ORS § 757.273 — OR Code / Title 57 / Chapter 757 / Section 757.273
757.273 Attachments to public utility and telecommunications utility facilities regulated
Status: in_force

The Public Utility Commission of Oregon shall have the authority to regulate in the public interest the rates, terms and conditions for attachments by licensees to poles or other facilities of public utilities and telecommunications utilities. All rates, terms and conditions made, demanded or received by any public utility or telecommunications utility for any attachment by a licensee shall be just, fair and reasonable. [1979 c.356 §3; 1989 c.5 §5]

Source: Section 757.273 — Attachments to public utility and telecommunications utility facilities regulated , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.736 — OR Code / Title 57 / Chapter 757 / Section 757.736
757.736 Surcharges for funding costs of removing Klamath River dams
Status: in_force

(1) Not more than 30 days after the execution of a final agreement, PacifiCorp must file a copy of the final agreement with the Public Utility Commission along with full and complete copies of all analyses or studies that relate to the rate-related costs, benefits and risks for customers of removing or relicensing Klamath River dams and that were reviewed by PacifiCorp during the decision-making process that led to PacifiCorp’s entering into the final agreement.

(2) PacifiCorp must include with the filing made under subsection (1) of this section tariffs for the collection of two nonbypassable surcharges from its customers for the purpose of paying the costs of removing Klamath River dams as described in subsection (11) of this section. Notwithstanding the commission’s findings and conclusions under subsection (4) of this section, the commission shall require PacifiCorp to begin collecting the surcharges on the date that the filing is made under subsection (1) of this section, or on January 1, 2010, whichever is later, and PacifiCorp shall continue to collect the surcharges pending a final decision on the commission’s order under subsection (4) of this section. The surcharges imposed under this section shall be:

(a) A surcharge for the costs of removing the J.C. Boyle Dam; and

(b) A surcharge for the costs of removing the Copco 1 Dam, the Copco 2 Dam and the Iron Gate Dam.

(3) The surcharges imposed under this section may not exceed the amounts necessary to fund Oregon’s share of the customer contribution of $200 million identified in the agreement in principle. In addition, the total amount collected in a calendar year under both surcharges may not exceed more than two percent of PacifiCorp’s annual revenue requirement as determined in PacifiCorp’s last case under ORS 757.210 (Hearing to establish new schedules) decided by the commission before January 1, 2010.

(4) Not more than six months after a filing is made under subsection (1) of this section, the commission shall conduct a hearing under ORS 757.210 (Hearing to establish new schedules) on the surcharges imposed under this section, and shall enter an order setting forth findings and conclusions as to whether the imposition of surcharges under the terms of the final agreement results in rates that are fair, just and reasonable.

(5) Notwithstanding ORS 183.482 (Jurisdiction for review of contested cases) (1), jurisdiction for judicial review of any appeal of an order entered under subsection (4) of this section is conferred on the Supreme Court, and a person seeking judicial review of the order must file a petition for review with the Supreme Court in the manner provided by ORS 183.482 (Jurisdiction for review of contested cases) . ORS 183.482 (Jurisdiction for review of contested cases) (3) does not apply to an order entered under subsection (4) of this section. If a petition for review is filed, the surcharges imposed under the terms of the final agreement shall remain in effect pending a final decision on the petition, but shall be refunded if the rates resulting from the surcharges are finally determined not to be fair, just and reasonable. A petition filed under this subsection must indicate on its face that the petition is filed pursuant to this subsection.

(6) The commission may not use any commercially sensitive information provided to the commission in a filing made under subsection (1) of this section for any purpose other than determining whether the imposition of surcharges under the terms of the final agreement results in rates that are fair, just and reasonable. Notwithstanding ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , the commission may not release commercially sensitive information provided to the commission under this section, and shall require any person participating in a proceeding relating to the surcharge to sign a protective order prepared by the commission before allowing the participant to obtain and use the information.

(7) The surcharges imposed under this section must be of a specified amount per kilowatt hour billed to retail customers, as determined by the commission. The amount of each surcharge shall be calculated based on a collection schedule that will fund, by December 31, 2019, Oregon’s share of the customer contribution of $200 million identified in the agreement in principle. To the extent practicable, the commission shall set the surcharges so that total annual collections of the surcharges remain approximately the same during the collection period, and, when setting the rate for the surcharges, the commission shall account for the actual and expected changes in energy usage over the collection period and account for the actual and expected changes in interest rates on the collected funds over the collection period. The commission may change the collection schedule if a Klamath River dam will be removed during a year other than 2020.

(8) Except as provided in ORS 757.738 (Surcharge trust accounts related to removal of Klamath River dams) (2), all amounts collected under the surcharges imposed under this section shall be paid into the appropriate trust account established under ORS 757.738 (Surcharge trust accounts related to removal of Klamath River dams) .

(9) If the commission determines at any time that amounts have been collected under this section in excess of those needed, or in excess of those allowed, the commission must:

(a) Direct the trustee of the appropriate trust account under ORS 757.738 (Surcharge trust accounts related to removal of Klamath River dams) to refund these excess amounts to customers or to otherwise use these amounts for the benefit of customers; or

(b) Adjust future surcharge amounts as necessary to offset the excess amounts.

(10) If one or more Klamath River dams will not be removed, the commission shall direct PacifiCorp to terminate collection of all or part of the surcharges imposed under this section. In addition, the commission shall direct the trustee of the appropriate trust account under ORS 757.738 (Surcharge trust accounts related to removal of Klamath River dams) to apply any excess balances in the accounts to Oregon’s allocated share of prudently incurred costs to implement Federal Energy Regulatory Commission relicensing requirements. If any excess amounts remain in the trust accounts after that application, the Public Utility Commission shall order that the excess amounts be refunded to customers or otherwise be used for the benefit of customers in accordance with Public Utility Commission rules and policies.

(11) For the purposes of subsection (2) of this section, “the costs of removing Klamath River dams” includes costs of:

(a) Physical removal of the dams;

(b) Site remediation and restoration;

(c) Avoiding downstream impacts of dam removal;

(d) Downstream impacts of dam removal;

(e) Permits that are required for the removal;

(f) Removal and disposal of sediment, debris and other materials, if necessary; and

(g) Compliance with environmental laws. [2009 c.690 §4; 2011 c.394 §1]

Source: Section 757.736 — Surcharges for funding costs of removing Klamath River dams; judicial review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.335 — OR Code / Title 57 / Chapter 759 / Section 759.335
759.335 Obligation of state as consequence of approval of issuance
Status: in_force

No provision of ORS 759.300 (“Stocks” defined) to 759.360 (Prohibited acts regarding issuance of securities) , and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the State of Oregon to pay or guarantee, in any manner whatsoever, any stock or bond, note or other evidence of indebtedness, authorized, issued or executed under the provisions of ORS 759.300 (“Stocks” defined) to 759.360 (Prohibited acts regarding issuance of securities) . [1987 c.447 §35]

Source: Section 759.335 — Obligation of state as consequence of approval of issuance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.290 — OR Code / Title 57 / Chapter 757 / Section 757.290
757.290 Regulatory procedures
Status: in_force

The procedures of the Public Utility Commission for petition, regulation and enforcement relative to attachments, including any rights of appeal from any decision thereof, shall be the same as those otherwise generally applicable to the commission. [1979 c.356 §9; 1987 c.414 §167]

Source: Section 757.290 — Regulatory procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.695 — OR Code / Title 57 / Chapter 757 / Section 757.695
757.695 Mitigation of energy burdens
Status: in_force

(1) In addition to comprehensive classifications, tariff schedules, rates and bill credits, the Public Utility Commission may address the mitigation of energy burdens through bill reduction measures or programs that may include, but need not be limited to, demand response or weatherization.

(2) The costs of tariff schedules, rates, bill credits or program discounts allowed pursuant to subsection (1) of this section must be collected in the rates of an electric company through charges paid by all retail electricity consumers, such that retail electricity consumers that purchase electricity from electricity service suppliers pay the same amount to address the mitigation of energy burdens as retail electricity consumers that are not served by electricity service suppliers. [2021 c.90 §7]

Source: Section 757.695 — Mitigation of energy burdens; costs collection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.660 — OR Code / Title 57 / Chapter 759 / Section 759.660
759.660 Fixing charges or rates
Status: in_force

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

(2) When the order applies to a people’s utility district, the order also shall provide for payment by the parties of the cost of the hearing. The payment shall be made in a manner which the commission considers equitable. [1987 c.414 §166d; 1987 c.447 §24; 1989 c.5 §19]

Source: Section 759.660 — Fixing charges or rates; criteria; costs of hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.475 — OR Code / Title 57 / Chapter 758 / Section 758.475
758.475 Fees
Status: in_force

Except in cases under ORS 758.430 (Amendment of contract) and 758.460 (Assignment or transfer of rights acquired by allocation) where no hearing is required, to cover the costs of administering 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) the Public Utility Commission is required to receive fees before filing any contract, application, petition, complaint, protest, appearance, motion, answer or other pleading and for holding any hearing. All fees shall be collected in accordance with the following schedule:

(1) Filing application for allocated territory under ORS 758.435 (Application for allocation of territory) by a person having annual gross revenue derived from within the state for the calendar year 1960:

(a) In excess of $5 million or more, a fee of two-tenths of one mill of such revenue but in no event shall such fee exceed, $10,000.

(b) In excess of $100,000 but less than $5 million, $100.

(c) Less than $100,000, $50.

(2) Filing a contract or application under ORS 758.015 (Certificate of public convenience and necessity) or 758.420 (Filing of contract) , $100.

(3) Filing petition or complaint, $25.

(4) Filing protest, appearance, motion, answer or other pleading, $10.

(5) Filing an application for allocated territory under ORS 758.435 (Application for allocation of territory) subsequent to an original allocation and payment of fee under subsection (1) of this section, $100. [Formerly 757.685; 1983 c.540 §7]

Source: Section 758.475 — Fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 758.415 — OR Code / Title 57 / Chapter 758 / Section 758.415
758.415 Enforceability of contract approved by commission
Status: in_force

Notwithstanding any other provisions of law, a contract entered into pursuant to ORS 758.410 (Contracts for allocation of territories and customers) , when approved by the Public Utility Commission as provided in ORS 758.420 (Filing of contract) to 758.475 (Fees) , shall be valid and enforceable; provided, that the commission shall approve such a contract only if the commission finds, after a hearing as provided in ORS 758.420 (Filing of contract) to 758.475 (Fees) , that the contract will eliminate or avoid unnecessary duplicating facilities, and will promote the efficient and economic use and development and the safety of operation of the utility systems of the parties to the contract, while providing adequate and reasonable service to all territories and customers affected thereby. [Formerly 757.620]

Source: Section 758.415 — Enforceability of contract approved by commission; conditions for approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 756.500 — OR Code / Title 57 / Chapter 756 / Section 756.500
756.500 Complaint
Status: in_force

(1) Any person may file a complaint before the Public Utility Commission, or the commission may, on the commission’s own initiative, file such complaint. The complaint shall be against any person whose business or activities are regulated by some one or more of the statutes, jurisdiction for the enforcement or regulation of which is conferred upon the commission. The person filing the complaint shall be known as the complainant and the person against whom the complaint is filed shall be known as the defendant.

(2) It is not necessary that a complainant have a pecuniary interest in the matter in controversy or in the matter complained of, but the commission shall not grant any order of reparation to any person not a party to the proceedings in which such reparation order is made.

(3) The complaint shall state all grounds of complaint on which the complainant seeks relief or the violation of any law claimed to have been committed by the defendant, and the prayer of the complaint shall pray for the relief to which the complainant claims the complainant is entitled.

(4) The complaint may, at any time before the completion of taking of evidence, be amended by order of the commission. However, if a charge not contained in the original complaint or a prior amended complaint is sought to be made by any such amendment, the defendant shall be given a reasonable time to investigate the new charge and answer the amended complaint. The final hearing shall, if necessary, be continued until some date after the defendant has had a reasonable time to investigate and be prepared to meet the amended complaint.

(5) Notwithstanding subsection (1) of this section, any public utility or telecommunications utility may make complaint as to any matter affecting its own rates or service with like effect as though made by any other person, by filing an application, petition or complaint with the commission. [Formerly 756.520; 1987 c.447 §91; 1995 c.733 §68]

Source: Section 756.500 — Complaint; persons entitled to file; contents; amendments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.210 — OR Code / Title 57 / Chapter 757 / Section 757.210
757.210 Hearing to establish new schedules
Status: in_force

(1) Intentionally left blank —Ed.

(a) Whenever any public utility files with the Public Utility Commission any rate or schedule of rates stating or establishing a new rate or schedule of rates or increasing an existing rate or schedule of rates, the commission may, either upon written complaint or upon the commission’s own initiative, after reasonable notice, conduct a hearing to determine whether the rate or schedule is fair, just and reasonable. The commission shall conduct the hearing upon written complaint filed by the utility, its customer or customers, or any other proper party within 60 days of the utility’s filing; provided that no hearing need be held if the particular rate change is the result of an automatic adjustment clause. At the hearing the utility shall bear the burden of showing that the rate or schedule of rates proposed to be established or increased or changed is fair, just and reasonable. The commission may not authorize a rate or schedule of rates that is not fair, just and reasonable.

(b) As used in this subsection, “automatic adjustment clause” means a provision of a rate schedule that provides for rate increases or decreases or both, without prior hearing, reflecting increases or decreases or both in costs incurred, taxes paid to units of government or revenues earned by a utility and that is subject to review by the commission at least once every two years.

(2) Intentionally left blank —Ed.

(a) Subsection (1) of this section does not apply to rate changes under an approved alternative form of regulation plan, including a resource rate plan under ORS 757.212 (Resource rate plans) .

(b) Any alternative form of regulation plan shall include provisions to ensure that the plan operates in the interests of utility customers and the public generally and results in rates that are just and reasonable and may include provisions establishing a reasonable range for rate of return on investment. In approving a plan, the commission shall, at a minimum, consider whether the plan:

(A) Promotes increased efficiencies and cost control;

(B) Is consistent with least-cost resources acquisition policies;

(C) Yields rates that are consistent with those that would be obtained following application of ORS 757.269 (Setting of rates based upon income taxes paid by utility) ;

(D) Is consistent with maintenance of safe, adequate and reliable service; and

(E) Is beneficial to utility customers generally, for example, by minimizing utility rates.

(c) As used in this subsection, “alternative form of regulation plan” means a plan adopted by the commission upon petition by a public utility, after notice and an opportunity for a hearing, that sets rates and revenues and a method for changes in rates and revenues using alternatives to cost-of-service rate regulation.

(d) Prior to implementing a rate change under an alternative form of regulation plan, the utility shall present a report that demonstrates the calculation of any proposed rate change at a public meeting of the commission.

(3) Except as provided in ORS 757.212 (Resource rate plans) , the commission, at any time, may order a utility to appear and establish that any, or all, of its rates in a plan authorized under subsection (2) of this section are in conformity with the plan and are just and reasonable. Except as provided in ORS 757.212 (Resource rate plans) , such rates, and the alternative form of regulation plan under which the rates are set, also shall be subject to complaint under ORS 756.500 (Complaint) .

(4) Periodically, but not less often than every two years after the implementation of a plan referred to in subsection (2) of this section, the commission shall submit a report to the Legislative Assembly that shows the impact of the plan on rates paid by utility customers.

(5) The commission and staff may consult at any time with, and provide technical assistance to, utilities, their customers, and other interested parties on matters relevant to utility rates and charges. If a hearing is held with respect to a rate change, the commission’s decisions shall be based on the record made at the hearing. [Amended by 1971 c.655 §70a; 1981 c.715 §1; 1985 c.550 §2; 1987 c.447 §97; 1987 c.613 §1; 1989 c.5 §§3,23; 1995 c.785 §1; 2001 c.913 §3; 2005 c.845 §5; 2011 c.137 §3]

Source: Section 757.210 — Hearing to establish new schedules; alternative regulation plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.966 — OR Code / Title 57 / Chapter 757 / Section 757.966
757.966 Consumer-owned utility required to develop wildfire mitigation plan
Status: in_force

(1) As used in this section, “consumer-owned utility” and “governing body” have the meanings given those terms in ORS 757.600 (Definitions for ORS 757.600 to 757.687) .

(2) A consumer-owned utility must have and operate in compliance with a risk-based wildfire mitigation plan approved by the governing body of the utility. The plan must be designed to protect public safety, reduce risk to utility customers and promote electrical system resilience to wildfire damage.

(3) The consumer-owned utility shall regularly update the risk-based wildfire mitigation plan on a schedule the governing body deems consistent with prudent utility practices.

(4) A consumer-owned utility shall conduct a wildfire risk assessment of utility facilities. The utility shall review and revise the assessment on a schedule the governing body deems consistent with prudent utility practices.

(5) A consumer-owned utility shall submit a copy of the risk-based wildfire mitigation plan approved by the utility governing body to the Public Utility Commission to facilitate commission functions regarding statewide wildfire mitigation planning and wildfire preparedness. [2021 c.592 §4]

Source: Section 757.966 — Consumer-owned utility required to develop wildfire mitigation plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 774.120 — OR Code / Title 57 / Chapter 774 / Section 774.120
774.120 Inclusion of information in utility billings
Status: in_force

(1) Upon request by the Citizens’ Utility Board pursuant to this section, each utility shall include in billings to a utility consumer materials prepared and furnished by the Citizens’ Utility Board, not exceeding in folded size the dimensions of the envelope customarily used by such utility to send billings to its customers.

