answer or information shall be verified under oath and returned to the commission at the commission’s office within the period fixed by the commission. [Formerly 757.115; 1973 c.776 §22; 1987 c.447 §82; 1995 c.733 §59]

Source: Section 756.105 — Duty to furnish information to commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.922 — OR Code / Title 57 / Chapter 757 / Section 757.922
757.922 Transition credits and charges
Status: in_force

(1) Each retail electricity consumer of Oregon Community Power shall receive a transition credit or pay a transition charge as determined under this section.

(2) The total of all transition credits or transition charges shall equal the net value of all economic utility investments and all uneconomic utility investments of Oregon Community Power.

(3) The board of directors of Oregon Community Power shall adopt one of the following methods to establish the net value described under subsection (2) of this section and all procedures connected with the adopted method:

(a) Auction;

(b) Administrative valuation; or

(c) Ongoing valuation.

(4) The transition credit or transition charge that applies to a retail electricity consumer under this section may change to reflect the duration of the service option chosen by the consumer, but may not be changed because of the electricity service supplier chosen by the consumer. [2007 c.807 §31]

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

Source: Section 757.922 — Transition credits and charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.465 — OR Code / Title 57 / Chapter 757 / Section 757.465
757.465 Rate recovery bond not security for certain purposes
Status: in_force

A rate recovery bond, as described 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) , that is exempt under ORS 59.025 (Securities exempt from registration) from ORS 59.049 (Federal covered securities exempt from registration) and 59.055 (Conditions of offer and sale of securities) is not a security for purposes of ORS 59.115 (Liability in connection with sale or successful solicitation of sale of securities) , 59.135 (Fraud and deceit with respect to securities or securities business) or 59.137 (Liability in connection with violation of ORS 59.135) . [2023 c.529 §7]

Note: 757.465 (Rate recovery bond not security for certain purposes) and 757.467 (Validity of actions taken in good faith pursuant to financing order) 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 757.465 — Rate recovery bond not security for certain purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.308 — OR Code / Title 57 / Chapter 757 / Section 757.308
757.308 Requirements related to request for proposals that may result in procurement of covered project
Status: in_force

(1) A request for proposals submitted by an electric company, as defined in ORS 757.600 (Definitions for ORS 757.600 to 757.687) , for resource procurement that is subject to competitive bidding requirements adopted by the Public Utility Commission by rule and that may result in the procurement of a covered project must:

(a) Include a reference to and information regarding the requirements in ORS 757.306 (Contractor labor standards for covered projects) ; and

(b) Require that a successful bidder within 30 days from the date construction begins, provide a copy of the attestation or declaration or executed project labor agreement as required under ORS 757.306 (Contractor labor standards for covered projects) .

(2) The State Department of Energy shall, upon request from the commission, provide a copy of the attestation or declaration or project labor agreement to the commission. [2022 c.51 §2]

Note: 757.308 (Requirements related to request for proposals that may result in procurement of covered project) 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 757.308 — Requirements related to request for proposals that may result in procurement of covered project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.715 — OR Code / Title 57 / Chapter 759 / Section 759.715
759.715 Information service blocking
Status: in_force

(1) Local exchange carriers shall make information delivery service blocking available to all customers as soon as such a system becomes technically available to local exchange carriers. Local exchange carriers shall notify customers of such a blocking service when available.

(2) A customer’s local or long distance service shall not be suspended or terminated for nonpayment of information delivery service charges. The Public Utility Commission through orders and rules shall require telephone utilities providing billing services for information providers to adequately inform consumers of their rights concerning information providers. [1991 c.672 §§5,6]

Source: Section 759.715 — Information service blocking; suspension or termination of telephone service for nonpayment of information service charges; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.930 — OR Code / Title 57 / Chapter 757 / Section 757.930
757.930 Distribution rights
Status: in_force

(1) Notwithstanding any other provision of law, a consumer-owned utility has exclusive distribution rights, to the extent the distribution rights are provided by law other than ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) , and exclusive responsibility for the performance and oversight of:

(a) The utility’s distribution system, including the acquisition, construction, financing, operation and maintenance of distribution facilities; and

(b) Metering, billing, collection and consumer response functions related to the distribution of electricity to retail electricity consumers located within the utility’s service territory.

(2) ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) do not:

(a) 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) ; or

(b) Affect the administration or enforcement of ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) . [2007 c.807 §33]

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

Source: Section 757.930 — Distribution rights; service territories , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.558 — OR Code / Title 57 / Chapter 756 / Section 756.558
756.558 Taking of evidence
Status: in_force

(1) At the conclusion of the taking of evidence, the Public Utility Commission shall declare the taking of evidence concluded. Thereafter no additional evidence shall be received except upon the order of the commission and a reasonable opportunity of the parties to examine any witnesses with reference to the additional evidence and otherwise rebut and meet such additional evidence.

(2) After the completion of the taking of evidence, and within a reasonable time, the commission shall prepare and enter findings of fact and conclusions of law upon the evidence received in the matter and shall make and enter the order of the commission thereon. The findings of fact and conclusions of law may be embodied in the same instrument with the order or may be embodied in a separate instrument. The findings of fact, conclusions of law and order thereon shall be signed by the commission. The order shall state the date it becomes effective. A copy of the findings of fact and conclusions of law and a copy of the order shall, forthwith upon the entry of the same, be served upon each of the parties to the proceeding.

(3) Upon application of any person, the commission shall furnish certified copies, under the seal of any order made by the commission. [Formerly 756.550]

Source: Section 756.558 — Taking of evidence; findings; issuance of orders; providing copies of orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.490 — OR Code / Title 57 / Chapter 757 / Section 757.490
757.490 Approval needed for certain contracts
Status: in_force

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

(2) Any such proposed 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. The commission shall promptly investigate and act upon the contract in accordance with ORS 757.495 (Contracts involving utilities and persons with affiliated interests) (3) and (6).

(3) In making such investigation 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 public utility as well as of the corporation with which it is proposing to contract, which 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 such contract is unfair, unreasonable and contrary to public interest, and is sufficient to justify a determination and finding of the commission to that effect, which has the same force and effect as any other determination or order of the commission. [Formerly 757.165; 1989 c.956 §6]

Source: Section 757.490 — Approval needed for certain contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.420 — OR Code / Title 57 / Chapter 758 / Section 758.420
758.420 Filing of contract
Status: in_force

(1) A person who enters into a contract pursuant to ORS 758.410 (Contracts for allocation of territories and customers) shall promptly file the contract with the Public Utility Commission. A contract filed under this section must include a copy of the notice of the filing to be given to all customers of record, and the person shall, within 30 days after filing a contract under this section, give notice of the filing in the manner provided by subsection (3) of this section.

(2) If the commission chooses or if any customer or customers request a hearing on the matter within 30 days of the notice, the commission shall hold a hearing by telephone, video conference or other electronic means of communication or in person. The commission shall give notice of such hearing in the manner provided by subsection (3) of this section within 30 days of the customer’s request. The notice shall set the date and place of hearing on the question as to whether or not such contract will be approved. The hearing shall be held at a place within or conveniently accessible to the territories affected by the contract.

(3) Intentionally left blank —Ed.

(a) A notice given under this section shall be given:

(A) By mail or electronic mail to all customers of record affected by the contract;

(B) By press release to news media local to the area affected by the contract; and

(C) By publication in one or more newspapers of general circulation in the area affected by the contract at least once weekly for two successive weeks.

(b) The notice must include a description of the area subject to the contract and the general rate impact to existing customers. [Formerly 757.625; 1985 c.633 §3; 2023 c.53 §4]

Source: Section 758.420 — Filing of contract; hearing on contract; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.275 — OR Code / Title 57 / Chapter 759 / Section 759.275
759.275 Undue preferences and prejudices
Status: in_force

(1) No telecommunications 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 telecommunications utility violating this section is guilty of unjust discrimination. [1987 c.447 §49]

Source: Section 759.275 — Undue preferences and prejudices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.918 — OR Code / Title 57 / Chapter 757 / Section 757.918
757.918 Oregon Community Power required to allow direct access
Status: in_force

(1) Oregon Community Power shall allow nonresidential electricity consumers direct access.

(2) Unless the board of directors of Oregon Community Power determines otherwise, Oregon Community Power shall provide all retail electricity consumers of Oregon Community Power with a regulated, cost-of-service rate option.

(3) Intentionally left blank —Ed.

(a) Oregon Community Power shall supply default electricity service to a nonresidential electricity consumer in an emergency.

(b) The board shall establish reasonable terms and conditions for providing default service to a nonresidential electricity consumer in circumstances in which the consumer is receiving electricity services through direct access and elects instead to receive electricity services through the default service.

(4) Intentionally left blank —Ed.

(a) Oregon Community Power shall permit retail electricity consumers that are eligible for direct access to voluntarily aggregate their electricity loads.

(b) A retail electricity consumer that is eligible for direct access may voluntarily aggregate its electricity load with the electricity load of any other retail electricity consumer that is eligible for direct access. [2007 c.807 §29]

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

Source: Section 757.918 — Oregon Community Power required to allow direct access , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.265 — OR Code / Title 57 / Chapter 759 / Section 759.265
759.265 Practices not constituting unjust discrimination
Status: in_force

(1) ORS 759.260 (Unjust discrimination in rates) does not prevent any telecommunications utility from giving free service, or reduced rates therefor, to:

(a) Its officers, directors, employees and members of their families;

(b) Former employees of such telecommunications utilities or members of their families where such former employees have become disabled in the service of such telecommunications utility or are unable from physical disqualification, including retirement, to continue in the service; or

(c) Members of families of deceased employees of such telecommunications utility.

(2) The Public Utility Commission may require any telecommunications utility to file with the commission a list, verified under oath, of all free or reduced rate privileges granted by a telecommunications utility under the provisions of this section. [1987 c.447 §47]

Source: Section 759.265 — Practices not constituting unjust discrimination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.220 — OR Code / Title 57 / Chapter 757 / Section 757.220
757.220 Notice of schedule changes required
Status: in_force

No change shall be made in any schedule, including schedules of joint rates, except upon 30 days’ notice to the Public Utility Commission. All changes shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof 30 days prior to the time they are to take effect. However, the commission, for good cause shown, may allow changes without requiring the 30 days’ notice by filing an order specifying the changes to be made and the time when they shall take effect. This section does not apply to rate changes authorized under an alternative form of regulation plan under ORS 757.210 (Hearing to establish new schedules) (2). [Amended by 1995 c.785 §2]

Source: Section 757.220 — Notice of schedule changes required; exception for alternative regulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.419 — OR Code / Title 57 / Chapter 757 / Section 757.419
757.419 Limitation on application of ORS 757.480
Status: in_force

ORS 757.480 (Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility) does not apply to any mortgage or other encumbrance upon any real or personal property given to secure payment of any evidence of indebtedness issued under ORS 757.415 (Purposes for which securities and notes may be issued) . [1971 c.655 §89]

Source: Section 757.419 — Limitation on application of ORS 757.480 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.050 — OR Code / Title 57 / Chapter 759 / Section 759.050
759.050 Competitive zone service regulation
Status: in_force

(1) As used in this section:

(a) “Competitive zone” means a telecommunications service area within all or part of a local exchange, described both by service and territory, that has been designated a competitive zone by the Public Utility Commission under subsection (2) or (4) of this section.

