justicedao/ipfs_state_laws huggingface dataset:
860-088-0100 Consumer Protection Provisions (1) All contracts between Project Managers and participants must contain provisions to protect customers, including terms and conditions regarding: (a) Contract portability and transferability; (b) Transparency of costs, risks, and benefits; (c) Cancellation penalties; (d) Explanation of one-time and on-going fees; (e) Early termination; (f) Explanation of concept of renewable energy credits; (g) Data privacy and security; (h) Responsibilities of the Program Administrator, electric company, and Commission; (i) Notifications regarding project status and performance; and (j) Other requirements set forth in the Program Implementation Manual. (2) Prior to executing a contract with a participant, the Project Manager must provide the participant a Commission-approved checklist that discloses the charges, terms and conditions of service, the process for dispute resolution, and other items set forth in the Program Implementation Manual. (3) Marketing materials must contain a Commission-approved disclaimer explaining that participation in the Community Solar Program is for the purpose of offsetting participants’ energy usage with electricity generated by certified projects. Statutory/Other Authority: OL 2016, ch. 28 & sec. 22 Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22 History: PUC 6-2017, f & cert. ef. 6-30-17
860-088-0110 Dispute Resolution (1) Any participant complaints related to the Community Solar Program received by an electric company, the Low-Income Facilitator, the Program Administrator, or the Commission are to be referred initially to the applicable Project Manager for resolution. (a) The Project Manager must investigate each complaint and provide a written response to the complainant. (b) If the Project Manager is unable to resolve the complaint, the complainant may request that the complaint be escalated to the Program Administrator. If the Program Administrator is unable to resolve the complaint, the Program Administrator must notify the complainant of the right to contact the Commission’s Consumer Services Section to request assistance in resolving the dispute or to obtain information about filing a formal complaint under ORS 756.500. (c) The Project Manager must compile and submit to the Program Administrator an annual report of complaints received over the past 12-month period. This report must include a description of each complaint, the parties to the complaint, and the resolution of the complaint. (2) Project Managers seeking to resolve disputes related to the Community Solar Program may use the contested case process, OAR 860-001-0000, et seq., to resolve disputes between: (a) Multiple project managers; (b) A Project Manager and an electric company; or (c) A Project Manager and PUC Staff, Program Administrator, or Low-Income Facilitator. Statutory/Other Authority: ORS 757.386 Statutes/Other Implemented: ORS 757.386 History: PUC 2-2023, minor correction filed 05/10/2023, effective 05/10/2023 PUC 3-2022, amend filed 03/09/2022, effective 03/09/2022 PUC 6-2017, f & cert. ef. 6-30-17
860-088-0120 Obligations of Electric Companies (1) Upon request from the Program Administrator, an electric company must provide customer electricity account information to the Program Administrator for the purpose of appropriately sizing an ownership interest or subscription in a project. Customer information may not be disclosed to the Program Administrator without consent from the customer. (2) An electric company must credit participants of a certified project with bill credits as provided in OAR 860-088-0170. The application of the credit may appear on the participants’ account in a subsequent billing period due to the time required to calculate the credit and transfer information between entities. The electric company will apply the credit to the participant’s account within 30 days of receiving the bill credit information from the Program Administrator. (3) Each electric company, in conjunction with the Program Administrator, must develop and obtain Commission approval of an on-bill payment model that allows for multiple ownership and subscription configurations to assess and remit on a participant’s electricity bill: (a) Ownership or subscription fees owed by the participant to the Project Manager. An electric company may only remit fees to a Project Manager once a project has been certified; (b) Fees owed by the participant to fund the Program Administrator and Low-Income Facilitator; and (c) Additional fees collectible from participants imposed by Commission order. (4) An electric company must obtain Commission approval of any applicable tariffs required by these rules, including the rate recovery of any expenditure for project development and administration if the electric company is acting as Project Manager. Statutory/Other Authority: OL 2016, ch. 28 & sec. 22 Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22 History: PUC 6-2017, f & cert. ef. 6-30-17