(2) The Citizens’ Utility Board shall not intentionally make any false material statement in any material submitted to a utility for inclusion with a billing. If the utility believes that the Citizens’ Utility Board has intentionally made false material statements in an enclosure, it may file a complaint with the Public Utility Commission of Oregon within five days of receipt. The Public Utility Commission of Oregon must review the complaint within 10 days, and if the commission determines that the Citizens’ Utility Board has intentionally made false material statements, the commission shall give the Citizens’ Utility Board of Governors written notification that specifies any false material statements made and the reasons why the commission determines the statements to be false.

(3) No utility shall be required to enclose Citizens’ Utility Board material with a billing more than six times in any calendar year.

(4) The Citizens’ Utility Board shall notify a utility of its intention to include under the provisions of this chapter any material in any specified periodic billing or billings not fewer than 30 calendar days prior to the mailing of the periodic billings and shall supply the utility with the material not fewer than 20 calendar days prior to the mailing of the periodic billings.

(5) All material submitted by the Citizens’ Utility Board for inclusion in a utility billing must include the return address of the Citizens’ Utility Board. A utility is not required to deliver or forward to the Citizens’ Utility Board material intended for the Citizens’ Utility Board mistakenly sent to the utility. However, a utility shall retain such materials for a period of 60 days from the date of receipt. The utility shall notify the Citizens’ Utility Board that such materials have been received and make these materials available to the Citizens’ Utility Board on demand. [1985 c.1 §10]

Source: Section 774.120 — Inclusion of information in utility billings; frequency; notice; duty of utility to forward board mail , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 757.445 — OR Code / Title 57 / Chapter 757 / Section 757.445
757.445 Wrongful issues or use of proceeds by utility
Status: in_force

A public utility may not, directly or indirectly, issue or cause to be issued any stock or bond, note or other evidence of indebtedness, in nonconformity with the order of the Public Utility Commission authorizing the same or contrary to the provisions of ORS 757.400 (“Stocks” defined for ORS 757.400 to 757.463) to 757.463 (Security interest as collateral in rate recovery assets) , or of the Constitution of this state, or apply the proceeds from the sale thereof, or any part thereof, to any purpose other than the purposes specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount in the order authorized for such purpose. [Amended by 2023 c.529 §11]

Source: Section 757.445 — Wrongful issues or use of proceeds by utility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.276 — OR Code / Title 57 / Chapter 757 / Section 757.276
757.276 Attachments by licensees to consumer-owned utility facilities regulated
Status: in_force

The Public Utility Commission of Oregon shall have the authority to regulate the rates, terms and conditions for attachments by licensees to poles or other facilities of consumer-owned utilities. All rates, terms and conditions made, demanded or received by any consumer-owned utility for any attachment by a licensee shall be just, fair and reasonable. [1979 c.356 §4; 1987 c.414 §164; 1999 c.832 §5]

Source: Section 757.276 — Attachments by licensees to consumer-owned utility facilities regulated , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.182 — OR Code / Title 57 / Chapter 759 / Section 759.182
759.182 Rate schedules for service promotions
Status: in_force

(1) A telecommunications utility may file rate schedules for service promotions that are offered by the utility for the purpose of:

(a) Increasing the use of the utility’s services by present or future customers;

(b) Preventing a decrease in the use of the utility’s services by present or future customers; or

(c) Inducing any person to use the utility’s services instead of a competing provider’s services.

(2) The rates charged under a service promotion by a telecommunications utility must be adequate to ensure that:

(a) The utility will recover an amount equal to the sum of the total service long run incremental cost of providing the nonessential functions of the service and the price that is charged to other telecommunications carriers for the essential functions; and

(b) The utility will recover the amount under paragraph (a) of this subsection during the average time that customers use the service.

(3) Notwithstanding ORS 759.190 (Notice of schedule change) , service promotion rate schedules become effective upon filing with the Public Utility Commission.

(4) The commission shall adopt rules governing service promotion rate schedules filed under this section. [2001 c.309 §2]

Note: 759.182 (Rate schedules for service promotions) was added to and made a part of 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 759.182 — Rate schedules for service promotions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.526 — OR Code / Title 57 / Chapter 757 / Section 757.526
757.526 Petition by electric companies and electricity service suppliers to study greenhouse gas emissions standard
Status: repealed

No sooner than 90 days after the enactment of a federal law, state law, regulation or rule regulating the emission of greenhouse gases from generating facilities, an electric company, electricity service supplier or the customer of an electric company or electricity service supplier may petition the Public Utility Commission to study the greenhouse gas emissions standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers) . If the commission undertakes the study, the commission shall determine whether the standard is still necessary to reduce greenhouse gases emitted by electric companies and electricity service suppliers and whether the standard should be repealed or maintained in whole or in part. In making the determination, the commission shall consider whether the enacted federal law, state law, regulation or rule is inconsistent with the standard or renders the standard redundant. The commission shall report the results of the study, and shall include recommendations for legislation, to the Legislative Assembly in the manner described in ORS 192.245 (Form of report to legislature) no later than 12 months after receiving the petition. [2013 c.172 §4]

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

Source: Section 757.526 — Petition by electric companies and electricity service suppliers to study greenhouse gas emissions standard; report to Legislative Assembly , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.412 — OR Code / Title 57 / Chapter 757 / Section 757.412
757.412 Exemption from securities regulation
Status: in_force

Subject to such terms and conditions as the Public Utility Commission may prescribe, the commission, by rule or order, may exempt the following from any or all of the provisions of ORS 757.400 (“Stocks” defined for ORS 757.400 to 757.463) to 757.480 (Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility) , if the commission finds that application of the law is not required by the public interest:

(1) Any stocks and bonds, notes or other evidences of indebtedness and any other security or guarantee or class of securities or guarantees for which commission authorization would otherwise be required prior to the issuance, incurrence or assumption thereof.

(2) Any public utility or class of public utilities. [1997 c.261 §3]

Note: 757.412 (Exemption from securities regulation) was added to and made a part of ORS chapter 757 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 757.412 — Exemption from securities regulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.115 — OR Code / Title 57 / Chapter 756 / Section 756.115
756.115 Failure to furnish requested information
Status: in_force

No officer, agent or employee of any public utility, or telecommunications utility shall:

(1) Fail or refuse to fill out and return any forms required by the Public Utility Commission;

(2) Fail or refuse to answer any question therein propounded;

(3) Knowingly or willfully give a false answer to any such question or evade the answer to any such question where the fact inquired of is within the person’s knowledge;

(4) Upon proper demand, fail or refuse to exhibit to the commission or any person authorized to examine the same, any book, paper, account, record or memorandum of such public utility or telecommunications utility which is in possession or under the control of the person;

(5) Fail to properly use and keep a system of accounting or any part thereof, as prescribed by the commission; or

(6) Refuse to do any act or thing in connection with such system of accounting when so directed by the commission or authorized representative. [Formerly 757.180; 1973 c.776 §23; 1987 c.447 §83; 1995 c.733 §60]

Source: Section 756.115 — Failure to furnish requested information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 757.250 — OR Code / Title 57 / Chapter 757 / Section 757.250
757.250 Standards and appliances for measuring service
Status: in_force

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

(2) The commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other conditions pertaining to the supply of the service rendered by any public utility and prescribe reasonable regulations for examination and testing of such service and for the measurement thereof. It shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for the measurements, and every public utility is required to carry into effect all orders issued by the commission relative thereto. [Amended by 1971 c.655 §75]

Source: Section 757.250 — Standards and appliances for measuring service; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 772.035 — OR Code / Title 57 / Chapter 772 / Section 772.035
772.035 Acquisition of water rights by corporations for canal, irrigation, domestic or stock purposes
Status: in_force

Any corporation organized in whole or in part for the construction of a canal for navigating or manufacturing purposes or of any ditch or flume for the purpose of conveying water for irrigating, domestic or stock purposes may condemn such waterways, water rights or privileges, or otherwise acquire established water rights or privileges, or those initiated by performing any acts required, provided or permitted by law, as may be necessary or convenient for the purpose of supplying, operating, constructing or maintaining the same.

Source: Section 772.035 — Acquisition of water rights by corporations for canal, irrigation, domestic or stock purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.900 — OR Code / Title 57 / Chapter 757 / Section 757.900
757.900 Intervention by Citizens’ Utility Board in proceedings
Status: in_force

(1) Whenever the Citizens’ Utility Board of Governors determines that an Oregon Community Power proceeding may affect the interests of utility consumers, the Citizens’ Utility Board may intervene as of right as an interested party or otherwise participate in the proceeding.

(2) The Citizens’ Utility Board shall have standing to obtain judicial or administrative review of any action of Oregon Community Power, and may intervene as of right as an interested party or otherwise participate in any proceeding that involves the review or enforcement of any action by Oregon Community Power, if the Citizens’ Utility Board of Governors determines that the action may affect the interests of utility consumers. [2007 c.807 §24]

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

Source: Section 757.900 — Intervention by Citizens’ Utility Board in proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.210 — OR Code / Title 57 / Chapter 758 / Section 758.210
758.210 Policy
Status: in_force

The legislature finds that in many areas of this state landowners, utilities and public authorities desire to convert existing overhead electric and communication facilities to underground facilities by means of special assessment proceedings. The legislature declares that a public purpose will be served and that the public welfare will be promoted by providing a procedure to accomplish such conversion by special assessment proceedings and that it is in the public interest for such conversion to be accomplished as provided in ORS 758.210 (Policy) to 758.270 (Effect of ORS 758.210 to 758.270 on existing laws and rights) . [1969 c.385 §1]

Source: Section 758.210 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 772.055 — OR Code / Title 57 / Chapter 772 / Section 772.055
772.055 Condemnation procedure
Status: in_force

No condemnation of private property shall be made under ORS 772.010 (Right of entry for survey of proposed right of way) to 772.020 (Condemnation of additional land for railway purposes) or 772.030 (Condemnation of right of way through canyon or pass for joint use by railroads) to 772.050 (Condemnation of riparian rights and for reservoirs) until compensation is made to the owner thereof, irrespective of any increased value thereof by reason of the proposed improvement by such corporation, in the manner provided in ORS chapter 35.

Source: Section 772.055 — Condemnation procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 759.410 — OR Code / Title 57 / Chapter 759 / Section 759.410
759.410 Intent of ORS 759.410
Status: in_force

(1) It is the intent of the Legislative Assembly that:

(a) The State of Oregon cease regulation of telecommunications carriers on a rate of return basis;

(b) Telecommunications carriers subject to rate of return regulation have the ability to opt out of rate of return regulation;

(c) A telecommunications carrier that opts out of rate of return regulation under this section and ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) shall be subject to price cap regulation and the carrier under price cap regulation shall continue to meet service quality requirements; and

(d) Telecommunications carriers that opt out of rate of return regulation under this section and ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) shall make payments to the state to support the use of advanced telecommunications services and to support deployment of advanced telecommunications services.

(2) A telecommunications carrier that elects to be subject to this section and ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) shall be subject to price regulation as provided in this section and shall not be subject to any other retail rate regulation, including but not limited to any form of earnings-based, rate-based or rate of return regulation.

(3) The price a telecommunications utility that elects to be subject to this section and ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) may charge for basic telephone service shall be established by the Public Utility Commission under ORS 759.425 (Universal service fund) . Subject to ORS 759.415 (Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services) , the regular tariff rate of intrastate switched access and retail telecommunications services regulated by the commission, other than basic telephone service, in effect on the date the carrier elects to be subject to this section and ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) shall be the maximum price the telecommunications carrier may charge for that service.

(4) A telecommunications carrier that elects to be subject to this section and ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) may adjust the price for intrastate switched access or a regulated retail telecommunications service between the maximum price established under this section and a price floor equal to the sum of the total service long run incremental cost of providing the service for the nonessential functions of the service and the price that is charged to other telecommunications carriers for the essential functions. Basic telephone service shall not be subject to a price floor.

(5) The price for a new regulated retail telecommunications service introduced by a telecommunications carrier within four years after the date the carrier elects to be subject to this section and ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) shall be subject to a price floor test by the commission to ensure that the service is not priced below the sum of the total service long run incremental cost of providing the service for the nonessential functions of the service and the price that is charged to other telecommunications carriers for the essential functions. Beginning on the date four years after September 1, 1999, the price of a new telecommunications service shall be subject to a price floor test by the commission to ensure that the service is not priced below the total service long run incremental cost of providing the service, without regard to whether the service is considered essential or nonessential.

(6) A telecommunications carrier that elects to be subject to this section and ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) may package and offer any of its retail telecommunications services with any other service at any price, provided the following conditions apply:

(a) Any regulated telecommunications service may be purchased separately at or below the maximum price.

(b) The price of the package is not less than the sum of the price floors of each regulated retail telecommunications service included in the package.

(c) The price of a package that is comprised entirely of regulated retail telecommunications services does not exceed the sum of the maximum prices for each of the services.

(d) The price of a package comprised of regulated and unregulated retail telecommunications services does not exceed the sum of the maximum prices established under this section for regulated services and the retail price charged by the carrier for the individual unregulated services in the package. A telecommunications carrier subject to regulation under this section shall provide notice to the commission within 30 days of a change in the price of an unregulated telecommunications service contained in the package.

(7) Nothing in this section or ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) is intended to limit the ability of a telecommunications carrier to seek deregulation of telecommunications services under ORS 759.052 (Commission authority to exempt telecommunications services from regulation) .

(8) Intentionally left blank —Ed.

(a) Notice of a price change authorized under subsection (4) of this section, of the introduction of a new regulated telecommunications service or of the packaging of services, must be given to the commission within 30 days following the effective date of the price change, new service or packaged service. Notice of a new regulated telecommunications service shall indicate the retail price charged by the carrier for the service.

(b) The commission may investigate any price change authorized under subsection (4) of this section, the price of a new regulated telecommunications service or the price of a package of services to determine that the price complies with the provisions of this section and any other applicable law. If the commission determines that the price of the service or package of services does not comply with the provisions of this section or other applicable law, the commission may order the telecommunications carrier to take such action as the commission determines necessary to bring the price into compliance with this section or other applicable law.

(9) 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) .

(10) Notwithstanding any other provision of this section, the commission shall establish prices for extended area service in a manner that allows a telecommunications carrier that elects to be subject to this section and ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) to recover all costs and lost net revenues attributable to implementing new extended area service routes. The provisions of this subsection apply to telecommunications service provided on a flat or measured basis between exchanges defined by exchange maps filed with and approved by the commission. [1999 c.1093 §25; 2001 c.966 §1; 2005 c.232 §23]

Source: Section 759.410 — Intent of ORS 759.410; establishing maximum and minimum price for telecommunications services; packaging services; notice of price change, new service; enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.054 — OR Code / Title 57 / Chapter 759 / Section 759.054
759.054 Price listing for product or service offered as part of local exchange telecommunications services
Status: in_force

(1) If the Public Utility Commission determines that a product or service offered by a telecommunications utility as part of local exchange telecommunications services can be demonstrated by the utility to be subject to competition, or that a product or service is not an essential product or service, the commission may authorize the utility to file a price list with the commission.

(2) The price list shall contain the description, terms, conditions and prices of the service or product described in subsection (1) of this section. No other schedule for price listed services need be filed with the commission. The price list or any revision of the price list is not subject to the provisions of ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) and shall become effective immediately upon filing with the commission unless a later date is specified.

(3) In determining whether a product or service is subject to competition, the commission shall consider:

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

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

(c) Existing economic or regulatory barriers to entry.

(d) Any other factors deemed relevant by the commission. [2005 c.232 §9]

Source: Section 759.054 — Price listing for product or service offered as part of local exchange telecommunications services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.590 — OR Code / Title 57 / Chapter 759 / Section 759.590
759.590 Application for service by unserved person
Status: in_force

(1) An unserved person may file an application with the Public Utility Commission for an order directing another telecommunications utility to provide local exchange service to the unserved person.

(2) The commission shall adopt rules which prescribe the form of an application filed under subsection (1) of this section and which provide for reasonable notice and opportunity for hearing to all telecommunications utilities affected by an application. [1989 c.574 §3; 1991 c.307 §2]

Source: Section 759.590 — Application for service by unserved person; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.538 — OR Code / Title 57 / Chapter 756 / Section 756.538
756.538 Taking and use of depositions
Status: in_force

(1) In any investigation, the Public Utility Commission may take the testimony of any person by deposition upon oral examination or written interrogatories for the purpose of discovery or for use in the investigation.

(2) In any proceeding requiring a hearing, the commission or any party to the proceeding may take the testimony of any person by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the proceeding, or for both purposes.

(3) Depositions may be taken within or without the State of Oregon by the commission, or any other person authorized to administer oaths, in accordance with procedures prescribed by the rules of the commission.

(4) The commission shall promulgate rules concerning the manner of applying for and taking depositions and the use thereof. Such rules shall provide reasonable provisions against abuse of such procedure and for protection of the rights of all persons affected. [1971 c.655 §45]

Source: Section 756.538 — Taking and use of depositions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 759.025 — OR Code / Title 57 / Chapter 759 / Section 759.025
759.025 Certificates of authority for persons, companies and corporations providing services on January 1, 1986
Status: in_force

(1) Notwithstanding ORS 759.020 (Certificate of authority) , the Public Utility Commission shall issue to any person, company or corporation providing intrastate telecommunications services that are subject to regulation by the commission on January 1, 1986, a certificate of authority to continue to provide those services on and after January 1, 1986.

