justicedao/ipfs_state_laws huggingface dataset:
860-025-0010 Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities An application for a Commission order under ORS 758.410 or 759.560 shall contain the following: (1) A copy of the contract. (2) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the applicant’s service area. (3) A map or maps, drawn to appropriate scale, showing the location of customers who are being served by either or both of the parties, or who could be economically served by the then existing facilities of either party, or by reasonable and economic extensions thereto, who are covered by the contract. (4) A description by county, section lines, river, highway, road, street, or metes and bounds, where applicable and necessary, designating the boundaries of the territory to be served by each party to the contract. Such legal description of boundary lines may be drawn and described: (a) To eliminate minor irregularities in the boundary of each party when to do so will include within each party’s territory only that unserved area which may be economically served by the then existing facilities of the respective parties or by reasonable and economic extensions thereto; and (b) In the case of persons providing telecommunications utility service who entered into exchange boundary agreements before May 31, 1961, to define mutually exclusive exchange service areas, the area affected by such agreement may be described by reference to the exchange area map in that agreement. However, the applicant shall not be relieved by such reference from showing that it can economically serve the unserved areas within the exchange area map with its existing facilities or by a reasonable and economic extension thereto. (5) A description of the equipment and facilities of each party, which are the subject of sale, exchange, transfer, or lease pursuant to the contract and the consideration to be paid therefore. (6) Facts showing that the contract will eliminate or avoid unnecessary duplicating facilities, and will promote the efficient and economic use and development and the safety of operation of the utility service systems of the parties to the contract, while providing adequate and reasonable service to all territories and customers affected thereby. Statutory/Other Authority: ORS 183, 756, 758 & 759 Statutes/Other Implemented: ORS 758.400 - 758.475 & 759.500 - 759.595 History: PUC 13-2002, f. & cert. ef. 3-26-02 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035) PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-025-0015 Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service Applications under ORS 758.430 for a Commission order approving an amendment to a contract approved pursuant to ORS 758.410 to 758.420 or 759.560 shall contain: (1) The amendatory contract; (2) Reference to the Commission order approving the initial contract; and (3) Such information required by OAR 860-025-0010 as may assist the Commission in reviewing the application. Statutory/Other Authority: ORS 183, 756 & 758 Statutes/Other Implemented: ORS 758.400 - 758.475 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035) PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-025-0020 Applications for Allocation of Exclusively Served Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities An application under ORS 758.435 or 759.535 for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory shall contain the following information: (1) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the applicant’s service area. (2) A map or maps, drawn to appropriate scale, showing the location of applicant’s customers and facilities in the vicinity of the boundaries of the territory applied for in sufficient detail to enable the Commission to determine the boundaries of that territory served exclusively by applicant. (3) A description by county, section lines, river, highway, road, street, or metes and bounds, where applicable and necessary, of the boundaries of applicant’s exclusive service area. Such map and legal description of boundary lines may be drawn and described to eliminate minor irregularities in the boundary. (4) Facts showing that applicant is lawfully and in good faith providing exclusive utility service within the area described in the application and that no other person is providing a similar utility service within such territory. (5) Such additional information as needed for a full understanding of the situation. Statutory/Other Authority: ORS 183, 756, 758 & 759 Statutes/Other Implemented: ORS 758.400 - 758.475 & 759.500 - 759.595 History: PUC 13-2002, f. & cert. ef. 3-26-02 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035) PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-025-0025 Applications for Allocation of Exclusively Served Territory and Adjacent Unserved Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities An application under ORS 758.435 or 759.535, for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory and adjacent unserved territory shall contain the following information: (1) The information required under OAR 860-025-0020. (2) A map or maps similar to that required by OAR 860-025-0020(2) and description comparable to that required by OAR 860-025-0020(3), showing and describing the boundary of the adjacent unserved territory covered by the application. (3) The names and addresses of all persons providing similar utility