justicedao/ipfs_state_laws huggingface dataset:
860-029-0060 Obligation to Pay and Reimbursement of Interconnection Costs (1) Interconnection costs are the responsibility of the owner or operator of the qualifying facility. Interconnection costs that may reasonably be incurred by the public utility will be assessed against a qualifying facility on a nondiscriminatory basis with respect to other customers with similar load or other cost-related characteristics. (2) The public utility will be reimbursed by the qualifying facility for any reasonable interconnection costs including costs of financing at an interest rate no greater than the effective rate of the public utility’s last senior securities issuance at the time of the contract with the qualifying facility. Such reimbursement may be over any agreed period not greater than one-half the length of any contract between the public utility and the qualifying facility when the contract is for a period greater than two years; otherwise, reimbursement will be made over a one-year period. At the public utility’s option and with the Commission’s approval, a public utility may guarantee a loan to a qualifying facility for interconnection costs rather than finance such costs from the public utility’s own funds. Statutory/Other Authority: ORS 183, 756, 767, 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)
860-029-0070 System Emergencies (1) Qualifying facility’s obligation to provide power during system emergencies: A qualifying facility is required to provide energy and capacity to a public utility during a system emergency only to the extent: (a) Provided by agreement between such qualifying facility and public utility; or (b) Ordered under section 202(c) of the Federal Power Act. (2) During any system emergency, a public utility may curtail: (a) Purchases from a qualifying facility if such purchases would contribute to such emergency (including net output requirement); and (b) Sales to a qualifying facility, as qualified by section (3) of this rule, provided that such curtailment is on a nondiscriminatory basis. (3) Except in cases of practical impossibility, sales to a qualifying facility that is generating 50 percent or more of its load, may not be curtailed during a system emergency, or under mandatory curtailments established by Order No. 78-823, until all other customers in its class have been fully curtailed. (4) A qualifying facility that is unable to deliver power to a public utility owing to curtailment by the public utility will be relieved of any obligation to sell to the public utility during the curtailment period. 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)
860-029-0085 Requirements for Standard Avoided Cost Rates (1) Each public utility must file with the Commission standard avoided cost rates within 30 days of a Commission decision regarding acknowledgement of the public utility's integrated resource plan. (2) Each public utility currently complying with Oregon's renewable portfolio standard must file both "renewable" and "non-renewable" standard avoided cost rates. (3) The standard avoided cost rates filed by a public utility under sections (1) and (2) of this rule are subject to review and approval as well as modification by the Commission. The Commission may suspend the standard avoided cost rates during review. In any such review, the public utility has the burden of supporting and justifying its standard avoided cost rates. The standard avoided cost rates will be effective 30 days after filing unless otherwise determined by the Commission. (4)(a) On May 1 of each year, a public utility must file with the Commission updates to its standard avoided cost rates under sections (1) and (2) of this rule to reflect: (A) Updated natural gas prices; (B) On- and off-peak forward-looking electricity market prices; (C) Changes to the status of Production Tax Credit; and (D) Any other actions or changes that are acknowledged by the Commission upon review of an IRP Update and that are relevant to the calculation of avoided costs. (b) In the event a utility's integrated resource plan is acknowledged within 60 days of May 1 in a particular year, the utility may seek a waiver of either the May 1 update or the post IRP-acknowledgement filing. (c) Updates filed under this section are subject to review and approval as well as modification by the Commission. The Commission may set the effective date of the standard avoided cost rates during review. In any such review, the public utility has the burden of supporting and justifying its standard avoided cost rates Standard avoided cost rates filed under this section will be effective within 60 days of filing. (5)(a) Upon request or its own motion, the Commission may consider updates to avoided cost rates to reflect significant changes in circumstances including, but not limited to, the acquisition of a major block of resources or the completion of a competitive bid process. (b) An update under this section may be considered at any time. (c) Updates to avoided cost rates under this section are subject to review and approval by the Commission and will become effective within 90 days after filing. 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
860-030-0000 Exemptions (1) Except as provided in section (2) of this rule, the rules contained in this Division do not apply to unincorporated associations and cooperative corporations or to investor-owned electric utilities that satisfy their public purpose obligations under ORS 757.612. (2) These rules apply to investor-owned electric utilities to the extent required by ORS 469.860 through 469.900. (3) Upon request or its own motion, the Commission may waive any of the Division 030 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, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040 & 757.612 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 2-2001, f. & cert. ef. 1-5-01 PUC 3-1999, f. & cert. ef. 8-10-99