(2) Notwithstanding any other provision of law, the commission shall issue to any cooperative corporation, or unincorporated association providing intrastate telecommunications service on January 1, 1986, a certificate of authority to continue to provide those services on and after January 1, 1986. Such actions shall not subject such cooperative corporations or association to the commission’s general powers of regulation. [Formerly 757.820]

Source: Section 759.025 — Certificates of authority for persons, companies and corporations providing services on January 1, 1986 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.915 — OR Code / Title 57 / Chapter 757 / Section 757.915
757.915 Definitions for ORS 757.915 to 757.930
Status: in_force

As used in ORS 757.915 (Definitions for ORS 757.915 to 757.930) to 757.930 (Distribution rights) :

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

(2) “Direct access” means the ability of a retail electricity consumer to purchase electricity and ancillary services, as determined by the board of directors of Oregon Community Power, directly from an entity other than Oregon Community Power.

(3) “Economic utility investment” means all investments, including plants and equipment and contractual or other legal obligations, made by Oregon Community Power and properly dedicated to generation or conservation, the full benefits of which are no longer available to consumers as a result of electing direct access, absent transition credits.

(4) “Electricity,” “electricity services” and “electricity service supplier” have the meanings given those terms in ORS 757.600 (Definitions for ORS 757.600 to 757.687) .

(5) “Nonresidential electricity consumer” means a retail electricity consumer that is not a residential electricity consumer.

(6) “Portfolio access” means the ability of a retail electricity consumer to choose from a set of product and pricing options for electricity determined by the board and may include product and pricing options offered by Oregon Community Power or by an electricity service supplier.

(7) “Retail electricity consumer” means the end user of electricity for specific purposes that is served through the distribution system of Oregon Community Power, whether or not the end user purchases the electricity from Oregon Community Power.

(8) “Transition charge” and “transition credit” have the meanings given those terms in ORS 757.600 (Definitions for ORS 757.600 to 757.687) .

(9) “Uneconomic utility investment” means all investments, including plants and equipment and contractual or other legal obligations, made by Oregon Community Power and properly dedicated to generation, conservation and workforce commitments, the full costs of which are no longer recoverable as a result of direct access, absent transition charges. [2007 c.807 §28]

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

Source: Section 757.915 — Definitions for ORS 757.915 to 757.930 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.940 — OR Code / Title 57 / Chapter 757 / Section 757.940
757.940 Delegation of powers relating to financing agreements
Status: in_force

The board of directors of Oregon Community Power may delegate to any board member, or to the chief executive officer, president, general manager or chief financial officer of Oregon Community Power, the authority to determine maturity dates, principal amounts, redemption provisions, interest rates or methods for determining variable or adjustable interest rates, denominations, methods of sale, agreements for the exchange of interest rates as an issuer under ORS 287A.335 (Agreements for exchange of interest rates) and other terms and conditions of a financing agreement that are not appropriately determined at the time of enactment or adoption of a resolution authorizing the execution of the financing agreement. The board may also delegate entering into a financing agreement or any other instrument authorized by law. This delegated authority shall be exercised subject to applicable requirements of law and any limitations and criteria as may be set forth in the resolution authorizing the execution of a financing agreement or in Oregon Community Power bylaws. [2007 c.807 §36; 2009 c.538 §14]

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

Source: Section 757.940 — Delegation of powers relating to financing agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.459 — OR Code / Title 57 / Chapter 757 / Section 757.459
757.459 State policy to encourage financing of certain costs and expenses by public utilities
Status: in_force

(1) It is the policy of the State of Oregon to encourage the financing of certain costs and expenses by public utilities at the lowest, reasonable and prudent cost to public utility customers, including, but not limited to, rate recovery expenditures.

(2) To carry out the policy described in subsection (1) of this section, the State of Oregon and all public bodies, as defined in ORS 174.109 (“Public body” defined) :

(a) Acknowledge that owners of rate recovery assets, bondholders and financing parties require certainty with respect to the owners’, bondholders’ and financing parties’ rights to enter into financing transactions that offer the lowest reasonable and prudent cost; and

(b) Pledge and agree with public utilities, assignees, bondholders and financing parties not to reduce, alter or impair, in a manner that is adverse to the public utilities, assignees, bondholders or financing parties:

(A) Rate recovery assets;

(B) Rate recovery bonds or the security for rate recovery bonds; or

(C) Rate recovery charges or the collection of rate recovery charges.

(3) The pledge and agreement described under subsection (2)(b) of this section includes the pledge and agreement not to reduce, alter or impair rate recovery assets, rate recovery bonds or the security for rate recovery bonds, or rate recovery charges or the collection of rate recovery charges by taking any of the following actions:

(a) Altering the provisions of this section or ORS 757.457 (Definitions for ORS 757.457, 757.459, 757.461 and 757.463) , 757.461 (Financing of rate recovery expenditures through rate recovery bonds) or 757.463 (Security interest as collateral in rate recovery assets) to the extent that those provisions authorize the Public Utility Commission to issue financing orders that:

(A) Create rate recovery assets;

(B) Establish rate recovery charges that may not be avoided by public utility customers, as described under ORS 757.461 (Financing of rate recovery expenditures through rate recovery bonds) (4); or

(C) Provide rights and remedies to public utilities, assignees, bondholders and financing parties;

(b) Impairing the rights or remedies of public utilities, assignees, bondholders or financing parties that are created under this section and ORS 757.457 (Definitions for ORS 757.457, 757.459, 757.461 and 757.463) , 757.461 (Financing of rate recovery expenditures through rate recovery bonds) and 757.463 (Security interest as collateral in rate recovery assets) or by a financing order, including reducing the amount of or impairing the collection of rate recovery charges until all principal, interest, premium and other amounts due on the rate recovery bonds and financing costs have been paid in full and except as provided under ORS 757.461 (Financing of rate recovery expenditures through rate recovery bonds) ; or

(c) Taking any action listed under ORS 757.461 (Financing of rate recovery expenditures through rate recovery bonds) (5)(b).

(4) A public utility or financing subsidiary that issues rate recovery bonds may include the pledge and provisions of this section in the bonds and related documentation. [2023 c.529 §3 (enacted in lieu of 757.455)]

Source: Section 757.459 — State policy to encourage financing of certain costs and expenses by public utilities; pledge and agreement related to rate recovery assets, bonds and charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.880 — OR Code / Title 57 / Chapter 757 / Section 757.880
757.880 Board duties
Status: in_force

The principal duties of the board of directors of Oregon Community Power are to:

(1) Establish policy and develop consistent positions on core utility issues that promote and implement the primary mission of Oregon Community Power under ORS 757.818 (Oregon Community Power created) ;

(2) Oversee the investments and operations of Oregon Community Power;

(3) Take all actions to ensure that revenues and income from electric utility operations are sufficient to satisfy all costs, including principal and interest payments on all outstanding bonds and other debt obligations issued by Oregon Community Power, and to maintain financial integrity in the operation of Oregon Community Power;

(4) Make decisions that are in the best interests of the consumers and communities within the service territory of Oregon Community Power and that are consistent with the primary mission of Oregon Community Power; and

(5) Consider the social, economic and environmental impacts of electricity generation, transmission and distribution in board decision-making. [2007 c.807 §18]

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

Source: Section 757.880 — Board duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 758.505 — OR Code / Title 57 / Chapter 758 / Section 758.505
758.505 Definitions for ORS 758.505 to 758.555
Status: in_force

As used in ORS 758.505 (Definitions for ORS 758.505 to 758.555) to 758.555 (Effect of energy sales on qualifying facility) :

(1) “Avoided cost” means the incremental cost to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility.

(2) “Cogeneration facility” means a facility that:

(a) Produces, through the sequential use of energy, electric energy and useful thermal energy including but not limited to heat or steam, used for industrial, commercial, heating or cooling purposes; and

(b) Is more than 50 percent owned by a person who is not an electric utility, an electric holding company, an affiliated interest or any combination thereof.

(3) “Commission” means the Public Utility Commission.

(4) “Electric utility” means a nonregulated utility or a public utility.

(5) “Index rate” means the lowest avoided cost approved by the commission for a generating utility for the purchase of energy or energy and capacity of similar characteristics including online date, duration of obligation and quality and degree of reliability.

(6) “Nonregulated utility” means an entity providing retail electric utility service to Oregon consumers that is a people’s utility district organized under ORS chapter 261, a municipal utility operating under ORS chapter 225 or an electric cooperative organized under ORS chapter 62.

(7) “Public utility” means a utility regulated by the commission under ORS chapter 757, that provides electric power to consumers.

(8) “Qualifying facility” means a cogeneration facility or a small power production facility.

(9) “Small power production facility” means a facility that:

(a) Produces energy primarily by the use of biomass, waste, solar energy, wind power, water power, geothermal energy or any combination thereof;

(b) Is more than 50 percent owned by a person who is not an electric utility, an electric utility holding company, an affiliated interest or any combination thereof; and

(c) Has a power production capacity that, together with any other small power production facility located at the same site and owned by the same person, is not greater than 80 megawatts. [1983 c.799 §1]

Source: Section 758.505 — Definitions for ORS 758.505 to 758.555 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.200 — OR Code / Title 57 / Chapter 759 / Section 759.200
759.200 Inclusion of amortizations in rates
Status: in_force

(1) In addition to powers otherwise vested in the Public Utility Commission, and subject to the limitations contained in subsection (5) of this section, under amortization schedules set by the commission, a rate or rate schedule may reflect the following:

(a) Amounts lawfully imposed retroactively by order of another governmental agency; or

(b) Amounts deferred under subsection (2) of this section.

(2) Upon application of a telecommunications utility or ratepayer or upon the commission’s own motion and after public notice and opportunity for comment, the commission by order may authorize deferral, for later incorporation in rates, telecommunications utility expenses or revenues, the recovery or refund of which the commission finds should be deferred in order to minimize the frequency of rate changes or the fluctuation of rate levels or to match appropriately the costs borne by and benefits received by ratepayers. The authority under this subsection is limited to the following accounts:

(a) Increases or decreases in amounts incurred by a telecommunications utility resulting from changes in jurisdictional separations approved by the Federal Communications Commission;

(b) Increases or decreases in amounts incurred by a telecommunications utility resulting from changes in depreciation rates or amortization schedules approved by the commission;

(c) Increases or decreases in amounts incurred by a telecommunications utility resulting from changes in income, excise, franchise or ad valorem taxes by the federal, state or local governments;

(d) Increases or decreases in amounts incurred by a telecommunications utility resulting from restoration of telecommunications services interrupted by floods, fires, earthquakes, storms or other acts of nature;

(e) Increases or decreases in amounts incurred by a telecommunications utility for research, development, planning and advance advertising for products and services not yet in service;

(f) Increases or decreases in amounts incurred by a telecommunications utility for telephone plant transfers and property sales approved by the commission;

(g) Increases or decreases in amounts incurred by a telecommunications utility from affiliated interest contracts and transactions approved by the commission;

(h) Increases or decreases in amounts incurred by a telecommunications utility from attorney’s fees, court settlements and court awards;

(i) Increases or decreases in amounts incurred by a telecommunications utility resulting from changes in accounting methods approved by the commission; and

(j) Increases or decreases in amounts incurred by a telecommunications utility from customer service contracts, intercompany service contracts and joint and through service arrangements.

(3) The commission may authorize deferrals under subsection (2) of this section beginning with the date of application, together with interest established by the commission. A deferral may be authorized for a period not to exceed 12 months beginning on or after the date of application.

(4) Unless subject to an automatic adjustment clause under ORS 759.180 (Hearing on reasonableness of rates) , amounts described in this section shall be allowed in rates only to the extent authorized by the commission in a proceeding to change rates and upon review of the utility’s earnings at the time of application to amortize the deferral.

(5) In any one year, the overall average rate impact of the amortizations authorized under this section shall not exceed three percent of the telecommunications utility’s gross revenues for the preceding calendar year.

(6) The provisions of this section may be used as a means of deferring the effect of readily identifiable and readily measurable changes in particular costs or revenues of a telecommunications utility, but shall not be used to implement a claim for an increase or decrease in the overall revenue requirement of a telecommunications utility when the amount of the change or changes would not be known until the completion of a rate case. [1989 c.929 §2]

Source: Section 759.200 — Inclusion of amortizations in rates; deferral of certain expenses or revenues; limitation on amounts; prohibited uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.400 — OR Code / Title 57 / Chapter 758 / Section 758.400
758.400 Definitions for ORS 758.015 and 758.400 to 758.475
Status: in_force

As used in 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) unless the context requires otherwise:

(1) “Allocated territory” means an area with boundaries established by a contract between persons furnishing a similar utility service and approved by the Public Utility Commission or established by an order of the commission approving an application for the allocation of territory.

(2) “Person” includes individuals, firms, partnerships, corporations, associations, cooperatives and municipalities, or their agent, lessee, trustee or referee.

(3) “Utility service” means service provided by any equipment, plant or facility for the distribution of electricity to users or the distribution of natural or manufactured gas to consumers through a connected and interrelated distribution system. “Utility service” does not include service provided through or by the use of any equipment, plant or facilities for the production or transmission of electricity or gas which pass through or over but are not used to provide service in or do not terminate in an area allocated to another person providing a similar utility service. [Formerly 757.605; 1979 c.62 §2; 1985 c.550 §8; 1987 c.447 §101; 1999 c.59 §232]

Source: Section 758.400 — Definitions for ORS 758.015 and 758.400 to 758.475 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 758.515 — OR Code / Title 57 / Chapter 758 / Section 758.515
758.515 Legislative findings
Status: in_force

The Legislative Assembly finds and declares that:

(1) The State of Oregon has abundant renewable resources.

(2) It is the goal of Oregon to:

(a) Promote the development of a diverse array of permanently sustainable energy resources using the public and private sectors to the highest degree possible; and

(b) Insure that rates for purchases by an electric utility from, and rates for sales to, a qualifying facility shall over the term of a contract be just and reasonable to the electric consumers of the electric utility, the qualifying facility and in the public interest.

(3) It is, therefore, the policy of the State of Oregon to:

(a) Increase the marketability of electric energy produced by qualifying facilities located throughout the state for the benefit of Oregon’s citizens; and

(b) Create a settled and uniform institutional climate for the qualifying facilities in Oregon. [1983 c.799 §2]

Source: Section 758.515 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.500 — OR Code / Title 57 / Chapter 759 / Section 759.500
759.500 Definitions for ORS 759.500 to 759.570
Status: in_force

As used in ORS 759.500 (Definitions for ORS 759.500 to 759.570) to 759.570 (Application of law to local government) , unless the context requires otherwise:

(1) “Allocated territory” means a geographic area for which the Public Utility Commission has allocated to no more than one person the authority to provide local exchange telecommunications service, the boundaries of which are set forth on an exchange map filed with and approved by the commission.

(2) “Person” includes:

(a) An individual, firm, partnership, corporation, association, cooperative or municipality; or

(b) The agent, lessee, trustee or referee of an individual or entity listed in paragraph (a) of this subsection.

(3) “Local exchange telecommunications service” has the meaning given that term in ORS 759.005 (Definitions) , except that “local exchange telecommunications service” does not include service provided through or by the use of any equipment, plant or facilities:

(a) For the provision of telecommunications services that pass through or over but are not used to provide service in or do not terminate in an area allocated to another person providing a similar telecommunications service;

(b) For the provision of local exchange telecommunications service, as defined in ORS 759.005 (Definitions) , commonly known as “private lines” or “farmer lines”; or

(c) For the provision of shared telecommunications service. [1987 c.447 §53; 2005 c.232 §24; 2007 c.825 §2]

Source: Section 759.500 — Definitions for ORS 759.500 to 759.570 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.710 — OR Code / Title 57 / Chapter 759 / Section 759.710
759.710 Pay-per-call information
Status: in_force

(1) An information provider that advertises pay-per-call services that are broadcast by radio or television, contained in home videos or that appear on movie screens must include an announcement that accurately represents the price of the service being advertised. The announcement must be clearly articulated in the language used in the body of the program or any other language spoken in the advertisement. These price disclosures shall be spoken in a normal cadence and at a volume equal to that used to announce the telephone number in the advertisement. The advertisement must state the price of the service each time the telephone number of the information provider appears in the advertisement.

(2) An information provider that advertises pay-per-call services that are broadcast by television, contained in home videos or that appear on movie screens must include, in clearly visible letters and numbers set against a contrasting background, the cost of calling the advertised number. Visual disclosure of the cost of the call must be displayed adjacent to the advertised telephone number each time the number appears in the advertisement. The lettering of the visual disclosure of the cost of the call must be the same size and typeface as that of the advertised telephone number.

(3) Except as provided in subsection (5) of this section, an information provider that advertises pay-per-call services that appear in printed material must include, in clearly visible letters and numbers set against a contrasting background, the cost of calling the advertised telephone number. The printed disclosure of the cost of the call must be displayed adjacent to the advertised number each time the number appears in the advertisement. The lettering of the visual disclosure of the cost of the call must be the same size and typeface as that of the advertised telephone number.