860-088-0130 Obligations of Project Managers (1) The Project Manager must register with the Program Administrator. (2) The Project Manager must comply with the standard of conduct established by Commission order. Upon notice of a potential compliance deficiency, the Project Manager will be afforded the opportunity to meet with Commission Staff and the Program Administrator to work toward a resolution. If the compliance deficiency is not resolved, the Commission may direct the Program Administrator to withhold payments to the Project Manager and take other action as permitted by rule, statute, or contract. (3) The Project Manager must provide any information the Program Administrator or Staff reasonably determines is necessary to investigate issues and make decisions regarding Project Manager participation and status in the program---e.g., to ascertain compliance with the requirements for pre-certification and certification in OAR 860-088-0040 and 860-088-0050 and the standard of conduct set forth in the Program Implementation Manual. Such request for information shall not be unduly burdensome. (4) For the collection of ownership or subscription fees owed to the Project Manager, the Project Manager must use the Commission-approved on-bill payment method described in OAR 860-088-0120(3). (a) The Project Manager may use a modified on-bill payment method if agreed to by the Program Administrator and the electric company. (b) The Project Manager may request approval of an alternative fee collection method for ownership or subscription configurations incompatible with the available on-bill payment methods. Statutory/Other Authority: ORS 757.386 Statutes/Other Implemented: ORS 757.386 History: PUC 3-2023, minor correction filed 05/10/2023, effective 05/10/2023 PUC 3-2022, amend filed 03/09/2022, effective 03/09/2022 PUC 6-2017, f & cert. ef. 6-30-17
860-088-0140 Sale and Purchase of Unsold and Unsubscribed Generation (1) Upon project certification, the project’s remaining unsold and unsubscribed generation is eligible for sale subject to the following requirements: (a) Upon request, an electric company must enter into a 20-year power purchase agreement with a pre-certified project to purchase the project’s unsold and unsubscribed generation on an “as available” basis subject to the requirements of the Public Utility Regulatory Policy Act (PURPA) and ORS 758.505, et. seq.; (b) If the electric company is the Project Manager, the electric company may seek Commission approval to recover from all ratepayers the “as available” rate for the project’s unsold and unsubscribed generation; and (c) Renewable energy certificates associated with generation sold under section (1)(a) of this rule at the “as available” rate will not transfer to the electric company unless otherwise agreed by the Project Manager and electric company. (2) The value of any project generation that is not sold to or subscribed by participants, sold to an electric company under a power purchase agreement, or sold on another basis must be donated to the electric company whose service territory encompasses the project at the “as available” rate and used by the electric company to assist low-income residential customers’ participation in the Community Solar Program. Statutory/Other Authority: OL 2016, ch. 28 & sec. 22 Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22 History: PUC 6-2017, f & cert. ef. 6-30-17
860-088-0150 Renewable Portfolio Standards and Renewable Energy Certificates (1) Megawatt hours of electricity associated with participant ownership interests or subscriptions will be deducted from the amount of electricity sold by the electric company to retail electricity consumers for purposes of calculating the electric company’s renewable portfolio standard under ORS 469A.052. (2) All claims to environmental, economic, and social benefits associated with megawatt hours of electricity associated with participant ownership interests or subscriptions, including any renewable energy certificates, must remain with the participants. (3) Registration with the Western Renewable Energy Generation Information System (WREGIS) is required. For any project that is 360 kilowatts in aggregate size or less, the Project Manager may request with its application for project pre-certification a waiver from the requirement to register with WREGIS. (4) If a project is registered with WREGIS, the Project Manager must: (a) Maintain sub-accounts associated with the renewable energy certificates owned by participants and retire those renewable energy certificates annually on behalf of participants; (b) Report annually to the Commission the retirement of renewable energy certificates on behalf of participants; and (c) Report annually to the Commission the sale of any renewable energy certificates generated by the project sold as of a result of a contract for the unsold or unsubscribed portion of project generation. The report must include adequate information for the Commission to verify that any renewable energy certificates owned by participants were not sold. (5) If a project is granted a waiver from the requirement to register with WREGIS, the Project Manger must: (a) Disclose in the contracting documents with participants that the project will not create and retire renewable energy certificates on their behalf; and (b) Provide an attestation at the time of project pre-certification that all renewable energy attributes associated with megawatt hours of electricity associated with participant ownership interests or subscriptions are being claimed solely by project participants. Statutory/Other Authority: OL 2016, ch. 28 & sec. 22 Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22 History: PUC 6-2017, f & cert. ef. 6-30-17
860-088-0160 Community Solar Program Funding (1) Start-up costs incurred during the development or modification of the Community Solar Program are recoverable in electric company rates. These costs, which must be reviewed and approved by Commission order, include: (a) Costs associated with the Program Administrator and Low-Income Facilitator; and (b) Each electric company’s prudently-incurred start-up costs associated with implementing the Community Solar Program. These costs include, but are not limited to, costs associated with customer account information transfer and on-bill crediting and payment, but exclude any costs associated with the electric company developing a project. (2) On-going costs of the Community Solar Program, including costs associated with the Program Administrator and the Low-Income Facilitator, are collected from participants. (a) Each project is responsible for its appropriate share of on-going costs, as allocated in the Program Implementation Manual or otherwise determined by Commission order. (b) If the Program Administrator or Low-Income Facilitator receives funds in excess of actual costs, the excess funds may be accrued and applied to offset future costs. (c) If the Program Administrator or Low-Income Facilitator receives inadequate funds to continue performing its duties, the Commission may suspend further pre-certification of projects until the funding shortfall is resolved. Statutory/Other Authority: OL 2016, ch. 28 & sec. 22 Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22 History: PUC 6-2017, f & cert. ef. 6-30-17