860-030-0007 Gas Utility Avoided Costs (1) Investor-owned gas utilities shall file a proposed avoided-cost method and draft avoided costs with their integrated resource plans pursuant to Order No. 89-507. The avoided-cost method filed should be appropriate for determining the cost effectiveness of weatherization measures from the gas utility’s perspective. (2) A gas utility may propose or the Commission may require a gas utility to file the data described in OAR 860-030-0007(1) during the two-year period between filing integrated plans pursuant to Order No. 89-507 to reflect significant changes in circumstances, such as acquisition of a major block of resources. Such a revision will become effective 90 days after filing. (3) At least every two years, the gas utility must file with the Commission the data described in section (1) of this rule. Statutory/Other Authority: ORS Ch. 183, 469, 756, 757 Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645 History: PUC 5-2019, amend filed 05/22/2019, effective 05/22/2019 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)
860-030-0011 Avoided Cost Data Reporting for Energy Efficiency (1) An energy utility that provides customer funds to a third-party nongovernmental entity approved by the Commission to administer energy efficiency measures and programs, market transformation, or the above-market costs of new renewable energy resources in the utility’s service area must submit data necessary to calculate its energy efficiency (EE) avoided costs for energy efficiency measures and programs in the manner and method specified in the Commission-approved reporting form. This form is available at: https://www.puc.state.or.us/Pages/electric_gas/formrpts.aspx. The EE avoided cost report must be submitted on or before October 15 of each year for use in the next energy efficiency program budget cycle. (2) An energy utility must include all data to support the values in its EE avoided cost form. (a) Relevant data may come from the energy utility’s most recent integrated resource plan or integrated resource plan update that has been acknowledged by the Commission, or was used in the energy utility’s most recent general rate case that has been resolved by a final order of the Commission; and (b) An energy utility may include more recent data with a supporting explanation as to why the Commission should approve its avoided costs based on such data. The Commission may approve the use of more recent data at its discretion. (3) At any time, the Commission may update the required data, format and methodology used to report specific values on the Commission-approved EE avoided cost reporting form. Any changes to the form that are approved by the Commission will take effect no less than 60 days following approval. (4) For purposes of this report, unless the context requires otherwise: (a) “Energy Efficiency avoided cost” or “EE avoided cost” means the value to an energy utility of avoiding the use of other resources to provide energy services to its customers through the use of an energy efficiency measure or program. (b) “Energy efficiency measure” or “energy efficiency program” refers to a measure or program that is designed to reduce energy consumption as a result of improved efficiency of energy use. (c) “Energy utility” means a public utility as defined in ORS 757.005 to which these rules apply. Statutory/Other Authority: ORS 756.060 Statutes/Other Implemented: ORS 756.040, 756.070 History: PUC 5-2019, adopt filed 05/22/2019, effective 05/22/2019
860-030-0013 Approval of EE Avoided Costs for Energy Efficiency Measures The third-party nongovernmental entity identified in OAR 860-030-0011 may not use utility-specific EE avoided cost data in the administration of such measures and programs until the data is approved by the Commission. The Commission will generally consider approval of EE avoided costs for this purpose within 60 days from the filing deadline for the EE avoided cost report. Statutory/Other Authority: ORS 756.060 Statutes/Other Implemented: ORS 756.040, 756.070 History: PUC 5-2019, adopt filed 05/22/2019, effective 05/22/2019
860-030-0018 Rental Unit Additional Financing (1) After December 31, 1985, energy utilities, upon request of final certification from the Department of Energy, under ORS chapter 469, shall offer additional financing as described in section (3) of this rule for energy conservation measures installed by a dwelling owner who rents the dwelling to a tenant whose dwelling unit receives energy for space heating from an energy utility. (2) Upon being notified by the Department of Energy that it has committed all available tax credits for rental unit additional financing for a given calendar year, an energy utility shall stop offering additional financing until it is notified that tax credits are available. (3) The dwelling owner may select one of the following types of financing: (a) The dwelling owner may select a low-interest loan pursuant to OAR 860-030-0015(2)(a). In such case, the dwelling owner shall be liable to repay to the energy utility the loan minus the present value to the utility of the tax credit received, as established pursuant to ORS 469.185 to 469.225; (b) The dwelling owner may select a cash payment pursuant to OAR 860-030-0015(2)(b). In such case, the cash payment shall be supplemented by an amount equal to the present value to the energy utility of the tax credit received, as established pursuant to ORS 469.185 to 469.225. (4) Investor-owned energy utilities shall notify their customers annually of the availability of the financing options with regard to the tax credit established pursuant to ORS 469.185 to 469.225 and of the option to apply directly to the State of Oregon for a tax credit. Statutory/Other Authority: ORS 183, 469, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645 History: PUC 7-2005, f. & cert. ef. 11-30-05 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 28-1985, f. & ef. 12-20-85 (Order No. 85-1212)
