justicedao/ipfs_state_laws huggingface dataset:
860-027-0001 Definitions for Utility Budgets, Finance, Accounting, and Annual Reports For purposes of this division, except when a different scope is explicitly stated: (1) “Energy utility” means a public utility as defined in ORS 757.005 except a water utility or wastewater utility. An energy utility can be an “electric company,” “gas utility,” or “steam heat utility.” (2) “Large telecommunications utility” means any telecommunications utility, as defined in ORS 759.005, that is not partially exempt from regulation under 759.040. (3) “Utility” means all energy utilities and telecommunications utilities, as defined in sections (1) and (2) of this rule. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040 & 759.005 History: PUC 7-2005, f. & cert. ef. 11-30-05 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102)
860-027-0005 Utilities Required to File Reports Each energy utility operating within Oregon and having gross operating revenues of $50,000 or more per annum is required to file with the Commission on or before March 31 of each year, a copy of its proposed Budget of Expenditures, on forms approved by the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.105 & 757.105 History: PUC 4-2014, f. & cert. ef. 5-28-14 PUC 12-2007, f. & cert. ef. 10-31-07 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-027-0015 New Construction Budget Each energy utility operating within Oregon is required to file annually on or before March 31 on forms approved by the Commission information on new construction, extensions, and additions to the utility’s property. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.105 & 757.105 History: PUC 4-2014, f. & cert. ef. 5-28-14 PUC 2-2013, f. & cert. ef. 3-21-13 PUC 12-2002, f. & cert. ef. 3-12-02 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-027-0016 Accounting for Director’s Fees Directors’ fees paid by an energy or large telecommunications utility to members of its board of directors, who are also paid as officers of the energy or large telecommunications utility, shall not be recognized as a charge to operating expenses in Oregon. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 757.110 & 759.115 History: PUC 16-2001, f. & cert. ef. 6-21-01 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-027-0020 Form and Filing of Applications (1) The Commission will furnish such information from the records on file as will assist in a full presentation of material facts for the following application forms. (2) When any document required to be filed under these rules has heretofore 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 energy or large telecommunications utility to file financial statements, they shall be prepared as of the latest date available. The Income Statement shall be for the most recent 12-month period. [ED. NOTE: Forms referenced are available from the Agency.] Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.105 History: PUC 16-2001, f. & cert. ef. 6-21-01 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-027-0031 When the Commission May Reregulate Financings of Exempt Telecommunications Utilities If any bond rating made by Standard and Poor’s, Moody’s, or Fitch for a large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(2) falls below "A," the Commission may find that reregulation of the large telecommunications utility under ORS 759.310 and 759.315(2) is necessary to prevent the impairment of service to customers. Statutory/Other Authority: ORS 183.335, 756.060 & 759 Statutes/Other Implemented: ORS 759.040 & 759.045 History: PUC 27-2001, f. & cert. ef. 12-28-01 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 8-1994, f. & cert. ef. 4-15-94 (Order No. 94-555)
860-027-0032 Information Required Concerning Financings of Exempt Large Telecommunications Utilities (1) Any large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(2) shall, within 30 days of issuing securities, provide to the Commission, in writing, the following information: (a) The type of security involved in the issuance; (b) The amount of securities involved in the issuance; and (c) A description of the terms of the issuance. (2) Any large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(2) shall, within 90 days of issuing securities, provide to the Commission, in writing, the information required by OAR 860-027-0030(4). (3) Any large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(2) shall maintain its records in a manner which allows the Commission to determine whether the terms of any issuance of securities are reasonable. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045, 759.310 & 759.315 History: PUC 16-2001, f. & cert. ef. 6-21-01 PUC 8-1994, f. & cert. ef. 4-15-94 (Order No. 94-555)
860-027-0042 Timeliness of Application Made Under OAR 860-027-0040 and Filings Made Under OAR 860-027-0041 Applications made under OAR 860-027-0040 and filings made under OAR 860-027-0041 shall occur no later than 90 days after the execution of the contract giving rise to the application or filing. The contract shall be 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 & 759 Statutes/Other Implemented: ORS 756.040, 757.005, 757.015, 757.490, 757.495, 759.005, 759.010, 759.385 & 759.390 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 21-1990, f. & cert. ef. 12-31-90 (Order No. 90-1904)