(4) Except as provided in subsection (5) of this section, an information provider that advertises pay-per-call services must include the price or cost, including:

(a) Any per minute charge;

(b) Any flat rate charge;

(c) Any minimum charge;

(d) The maximum charge possible for the service as determined by multiplying maximum duration in minutes by the cost per minute, unless the call has a possible indefinite duration, in which case the charge for one hour of use shall be stated;

(e) An indication whether calls are interactive or have a possible indefinite duration; and

(f) The maximum possible charges for all pay-per-call numbers to which the caller will be referred by the telephone number being advertised.

(5) An information provider that advertises pay-per-call services in telephone directory classified advertising must include a conspicuous disclosure in the advertisement that the call is a pay-per-call service. [1991 c.672 §3]

Source: Section 759.710 — Pay-per-call information; disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.280 — OR Code / Title 57 / Chapter 759 / Section 759.280
759.280 Soliciting or accepting rebates or special advantage
Status: in_force

No person shall knowingly solicit, accept or receive any rebate, concession or discrimination in respect to any service whereby any such service shall, by any device, be rendered free or at a lesser rate than that named in the published schedules and tariffs in force, or whereby any service or advantage is received other than authorized in this chapter. [1987 c.447 §50]

Source: Section 759.280 — Soliciting or accepting rebates or special advantage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.547 — OR Code / Title 57 / Chapter 757 / Section 757.547
757.547 Oregon Utility Notification Center
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Oregon Utility Notification Center is created as an independent not-for-profit public corporation. The corporation shall be governed by a board of directors consisting of one member appointed to represent each of the following:

(A) Cities with a population of 25,000 or more;

(B) Cities with a population under 25,000;

(C) Counties;

(D) Natural gas utilities regulated by the Public Utility Commission under ORS chapter 757;

(E) Electric utilities regulated by the Public Utility Commission under ORS chapter 757;

(F) Water districts, special districts, sanitary districts or water and sanitary authorities;

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

(H) Telecommunications utilities serving 50,000 access lines or more and regulated by the Public Utility Commission under ORS chapter 759;

(I) Telecommunications cooperatives;

(J) Electric cooperatives;

(K) People’s utility districts;

(L) Contractors;

(M) Excavators;

(N) Railroads;

(O) Cable system operators; and

(P) Municipal electric utilities.

(b) To facilitate appointment of members of the first board of directors, the Public Utility Commission shall, by order, select organizations that are most representative of each of the groups set forth in paragraph (a) of this subsection. Each organization so selected may nominate a member for the board and may, within the time allowed by the commission’s order, submit the name of the nominee to the Governor, who shall consider the nominee before making any other appointment to the board.

(c) After appointment of the first board of directors, to facilitate appointment of new members to the board, the board shall, by rule, select organizations that are most representative of each of the groups set forth in paragraph (a) of this subsection. Each organization so selected may nominate a member for the board and may, within the time allowed by rule, submit the name of the nominee to the Governor, who shall consider the nominee before making any other appointment to the board.

(d) If the board of directors determines that a group not listed in paragraph (a) of this subsection should be represented on the board, the board may select an organization that is most representative of the group and may ask that organization to nominate a member. Upon receipt of the nomination, the board may request that the Governor appoint the nominee.

(e) The Governor shall also appoint to the board of directors one employee of the commission and one employee of the Department of Transportation.

(2) The term of office of a member is four years. A member is eligible for reappointment. Before the expiration of the term of a member, the board of directors shall solicit a nomination as provided in subsection (1) of this section and the Governor shall appoint a successor. If there is a vacancy for any cause, the board shall solicit a nomination as provided in subsection (1) of this section and the Governor shall make an appointment to become immediately effective for the unexpired term. A member may continue to serve until a successor is appointed. Nothing in this subsection or subsection (1) of this section shall restrict the authority of the Governor to appoint a person other than one of the persons nominated according to this subsection or subsection (1) of this section.

(3) The board of directors shall select one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers as the board considers necessary for the performance of the functions of those offices. A minimum of seven of the members of the board constitutes a quorum for the transaction of business.

(4) The board of directors shall meet at least once every three months at a time and place determined by the board. The board shall meet at such other times and places specified by the call of the chairperson or of a majority of the members of the board. [1995 c.691 §2; 1999 c.451 §2]

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

Source: Section 757.547 — Oregon Utility Notification Center; board; member qualifications; terms; meetings; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.400 — OR Code / Title 57 / Chapter 757 / Section 757.400
757.400 “Stocks” defined for ORS 757.400 to 757.463
Status: in_force

As used in ORS 757.400 (“Stocks” defined for ORS 757.400 to 757.463) to 757.463 (Security interest as collateral in rate recovery assets) , “stocks” means stocks, stock certificates or other evidence of interest or ownership.

Source: Section 757.400 — “Stocks” defined for ORS 757.400 to 757.463 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 772.065 — OR Code / Title 57 / Chapter 772 / Section 772.065
772.065 Appropriation of county road or property in lieu thereof by agreement with county court
Status: in_force

(1) Whenever it is necessary for any corporation mentioned in ORS 772.010 (Right of entry for survey of proposed right of way) to appropriate all or part of any county road or highway for right of way, the corporation may appropriate so much of the road as may be necessary, and in lieu thereof may condemn or otherwise acquire property contiguous to or as near adjacent to the road as possible in an amount equal to the property to be appropriated.

(2) Upon construction by the corporation of a county road or highway on the property so acquired in a manner conformable in the material character of the construction of said highways appropriated and upon the same grade or such other grade as may be agreed upon by the corporation and the county court or board of county commissioners of the county in which the road is located, and upon the acceptance by the county court or board of such newly constructed road, and on the conveyance of same to the county, the corporation shall then become the owner and entitled to the possession of so much of the county road or highway so appropriated.

(3) ORS 772.065 (Appropriation of county road or property in lieu thereof by agreement with county court) and 772.070 (Procedure on dispute between county and corporation) do not apply to roads or streets within any platted or incorporated city or town, or any addition thereto.

Source: Section 772.065 — Appropriation of county road or property in lieu thereof by agreement with county court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.600 — OR Code / Title 57 / Chapter 757 / Section 757.600
757.600 Definitions for ORS 757.600 to 757.687
Status: in_force

As used in ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.687 (Consumer-owned utility offering direct access) , unless the context requires otherwise:

(1) “Aggregate” means combining retail electricity consumers into a buying group for the purchase of electricity and related services.

(2) “Ancillary services” means services necessary or incidental to the transmission and delivery of electricity from generating facilities to retail electricity consumers, including but not limited to scheduling, load shaping, reactive power, voltage control and energy balancing services.

(3) “Commission” means the Public Utility Commission.

(4) “Consumer-owned utility” means a municipal electric utility, a people’s utility district or an electric cooperative.

(5) “Default supplier” means an electricity service supplier or electric company that has a legal obligation to provide electricity services to a consumer, as determined by the commission.

(6) “Direct access” means the ability of a retail electricity consumer to purchase electricity and certain ancillary services, as determined by the commission for an electric company or the governing body of a consumer-owned utility, directly from an entity other than the distribution utility.

(7) “Direct service industrial consumer” means an end user of electricity that obtains electricity directly from the transmission grid and not through a distribution utility.

(8) “Distribution” means the delivery of electricity to retail electricity consumers through a distribution system consisting of local area power poles, transformers, conductors, meters, substations and other equipment.

(9) “Distribution utility” means an electric utility that owns and operates a distribution system connecting the transmission grid to the retail electricity consumer.

(10) “Economic utility investment” means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation or conservation, that were prudent at the time the obligations were assumed but the full benefits of which are no longer available to consumers as a direct result of ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) , absent transition credits. “Economic utility investment” does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties authorized and imposed under state or federal law.

(11) “Electric company” means an entity engaged in the business of distributing electricity to retail electricity consumers in this state, but does not include a consumer-owned utility.

(12) “Electric cooperative” means an electric cooperative corporation organized under ORS chapter 62 or under the laws of another state if the service territory of the electric cooperative includes a portion of this state.

(13) “Electric utility” means an electric company or consumer-owned utility that is engaged in the business of distributing electricity to retail electricity consumers in this state.

(14) “Electricity” means electric energy, measured in kilowatt-hours, or electric capacity, measured in kilowatts, or both.

(15) “Electricity services” means electricity distribution, transmission, generation or generation-related services.

(16) “Electricity service supplier” means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. “Electricity service supplier” does not include an electric utility selling electricity to retail electricity consumers in its own service territory.

(17) “Governing body” means the board of directors or the commissioners of an electric cooperative or people’s utility district, or the council or board of a city with respect to a municipal electric utility.

(18) “Load” means the amount of electricity delivered to or required by a retail electricity consumer at a specific point of delivery.

(19) “Low-income weatherization” means repairs, weatherization and installation of energy efficient appliances and fixtures for low-income residences for the purpose of enhancing energy efficiency.

(20) “Municipal electric utility” means an electric distribution utility owned and operated by or on behalf of a city.

(21) “New renewable energy resource” means a renewable energy resource project, or a new addition to an existing renewable energy resource project, or the electricity produced by the project, that is not in operation on July 23, 1999. “New renewable energy resource” does not include any portion of a renewable energy resource project under contract to the Bonneville Power Administration on or before July 23, 1999.

(22) “One average megawatt” means 8,760,000 kilowatt-hours of electricity per year.

(23) “People’s utility district” has the meaning given that term in ORS 261.010 (Definitions) .

(24) “Portfolio access” means the ability of a retail electricity consumer to choose from a set of product and pricing options for electricity determined by the governing board of a consumer-owned utility and may include product and pricing options offered by the utility or by an electricity service supplier.

(25) “Power generation company” means a company engaged in the production and sale of electricity to wholesale customers, including but not limited to independent power producers, affiliated generation companies, municipal and state authorities, provided the company is not regulated by the commission.

(26) “Qualifying expenditures” means those expenditures for energy conservation measures that have a simple payback period of not less than one year and not more than 10 years, and expenditures for the above-market costs of new renewable energy resources, provided that the State Department of Energy by rule may establish a limit on the maximum above-market cost for renewable energy that is allowed as a credit.

(27) “Renewable energy resources” means:

(a) Electricity generation facilities fueled by wind, waste, solar or geothermal power or by low-emission nontoxic biomass based on solid organic fuels from wood, forest and field residues.

(b) Dedicated energy crops available on a renewable basis.

(c) Landfill gas and digester gas.

(d) Hydroelectric facilities located outside protected areas as defined by federal law in effect on July 23, 1999.

(28) “Residential electricity consumer” means an electricity consumer who resides at a dwelling primarily used for residential purposes. “Residential electricity consumer” does not include retail electricity consumers in a dwelling typically used for residency periods of less than 30 days, including hotels, motels, camps, lodges and clubs. As used in this subsection, “dwelling” includes but is not limited to single family dwellings, separately metered apartments, adult foster homes, manufactured dwellings, recreational vehicles and floating homes.

(29) “Retail electricity consumer” means the end user of electricity for specific purposes such as heating, lighting or operating equipment, and includes all end users of electricity served through the distribution system of an electric utility on or after July 23, 1999, whether or not each end user purchases the electricity from the electric utility.

(30) “Site” means a single contiguous area of land containing buildings or other structures that are separated by not more than 1,000 feet, or buildings and related structures that are interconnected by facilities owned by a single retail electricity consumer and that are served through a single electric meter.

(31) “Transition charge” means a charge or fee that recovers all or a portion of an uneconomic utility investment.

(32) “Transition credit” means a credit that returns to consumers all or a portion of the benefits from an economic utility investment.

(33) “Transmission facility” means the plant and equipment used to transmit electricity in interstate commerce.

(34) “Undue market power” means the unfair or improper exercise of influence to increase or decrease the availability or price of a service or product in a manner inconsistent with competitive markets.

(35) “Uneconomic utility investment” means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation, conservation and workforce commitments, that were prudent at the time the obligations were assumed but the full costs of which are no longer recoverable as a direct result of ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) , absent transition charges. “Uneconomic utility investment” does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties as authorized by state or federal law. [1999 c.865 §1; 2001 c.134 §8; 2003 c.186 §75]

Source: Section 757.600 — Definitions for ORS 757.600 to 757.687 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.675 — OR Code / Title 57 / Chapter 759 / Section 759.675
759.675 Regulatory procedure
Status: in_force

The procedures of the Public Utility Commission for petition, regulation and enforcement relative to attachments, including any rights of appeal from any decision thereof, shall be the same as those applicable to the commission. [1987 c.447 §27; 1989 c.5 §21]

Source: Section 759.675 — Regulatory procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.637 — OR Code / Title 57 / Chapter 757 / Section 757.637
757.637 Comparable access to transmission and distribution facilities
Status: in_force

To the extent permissible under federal law, the Public Utility Commission shall ensure that an electric company that offers direct access:

(1) Provides electricity service suppliers and retail electricity consumers access to its transmission facilities and distribution system comparable to that provided for its own use; and

(2) Provides electricity service suppliers and retail electricity consumers timely access to information about its transmission facilities and distribution system, metering and loads comparable to that provided to its own nondistribution divisions, affiliates and related parties. [1999 c.865 §10]

Source: Section 757.637 — Comparable access to transmission and distribution facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.415 — OR Code / Title 57 / Chapter 757 / Section 757.415
757.415 Purposes for which securities and notes may be issued
Status: in_force

(1) Except as otherwise permitted by subsection (4) of this section, a public utility may issue stocks and bonds, notes and other evidences of indebtedness, certificates of beneficial interests in a trust and securities for the following purposes and no others:

(a) The acquisition of property, or the construction, completion, extension or improvement of its facilities.

(b) The improvement or maintenance of its service.

(c) The discharge or lawful refunding of its obligations.

(d) The reimbursement of money actually expended from income or from any other money in the treasury of the public utility not secured by or obtained from the issue of stocks or bonds, notes or other evidences of indebtedness, or securities of such public utility, for any of the purposes listed in paragraphs (a) to (c) of this subsection except the maintenance of service and replacements, in cases where the applicant has kept its accounts and vouchers for such expenditures in such manner as to enable the Public Utility Commission of Oregon to ascertain the amount of money so expended and the purposes for which such expenditures were made.

(e) The compliance with terms and conditions of options granted to its employees to purchase its stock, if the commission first finds that such terms and conditions are reasonable and in the public interest.

(f) The finance or refinance of bondable rate recovery expenditures as described in ORS 757.461 (Financing of rate recovery expenditures through rate recovery bonds) . Bonds, notes, certificates of beneficial interests in a trust and other evidences of indebtedness or ownership, issued for this purpose are rate recovery bonds for the purposes of ORS 757.463 (Security interest as collateral in rate recovery assets) .

(2) Before issuing such securities a public utility, in addition to the other requirements of law, shall secure from the commission upon application an order authorizing such issue, stating:

(a) The amount of the issue and the purposes to which the issue or the proceeds thereof are to be applied;

(b) In the opinion of the commission, the money, costs and expenses, property or labor to be procured, paid for or refinanced by such issue reasonably is required for the purposes specified in the order and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the applicant of service as a public utility, and will not impair its ability to perform that service; and

(c) Except as otherwise permitted in the order in the case of bonds, notes or other evidences of indebtedness, such purposes are not, in whole or in part, reasonably chargeable to operating expenses or to income.

(3) This section and ORS 757.410 (When issuance of securities is void) apply to demand notes but do not apply to the issuance or renewal of a note or evidence of indebtedness maturing not more than one year after date of such issue or renewal.

(4) Nothing in ORS 757.400 (“Stocks” defined for ORS 757.400 to 757.463) to 757.463 (Security interest as collateral in rate recovery assets) shall prevent issuance of stock to stockholders as a stock dividend if there has been secured from the commission an order:

(a) Finding that the stock dividend is compatible with the public interest;

(b) Authorizing such issue and a transfer of surplus to capital in an amount equal to the par or stated value of the stock so authorized; and

(c) Finding that a sum equal to the amount to be so transferred was expended for the purposes enumerated in subsection (1) of this section.

(5) Rate recovery bonds authorized pursuant to subsection (1)(f) of this section may be issued directly by a public utility or through a finance subsidiary. For purposes of this subsection, “finance subsidiary” means any corporation, limited liability company, company, association, trust or other entity:

(a) Intentionally left blank —Ed.

(A) That is beneficially owned, directly or indirectly, by a public utility; or

(B) In the case of a trust, for which a public utility or subsidiary thereof is the grantor; or

(b) That is unaffiliated with a public utility and acquires bondable rate recovery assets directly or indirectly from a public utility in a transaction approved by the commission. [Amended by 1961 c.319 §1; 1995 c.539 §4; 2005 c.22 §504; 2023 c.529 §8]

Source: Section 757.415 — Purposes for which securities and notes may be issued; order required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.770 — OR Code / Title 57 / Chapter 757 / Section 757.770
757.770 Deadline for public utility filing of outdoor lighting fixture rate and charge application
Status: in_force

(1) A public utility that is subject to ORS 757.765 (Public utility provision of shielded outdoor lighting fixtures to customers) shall file an initial rate and charge application as required by ORS 757.765 (Public utility provision of shielded outdoor lighting fixtures to customers) (2) on or before January 1, 2010.

(2) A utility that is subject to ORS 757.765 (Public utility provision of shielded outdoor lighting fixtures to customers) shall give a customer notice of the shielded outdoor lighting fixture option on or before the later of the date the utility first begins providing outdoor lighting fixtures to the customer or 60 days after the rate or charge takes effect. [2009 c.588 §2]

Note: See note under 757.765 (Public utility provision of shielded outdoor lighting fixtures to customers) .