(b) “Competitive zone service” means a local exchange telecommunications service that the commission has authorized to be provided within a competitive zone.

(c) “Essential function” means a functional component of a competitive zone service necessary to the provision of the service by a telecommunications provider for which there is no adequate alternative in terms of quality, quantity and price to the incumbent telecommunications utility.

(d) “Telecommunications utility” and “competitive provider” mean those entities that are classified as such by the commission under ORS 759.020 (Certificate of authority) . “Telecommunications provider” includes both telecommunications utilities and competitive providers.

(2) Intentionally left blank —Ed.

(a) Notwithstanding the provisions of ORS 759.020 (Certificate of authority) (3), the commission may certify one or more persons, including another telecommunications utility, to provide local exchange telecommunications service within the local exchange telecommunications service area of a certificated telecommunications utility if the commission determines that the authorization would be in the public interest. For the purpose of determining whether the authorization would be in the public interest, the commission shall consider:

(A) The effect on rates for local exchange telecommunications service customers both within and outside the competitive zone.

(B) The effect on competition in the local exchange telecommunications service area.

(C) The effect on access by customers to high quality, innovative telecommunications service in the local exchange telecommunications service area.

(D) Any other facts the commission considers relevant.

(b) Upon certification of a telecommunications provider under paragraph (a) of this subsection, the commission shall establish a competitive zone defined by the services to be provided by the telecommunications provider and the geographic area to be served by the telecommunications provider. Price and service competition within the meaning of ORS 759.052 (Commission authority to exempt telecommunications services from regulation) may not be deemed to exist by virtue of the establishment of a competitive zone.

(c) At the time of certification of a telecommunications provider, or thereafter, the commission may impose reasonable conditions upon the authority of the telecommunications provider to provide competitive zone service within the competitive zone. Reasonable conditions include, but are not limited to, conditions:

(A) Designed to promote fair competition, such as interconnection; and

(B) Requiring contributions of the type required of a telecommunications utility on account of the provision of local exchange service, including those to the Residential Service Protection Fund or the Telecommunication Devices Access Program.

(3) Upon demand, a competitive provider of competitive zone services shall make available to the commission any information relating to competitive zone services that the commission requests. Information provided to the commission by a competitive provider under this subsection shall be confidential and may not be disclosed by the commission, except for regulatory purposes in the context of a proceeding before the commission.

(4) Upon application by a telecommunications utility and a showing of competition within its local exchange, whether or not from certificated providers, the commission may designate all or part of the local exchange a competitive zone.

(5) Intentionally left blank —Ed.

(a) Except with respect to telecommunications utilities that are exempt from the provisions of ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) , unless the commission determines that it is not in the public interest at the time a competitive zone is created, upon designation of a competitive zone, price changes, service variations and modifications of competitive zone services offered by a telecommunications utility in the zone are not subject to ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) and, at the telecommunication utility’s discretion, may be made effective upon filing with the commission.

(b) The price and terms of service offered by a telecommunications utility for a competitive zone service within a competitive zone may differ from that outside of the zone. However, the price for a competitive zone service within the zone may not be lower than the total service long run incremental cost, for nonessential functions, of providing the service within the zone and the charges for essential functions used in providing the service, but the commission may establish rates for residential local exchange telecommunications service at any level necessary to achieve the commission’s universal service objectives. Within the zone, the price of a competitive zone service, or any essential function used in providing the competitive zone service, may not be higher than those prices in effect when the competitive zone was established, unless authorized by the commission.

(c) The commission may revoke the exemption of a telecommunications utility from ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) if the commission finds that the utility has violated statutes, rules or conditions of the commission applicable to competitive zone services or that there has been a substantial change in the circumstances that prevailed at the time the competitive zone was first established.

(d) On the motion of a telecommunications provider or on its own motion, the commission may order a telecommunications utility to disaggregate and offer essential functions of the telecommunications utility’s local exchange network.

(6) A decision of the commission, with respect to the terms and conditions under which competitive zone services may be offered within a competitive zone by a telecommunications utility, to authorize a competitor to provide service within the local exchange service area of a telecommunications utility or to otherwise designate a competitive zone shall be subject to judicial review, but may not be stayed other than by order of the commission, except upon a showing by clear and convincing evidence that failure to stay the decision will result in irreparable harm to the aggrieved party.

(7) The exclusive remedy of a telecommunications provider aggrieved by the prices, terms of service or practices of another provider with respect to competitive zone services within a competitive zone is to file a complaint with the commission under ORS 756.500 (Complaint) . The commission, either upon complaint or its own motion, may permanently suspend a filing made by a provider with respect to a competitive zone service or take such other action as the commission deems appropriate, except an award for damages. A claim for damages arising from a commission decision in favor of the provider on a matter alleged in the complaint shall be brought as a separate action at law.

(8) Nothing in this section shall serve to shield any telecommunications provider of local exchange telecommunications service from state or federal antitrust laws. [1993 c.423 §3; 2005 c.232 §13; 2022 c.60 §10]

Source: Section 759.050 — Competitive zone service regulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.070 — OR Code / Title 57 / Chapter 756 / Section 756.070
756.070 Investigating management of utilities
Status: in_force

The Public Utility Commission may inquire into the management of the business of all public utilities and telecommunications utilities and shall keep informed as to the manner and method in which they are conducted and has the right to obtain from any public utility or telecommunications utility all necessary information to enable the commission to perform duties. [Amended by 1971 c.655 §17; 1973 c.776 §19; 1987 c.447 §70; 1995 c.733 §56]

Source: Section 756.070 — Investigating management of utilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.910 — OR Code / Title 57 / Chapter 757 / Section 757.910
757.910 Policy
Status: in_force

(1) The Legislative Assembly declares that it is the policy of the State of Oregon to:

(a) Ensure that the formation and operation of Oregon Community Power does not directly or indirectly diminish the amount of federal electric power available for purchase by consumer-owned utilities to serve their retail electricity consumers;

(b) Ensure that the formation and operation of Oregon Community Power does not, directly or indirectly, increase the lowest cost-based rates charged by the Bonneville Power Administration to consumer-owned utilities for the purchase of federal electric power above the level that would most likely have been charged absent the formation and operation of Oregon Community Power;

(c) Preserve the existing exclusive distribution rights of consumer-owned utilities;

(d) Ensure the preservation of contract rights currently existing between consumer-owned utilities and an incumbent utility;

(e) Preserve the authority of cities to impose franchise fees and privilege taxes and to execute contracts with Oregon Community Power; and

(f) Ensure that Oregon Community Power has access to benefits from the Bonneville Power Administration, as mandated by the federal Pacific Northwest Electric Power Planning and Conservation Act, that are equivalent to the benefits received by the incumbent utility at the time the utility is acquired by Oregon Community Power.

(2) As used in this section, “federal electric power” means electricity generated, distributed or sold by the Bonneville Power Administration. [2007 c.807 §27]

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

Source: Section 757.910 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.450 — OR Code / Title 57 / Chapter 756 / Section 756.450
756.450 Declaratory rulings
Status: in_force

On petition of any interested person, the Public Utility Commission may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the commission. A declaratory ruling is binding between the commission and the petitioner on the state of facts alleged, unless it is modified, remanded or set aside by a court. However, the commission may review the ruling and modify or set it aside if requested by the petitioner or other party to the proceeding. Binding rulings issued under this section are subject to judicial review as orders in the manner provided by ORS 756.610 (Judicial review) . [1971 c.655 §36; 2005 c.638 §2; 2017 c.312 §2]

Source: Section 756.450 — Declaratory rulings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 759.375 — OR Code / Title 57 / Chapter 759 / Section 759.375
759.375 Approval prior to sale, mortgage or disposal of operative utility property
Status: in_force

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

(a) Sell, lease, assign or otherwise dispose of the whole of the property of such telecommunications utility necessary or useful in the performance of its duties to the public or any part thereof of a value in excess of $100,000, or sell, lease, assign or otherwise dispose of any franchise, permit or right to maintain and operate such telecommunications utility or telecommunications utility property, or perform any service as a telecommunications utility;

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

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

(2) A telecommunications utility that sells, leases, assigns or otherwise disposes of the whole of the property of such telecommunications utility necessary or useful in the performance of its duties to the public or any part thereof of a value in excess of $25,000, but less than $100,000, shall notify the commission of the sale within 60 days following the date of the sale.

(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) This section does not prohibit or invalidate the sale, lease or other disposition by any telecommunications utility of property which is not necessary or useful in the performance of its duties to the public. [1987 c.447 §41; 1999 c.530 §2]

Source: Section 759.375 — Approval prior to sale, mortgage or disposal of operative utility property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.040 — OR Code / Title 57 / Chapter 759 / Section 759.040
759.040 Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines
Status: in_force

(1) Subject to subsection (6) of this section, ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) do not apply to new or revised tariff schedules filed with the Public Utility Commission by telecommunications utilities or affiliated groups of telecommunications utilities serving fewer than 50,000 access lines in Oregon and not affiliated or under common control with any other kind of public utility providing service in Oregon.

(2) Subject to subsection (6) of this section, ORS 759.375 (Approval prior to sale, mortgage or disposal of operative utility property) to 759.393 (Applicability of ORS 759.385 and 759.390) do not apply to telecommunications utilities or affiliated groups of telecommunications utilities serving fewer than 50,000 access lines in Oregon and not affiliated or under common control with any other kind of public utility providing service in Oregon.

(3) Subject to subsection (6) of this section, ORS 759.300 (“Stocks” defined) to 759.360 (Prohibited acts regarding issuance of securities) do not apply to telecommunications utilities or affiliated groups of telecommunications utilities serving fewer than 50,000 access lines in Oregon and not affiliated or under common control with any other kind of public utility providing service in Oregon.

(4) Upon petition by any telecommunications utility serving fewer than 50,000 access lines in Oregon and affiliated or under common control with another public utility providing service in Oregon, and a finding that such action is consistent with the public interest, the commission by order may exempt such telecommunications utility from:

(a) ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) .

(b) ORS 759.375 (Approval prior to sale, mortgage or disposal of operative utility property) to 759.393 (Applicability of ORS 759.385 and 759.390) .

(c) ORS 759.300 (“Stocks” defined) to 759.360 (Prohibited acts regarding issuance of securities) .

(5) Upon petition by any telecommunications utility serving fewer than 50,000 access lines in Oregon, and finding that such action is consistent with the public interest, the commission by order may exempt such telecommunications utility from ORS 759.175 (Filing rate schedules and data with commission) and 759.205 (Conformance of rates charged with schedule) to 759.215 (Public access to schedules) .

(6) Upon petition by the telecommunications utility or upon petition by 10 percent of the then current access line subscribers, or 500 subscribers, whichever is the lesser, of any telecommunications utility:

(a) Filed with the commission not less than 10 days prior to the proposed effective date of new or revised tariff schedules, the commission may impose all or part of the procedures of ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) to any of the schedules of a telecommunications utility exempted from ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) pursuant to this section.

(b) After notice and hearing and a finding that the action is required by the public interest, the commission may revoke any exemption granted pursuant to this section or impose reasonable conditions upon the continued exercise of the exemption.

(7) Any telecommunications utility for which an exemption from the application of ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) is provided pursuant to this section shall notify its affected customers of any price increase for intrastate telecommunications services at least 45 days prior to the proposed effective date of the increase.