860-027-0043 Application for Waiver of Requirements Under OARs 860-027-0040 and 860-027-0041 The Commission will not waive the requirements of OAR 860-027-0040 or 860-027-0041 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 not contrary to the public interest. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005, 757.015, 757.490 & 757.495 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 12-1992, f. & cert. ef. 7-8-92 (Order No. 92-963) PUC 21-1990-A, f. 10-11-91, cert. ef. 12-31-90 (Order No. 90-1904) PUC 21-1990, f. & cert. ef. 12-31-90 (Order No. 90-1904)
860-027-0044 Application for Waiver Requirements by Large Telecommunications Utilities Under OARs 860-027-0040 and 860-027-0041 The Commission will not grant a request by a large telecommunications utility for a waiver of OAR 860-027-0040 or 860-027-0041 for any transactions that: (1) Are subject to ORS 759.385(4), 759.390(7) or 759.394; or (2) Exceed 0.1 percent of the previous calendar year’s Oregon utility operating revenues. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.005, 759.010, 759.385 & 759.390 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 12-1992, f. & cert. ef. 7-8-92 (Order No. 92-963)
860-027-0045 Uniform System of Accounts for Electric Utilities — Major and Nonmajor (1) The Uniform System of Accounts prescribed for Public Utilities and Licensees, Part 101, Chapter 1, 18 Code of Federal Regulations (April 1, 2013, edition) is hereby adopted and prescribed by the Commission for each electric company. (2) Each electric company having multistate operations must maintain records in such detail that the cost of property located in and business done in Oregon in accordance with geographic boundaries can be readily ascertained. (3) Each electric company having multistate operations must file annually its Oregon allocated results of operations using allocation methods acceptable to the Commission. The results of operations report must be filed with the Commission on or before May 1 of each year. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.105, 757.120, 757.125 & 757.135 History: PUC 4-2014, f. & cert. ef. 5-28-14 PUC 7-2005, f. & cert. ef. 11-30-05 PUC 19-2001, f. & cert. ef. 6-21-01 PUC 9-2001, f. & cert. ef. 3-21-01 PUC 3-1992, f. & cert. ef. 2-14-92 (Order No. 92-246) PUC 5-1985, f. & ef. 4-24-85 (Order No. 85-355) PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-027-0055 Uniform System of Accounts for Gas Utilities — Major and Nonmajor (1) The Uniform System of Accounts prescribed for Natural Gas Companies, Part 201, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each gas utility. (2) Each gas utility having multistate operations shall maintain records in such detail that the cost of property located in and business done in Oregon can be readily ascertained. (3) Each gas utility having multistate operations shall file annually with the Commission, on or before April 1 of the ensuing year, its Oregon allocated results of operations for the calendar year reported, on the basis of allocation methods acceptable to the Commission. [Publications: Publications referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.105, 757.120, 757.125 & 757.135 History: PUC 19-2001, f. & cert. ef. 6-21-01 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 5-l985, f. & ef. 4-24-85 (Order No. 85-355); PUC 3-1992, f. & cert. ef. 2-14-92 (Order No. 92-246); PUC 9-2001, f. & cert. ef. 3-21-01
860-027-0065 Uniform System of Accounts for Steam Heat Utilities — Class A, B, and C The Uniform System of Accounts for Public Utilities and Licensees, Part 101, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each steam heat utility. [Publications: Publications referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.105, 757.120, 757.125 & 757.135 History: PUC 19-2001, f. & cert. ef. 6-21-01 PUC 9-2001, f. & cert. ef. 3-21-01 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-027-0070 Annual Report Requirements for Electric, Gas, Steam Heat, and Large Telecommunications Utilities (1) Annual Reports must be submitted by electric, gas, and steam heat utilities. The report must be submitted on or before May 1, using the most current forms approved by the Commission. For energy utilities, the annual reports include but are not limited to the FERC 1 (including the Oregon Supplement) or the FERC 2 (including the Oregon Supplement), and the Results of Operations. (2) Annual Reports will be submitted by large telecommunications utilities. The report Form O for the previous calendar year shall be submitted on or before April 1, using the most current forms approved by the Commission. The report Form I for the previous calendar year shall be submitted on or before October 31 using the most current forms approved by the Commission. [ED. NOTE: Forms referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 756.105, 757.120, 757.125, 757.135 & 759.225 History: PUC 4-2014, f. & cert. ef. 5-28-14 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 19-2000, f. & cert. ef. 12-28-00 PUC 3-1999, f. & cert. ef. 8-10-99 PUC 2-1998, f. & cert. ef. 2-24-98 PUC 13-1997, f. & cert. ef. 11-12-97 PUC 3-1995, f. & cert. ef. 6-19-95 (Order No. 95-516) PUC 