justicedao/ipfs_state_laws huggingface dataset:
860-036-1800 Service Territory Allocation Definitions For purposes of service territory allocation OAR 860-036-1800 through 860 036-1850: (1) "Allocated territory" means an approved area with boundaries set out by Commission order granting an exclusive service territory. (2) "Community water supply system" has the meaning provided by ORS 758.300. (3) "Water utility" has the meaning provided in ORS 758.300. Statutory/Other Authority: ORS 183, 756, 757 & 758 Statutes/Other Implemented: ORS 758.300-758.320 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1810 Allocation of Service Territory (1) Any water utility may apply for an order designating the territory it serves adequately and exclusively as its exclusive service territory. The application must include: (a) The information required by OAR 860-036-1100(2); (b) The water utility's business organization, i.e., corporation, partnership, limited partnership, sole proprietorship, association, etc.; (c) The name and address of each corporate officer, director, partner, and all other persons owning an interest in the water utility; (d) A statement showing the financial and technical ability of the water utility to provide service to the territory; (e) A detailed map of the water utility’s existing lines and facilities; (f) A detailed map of the water utility's current service territory. The water utility must identify the source of the map, which may include a GIS map, city or county map, tax lot map, or plat map; (g) A written description of the water utility's current service territory. The description may be a legal description or may reference township, range, and section; interstates, state roads, and local streets; rivers, streams, and major bodies of water; and recorded plats or lots, tracts, or other recorded instruments identifying permanent fixtures references; (h) Evidence that the water utility owns the land upon which the water utility facilities are located, or a copy of an agreement that provides for the continued use of the land, such as an easement or lease; (i) A schedule showing the number of customers currently served by class and meter size. If the service area is not built out, indicate the number of proposed customers expected to be served when the current service territory is fully occupied; (j) The name and address of the nearest municipalities, the county, any known planning councils or governmental authorities having concern with the application, and all known water utilities and community water supply systems in the general area of the service territory the water utility is seeking; and (k) A copy of the customer notice of application required under section (2) of this rule and a complete customer mailing list. (2) Within 15 calendar days of the filing date of the application for exclusive service territory, a water utility must provide written notice to each customer affected by the application. The notice must include: (a) The information required by OAR 860-036-1100(2) (b) The purpose of the notice; (c) An accurate and detailed written description of the territory applied for; (d) The date the filing was submitted to the Commission; (e) A statement that customers may file a protest with the Commission; and (f) The contact information for the Consumer Services Section provided in OAR 860 001-0020(2). Statutory/Other Authority: ORS 183, 756, 757 & 758 Statutes/Other Implemented: ORS 758.300-758.320 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1820 Filing an Application to Expand Exclusive Service Territory (1) A water utility may apply to expand its designated service territory to serve an area not currently being provided water service by filing an application under ORS 758.302(2). The application must include: (a) The information required in OAR 860-036-1810(1)(a) through (k): (b) A statement describing the need and reasons for water service in the proposed expanded service territory; (c) The approximate date the water utility plans to begin providing service to the proposed expanded service territory; (d) The proposed rates and charges to customers in the expanded service territory. Include customer growth projections that support the proposed water service rates and charges; (e) A study showing the projected cost to provide service to the proposed expanded service territory. Identify the amount per each operating expense account at full build out; (f) A schedule showing the projected capital structure including the methods of financing the construction and operation of the utility until it reaches 100 percent of the design capacity of the system; (g) Evidence of existing or proposed capacities of the system and facilities to adequately serve the proposed expanded territory. Provide estimated average daily customer demand, customer peak demand, and daily pumping capacity per water source in gallons or cubic feet. If development will be in phases, separate this information by phase; (h) A written description of the type of water treatment necessary, if required; (i) A schedule showing the projected cost of the capital improvements necessary to serve the proposed service territory by plant accounts and the expected date the plant is projected to go into service. If the system is to be built in phases, show information for each phase individually; (j) A list of all entities, including affiliates, upon which the applicant is relying to provide funding to the water utility for capital improvement, and an