(8) Any telecommunications utility for which an exemption from the application of any statute is provided pursuant to this section shall file with the commission an annual report that includes copies of the income statement and balance sheet the telecommunications utility files with the Federal Communications Commission. Each telecommunications utility described in this subsection shall notify customers that the income statement and balance sheet are on file with the commission. [Formerly 757.870; 1999 c.451 §1; 2005 c.232 §12]

Source: Section 759.040 — Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.039 — OR Code / Title 57 / Chapter 757 / Section 757.039
757.039 Regulation of hazardous substance distribution and storage operations
Status: in_force

(1) As used in this section, “hazardous substance or material” means:

(a) Fuel gas, whether in a gaseous, liquid or semisolid state;

(b) Petroleum or petroleum products; and

(c) Any other substance or material which may pose an unreasonable risk to life or property when transported by pipeline facilities.

(2) The Public Utility Commission has power, after a hearing had upon the commission’s own motion or upon complaint, to require by general or special orders embodying reasonable rules, every person or municipality, their agents, lessees or acting trustees or receivers, appointed by court, engaged in the management, operation, ownership or control of facilities for the transmission or distribution of a hazardous substance or material by pipeline; or of facilities for the storage or treatment of a hazardous substance or material to be transmitted or distributed by pipeline or upon the public streets or highways; or of any other premises used, whether leased, owned or controlled by them, to construct, maintain and operate every pipeline, plant, system, equipment or apparatus used in the transmission, distribution, storage or treatment of a hazardous substance or material to be transmitted by pipeline or upon the public streets or highways in such manner as to protect and safeguard the health and safety of all employees, customers and the public, and to this end to adopt and prescribe the installation, use, maintenance and operation of appropriate safety or other devices, or appliances, to establish or adopt standards of construction or equipment, and to require the performance of any other act which seems to the commission necessary or proper for the protection of the health and safety of all employees, customers or the public.

(3) The commission is authorized to cooperate with, make certifications to and enter into agreements with the Secretary of Transportation of the United States of America and to assume responsibility for, and carry out on behalf of the Secretary of Transportation, safety jurisdiction relating to pipeline facilities and transportation of hazardous substances and materials in Oregon in any manner not otherwise subject to the jurisdiction of any other agency of this state.

(4) Notwithstanding any other provisions to the contrary, the commission shall make public such reports as are required to be made public under applicable federal law and regulations and provide such information as is required by the Secretary of Transportation.

(5) The jurisdiction of the commission over propane, butane or mixtures of these gases shall be limited to systems transporting such gases to 10 or more customers, or to systems any portion of which is located in a public place. [Formerly 757.095; 1983 c.540 §3; 2001 c.35 §1]

Source: Section 757.039 — Regulation of hazardous substance distribution and storage operations; cooperation with federal agencies; disclosure of reports and information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.007 — OR Code / Title 57 / Chapter 757 / Section 757.007
757.007 Contract and rate schedule filing for certain furnishers of heat exempt from regulation
Status: in_force

(1) Every person exempt from regulation under ORS 757.005 (Definition of public utility) (1)(b)(E) shall file with the Public Utility Commission, not later than 30 days prior to their effective date, all contracts and schedules establishing rates, terms and conditions for the provision of heating services.

(2) Prior to the effective date, the commission may suspend the effective date of such contracts or schedules for an additional period of not more than 120 days in order to determine the reasonableness of such contracts or schedules, taking into consideration the services being provided, the costs and risks of service, the availability and costs of alternative forms of service and other reasonable considerations, including the impact on existing customers of the utilities furnishing electricity and natural gas and on the public generally.

(3) If the contract or schedule is not suspended, or if the contract or schedule is determined reasonable by the commission after suspension, the contract or schedule shall not be subject to further commission review during its term or such other period as the commission may specify, except as provided in ORS 757.009 (Procedure for reregulation of furnishers of heat) .

(4) In any proceeding before the commission to determine the reasonableness of contracts or schedules proposed under this section, the burden shall be upon the proponent of the contract or schedule to establish its reasonableness. [1989 c.999 §§4a,4c; 2003 c.82 §5]

Source: Section 757.007 — Contract and rate schedule filing for certain furnishers of heat exempt from regulation; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.525 — OR Code / Title 57 / Chapter 758 / Section 758.525
758.525 Avoided cost schedules
Status: in_force

(1) At least once every two years each electric utility shall prepare, publish and file with the Public Utility Commission a schedule of avoided costs equaling the utility’s forecasted incremental cost of electric resources over at least the next 20 years. Prices contained in the schedules filed by public utilities shall be reviewed and approved by the commission.

(2) An electric utility shall offer to purchase energy or energy and capacity whether delivered directly or indirectly from a qualifying facility. Except as provided in subsection (3) of this section, the price for such a purchase shall not be less than the utility’s avoided costs. At the option of the qualifying facility, exercised before beginning delivery of the energy or energy and capacity, such prices may be based on:

(a) The avoided costs calculated at the time of delivery; or

(b) The projected avoided costs calculated at the time the legal obligation to purchase the energy or energy and capacity is incurred.

(3) Nothing contained in 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) shall be construed to require an electric utility to pay full avoided-cost prices for a purchase from a qualifying facility on which construction began before November 8, 1978, but the price for a purchase from such a facility shall be sufficient to encourage production of energy or energy and capacity.

(4) The rates of an electric utility for the sale of electricity shall not discriminate against qualifying facilities. [1983 c.799 §3]

Source: Section 758.525 — Avoided cost schedules; filing; requirement to purchase energy from qualifying facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 758.284 — OR Code / Title 57 / Chapter 758 / Section 758.284
758.284 Immunity of electric utility for pruning or removing vegetation in other cases
Status: in_force

(1) An electric utility is immune from any civil liability for pruning or removing vegetation that is growing on property on which electric facilities are located, or growing on property that is adjacent to property on which electric facilities are located, if the pruning or removal is consistent with policies of the Public Utility Commission relating to the pruning or removal of vegetation, or is consistent with a local ordinance or resolution applicable to the property that relates to the pruning or removal of vegetation, and any of the following apply:

(a) The vegetation to be pruned or removed is hanging over electric facilities or growing in such close proximity to overhead electric facilities that the vegetation constitutes an electrical hazard under any electrical safety code adopted by the Public Utility Commission or constitutes a danger under state or federal health and safety codes to a person working on the facilities or with access to the facilities.

(b) The vegetation to be removed is diseased, dead or dying or is close enough to electric facilities that pruning or removal of the vegetation is necessary to avoid contact between the vegetation and electric facilities. A determination under this paragraph must be made by a qualified forester or arborist if a local ordinance or resolution requires that such determinations be made by a qualified forester or arborist.

(c) The vegetation is of such size, condition and proximity to electric facilities that the vegetation can reasonably be expected to cause damage to electric facilities in the future. A determination under this paragraph must be made by a qualified forester or arborist if a local ordinance or resolution requires that such determinations be made by a qualified forester or arborist.

(2) The limitation on liability provided by this section does not apply unless the electric utility has provided notice to owners of the property where the vegetation is located. Notice may be provided by posting a flyer in a conspicuous location on the property where the vegetation is located. The flyer must:

(a) Indicate that the electric utility intends to prune or remove vegetation on the property;

(b) Include a brief statement of the nature of the work to be performed and the reason the work is needed;

(c) Include an estimate of the time period during which the work will occur; and

(d) Provide information on how the electric utility can be contacted.

(3) The limitation on liability provided by this section does not apply unless the pruning or removal complies with rules adopted by the Public Utility Commission relating to pruning or removal. In adopting rules, the commission shall give consideration to the American National Standard for Tree Care Operations adopted by the American National Standards Institute. [2001 c.420 §3]

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

Source: Section 758.284 — Immunity of electric utility for pruning or removing vegetation in other cases; notice to property owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.897 — OR Code / Title 57 / Chapter 757 / Section 757.897
757.897 Notice of ratemaking
Status: in_force

(1) Whenever the board of directors of Oregon Community Power determines to seek a modification in any rate imposed by the board for electricity service, the board shall give notice of a ratemaking hearing, at least 30 days in advance, as follows:

(a) In newspapers of general circulation that are published in the service territory;

(b) As a separate insert accompanying billing statements sent to customers;

(c) To persons that have requested notice of ratemaking action by the board; and

(d) By publication on the Oregon Community Power website.

(2) The notice shall state:

(a) The date, time and location of the ratemaking hearing of the board;

(b) The new rates or modifications to existing rates being proposed by the board; and

(c) Any other information deemed relevant by the board.

(3) At the time that the board issues a notice of a ratemaking hearing, the board shall publish on the Oregon Community Power website or otherwise make available to the public the underlying utility information upon which the proposed rates are based. The board shall provide the specific information required by bylaws adopted under ORS 757.905 (Adoption of bylaws) (1).

(4) Intentionally left blank —Ed.

(a) Pursuant to ORS 183.625 (Assignment of administrative law judges) , the board shall request, and the Office of Administrative Hearings shall assign, an administrative law judge to conduct the ratemaking hearing. The ratemaking hearing shall be conducted under ratemaking hearing procedures established by bylaws adopted under ORS 757.905 (Adoption of bylaws) (2). The hearing shall be conducted in a manner that allows interested parties to present information and argument and to establish a record upon which the board may establish or modify rates pursuant to ORS 757.895 (Ratemaking) .

(b) The administrative law judge shall ensure that the rates established at the ratemaking hearing are sufficient to accomplish all of the purposes described in ORS 757.895 (Ratemaking) (3).

(5) Notwithstanding ORS 757.822 (Laws applicable to Oregon Community Power) , a decision by the board to establish or modify rates may be appealed as a contested case under ORS chapter 183. [2007 c.807 §23]

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

(Participation by Citizens’ Utility Board)

Source: Section 757.897 — Notice of ratemaking; ratemaking hearings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.954 — OR Code / Title 57 / Chapter 757 / Section 757.954
757.954 City’s authority to control, and collect charges for, use of rights of way
Status: in_force

ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) do not diminish, or authorize the adoption of rules that diminish, the authority of a city to control the use of the city’s rights of way or to collect license fees, privilege taxes, rent or other charges for the use of the rights of way of the city. [2007 c.807 §42]

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

Source: Section 757.954 — City’s authority to control, and collect charges for, use of rights of way , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.694 — OR Code / Title 57 / Chapter 759 / Section 759.694
759.694 Legislative recognition of need
Status: in_force

It is recognized that a large number of people in this state, through no fault of their own, are unable to utilize telecommunication equipment due to the inability to hear or speak well enough or due to other disabilities. It is also recognized that present technology and services are available, but at significant cost, that would allow these people to utilize telecommunication equipment in their daily activities. There is, therefore, a need to make available the technology and services in the form of assistive telecommunication devices, a telecommunications relay service and communication facilitators for people who are deaf, deaf-blind, hard of hearing or speech impaired or adaptive equipment for people with disabilities at no additional cost beyond normal telephone service. The provision of assistive telecommunication devices, a telecommunications relay service, communication facilitators or adaptive equipment would allow those formerly unable to use telecommunication systems to more fully participate in the activities and programs offered by government and other community agencies, as well as in their family and social activities. The assistive telecommunication devices or adaptive equipment would be provided on a loan basis to each recipient, to be returned if the recipient moves out of the state. [1987 c.290 §10; 1991 c.872 §3; 1999 c.384 §2; 2007 c.70 §354; 2011 c.264 §2; 2019 c.113 §2]

Source: Section 759.694 — Legislative recognition of need , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 774.210 — OR Code / Title 57 / Chapter 774 / Section 774.210
774.210 Remedies
Status: in_force

(1) Any utility, and any of its employees, officers, members of the board of directors, agents, contractors or assignees which does, or causes or permits to be done, any matter, act or other thing prohibited by this chapter, or omits to do any act, matter or other thing required to be done by this chapter, is liable for any injury to Citizens’ Utility Board and to any other person in the amount of damages sustained in consequence of such violation. The court may award reasonable attorney fees to the prevailing party in an action under this section.