9-1985, f. & ef. 6-25-85 (Order No. 85-574) PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-027-0100 Reporting of Affiliated Transactions (1) On forms approved and provided by the Commission: (a) By June 1, all energy utilities shall file with the Commission 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. (b) By April 1, all large telecommunications utilities shall file with the Commission a report of all affiliated interest contracts executed during the period from January 1 through December 31 of the immediately preceding year. The list shall consist of the names of the parties to the contracts, the dollar amounts of the contracts, and the dates of execution of the contracts. (2) As used in this rule, "affiliated interest transactions" mean transactions between affiliated interests as defined by ORS 757.015 and 759.010. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.005, 757.015, 757.490, 757.495, 759.005, 759.010 & 759.385 - 759.393 History: PUC 18-2001, f. & cert. ef. 6-21-01 PUC 8-2001, f. & cert. ef. 3-21-01 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 12-1997, f. & cert. ef. 10-30-97 PUC 10-1987, f. & ef. 10-8-87 (Order No. 87-898)
860-027-0120 Preservation and Destruction of Records (1) Electric Companies. Preservation of Records of Public Utilities and Licensees, Part 125, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each electric company with the following exception: Corporate and General, Organizational documents — An electric company shall retain minute books of stockholders', directors', and directors' committee meetings for twenty-five years. (2) Gas Utilities. The Preservation of Records of Public Utilities and Licensees, Part 225, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each gas utility with the following exception: Corporate and General, Organizational documents — A gas utility shall retain minute books of stockholders', directors', and directors' committee meetings for twenty-five years. (3) Steam Heat Utilities. The Preservation of Records of Public Utilities and Licensees, Part 125, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each steam heat utility with the following exception: Corporate and General, Organizational documents — A steam heat utility shall retain minute books of stockholders', directors', and directors' committee meetings for twenty-five years. (4) Large telecommunications Utilities. The Regulations to Govern the Preservation of Records of Communication Common Carriers, Part 42, 47 Code of Federal Regulations Chapter 1 (October 1, 2003, edition) is hereby adopted and prescribed by the Commission for each large telecommunications utility. [Publications: Publications referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040 & 756.105 History: PUC 7-2005, f. & cert. ef. 11-30-05 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 12-1985, f. & ef. 8-20-85 (Order No. 85-751); PUC 15-1986, f. & ef. 11-10-86 (Order No. 86-1144); PUC 13-1997, f. & cert. ef. 11-12-97; PUC 1-1998, f. & cert. ef. 1-12-98; PUC 8-2000, f. & cert. ef. 5-26-00; PUC-19-2001, f. & cert. ef. 6-21-01; Renumbered from 860-028-0010; PUC 15-2004, f. & cert. ef. 10-28-04
860-027-0200 Energy Utility Acquisition In addition to the information required by ORS 757.511, any person filing an application pursuant to that statute, shall also provide: (1) The information required by OAR 860-027-0030(1)(a) through (d), inclusive; (2) A schedule detailing the existing capital structure of the energy utility to be acquired, as well as a pro forma utility capital structure as of 12 months after the acquisition is to be completed; (3) An explanation of how the bond ratings and capital costs of the acquired utility will be affected by the acquisition; (4) A description of existing and planned nonutility businesses which are or will become affiliated interests of the acquired utility under ORS 757.015, and a description of the organizational structure under which the applicant intends to operate its businesses; (5) A description of the method by which management, personnel, property, income, losses, costs, and expenses (including tax-related expense) will be allocated by the applicant between its utility and nonutility operations (if applicable); (6) A description of any planned changes that may have a significant impact upon the policy, management, operations, or rates of the energy utility; (7) A description of any plans to cause the energy utility to sell, exchange, pledge, or otherwise transfer its assets; (8) A copy of any existing or proposed agreement between the energy utility and any businesses which will become affiliated interests of the acquired utility under ORS 757.015; and (9) A motion for a general protective order or modified protective order under OAR 860-001-0080, if necessary for the release of information under sections (1) through (8) of this rule. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.105 & 757.511 History: PUC 4-2012, f. & cert. ef. 4-17-12 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 12-1997, f. & cert. ef. 10-30-97 PUC 6-1986, f. & ef. 7-22-86 (Order No. 86-731)
