justicedao/ipfs_state_laws huggingface dataset:
860-100-0140 Notice and Hearing on Proposed Orders and Assessments (1) The Commission will provide written notice of the proposed order or proposed assessment to the telecommunications provider and allow the telecommunications provider an opportunity to request a hearing before the Commission. (2) Within 30 days after service of the notice of proposed order or proposed assessment, a telecommunications provider may petition the Commission in writing for a hearing. If a petition is not filed within the 30-day period, the Commission will enter a final order or assessment based upon information in the Commission's files. If a petition is filed within the 30-day period, the Commission will grant the telecommunications provider a hearing and give the telecommunications provider at least 10 days’ notice of the time and place of the hearing. (3) The telecommunications provider must specify in its petition all reasons it disputes the proposed order or the proposed assessment. The Commission shall conduct a hearing on the telecommunications provider's petition under its rules governing hearings and proceedings. Unless the telecommunications provider has filed an amended contribution report, the amount shown on the contribution report is not subject to challenge by the telecommunications provider. (4) A Commission order deciding the petition becomes final after service of the Commission's order upon the petitioning telecommunications provider. (5) A proposed assessment made by the Commission under these rules is due and payable on the 10th day after the Commission's order becomes final. Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425 History: PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021 Renumbered from 860-032-0650, PUC 5-2016, f. & cert. ef. 11-22-16 PUC 23-2002, f. & cert. ef. 12-9-02
860-100-0150 OUS Record-keeping Requirements (1) A telecommunications provider must produce for inspection or audit upon request of the Commission or its authorized representative all records supporting its reports and worksheets required to be filed with the OUS Administrator. The Commission, or its representative, will allow the telecommunications provider a reasonable time to produce the records for inspection or audit. (2) A telecommunications provider must keep all records supporting each report and worksheet required to be filed with the OUS Administrator for three years, or until a Commission review or audit is complete, whichever is later. (3) In addition to any other penalty allowed by law, the Commission may suspend or cancel a telecommunications provider's certificate of authority to provide telecommunications service for its failure to produce for inspection or audit the records required by this rule. Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425 History: PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021 PUC 7-2017, amend filed 10/06/2017, effective 10/06/2017 Renumbered from 860-032-0660, PUC 5-2016, f. & cert. ef. 11-22-16 PUC 23-2002, f. & cert. ef. 12-9-02
860-100-0160 Refund of Oregon Universal Service Surcharge (1) A Pay Telephone provider may apply for a refund of the Oregon Universal Service (OUS) surcharge imposed on, and paid by, the provider under ORS 759.425(4) for the provision of Pay Telephone service. (2) An application for a refund of the OUS surcharge under this rule will be on forms prescribed by the Public Utility Commission. (a) An application must contain the applicant's: (A) Name; (B) Address; (C) Telephone number; (D) Time period for which the application is made; (E) Name of Pay Telephone provider; (F) Contact person; (G) Requested refund; (H) Number of Pay Telephones located in Oregon; (I) Signature of responsible party; (J) Affidavit of charges and payment; and (K) Mailing address for refund. (b) The Pay Telephone provider is responsible for contacting the Commission to obtain an application form. Forms are available on the Commission's website or by contacting the Commission by telephone. (3) Applications for refund under this rule must be made on a quarterly basis. Applications must be received by the Commission no later than 180 days after the end of each time period for which a refund is claimed. The quarterly time periods are July 1 through September 30, October 1 through December 31, January 1 through March 31, and April 1 through June 30. (a) For good cause shown, the Commission may allow a pay telephone provider to submit its application for refund beyond the 180-day deadline. (b) Applications for service rendered and payments made prior to July 1, 2003, will not be considered. (4) A Pay Telephone provider must produce for inspection or audit upon request of the Commission, or its authorized representative, all records supporting its application for refund. The Commission, or its authorized representative, will allow the Pay Telephone provider a reasonable time to produce the records for inspection or audit. A Pay Telephone provider must keep all records supporting each refund application for three years, or until a Commission review or audit is complete, whichever is later. Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 759.425(8) History: PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021 Renumbered from 860-032-0670, PUC 5-2016, f. & cert. ef. 11-22-16 PUC 7-2003, f. & cert. ef. 4-28-03