(2) Citizens’ Utility Board may obtain equitable relief, without bond, to enjoin any violation of this chapter.

(3) Any recovery or enforcement obtained under this section shall be in addition to any other recovery or enforcement under this section or under any statute or common law. Any recovery under this section shall be in addition to recovery by the state of the penalty or fine prescribed for such violation by this chapter. The rights and remedies provided by this chapter shall be in addition to all other rights and remedies available under law. [1985 c.1 §16; 1995 c.618 §136]

Source: Section 774.210 — Remedies; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 757.205 — OR Code / Title 57 / Chapter 757 / Section 757.205
757.205 Filing schedules with commission
Status: in_force

(1) Every public utility shall file with the Public Utility Commission, within a time to be fixed by the commission, schedules which shall be open to public inspection, showing all rates, tolls and charges which it has established and which are in force at the time for any service performed by it within the state, or for any service in connection therewith or performed by any public utility controlled or operated by it.

(2) Every public utility shall file with and as part of every such schedule all rules and regulations that in any manner affect the rates charged or to be charged for any service. Every public utility shall also file with the commission copies of interstate rate schedules and rules and regulations issued by it or to which it is a party.

(3) Where a schedule of joint rates or charges is or may be in force between two or more public utilities, such schedules shall in like manner be printed and filed with the commission. [Amended by 1971 c.655 §70]

Source: Section 757.205 — Filing schedules with commission; data filed with schedules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.698 — OR Code / Title 57 / Chapter 757 / Section 757.698
757.698 Low-income electric bill payment and crisis assistance
Status: in_force

(1) An electric company, as defined in ORS 757.600 (Definitions for ORS 757.600 to 757.687) , or Oregon Community Power shall collect funds for low-income electric bill payment and crisis assistance in an amount determined by the Public Utility Commission. The commission shall:

(a) Establish the amount to be collected and rates to be charged by each electric company from its customers, including customers receiving electricity from other sources, such that the forecasted collection by all electric companies in a calendar year is at least $20 million.

(b) Adjust the rates if forecasted collections or actual collections are less than $20 million in any calendar year but shall not otherwise adjust the rates once set.

(c) Ensure that no customer pays more than $500 per month per customer site for low-income electric bill payment and crisis assistance.

(2) Funds collected by an electric company or Oregon Community Power under this section must be:

(a) Paid into the Housing and Community Services Department Low-Income Electric Bill Payment Assistance Fund established by ORS 456.587 (Electricity Public Purpose Charge Fund) (2);

(b) Used by the Housing and Community Services Department solely for purposes related to low-income electric bill payment and crisis assistance and for the Housing and Community Services Department’s cost of administering this section; and

(c) Expended in the service area of the electric company or Oregon Community Power from which the funds are collected.

(3) The Housing and Community Services Department shall determine the manner in which funds collected under this section are allocated by the department to energy assistance program providers for the purpose of providing low-income electric bill payment and crisis assistance. However, the department shall:

(a) In consultation with electric companies, investigate and may implement alternative delivery models to effectively reduce service disconnections and related costs to customers and electric companies; and

(b) Direct priority assistance to low-income customers who are in danger of having their electricity service disconnected.

(4) The department shall maintain records and provide those records upon request to an electric company, Oregon Community Power and the Citizens’ Utility Board established under ORS chapter 774 on a quarterly basis. Records maintained must include the numbers of low-income customers served, the average amounts paid and the type of assistance provided. Electric companies and Oregon Community Power shall, if requested, provide the department with aggregate data relating to low-income customers served on a quarterly basis to support program development.

(5) Interest on moneys deposited in the Housing and Community Services Department Low-Income Electric Bill Payment Assistance Fund established by ORS 456.587 (Electricity Public Purpose Charge Fund) (2) may be used to provide bill payment and crisis assistance to customers whose primary source of heat is not electricity.

(6) Notwithstanding ORS 757.310 (Prohibition related to charges for service) , the commission may allow an electric company or Oregon Community Power to provide reduced rates or other bill payment or crisis assistance or low-income program assistance to a low-income household eligible for assistance under the federal Low Income Home Energy Assistance Act of 1981, as amended and in effect on July 23, 1999. [2021 c.536 §2 and 2021 c.547 §15 as amended by 2021 c.536 §2a]

Source: Section 757.698 — Low-income electric bill payment and crisis assistance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.450 — OR Code / Title 57 / Chapter 759 / Section 759.450
759.450 Minimum service quality standards
Status: in_force

(1) It is the intent of the Legislative Assembly that every telecommunications carrier and those telecommunications utilities and competitive telecommunications providers that provide wholesale services meet minimum service quality standards on a nondiscriminatory basis.

(2) The Public Utility Commission shall determine minimum service quality standards that relate to the provision of retail telecommunications services to ensure safe and adequate service. Except as provided in subsections (8) and (9) of this section, minimum service quality standards adopted under this section shall apply to all telecommunications carriers. The commission by rule shall review and revise the minimum service quality standards as necessary to ensure safe and adequate retail telecommunications services.

(3) The minimum service quality standards for providing retail telecommunications services adopted by the commission shall relate directly to specific customer impact indices including but not limited to held orders, trouble reports, repair intervals and carrier inquiry response times. In adopting minimum service quality standards, the commission shall, for each standard adopted, consider the following:

(a) General industry practice and achievement;

(b) National data for similar standards;

(c) Normal operating conditions;

(d) The historic purpose for which the telecommunications network was constructed;

(e) Technological improvements and trends; and

(f) Other factors as determined by the commission.

(4) Consistent with the federal Telecommunications Act of 1996 (Public Law 104-104), as amended and in effect on September 1, 1999, the commission may establish minimum service quality standards related to providing wholesale, interconnection, transport and termination services provided by a telecommunications carrier and those telecommunications utilities and competitive telecommunications providers that provide wholesale telecommunications services.

(5) The commission shall require a telecommunications carrier, telecommunications utility or competitive telecommunications provider that is not meeting the minimum service quality standards to submit a plan for improving performance to meet the standards. The commission shall review and approve or disapprove the plan. If the carrier, utility or provider does not meet the goals of its improvement plan within six months or if the plan is disapproved by the commission, penalties may be assessed against the carrier, utility or provider on the basis of the carrier’s, utility’s or provider’s service quality measured against the minimum service quality standards and, if assessed, shall be assessed according to the provisions of ORS 759.990 (Penalties) .

(6) Prior to commencing an action under this section and ORS 759.990 (Penalties) , the commission shall allow a telecommunications carrier, telecommunications utility or competitive telecommunications provider an opportunity to demonstrate that a violation of a minimum service quality standard is the result of the failure of a person providing telecommunications interconnection service to meet the person’s interconnection obligations.

(7) Total annual penalties imposed on a telecommunications utility under this section shall not exceed two percent of the utility’s gross intrastate revenue from the sale of telecommunications services for the calendar year preceding the year in which the penalties are assessed. Total annual penalties imposed on a competitive telecommunications provider under this section shall not exceed two percent of the provider’s gross revenue from the sale of telecommunications services in this state for the calendar year preceding the year in which the penalties are imposed.

(8) The provisions of this section do not apply to:

(a) Radio communications service, radio paging service, commercial mobile radio service, personal communications service or cellular communications service; or

(b) A cooperative corporation organized under ORS chapter 62 that provides telecommunications services.

(9) Telecommunications utilities and groups of affiliated telecommunications utilities that serve fewer than 50,000 access lines in Oregon are exempt from any minimum service quality standard adopted under this section that would require the utility or group to measure carrier inquiry response time. [1999 c.1093 §29; 2001 c.95 §1]

Source: Section 759.450 — Minimum service quality standards; rules; customer impact indices; factors; wholesale services; improvement plan; penalties; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.991 — OR Code / Title 57 / Chapter 757 / Section 757.991
757.991 Civil penalty for noncompliance with gas regulations
Status: in_force

(1) Intentionally left blank —Ed.

(a) Any person or municipality, or any agent, lessee, trustee or receiver of the person or municipality, engaged in the management, operation, ownership or control of facilities for the transmission or distribution of gas by pipeline, or of facilities for the storage or treatment of gas to be transmitted or distributed by pipeline, that fails to comply with ORS 757.039 (Regulation of hazardous substance distribution and storage operations) , or fails to comply with any order, rule or regulation of the Public Utility Commission made pursuant to ORS 757.039 (Regulation of hazardous substance distribution and storage operations) , is subject to a civil penalty established by rule by the commission.

(b) The civil penalty amount for a violation or series of violations described in this section may not exceed the administrative civil penalty amount set forth in 49 C.F.R. 190.223 for a violation or series of violations of the applicable federal law described therein.

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

(3) Civil penalties collected under this section must be paid into the General Fund and credited to the Public Utility Commission Account as described in ORS 756.990 (Penalties) (7). [1969 c.372 §4; 1991 c.199 §1; 2015 c.231 §1; 2021 c.35 §1]

Source: Section 757.991 — Civil penalty for noncompliance with gas regulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.325 — OR Code / Title 57 / Chapter 759 / Section 759.325
759.325 Application of ORS 759.375
Status: in_force

ORS 759.375 (Approval prior to sale, mortgage or disposal of operative utility property) does not apply to any mortgage or other encumbrance upon any real or personal property given to secure payment of any evidence of indebtedness issued under ORS 759.315 (Purposes for which securities may be issued) . [1987 c.447 §33]

Source: Section 759.325 — Application of ORS 759.375 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.185 — OR Code / Title 57 / Chapter 756 / Section 756.185
756.185 Right to recover for wrongs and omissions
Status: in_force

(1) Any public utility which does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapter 756, 757 or 758 or omits to do any act, matter or thing required to be done by such statutes, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. If the party seeking damages alleges and proves that the wrong or omission was the result of gross negligence or willful misconduct, the public utility is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

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

(3) Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.

(4) This section does not apply with respect to the liability of any public utility for personal injury or property damage. [Formerly 757.335; 1973 c.776 §26; 1981 c.856 §1; 1981 c.897 §104a; 1987 c.447 §86; 1989 c.827 §1; 1995 c.696 §48; 1995 c.733 §63]

Source: Section 756.185 — Right to recover for wrongs and omissions; treble damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 758.435 — OR Code / Title 57 / Chapter 758 / Section 758.435
758.435 Application for allocation of territory
Status: in_force

(1) Any person providing a utility service in a territory that is not served by another person providing a similar utility service may file an application with the Public Utility Commission for an order allocating such territory to the person providing the utility service. The application may include any adjacent area when it is more economical and feasible to serve the adjacent area by an extension of the applicant’s existing facilities than by an extension of the facilities of another person. An application must include a copy of the notice of the filing to be given to all customers of record, and the applicant shall, within 30 days after filing an application under this section, give notice of the filing in the manner provided by subsection (4) of this section.

