justicedao/ipfs_state_laws huggingface dataset:
860-089-0300 Resource Ownership (1) An electric company may submit or allow its affiliates to submit bids in response to the electric company’s request for proposals. (a) Electric company and affiliate bids must be treated in the same manner as other bids. (b) Any individual who participates in the development of the RFP or the evaluation or scoring of bids on behalf of the electric company may not participate in the preparation of an electric company or affiliate bid and must be screened from that process. (2) An electric company may propose a benchmark bid in response to its RFP to provide a potential cost-based alternative for customers. The electric company may make elements of the benchmark resource owned or secured by the electric company ( e.g., site, transmission rights, or fuel arrangements) available for use in third-party bids. (3) If benchmark bid elements secured by the electric company are not made available to all bidders, it must provide analysis explaining that decision when seeking RFP acknowledgement and recovery of the costs of the resource in rates. (a) If electric company resources are offered and made available for use in third-party bids, then the RFP may provide for appropriate compensation of electric company resources by third-party bidders. (b) Separate electric company affiliate bids are not subject to this section of this rule, and no information on any decision to offer the use of separate electric company affiliate-owned elements to third-parties is required to be supplied to the Commission. (4) An electric company may consider ownership transfers within an RFP solicitation. (5) The electric company issuing the RFP must allow independent power producers to submit bids with and without an option to renew, and may not require that bids include an option for transferring ownership of the resource. 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
860-089-0350 Benchmark Resource Score (1) Prior to the opening of bidding on an approved RFP, the electric company must file with the Commission and submit to the IE, for review and comment, a detailed score for any benchmark resource with supporting cost information, any transmission arrangements, and all other information necessary to score the benchmark resource. The electric company must apply the same assumptions and bid scoring and evaluation criteria to the benchmark bid that are used to score other bids. (2) If, during the course of the RFP process, the Commission or the IE determines that it is appropriate to update any bids, the electric company must also make the equivalent update to the score of the benchmark resource. (3) Before the IE provides the electric company an opportunity to score other bids, the electric company must file with the Commission and submit via a method that protects confidentiality the following information: (a) The final benchmark resource score developed in consultation with the IE, and (b) Cost information and other related information shared under this rule. 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
860-089-0500 Final Short List Acknowledgement and Result Publication (1) For the purposes of this section, “acknowledgment” is a finding by the Commission that an electric company’s final shortlist of bid responses appears reasonable at the time of acknowledgment and was determined in a manner consistent with the rules in this division. (2) An electric company must request that the Commission acknowledge the electric company's final shortlist of bids before it may begin negotiations. Acknowledgment of a shortlist has the same legal force and effect as a Commission-acknowledged IRP in any future cost recovery proceeding. (3) A request for acknowledgement must include, at a minimum, the IE's closing report, the electric company’s final shortlist of responsive bids, all sensitivity analyses performed, and a discussion of the consistency between the final shortlist and the electric company’s last-acknowledged IRP Action Plan or acknowledged IRP Update. (4) The Commission will generally issue a decision on the request for acknowledgment within 60 days of receipt of the electric company’s filing. (5) The electric company must make a publicly available filing in the RFP docket providing the average bid score and the average price of a resource on its final shortlist. (6) Following execution of all contracts resulting from an RFP or cancellation of the RFP, the electric company must provide information, on request, to a bidder about the bidder’s bid score. 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
860-089-0550 Protected Information The electric company may request a protective order be issued prior to making available protected information required to be shared under the rules in this Division. Protected information may include, but is not limited to, RFP-related and bidding information, such as a company’s modeling, cost support for any benchmark resource and detailed bid scoring and evaluation results. Protected information may then be provided to the Commission, the IE, and non-bidding parties, as appropriate under the terms of the protective order. Information shared under the terms of a protective order issued under this rule may be used in RFP review and approval, final shortlist acknowledgement, and cost-recovery proceedings. 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
860-091-0000 Applicability of Rules Upon request or its own motion, the Commission may waive any of the division 091 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210 Statutes/Other Implemented: ORS 469A.210 History: PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021
