justicedao/ipfs_state_laws huggingface dataset:
860-001-0700 Extension or Postponement of Date to Comply with Rules and Orders (1) Within 60 days of the date of service of a Commission order, any party may file a petition for extension or postponement of an effective date or of time to comply with the order. (2) The petition must specify reasons for the requested extension or postponement. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0710 Notice of Acceptance of Terms of Orders The Commission may require any utility or person affected by any order to notify the Commission within a specified time whether the terms of the order are accepted and the time within which the utility or person will comply with the order. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0720 Rehearing or Reconsideration (1) Within 60 days from the date of service of an order entered by the Commission, a party may file an application for rehearing or reconsideration of the order as provided by ORS 756.561. The application must identify all grounds for rehearing or reconsideration. (2) The application must specify: (a) The portion of the challenged order that the applicant contends is erroneous or incomplete; (b) The portion of the record, laws, rules, or policy relied upon to support the application; (c) The change in the order that the Commission is requested to make; (d) How the applicant's requested change in the order will alter the outcome; and (e) One or more of the grounds for rehearing or reconsideration in section (3) of this rule. (3) The Commission may grant an application for rehearing or reconsideration if the applicant shows that there is: (a) New evidence that is essential to the decision and that was unavailable and not reasonably discoverable before issuance of the order; (b) A change in the law or policy since the date the order was issued relating to an issue essential to the decision; (c) An error of law or fact in the order that is essential to the decision; or (d) Good cause for further examination of an issue essential to the decision. (4) Within 15 days from the date the application is filed, any party may file a response to the application. Replies to a response are not permitted unless requested by the ALJ. (5) Unless ordered by the Commission under OAR 860-001-0700, compliance with the original order is not stayed or postponed by an order granting an application for rehearing or reconsideration. (6) The application is deemed denied if the Commission has not issued an order granting the application by the 60th day after filing. If the application is granted, the Commission may affirm, modify, or rescind its prior order or take other appropriate action. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0800 Purpose Statement (1) The purpose of OAR 860-001-0800 through OAR 860-001-0900 is to provide guidance for organizations seeking Justice Funding Grants, made available through ORS 757.072, to represent the interests of low-income residential customers or the interests of environmental justice communities in matters at the Oregon Public Utility Commission. (2) These rules facilitate the administration and implementation of the Environmental Justice Communities Funding Agreement. (3) Under the agreement, two funds are established for Justice Funding Grants, the Pre‑certification Fund and Case Fund. These funds are from the Participating Public Utilities, and the grants under each fund are approved by the Commission. (4) The Commission may delegate its authority set forth in OAR 860-001-0840, OAR 860-001-0850, OAR 860-001-0860, and OAR 860-001-0890. The delegate’s decisions may be appealed to the Commission. Statutory/Other Authority: ORS 757.072 Statutes/Other Implemented: ORS 757.072 History: PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023
860-001-0810 Definitions As used in OAR 860-001-0800 through 860-001-0900: (1) “Agreement” means the currently effective Environmental Justice Communities Funding Agreement, as adopted by the Commission. (2) “Case-certified Organization” means an organization the Commission has designated as meeting the requirements of OAR 860-001-0840 and OAR 860-001-0860(6). (3) “Case Fund” is a Participating Public Utility fund that is available to a Case-certified organization to reimburse or grant to fund activity in a specific Case-certified matter. (4) “Eligible Expenses” are expenses for which Eligible Recipients may request payment consistent with OAR 860-001-0870. (5) “Eligible Proceedings” are proceedings the Commission has determined meet the requirements of OAR 860-001-0830. (6) “Eligible Recipient” means an organization that represents the interests of either low-income residential customers or communities, or customers that are members of Environmental Justice Communities as defined below. For the purposes of this rule, a low-income community includes, but is not limited to, communities with limited or insufficient financial means to cover basic needs and essential services. (7) “Environmental Justice” means equal protection from environmental and health hazards and meaningful public participation in decisions that affect the environment in which people live, work, learn, practice spirituality and play. (8) “Environmental Justice Community or Communities” includes communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure, and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including but not limited to seniors, youth, and persons with disabilities; (9) "Grant Recipient" or "Grant