Source: Section 757.770 — Deadline for public utility filing of outdoor lighting fixture rate and charge application; required notification to customers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.190 — OR Code / Title 57 / Chapter 759 / Section 759.190
759.190 Notice of schedule change
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. [1987 c.447 §15]

Source: Section 759.190 — Notice of schedule change , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.230 — OR Code / Title 57 / Chapter 759 / Section 759.230
759.230 Measured service rate for business customers
Status: in_force

(1) Notwithstanding any other provision of this chapter, the Public Utility Commission shall not authorize a telecommunications utility to implement a rate schedule that includes optional measured service for business customers unless the rate for the service is sufficient to defray all costs that must be incurred to implement the service, including the costs of measuring and billing.

(2) As used in this section:

(a) “Local exchange telephone service” means telephone service provided within the boundaries of exchange maps filed with and approved by the commission.

(b) “Measured service” means local exchange telephone service, the rate for which is based upon the number of calls, length of calls, distance or time of day. [Formerly 757.835]

Source: Section 759.230 — Measured service rate for business customers; restriction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.005 — OR Code / Title 57 / Chapter 759 / Section 759.005
759.005 Definitions
Status: in_force

As used in this chapter:

(1) “Competitive telecommunications provider” means a telecommunications services provider that has been classified as a competitive telecommunications provider by the Public Utility Commission pursuant to ORS 759.020 (Certificate of authority) .

(2) “Intrastate telecommunications service” means any telecommunications service in which the information transmitted originates and terminates within the boundaries of the State of Oregon.

(3) “Local exchange telecommunications service” means telecommunications service provided within the boundaries of exchange maps filed with and approved by the commission.

(4) “Private telecommunications network” means a system for the provision of telecommunications service or any portion of telecommunications service, including the construction, maintenance or operation of the system, by a person for the exclusive use of that person and not for resale, directly or indirectly.

(5) “Radio common carrier” means any corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers and any town making available facilities to provide radio communications service, radio paging or cellular communications service for hire.

(6) “Shared telecommunications service” means the provision of telecommunications and information management services and equipment to a user group located in discrete premises in building complexes, campuses or high-rise buildings, by a commercial shared services provider or by a users’ association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to local exchange telecommunications service.

(7) “Telecommunications” means the transmission of information chosen by a person, between or among points specified by the person, without change in the form or content of the information sent or received.

(8) “Telecommunications service” means telecommunications that are offered for a fee to the public, or to such class of users as to be effectively available to the public, without regard to the facilities used to provide the telecommunications. “Telecommunications service” does not include:

(a) Services provided by radio common carrier.

(b) One-way transmission of television signals.

(c) Private telecommunications networks.

(d) Communications of the customer that take place on the customer side of on-premises equipment.

(9) Intentionally left blank —Ed.

(a) “Telecommunications utility” means:

(A) Any corporation, company, individual or association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or a part of any plant or equipment in this state for the provision of telecommunications service, directly or indirectly to or for the public, whether or not the plant or equipment, or any portion of the plant or equipment, is wholly within any town or city.

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

(b) “Telecommunications utility” does not include:

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

(B) Any corporation not providing intrastate telecommunications service to the public in this state, whether or not the corporation has an office in this state or has an affiliated interest with a telecommunications utility as defined in this chapter.

(C) Any person acting only as a competitive telecommunications provider.

(D) Any corporation, company, individual or association of individuals providing only telephone customer premises equipment to the public.

(10) “Toll” means switched telecommunications between exchanges carried on the public switched network. “Toll” does not include services that are an option to flat rate local or extended area service, even though the options may include charges on a per-unit basis. [1987 c.447 §1; 1989 c.5 §15; 1991 c.326 §2; 2005 c.232 §1; 2007 c.825 §1]

Source: Section 759.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.942 — OR Code / Title 57 / Chapter 757 / Section 757.942
757.942 Powers of Oregon Community Power relating to financing agreements
Status: in_force

Oregon Community Power may:

(1) Enter into agreements with third parties to hold financing agreement proceeds, payments and reserves as security for lenders, and to issue certificates of participation in the right to receive payments due from Oregon Community Power under a financing agreement. Amounts so held shall be invested at the direction of the board of directors of Oregon Community Power. Interest earned on any investments held as security for a financing agreement may, at the option of the board, be credited to the accounts held by the third party and applied in payment of sums due under a financing agreement.

(2) Enter into credit enhancement agreements for financing agreements or certificates of participation, provided that any credit enhancement agreements shall be payable solely from funds specifically pledged, budgeted for or otherwise made available by Oregon Community Power and amounts received from the exercise of property rights granted under the financing agreements.

(3) Use financing agreements to finance the costs of acquiring or refinancing real or personal property, either tangible or intangible, plus the costs of reserves and credit enhancements and the costs associated with obtaining the financing.

(4) Grant security interests in property to trustees or lenders.

(5) Make pledges for the benefit of trustees and lenders.

(6) Purchase fire and extended coverage or other casualty insurance for property that is acquired or refinanced with proceeds of a financing agreement, assign the proceeds thereof to a lender or trustee to the extent of their interest, and covenant to maintain any insurance while the financing agreement is unpaid, as long as available funds are sufficient to purchase the insurance. [2007 c.807 §37]

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

Source: Section 757.942 — Powers of Oregon Community Power relating to financing agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 774.140 — OR Code / Title 57 / Chapter 774 / Section 774.140
774.140 Interference with mailings or contributions
Status: in_force

(1) No utility, nor any of its employees, officers, members of the board of directors, agents, contractors or assignees, shall in any manner interfere with, delay, alter or otherwise discourage the distribution of any material or statement authorized by the provisions of this chapter for inclusion in periodic utility billings, nor in any manner interfere with, hamper, hinder or otherwise infringe upon a utility consumer’s right to contribute to Citizens’ Utility Board, nor in any manner hamper, hinder, harass, penalize or retaliate against any utility consumer because of the consumer’s contribution to, or participation in, any activities of the Citizens’ Utility Board.

(2) No utility may change its mailing, accounting, or billing procedures if such change will hamper, hinder, or otherwise interfere with the ability of the Citizens’ Utility Board to distribute materials or statements authorized by this chapter. [1985 c.1 §12]

Source: Section 774.140 — Interference with mailings or contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors774.­html (accessed May 26, 2025).
ORS § 759.705 — OR Code / Title 57 / Chapter 759 / Section 759.705
759.705 Program message preamble
Status: in_force

(1) An information provider that does business in this state shall include a preamble in its program messages.

(2) The preamble must:

(a) Describe the service that the program provides.

(b) Advise the caller of the price per call, including:

(A) Any per minute charge;

(B) Any flat rate charge;

(C) Any minimum charge;

(D) The maximum charge possible for the service as determined from multiplying maximum duration in minutes by the cost per minute, unless the call has a possible indefinite duration, in which case the charge for one hour of use shall be stated;

(E) Whether calls that may last more than 20 minutes are interactive or have a possible indefinite duration; and

(F) The maximum possible charges for any pay-per-call numbers to which the caller may be referred by the information provider.

(c) Advise that the billing will begin shortly after the end of the preamble. A reasonable length of time shall be allotted after the preamble to give consumers an opportunity to disconnect before the program message starts.

(3) All preambles must be clearly articulated in the language used in advertisements for the telephone number and the language used within the body of the program. The language in the preamble shall be spoken in a normal cadence and at a volume equal to that of the program message.

(4) When an information provider’s program message consists only of a polling application that permits the caller to register an opinion or to vote on a matter by completing a call, or results in a flat charge of $2 or less, this section does not apply. [1991 c.672 §2]

Source: Section 759.705 — Program message preamble; information to be included , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.601 — OR Code / Title 57 / Chapter 757 / Section 757.601
757.601 Implementation dates for direct access and portfolio of rate options
Status: in_force

(1) All retail electricity consumers of an electric company, other than residential electricity consumers, shall be allowed direct access beginning on March 1, 2002. Retail electricity consumers shall not be allowed direct access before that date.

(2) Residential electricity consumers shall be allowed to purchase electricity from among a portfolio of rate options as described in ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers) not later than March 1, 2002.

(3) ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.691 (Applicability) do not apply to an electric company providing electricity services to fewer than 25,000 consumers in this state unless the electric company offers direct access to any of its retail electricity consumers in this state or offers to sell electricity services available under direct access to more than one retail electricity consumer of another electric utility. [1999 c.865 §2; 2001 c.819 §1; 2003 c.14 §454]

Note: 757.601 (Implementation dates for direct access and portfolio of rate options) was added to and made a part of ORS chapter 757 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 757.601 — Implementation dates for direct access and portfolio of rate options; exemption for certain small electric companies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.693 — OR Code / Title 57 / Chapter 759 / Section 759.693
759.693 Definitions
Status: in_force

As used in ORS 759.693 (Definitions) to 759.698 (Eligibility) , unless the context requires otherwise:

(1) “Adaptive equipment” means equipment that permits a person with a disability, other than a person who is hard of hearing or speech impaired, to communicate effectively on the telephone.

(2) “Applicant” means a person who applies for an assistive telecommunication device, adaptive equipment or a signal device.

(3) “Assistive telecommunication device” means a device that utilizes a keyboard, acoustic coupler, display screen, Braille display, speakerphone or amplifier to enable people who are deaf, deaf-blind, hard of hearing or speech impaired to communicate effectively on the telephone.

(4) “Audiologist” means a person who has a master’s or doctoral degree in audiology and a Certificate of Clinical Competence in audiology from the American Speech-Language-Hearing Association.

(5) “Communication facilitator” means a person who provides professional, in-person assistive services that are necessary to help a person communicate effectively via a telecommunication device, with or without the use of an assistive telecommunication device or a telecommunications relay service, if the person receiving the services is:

(a) Deaf-blind;

(b) Deaf and has a physical disability that limits the person’s expressive communication; or

(c) Hard of hearing and has a physical disability that limits the person’s expressive communication.

(6) “Deaf” means a profound hearing loss, as determined by an audiologist, licensed physician, physician assistant, nurse practitioner, hearing aid specialist or vocational rehabilitation counselor of the Department of Human Services, that requires use of an assistive telecommunication device to communicate effectively on the telephone.

(7) “Deaf-blind” means a hearing loss and a visual impairment that require use of an assistive telecommunication device to communicate effectively on the telephone. For purposes of this subsection:

(a) A hearing loss must be determined by an audiologist, licensed physician, physician assistant, nurse practitioner, hearing aid specialist or vocational rehabilitation counselor of the Department of Human Services.

(b) A visual impairment must be determined by a licensed physician, physician assistant, nurse practitioner, vocational rehabilitation counselor of the Department of Human Services or rehabilitation instructor for persons who are blind.

(8) “Disability” means a physical condition, as determined by a licensed physician, physician assistant, nurse practitioner or vocational rehabilitation counselor of the Department of Human Services, other than hearing or speech impairment that requires use of adaptive equipment to utilize the telephone.

(9) “Hard of hearing” means a hearing loss, as determined by an audiologist, licensed physician, physician assistant, nurse practitioner, hearing aid specialist or vocational rehabilitation counselor of the Department of Human Services, that requires use of an assistive telecommunication device to communicate effectively on the telephone.

(10) “Hearing aid specialist” means a person licensed to deal in hearing aids under ORS chapter 694.

(11) “Nurse practitioner” has the meaning given that term in ORS 678.010 (Definitions for ORS 678.010 to 678.410) .

(12) “Physician” means an applicant’s primary care physician or a medical specialist who is able to determine an applicant’s disability and to whom the applicant was referred by the primary care physician.

(13) “Physician assistant” has the meaning given that term in ORS 677.495 (Definitions for ORS 677.495 to 677.535) .

(14) “Recipient” means a person who receives adaptive equipment, an assistive telecommunication device or a signal device.

(15) “Rehabilitation instructor for persons who are blind” means an employee of the Commission for the Blind who:

(a) Meets the minimum qualifications set by the commission to assess adult clients referred for services;

(b) Develops individualized training programs; and

(c) Instructs and counsels clients of the commission on adapting to sight loss.

(16) “Signal device” means a mechanical device that alerts a person who is deaf, deaf-blind or hard of hearing of an incoming telephone call.

(17) “Speech impaired” means a speech disability, as determined by a licensed physician, physician assistant, nurse practitioner, speech-language pathologist or vocational rehabilitation counselor of the Department of Human Services, that requires use of an assistive telecommunication device to communicate effectively on the telephone.

(18) “Speech-language pathologist” means a person who has a master’s degree or equivalency in speech-language pathology and a Certificate of Clinical Competence issued by the American Speech-Language-Hearing Association.

(19) “Telecommunications relay center” means a facility authorized by the Public Utility Commission to provide telecommunications relay service.

(20) “Telecommunications relay service” means a telephone transmission service that provides the ability for an individual who is deaf, deaf-blind, hard of hearing or speech impaired to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communication services by wire or radio. ”Telecommunications relay service” includes, but is not limited to:

(a) Services that enable two-way communication between an individual using a text telephone or other nonvoice terminal device and an individual not using such a device;

(b) Speech-to-speech services; and

(c) Non-English relay services. [1987 c.290 §9; 1991 c.872 §2; 1995 c.280 §32; 1995 c.451 §2; 1999 c.384 §1; 2007 c.28 §1; 2007 c.70 §353; 2011 c.78 §2; 2011 c.264 §1; 2014 c.45 §83; 2019 c.113 §1; 2023 c.159 §1]

Source: Section 759.693 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.310 — OR Code / Title 57 / Chapter 757 / Section 757.310
757.310 Prohibition related to charges for service
Status: in_force

(1) A public utility may not charge a customer a rate or an amount for a service that is different from the rate or amount prescribed in the schedules or tariffs for the public utility.

(2) A public utility may not charge a customer a rate or an amount for a service that is different from the rate or amount the public utility charges any other customer for a like and contemporaneous service under substantially similar circumstances.

(3) A difference in rates or amounts charged does not constitute a violation of subsection (2) of this section if the difference is based on:

(a) Service classification under ORS 757.230 (Control of commission over classification of services and forms of schedules) ;

(b) Contracts for services under ORS 757.516 (Contracts between natural gas utilities and customers for commodity and services) ; or

(c) An optional schedule or tariff for the provision of energy service that takes into account a customer’s past energy usage and provides price incentives designed to encourage changes in the customer’s energy usage that correspond to changes in the cost of providing energy. [Amended by 1971 c.655 §78; 1987 c.900 §2; 1993 c.485 §3; 2005 c.594 §1]

Source: Section 757.310 — Prohibition related to charges for service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 756.125 — OR Code / Title 57 / Chapter 756 / Section 756.125
756.125 Interference with commission equipment
Status: in_force

No person shall destroy, injure or interfere with any apparatus or appliance owned or operated by or in charge of the Public Utility Commission, or any apparatus or appliance sealed by the commission. [Formerly 757.340]

Source: Section 756.125 — Interference with commission equipment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 759.058 — OR Code / Title 57 / Chapter 759 / Section 759.058
759.058 Commission action on petition under ORS 759.052, 759.054 or 759.056
Status: in_force

Within 60 days of a filing under ORS 759.052 (Commission authority to exempt telecommunications services from regulation) , 759.054 (Price listing for product or service offered as part of local exchange telecommunications services) or 759.056 (Price listing for product or service offered as part of interexchange telecommunications services) , the Public Utility Commission shall either determine the appropriateness of the filing or determine that further investigation is necessary. If the commission determines that further investigation is necessary, the commission may suspend operation of the filing for a period not longer than five months from the end of the initial 60-day period. Upon a showing of good cause, any party may request extension of the suspension period for an additional three months. [2005 c.232 §11]

Source: Section 759.058 — Commission action on petition under ORS 759.052, 759.054 or 759.056 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.410 — OR Code / Title 57 / Chapter 758 / Section 758.410
758.410 Contracts for allocation of territories and customers
Status: in_force

(1) Any person providing a utility service may contract with any other person providing a similar utility service for the purpose of allocating territories and customers between the parties and designating which territories and customers are to be served by which of said contracting parties; and the territories and customers so allocated and designated may include all or any portion of the territories and customers which are being served by either or both of the parties at the time the contract is entered into, or which could be economically served by the then existing facilities of either party, or by reasonable and economic extensions thereto.

(2) Any such contracting parties may also contract in writing for the sale, exchange, transfer, or lease of equipment or facilities located within territory which is the subject of the allocation agreed upon pursuant to subsection (1) of this section. Any sale, exchange, transfer or lease of equipment, plant or facilities made pursuant to this subsection by any person which is a “public utility” as defined in ORS 757.005 (Definition of public utility) is also subject to the approval of the Public Utility Commission to the extent required by ORS chapter 757.