860-100-0200 OUS Fund Support Eligibility (1) A provider that has been designated by the Commission as eligible to receive support from the OUS Fund in a specific geographic area , may receive a distribution from the OUS Fund, provided that it: (a) Holds a certificate of authority issued under ORS 759.020; (b) Offers all supported services included in basic telephone service; (c) Offers, throughout the provider’s designated service area, all supported services included in basic telephone service; (d) Uses the provider’s own facilities, leased UNE facilities, or a combination of its own or leased facilities and resale of another provider’s retail services to provide the supported services; (e) Will use funds distributed from the OUS Fund for investment, construction, operation, maintenance, and repair to ensure that basic telephone service is available at reasonable and affordable rates in areas designated by the Commission for support; (f) Advertises the supported services included in basic telephone service; (g) Is certified by the Commission to offer and advertise Oregon Telephone Assistance Program supported services or a Commission-approved alternative plan, along with Tribal Lifeline and Tribal Link Up benefits, in compliance with Oregon Administrative Rules Chapter 860, Division 33; (h) Has the ability to remain functional during emergencies; (i) Is committed to and maintains service quality and consumer protection standards as required under OAR 860-023-0055 and OAR 860-034-0390; (j) Demonstrates that the provision of support is in the public interest; and (k) Meets all Commission reporting requirements related to OUS Fund contributions and distributions. (2) To be designated by the Commission as eligible to receive support from the OUS Fund, a competitive provider must petition the Commission for such designation in a specific geographic area and must demonstrate through its petition that the provider can meet the criteria listed in Section 1(a)-(k) of this rule. (3) A telecommunications provider is not eligible to receive an OUS Fund distribution following the Commission’s issuance of an order with an outstanding fee assessment for failing to comply with the conditions of its Certificate of Authority, until the terms of the order are satisfied. (4) A telecommunications provider is not eligible to receive an OUS Fund distribution in any month in which its Certificate of Authority has been cancelled by the Commission. Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425 History: PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021 PUC 7-2017, adopt filed 10/06/2017, effective 10/06/2017
860-100-0251 OUS Fund Support Distributions (1) For customer lines served by telecommunications utilities, the support amount for these lines for the calendar year 2022 shall be a continuation of the amounts provided for in Appendix A to Public Utility Commission Order No. 16-093, as corrected by Public Utility Commission Order No. 16-102, as set forth in Table A of this rule. (2) The support amount for qualified competitive providers for the calendar year 2022 will be adjusted to reflect the percent reduction that has occurred for the specific Non-Rural Company that owns the wire center between 2016 and the date the support amount is being calculated. Any review of support amounts stipulated in previous orders has been suspended for calendar year 2022. (3) Beginning January 1, 2023, the administrator shall make a monthly disbursement to each telecommunications provider that has been designated by the Commission as eligible to receive support from the OUS Fund in a specific geographic area, and when the Commission has calculated that support is required in that area, and funds are available to make a disbursement. (a) Monthly disbursements shall be processed before the 28th day of the month. (b) The amount of each telecommunications utility's monthly disbursement shall be one-twelfth of its annual determined support amount. (c) Each eligible competitive provider shall receive support as per 860-100-0125. (4) The administrator shall not pay, and shall hold in escrow, any disbursements otherwise due to an eligible provider that is also a contributing company if that company is not in compliance with its contribution requirements. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425 History: PUC 5-2022, adopt filed 07/26/2022, effective 07/27/2022
860-150-0005 Purpose, Scope, and Applicability (1) The purpose of these rules is to set forth the requirements governing renewable natural gas programs for large natural gas utilities and for small natural gas utilities. (2) These rules apply to purchases of renewable natural gas and to qualifying investments in renewable natural gas infrastructure by large and small natural gas utilities, as defined herein. (3) Nothing in these rules prohibits or limits the ability of a natural gas utility to file a rate schedule under which a retail natural gas customer may elect to pay a special rate for a quantity of renewable natural gas equivalent to all or a portion of that customer’s natural gas usage, consistent with the filing requirements under ORS 757.205, ORS 757.210, ORS 757.220, OAR Chapter 860, Division 22 and any other applicable requirements specified by the Commission in rule or order. (4) Upon request or its own motion, the Commission may waive any of the Division 150 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 Statutes/Other Implemented: ORS 757.394, 757.396, 757.398 History: PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020