Recipients" are Eligible Recipients who have been awarded pre-certification or case funding grants. (10) “Justice Funding Grants” are grants from either a Pre-certification Fund or Case Fund made subject to these rules. (11) “Participating Public Utility or Utilities” means any of the following utilities: Northwest Natural Gas Company, dba NW Natural; PacifiCorp, dba Pacific Power; Portland General Electric Company; Cascade Natural Gas Corporation; Avista Corporation, dba Avista Utilities; and Idaho Power Company. (12) “Pre-certification Fund” is a Participating Public Utility fund that is available to a Pre-certified Organization to reimburse or fund activity in an Eligible Proceeding. (13) “Pre-certified Organization” means an organization that the Commission has determined meets the eligibility criteria under ORS 757.072(2)(a)(B) and (C) and in OAR 860-001-0840. Statutory/Other Authority: ORS 757.072 Statutes/Other Implemented: ORS 757.072 History: PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025 PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023
860-001-0820 Funding Amounts and Rollover (1) The amounts to be made available annually for the Pre-certification Fund and the Case Fund for each utility are set forth in the Agreement. (2) A balance in any of the Justice Grant Fund accounts that is unused in any year will be carried over at the end of the calendar year and made available for use in succeeding years, except that the amount rolled over to the next year may not exceed the amounts listed in section (1) of this rule. (3) Up to 70 percent of any balance remaining in any of the Pre‑certified Funds after the annual grants are approved may be used for Case Fund grants for that calendar year after approval by the Commission of a request to reallocate these funds. Statutory/Other Authority: ORS 757.072 Statutes/Other Implemented: ORS 757.072 History: PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025 PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023
860-001-0830 Eligible Proceedings (1) Eligible Proceedings include proceedings before the Commission that affect a Participating Public Utility, its customers and its Environmental Justice Communities including, but not limited to, named, non-docketed Commission led processes, rulemakings, contested cases, declaratory ruling proceedings, contested case proceedings such as rate cases, integrated resource plans and updates, distribution system planning, depreciation dockets, deferrals for projects or pilots and design and implementation of differential rates, the Energy Trust’s budget and planning process, and power or purchased gas adjustments; but they do not include complaint proceedings initiated or caused to be initiated by the Grant Recipient. (2) Justice Funding Grants will not be made available for proceedings involving telecommunications utilities, water utilities, or wastewater utilities unless the proceedings relate to one or more of the Participating Public Utilities. Statutory/Other Authority: ORS 757.072 Statutes/Other Implemented: ORS 757.072 History: PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025 PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023
860-001-0850 Pre-certification Fund (1) No more than five eligible organizations will be Pre-certified to receive Pre-certification Fund grants each year. (2) Pre-certified Organizations may request an Advance from the Pre-certification accounts in the next year. (3) Applications for Pre-certification for the subsequent year must be filed no later than November 17. (4) Pre-certification requests must include the following elements: (a) A narrative on why the applicant meets the eligibility criteria set forth in OAR 860-001-0840 or identify a prior order determining that the organization is an Eligible Recipient; (b) The types of matters in which the applicant intends to participate, the nature of that participation, and why these types of matters are Eligible Proceedings; (c) The Participating Public Utility account or accounts from which the applicant seeks funds; and (d) A budget showing estimated Eligible Expenses. (5) Any person may provide a response to an application within 14 days of the filing of the application. (6) The Commission will make best efforts to review and act upon an application for Pre-certification within 45 days of receipt. The Commission may approve or deny, in whole or in part, the application based on any of the following factors: (a) The breadth and complexity of the issues or the importance of community participation; (b) The degree to which any policy issues affect the interests of low-income residential customers or the interests of residential customers that are members of Environmental Justice Communities; (c) The proposed budget; which must include a description of the Participating Public Utility account or accounts from which the applicant seeks funds and how payments should be apportioned. (d) The eligibility criteria to which the applicant is subject; (e) The qualifications of the applicant and experience before the Commission; and (f) The level of available Pre-certified Funds consistent with the Agreement. (7) Once Pre-certified, an organization will remain Pre-certified for one year unless the Commission terminates the Pre-certification. (8) A Pre-certification Fund Grant Recipient may file a request to amend its budget for good cause. The Commission will make best efforts to act upon the request within 21 days of receiving the proposed amendment or, if applicable, any supplemental information provided in response to the Commission’s request. Any person may provide a response to a proposed budget amendment within 7 days of the filing of the request. (9) The Commission may amend an approved Pre-certified Grant Recipient's budget if it finds that the approved budget is no longer warranted. If the Commission amends an approved budget, it will provide notice to the Pre-certification Fund Grant Recipient and afford an opportunity to comment and provide a revised budget. Statutory/Other Authority: ORS 757.072 Statutes/Other Implemented: ORS 757.072 History: PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025 PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023