(2) Within 30 days after the filing of an application under this section, the commission shall give notice of the filing to all providers of similar utility services in the areas adjacent to the area covered by the application.

(3) 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, video conference or other electronic means of communication or in person. The commission shall give notice of the hearing in the manner provided by subsection (4) of this section 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.

(4) Intentionally left blank —Ed.

(a) A notice given pursuant to this subsection shall be given:

(A) By mail or electronic mail to all customers of record in the area covered by the application;

(B) By press release to news media local to the area covered by the application; and

(C) By publication in one or more newspapers of general circulation in the area covered by the application at least once weekly for two successive weeks.

(b) The notice must include a description of the area covered by the application and the general rate impact to existing customers.

(5) Territory within the limits of a city, as fixed on May 31, 1961, shall not be deemed to be served exclusively by any person, if such city is, on such date, served by more than one person having necessary municipal or franchise authority to serve within the entire city. [Formerly 757.640; 1985 c.633 §1; 2023 c.53 §6]

Source: Section 758.435 — Application for allocation of territory; hearing on application; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.632 — OR Code / Title 57 / Chapter 757 / Section 757.632
757.632 Electricity service supplier’s access to electric company’s distribution facilities
Status: in_force

Every electricity service supplier is authorized to use the distribution facilities of an electric company on a nondiscriminatory basis after the retail electricity consumers of the electricity service supplier are afforded direct access pursuant to ORS 757.601 (Implementation dates for direct access and portfolio of rate options) . [1999 c.865 §7]

Source: Section 757.632 — Electricity service supplier’s access to electric company’s distribution facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.663 — OR Code / Title 57 / Chapter 757 / Section 757.663
757.663 Commission authority to require electric company to enter into contracts with Bonneville Power Administration
Status: in_force

In order to preserve the benefits of federal low-cost power for residential and small-farm consumers of electric utilities, the Public Utility Commission may require an electric company to enter into contracts with the Bonneville Power Administration for the purpose of securing such benefits. The contracts shall be subject to approval by the commission. In reviewing a contract, the commission, at a minimum, shall consider:

(1) The short-term expected cost of electric power from the Bonneville Power Administration compared to market-priced alternatives;

(2) The long-term benefit of retaining the rights to purchase electric power from the Bonneville Power Administration at cost, compared to market-priced alternatives; and

(3) Other factors deemed relevant by the commission. [1999 c.865 §19]

Source: Section 757.663 — Commission authority to require electric company to enter into contracts with Bonneville Power Administration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.417 — OR Code / Title 57 / Chapter 757 / Section 757.417
757.417 Limitation on application of ORS 757.415
Status: in_force

ORS 757.415 (Purposes for which securities and notes may be issued) does not apply to the issuance, renewal or assumption of liability on any evidence of indebtedness when such issuance, renewal or assumption is for the purpose of acquiring specific real or personal property, if the aggregate principal amount thereof, together with all other then outstanding evidences of indebtedness issued, renewed or assumed under this section, does not exceed whichever is the greater of the following amounts:

(1) The amount of $75,000.

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

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

(b) The capital and surplus as then stated on the books of account of the public utility. [1971 c.655 §88]

Source: Section 757.417 — Limitation on application of ORS 757.415 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.665 — OR Code / Title 57 / Chapter 757 / Section 757.665
757.665 Limitation on installing, servicing electric meters
Status: in_force

Electric meter installation, testing and maintenance shall be performed only by a distribution utility. [1999 c.865 §15a]

Source: Section 757.665 — Limitation on installing, servicing electric meters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.305 — OR Code / Title 57 / Chapter 756 / Section 756.305
756.305 Public Utility Commission Account
Status: in_force

(1) There hereby is established in the General Fund an account to be known as the Public Utility Commission Account. Except as limited by ORS 756.360 (Disposal and use of fees and penalties collected) , all moneys, without regard to their sources, credited to the Public Utility Commission Account hereby are appropriated continuously to the Public Utility Commission for the payment of any and all of the expenses of the Public Utility Commission.

(2) The Public Utility Commission shall keep a record of all moneys deposited in the Public Utility Commission Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [1957 c.459 §1; 1971 c.655 §27; 1997 c.249 §220]

Source: Section 756.305 — Public Utility Commission Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.842 — OR Code / Title 57 / Chapter 757 / Section 757.842
757.842 Board meetings and procedures
Status: in_force

(1) The board of directors of Oregon Community Power shall meet at least once each month to conduct the business of the board.

(2) A majority of board members shall constitute a quorum.

(3) The board shall select one of its members as chairperson.

(4) The board shall adopt bylaws establishing rules of procedure for board meetings and decisions.

(5) A member of the board shall be compensated as provided in ORS 757.886 (Powers of Oregon Community Power) (12).

(6) The board, not later than April 15 of each year, shall file a report with the Governor and the Legislative Assembly. The report shall explain the activities and operations of Oregon Community Power for the preceding calendar year, including a summary of the audit described in ORS 757.902 (Annual audit of Oregon Community Power) . [2007 c.807 §10]

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

Source: Section 757.842 — Board meetings and procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.440 — OR Code / Title 57 / Chapter 757 / Section 757.440
757.440 Approval required before utility may guarantee another’s indebtedness
Status: in_force

No public utility shall assume any obligation or liability as guarantor, indorser, surety or otherwise in respect to the securities of any other person, firm or corporation, when such securities are payable at periods of more than 12 months after the date thereof, without first having secured from the Public Utility Commission an order authorizing it so to do. Every assumption made other than in accordance with such an order is void.

Source: Section 757.440 — Approval required before utility may guarantee another’s indebtedness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.130 — OR Code / Title 57 / Chapter 758 / Section 758.130
758.130 Requirements for electric cooperative in provision of broadband services
Status: in_force

(1) An electric cooperative that exercises the authority granted under ORS 758.120 (Electric easement in provision of broadband services) for the provision of broadband services:

(a) For as long as the electric cooperative maintains an exclusive right to provide electric service to customers within its exclusive service territory, may provide broadband service only through a broadband affiliate or through a separate broadband division within the electric cooperative; and

(b) If the electric cooperative has a broadband affiliate or separate broadband division:

(A) Shall maintain or cause to be maintained an accounting system for the broadband affiliate or division that is separate from the accounting system for the electric cooperative’s electric division;

(B) Shall cause, within two years after commencement of commercial operation by the electric cooperative’s broadband affiliate or division and at least once every two years thereafter, a financial audit to be performed by an independent certified public accountant with respect to the broadband affiliate’s or division’s provision of retail broadband service, including an audit of the allocation of costs for property and services that are used in both the provision of broadband service and the electric cooperative’s provision of electric service; and

(C) May not provide the broadband affiliate or division of the electric cooperative a right to install maintain, own, operate, or use attachments at rates, terms or conditions that are more favorable than the rates, terms or conditions provided to commercial broadband service providers.

(2) Intentionally left blank —Ed.

(a) An electric cooperative may not use its exclusive right to provide electric service within its exclusive territory to cross-subsidize a broadband affiliate of the electric cooperative or a separate broadband division within the electric cooperative, or to cross-subsidize a broadband affiliate’s or division’s provision of broadband service through:

(A) Below fair market pricing;

(B) Payment of capital or operating costs properly charged to the broadband affiliate or division under applicable accounting rules; or

(C) Use of any revenue from or subsidy for the provision of electric service to provide broadband service below market value, except in connection with the electric cooperative’s provision of electricity.

(b) An electric cooperative may:

(A) Enter into transactions with the broadband affiliate or division of the electric cooperative on terms and conditions that are substantially similar to the terms and conditions that would be agreed to between two similarly situated parties in an arm’s-length commercial transaction;

(B) Loan funds to the broadband affiliate or division of the electric cooperative if the interest rate on the loan is no less than the electric cooperative’s lowest cost of capital;

(C) Provide for reduced-cost broadband service to low-income customers;

(D) Conduct and fund due diligence, operational analysis, entity set-up, and associated noncapital expenditures relating to and prior to the establishment of a broadband affiliate or division; or

(E) Offer broadband service through a broadband affiliate or division at below market pricing on a temporary basis for promotional purposes.

(3) Intentionally left blank —Ed.

(a) Upon request from a commercial broadband service provider, an electric cooperative subject to this section and any broadband affiliate or division of the electric cooperative shall cause an officer of the electric cooperative and the broadband affiliate or division, respectively, to certify that both the electric cooperative and the broadband affiliate or division are in compliance with this section.

(b) If a dispute arises between an electric cooperative or its broadband affiliate or division and a commercial broadband service provider regarding matters addressed in this subsection, the parties to the dispute have standing to file a claim or cause of action in any court of competent jurisdiction in the state. The following are discoverable and admissible as evidence in court regarding compliance by the electric cooperative and the broadband affiliate or division of the electric cooperative compliance with this section:

(A) Any certification requested and produced pursuant to this subsection; and

(B) Any audit required to be performed pursuant to subsection (1) of this section, except that the court shall provide appropriate restrictions upon the disclosure of any trade secret, as that term is defined in ORS 192.345 (Public records conditionally exempt from disclosure) (2), that may be included in the audit. [2021 c.149 §3]

Note: See note under 758.120 (Electric easement in provision of broadband services) .

Source: Section 758.130 — Requirements for electric cooperative in provision of broadband services; audit; compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.264 — OR Code / Title 57 / Chapter 757 / Section 757.264
757.264 Annual forecast of certain projected production tax credits required
Status: in_force

Each public utility that makes sales of electricity shall forecast on an annual basis the projected state and federal production tax credits received by the public utility due to variable renewable electricity production, and the Public Utility Commission shall allow those forecasts to be included in rates through any variable power cost forecasting process established by the commission. [2016 c.28 §18b]

Source: Section 757.264 — Annual forecast of certain projected production tax credits required; inclusion in rates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.310 — OR Code / Title 57 / Chapter 759 / Section 759.310
759.310 When issuance of securities void
Status: in_force

All stocks and bonds, notes or other evidences of indebtedness and any security of a telecommunications utility shall be void when issued:

(1) Without an order of the Public Utility Commission authorizing the same then in effect except as provided in ORS 759.315 (Purposes for which securities may be issued) (3) or (5).

