justicedao/ipfs_state_laws huggingface dataset:
860-028-0130 Sanctions for Having No Contract (1) Except as provided in section (2) of this rule, a pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0060(2). The sanction may not exceed $500 per pole. This rule does not apply to: (a) A pole occupant that is a government entity; or (b) A pole occupant operating under an expired or terminated contract and participating in good faith efforts to negotiate a contract or engaged in formal dispute resolution, arbitration, or mediation regarding the contract; or (c) A pole occupant operating under a contract that is expired if both pole owner and occupant are unaware that the contract expired and both carry on business relations as if the contract terms are mutually-agreeable and still applicable. (2) Sanctions imposed pursuant to this rule will be imposed no more than once in a 365 day period. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675 History: PUC 2-2007, f. & cert. ef. 4-16-07 PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0130 & 860-034-0830 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-028-0140 Sanctions for Having No Permit (1) Except as provided in section (3) of this rule, a pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0120(1)(b), except as provided in 860-028-0120(3). (2) Sanctions imposed under this rule may not exceed: (a) Five times the current annual rental fee per pole if the violation is reported by the occupant to the owner and is accompanied by a permit application or is discovered through a joint inspection between the owner and occupant and accompanied by a permit application; or (b) $100 per pole plus five times the current annual rental fee per pole if the violation is reported by the owner in an inspection in which the occupant has declined to participate. (3) Sanctions imposed pursuant to this rule may be imposed no more than once in a 60 day period. (4) A pole owner may not impose new sanctions for ongoing violations after the initial 60 day period if: (a) The occupant filed a permit application in response to a notice of violation; or (b) The notice of violation involves more than the threshold number of poles, as defined in OAR 860-028-0020(32), and the parties agree to a longer time frame to complete the permitting process. (5) This rule does not apply to a pole occupant that is a government entity. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675 History: PUC 2-2007, f. & cert. ef. 4-16-07 PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0140 & 860-034-0840 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-028-0150 Sanctions for Violation of Other Duties (1) A pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0120(1)(c), (1)(d), or (3). Sanctions imposed for these violations may not exceed $200 per pole. (2) A pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0120(5). Sanctions imposed under this section must not exceed 15 percent of the actual cost of corrections incurred under OAR 860-028-0120(5). (3) Sanctions and charges imposed under sections (1) and (2) of this rule do not apply if: (a) The occupant submits a plan of correction in compliance with OAR 860-028-0170 within 60 calendar days of receipt of notification of a violation; or (b) The occupant corrects the violation and provides notification of the correction to the owner within 180 calendar days of receipt of notification of the violation. (4) If a pole occupant submits a plan of correction in compliance with OAR 860-028-0170 and fails to adhere to all of the provisions and deadlines set forth in that plan, the pole owner may impose sanctions for the uncorrected violations documented within the plan. (5) Notwithstanding the timelines provided for in section (3) of this rule, a pole owner must notify the occupant immediately of any violations occurring on attachments that are newly-constructed and newly-permitted by the occupant or are caused by the occupant’s transfer of currently-permitted facilities to new poles. The occupant must immediately correct the noticed violation. If the violation is not corrected within five days of the notice, the pole owner may immediately impose sanctions. (a) Sanctions may be imposed under this section only within 90 calendar days of the pole occupant providing the pole owner with a notice of completion. (b) Sanctions under this section will not be charged to the pole occupant if the violation is discovered in a joint post-construction inspection between the pole owner and pole occupant, or their respective representatives, and is corrected by the pole occupant within 60 calendar days of the joint post-construction inspection or within a mutually-agreed upon time. (c) If the pole occupant performs an inspection and requests a joint post construction inspection, the pole owner’s consent to such inspection must not be unreasonably withheld. (6) This rule does not apply to a pole occupant that is a government entity. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675 History: PUC 2-2007, f. & cert. ef. 4-16-07 PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0150 & 860-034-0850 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-028-0160 Choice of Sanctions (1) If a pole owner contends that an attachment of a pole occupant violates more than one rule that permits the pole owner to impose a sanction, then the pole owner may select only one such rule on which to base the sanction. (2) If a pole owner has a contract with a pole occupant that imposes sanctions that differ from those set out in these rules, then the sanctions in the contract apply unless the pole owner and pole occupant agree otherwise. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675 History: PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0160 & 860-034-0860 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-028-0170 Plans of Correction (1) A plan of correction must, at a minimum, set out: (a) Any disagreement, as well as the facts on which it is based, that the pole occupant has with respect to the violations alleged by the pole owner in the notice; (b) The pole occupant's suggested compliance date, as well as reasons to support the date, for each pole that the pole occupant agrees is not in compliance with OAR 860-028-0120. (2) If a pole occupant suggests a compliance date of more than 180 days following receipt of a notice of violation, then the pole occupant must show good cause. (3) Upon its receipt of a plan of correction that a pole occupant submits under OAR 860-028-0150(3)(a), a pole owner must give notice of its acceptance or rejection of the plan. (a) If the pole owner rejects the plan, then it must set out all of its reasons for rejection and, for each reason, must state an alternative that is acceptable to it; (b) The pole occupant’s time for compliance set forth in the plan of correction begins when the plan of correction is mutually agreed upon by both the pole owner and the occupant. (c) If a plan of correction is divisible and if the pole owner accepts part of it, then the pole occupant must carry out that part of the plan. (d) If a pole occupant submits a plan, the pole occupant must carry out all provisions of that plan unless the pole owner consents to a submitted plan amendment. (4) Pole occupants submitting a plan of correction must report to the pole owner all corrections completed within the timelines provided for within the plan. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675 History: PUC 2-2007, f. & cert. ef. 4-16-07 PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0170 & 860-034-0870 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-028-0180 Removal of Occupant Pole Attachments (1) If the pole occupant fails to meet the time limitations set out in OARs 860-028-0120, 860-028-0130, 860-028-0140, or 860-028-0150 by 180 or more days, then the pole owner may request an order from the Commission authorizing removal of the pole occupant's attachments. Nothing in this section precludes a party from pursuing other legal remedies. (2) This rule does not apply to a pole occupant that is a government entity. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675 History: PUC 2-2007, f. & cert. ef. 4-16-07 PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0180 & 860-034-0880 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-028-0190 Notice of Violation A pole owner that seeks, under these rules, any type of relief against a pole occupant for violation of OAR 860-028-0120 must provide the pole occupant notice of each attachment allegedly in violation of the rule, including the provision of the rule each attachment allegedly violates; an explanation of how the attachment violates the rule; and the pole number and location, including pole owner maps and GPS coordinates, if available. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675 History: PUC 2-2007, f. & cert. ef. 4-16-07 PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0190 & 860-034-0890 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-028-0195 Time Frame for Final Action by Commission The Commission shall issue its final order within 360 days of the date a complaint is filed in accordance with these rules. This rule does not apply to a complaint involving the attachment(s) of an “incumbent local exchange carrier” (as that phrase is defined in 47 U.S.C. Section 251(h)(2002)). Statutory/Other Authority: ORS 183, 756, 757 & 759 & 47 USC § 224(c)(3)(B)(ii) Statutes/Other Implemented: ORS 756.040, 757.270-290, 759.045 & 759.650-675 History: PUC 9-2004, f. & cert. ef. 4-21-04
860-028-0200 Joint-Use Association (1) Pole owners and pole occupants shall establish a Joint-Use Association (JUA). The Association shall elect a Board from the JUA, which shall include representatives of pole owners, pole occupants, and government entities. The Board shall act as an advisor to the Commission with respect to: (a) Adoption, amendment, or repeal of administrative rules governing pole owners and pole occupants; and (b) Settlement of disputes between a pole owner and a pole occupant that arise under administrative rules governing pole owners and pole occupants. (2) In the event a representative is involved in a dispute under subsection (1)(b) of this rule, then the representative shall not participate in resolution of the dispute, and the JUA shall appoint a temporary representative with a similar interest. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675 History: PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0200 & 860-034-0900 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-028-0210 Resolution of Disputes over Plans of Correction (1) If a pole occupant and a pole owner have a dispute over the reasonableness of the plan of correction, then either party may request an order from the Commission to resolve the dispute. The party requesting resolution shall provide notice of its request to the Commission and to the other party: (a) Upon receipt of a request, the Commission Staff shall, within 15 days, provide to the parties a recommended order for the Commission; (b) Either party may, within 15 days of receipt of the recommended order, submit written comments to the Commission regarding the recommended order; (c) Upon receipt of written comments, the Commission shall, within 15 days, issue an order. (2) Notwithstanding section (1) of this rule, either the pole owner or pole occupant may request a settlement conference with the Joint-Use Association. The settlement conference shall be in addition to, not in lieu of, the process set forth in section (1). Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675 History: PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0210 & 860-034-0910 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-028-0220 Resolution of Factual Disputes (1) If a pole occupant and pole owner have a dispute over facts that the pole occupant and pole owner must resolve so that the pole owner can impose appropriate sanctions, or in the event that a pole occupant is alleging that a pole owner is unreasonably delaying the approval of a written contract or the issuance of a permit, then either the pole owner or the pole occupant may request a settlement conference before the Joint-Use Association (JUA). The party making the request shall provide notice to the other party and to the JUA. (2) If the JUA does not settle a dispute described in section (1) of this rule within 90 days of the notice, then either the pole owner or the pole occupant may request a hearing before the Commission and an order from the Commission to resolve the dispute: (a) Upon receipt of a request, the Commission Staff shall, within 30 days, provide to the parties a recommended order for the Commission; (b) Either party may, within 30 days of receipt of the recommended order, submit written comments to the Commission regarding the recommended order; (c) Upon receipt of written comments, the Commission shall, within 30 days, issue an order. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270-290, 759.045 & 759.650-675 History: PUC 23-2001, f. & cert. ef. 10-11-01, Renumbered from 860-022-0220 & 860-034-0920 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 15-2000, f. 8-23-00, cert. ef. 1-1-01
860-029-0001 Purpose The purpose of this Division is to implement ORS 758.505 through 758.555 and to implement regulations relating to electric utilities and qualifying cogeneration and small power production facilities as provided under Section 210 of the federal Public Utility Regulatory Policies Act of 1978 (PURPA), Public Law 95-617 (16 USC 824a-3). [Publications: Publications referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 756, 757 & 758 Statutes/Other Implemented: ORS 756.040, 757.612 & 758.505 - 758.555 History: PUC 3-2008, f. & cert. ef. 7-8-08 PUC 2-2001, f. & cert. ef. 1-5-01 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742) PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)
860-029-0005 Applicability of Rules (1) These rules apply to all interconnection, purchase, and sale arrangements between a public utility and facilities that are qualifying facilities as defined herein. Provisions of these rules do not supersede contracts existing before the effective date of this rule. At the expiration of such an existing contract between a public utility and a cogenerator or small power producer, any contract extension or new contract must be offered on terms and conditions that comply with these rules. (2) Nothing in these rules limits the authority of a public utility or a qualifying facility to agree to a rate, terms, or conditions relating to any purchase, which differ from the rate or terms or conditions that would otherwise be provided by these rules, provided such rate, terms, or conditions do not burden the public utility's customers. (3) Upon request or its own motion, the Commission may waive any of the Division 29 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758 Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555 History: PUC 8-2023, amend filed 07/25/2023, effective 07/26/2023 PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018 PUC 6-2011, f. & cert. ef. 9-14-11 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 8-1995, f. & cert. ef. 8-30-95 (Order No. 95-858) PUC 14-1987, f. & ef. 11-19-87 (Order No. 87-1154) PUC 5-1986, f. & ef. 5-15-87 (Order No. 86-488) PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742) PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514) PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)
860-029-0030 Obligations of the Public Utility to Qualifying Facilities (1) Obligations to purchase from qualifying facilities: Each public utility must purchase, in accordance with OAR 860-029-0040, any energy and capacity in excess of station service (power necessary to produce generation) and amounts attributable to conversion losses that is made available from a qualifying facility: (a) Directly from a qualifying facility in its service territory; or (b) Indirectly from a qualifying facility in accordance with section (4) of this rule. (2) Obligation to sell to qualifying facilities: Each public utility must sell to any qualifying facility, in accordance with OAR 860-029-0050, any energy and capacity requested by the qualifying facility on the same basis as available to other customers of the public utility in the same class who do not generate electricity. (3) Obligation to interconnect: Each public utility must interconnect with any qualifying facility as may be necessary to accomplish