860-150-0100 Renewable Natural Gas Resource Planning (1) Each large natural gas utility and small natural gas utility must, as part of an integrated resource plan filed after August 1, 2020, include information relevant to the RNG market, prices, technology, and availability that would otherwise be required under the Commission’s Integrated Resource Plan Guidelines, by order of the Commission, or by administrative rules. (2) In addition to the information required under section (1), a large natural gas utility must also include in each integrated resource plan: (a) Information about opportunities, challenges, and the natural gas utility’s strategy for meeting annual RNG targets in ORS 757.396 during the period of the integrated resource plan’s action plan; and (b) The cost effectiveness calculation that the utility will use to evaluate RNG resources, pursuant to OAR 860-150-0200. (3) In addition to the information required under section (1), each small natural gas utility must also include in its integrated resource plan: (a) An indication whether and when the utility expects to make a filing with the Commission, pursuant to OAR 860-150-0400, of its intent to begin participating in the RNG program described in these rules, if the utility has not already started to participate in the RNG program; (b) Information about opportunities, challenges, perceived barriers, and the natural gas utility’s strategy for participation in the RNG program described in these rules; and (c) The cost effectiveness calculation that the utility will use, pursuant to OAR 860-150-0200, to evaluate RNG resources, if the utility has not already filed this with the Commission pursuant to OAR 860-150-0400. (4) The requirements of this rule are in addition to all requirements concerning integrated resource plans contained in OAR 860-027-0400 and as specified by Commission Order Numbers 07-002 and 07-047. Statutory/Other Authority: ORS 183, 756.040, 757.262 Statutes/Other Implemented: ORS 756.040, 757.262 History: PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020
860-150-0300 Mechanisms for Recovery of Prudently Incurred Costs by Large Natural Gas Utilities (1) A large natural gas utility may make a filing, consistent with the requirements of OAR 860-022-0070 and other applicable rules of the Commission, seeking to pass through prudently incurred costs associated with the purchase of RNG to meet the annual targets for a large natural gas utility established in ORS 757.396, excluding qualified investments, by means of its purchased gas adjustment mechanism. Such costs may also include the utility’s cost of registration for the RTC tracking system described in OAR 860-150-0050, transaction costs for any RTCs acquired in association with the purchase of RNG from another entity, and transaction costs incurred to retire the RTCs associated with gas delivered to retail utility customers. (2) In filings, annual earnings reviews, and quarterly updates associated with the purchased gas adjustment mechanism, a large natural gas utility must clearly identify costs of purchased RNG and the costs associated with RTCs described in section (1) of this rule. (3) A large natural gas utility filing new or revised tariff schedules that constitute a general rate revision may seek to recover prudently incurred costs associated with qualified investments in its filing. (4) A large natural gas utility may file a request that the Commission establish an automatic adjustment clause for recovery of prudent costs associated with qualified investments that meet criteria to be established by the Commission. (5) If the Commission establishes an automatic adjustment clause pursuant to section (4), any rate adjustments made through this clause since the natural gas utility’s most recent general rate revision may be incorporated in the natural gas utility’s next general rate revision, as appropriate. Statutory/Other Authority: ORS 756, 757 Statutes/Other Implemented: ORS 757.394, 757.396 History: PUC 5-2020, adopt filed 07/17/2020, effective 07/17/2020
860-250-0005 Applicability and Waiver (1) These rules apply to broadband Internet access service providers engaged in the provision of broadband Internet access service to a public body, as set forth in Oregon Laws 2018, Chapter 88, Section 1(5), and any participant in a proceeding involving a determination made by the Commission under Oregon Laws 2018, Chapter 88, Section 1. These rules become effective on January 1, 2019. (2) Upon request or its own motion, the Commission may waive any Division 250 rule for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88 Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1 History: PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019