explanation of the manner and amount of such funding, including their financial statements and a copy of all contracts or agreements with the utility. This requirement will not apply to any person or entity holding less than 10 percent ownership interest in the utility; (k) Financial statements demonstrating applicant's financial capability; (l) A statement showing applicant's technical ability or capacity to procure technical skill necessary to provide service; and (m) A statement describing any impact the expansion of service territory may have on existing customers. (2) Within 15 calendar days of the filing date of the application, a water utility must provide written notice to existing customers that contains the information required by OAR 860-036-1810(2) as modified to reflect the request to expand service territory. Statutory/Other Authority: ORS 183, 756, 757 & 758 Statutes/Other Implemented: ORS 758.300-758.320 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1830 Reduction of Approved Service Territory Boundaries (1) A water utility may apply to decrease its designated service territory. The application must demonstrate that the water utility is not providing adequate service to its customers or does not have the capacity to serve the designated exclusive service territory. (2) Within 15 calendar days of the filing date of the application, a water utility must provide written notice to each customer that contains the information required by OAR 860-036-1810(2) as modified to reflect the request to decrease service territory. Statutory/Other Authority: ORS 183, 756, 757 & 758 Statutes/Other Implemented: ORS 758.300 - 758.320 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1840 Transfer of Approved Service Territory (1) The rights acquired by an approved service territory may be transferred only with the approval of the Commission. The application must include: (a) The application requirements as provided in OAR 860-036-1810; (b) Evidence demonstrating that the transfer of the service territory is in the public interest. (2) Within 15 calendar days of the filing date of the application, a water utility must provide written notice to each customer affected by the application that contains the information required by OAR 860-036-1810(2) as modified to reflect the request to transfer designated service territory. (3) Designated service territory will not be altered solely as the result of a change in ownership or form of ownership. Statutory/Other Authority: ORS 183, 756, 757 & 758 Statutes/Other Implemented: ORS 758.300 - 758.320 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1850 Exclusive Obligation to Serve (1) A water utility has an obligation to serve all applicants for service within its designated territory and may only refuse service as provided in OAR 860-036-1270. (2) A water utility or community water supply system may not provide water utility service within an approved exclusive service territory of another water utility without the express approval of the Commission. Statutory/Other Authority: ORS 183, 756, 757 & 758 Statutes/Other Implemented: ORS 758.300 - 758.320 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1900 Regulation of Water Utilities (1) Except as provided in section (2) and (3) of this rule, a water utility serving less than 500 customers is not subject to Commission regulation and need not pay an annual revenue fee. (2) A water utility serving less than 500 customers is subject to service regulation if: (a) The Commission determines that the water utility has provided discriminatory service; or (b) The water utility charges an average annual residential rate that exceeds $24 per month. (3) A water utility serving less than 500 customers is subject to rate and service regulation if: (a) The water utility also provides wastewater services within the boundaries of a city; (b) The water utility requests that it be subject to rate and service regulation as provided in OAR 860-036-1940; or (c) The water utility proposes to charge a monthly rate that exceeds the threshold level set forth in OAR 860-036-1910 and at least 20 percent of the customers petition the Commission requesting the water utility be subject to rate and service regulation. (4) A water utility serving 500 or more customers is subject to rate and service regulation. When a water utility’s customer count exceeds 500 customers, the Commission will issue an order establishing the water utility's regulatory status as a rate-regulated water utility. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 757.061 & 757.063 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1910 Threshold Levels for Rate Regulation of Water Utilities Serving less than 500 Customers A water utility serving less than 500 customers must notify its customers of the right to petition for rate regulation if it proposes to charge residential or commercial customers more than the following amounts in order to obtain water service: (1) For unmetered customers with a pipe diameter of less than one inch, an annual average monthly charge of $54 per customer; (2) For metered customers with a meter diameter of less than one inch, an annual average monthly charge of $57 per customer; (3) For unmetered customers with a pipe diameter of one inch or larger, an annual average monthly charge of $152 per customer; and (4) For metered customers with a meter diameter of one inch or larger, an annual average monthly charge of $163 per customer. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 757.061 History: PUC 10-2023, amend filed 09/25/2023, effective 09/25/2023 PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1930 Petition for Rate Regulation of Association by Members (1) For purposes of this rule, "association" means an association of individual members that owns, operates, provides, manages, or controls a water system that provides water service to only its members. (2) Current members of any association providing water service exclusively to its membership may petition the Commission at any time requesting the association be rate regulated. (a) Petition forms are available on the Commission's website at www.oregon.gov/puc. Petition forms must be complete and signed by the customer; (b) Original petitions must be mailed to the Consumer Services Section, PO Box 1088, Salem, Oregon 97308-1088 or personally delivered to 201 High Street SE, Suite 100, Salem, Oregon, 97301. (c) Copies of petitions or petitions without an original signature will not be accepted. Petitions may not be filed electronically; and filed petitions may not be withdrawn or rescinded. (2) If the Commission receives petitions from 20 percent of the association's members and determines that regulation is in the public interest, it will issue an order establishing the association's regulatory status as a rate-regulated water utility. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.063 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1940 Water Utility Requesting Rate Regulation and Notice Requirements (1) A water utility serving fewer than 500 customers may request to be rate regulated by the Commission. The water utility must electronically file a letter of application specifically stating that it is requesting rate regulation and the reasons for the request. (2) The same day it files the application, the water utility must provide a separate written notice to its customers and the Consumer Services Section. The notice must be posted in the utility's office and on its website, if available. The notice must provide: (a) The date; (b) The information required by OAR 860-036-1100(2); (c) A statement that the water utility is seeking to be rate regulated by the Public Utility Commission of Oregon; (d) The reasons the water utility is seeking rate regulation; and (e) A statement that customers with questions regarding the filing may contact the Consumer Services Section at the contact information provided in OAR 860-001-0020(2). Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.061 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1950 Removal of Rate Regulation (1) When a rate-regulated water utility is reorganized through the sale, merger, or transfer of the water system or the transfer of all the water utility’s customers to a non-jurisdictional entity, the rate-regulated water utility no longer meets the definition of a public utility under ORS 757.005. Non-jurisdictional entities include municipal entities, quasi-municipal entities, or a non-rate regulated association that serves only its members. (2) If the regulated water utility is reorganized into an association, association members retain their right to petition the Commission for rate regulation at any time under ORS 757.063 and OAR 860-036-1930. (3) A private buyer of a rate-regulated water utility serving fewer than 500 customers may petition the Commission to have rate regulation, but not service regulation, removed upon the close of the buyer’s purchase of the water utility if: (a) The rate-regulated water utility is currently operating under a Commission-appointed regent; or (b) A court has ordered the sale of the rate-regulated water system as part of the resolution of a complaint filed in court by the Oregon Health Authority Drinking Water Section. (4) If the Commission grants removal of rate regulation per section (3) of this rule, customers retain their right to petition for rate regulation under ORS 757.061 and ORS 757.063. Statutory/Other Authority: ORS Ch. 183, 756 & 757 Statutes/Other Implemented: ORS 757.061 & 757.063 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2000 Tariff Filings (1) All rate-regulated water utilities must file all proposed rate schedules, charges, special contracts, and the water utility’s rules and regulations relating to the provision of water service. (2) A filing may request approval of individual revised tariffs, supplemental tariffs, special contract tariffs, or a general rate revision. (3) The filing must be attached to an electronic mail message and electronically filed with the Commission's Filing Center at puc.filingcenter@state.or.us. (4) The water utility must keep a copy of the filing at its main office where customers can request a copy. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.205 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2010 Tariff Content and Advice Letter (1) Tariffs must be written using Commission-provided tariff forms and must be accompanied by an Advice Letter. Forms required under this rule are available at the Commission’s water web page at http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx. (a) The initial complete schedule of tariffs is designated as PUC Oregon No. 1 in the upper left hand corner. Each successive complete replacement of the tariff schedules thereafter is designated with the next number in consecutive numerical order, i.e., PUC Oregon No. 2, etc.; (b) Each tariff sheet must state the effective date on the bottom of the sheet. The effective date must be at least 30 days from the date the water utility electronically files the proposed tariffs, unless the water utility requests the changes go into effect with less than the required 30 day notice. To make this request, the tariff must be accompanied by a Less Than Statutory Notice (LSN) form; and (c) Any supplemental information, not otherwise provided within the tariff sheet, must be designated by the previous sheet number plus a letter, for example, Original Sheet No. 3A, Original Sheet No. 3B, etc. (2) An Advice Letter must include: (a) The information required by OAR 860-036-1100(2); (b) A statement plainly indicating the purpose of the filing; (c) A statement indicating the revenue change the water utility is requesting and any other provisional requested changes; (d) A statement indicating the number of customers affected by the proposed changes and the estimated effect upon rates, if any; (e) The reasons the water utility is requesting the proposed changes; and (f) The signature of a water utility officer or representative; (g) If the tariff filing proposes to increase rates, the water utility must also provide the following for each rate schedule being increased: (A) The total number of customers in each customer class affected; (B) A comparison showing current rates and the proposed rates for each customer class affected; (C) A comparison showing the total annual revenue derived under the current rates and the total annual revenue to be derived under the proposed rates for each customer class affected; (D) The average monthly water use for each customer class affected; and (E) A comparison showing the average monthly bill under the current rates and the proposed rates. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.205 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2020 Filing a General Rate Revision (1) A general rate revision is a filing by a water utility that affects all or most of the water utility’s rate schedules, but does not include changes in automatic adjustment clauses under ORS 757.201(1) or similar changes in one rate schedule, such as for an amortization, that affect other rate schedules. (2) To file a general rate revision, a rate-regulated water utility must submit a rate case application, including tariffs, and an Advice Letter, as required by OAR 860-036-2010. (3) On the same day notice is provided to its customers, the water utility must mail or deliver a copy of the notice to the Consumer Services Section at the address provided in OAR 860-001-0020(2). Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.205 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2030 Customer Notice Requirements for a General Rate Revision (1) After electronically filing a general rate revision, the water utility must provide a separate written notice of the filing to all customers within 15 calendar days of the date the general rate revision was filed. In addition, the notice must be posted in the water utility's office and on its website, if available, and provided to the Consumer Services Section. (2) The notice to the customers must be provided as either a separate written notice inserted in the water utility's regular billing or a written notice delivered to each customer. (3) The customer notice must include: (a) The information required by OAR 860-036-1100(2); (b) The following statement: “This notice is to inform customers that (insert name of water utility) filed a general rate revision with the Public Utility Commission. This notice provides general information regarding the utility's proposed changes and the effect it will have on customers’ bills if approved by the Commission. Customers may request to receive notice of the time and place of any hearing on the matter by contacting the Public Utility Commission of Oregon, Administrative Hearings Division, at 503-378-6678. The calculations and statements contained in the water utility's filing and this notice are not binding on the Commission." (c) The amount of the change in annual revenue the water utility is seeking; (d) The total amount of annual revenue the water utility is requesting; (e) A comparison of the current and the proposed average monthly bills for each customer class expressed in dollars; (f) The reasons the water utility is requesting the proposed change; (g) A statement that copies of the water utility's application, testimony, and exhibits are available at the water utility's main office; and (h) The contact information of the water utility's representative that customers may contact to receive additional information or a copy of the filing. Contact information includes name, address, telephone number, and email address if available. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2100 Form and Filing of Financial Transaction Applications (1) All applications submitted to the Commission must be filed electronically with the Commission's Filing Center. To file an application, attach the application and all required documents to an electronic mail message addressed to the Commission's Filing Center at puc.filingcenter@state.or.us. Procedural rules regarding filing and service of documents are found in OAR Chapter 860, Division 001. (2) Applications must be filled out completely. (3) Any required financial statements must include the most current data available. The Income Statement must be for the most recent 12-month period. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 756.105 History: PUC 1-2017, f. & cert. ef. 1-24-17