(3) The commission may approve a contract entered into under this section that authorizes Coos County to construct a natural gas pipeline into allocated territory in Coos County and that contains terms for the allocation of industrial customers in Coos County between the county and the other party to the contract. The contract need not specify the territory in which industrial customers subject to the allocation are located. The commission may approve the provisions of a contract under this subsection that govern allocation of industrial customers only if the commission determines that the provisions promote the purposes specified in ORS 758.405 (Purpose of ORS 758.400 to 758.475) . The commission shall actively supervise the implementation of any contract entered into pursuant to this subsection to ensure that the contract continues to promote the purposes specified in ORS 758.405 (Purpose of ORS 758.400 to 758.475) . [Formerly 757.615; 2003 c.32 §1; 2023 c.53 §5]

Source: Section 758.410 — Contracts for allocation of territories and customers; transfer of facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.585 — OR Code / Title 57 / Chapter 759 / Section 759.585
759.585 Definitions for ORS 759.585 to 759.595
Status: in_force

As used in ORS 759.585 (Definitions for ORS 759.585 to 759.595) to 759.595 (Criteria for granting application for service) , “unserved person” means a person:

(1) Who does not have local exchange telecommunications service;

(2) Who is applying for residential service or business service with five or fewer lines; and

(3) Who, for the initiation of such service, would be required to pay line extension charges. [1989 c.574 §2; 1991 c.307 §1]

Source: Section 759.585 — Definitions for ORS 759.585 to 759.595 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.259 — OR Code / Title 57 / Chapter 757 / Section 757.259
757.259 Amounts includable in rate schedule
Status: in_force

(1) In addition to powers otherwise vested in the Public Utility Commission, and subject to the limitations contained in this section, under amortization schedules set by the commission, a rate or rate schedule:

(a) May reflect:

(A) Amounts lawfully imposed retroactively by order of another governmental agency; or

(B) Amounts deferred under subsection (2) of this section.

(b) Shall reflect amounts deferred under subsection (3) of this section if the public utility so requests.

(2) Upon application of a utility or ratepayer or upon the commission’s own motion and after public notice, opportunity for comment and a hearing if any party requests a hearing, the commission by order may authorize deferral of the following amounts for later incorporation in rates:

(a) Amounts incurred by a utility resulting from changes in the wholesale price of natural gas or electricity approved by the Federal Energy Regulatory Commission;

(b) Balances resulting from the administration of Section 5(c) of the Pacific Northwest Electric Power Planning and Conservation Act of 1980;

(c) Direct or indirect costs arising from any purchase made by a public utility from the Bonneville Power Administration pursuant to ORS 757.663 (Commission authority to require electric company to enter into contracts with Bonneville Power Administration) , provided that such costs shall be recovered only from residential and small-farm retail electricity consumers;

(d) Amounts accruing under a plan for the protection of short-term earnings under ORS 757.262 (Rates to encourage acquisition of cost-effective conservation resources) (2); or

(e) Identifiable utility expenses or revenues, the recovery or refund of which the commission finds should be deferred in order to minimize the frequency of rate changes or the fluctuation of rate levels or to match appropriately the costs borne by and benefits received by ratepayers.

(3) Upon request of the public utility, the commission by order shall allow deferral of amounts provided as financial assistance under an agreement entered into under ORS 757.072 (Agreements for financial assistance to organizations representing customer interests) for later incorporation in rates.

(4) The commission may authorize deferrals under subsection (2) of this section beginning with the date of application, together with interest established by the commission. A deferral may be authorized for a period not to exceed 12 months beginning on or after the date of application. However, amounts deferred under subsection (2)(c) and (d) or (3) of this section are not subject to subsection (5), (6), (7), (8) or (10) of this section, but are subject to such limitations and requirements that the commission may prescribe and that are consistent with the provisions of this section.

(5) Unless subject to an automatic adjustment clause under ORS 757.210 (Hearing to establish new schedules) (1), amounts described in this section shall be allowed in rates only to the extent authorized by the commission in a proceeding under ORS 757.210 (Hearing to establish new schedules) to change rates and upon review of the utility’s earnings at the time of application to amortize the deferral. The commission may require that amortization of deferred amounts be subject to refund. The commission’s final determination on the amount of deferrals allowable in the rates of the utility is subject to a finding by the commission that the amount was prudently incurred by the utility.

(6) Except as provided in subsections (7), (8) and (10) of this section, the overall average rate impact of the amortizations authorized under this section in any one year may not exceed three percent of the utility’s gross revenues for the preceding calendar year.

(7) The commission may allow an overall average rate impact greater than that specified in subsection (6) of this section for natural gas commodity and pipeline transportation costs incurred by a natural gas utility if the commission finds that allowing a higher amortization rate is reasonable under the circumstances.

(8) The commission may authorize amortizations for an electric utility under this section with an overall average rate impact not to exceed six percent of the electric utility’s gross revenues for the preceding calendar year. If the commission allows an overall average rate impact greater than that specified in subsection (6) of this section, the commission shall estimate the electric utility’s cost of capital for the deferral period and may also consider estimated changes in the electric utility’s costs and revenues during the deferral period for the purpose of reviewing the earnings of the electric utility under the provisions of subsection (5) of this section.

(9) The commission may impose requirements similar to those described in subsection (8) of this section for the amortization of other deferrals under this section, but may not impose such requirements for deferrals under subsection (2)(c) or (d) or (3) of this section.

(10) The commission may authorize amortization of a deferred amount for an electric utility under this section with an overall average rate impact greater than that allowed by subsections (6) and (8) of this section if:

(a) The deferral was directly related to extraordinary power supply expenses incurred during 2001;

(b) The amount to be deferred was greater than 40 percent of the revenue received by the electric utility in 2001 from Oregon customers; and

(c) The commission determines that the higher rate impact is reasonable under the circumstances.

(11) If the commission authorizes amortization of a deferred amount under subsection (10) of this section, an electric utility customer that uses more than one average megawatt of electricity at any site in the immediately preceding calendar year may prepay the customer’s share of the deferred amount. The commission shall adopt rules governing the manner in which:

(a) The customer’s share of the deferred amount is calculated; and

(b) The customer’s rates are to be adjusted to reflect the prepayment of the deferred amount.

(12) The provisions of this section do not apply to a telecommunications utility. [1987 c.563 §2; 1989 c.18 §1; 1989 c.956 §1; 1993 c.175 §1; 1999 c.865 §31; 2001 c.733 §3; 2003 c.132 §1; 2003 c.234 §3]

Source: Section 757.259 — Amounts includable in rate schedule; deferral; limit in effect on rates by amortization; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.205 — OR Code / Title 57 / Chapter 759 / Section 759.205
759.205 Conformance of rates charged with schedule
Status: in_force

No telecommunications utility shall charge, demand, collect or receive a greater or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in printed rate schedules as may at the time be in force, or demand, collect or receive any rate not specified in such schedule. The rates named therein are the lawful rates until they are changed as provided in this chapter. [1987 c.447 §16]

Source: Section 759.205 — Conformance of rates charged with schedule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.570 — OR Code / Title 57 / Chapter 759 / Section 759.570
759.570 Application of law to local government
Status: in_force

(1) ORS 759.500 (Definitions for ORS 759.500 to 759.570) to 759.570 (Application of law to local government) may 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. If a municipality condemns or otherwise acquires equipment, plant or facilities from another person for rendering local exchange telecommunications service, the municipality acquires all of the rights of the person whose property is condemned to serve the territory served by the acquired properties.

(2) ORS 759.500 (Definitions for ORS 759.500 to 759.570) to 759.570 (Application of law to local government) may not be construed to restrict the right of a municipality to provide local exchange telecommunications service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location.

(3) ORS 759.500 (Definitions for ORS 759.500 to 759.570) to 759.570 (Application of law to local government) may not be construed to confer upon the Public Utility Commission any regulatory authority over rates, service or financing of cooperatives or municipalities. [1987 c.447 §67; 2005 c.232 §31]

Source: Section 759.570 — Application of law to local government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.742 — OR Code / Title 57 / Chapter 757 / Section 757.742
757.742 Public Utility Commission authorization to enter agreement with California related to cost apportionment and trust fund
Status: in_force

(1) The State of Oregon may enter into an agreement with representatives of the State of California, either as part of a final agreement or by separate agreement, that establishes each state’s share of the customer contribution of $200 million identified in the agreement in principle.

(2) The Public Utility Commission may enter into an agreement with representatives of the State of California to establish and administer the trust accounts authorized under ORS 757.738 (Surcharge trust accounts related to removal of Klamath River dams) and to ensure that trust account moneys are disbursed for dam removal costs that are necessary and appropriate. [2009 c.690 §7]

Source: Section 757.742 — Public Utility Commission authorization to enter agreement with California related to cost apportionment and trust fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.872 — OR Code / Title 57 / Chapter 757 / Section 757.872
757.872 Equity and assets of incumbent utility held in trust
Status: in_force

(1) Any equity of the incumbent utility, any electric utility assets of the incumbent utility or any combination of equity and assets of the incumbent utility that Oregon Community Power acquires under ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) shall be held in trust by Oregon Community Power, acting as a trustee, for the exclusive purpose of carrying out the powers, rights and privileges of Oregon Community Power under ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) for the benefit of the retail electricity consumers of Oregon Community Power. Notwithstanding any other provision of law, retail electricity consumers of Oregon Community Power may not pursue any judicial remedy in any court of this state for any action of Oregon Community Power, except as provided in ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) .

(2) The State of Oregon declares that it has no proprietary interest in Oregon Community Power or in any tangible or intangible property of any form owned or acquired by Oregon Community Power. The state disclaims any right to reclaim any contributions made to Oregon Community Power under ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) .

(3) Except as provided in ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) , Oregon Community Power may not receive any moneys from the State of Oregon other than:

(a) Electric utility operational revenues;

(b) Public purpose charge revenues under ORS 757.612 (Requirements for public purpose expenditures) ;

(c) Nonrecourse bond proceeds or proceeds from any other nonrecourse borrowing; or

(d) Loans, grants, payments or other assistance that any local government as defined in ORS 174.116 (“Local government” and “local service district” defined) would be eligible to receive. [2007 c.807 §17]

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

Source: Section 757.872 — Equity and assets of incumbent utility held in trust; disclaimer of state interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 772.205 — OR Code / Title 57 / Chapter 772 / Section 772.205
772.205 Definitions for ORS 772.210 and 772.215
Status: in_force

As used in ORS 772.210 (Right of entry and condemnation of lands for construction of service facilities) and 772.215 (Appropriation of public lands) , unless the context requires otherwise:

(1) “Electrical cooperative association” means a cooperative association which is subject to a tax on gross revenue derived from the use or operation of transmission and distribution lines pursuant to ORS 308.805 (Mutual and cooperative electric distribution systems subject to tax on gross earnings) to 308.820 (Tax as a lien) .

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

(3) “Service facilities” include any line, wire, pipe, conduit, main, pump, pole, tower, fixture, structure, shop, office or building for any use or purpose reasonably necessary and incident to the conduct of the business of a public utility.

(4) “Transmission company” has the meaning given that term in ORS 758.015 (Certificate of public convenience and necessity) . [Amended by 1971 c.655 §240; 1977 c.225 §1; 2001 c.913 §8]

Source: Section 772.205 — Definitions for ORS 772.210 and 772.215 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 772.420 — OR Code / Title 57 / Chapter 772 / Section 772.420
772.420 Condemnation for transportation of minerals
Status: in_force

(1) Any person requiring land for a right of way for the transportation of the products of mines located in this state may acquire such land for such purposes in the manner and subject to the rights, privileges and liabilities under ORS 376.505 (Filing statement of route and bond) to 376.540 (Logging roads) .

(2) Lands acquired under this section shall not revert to the original owner, the heirs and assigns of the original owner, until their use as contemplated in this section has ceased for a period of five years.

Source: Section 772.420 — Condemnation for transportation of minerals; conditions of reversion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.107 — OR Code / Title 57 / Chapter 757 / Section 757.107
757.107 Supplemental budgets and orders
Status: in_force

Adjustment and additions to such budget expenditures may be made from time to time during the year by filing supplementary budgets with the Public Utility Commission. The provisions of ORS 757.105 (Filing of budget) (3) apply to adjustments and additions to budgets. [Amended by 1971 c.655 §83]

Source: Section 757.107 — Supplemental budgets and orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.227 — OR Code / Title 57 / Chapter 757 / Section 757.227
757.227 Rate mitigation for certain electric company rate increases
Status: in_force

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

(2) The Public Utility Commission shall require that an electric company mitigate a rate increase payable by a class of customers described in subsection (5) of this section if:

(a) The increase results from a transition to an electric company’s generally applicable cost-based rate from the rates established under the contracts described in subsection (5) of this section; and

(b) The increase in the cost of electricity to that class of customers by reason of the transition will exceed 50 percent during the first 12 calendar months after the transition occurs.

(3) The commission shall require an electric company to mitigate a rate increase under this section by means of a schedule of rate credits for the class of customers described in subsection (5) of this section. The rate credits provided by an electric company under the schedule shall automatically decrease each year to the lowest credit necessary to avoid a rate increase that is greater than 50 percent in any subsequent year. Rate credits under this section may not be provided for more than seven years after the transition occurs.

(4) For the purpose of determining the increase in the cost of electricity to a class of customers by reason of a transition described in subsection (2)(a) of this section, the commission shall:

(a) Include the total charges for electricity service, including all special charges and credits other than the rate credit provided under this section; and

(b) Exclude any local taxes or fees paid by the class of customers.

(5) This section applies only to customers of an electric company that purchase electricity at metering points that before the transition described in subsection (2)(a) of this section were eligible for rates that were set under contracts entered into before 1960 and remained unchanged throughout the period of the contract.

(6) The full cost of providing rate credits under this section shall be spread equally among all other customers of the electric company. [2005 c.594 §3]

Source: Section 757.227 — Rate mitigation for certain electric company rate increases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.306 — OR Code / Title 57 / Chapter 757 / Section 757.306
757.306 Contractor labor standards for covered projects
Status: in_force

(1) As used in this section:

(a) “Apprentice” and “apprenticeable occupation” have the meanings given those terms in ORS 660.010 (Definitions for ORS 660.002 to 660.210) .

(b) “Apprenticeship training program” means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210) , operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.

(c) “Community solar project” has the meaning given that term in ORS 757.386 (Program for procurement of electricity from community solar projects) .

(d) “Construction” includes on-site and off-site construction and fabrication and covers 30 days after project completion.

(e) “Covered project” means:

(A) Except as provided in subparagraph (B) of this paragraph, a renewable energy generation, sequestration or storage facility with a capacity rating of 10 megawatts or greater.

(B) A community solar project with a capacity rating above three megawatts.

(f) “Minority individual” and “woman” have the meanings given those terms in ORS 200.005 (Definitions) .

(g) “Repower” means replacement of enough of the original generation equipment or components to make an original energy generation facility equivalent to a new facility, such that at least 80 percent of the fair market value of the facility derives from new generation equipment or components installed as part of the replacement project.

(h) “Veteran” has the meaning given that term in ORS 408.225 (Definitions for ORS 408.225 to 408.237) .

(2) A person who constructs or repowers a covered project sited in this state shall, within 30 days from the date the construction begins, provide a signed attestation or declaration stating to the best of their knowledge and belief, subject to penalty of perjury as described in ORS 162.065 (Perjury) , that during all periods of construction all contractors and subcontractors working on the construction or repowering project will:

(a)(A)(i) Except as provided in sub-subparagraph (ii) of this subparagraph, participate in an apprenticeship program registered with the State Apprenticeship and Training Council and with graduation rates equal to or higher than the national average for each respective trade in a manner consistent with the respective apprenticeship training programs, such that 15 percent of the total work hours on a given covered project is performed by apprentices in apprenticeable occupations; or

(ii) If less than 15 percent of total work hours on a given covered project is performed by apprentices in apprenticeable occupations, demonstrate good faith with meeting the requirement described in sub-subparagraph (i) of this subparagraph by providing documented and verifiable information including:

(I) Internet addresses of employment advertisements or job announcements;

(II) Dates, times, Internet addresses and attendance lists of a prejob conference with apprenticeship, preapprenticeship and workforce providers in construction;

(III) Contacts requesting apprentices with an apprenticeship program approved by the Bureau of Labor and Industries including the date, time, telephone contact, electronic mail contact and whether a response was provided within 48 hours of the request;

(IV) Contacts requesting apprentices from a union hall including the date, time, telephone contact, electronic mail contact and whether a response was provided within 48 hours of the request; and

(V) Documentation of job offers and number of job offers made to apprentices;

(B) Establish and execute a plan for outreach, recruitment and retention of women, minority individuals, veterans and people with disabilities to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups;

(C) Have policies in place that are designed to limit or prevent workplace harassment and discrimination and that promote workplace diversity, equity and inclusion for communities who have been underrepresented in the clean energy sector, including women, veterans and Black, Indigenous and People of Color;

(D) Maintain a license and good standing to perform the work and remain eligible to receive a contract or subcontract for public works under ORS 279C.860 (Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage) ;

(E) Materially demonstrate a history of material compliance in the previous seven years, or provide available history for new businesses, with the rules and other requirements of state agencies with oversight regarding workers’ compensation, building codes and occupational safety and health;

(F) Materially demonstrate a history of compliance, in the previous seven years, or provide available history for new businesses, with federal and state wage and hour laws; and

(G) Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification; and

(b) If the covered project has a capacity rating of 10 megawatts or greater:

(A) Pay no less than the prevailing wage rate for an hour’s work in the same trade or occupation in the locality where the labor is performed. Prevailing wage rate includes the calculation of wages and fringe benefits per trade and locality and will be treated as standards defined in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) .

(B) Offer health care and retirement benefits to the employees performing the labor on the project.

(C) Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification.

(3) The person shall provide the attestation or declaration and any good faith effort documentation described in subsection (2) of this section to the State Department of Energy within 30 days from the date construction begins and shall notify the purchaser of the project or of the energy from the project of this provision or of the provision of a project labor agreement under subsection (4) of this section, the notice of which shall identify the signatories to the agreement. In addition to the requirements described in subsection (2) of this section, the attestation or declaration must include the following information:

(a) The megawatt capacity and physical footprint in acres of the project;

(b) The geographic location of the project;

(c) The estimated workforce requirements of the project;

(d) A collated list of good faith effort documentation; and

(e) A description of any policies in place for ensuring the person meets the requirements in this section.