860-250-0010 Definitions For the purposes of Division 250: (1) “Broadband Internet access service” or “BIAS” has the same meaning as defined in Oregon Laws 2018, Chapter 88, Section 1(1)(a). (2) “Broadband Internet access service provider” or “BIAS provider” has the same meaning as defined in Oregon Laws 2018, Chapter 88, Section 1(1)(b). (3) “Covered broadband Internet access service provider” or “covered BIAS provider” means a broadband Internet access service provider engaged in the provision of broadband Internet access service to a public body under Oregon Laws 2018, Chapter 88, Section 1(5)(a). (4) “End user” has the same meaning as defined in Oregon Laws 2018, Chapter 88, Section 1(1)(e). (5) “Functionally equivalent service” or “functional equivalent” means a service that the Commission finds is providing a service that is the functional equivalent of the service described in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(i). (6) “Paid prioritization” has the same meaning as defined in Oregon Laws 2018, Chapter 88, Section 1(1)(i). (7) “Public body” means a public body, as defined in ORS 174.109, in the State of Oregon. Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88 Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1 History: PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019
860-250-0020 Required Public Disclosures by Covered BIAS Providers (1) Disclosures Consistent with Federal Law. Covered broadband Internet access service providers’ disclosures made in a form and manner that complies with 47 C.F.R. § 8.1(a); Restoring Internet Freedom , WC Docket No. 17-108, Declaratory Ruling, Report and Order, and Order, 33 FCC Rcd 311 (2018); and the FCC’s Instructions for Internet Service Providers , located at https://www.fcc.gov/disclosure-instructions-isps, presumptively satisfy the requirement that such providers publicly disclose information regarding their network management practices, performance characteristics, and commercial terms of their broadband Internet access service sufficient for end users to verify that the service is provided in compliance with Oregon Laws 2018, Chapter 88, Sections 1(3) and 1(4). (2) Changes to Applicable Federal Law. If the requirements for broadband Internet access service providers’ disclosures change under any federal law, rule, or guidance cited in section (1) of this rule, the Commission will determine within 180 days of that change whether it is necessary or appropriate to modify the Commission’s rules as a result of that change. Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88 Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(5)(b) History: PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019
860-250-0030 Functionally Equivalent Service Determinations (1) A petition requesting that the Commission make a determination regarding whether a service is a functional equivalent as provided for in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(ii) will be governed by ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001,and the requirements set forth in this rule. (2) A petition under section (1) of this rule must conform with the requirements of OAR 860-001-0400(1) and (2) and must include the following additional information to the extent relevant information is available to the petitioning party: (a) A detailed description of the service at issue. (b) A detailed explanation of why the service at issue is or is not a functional equivalent of the service described in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(i). To the extent possible, this explanation should include the following: (A) a description of the technical differences between the service at issue and the service described in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(i); (B) a description of or examples of how the service at issue is marketed to customers, including available marketing materials; (C) a description of or examples of how the service at issue is described to or by other third parties, such as standards bodies; and (D) a description or copy of an example customer service agreement for the service at issue. (c) Any public body, contract, or request for proposal (RFP) to which the petition relates. If applicable, the petition should include contact information for any public body identified and a description of the current status of and timeline for the affected contract or RFP. If the pleading relates to a procurement or contracting dispute, the petition should also identify any negative determination made by the relevant public body and indicate whether any applicable procurement appeal process was utilized. (d) Any parallel or related proceedings pending in any forum, if known. (e) A request for an appropriate protective order, as needed. (3) A response to a petition filed under sections (1) and (2) of this rule must conform with the requirements of OAR 860-001-0400(3) and (4)(a) and must respond to or supplement the information identified in section (2) of this rule to the extent relevant information is available to the responding party. Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88 Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(1)(a)(A)(ii) History: PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019