860-088-0180 Community Solar Program Evaluation (1) Commission Staff will periodically conduct a public workshop with the Program Administrator and Low-Income Facilitator to solicit comment from interested persons on the status of the Community Solar Program. (2) Commission Staff will periodically present a report to the Commission based on input from these public workshops and other relevant information, that: (a) Describes the status of implementation of the Community Solar Program; (b) Evaluates use of additional mechanisms to incent participation and project development; and (c) Considers, at a minimum, adjustments or modifications to: (A) Program capacity restrictions, (B) Project siting and size requirements, (C) Low-income capacity requirements, (D) Participation restrictions, (E) Data reporting and management practices, (F) Consumer protection provisions, and (G) The responsibilities of the Program Administrator and Low-Income Facilitator. Statutory/Other Authority: OL 2016, ch. 28 & sec. 22 Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22 History: PUC 6-2017, f & cert. ef. 6-30-17
860-088-0190 Program Implementation Manual (1) A Program Implementation Manual will be developed jointly by the Program Administrator and Commission Staff through a public process and adopted by Commission order. (2) The Program Implementation Manual will describe and inform the roles of the Program Administrator, the Low-Income Facilitator, and Commission Staff in implementing the Community Solar Program. (3) The Commission may, upon request or on its own motion and after notice and opportunity for public comment, amend the Program Implementation Manual upon a finding of good cause. Statutory/Other Authority: OL 2016, ch. 28 & sec. 22 Statutes/Other Implemented: OL 2016, ch. 28 & sec. 22 History: PUC 6-2017, f & cert. ef. 6-30-17
860-088-0200 Revocation of Pre-Certification or Certification Upon review of a written complaint, upon recommendation by the Program Administrator, or on its own motion, the Commission may, after reasonable notice and opportunity for hearing, consistent with ORS 183.310(2)(a) and ORS 183.415, revoke the pre-certification or certification of a Project and/or registration of a Project Manager for reasons including the following: (1) Material misrepresentations in its application for pre-certification or certification, project amendments, or in any report of material changes in the facts upon which the pre-certification or certification was based; (2) Material misrepresentations in solicitations, agreements, or in the administration of participant contracts; (3) Dishonesty, fraud, or deceit that benefits the Project Manager or disadvantages customers; (4) Failure to take required corrective action under the disciplinary probation process as outlined in the Program Implementation Manual. Statutory/Other Authority: ORS 757.386 Statutes/Other Implemented: ORS 757.386 History: PUC 4-2023, minor correction filed 05/10/2023, effective 05/10/2023 PUC 3-2022, adopt filed 03/09/2022, effective 03/09/2022
860-089-0010 Applicability and Purpose of Division 089 (1) The rules contained in this Division apply to electric companies, and are intended to provide an opportunity to minimize long-term energy costs and risks, complement the integrated resource planning (IRP) process, and establish a fair, objective, and transparent competitive bidding process, without unduly restricting electric companies from acquiring new resources and negotiating mutually beneficial terms. (2) Upon request or its own motion, the Commission may waive any of the Division 089 rules for good cause shown. A request for waiver must be made in writing to the Commission prior to or concurrent with the initiation of a resource acquisition. (a) In addition to the filing requirements in OAR Chapter 860, Division 001, an electric company filing a request for waiver under this section must serve the request on all parties to the electric company’s most recent general rate case, request for proposal (RPF) filing, and IRP docket. (b) If a request for waiver is filed by an electric company after it acquires a resource, granting, if any, of the waiver request does not result in or equate to the Commission’s acknowledgment of the resource acquisition. Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch. 28 Statutes/Other Implemented: ORS 756.040, 758.060, 2016 OL Ch. 28, Sect. 6 History: PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018