(2) With the authorization of the commission, but not conforming in its provisions to the provisions, if any, which it is required by the order of authorization of the commission to contain; but no failure to comply with the terms or conditions of the order of authorization of the commission and no informality or defect in the application or in the proceedings in connection therewith or with the issuance of such order shall render void any stock or bond, note or other evidence of indebtedness, or security issued pursuant to and in substantial conformity with an order of the commission, except as to a person taking the same otherwise than in good faith and for value and without actual notice. [1987 c.447 §30; 1993 c.204 §1]

Source: Section 759.310 — When issuance of securities void , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.050 — OR Code / Title 57 / Chapter 757 / Section 757.050
757.050 Authority of commission to order extension of service to unserved areas
Status: in_force

The Public Utility Commission has power to require any public utility, after a public hearing of all parties interested, to extend its line, plant or 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 public 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 public utility in extending its line, plant or system into such locality and furnishing such service. [Amended by 1971 c.655 §67]

Source: Section 757.050 — Authority of commission to order extension of service to unserved areas , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.016 — OR Code / Title 57 / Chapter 759 / Section 759.016
759.016 Legislative findings on broadband services
Status: in_force

The Legislative Assembly finds and declares:

(1) That it is the goal of this state to promote access to broadband services for all Oregonians in order to improve the economy in Oregon, improve the quality of life in Oregon communities and reduce the economic gap between Oregon communities that have access to broadband digital applications and services and those that do not, for both present and future generations; and

(2) That the goal set forth in subsection (1) of this section may be achieved by:

(a) Expanding broadband and other telecommunications services;

(b) Creating incentives to establish and expand broadband and other telecommunications services;

(c) Undertaking telecommunications planning at the local, regional and state levels that includes participants from both the public and the private sectors;

(d) Removing barriers to the full deployment of broadband digital applications and services and providing incentives for the removal of those barriers; and

(e) Removing barriers to public-private partnerships in areas where the private sector cannot justify investments. [2003 c.775 §1]

Note: 759.016 (Legislative findings on broadband services) 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 759.016 — Legislative findings on broadband services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.260 — OR Code / Title 57 / Chapter 758 / Section 758.260
758.260 Competitive bidding for utility conversion
Status: in_force

To the extent that the contract between the utility and the public authority provides that all or any part of the conversion work shall be performed by the utility, any statute or charter provision requiring competitive bidding and the award of a contract to the lowest responsible bidder does not apply. [1969 c.385 §11]

Source: Section 758.260 — Competitive bidding for utility conversion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 757.247 — OR Code / Title 57 / Chapter 757 / Section 757.247
757.247 Tariff schedules for energy resource measures
Status: in_force

(1) The Public Utility Commission may authorize a public utility, upon application of the utility, to file and place into effect a tariff schedule establishing rates or charges for the cost of energy resource measures provided to an individual property owner or customer pursuant to an agreement entered into between the individual property owner or customer and the public utility. Energy resource measures provided under this section may include:

(a) The installation of renewable energy generation facilities on the property of property owners or the premises of customers;

(b) The implementation of energy conservation measures, including measures that are not cost-effective;

(c) The installation of equipment or devices or the implementation of measures that enable demand reduction, peak load reduction, improved integration of renewable energy generation or more effective utilization of energy resources;

(d) Loans for the purposes described in paragraphs (a) to (c) of this subsection; and

(e) Direct payments to third parties for the purposes described in paragraphs (a) to (c) of this subsection.

(2) Subject to the agreement entered into between the individual property owner or customer and the public utility, a tariff schedule placed into effect under this section may include provisions for:

(a) The payment of the rates or charges over a period of time;

(b) Except as provided in subsection (5) of this section, a reasonable rate of return on any investment made by the public utility;

(c) The application of any payment obligation to successive owners of the property to which the energy resource measure is attached or to successive customers located at the premises to which the energy resource measure is attached; and

(d) The application of the payment obligation to the current property owner or customer alone, secured by methods agreed to by the property owner or customer and the public utility.

(3) Application of a tariff schedule under this section is subject to approval by the commission.

(4) If a payment obligation applies to successive property owners or customers as described in subsection (2)(c) of this section, a public utility shall record a notice of the payment obligation in the records maintained by the county clerk under ORS 205.130 (Recording duties of county clerk) . The commission may prescribe by rule other methods by which the public utility shall notify property owners or customers of such payment obligations.

(5) A public utility may use moneys obtained through a rate established under ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers) (3)(a) to provide a renewable energy generation facility to a property owner or customer under this section. A public utility may not charge interest to a property owner or customer for a renewable energy generation facility acquired with moneys obtained through a rate established under ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers) (3)(a).

(6) Agreements entered into and tariff schedules placed into effect under this section are not subject to ORS 470.500 (Goals) to 470.710 (Apprenticeship and job training) , 757.054 (Cost-effective energy efficiency resources and demand response resources) or 757.612 (Requirements for public purpose expenditures) . [1991 c.268 §2; 2007 c.885 §3; 2013 c.344 §1; 2021 c.508 §22; 2021 c.547 §23]

Source: Section 757.247 — Tariff schedules for energy resource measures; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.680 — OR Code / Title 57 / Chapter 759 / Section 759.680
759.680 Operator service provider duties to service users
Status: in_force

(1) As used in this section:

(a) “Call aggregator” means a person who furnishes a telephone for use by the public, including but not limited to hotels, hospitals, colleges, airports, public pay station owners and pay station agents.

(b) “Contract” means an agreement between an operator service provider and a call aggregator to automatically connect users of telephones to the operator service provider when certain operator-assisted long distance calls are made.

(c) “Operator service” includes but is not limited to billing or completion of third-number, person-to-person, collect or credit card calls.

(d) “Operator service provider” means a person who furnishes operator service under contract with a call aggregator.

(2) Each operator service provider shall:

(a) Notify all callers at the beginning of the call of the provider’s name.

(b) Disclose rate and service information to the caller when requested.

(c) Maintain a current list of emergency numbers for each service territory it serves.

(d) Transfer an emergency call to the appropriate emergency number when requested.

(e) Transfer a call to, or instruct the caller how to reach, the originating local exchange company’s operator service upon request of the caller, free of charge.

(f) Not transfer a call to another operator service provider without the caller’s notification and consent.

(g) Not bill or collect for calls not completed to the caller’s destination. Where technical limitations of the network prevent the identification of incomplete calls, each operator service provider shall issue credits for such calls upon the request of the caller.

(3) Each call aggregator who has a contract with an operator service provider shall post in the immediate vicinity of each telephone available to the public the name of the operator service provider, a toll-free customer service number, a statement that rate quotes are available upon request and instructions on how the caller may access other operator service providers.

(4) Neither the operator service provider nor the call aggregator shall block or prevent a telephone user’s access to the user’s operator service provider of choice. In order to prevent fraudulent use of its services, an operator service provider or a call aggregator may block access if the provider obtains a waiver for such purpose from the Public Utility Commission.

(5) The provisions of this section shall be carried out in such manner as the commission, by rule, may prescribe. [Formerly 759.690]

Source: Section 759.680 — Operator service provider duties to service users; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.465 — OR Code / Title 57 / Chapter 758 / Section 758.465
758.465 Enforcement procedure
Status: in_force

In the event a contract approved by the Public Utility Commission is breached or in the event an allocated territory is served by a person not authorized by such contract, or order of the commission, the 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 said breach or invasion, for an injunction against said alleged breach or invasion. The trial of such 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 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. [Formerly 757.675; 1979 c.284 §198; 2003 c.576 §561]

Source: Section 758.465 — Enforcement procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 758.552 — OR Code / Title 57 / Chapter 758 / Section 758.552
758.552 Ownership of renewable energy certificates for energy generated by qualifying facility
Status: in_force

(1) For contracts executed pursuant to the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) and in effect prior to November 30, 2005, renewable energy certificates created pursuant to a system established by the State Department of Energy under ORS 469A.130 (Renewable energy certificates system) , for generation during the term of such a contract, are owned by the owner of a qualifying facility, unless the owner has transferred a certificate in a contract between the owner and another person.

(2) Subsection (1) of this section applies to qualifying facilities that:

(a) Are located in this state;

(b) Are certified as qualifying small power production facilities or qualifying cogeneration facilities under the Federal Power Act (16 U.S.C. 796) as in effect on June 7, 2011; and

(c) Produce electricity that is priced under ORS 758.525 (Avoided cost schedules) . [2011 c.248 §2]

Source: Section 758.552 — Ownership of renewable energy certificates for energy generated by qualifying facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 758.240 — OR Code / Title 57 / Chapter 758 / Section 758.240
758.240 Contract with utility for conversion
Status: in_force

(1) When a public authority in accordance with ORS 758.230 (Assessment procedure) determines that a conversion shall be made, it may contract with the utilities supplying electric or communication service within the underground assessment district to perform the conversion. A contract shall provide:

(a) A description of the electric and communication facilities to be converted;

(b) That plans and specifications for such conversion shall be supplied or approved by the affected utility;

(c) The time and manner in which underground electric and communication facilities will be installed and overhead electric and communication facilities will be removed;

(d) The estimated cost of converting overhead facilities located on public lands and right of way to underground facilities;

(e) The estimated cost of converting related utility service facilities located on privately owned lots and parcels;

(f) The time and manner of making payments and the source of funds for such payments; and

(g) That upon completion of the work of conversion, the utility performing the conversion shall have legal title to the electric or communication facilities, which shall thereafter constitute a part of a system of the utility and be used, operated, maintained and managed by it as part of its system.

(2) Upon approval and execution of the conversion contracts by the utilities and public authority, the public authority shall direct the utilities owning overhead electric or communication facilities within the district to convert such facilities as required by the contract. [1969 c.385 §7]

Source: Section 758.240 — Contract with utility for conversion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.420 — OR Code / Title 57 / Chapter 759 / Section 759.420
759.420 Application of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law
Status: in_force

Nothing in ORS 759.400 (Definitions for ORS 759.400 to 759.455) to 759.455 (Prohibited acts) is intended to affect, alter or in any way modify wholesale transactions regulated by the federal Telecommunications Act of 1996 (Public Law 104-104) as in effect on September 1, 1999, and regulations adopted thereunder. [1999 c.1093 §26]

Source: Section 759.420 — Application of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.025 — OR Code / Title 57 / Chapter 758 / Section 758.025
758.025 Relocation of utilities in highway right of way
Status: in_force

(1) As used in this section:

(a) “Highway” has the meaning given that term in ORS 801.305 (“Highway.”) (1) but does not include highways located on property owned by the Port of Portland that is subject to federal relocation regulations authorized under 49 U.S.C. 47107, as in effect on January 1, 2010.

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

(c) “Utility” means a public utility, as defined in ORS 757.005 (Definition of public utility) , or a telecommunications utility or competitive telecommunications provider, as those terms are defined in ORS 759.005 (Definitions) .

(2) If a public body plans a project that would require utilities to relocate their utility facilities that are located in the highway right of way, the public body shall notify affected utilities of the project in writing as soon as is practicable.

(3) During the planning and design phase of a project, the public body shall coordinate with the affected utilities to discuss the project’s scope and schedule. At a minimum, the discussion must include a description of the plans, goals and objectives of the proposed project and options to minimize or eliminate costs to the public body and the utilities. The public body is not required to avoid or minimize costs to the utilities in a way that materially affects the project’s scope, costs or schedule. Failure of the affected utilities to respond or participate in the coordination or discussion does not affect the ability of the public body to proceed with design and construction of the project.

(4) A public body having jurisdiction over a highway may not prohibit a utility from seeking reimbursement from private parties or customers for costs under this section in any permit application, license application or other written agreement authorizing the utility to relocate the facilities.

(5) Intentionally left blank —Ed.

(a) Notwithstanding any other provision of ORS chapter 759, a telecommunications utility that is not subject to rate-of-return regulation, including a utility regulated under ORS 759.255 (Setting prices without regard to return on utility investment) may, after participating in the process described in subsection (3) of this section, request authorization from the Public Utility Commission to recover from customers prudent costs incurred for the relocation of facilities required by a public body that are not otherwise paid or reimbursed from another source. Recoverable relocation costs are the nonfacility costs incurred in the relocation plus the undepreciated value of the facilities replaced, including the cost of placing such facilities underground if underground placement is required by the public body or other provision of law. The commission may authorize the recovery of relocation costs that the commission determines to be substantial and beyond the normal course of business.

(b) The commission shall:

(A) Verify the relocation costs for which the utility requests recovery;

(B) Determine the allocation of costs between interstate and intrastate services, geographic areas, customers and services; and

(C) Prescribe the method of cost recovery.