860-001-0870 Eligible Expenses (1) Eligible Expenses include: (a) Actual attorney and consultant fees, whether in-house or for outside services, directly attributable to participation in the proceeding; (b) Expert witness fees and expenses; (c) Apportioned wages for in-house staff and operational support directly related to participation in the proceeding; (d) The cost of investigations and of preparing and copying studies, data request responses and other discovery materials, exhibits, testimony, briefs, and other filings in the proceeding; (e) Travel costs directly related to participation in the proceeding; (f) Costs of acquiring studies or supplies directly related to the proceeding or court reporter fees and transcripts; (g) Costs for education, organization, preparation for and facilitation of community members’ participation in proceedings or an individual community member’s participation in a proceeding; (h) Costs of participation in workshops and other informal Commission activities prior to the institution of an Eligible Proceeding; and (i) Cost of contractors and subcontractors conducting activities that would otherwise constitute an eligible expense under this definition had they been directly incurred by the Grantee. (j) Costs of educational opportunities for in-house staff to facilitate participation in an Eligible proceeding. (2) Justice Funding Grants may not be used political activities or fund raising. (3) Pre-certification grants may not be used for complaint proceedings before the Commission. Statutory/Other Authority: ORS 757.072 Statutes/Other Implemented: ORS 757.072 History: PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025 PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023
860-001-0900 Recovery of Justice Funding Grants and Cost Allocation (1) Participating Public Utilities are permitted to recover in rates all amounts paid for Justice Funding Grants. (a) If a Participating Public Utility seeks rate recovery through a deferred account, the account and amortization of the account is exempt from the amortization caps and earnings test set forth in subsections 5, 6, 7, 8 and 10 of ORS 757.259, as such subsections may be amended from time to time and is not included in any calculation of the amortization cap for other deferred accounts. (b) Amounts in any deferred account under this rule will include carrying costs at the Participating Public Utility's authorized cost of capital. (c) If the applicable Eligible Proceeding results in a change of rates, Case Fund grants should be incorporated into rates at the same time as the rate change is made. (d) For Case Fund grants that are not recovered in the Eligible Proceeding in which the funds were expended or when recovering Pre-certification grants, the timing and amortization period for recovering of such Justice Funding Grants will be left to the discretion of the Participating Public Utility, subject to Commission approval. (2) In a proceeding involving more than one Participating Public Utility, the Commission will apportion the payment among the affected Participating Public Utilities. (a) Criteria for making this allocation may include the relative gross revenue of the utilities, load, or other such factors as the Commission determines to be relevant to the matter. (b) Payment will be apportioned to Avista, Cascade, and Idaho Power solely for Case Fund grants for matters affecting low-income residential customers or Environmental Justice Communities in their respective service areas. (c) Case Fund grants used to advocate positions on behalf of low-income residential customers or Environmental Justice Communities may be assessed as determined by the Commission. Statutory/Other Authority: ORS 757.072 Statutes/Other Implemented: ORS 757.072 History: PUC 3-2025, amend filed 12/26/2025, effective 12/26/2025 PUC 1-2023, adopt filed 05/10/2023, effective 05/10/2023
860-002-0000 Applicability of Division 002 (1) The rules in this division apply to a complaint subject to ORS 756.500 or OAR 860-029-0100 or OAR 860-082-0085 or a petition for declaratory ruling subject to ORS 756.450. These provisions supplement the generally applicable filing and contested case procedures contained in OAR chapter 860, division 001, division 029, and division 082. (2) Upon request or its own motion, the Commission may waive any of the division 002 rules for good cause shown. (3) Upon the filing of a petition for alternative dispute resolution consistent with these rules, all procedural deadlines associated with a related complaint or petition for declaratory ruling are stayed. A complaint or petition for declaratory ruling is related to the alternative dispute resolution if it raises the same dispute or concerns the same underlying circumstances, or both, and concerns the same parties. The stay is lifted upon the conclusion of the alternative dispute resolution process. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021