(4) Intentionally left blank —Ed.

(a) In lieu of providing an attestation or declaration described in subsection (2) of this section, the person may provide a copy of a project labor agreement, if a project labor agreement is used on the covered project and shall be exempted from the requirements described in subsection (2) of this section.

(b) As used in this subsection, “project labor agreement” means a prehire collective bargaining agreement as described in 29 U.S.C. 158(f) that establishes the terms and conditions of employment for a specific construction project or contract.

(c) A project labor agreement may include additional provisions that:

(A) Prohibit discrimination based on race, national origin, religion, gender, sexual orientation, political affiliation or membership in a labor organization in hiring and dispatching workers for the project.

(B) Permit qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to a collective bargaining agreement.

(C) Permit and promote qualified business enterprises owned by women, minorities, veterans and disadvantaged individuals without regard to whether the individuals are otherwise parties to a collective bargaining agreement.

(D) Guarantee against work stoppages, strikes, lockouts and similar disruptions of the project.

(5) Intentionally left blank —Ed.

(a) The department shall retain an attestation or declaration filed with the department in a manner consistent with the department’s record retention policies.

(b) Notwithstanding any provisions of ORS 192.345 (Public records conditionally exempt from disclosure) or 192.355 (Public records exempt from disclosure) , an attestation or declaration provided to the department pursuant to this subsection is subject to public records disclosure and the department shall provide a copy of the attestation or declaration upon request.

(c) An attestation or declaration filed under this section is for reporting purposes only and the department may not use an attestation or declaration to investigate, regulate or enforce matters addressed in the attestation or declaration.

(6) Intentionally left blank —Ed.

(a) Nothing in this section:

(A) Applies to a contract or subcontract with a tribal government, agent or instrumentality of an Oregon Indian tribe for a covered project located in whole or in part on the tribe’s reservation or on land held in trust by the United States for the benefit of the tribe, unless the tribal government elects to adopt the standards in this section for the contract or subcontract; or

(B) Affects the wage rates overseen by a tribal government, agent or instrumentality of an Oregon Indian tribe.

(b) As used in this subsection, “Oregon Indian tribe” and “tribal government” have the meanings given those terms in ORS 294.805 (Definitions for ORS 294.805 to 294.895) .

(7) Nothing in this section:

(a) Prohibits the inclusion of labor standards in addition to those required by subsection (2) of this section in contracts that are subject to this section; or

(b) Prohibits a person from using a project labor agreement to meet the minimum requirements of subsection (2) of this section. [2021 c.508 §26; 2022 c.51 §1]

Note: 757.306 (Contractor labor standards for covered projects) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 757.306 — Contractor labor standards for covered projects; attestation or declaration; project labor agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.020 — OR Code / Title 57 / Chapter 759 / Section 759.020
759.020 Certificate of authority
Status: in_force

(1) A person, corporation, company or association of individuals or their lessees, trustees or receivers may not provide intrastate telecommunications service on a for-hire basis without a certificate of authority issued by the Public Utility Commission under this section.

(2) Applications for certificates of authority must be in a form prescribed by the commission and must describe the telecommunications services the applicant proposes to provide.

(3) Intentionally left blank —Ed.

(a) Except as provided in ORS 759.050 (Competitive zone service regulation) , a certificate may not authorize any person to provide local exchange telecommunications service within the local exchange telecommunications service area of a telecommunications utility unless the utility consents, is unable to provide the service or fails to protest an application.

(b) Paragraph (a) of this subsection does not apply to any application for a certificate by a provider of shared telecommunications services.

(4) A hearing need not be held prior to issuance of a certificate of authority except upon the commission’s own motion or unless the application is to authorize a person to provide local exchange telecommunications service in the local exchange telecommunications service area of a telecommunications utility and the utility protests. After hearing, the commission shall issue the certificate only upon a showing that the proposed service is required by the public interest.

(5) The commission may classify a successful applicant for a certificate as a telecommunications utility or as a competitive telecommunications services provider. If the commission finds that a successful applicant for a certificate has demonstrated that services it offers are subject to competition or that its customers or those proposed to become customers have reasonably available alternatives, the commission shall classify the applicant as a competitive telecommunications services provider. The commission shall conduct the initial classification and any subsequent review of the classification in accordance with procedures the commission may establish by rule, after hearings. The commission may attach reasonable conditions to the classification and may amend or revoke any order as provided in ORS 756.568 (Rescission, suspension and amendment of orders) . For purposes of this section, in determining whether telecommunications services are subject to competition or whether there are reasonably available alternatives, the commission shall consider:

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

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

(c) Existing economic or regulatory barriers to entry.

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

(6) Any provider of intrastate toll service must inform customers of the service level furnished by that provider, according to rules of the commission. The commission, by rule, shall determine the level of intrastate toll service that is standard. Any provider of intrastate toll service must identify the service level the provider plans to furnish in an annual report to the commission. The commission shall revoke the certification of any provider that does not consistently furnish the service level identified in the provider’s annual report. [Formerly 757.815; 1991 c.326 §1; 1993 c.423 §1; 2022 c.60 §9]

Source: Section 759.020 — Certificate of authority; application; procedure; criteria; intrastate toll service level; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.607 — OR Code / Title 57 / Chapter 757 / Section 757.607
757.607 Direct access conditions
Status: in_force

The Public Utility Commission shall ensure that direct access programs offered by electric companies meet the following conditions:

(1) The provision of direct access to some retail electricity consumers must not cause the unwarranted shifting of costs to other retail electricity consumers of the electric company. The commission may, in establishing any rates and charges under ORS 757.600 (Definitions for ORS 757.600 to 757.687) to 757.667 (City authority over rights of way) , consider and mitigate the rate impact on consumers from the reduction or elimination of subsidies in existing rate structures.

(2) The direct access, portfolio of rate options and cost-of-service rates may include transition charges or transition credits that reasonably balance the interests of retail electricity consumers and utility investors. The commission may determine that full or partial recovery of the costs of uneconomic utility investments, or full or partial pass-through of the benefits of economic utility investments to retail electricity consumers, is in the public interest.

(3) The commission shall allow recovery, through a transition charge, of any otherwise unrecoverable costs arising from or related to an electric company’s contractual or other legal obligations to the Bonneville Power Administration under ORS 757.663 (Commission authority to require electric company to enter into contracts with Bonneville Power Administration) , or arising from or related to a failure of the Bonneville Power Administration to meet its contractual or other legal obligations to the electric company, from those classes of consumers for which electric power was purchased from the Bonneville Power Administration.

(4) Notwithstanding ORS 757.355 (Costs of property not presently providing utility service excluded from rate base) , the commission may allow a return on the unamortized balance of an uneconomic utility investment or an economic utility investment that is included in rates. [1999 c.865 §8]

Source: Section 757.607 — Direct access conditions; cost recovery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.612 — OR Code / Title 57 / Chapter 757 / Section 757.612
757.612 Requirements for public purpose expenditures
Status: in_force

(1) Intentionally left blank —Ed.

(a) There is established an annual public purpose expenditure standard for electric companies and Oregon Community Power to fund:

(A) The above-market costs of new renewable energy resources and customer investments in distribution system-connected technologies that support reliability, resilience and the integration of renewable energy resources with the distribution systems of electric companies and Oregon Community Power;

(B) New low-income weatherization;

(C) New energy-related investments in schools; and

(D) Low-income housing.

(b) The public purpose expenditure standard shall be funded by the public purpose charge described in subsection (2) of this section.

(2) Intentionally left blank —Ed.

(a) Until January 1, 2036, an electric company or Oregon Community Power shall collect a nonbypassable public purpose charge equal to 1.5 percent of the revenues described in paragraph (b) of this subsection, apportioned as further set forth in subsection (3)(b) of this section. The electric company or Oregon Community Power shall collect the public purpose charge from all of the retail electricity consumers located within the electric company’s or Oregon Community Power’s service territory, including retail electricity consumers served by electricity service suppliers.

(b) The percentages described in paragraph (a) of this subsection and subsection (3)(b) of this section shall be calculated as percentages of the total revenues collected by the electric company, Oregon Community Power or the electricity service supplier from retail electricity consumers for electricity services, distribution services, ancillary services, metering and billing, transition charges and other types of costs included in electric rates on July 23, 1999.

(3) Intentionally left blank —Ed.

(a) The Public Utility Commission shall establish rules implementing the provisions of this section relating to electric companies and Oregon Community Power.

(b) The public purpose charge described in subsection (2)(a) of this section shall be the sum total of the following percentages of revenues described in subsection (2)(b) of this section, allocated for the following purposes:

(A) 0.3 percent of revenues for school districts that are located in the service territory of the electric company or Oregon Community Power, as further directed under paragraph (e) of this subsection.

(B) As further directed under paragraph (f) of this subsection, 0.51 percent of revenues for:

(i) The above-market costs of constructing and operating new renewable energy resources with a nominal electric generating capacity, as defined in ORS 469.300 (Definitions) , of 20 megawatts or less; or

(ii) Customer investments in distribution system-connected technologies that support reliability, resilience and the integration of renewable energy resources with the distribution system of the electric company or Oregon Community Power.

(C) 0.55 percent of revenues for new low-income weatherization, as further directed under paragraph (g) of this subsection.

(D) 0.14 percent of revenues for deposit in the Housing and Community Services Department Electricity Public Purpose Charge Fund established by ORS 456.587 (Electricity Public Purpose Charge Fund) (1) for the purpose of providing grants as described in ORS 458.625 (Housing Development Grant Program) (2).

(c) The costs of administering subsections (1) to (5) of this section for an electric company or Oregon Community Power shall be paid out of the funds collected through public purpose charges. The commission may require an electric company or Oregon Community Power to direct funds collected through public purpose charges to state agencies responsible for implementing subsections (1) to (5) of this section in order to pay the costs of administering subsections (1) to (5) of this section.

(d) The commission shall direct the manner in which public purpose charges are collected and spent by an electric company or Oregon Community Power and may require an electric company or Oregon Community Power to expend funds through competitive bids or other means designed to encourage competition, except that funds dedicated for new low-income weatherization shall be directed to the Housing and Community Services Department for purposes related to new low-income weatherization, as further directed in paragraph (g) of this subsection. The commission may also require funds collected through public purpose charges to be paid to a nongovernmental entity for investment in public purposes described in subsection (1) of this section.

(e) Intentionally left blank —Ed.

(A) Funds allocated under subsection (3)(b)(A) of this section shall be distributed to individual school districts according to the weighted average daily membership (ADMw) of each school district for the prior fiscal year as calculated under ORS 327.013 (State School Fund distribution computations for school districts) . The commission shall establish by rule a methodology for distributing a proportionate share of funds under this paragraph to school districts that are only partially located in the service territory of the electric company or Oregon Community Power.

(B) A school district that receives funds under this paragraph shall use the funds first to pay for energy audits for schools located within the school district or for a fleet audit for the school district. To the extent practicable, a school district shall coordinate with the State Department of Energy and incorporate federal funding in complying with this paragraph. Following completion of an audit, the school district may expend funds received under this paragraph to implement the audit.

(C) Once an energy audit has been conducted and completely implemented for each school within the school district, the school district may expend funds received under this paragraph for any of the following purposes:

(i) Conducting additional energy audits. A school district shall conduct an energy audit prior to expending funds on any other purpose authorized under this paragraph unless the school district has performed an energy audit within the three years immediately prior to receiving the funds.

(ii) Weatherizing school district facilities and upgrading the energy efficiency of school district facilities.

(iii) Energy conservation education programs.

(iv) Purchasing electricity from environmentally focused sources.

(v) Investing in renewable energy resources.

(D) Once a fleet audit has been conducted for the school district, the school district may expend funds received under this paragraph for any of the following purposes:

(i) Purchasing or leasing zero-emission vehicles, as defined in ORS 283.398 (Findings and goals for zero-emission vehicles) , including buses.

(ii) Purchasing or installing electric vehicle charging stations to provide electricity to zero-emission vehicles.

(f) Of the funds allocated under subsection (3)(b)(B) of this section, 25 percent must be used for activities, resources and technologies that serve low and moderate income customers, including for technologies that do not have above-market costs.

(g) Intentionally left blank —Ed.

(A) Funds collected by an electric company or Oregon Community Power, allocated for new low-income weatherization under subsection (3)(b)(C) of this section and directed to the Housing and Community Services Department shall be spent within the service territory of the electric company or Oregon Community Power from which the funds are collected.

(B) As further determined by the Housing and Community Services Department, a portion of the funds described in this paragraph may be used for manufactured housing replacements as a means to deliver energy efficiency, pursuant to a program dedicated to manufactured housing replacement.

(C) For purposes of this paragraph and as further determined by the Housing and Community Services Department, purposes related to new low-income weatherization includes providing funding for participants in programs by low-income weatherization service providers to change energy sources from bulk fuels to electricity service.

(h) The commission may not establish a different public purpose charge than the public purpose charge described in subsection (2) of this section.

(4) Intentionally left blank —Ed.

(a) A retail electricity consumer that uses more than one average megawatt of electricity at any site in the prior year shall receive a credit against public purpose charges billed by an electric company or Oregon Community Power for that site. The amount of the credit shall be equal to the total amount of qualifying expenditures for the above-market costs of new renewable energy resources and investments in distribution system-connected technologies incurred by the retail electricity consumer, not to exceed 25.5 percent of the annual public purpose charges, less administration costs incurred under this paragraph and paragraphs (b) and (c) of this subsection. The credit may not exceed, on an annual basis, the lesser of:

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

(B) The portion of the public purpose charge billed to the retail electricity consumer that is dedicated to the above-market costs of new renewable energy resources and investments in distribution system-connected technologies.

(b) To obtain a credit under paragraph (a) of this subsection, a retail electricity consumer shall file with the State Department of Energy a description of the proposed new renewable energy resource or investment in distribution system-connected technology and a declaration that the retail electricity consumer plans to incur the qualifying expenditure. The State Department of Energy shall issue a notice of precertification within 30 days of receipt of the filing, if such filing is consistent with paragraph (a) of this subsection. The credit may be taken after a retail electricity consumer provides a letter from a certified public accountant to the State Department of Energy verifying that the precertified qualifying expenditure has been made.

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

(5) Electric utilities and retail electricity consumers shall receive a fair and reasonable credit for the public purpose expenditures of their energy suppliers. The State Department of Energy shall adopt rules to determine eligible expenditures and the method by which such credits are accounted for and used. The State Department of Energy also shall adopt methods to account for eligible public purpose expenditures made through consortia or collaborative projects.

(6) For purposes of this section, “retail electricity consumers” includes any direct service industrial consumer that purchases electricity without purchasing distribution services from the electric utility.

(7) For purposes of this section, funds collected by Oregon Community Power through public purpose charges are not considered moneys received from electric utility operations. [1999 c.865 §3; 2001 c.134 §9; 2001 c.819 §3; 2005 c.22 §506; 2007 c.217 §9; 2007 c.301 §27; 2007 c.807 §43a; 2007 c.837 §2a; 2009 c.813 §1; 2011 c.467 §10; 2011 c.566 §2; 2015 c.180 §50; 2017 c.200 §1; 2019 c.565 §7; 2021 c.536 §5; 2021 c.547 §1]

Source: Section 757.612 — Requirements for public purpose expenditures; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.125 — OR Code / Title 57 / Chapter 759 / Section 759.125
759.125 Records and accounts prescribed by commission
Status: in_force

(1) The Public Utility Commission shall prescribe the accounts and records required to be kept and every telecommunications utility is required to keep and render its accounts and records accurately and faithfully in the manner prescribed by the commission and to comply with all directions of the commission relating to such accounts and records.

(2) No telecommunications utility shall keep any other accounts or records of its telecommunications utility business transacted than those prescribed or approved by the commission except such as may be required by the laws of the United States.

(3) The commission shall cause to be prepared suitable blanks for reports for carrying out the purposes of this chapter, and shall, when necessary, furnish such blanks for reports to each telecommunications utility. [1987 c.447 §9]

Source: Section 759.125 — Records and accounts prescribed by commission; prohibition on other records or accounts; exception; blanks for reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 757.077 — OR Code / Title 57 / Chapter 757 / Section 757.077
757.077 Incorrect billings
Status: in_force

(1) If a public utility determines that a current or former customer of the public utility was previously billed an incorrect amount for a service provided by the public utility under rate schedules or tariffs in effect for the public utility on the date on which the service was provided, the public utility may:

(a) If the public utility underbilled the customer, issue a bill to the customer for amounts the customer owes the public utility in accordance with subsection (2) of this section; or

(b) If the public utility overbilled the customer, refund the customer for amounts the public utility owes the customer in accordance with subsection (3) of this section.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, when issuing a bill under subsection (1)(a) of this section, a public utility:

(A) May only collect amounts incorrectly billed during the 12-month period ending on the date on which the public utility issued the last incorrect bill; and

(B) May not collect amounts incorrectly billed more than two years before the date on which the public utility identified the incorrect bill.

(b) If an incorrect billing described in subsection (1) of this section is the result of fraud, tampering, diversion, theft, misinformation or other dishonest or unlawful conduct for which the customer is responsible, the public utility may collect full payment for any amount that the customer of the public utility owes the public utility.