(c) In determining the level of cost recovery and the allocation of costs, the commission shall consider:

(A) The overall impact on the utility; and

(B) Other relevant factors identified by the commission.

(d) Relocation costs may be recovered for a reasonable period of time subject to approval by the commission and not to exceed the depreciable life of the facilities. [2009 c.444 §2]

Source: Section 758.025 — Relocation of utilities in highway right of way; required consultation; recovery of costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 756.034 — OR Code / Title 57 / Chapter 756 / Section 756.034
756.034 Intent of prohibited interest provisions
Status: in_force

Nothing in ORS 756.022 (Oath of office) to 756.032 (Employee dismissal for retention of prohibited interests or failure to file statements) is intended to authorize any act otherwise prohibited by law. [1971 c.655 §7]

Source: Section 756.034 — Intent of prohibited interest provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 774.250 — OR Code / Title 57 / Chapter 774 / Section 774.250
774.250 Severability
Status: in_force

If any section, portion, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force or effect, and to this end the provisions of this chapter are severable. [1985 c.1 §18]

Source: Section 774.250 — Severability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 757.287 — OR Code / Title 57 / Chapter 757 / Section 757.287
757.287 Application to electrical utility attachments
Status: in_force

Nothing in ORS 757.270 (Definitions for ORS 757.270 to 757.290) to 757.290 (Regulatory procedures) shall be deemed to apply to any attachment by one or more electrical utilities on the facilities of one or more other electrical utilities. [1979 c.356 §8]

Source: Section 757.287 — Application to electrical utility attachments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.405 — OR Code / Title 57 / Chapter 759 / Section 759.405
759.405 Election of regulation under ORS 759.405 and 759.410
Status: in_force

(1) A telecommunications carrier may elect to be subject to this section and ORS 759.410 (Intent of ORS 759.410) . The telecommunications carrier shall notify, in writing, the Public Utility Commission of its election. Such election shall be effective 30 days after the written notification is received by the Public Utility Commission. A telecommunications carrier that elects to be subject to this section and ORS 759.410 (Intent of ORS 759.410) shall be subject to the infrastructure investment and price regulation requirements of this section and ORS 759.410 (Intent of ORS 759.410) and shall not be subject to any other regulation based on earnings, rates or rate of return.

(2) A telecommunications carrier that elects to be subject to this section and ORS 759.410 (Intent of ORS 759.410) shall establish in its accounts a Telecommunications Infrastructure Account. The telecommunications carrier shall commit to its Telecommunications Infrastructure Account over a four-year period amounts totaling 20 percent of the telecommunications carrier’s gross regulated intrastate revenue for the calendar year immediately prior to the year the telecommunications carrier elects to be subject to this section and ORS 759.410 (Intent of ORS 759.410) . Of the total committed amount, 30 percent shall be credited to and made available for the purposes of the electing carrier’s account on the date the telecommunications carrier’s election becomes effective. An electing telecommunications carrier shall credit an equal amount on the same date in the next following year. The electing carrier shall credit to its Telecommunications Infrastructure Account an amount equal to 20 percent of the total committed amount on the same date in each of the next following two years.

(3) Intentionally left blank —Ed.

(a) A telecommunications carrier that elects to be subject to this section and ORS 759.410 (Intent of ORS 759.410) shall expend the moneys in the telecommunications carrier’s Telecommunications Infrastructure Account on a plan or plans approved by the Oregon Business Development Commission under ORS 759.430 (Approval of projects funded by carrier’s Telecommunications Infrastructure Account) . Subject to paragraphs (c) and (d) of this subsection, the total amount of capital and other expenses associated with completing the projects shall equal the total amount of moneys available in the account.

(b) Moneys in the account shall be used primarily to ensure that rural and urban Oregonians have improved access to telecommunications technology and services. Expenditures from the account shall be used for investment in telecommunications infrastructure and deployment of new and advanced telecommunications services.

(c) Intentionally left blank —Ed.

(A) Within 120 days following the effective date of a telecommunications carrier’s election to be regulated under this section and ORS 759.410 (Intent of ORS 759.410) , but not later than January 1 of the year following the effective date of a telecommunications carrier’s election, and on the same date in each of the next following three years, a telecommunications carrier serving less than one million access lines in Oregon shall transfer 40 percent of the moneys most recently credited to its Telecommunications Infrastructure Account to the Connecting Oregon Communities Fund established under ORS 759.445 (Connecting Oregon Communities Fund) .

(B) Within 120 days following the effective date of a telecommunications carrier’s election to be regulated under this section and ORS 759.410 (Intent of ORS 759.410) , but not later than January 1 of the year following the effective date of a telecommunications carrier’s election, and on the same date in the next following year, a telecommunications carrier serving one million or more access lines in Oregon shall transfer 70 percent of the moneys most recently credited to its Telecommunications Infrastructure Account to the Connecting Oregon Communities Fund established under ORS 759.445 (Connecting Oregon Communities Fund) .

(d) Notwithstanding ORS 285A.075 (Department duties) (2), if the Oregon Business Development Commission determines, following notice and a public hearing, that the telecommunications carrier is not complying with plans or plan modifications approved under ORS 759.430 (Approval of projects funded by carrier’s Telecommunications Infrastructure Account) , following notice to the telecommunications carrier and reasonable opportunity to cure any noncompliance, the Oregon Business Development Commission may require the telecommunications carrier to transfer any or all moneys remaining in the carrier’s Telecommunications Infrastructure Account, and any future amounts credited to the account, to the Connecting Oregon Communities Fund established under ORS 759.445 (Connecting Oregon Communities Fund) .

(4) Nothing in this section affects the authority of a city or municipality to manage the public rights of way or to require fair and reasonable compensation from a telecommunications carrier, on a competitively neutral and nondiscriminatory basis, under ORS 221.420 (Municipal regulation of public utilities) , 221.450 (Privilege tax on public utilities operating without franchise) , 221.510 (Municipal regulation of telecommunications carriers) and 221.515 (Privilege tax on telecommunications carriers) . [1999 c.1093 §24; 2001 c.104 §295]

Source: Section 759.405 — Election of regulation under ORS 759.405 and 759.410; conditions; Telecommunications Infrastructure Account; remedy for failure of utility to comply with conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 774.060 — OR Code / Title 57 / Chapter 774 / Section 774.060
774.060 Board of Governors
Status: in_force

The Citizens’ Utility Board of Governors shall manage the affairs of the Citizens’ Utility Board. The board may delegate to an executive committee composed of not fewer than five members of the board the authority as would be allowed by ORS 65.354 (Committees) . [1985 c.1 §4; 1989 c.1010 §180]

Source: Section 774.060 — Board of Governors; duties; executive committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 772.625 — OR Code / Title 57 / Chapter 772 / Section 772.625
772.625 Resolution showing proposed route and termini of pipeline
Status: in_force

(1) Prior to the filing of any condemnation action under ORS 772.615 (Condemnation for underground reservoirs) , the natural gas company shall adopt a resolution showing the approximate route and termini of any proposed pipeline, or the extension or branch of any existing pipeline, to be used in conjunction with the underground storage of natural gas, and showing the location and formation of any underground reservoir to be used for the underground storage of natural gas.

(2) A copy of this resolution shall be filed in the office of the Secretary of State, and also in the office of the county clerk of each county or counties where such pipeline, extension or branch of an existing pipeline, or underground reservoir is proposed to be constructed or utilized for the underground storage of natural gas, and also published in a newspaper of general circulation in each county. [1977 c.296 §11]

Source: Section 772.625 — Resolution showing proposed route and termini of pipeline , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 756.200 — OR Code / Title 57 / Chapter 756 / Section 756.200
756.200 Effect of utility laws on common law and other statutory rights of action, duties and liabilities
Status: in_force

(1) The remedies and enforcement procedures provided in ORS chapters 756, 757, 758 and 759 do not release or waive any right of action by the state or by any person for any right, penalty or forfeiture which may arise under any law of this state or under an ordinance of any municipality thereof.

(2) All penalties and forfeiture accruing under said statutes and ordinances are cumulative and a suit for and recovery of one, shall not be a bar to the recovery of any other penalty.

(3) The duties and liabilities of the public utilities or telecommunications utilities shall be the same as are prescribed by the common law, and the remedies against them the same, except where otherwise provided by the Constitution or statutes of this state, and the provisions of ORS chapters 756, 757, 758 and 759 are cumulative thereto. [Formerly 760.045; 1973 c.776 §27; 1987 c.447 §87; 1995 c.733 §64]

Source: Section 756.200 — Effect of utility laws on common law and other statutory rights of action, duties and liabilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 759.698 — OR Code / Title 57 / Chapter 759 / Section 759.698
759.698 Eligibility
Status: in_force

(1) Intentionally left blank —Ed.

(a) In order to be eligible to receive assistive telecommunication devices, adaptive equipment or communication facilitator services, individuals must be certified as deaf, deaf-blind, hard of hearing or speech impaired by a licensed physician, physician assistant, nurse practitioner, audiologist, hearing aid specialist, speech-language pathologist, rehabilitation instructor for persons who are blind or vocational rehabilitation counselor of the Department of Human Services. Certification implies that the individual cannot use the telephone for expressive or receptive communication.

(b) No more than one assistive telecommunication device or adaptive equipment device may be provided to a household. However, two assistive telecommunication devices or adaptive equipment devices may be provided to a household if more than one eligible person permanently resides in the household. Households without any assistive telecommunication devices or adaptive equipment shall be given priority over households with one assistive telecommunication device or adaptive equipment device when such devices are distributed.

(c) ORS 759.693 (Definitions) to 759.698 (Eligibility) do not require a telecommunications utility to provide an assistive telecommunication device to any person in violation of ORS 646.730 (Monopolies prohibited) .

(2) Intentionally left blank —Ed.

(a) In order to be eligible to receive adaptive equipment, individuals must be certified to have the required disability by a person or agency designated by the Public Utility Commission to make such certifications. Certification implies that the individual is unable to use the telephone.

(b) ORS 759.693 (Definitions) to 759.698 (Eligibility) do not require a telecommunications utility to provide adaptive equipment to any person in violation of ORS 646.730 (Monopolies prohibited) . [1987 c.290 §14; 1989 c.115 §1; 1991 c.872 §7; 1995 c.280 §33; 1999 c.384 §5; 2007 c.28 §2; 2007 c.70 §357; 2011 c.264 §4; 2014 c.45 §84; 2019 c.113 §5]

Source: Section 759.698 — Eligibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.032 — OR Code / Title 57 / Chapter 756 / Section 756.032
756.032 Employee dismissal for retention of prohibited interests or failure to file statements
Status: in_force

(1) The Public Utility Commission shall dismiss an employee:

(a) Who fails to file the statement required by ORS 756.028 (Employee statements regarding prohibited interests) before the 11th day after the date of employment.

(b) Who fails to file the supplementary statement required by ORS 756.028 (Employee statements regarding prohibited interests) before the 11th day after the acquisition of a pecuniary interest.

(c) Who fails to cause divestiture of a pecuniary interest within the time specified in an order issued pursuant to ORS 756.028 (Employee statements regarding prohibited interests) .