860-002-0010 Purpose of Division 002 (1) OAR chapter 860, division 002 is intended to facilitate informal resolution of disputes, prevent litigation, and save time and resources for electric companies, qualifying facilities, and the Commission. (2) These rules are intended to provide for fair, timely, and confidential dispute resolution that will aid parties in reducing the issues presented to the Commission. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021
860-002-0020 Definitions (1) "Mediator" refers to the person or persons appointed by the Chief Administrative Law Judge to serve as the Commission's representative to facilitate the alternative dispute resolution process. (2) "Party" refers to either the petitioner or respondent identified in the petition for alternative dispute resolution. (3) "Petitioner" refers to the party that files a petition for alternative dispute resolution under these rules. (4) "Respondent" refers to the adverse party named in a petition for alternative dispute resolution under these rules, a complaint under ORS 756.500 or OAR 860-029-0100 or OAR 860-082-0085, or a petition for declaratory ruling filed pursuant to ORS 756.450. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021
860-002-0030 Initiation of Alternative Dispute Resolution Process (1) At any time or concurrent with the filing of a complaint or a petition for declaratory ruling in a dispute, either party may petition for alternative dispute resolution with the Commission. Before filing such a petition, the petitioner must first provide a written request to the non-petitioning party to participate in the alternative dispute resolution process before the Commission and the non-petitioning party must confirm in writing its agreement to participate in the alternative dispute resolution process. Once both parties confirm in writing their agreement to participate in the alternative dispute resolution process, the Commission will provide mediation services under these rules. (2) In the event a party files a complaint or petition for declaratory ruling but does not petition for alternative dispute resolution, the respondent named in the complaint or petition for declaratory ruling may file a petition for alternative dispute resolution under these rules. Before filing such a petition, the respondent must first provide written consent to the petitioner to participate in the alternative dispute resolution process before the Commission and petitioner must confirm in writing its agreement to participate in the alternative dispute resolution process. Once both parties confirm their agreement to participate in the alternative dispute resolution process , the Commission will provide mediation services under these rules. (3) A party receiving a written request to participate in the alternative dispute resolution process under section (1) or (2) above must promptly advise in writing whether or not it agrees to participate in the alternative dispute resolution process under these rules. After the party consents to alternative dispute resolution, the petitioning party will promptly file its petition for alternative dispute resolution as provided in these rules. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021
860-002-0040 Process and Timeline for Alternative Dispute Resolution (1) A petition for alternative dispute resolution under these rules will be filed with the Commission and will state the names of the parties and an affirmation that the non-petitioning party has agreed to participate in an alternative dispute resolution process. (2) Within one business day of the filing of a petition for alternative dispute resolution, the Commission will contact the parties to inform them that a mediator has been appointed and to schedule the first mediation session. (3) Within one business day of the appointment of a mediator, the petitioner will serve upon the non-petitioning party and the mediator the supporting materials described in OAR 860-002-0050. (4) Within seven business days of receiving supporting materials, the non-petitioning party will serve a response on the petitioner and the mediator. (5) A mediation session will be held within 14 business days after the initial petition is filed. Subsequent mediation sessions may be scheduled, if both parties agree. (6) If no agreement is reached in the mediation session and the parties do not request additional mediation sessions, then, no later than three business days following the mediation session, the mediator will file a statement with the Commission indicating that no agreement was reached. (7) Upon being informed that no agreement was reached, the Commission's Administrative Hearings Division will provide notice in any associated complaint or declaratory ruling docket that the stay on procedural deadlines is lifted. (8) After the notice is provided, if the parties would like to continue discussions outside of the mediation process, the parties may jointly file a motion to stay further complaint proceedings to facilitate further settlement discussion. Thereafter, either party may provide notice that will end the stay. (9) Any deadline in this rule may be modified by the agreement of the parties. Statutory/Other Authority: ORS 756.040 & ORS 756.060 Statutes/Other Implemented: ORS 183.502 History: PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021