860-030-0020 Certain Energy Conservation Measures Excluded from Financing Energy conservation measures for any of the following building and improvement activities shall not be financed under an energy utility’s residential energy conservation program adopted pursuant to ORS 469.631 through 469.645: (1) Construction of a new dwelling; or (2) Construction which increases or changes the living space in a dwelling being remodeled, added to, or otherwise substantially altered. (3) When a dwelling or property owner proposes to build a new dwelling, remodel, or otherwise alter an existing dwelling, the Uniform Building Code (UBC) or local equivalent code must be complied with. Because weatherization programs are designed to be an incentive encouraging people to voluntarily weatherize, it would not be in the public interest to spend this money on loans or grants for measures which otherwise are required by state or local law. Statutory/Other Authority: ORS 183, 469, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645 History: PUC 1-1998, f. & cert. ef. 1-12-98 PUC 15-1985, f. & ef. 10-1-85 (Order No. 85-896) PUC 10-1985, f. & ef. 7-5-85 (Order No. 85-619) PUC 2-1982, f. & ef. 2-26-82 (Order No. 82-130) PUC 11-1981(Temp), f. & ef. 10-30-81 (Order No. 81-778)
860-030-0025 Assurance of Work Quality (1) The energy utility shall, at a minimum, inspect: (a) Each installation for which the customer requests inspection; (b) For each contractor with whom the energy utility has no current experience of work performance or whose past performance has shown inadequate performance, the first ten installations by that contractor and at least two of every ten installations thereafter. (2) The purposes of the inspections required under subsections (1)(a) and (1)(b) of this rule are to verify that the financed measures were installed and the standards of materials and workmanship set by the energy utility, which shall meet or exceed those of the Oregon State Building Code, are met. (3) When subsection (1)(a) or (1)(b) of this rule requires inspections, utility funds used for principal payment under this program shall not be dispersed until the standards referenced in section (2) of this rule are met. Statutory/Other Authority: ORS 183, 469, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645 History: PUC 1-1998, f. & cert. ef. 1-12-98 PUC 10-1985, f. & ef. 7-5-85 (Order No. 85-619) PUC 2-1982, f. & ef. 2-26-82 (Order No. 82-130) PUC 11-1981(Temp), f. & ef. 10-30-81 (Order No. 81-778)
860-030-0040 Commercial Energy Conservation Purpose, Statutory Authorization, and Policy. The purpose of these rules is to provide procedures, standards, and criteria for electric and gas utilities to present energy audit programs for commercial buildings as required by Oregon Laws 1981, Chapter 708, Sections (1) through (11) (ORS 469.865 et seq.). Statutory/Other Authority: ORS 183, 469, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645 History: PUC 1-1998, f. & cert. ef. 1-12-98 PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)
860-030-0055 Coordination of Utilities (1) When more than one utility serves the same building, the utilities shall, whenever possible, conduct a joint analysis of the energy consuming systems and present combined recommendations to the commercial building customer. When disputes arise among utilities in the coordination of analysis and recommendations, such disputes will be resolved by the utility with the highest average monthly billing for that customer. (2) If the commercial building customer uses oil, wood, or a renewable resource in the building, the energy utility shall make reasonable efforts to determine or estimate previous energy use records for that energy system and shall evaluate the system, particularly the operations and maintenance aspects of the system. When the practices and systems seem to warrant attention beyond the capability of the auditor or specialist, the customer shall be referred to the oil or wood supplier, qualified contractor, engineer, or architect. Statutory/Other Authority: ORS 183, 469, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645 History: PUC 1-1998, f. & cert. ef. 1-12-98 PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)
860-030-0060 Fees All utilities shall develop and present a fee schedule to the Commission for approval. A fee schedule may provide incentives to encourage audit and implementation of audit results. Fee schedules may be defined in terms of the level of complexity of the audit and may identify: per-hour cost of the on-site visit, basic per-hour analysis and report preparation costs, and cost of private consulting engineer’s or auditor’s fees, if any. Fees may be charged in proportion to work performed if two utilities cooperate on performing the audit for a single building or complex. Statutory/Other Authority: ORS 183, 469, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645 History: PUC 1-1998, f. & cert. ef. 1-12-98 PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)