purchases or sales under this division. The obligation to pay for any interconnection costs shall be determined under OAR 860-029-0060. (4) Option to wheel power to other electric utilities or to the Bonneville Power Administration: At the request of a qualifying facility, a public utility (which would otherwise be obliged to purchase energy or capacity from such qualifying facility) may transmit (wheel) energy or capacity to any other electric utility or to the Bonneville Power Administration, at the expense of the qualifying facility. Use of a public utility’s transmission facilities shall be on a cost-related basis. (5) Parallel operation: Each public utility must offer to operate in parallel with a qualifying facility, provided that the qualifying facility complies with the standards established in accordance with OAR 860-029-0020. (6) When the generating portion of the qualifying facility consumes more electric energy than it produces, the public utility shall cease purchases. (7) Within 30 days of the execution of any purchase agreement with a qualifying facility, the public utility must file with the Commission a true copy or summary of the terms of the executed agreement. If a summary is filed, the summary must identify the quantity and quality of the power and the price being paid. A true copy of the executed contract must be made available upon request for Commission staff review. Statutory/Other Authority: ORS 183, 756, 757, 758 Statutes/Other Implemented: ORS 756.040, 758.505 - 758.555 History: PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742) PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514) PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)
860-029-0043 Standard Rates for Purchase (1) Each public utility must offer standard non-renewable avoided cost rates to eligible qualifying facilities. (2) Each public utility that acts to comply with Oregon's renewable portfolio standard must offer standard renewable avoided cost rates to eligible qualifying facilities. (3) Unless the Commission adopts a higher threshold, all qualifying facilities with a nameplate capacity of 100 kW and less are eligible for standard avoided cost rates. (4) Each public utility must file standard avoided cost rates that differentiate between qualifying facilities of different resource types by taking into account the contributions to meeting the utility's peak capacity of the different resource types. (5) Each public utility must update its standard avoided costs in accordance with OAR 860-029-0085. Statutory/Other Authority: ORS 183, 756, 757, 758 Statutes/Other Implemented: ORS 756.040, 758.505-758.555 History: PUC 8-2018, adopt filed 11/02/2018, effective 11/02/2018
860-029-0047 Integration Charges (1) Each public utility may assess Commission-approved integration charges on wind and solar qualifying facilities that are located within the public utility's Balancing Authority Area. (2) The public utility bears the burden to establish the proposed integration charge or charges reflecting the costs of integrating the type of resource that will be subject to the charges. (3) To the extent they are to be imposed by the public utility, any integration charges must be included in the public utility's avoided cost schedules. Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 758 Statutes/Other Implemented: ORS 756.040 & ORS 758.505-758.555 History: PUC 8-2023, adopt filed 07/25/2023, effective 07/26/2023
860-029-0050 Rates for Sales (1) Rates for sales by public utilities must: (a) Be just and reasonable and in the public interest; and (b) Not discriminate against qualifying facilities. (2) Rates for sales that are based on accurate data and consistent, system-wide costing principles will be considered not to discriminate against any qualifying facility to the extent that such rates apply to the public utility's other customers with similar load or other cost-related characteristics. (3) The following additional services must be provided by a public utility to a qualifying facility at its request: (a) Supplementary power; (b) Back-up power; (c) Maintenance power; and (d) Interruptible power. (4) When a waiver request is filed under OAR 860-029-0005(4), the Commission may waive any requirement of section (3) of this rule if, after notice in the area served by the public utility and after opportunity for public comment, the public utility demonstrates and the Commission finds that compliance with such requirement will: (a) Impair the public utility's ability to render adequate service to its other customers; or (b) Place an undue burden on the public utility. (5) The rate for sale of back-up power or maintenance power: (a) May not be based upon an assumption (unless supported by factual data) that forced outages or other reductions in electric output by all qualifying facilities on a public utility's system will occur simultaneously, during the system peak, or both; and (b) Must take into account the extent to which scheduled outages of the qualifying facilities can be coordinated usefully with the scheduled outages of the public utility's facilities. Statutory/Other Authority: ORS 183, 756, 757, 758 Statutes/Other Implemented: ORS 756.040, 758.505 - 758.555 History: PUC 8-2018, amend filed 11/02/2018, effective 11/02/2018 PUC 6-2011, f. & cert. ef. 9-14-11 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 21-1984, f. & ef. 9-25-84 (Order No. 84-742) PUC 7-1982, f. & ef. 7-21-82 (Order No. 82-514) PUC 9-1981, f. & ef. 10-29-81 (Order No. 81-755)