860-089-0020 Definitions For purposes of this Division, unless the context requires otherwise: (1) “Benchmark resource” is a resource identified in an electric company’s response to its own request for proposals. (2) “ Commission-acknowledged IRP” means an IRP for which the Commission has acknowledged the electric company’s action item to procure the resource subject to the rules in this division. (3) "Electric company" has the meaning given that term in ORS 757.600. (4) “Independent evaluator” or “IE” refers to a person engaged by an electric company to oversee an RFP process under the rules in this division, and who also reports directly to the Commission during that process. The IE must be independent of the utility and bidders, and also be experienced and competent to perform all IE functions identified in these Division 089 rules. (5) “Integrated resource plan” or “IRP” has the meaning given that term in OAR 860-027-0400. (6) “IRP Update” means an update to an acknowledged IRP that is filed in accordance with OAR 860-027-0400(9). (7) “Qualifying facility” refers to qualifying facilities under 16 USC § 796(17) and (18) (2012) and ORS 758.505(8). (8) “Request for proposals” or “RFP” means all documents, whether attached or incorporated by reference, used for soliciting proposals from prospective bidders. (9) “Resource acquisition” refers to a process for the purpose of acquiring energy, capacity, or storage resources that starts with an electric company’s: (a) Circulation of a final or draft RFP to third parties; or (b) Communication of a final offer or receipt of a final offer in a two-party negotiation. Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch. 28 Statutes/Other Implemented: ORS 756.040, 758.060, 2016 Ch. 28, Sect. 6 History: PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018
860-089-0100 Applicability of Competitive Bidding Requirements (1) An electric company must comply with the rules in this division when it seeks to acquire generating or storage resources or to contract for energy or capcity if any of the following apply: (a) The acquisition is of a resource or a contract for more than an aggregate of 80 megawatts and five years in length; (b) The acquisition is of a resource or contract in which the electric company does not specify the size or duration of the resource or contract sought but may result in an acquisition described in subsection (1)(a) or (1)(c) of this rule; (c) The acquisition is of multiple resources more than five years in length that in aggregate provide the electric company with more than an aggregate of 80 megawatts, and these resources: (A) Are located on the same parcel of land, even if such parcel contains intervening railroad or public rights of way, or on two or more such parcels of land that are adjacent; and (B) The generation equipment of any one of these resources is within five miles of the generation equipment of any other of these resources and construction of these resources is performed under the same contract or within two years of each other; or (d) As directed by the Commission. (2) An electric company may request that the Commission find that resources presumed to be subject to subsection (1)(c) of this rule should not be considered in the aggregate. The electric company may make this request before acquiring the resources. The electric company bears the burden of rebutting the presumption that the acquisition is subject to these rules by showing each resource is separate and distinct. (3) An electric company is not required to comply with the competitive bidding requirements to acquire a resource otherwise subject to section (1) of this rule when: (a) There is an emergency; meaning a human-caused or natural catastrophe resulting from an unusual and unexpected event, including but not limited to earthquake, flood, war, or a catastrophic energy plant failure, that requires an electric company to take immediate action; (b) There is a time-limited opportunity to acquire a resource of unique value to the electric company’s customers; (c) An alternative acquisition method was proposed by the electric company in the IRP and explicitly acknowledged by the Commission; or (d) Seeking to exclusively acquire transmission assets or rights. (4) Within 30 days of seeking to acquire a resource under section (3) of this rule, the electric company must file a report with the Commission explaining the relevant circumstances. The report must be served on all the parties to the electric company's most recent rate case, RFP, and IRP dockets. Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch. 28 Statutes/Other Implemented: ORS 756.040, 758.060, 2016 OL Ch. 28, Sect. 6 History: PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018
860-089-0200 Engaging an Independent Evaluator (1) Prior to issuing an RFP, an electric company must engage the services of an IE to oversee the competitive bidding process. The electric company must notify all parties to the electric company’s most recent general rate case, RFP, and IRP dockets of its need for an IE, and solicit input from these parties and interested persons regarding potential IE candidates. (2) The electric company must file a request for Commission approval to engage an IE. The Commission Staff will review the request and recommend an IE to the Commission based in part on the consideration of: (a) Input received from the electric company and interested, non-bidding parties; (b) Review of the degree to which the IE is independent of the electric company and potential bidders; (c) The degree to which the cost of the services to be provided is reasonable; (d) The experience and competence of the IE; and (e) The public interest. (3) The electric company is responsible for engaging the services of the IE and is responsible for all fees and expenses associated with engaging the IE’s services. The electric company may request recovery of fees and expenses associated with engaging an IE in customer rates. (4) The electric company’s contract with the IE must require that the IE fulfills its duties under these rules and that the IE confers as necessary with the Commission and Commission Staff on the IE’s duties. Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch. 28 Statutes/Other Implemented: ORS 756.040, 758.080, 2016 OL Ch. 28, Sect. 6 History: PUC 4-2018, adopt filed 08/30/2018, effective 08/30/2018