(3) When making a refund under subsection (1)(b) of this section, a public utility:

(a) May only refund amounts incorrectly received during the 12-month period ending on the date on which the public utility issued the last incorrect bill; and

(b) May not refund amounts incorrectly received more than three years before the date on which the public utility identified the incorrect bill. [2013 c.170 §2]

BUDGET, ACCOUNTS AND REPORTS OF UTILITIES

Source: Section 757.077 — Incorrect billings; collections; refunds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 757.969 — OR Code / Title 57 / Chapter 757 / Section 757.969
757.969 Municipally owned utility exempt from requirements
Status: in_force

ORS 757.963 (Public utility required to develop wildfire protection plan) and 757.995 (Civil penalty for violation of wildfire protection provisions or rule) do not apply to municipally owned utilities organized under ORS chapter 225. [2021 c.592 §6b]

Note: See note under 757.968 (Electric utility easement over private land) .

Source: Section 757.969 — Municipally owned utility exempt from requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).
ORS § 759.340 — OR Code / Title 57 / Chapter 759 / Section 759.340
759.340 Conditional approval of issuance
Status: in_force

The Public Utility Commission may by order grant permission for the issue of stocks or bonds, notes or other evidences of indebtedness in the amount applied for, or in a lesser amount, or not at all, and may attach to the exercise of the permission such condition or conditions as the commission deems reasonable and necessary. [1987 c.447 §36]

Source: Section 759.340 — Conditional approval of issuance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.035 — OR Code / Title 57 / Chapter 758 / Section 758.035
758.035 Commission’s power to enforce joint use of facilities
Status: in_force

(1) Every public utility, telecommunications utility, person, association or corporation having conduits, subways, street railway tracks, poles or other equipment on, over or under any street or highway shall for a reasonable compensation permit the use of the same by any public utility or telecommunications utility whenever public convenience or necessity requires such use and such use will not result in irreparable injury to the owner or other users of such equipment nor in any substantial detriment to the service to be rendered by such owners or other users.

(2) In case of failure to agree upon such use or the conditions or compensation for such use, any public utility, telecommunications utility, person, association or corporation interested may apply to the Public Utility Commission, and if after investigation the commission ascertains that public convenience or necessity requires such use and that it would not result in irreparable injury to the owner or other users of such equipment, the commission shall by order direct that such use be permitted and prescribe reasonable conditions and compensation for such joint use.

(3) The use so ordered shall be permitted and the prescribed conditions and compensation shall be the lawful conditions and compensation to be observed, followed and paid. The order of the commission is subject to judicial review in the manner provided by ORS 756.610 (Judicial review) . The order may be modified by the commission upon application of any interested party or upon the commission’s own motion. All public utilities and telecommunications utilities shall afford all reasonable facilities and make all necessary regulations for the interchange of business, or traffic carried or their product between them, when ordered by the commission so to do. [Formerly 757.040; 1987 c.447 §99; 2005 c.638 §12; 2017 c.312 §7]

Source: Section 758.035 — Commission’s power to enforce joint use of facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.259 — OR Code / Title 57 / Chapter 759 / Section 759.259
759.259 Extended area service: Portland to Molalla
Status: in_force

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

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

(3) Nothing in subsection (1) of this section authorizes a telecommunications utility to discontinue two-way, flat rate or measured extended area service in any exchange area where the service was provided prior to October 4, 1997. [1997 c.505 §2]

Source: Section 759.259 — Extended area service: Portland to Molalla , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 759.687 — OR Code / Title 57 / Chapter 759 / Section 759.687
759.687 Residential Service Protection Fund
Status: repealed

The Residential Service Protection Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by moneys in the fund shall be credited to the fund. All moneys in the fund are appropriated to the Public Utility Commission to carry out the provisions of chapter 290, Oregon Laws 1987. [1987 c.290 §8; 1989 c.966 §74; 1991 c.622 §3; 1991 c.872 §1; 1993 c.231 §2]

Note: Sections 2 to 6 and 16, chapter 290, Oregon Laws 1987, provide:

Sec. 2. The Legislative Assembly declares that it is the policy of this state to assure that adequate, affordable residential telecommunication service is available to all citizens of this state. [1987 c.290 §2]

Sec. 3. In carrying out the provisions of section 2 of this 1987 Act, the Public Utility Commission may require telecommunications public utilities to assure that time payment plans for deposits and installation charges or such other options as may be appropriate for a particular telecommunications public utility are made available. [1987 c.290 §3]

Sec. 4. In carrying out the provisions of section 2 of this 1987 Act the Public Utility Commission may:

(1) Notwithstanding ORS 757.310 (Prohibition related to charges for service) , approve a different rate for local exchange residential telecommunication service for low income customers than the rate charged to other residential customers. However, any such rate is subject to all other provisions of this chapter [ORS chapter 759].

(2) Establish plans, or require telecommunications public utilities to establish plans, to educate customers regarding the options available for obtaining telecommunication services. [1987 c.290 §4]

Sec. 5. (1) In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, the Public Utility Commission shall establish rules to prohibit the termination of local exchange residential service when such termination would significantly endanger the physical health of the residential customer.

(2) The commission shall provide by rule a method for determining when the termination of local exchange residential service would significantly endanger the physical health of the residential customer.

(3) Intentionally left blank —Ed.

(a) The commission shall require that each telecommunications public utility:

(A) Accept medical statements by licensed physicians, naturopathic physicians and licensed nurse practitioners as sufficient evidence of significant endangerment of health; and

(B) Establish procedures for submitting and receiving such medical statements.

(b) A medical statement submitted under this subsection shall be valid for such period as the commission, by rule, may prescribe.

(4) Rules adopted by the commission pursuant to this section shall not apply to telecommunication service other than local exchange residential service.

(5) A customer submitting a medical certificate as provided in this section is not excused from paying for telecommunication service. Customers are required to enter into a time payment agreement with the utility if an overdue balance exists. Local exchange service is subject to termination if a customer refuses to enter into or fails to abide by terms of a payment agreement.

(6) Nothing in this section prevents the termination of local exchange residential service if the telecommunications public utility providing the service does not have the technical ability to terminate toll telecommunication service without also terminating local exchange telecommunication service. [1987 c.290 §5; 2017 c.356 §104]

Sec. 6. (1) In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, and to support broadband internet access service, the Public Utility Commission shall establish a plan to provide assistance to low income customers through differential rates or otherwise. The plan of assistance may be in addition to the available funding offered by the Federal Communications Commission. The plan established by the Public Utility Commission shall prescribe the amount of assistance to be provided and the time and manner of payment.

(2) For the purpose of establishing a plan to provide assistance to low income customers under this section, the commission shall require all public utilities, cooperative corporations and unincorporated associations providing local exchange telecommunication service to participate in the plan, except as provided in subsection (3) of this section.

(3) In lieu of participation in the commission’s plan to assist low income customers, a public utility, cooperative corporation or unincorporated association providing local exchange telecommunication service may apply to the commission to establish an alternative plan for the purposes of carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, and supporting broadband internet access service for its own customers. The commission shall adopt standards for determining the adequacy of alternative plans.

(4) The commission may contract with any governmental agency to assist the commission in the administration of any assistance plan adopted pursuant to this section.

(5) As used in sections 2 to 6, chapter 290, Oregon Laws 1987, “low income customer” has the meaning given that term by the commission by rule. [1987 c.290 §6; 1991 c.622 §1; 2007 c.29 §1; 2009 c.599 §25; 2011 c.77 §1; 2013 c.29 §1; 2019 c.91 §1; 2021 c.66 §1]

Sec. 16. (1) Sections 1, 2, 3, 4 and 15, chapter 290, Oregon Laws 1987, are repealed on January 1, 2030.

(2) Section 5, chapter 290, Oregon Laws 1987, as amended by section 104, chapter 356, Oregon Laws 2017, is repealed on January 1, 2030.

(3) Section 6, chapter 290, Oregon Laws 1987, as amended by section 1, chapter 622, Oregon Laws 1991, section 1, chapter 29, Oregon Laws 2007, section 25, chapter 599, Oregon Laws 2009, section 1, chapter 77, Oregon Laws 2011, section 1, chapter 29, Oregon Laws 2013, section 1, chapter 91, Oregon Laws 2019, and section 1 of this 2021 Act, is repealed on January 1, 2030.

(4) Section 2, chapter 204, Oregon Laws 2005, as amended by section 359, chapter 70, Oregon Laws 2007, is repealed on January 1, 2030. [1987 c.290 §16; 1991 c.622 §4; 1997 c.481 §1; 2001 c.408 §1; 2009 c.544 §1; 2017 c.434 §4; 2021 c.66 §2]

Note: Sections 1 and 2, chapter 204, Oregon Laws 2005, provide:

Sec. 1. Section 2 of this 2005 Act is added to and made a part of sections 2 to 6, chapter 290, Oregon Laws 1987. [2005 c.204 §1]

Sec. 2. (1) In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, the Public Utility Commission shall adopt rules to prohibit the termination of local exchange residential service if the termination would significantly endanger a customer, or a person in the household of the customer, who is:

(a) At risk of domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) ;

(b) At risk of unwanted sexual contact, as defined in ORS 163.305 (Definitions) ;

(c) A person with a disability, as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) , who is at risk of abuse, as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) (1)(a), (d) or (e);

(d) An elderly person, as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) , who is at risk of abuse, as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) (1)(a), (d) or (e); or

(e) A victim of stalking, as described in ORS 163.732 (Stalking) .

(2) A customer may establish that termination of local exchange residential service would significantly endanger the customer, or a person in the household of the customer, by providing a telecommunications public utility with an affidavit signed by the customer stating that termination would place the customer, or a person in the household of the customer, at significant risk of domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , or of unwanted sexual contact, as defined in ORS 163.305 (Definitions) . The customer must attach to the affidavit a copy of an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order) , 107.700 (Short title) to 107.735 (Duties of State Court Administrator) , 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or 163.738 (Effect of citation) that restrains another person from contact with the customer, or a person in the household of the customer, or a copy of any other court order that restrains another person from contact with the customer, or a person in the household of the customer, by reason of a risk described in subsection (1) of this section or by reason of stalking.

(3) The commission shall require that each telecommunications public utility establish procedures for submitting and receiving affidavits under subsection (2) of this section.

(4) This section does not apply to termination of any telecommunication service other than local exchange residential service.

(5) A customer submitting an affidavit as provided by subsection (2) of this section is not excused from paying for telecommunication service. Customers are required to enter into a reasonable payment agreement with the telecommunications public utility if an overdue balance exists. Local exchange residential service may be terminated if a customer refuses to enter into or fails to abide by the terms of a reasonable payment agreement.

(6) Nothing in this section prevents the termination of local exchange residential service if the telecommunications public utility providing the service does not have the technical ability to terminate toll telecommunication service without also terminating local exchange residential service. [2005 c.204 §2; 2007 c.70 §359]

Source: Section 759.687 — Residential Service Protection Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 758.245 — OR Code / Title 57 / Chapter 758 / Section 758.245
758.245 Payment of costs for conversion
Status: in_force

Upon completion of the conversion of the overhead electric or communication facilities on public lands and right of way to underground, the affected utility shall file a verified statement of the costs of such conversion with the public authority. The public authority shall adopt an ordinance assessing the whole or any part of the cost of the conversion against the real property in the underground assessment district specifically benefited and shall promptly thereafter mail to each landowner a statement of the amount of such costs assessed to the property of the landowner. With the statement the public authority shall mail to each landowner a notice stating that:

(1) Service from the underground facilities is available;

(2) The landowner has 90 days after the date of the mailing of such notice to convert all overhead electric or communication facilities providing service to any structure or improvement located on the lot or parcel to underground service facilities; and

(3) After the 90-day period following the date of the mailing of the notice, the public authority will order the utilities to disconnect and remove all overhead electric and communication facilities providing service to any structure or improvement within the area. [1969 c.385 §8]

Source: Section 758.245 — Payment of costs for conversion; removal of overhead facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html (accessed May 26, 2025).
ORS § 759.056 — OR Code / Title 57 / Chapter 759 / Section 759.056
759.056 Price listing for product or service offered as part of interexchange telecommunications services
Status: in_force

(1) If the Public Utility Commission determines that a product or service offered by a telecommunications utility as part of interexchange telecommunications services can be demonstrated by the utility to be subject to competition, the commission, under conditions that the commission determines are reasonable, may authorize the utility to file a price list with the commission.

(2) The price list shall contain the description, terms, conditions and prices of the service or product described in subsection (1) of this section. No other schedule for price listed services need be filed with the commission. The price list or any revision of the price list is not subject to the provisions of ORS 759.180 (Hearing on reasonableness of rates) to 759.190 (Notice of schedule change) and shall become effective immediately on filing with the commission unless a later date is specified.

(3) In determining whether a product or service is subject to competition, the commission shall consider:

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

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

(c) Existing economic or regulatory barriers to entry.

(d) Any other factors deemed relevant by the commission. [2005 c.232 §10]

Source: Section 759.056 — Price listing for product or service offered as part of interexchange telecommunications services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html (accessed May 26, 2025).
ORS § 756.568 — OR Code / Title 57 / Chapter 756 / Section 756.568
756.568 Rescission, suspension and amendment of orders
Status: in_force

The Public Utility Commission may at any time, upon notice to the public utility or telecommunications utility and after opportunity to be heard as provided in ORS 756.500 (Complaint) to 756.610 (Judicial review) , rescind, suspend or amend any order made by the commission. Copies of the same shall be served and take effect as provided in ORS 756.558 (Taking of evidence) for original orders. [Formerly 757.540; 1973 c.776 §30; 1987 c.447 §92a; 1995 c.733 §70]

Source: Section 756.568 — Rescission, suspension and amendment of orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html (accessed May 26, 2025).
ORS § 772.410 — OR Code / Title 57 / Chapter 772 / Section 772.410
772.410 Right of entry and condemnation by mining, quarrying and lumber corporations
Status: in_force

Any corporation organized for the purpose of opening or operating any gold, silver, or copper vein or lode, or any coal or other mine, or any marble, stone or other quarry, or for cutting or transporting timber, lumber, or cordwood, or for the manufacture of lumber:

(1) May construct and operate railroads, skid roads, tramways, chutes, pipelines and flumes between such points as may be indicated in their articles of incorporation.

(2) May enter upon any land between such points in the manner provided by ORS 35.220 (Precondemnation entry on real property) for the purpose of examining, locating and surveying the line of such railroads, skid roads, tramways, chutes, pipelines and flumes, doing no unnecessary damage thereby.

(3) May condemn so much of said land as may be necessary for the purposes of this section, not exceeding 60 feet in width by a condemnation action as prescribed by ORS chapter 35. [Amended by 1953 c.559 §3; 2003 c.477 §11]

Source: Section 772.410 — Right of entry and condemnation by mining, quarrying and lumber corporations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 772.615 — OR Code / Title 57 / Chapter 772 / Section 772.615
772.615 Condemnation for underground reservoirs
Status: in_force

Any natural gas company may condemn for its use for the underground reservoir, as well as other property or interests in property which may be necessary to adequately maintain and utilize the underground reservoir for the underground storage of natural gas, including easements and rights of way for access to and egress from the underground storage reservoir. The provisions of ORS chapter 35 and ORS 520.340 (Legislative findings) and 520.350 (Property rights in underground reservoirs for natural gas storage) are applicable to any condemnation action brought under this section. [1977 c.296 §9]

Source: Section 772.615 — Condemnation for underground reservoirs; applicability of ORS chapter 35 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html (accessed May 26, 2025).
ORS § 757.895 — OR Code / Title 57 / Chapter 757 / Section 757.895
757.895 Ratemaking
Status: in_force

(1) The board of directors of Oregon Community Power shall establish rates for the provision of electricity within the service territory of Oregon Community Power using the procedure set forth under ORS 757.897 (Notice of ratemaking) .

(2) The board shall establish a rate structure under which rates that apply to a specific class of customers are designed to recover the costs of providing electricity and related services to that class of customers.

(3) The rates adopted by the board shall be sufficient to accomplish the following purposes:

(a) To properly maintain and operate all Oregon Community Power property and facilities;

(b) To recover the overall costs of the electric utility operations of Oregon Community Power;

(c) To reflect the income tax exempt status of Oregon Community Power so that the savings from tax exemption accrue to the benefit of the customers of Oregon Community Power;

(d) To pay all franchise fees, in lieu payments, privilege taxes and other charges and assessments that are properly imposed on Oregon Community Power or the property or facilities of Oregon Community Power;

(e) To pay principal and interest on all bonds, warrants or other obligations of any character in accordance with the terms and provisions of the obligations, including but not limited to bonds issued by Oregon Community Power for an acquisition described in ORS 757.812 (Definitions for ORS 757.812 to 757.950) to 757.950 (Authorization to issue and sell revenue bonds) ;

(f) To pay any other indebtedness or obligation for which Oregon Community Power may be obligated to pay;

(g) To pay any debt administration costs associated with bonds, warrants, obligations or other indebtedness described in paragraphs (e) and (f) of this subsection;

(h) To fund operating reserves in sufficient amounts to ensure the continued efficient operation of Oregon Community Power; and

(i) To establish and maintain any special funds that Oregon Community Power is obligated to create for the purpose of paying bond issues or other obligations. [2007 c.807 §22]

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

Source: Section 757.895 — Ratemaking , https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html (accessed May 26, 2025).