service in proximity to the unserved area applied for who may have an interest in or be affected by an approval or disapproval of the application. (4) Facts showing that it is more economical and feasible to serve the adjacent unserved territory by an extension of the applicant’s existing facilities than by an extension of the facilities of another person, including but not limited to the following: (a) A map or maps, drawn to appropriate scale, showing location and capability of equipment, plant, or facilities including the capability, location, and route of proposed facilities, if any, which relate to the applicant’s ability to extend utility service into the adjacent unserved area. (b) Copies of such franchises or permits as the appropriate public authorities may require for extending service into the adjacent unserved area, or a statement that they will be filed at the hearing or a statement that no such authority is required by said public authorities. (c) The kind or nature and extent of the need or demand, or reasonable anticipated need or demand, for utility service within the unserved area. (d) The estimated construction, operating and related costs of and revenues from providing the proposed utility service within the unserved area. (5) Such additional information as needed for a full understanding of the situation. Statutory/Other Authority: ORS 183, 756, 758 & 759 Statutes/Other Implemented: ORS 758.400 - 758.475 & 759.500 - 759.595 History: PUC 13-2002, f. & cert. ef. 3-26-02 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035) PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-025-0035 CPCN Review Criteria (1) The Commission may approve a petition filed under OAR 860-025-0030 by determining the necessity, safety, practicability and justification in the public interest of the proposed transmission line upon consideration of the following: (a) Whether the transmission line will meet a demonstrated need for transmission of additional capacity or improved system reliability that enables the petitioner to provide or continue to provide adequate and reliable electricity service; (b) Whether the petitioner has demonstrated that it will ensure the transmission line is constructed, operated, and maintained in a manner that protects the public from danger and conforms with applicable Commission rules, and other applicable safety standards and best industry practices; (c) Whether the transmission line using petitioner's proposed route is practicable and feasible, whether it will be effectively and efficiently constructed in a commercially reasonable manner; (d) Whether petitioner has justified construction of the proposed transmission line as in the public interest, as compared with feasible alternatives for meeting the identified need, considering the public benefits and costs of the project, as they relate to the interests in land proposed to be condemned, petitioner's existing facilities and equipment, petitioner's Oregon customers, and other considerations that may be relevant to the public interest. Other such considerations include, but are not limited to, the benefits and costs to other Oregon utilities, their customers, and all Oregonians, the value of connections to regional and inter-regional electricity grids and to a petitioner's non-Oregon service territories, and all Oregonians; (e) The Commission may also consider other factors it deems relevant to the statutory criteria. (2) In evaluating a petition under this rule, the Commission will give due consideration to related regulatory reviews and permitting approvals as pertinent to the proposed transmission line, if the transmission line has already been acknowledged or approved by regulatory or permitting authorities. (3) In the event a CPCN is granted, the certificate shall expire 15 years from date of issuance, except that a certificate shall expire 10 years from the date of issuance if construction has not commenced during those 10 years. Upon written request of a petitioner, the Commission may grant an extension on the term of a certificate for good cause shown. A request must be served on the service list for the associated CPCN docket, and if applicable, the docket for the petitioner's last acknowledged integrated resource plan. Statutory/Other Authority: ORS 183, ORS 756 & ORS 758 Statutes/Other Implemented: ORS 758.015 History: PUC 8-2022, adopt filed 09/29/2022, effective 09/29/2022
860-025-0050 Application by an Unserved Person for Service from a Large Telecommunications Utility An application under ORS 759.590 for an order of the Commission directing another telecommunications utility to provide local exchange service to an unserved person shall comply with OAR 860-032-0220. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.580, 759.585, 759.590 & 759.595 History: PUC 13-2002, f. & cert. ef. 3-26-02
