justicedao/ipfs_state_laws huggingface dataset:
860-037-0410 Tariff Specifications (1) Form and style of tariffs: (a) Each wastewater utility must designate the initial tariff as PUC Oregon No. 1, and designate successive tariffs with the next number in consecutive numerical order. Supplemental information not otherwise provided by the tariff must be inserted in the most appropriate location and denoted by the previous sheet numbers plus a letter, for example, 3A, 3B, etc. Revisions to tariffs must be denoted by 1st Revised Sheet No. 3, 2nd Revised Sheet No. 3, etc.; (b) The title page should be uniform. Rates, rules, and regulations must be written only on one side of a sheet. If a single sheet is insufficient, two or more pages should be used. Blank forms will be furnished by the Commission upon request; and (c) Separate tariffs must be filed for wastewater service or for any other service entered. (2) Size of tariffs and required: (a) Tariffs and supplements thereto must be prepared using a readable font that, when printed, will fit on an 8-1/2 x 11 inch page; and (b) Wastewater utilities must file with the Commission an original of each tariff, rate schedule, revision, or supplement in electronic form as required by OAR 860-001-0170. The advice letter accompanying the tariffs must bear the signature of the issuing officer or utility representative. The tariffs do not require a signature. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.205 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 18-2004, f. & cert. ef. 12-30-04 PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0415 Tariff Contents (1) Tariffs must explicitly state the rates and charges for each class of wastewater service rendered, designating the area or district to which they apply. (2) Rules and regulations of the wastewater utility that in any manner affect the rates charged or to be charged or define the extent or character of the wastewater service to be given shall be included with each tariff. Statutory/Other Authority: ORS 183, 330, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005. 757.061 & 757.205 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0420 Tariff Changes Require 30 Days’ Notice to the Commission Except as hereinafter provided in this division, a wastewater utility must file with the Commission all tariffs, rate schedules, revisions, or supplements thereto containing any change in rates, tolls, charges, or rules and regulations at least 30 days before the effective date of such changes. The Commission will reject tariffs or schedules not conforming with the rules in this division. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.007, 757.061 & 757.220 History: PUC 18-2004, f. & cert. ef. 12-30-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0430 Applications to Make Tariffs or Rate Schedules Effective on Less Than Statutory Notice A wastewater utility seeking authority to make tariffs or rate schedules effective on less than statutory notice must use application forms approved by the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.220 History: PUC 18-2004, f. & cert. ef. 12-30-04 PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0435 Requirements for Filing Tariffs or Schedules Changing Rates (1) A wastewater utility may make wastewater tariff changes by filing an entirely new tariff or by filing revised sheets that shall refer to the sheets of the tariffs on file. Additions to the tariff on file may be made by filing additional sheets. (2) Each wastewater utility filing wastewater tariffs or schedules changing existing tariffs or schedules shall submit therewith the following information: (a) A statement plainly indicating the increase, decrease, or other change thereby made in existing rates, charges, tolls, or rules and regulations; (b) A statement setting forth the number of customers affected by the proposed change and the resulting change in annual revenue; and (c) A detailed statement setting forth the reasons or grounds relied upon in support of the proposed change. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.205 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0440 Requirements for Filing Tariffs or Schedules Naming Increased Rates (1) A wastewater utility filing tariffs or schedules that increase rates shall submit, in addition to the requirements of OAR 860-037-0435, the following information: (a) A statement setting forth for each separate schedule the total number of customers affected, the total annual revenue derived under the existing schedule, and the amount of estimated annual revenue derived under the proposed schedule in the application; (b) A statement setting forth for each separate schedule the monthly bills under both the existing rates and the proposed rates for characteristic customers that fairly represents the application of the proposed tariff or schedules; and (c) A detailed statement setting forth the reasons or grounds relied upon in support of the proposed increase. (2) Additional information may be required to be filed either prior to acceptance by the Commission of the tendered filing or at any stage in the proceeding. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.205 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0445 Tariff Changes Effective with Service Rendered All tariff changes apply to service rendered on and after the effective date of the changes, unless the Commission by order provides otherwise. As used in this rule, "service rendered" means basic service provided, or likewise as the context requires. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.007, 757.061 & 757.220 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0450 Notice to Interested Persons (1) This rule applies to any tariff filing that is filed under ORS 757.205. (2) Any person who requests of the Commission, in writing, to be notified of wastewater utility tariff filings covered under section (1) of this rule must be included on a notice list. (3) The Commission must notify all persons on the notice list referred to in section (2) of this rule of any applicable tariff filing. The notice will be given within ten days of any tariff filing under section (1) of this rule that complies with OAR 860-037-0410 through 860-037-0440. (4) The notice must include the following information: (a) Name of the wastewater utility submitting the filing; (b) Subject; (c) Filing date; (d) Effective date; (e) Date of the public meeting the tariff will be considered (when the information is available); and (f) Customer classes affected. (5) The Commission may periodically delete from the notice list names of persons who do not demonstrate a continued interest in receiving the notices set forth in section (2) of this rule. No person's name may be deleted from the list without 20 days' notice before deletion. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.230 History: PUC 18-2004, f. & cert. ef. 12-30-04 PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0505 Form and Filing of Applications (1) The Commission will furnish to applicant such information from the records on file as will assist in a full presentation of material facts required by OAR 860-037-0510 to 860-037-0535. (2) When any document required to be filed under these rules has previously been filed with the Commission, it shall be sufficient if the application makes reference to such filing and the capacity in which it was filed. (3) Where the words "none" or "not applicable" truly and completely state the fact, they should be used in answering the requirement of any particular section of this rule. (4) The Commission may require additional information when it appears to be pertinent in a particular case. (5) Whenever these rules require the filing of financial statements, they shall be prepared as of the latest date available. The Income Statement shall be for the most recent 12-month period. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 756.105, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0510 Notice and Approval Requirements Relating to the Sale, Transfer, Merger, Termination, Abandonment, or Disposal of a Wastewater Utility (1) Approval Requirements: (a) Each wastewater utility must file an application to obtain Commission approval prior to the sale, transfer, or merger of the utility. Application requirements are found in OAR 860-037-0515; (b) Each wastewater utility must file an application to obtain Commission approval prior to terminating, abandoning, or otherwise disposing of the wastewater utility, excluding sales, transfers, or mergers. (2) Notice Requirements: Each wastewater utility shall provide written notification to customers and the Commission of any sale, transfer, merger, termination, abandonment, or disposal of the utility 60 days prior to the closing date of the transaction. The notice shall include the following information: (a) Name, address, and telephone number of the wastewater utility; (b) Purpose of notice; (c) Filing date; (d) Proposed effective date of the transaction. (e) Name, address, and telephone number of potential buyer; (f) Reason(s) for sale, transfer, or merger, termination, abandonment or disposal of the wastewater system; (g) Effect of the transaction upon customers; and (h) The Commission’s Consumer Services Section toll free number: 1-800-522-2404 or TTY 711; mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem OR 97308-1088; and street address: Public Utility Commission of Oregon, 201 High Street SE, Suite 100, Salem, OR 97301. (i) In case of termination, abandonment, or disposal of utility, the utility shall also provide an explanation of any alternative water service option(s) to customers. (3) A draft copy of the customer notice must be mailed to the Commission for Utility Division staff review seven business days prior to a customer mailing. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.480 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0515 Applications for Authority to Sell, Lease, Assign, Mortgage, Merge, Consolidate, or Otherwise Dispose of or Encumber its Property, or to Acquire Stock, Bonds, or Property of Another Public Utility Requirements of this rule apply to wastewater utilities seeking authority under ORS 757.480 and 757.485. Every applicant shall at a minimum, utilize the form prescribed below and provide all required information. At its discretion, the Commission may require further or more detailed information. [Form not included. See ED. NOTE.] [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061, 757.105, 757.480 & 757.485 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0517 Acquisition Adjustment (1) A wastewater utility may file a petition with the Commission for approval of an acquisition adjustment for acquiring a wastewater utility. The approval and determination of an acquisition adjustment is at the sole discretion of the Commission. (2) The Commission shall consider the merits of the utility's petition based on the benefit to the customers being acquired and the public interest on a case-by-case basis. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04
860-037-0540 Timeliness of Applications Made Under OAR 860-037-0530 and Filings Made Under OAR 860-037-0535 An application made under OAR 860-037-0530 and a filing made under 860-037-0535 shall occur no later than 90 days after the execution of the contract giving rise to the application or filing. The contract is deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0545 Applications for Waiver of Requirements Under OARs 860-037-0530 and 860-037-0535 The Commission will not waive the requirements of OAR 860-037-0530 or 860-037-0535 for any transactions exceeding 0.1 percent of the previous calendar year’s Oregon utility operating revenues unless the transaction or transactions can be demonstrated in advance to be fair and reasonable and in the public interest. . Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0550 Special Contracts (1) Wastewater utilities within Oregon entering into special contracts with certain customers prescribing and providing wastewater rates, services, and practices not covered by or permitted in the general tariffs, schedules, and rules filed by such wastewater utilities are in legal effect tariffs and are subject to supervision, regulation, and control as such. (2) All special contracts designating wastewater service to be furnished at rates other than those shown in tariffs currently on file with the Commission are classified as rate schedules. True and certified copies shall be filed subject to review and approval pursuant to the requirements of OARs 860-037-0405 through 860-037-0445. (3) Special contracts shall be filed with the Commission at least 30 days prior to the proposed effective date of the contract and are effective according to its terms the 31st day from the date of its filing unless earlier approved, suspended, or rejected by the Commission. (4) Each special contract filed with the Commission shall be accompanied by documentation necessary to show that the terms are fair, just, and reasonable to the remaining customers, including but not limited to: (a) A statement summarizing the basis of the terms of the contract and an explanation of the deviation from the tariffs on file; (b) An explanation of all cost computations involved; and (c) A statement indicating the basis for use of a contract rather than a filed tariff for the specific service involved. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.007 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0560 Relating to Local Government Fees, Taxes, and Other Assessments (1) If any county in Oregon, other than a city-county, imposes upon a wastewater utility any new taxes or license, franchise, or operating permit fees, or increases any such taxes or fees, the wastewater utility required to pay such taxes or fees shall collect from its wastewater customers within the county imposing such taxes or fees the amount of the taxes or fees, or the proportional share of increase in such taxes or fees. However, if the taxes or fees cover the operations of a wastewater utility in only a portion of a county, then the affected wastewater utility shall recover the amount of the taxes or fees or increase in the amount thereof from wastewater customers in the portion of the county that is subject to the taxes or fees. "Taxes," as used in this rule, means sales, use, net income, gross receipts, payroll, business or occupation taxes, levies, fees, or charges other than ad valorem taxes. (2) The amount collected from each wastewater service customer pursuant to section (1) of this rule shall be separately stated and identified in all wastewater customer billings. (3) This rule applies to new or increased taxes imposed on and after December 16, 1971, including new or increased taxes imposed retroactively after that date. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.110 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0565 Accounting for Director’s Fees Director’s fees paid by a wastewater utility to members of its board of directors, who are also paid as officers of the utility, shall not be recognized as a charge to operating expenses in Oregon. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.110 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0567 Accounting for Contributions in Aid of Construction (CIAC) (1) CIAC are contributions in any form including, but not limited to, cash, services, or utility plant on a separate schedule. The utility must identify the type of contribution, original cost, and utility plant installation date. (2) Each wastewater utility must provide an accounting of CIAC upon Commission request, and in its annual reports and rate applications. Each utility shall account for and record CIAC on a separate schedule. (3) Each wastewater utility must keep a record as described in section (2) of this rule and record CIAC on a separate plant and depreciation schedule. (4) As of November 1, 2002, CIAC and its resulting depreciation are excluded from wastewater utility ratemaking. CIAC must be separated from utility plant and accounted for and depreciated on a separate schedule outside the ratemaking process. (5) In cases where previous CIAC depreciation was included in rates and removing it all at once would cause irreparable harm to the wastewater utility, the Commission may systematically remove CIAC from rates over a period of time set forth in a schedule to be approved by the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 5-2004, f. & cert. ef. 1-29-04
860-037-0570 Accounting for Construction Work In Progress (CWIP) This rule applies to wastewater utilities that provide service inside the boundaries of a city. The Commission may allow into rates the costs of a specific capital improvement project in progress if: (1) The wastewater utility uses the additional revenues solely for the purpose of completing the capital improvement project; (2) The wastewater utility demonstrates that its access to capital is limited and it is in the public interest to provide funding for the capitol improvement through rates; and (3) Such costs are approved through tariffs filed with the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.355 & Ch. 202 & OL 2003 History: PUC 7-2004, f. & cert. ef. 4-9-04 PUC 24-2003(Temp), f. & cert. ef. 12-10-03 thru 6-7-04
860-037-0605 Preservation and Destruction of Records The Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities, April 1974, revised May 1985, published by the National Association of Regulatory Utility Commissioners as applicable for wastewater utility service and operation is hereby adopted as modified and prescribed by the Commission for all wastewater service documents and records, with the following exceptions: (1) Operations and Maintenance, Records of Auxiliary, and other Operations. Records of operations shall be retained for the same periods as prescribed for similar records pertaining to wastewater utility operations; (2) Revenue Accounting and Collecting. Contracts and card files or other customer records for wastewater utility service shall be retained for at least one year after the expiration or cancellation of the agreement. (3) Record Media. Each wastewater utility that provides service in Oregon shall allow the federally required "e-sign" as a form of accepted media. [Publications: Publications referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061 & 757.105 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0610 Uniform System of Accounts for Wastewater Utilities The Uniform System of Accounts for Class A Water Utilities, 1996, published by the National Association of Regulatory Utility Commissioners, is hereby adopted as modified and prescribed by the Commission for all wastewater service and operations. [Publications: Publications referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.061, 757.105, 757.120, 757.125 & 757.135 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0625 Annual Reports On forms approved and provided by the Commission, all wastewater utilities shall submit: (1) A financial Result of Operations annual report for the immediately preceding year, by April 1. (2) A report of all affiliated interest, intercompany, and intracompany transactions which occurred during the period from January 1 through December 31 of the immediately preceding year, by June 1. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 756.105, 757.005, 757.061, 757.120, 757.125 & 757.135 History: PUC 5-2004, f. & cert. ef. 1-29-04 PUC 8-2001, f. & cert. ef. 3-21-01 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00