860-026-0015 “Promotional Concession” Defined (1) "Promotional concession" means any consideration offered or granted by an energy or large telecommunications utility or its affiliate to any person with the object, express or implied, of inducing such person to select or use the service or additional service of such utility, or to select or install any appliance or equipment designed to use such utility service. (2) For purposes of illustration, and without limiting the definition in section (1) of this rule, "promotional concession" includes: (a) Financing real property, including the construction of any building thereon, when such property is not owned or otherwise possessed by and not intended for the immediate use of the energy or large telecommunications utility or its affiliate; (b) Furnishing consideration to any architect, builder, engineer, subdivider, developer, or other person for work done or to be done on property not owned or otherwise possessed by and not intended for the immediate use of the energy or large telecommunications utility or its affiliate; except for studies to determine comparative capital cost and expenses to show the desirability or feasibility of selecting one form of energy over another; (c) Acquisition from any builder, subdivider, developer, or other person of any easement, right-of-way, license, lease or other property for consideration in excess of the reasonable cost or value thereof; (d) Furnishing consideration to any dealer, architect, builder, engineer, subdivider, developer, or other person for the sale, installation or use of any appliance or equipment; (e) Providing free, or at less than cost or value, any wiring, piping, appliance, or equipment to any other person; but an energy or large telecommunications utility, engaged in an appliance merchandising sales program, is not precluded from conducting legitimate close-outs of appliances, clearance sales and sales of damage or returned appliances; (f) Providing free, or at less than cost or value, any installation, operation, repair, modification, or maintenance of any appliance, equipment, wiring or piping of any other person; (g) Granting a trade-in allowance on the purchase of any appliance or equipment in excess of the fair market value of the trade-in; or the granting of an allowance for such appliance or equipment when such allowance varies by reason of the type of energy consumed in such appliance or equipment; (h) Financing the acquisition of any appliance or equipment at a rate of interest or on terms more favorable than those generally applicable to sales by nonutility dealers in such appliances or equipment; (i) Furnishing consideration to any person for any advertising or publicity purpose of such person; and (j) Guaranteeing the maximum cost of electric or gas utility service. (3) "Promotional concession" excludes: (a) Making any temporary emergency repairs to appliances or equipment of a customer, or performing any other repairs or maintenance for which the customer is charged at least at cost; (b) Inspecting and adjusting appliances or equipment which consumes electric or gas energy; (c) Providing appliances or equipment incidental to their demonstration for 60 days or less; (d) Providing light bulbs, street or outdoor lighting service, service pipe or other service equipment or appliances, in accordance with tariffs filed with and approved by the Commission; (e) Providing appliances or equipment to an educational institution for the purpose of instructing students in the use of such appliances or equipment; (f) Rebates, low interest loans, and other considerations for Commission-approved energy efficiency programs; and (g) Testing of new products and equipment that are expected to result in their inclusion in a Commission-approved energy efficiency program. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.267 History: PUC 16-2001, f. & cert. ef. 6-21-01 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035) PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)