860-025-0065 Allocation of Carrier of Last Resort (COLR) Reinstatement Costs (1) Within 45 days after the Commission receives a petition to determine if reinstatement of the COLR obligations is required by the existing public convenience and necessity, the telecommunications utility, cooperative corporation, or municipality proposed for reinstatement as the COLR must file with the Commission: (a) A proposal for allocating its costs of serving customers in the territory; or (b) A calculation and apportionment of its incremental costs to serve the reinstated territory on the basis of its tariffed line extension guidelines. (2) The proposal or calculation and apportionment filed under section (1) of this rule must: (a) Include only the incremental costs that exceed the costs that would have been incurred (above and beyond any tariffed line extension charges) to initially construct or acquire facilities to serve customers of the territory; (b) Specify how the incremental costs are to be allocated equitably among all customers of the territory to which the service is being reinstated; and (c) Explain any significant differences between the initial costs to serve, as outlined in the development of incremental costs, and the proposed costs to serve as estimated in the original petition for exemption. (3) Any occupant or resident within the property subject to the COLR reinstatement who subscribes to service from the reinstated COLR must pay a pro-rata share of the COLR's incremental cost to re-establish service in the property. (4) Any occupant or resident within the property subject to the COLR reinstatement who does not subscribe to service from the reinstated COLR and who does not elect to share in the reinstatement costs may be subject to additional charges from the COLR if the occupant or resident elects to subscribe to the COLR’s service at a future date, in accordance with the COLR’s line extension tariff. Statutory/Other Authority: ORS 756.060; 759.036; & 759.506 Statutes/Other Implemented: ORS 759.506 History: PUC 4-2011, f. & cert. ef. 8-26-11
860-026-0000 Applicability of Division 26 (1) The rules contained in this Division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-026-0005. (2) Upon request or its own motion, the Commission may waive any of the division 26 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, 759.030, 759.040 & 759.045 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 11-2001, f. & cert. ef. 4-18-01 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
860-026-0005 Definitions for Utility Sales Promotion As used in OAR 860-026-0005 through 860-026-0045, unless the context requires otherwise: (1) “Affiliate” means “affiliated interest,” as defined in ORS 757.015 and 759.010. (2) “Appliance or equipment” includes any device which consumes electric and/or gas energy and any ancillary device required for its operation. (3) “Consideration” includes any cash, donation, gift, allowance, rebate, bonus, merchandise (new or used), property (real or personal), labor, service, conveyance, commitment, right, or other thing of more than token value. (4) “Energy efficiency” means any installation or action intended to reduce the amount of energy required to achieve a given purpose or to shift the timing of the use of energy to achieve greater efficiency in the use of a public utility system. (5) “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.” (6) “Financing” includes acquisition of equity or debt interests, loans, advances, sale and repurchase agreements, sale and leaseback agreements, sales on open account, conditional or installment sales contracts, or other investments or extensions of credit. (7) “Large telecommunications utility” means a telecommunications utility, as defined in ORS 759.005, that is not partially exempt from regulation under ORS 759.040. (8) “Person” includes any individual, group, firm, partnership, corporation, association, organization, or public or private entity. (9) “Utility” means all energy and large telecommunications utilities, as defined in sections (5) and (7) of this rule. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 757.005 & 757.015 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 9-1995, f. & cert. ef. 8-30-95 (Order No. 95-861) PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035) PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-026-0010 “Promotional Activity” Defined "Promotional activity" means action by an energy or large telecommunications utility or its affiliate with the objective of increasing or preventing a decrease in the quantity of the energy or large telecommunications utility’s service used by present and prospective customers; inducing any person to use an energy utility’s service rather than a competing form of energy, the cost of which is properly chargeable to account number 911, 912, 913, or 916 of the Uniform System of Accounts as adopted by OARs 860-027-0045 and 860-027-0055; or inducing any person to use a large telecommunications utility’s service rather than a competitive provider’s service. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.267 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)
860-026-0020 Standards Governing Promotional Activities and Concessions (1) All promotional activities and concessions shall be just and reasonable, prudent as a business practice, economically feasible and compensatory, and reasonably beneficial both to the energy or large telecommunications utility and its customers. The cost of promotional activities and concessions must not be so large as to impose an undue burden on the energy or large telecommunications utility’s customers in general and must be recoverable through related sales stimulation within a reasonable time. (2) No energy or large telecommunications utility or its affiliate shall: (a) Directly or indirectly, in any manner or by any device whatsoever, offer or grant any promotional concession except such as is uniformly and contemporaneously extended to all persons in a reasonably defined class; (b) Engage in any promotional concession that creates an undue preference or advantage to any person or subjects any person to any undue prejudice or disadvantage; (c) Engage in any promotional concession that establishes or maintains any unreasonable difference between localities or as between classes of customer; or (d) Insert, or seek to enforce, any covenant or other provisions in any deed, mortgage, lease, or any other instrument related to realty that restricts the form of energy which may be used upon such realty. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.267 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)