860-027-0350 Depreciation Study Requirements for Energy Utilities (1) As used in this rule, a “depreciation study” means a study by an energy utility sufficient to allow the Commission to determine the proper and adequate rates of depreciation of the several classes of property of the public utility. (2) Each energy utility must file a new depreciation study with the Commission no less frequently than once every five years. Statutory/Other Authority: ORS. 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 756.105 & 757.140 History: PUC 3-2015, f. & cert. ef. 8-11-15
860-028-0000 Applicability (1) The rules contained in this Division apply to every pole or conduit owner and every pole or conduit occupant, as defined in OAR 860-028-0020. (2) Upon request or its own motion, the Commission may waive any of the division 28 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, 757.035, 757.270, 759.045 & 759.650 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 23-2001, f. & cert. ef. 10-11-01 PUC 14-2000, f. & cert. ef. 8-23-00 PUC 3-1999, f. & cert. ef. 8-10-99 PUC 14-1997, f. & cert. ef. 11-20-97 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-028-0050 General (1) OAR chapter 860 division 28 governs access to utility poles, conduits, and support equipment by occupants in Oregon. (2) OAR chapter 860, division 28 is intended to provide just and reasonable provisions when the parties are unable to agree on certain terms. (3) With the exceptions of OARs 860-028-0060 through 860-028-0080, 860-028-0115, and 860-028-0120, parties may mutually agree on terms that differ from those in this division. In the event of disputes submitted for Commission resolution, the Commission will deem the terms and conditions specified in this division as presumptively reasonable. If a dispute is submitted to the Commission for resolution, the burden of proof is on any party advocating a deviation from the rules in this division to show the deviation is just, fair and reasonable. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675 History: PUC 3-2007, f. & cert. ef. 4-16-07
860-028-0060 Attachment Contracts (1) Any entity requiring pole attachments to serve customers should be allowed to use utility poles, ducts, conduits, rights-of-way, manholes, handholes, or other similar facilities jointly, as much as practicable. (2) To facilitate the joint use of poles, entities must execute contracts establishing the rates, terms, and conditions of pole use in accordance with OAR 860-028-0120. Government entities are not required to execute contracts. (3) Parties must negotiate pole attachment contracts in good faith. (4) Unless expressly prohibited by contract, the last effective contract between the parties will continue in effect until a new contract between the parties goes into effect. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675 History: PUC 3-2007, f. & cert. ef. 4-16-07
860-028-0080 Costs of Hearing in Attachment Contract Disputes (1) When the Commission issues an order in an attachment contract dispute that applies to a consumer-owned utility, as defined by ORS 757.270, the order must also provide for payment by the parties of the cost of the hearing. (2) The cost of the hearing includes, but is not limited to, the cost of Commission employee time, the use of facilities, and other costs incurred. The rates will be set at cost. Upon request of a party, and no more than once every 60 days, the Commission will provide to the parties the costs incurred to date in the proceeding. (3) The Joint-Use Association is not considered a party for purposes of this rule when participating in a case as an advisor to the Commission. (4) The Commission will allocate costs in a manner that it considers equitable. The following factors will be considered in allocating costs: (a) Whether the party unreasonably burdened the record or delayed the proceeding; (b) Merits of the party's positions throughout the course of the proceeding; and (c) Other factors that the Commission deems relevant. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.279 & 759.660 History: PUC 3-2007, f. & cert. ef. 4-16-07
860-028-0115 Duties of Structure Owners (1) An owner must install, maintain, and operate its facilities in compliance with Commission Safety Rules. (2) An owner must establish, maintain, and make available to occupants its joint use construction standards for attachments to its poles, towers, and for joint space in conduits. Standards for attachment must apply uniformly to attachments by all operators, including the owner. (3) An owner must establish and maintain mutually agreeable protocols for communications between the owner and its occupants. (4) An owner must immediately correct violations that pose imminent danger to life or property. In the event that a pole occupant performs the corrections, a pole owner must reimburse the pole occupant for the actual cost of corrections. Charges imposed under this section must not exceed the actual cost of corrections. (5) An owner must respond to a pole occupant’s request for assistance in making a correction within 45 days. (6) An owner must ensure the accuracy of inspection data prior to transmitting information to the pole occupant. (7) Vegetation around communications lines must not pose a foreseeable danger to the pole and electric supply operator’s facilities. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675 History: PUC 3-2007, f. & cert. ef. 4-16-07