860-030-0070 Reporting Requirements (1) Each energy utility shall perform on an annual basis a cost-effectiveness analysis of its commercial energy audit program which shall include, but not be limited to: (a) The number and cost of audits performed; (b) Number of measures recommended, by type; (c) Number of measures installed, by type; (d) Predicted energy and capacity savings, by type of measure installed and by the program as a whole; (e) The total program cost to customers; (f) The energy utility’s conclusions as to the cost effectiveness of the program; and (g) The energy utility’s recommendations for changes in the program. If the energy utility’s service is offered through an association, the association may provide the above information on an individual basis for each utility served. (2) Each energy utility may be required to report data aggregated by commercial category. The energy utility shall obtain the customer’s consent before making details of an audit available to any other person or entity. Statutory/Other Authority: ORS 183, 469, 756 & 757 Statutes/Other Implemented: ORS 469.631 - 469.645 & 756.040 History: PUC 18-1998, f. & cert. ef. 10-12-98 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)
860-030-0075 Accounting (1) The energy utility shall pass on to all of its customers the commercial energy audit program costs reasonably incurred pursuant to ORS 469.860 to 469.900, by accounting for the costs not recovered from the commercial building customer as an allowable revenue deduction and by including where applicable the unamortized balance of the accumulated deferred debits associated with commercial energy audit program costs in the rate base for rate-making purposes. (2) The energy utility shall keep books and accounts to permit the Commission to readily identify all costs incurred in connection with the commercial energy audit program. (3) All costs incurred by an energy utility pursuant to Oregon Laws 1981, Chapter 708, shall be placed in a deferred debit account until such time as the Commission issues an order including an appropriate amount of costs in rates. (4) After the authorized amount of costs is included in rates, deferred debit accounting shall not be used to recover additional costs unless the energy utility demonstrates the present level of recovery of costs is inadequate. (5) The costs accumulated in the deferred debit account may be disposed of by being included in rates by a tracking procedure or by being included in rates upon the issuance of an order by the Commission. Statutory/Other Authority: ORS 183, 469, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 469.631 - 469.645 History: PUC 1-1998, f. & cert. ef. 1-12-98 PUC 15-1985, f. & ef. 10-1-85 (Order No. 85-896) PUC 10-1982, f. & ef. 9-30-82 (Order No. 82-685)
860-031-0001 Applicability The rules contained in this division apply to all pipeline operators identified in ORS 757.039. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.039 & 759.039 History: PUC 3-1999, f. & cert. ef. 8-10-99
860-031-0005 Inspection of Gas Pipeline Operator Facilities (1) Priority in inspections will be given to those systems and plants with greater risk potential. The following factors will be considered in determining potential risk: the size of the plant or system and the number of customers it serves, the ratio of total pipe to cathodically protected pipe, the ratio of total pipe to coated pipe, the leaks per mile of main, the percentage of unaccounted-for gas volume, and the number of past accidents. (2) Inspections will include reviews of the operator’s standard practices and records concerning design, construction, operation, maintenance, inspection, emergency procedures, and damage prevention programs. Field inspections may include, but are not limited to: checks of cathodic protection levels, construction practices, barricading or protection of equipment from damage, witnessing operational checks of overpressure protection and regulating equipment, odorization, leak surveys, and other field functions. Any documentation, records, or physical evidence necessary to support allegations of noncompliance may be obtained by the investigator during the inspection or at any later date. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.039 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)
860-031-0010 Verbal Notice of Probable Violation to a Gas Pipeline Operator When an evaluation of an operator’s records, practices, or facilities indicates that the operator is not in compliance with a pipeline safety regulation, the investigator will informally discuss the probable violation of the regulation with the operator whenever practical before concluding the inspection. The operator may take on-site corrective action during the inspection or during the concluding interview at the facility when a probable violation exists. Whenever a probable violation is found, the investigator will issue a written inspection report pursuant to OAR 860-031-0015. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.039 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)
860-031-0015 Written Notice of Probable Violation to a Gas Pipeline Operator (1) As soon as practical after an inspection where a probable violation was noted, a written inspection report listing all violations found will be issued. The report will contain a notice that a probable violation exists, a short description of the probable violation, and a citation to the rule(s) in point. The report will specify reasonable times for the operator to submit a response and to correct the violation. If the probable violation was corrected at the time of the inspection or concluding interview, the corrective action will be noted in the inspection report. (2) The operator’s written response pursuant to OAR 860-031-0020 must be received by the Commission’s gas pipeline safety section within the time specified in the inspection report. If no written response is received within such time, the probable violation will be taken to be admitted. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.039 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)