860-026-0025 Filing of Proposed Promotional Concessions (1) An energy utility or its affiliate shall not offer, grant, or vary any promotional concession directly or indirectly, or in concert with others, or by any means whatsoever, unless the energy utility has filed a description of such concession with the Commission. The energy utility shall furnish a copy of the filing to each other energy utility providing service in any portion of the service area of the filing utility. (2) A large telecommunications utility shall not: (a) Offer, grant, or vary any promotional concession for a regulated service directly or indirectly, or in concert with others, or by any means whatsoever, unless the large telecommunications utility has filed a description of such concession with the Commission; and (b) Promote any regulated service, directly or indirectly, for more than a total of 180 days in any 12-month period. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.105 History: PUC 10-2002, f. & cert. ef. 2-26-02 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)
860-026-0030 Notice and Effective Date of Promotional Concessions for Energy Utilities All filings required from energy utilities by OAR 860-026-0025 shall be effective upon 30 days’ notice to the Commission, subject to suspension and cancellation by the Commission. However, the Commission may allow changes without requiring the 30 days’ notice by entering an order specifying the changes to be made and the time when they shall take effect. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 757.007 & 757.220 History: PUC 10-2002, f. & cert. ef. 2-26-02 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-026-0035 Reports of Promotional Activities and Concessions for Energy Utilities (1) Each energy utility shall file, concurrently with the annual report required by law, a report of each promotional activity and concession of the utility and its affiliates during the preceding calendar year. The report shall show the amounts expended with respect to each promotional activity and concession and a statement of the benefits achieved from each. (2) In reporting on each promotional activity or concession under this rule, an energy utility shall employ the lowest practicable subprogram for budget and accounting purposes. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.105 History: PUC 1-2002, f. & cert. ef. 1-3-02 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 17-1998, f. & cert. ef. 10-12-98 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035) PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-026-0040 Investigations of Promotional Activities and Concessions Nothing in OAR 860-026-0005 through 860-026-0040 is intended to prevent the Commission from investigating, either formally or informally, any promotional activity or concession, or the costs thereof, of any energy or large telecommunications utility. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.040 & 756.070 - 756.115 History: PUC 16-2001, f. & cert. ef. 6-21-01 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-026-0045 Promotional Concessions Offered or Granted on the Effective Date of These Rules (1) Notwithstanding OARs 860-026-0025 and 860-026-0030, any promotional concession offered or granted by an energy or large telecommunications utility or its affiliate before July 1, 1971, may remain in force, subject to suspension and cancellation, if: (a) A description of such concession was filed with the Commission not later than 5 p.m., June 30, 1971; (b) Such filing includes a statement signed by the responsible officer of the energy or large telecommunications utility that any such promotional concession is in compliance with OAR 860-026-0020; and (c) A copy of the description of such concession has been furnished to each other utility providing service in any portion of the service area of the filing utility. (2) No other promotional concession shall be offered or granted on or after July 1, 1971, except in compliance with OAR 860-025-0005 through 860-026-0040. 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)
860-027-0000 Applicability of Division 27 (1) The rules contained in this Division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-027-0001. (2) Upon request or its own motion, the Commission may waive any of the division 27 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, 759.030, 759.040 & 759.045 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 11-2001, f. & cert. ef. 4-18-01 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 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102) PUC 3-1995, f. & cert. ef. 6-19-95 (Order No. 95-516) PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)