(2) Dismissal of an employee under subsection (1) of this section is subject to the procedure and appeal provided in ORS 240.555 (Suspension, reduction, demotion or dismissal) , 240.560 (Appeal procedure) and 240.570 (Classified employee filling position in unclassified, exempt or management service) . An employee so dismissed is eligible for reemployment. [1971 c.655 §6; 1979 c.468 §34; 2003 c.14 §452; 2014 c.22 §2]

Source: Section 756.032 — Employee dismissal for retention of prohibited interests or failure to file statements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 759.700 — OR Code / Title 57 / Chapter 759 / Section 759.700
759.700 Definitions for ORS 759.700 to 759.720
Status: in_force

As used in ORS 759.700 (Definitions for ORS 759.700 to 759.720) to 759.720 (Action against information provider for failure to comply with law) :

(1) “Information provider” means any person, company or corporation that operates an information delivery service on a pay-per-call basis.

(2) “Information delivery service” means any telephone-recorded messages, interactive programs or other information services that are provided for a charge to a caller through an exclusive telephone number prefix or service access code. Where a preexisting written contract exists between the customer and the information provider, this definition does not apply. [1991 c.672 §7]

Source: Section 759.700 — Definitions for ORS 759.700 to 759.720 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.515 — OR Code / Title 57 / Chapter 756 / Section 756.515
756.515 Investigations and hearings on commission’s own motion
Status: in_force

(1) Whenever the Public Utility Commission believes that any rate may be unreasonable or unjustly discriminatory, or that any service is unsafe or inadequate, or is not afforded, or that an investigation of any matter relating to any public utility or telecommunications utility or other person should be made, or relating to any person to determine if such person is subject to the commission’s regulatory jurisdiction, the commission may on motion summarily investigate any such matter, with or without notice.

(2) If after making such investigation the commission is satisfied that sufficient grounds exist to warrant a hearing being ordered upon any such matter, the commission shall furnish any public utility or telecommunications utility or other person interested a statement notifying it of the matters under investigation, which statement shall be accompanied by a notice fixing the time and place for hearing upon such matters in the manner provided in ORS 756.512 (Notice of complaint to defendant) for notice of complaint.

(3) Thereafter proceedings shall be had and conducted in reference to the matters investigated in like manner as though complaint had been filed with the commission relative thereto, and the same orders may be made in reference thereto as if such investigation had been made on complaint.

(4) The commission may, after making an investigation on the commission’s motion, but without notice or hearing, make such findings and orders as the commission deems justified or required by the results of such investigation. Except as provided in subsections (5) and (6) of this section such findings and orders have the same legal force and effect as any other finding or order of the commission.

(5) In addition to any other remedy provided by law, any party aggrieved by an order entered pursuant to subsection (4) of this section may request the commission to 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 a request for hearing.

(6) If the commission receives a request for hearing pursuant to subsection (5) of this section, the order is suspended pending the outcome of the hearing unless the commission finds that the order is necessary for the public health or safety or to prevent the dissipation of assets of a business or activity subject to the commission’s regulatory jurisdiction. [Formerly 757.515; 1973 c.776 §29; 1975 c.318 §1; 1983 c.703 §18; 1987 c.447 §92; 1995 c.733 §69]

Source: Section 756.515 — Investigations and hearings on commission’s own motion; hearings for aggrieved persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.656 — OR Code / Title 57 / Chapter 757 / Section 757.656
757.656 Failure to comply with ORS 757.600 to 757.667
Status: in_force

Any claim that an electric company has failed to comply with ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) shall be filed as a complaint with the Public Utility Commission pursuant to ORS 756.500 (Complaint) . After reasonable notice to the electric company and exhausting all available remedies before the commission, any person injured by an electric company’s failure to comply with any provision of ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) may file an action in the circuit court for the county where the electric company has its principal business office in this state for an order requiring compliance with ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) . [1999 c.865 §13]

Source: Section 757.656 — Failure to comply with ORS 757.600 to 757.667; cause of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.552 — OR Code / Title 57 / Chapter 757 / Section 757.552
757.552 Duties of center
Status: in_force

(1) It is the function of the board of directors to operate the Oregon Utility Notification Center, through which a person shall notify operators of underground facilities of proposed excavations and request that the underground facilities be marked.

(2) The board of directors shall:

(a) Utilize a competitive process to contract with any qualified person to provide the notification required under subsection (1) of this section.

(b) Subject to subsection (3) of this section, establish rates, on a per call basis, under which subscribers shall pay to fund all of the activities of the Oregon Utility Notification Center.

(c) Adopt rules according to ORS chapter 183 that regulate the notification and marking of underground facilities to prevent damage to underground facilities. The rules, insofar as is practicable, shall be consistent with the Oregon Utilities Coordinating Council Standards Manual of March 31, 1995.

(3) The Oregon Utility Notification Center shall have all of the powers of a state agency. Except as provided in subsection (2) of this section, the provisions of ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the Oregon Utility Notification Center.

(4) Notwithstanding subsection (2)(b) of this section, the board of directors shall not establish rates or other charges that require payments from any subscriber who receives fewer than 50 telephone calls in the calendar year or that result in annual payments of more than $500 for any of the following subscribers:

(a) Cities with a population under 15,000;

(b) Telecommunications utilities serving fewer than 50,000 access lines and regulated by the Public Utility Commission under ORS chapter 759;

(c) Cable system operators serving fewer than 15,000 customers;

(d) Utilities, special districts, people’s utility districts or authorities providing electricity, water or sanitary sewer service to fewer than 15,000 residential customers; and

(e) Telecommunications cooperatives. [1995 c.691 §3; 1999 c.451 §3; 2001 c.104 §293; 2003 c.794 §329; 2012 c.107 §69]

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

Source: Section 757.552 — Duties of center; fees for services; rules; exemption from certain financial administration laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.267 — OR Code / Title 57 / Chapter 759 / Section 759.267
759.267 Service promotion activities
Status: in_force

A telecommunications utility may promote the use of its services by offering a waiver of part or all of a recurring or a nonrecurring charge, a redemption coupon or a premium with the purchase of a service. ORS 759.260 (Unjust discrimination in rates) and 759.265 (Practices not constituting unjust discrimination) do not apply to promotions under this section, but the customer group to which the promotion is available must be based on reasonable distinctions among customers. [1993 c.204 §4]

Source: Section 759.267 — Service promotion activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.720 — OR Code / Title 57 / Chapter 757 / Section 757.720
757.720 Factors to be considered in approving plan
Status: in_force

(1) Approval of utility plans for the curtailment of load shall be based on the following factors:

(a) The consistency of the plan with the public health, safety and welfare;

(b) The technical feasibility of implementation of the plan;

(c) The effectiveness with which the plan minimizes the impact of any curtailment; and

(d) Consistency with Oregon energy policies formulated under ORS 469.010 (Policy) to 469.155 (Advisory energy conservation standards for dwellings) , 469.300 (Definitions) to 469.563 (Court orders for enforcement) and 757.710 (Emergency curtailment plan required) and this section.

(2) In the event of an emergency threatening the health, safety and welfare of the general public, the Public Utility Commission may on the commission’s own motion and without hearing establish a plan for the curtailment of load by any person referred to in ORS 757.710 (Emergency curtailment plan required) . If an emergency is not present, the commission shall prior to approval hold public hearings with respect to any proposed plan and give reasonable notice of such hearings.

(3) The commission shall consult with the Director of the State Department of Energy before approving a plan. [1973 c.309 §3; 1975 c.606 §11; 2005 c.22 §508]

Source: Section 757.720 — Factors to be considered in approving plan; authority to establish plan; consultation with State Department of Energy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.710 — OR Code / Title 57 / Chapter 757 / Section 757.710
757.710 Emergency curtailment plan required
Status: in_force

(1) Any person, as defined in ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) , engaged in the sale or resale of electricity or natural or synthetic gas in this state shall present for approval by the Public Utility Commission a plan for curtailment of electrical or gas load in the event of any predictable circumstance that may jeopardize prolonged continuity of service. Utility plans shall be submitted in such form and within such time limits as the commission shall specify.

(2) Utility plans may provide for a credit against future curtailment for a customer who has already accomplished a reduction in demand for the utility’s service by installing an alternative energy device or by weatherization or other installed conservation measures equivalent to the proposed level of curtailment. Where the level of curtailment exceeds the demand reduction produced, by the conservation measures or installed alternative energy device of the customer, the utility plan may provide for credit against the level of curtailment ordered to the extent of the demand reduction produced by the conservation measure or alternate energy device.

(3) The commission shall approve the feature of any plan concerning such credit against curtailment to the extent of the demand reduction produced and shall not penalize either the utility or the customer, in the event of a curtailment order, under ORS 757.720 (Factors to be considered in approving plan) for the amount of reduced demand. [1973 c.309 §2; 1975 c.606 §10; 1979 c.355 §1]

Source: Section 757.710 — Emergency curtailment plan required; credits for weatherization or alternate energy devices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.852 — OR Code / Title 57 / Chapter 757 / Section 757.852
757.852 Acquisition of incumbent utility
Status: in_force

(1) As soon as practicable after being appointed, the board of directors of Oregon Community Power shall implement the agreement entered into by an acquisition review committee under ORS 757.814 (Creation of acquisition review committee) (4)(b).

(2) Notwithstanding ORS 757.890 (Eminent domain) (1), Oregon Community Power may not use the power of eminent domain to accomplish all or a part of an acquisition described in subsection (1) of this section unless the incumbent utility or the persons that have the authority to negotiate the disposition of the incumbent utility or the electric utility assets of the incumbent utility consent to the use of eminent domain for acquisition purposes. [2007 c.807 §11]

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

Source: Section 757.852 — Acquisition of incumbent utility; use of eminent domain , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.629 — OR Code / Title 57 / Chapter 757 / Section 757.629
757.629 Reciprocal sales to nonresidential electricity consumers
Status: in_force

An electric utility that sells electricity, either directly or through a related party, to a nonresidential electricity consumer of another electric utility in this state shall permit any other electricity service supplier to sell electricity to nonresidential electricity consumers of the electric utility. [1999 c.865 §11]

Source: Section 757.629 — Reciprocal sales to nonresidential electricity consumers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.012 — OR Code / Title 57 / Chapter 758 / Section 758.012
758.012 Notice of intent to build transmission line to consumer-owned utilities and public utilities
Status: in_force

(1) As used in this section:

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

(b) “Transmission line” means a linear utility facility by which a utility provider transmits or transfers electricity from a point of origin or generation or between transfer stations.

(2) A person who applies for a permit with the Energy Facility Siting Council or with a county to build a transmission line must notify each people’s utility district organized under ORS chapter 261, municipal utility organized under ORS chapter 225, electric cooperative organized under ORS chapter 62 and public utility in whose service territory the transmission line will be constructed of the intent to receive approval for the construction of the transmission line unless the person is:

(a) A people’s utility district organized under ORS chapter 261, a municipal utility organized under ORS chapter 225 or an electric cooperative organized under ORS chapter 62; or

(b) A public utility. [2013 c.235 §2]

Source: Section 758.012 — Notice of intent to build transmission line to consumer-owned utilities and public utilities; exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 758.555 — OR Code / Title 57 / Chapter 758 / Section 758.555
758.555 Effect of energy sales on qualifying facility
Status: in_force

A qualifying facility shall not become a public utility within the meaning of ORS 757.005 (Definition of public utility) on account of sales made 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) . [1983 c.799 §6]

Source: Section 758.555 — Effect of energy sales on qualifying facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).