860-091-0010 Definitions (1) "Electric company" has the meaning in ORS 756.005. (2) "Nameplate capacity" means the full-load electrical quantities assigned by the designer to a generator and its prime mover or other piece of electrical equipment, such as transformers and circuit breakers, under standardized conditions, expressed in amperes, kilovoltamperes, kilowatts, volts, or other appropriate units. Nameplate capacity is usually indicated on a nameplate attached to the individual machine or device. Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210 Statutes/Other Implemented: ORS 469A.210 History: PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021
860-091-0020 Aggregate Electrical Capacity (1) For purposes of compliance with the standard in ORS 469A.210(2), each electric company's aggregate electrical capacity is the total nameplate capacity of the electric company's generation resources to serve Oregon load. These resources include: (a) All owned resources; and (b) The annual average of all resources under a power purchase agreement with a term of at least five years. (2) For electric companies making retail sales in multiple jurisdictions, the nameplate capacity of generation resources to serve Oregon load is the total nameplate capacity of the electric company's system generation allocated to Oregon retail customers. Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210 Statutes/Other Implemented: ORS 469A.210 History: PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021
860-091-0030 Eligible Renewable Energy Projects (1) Projects used to comply with the standard in ORS 469A.210(2) must be an Oregon Renewable Portfolio Standard-approved generator; and (2) The eligible portion of a project's capacity used to comply with the standard in ORS 469A.210(2) is the percentage of annual project costs paid for by Oregon retail customers. Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210 Statutes/Other Implemented: ORS 469A.210 History: PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021
860-091-0040 Compliance Reports (1) No later than July 1, 2029, and no later than July 1 for each year thereafter, the electric company must file a report with the Commission demonstrating compliance or explaining in detail any failure to comply, with the standard in ORS 469A.210(2). (2) The report required in section (1) of this rule must include the following information associated with each owned or contracted eligible renewable energy project: (a) The name of the facility; (b) The type of renewable resource; (c) In-service date of the facility; (d) The nameplate capacity rating; (e) For multi-jurisdictional utilities, the percentage of each eligible small-scale facility's costs paid for by the electric company's Oregon retail customers; and (f) Contracted resources should also include the delivery period and output of contracts. (3) The report required in section (1) of this rule must include the following information regarding the electric company's aggregate electrical capacity that serves Oregon load during the reporting year: (a) The names of the facilities; (b) The nameplate capacity of the electric company's generating resources; (c) The percentage of electric company generating resources allocated to meet Oregon load; (d) The average total contracted capacity of all power purchase agreements over five years with delivery during the reporting year. Statutory/Other Authority: ORS 756.060, ORS 469A.200 & ORS 469A.210 Statutes/Other Implemented: ORS 469A.210 History: PUC 12-2021, adopt filed 12/21/2021, effective 12/21/2021
860-095-0000 Scope and Applicability of Rules (1) The rules in this division prescribe the filing requirements for provision of Resource Adequacy information, and the filing requirements and binding elements for the Public Utility Commission of Oregon (Commission) - administered Resource Adequacy program. (2) Upon request or its own motion, the Commission may waive any of the rules in this division for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS 183 & ORS 756 Statutes/Other Implemented: ORS 756.040, ORS 757.649 & ORS 757.659 History: PUC 5-2024, adopt filed 05/10/2024, effective 05/13/2024
860-095-0020 Electric Company Resource Adequacy Informational Filing Requirements (1) Electric Companies must provide an Informational Filing to the Commission as a part of their Integrated Resource Plan. The Electric Company’s Informational Filing must be included as a chapter to the Integrated Resource Plan that incorporates the Advisory Forecast from a Qualified Regional Program and contains a discussion about how the overall resource strategy interacts with Resource Adequacy concerns. (2) The Informational Filing for an Electric Company must include: (a) Qualified Regional Program data as provided by the Regional Participant that was developed for utilization in the Q ualified Regional Program’s Advisory Forecastt and mirrors the number of years of information provided in the Advisory Forecast . (b) A high-level discussion, not to include confidential information, of the transmission rights necessary to serve P50 load, the transmission rights currently owned or used, the steps that will be taken to procure transmission rights to fill in any open position, and any expected constraints or difficulties in filling any open positions. The information supplied should cover the time period of the two forthcoming Qualified Regional Program operating seasons. (c) A description of information supplied to produce the Advisory Forecast and explanation of any differences between that information and comparable inputs to the Electric Company’s Integrated Resource Plan analysis and associated action plan. (d) Commercially and Competively-sensitive information and data provided in the Informational Filing may be redacted or provided only to Qualified Parties. (3) All outputs of a Qualified Regional Program’s most recent Advisory Forecast must be included with the Informational Filing. These may be included in the Informational Filing or as an Appendix chapter to the Integrated Resource Plan. (4) A Regional Participant’s most recent Regional Forward Showing submission to its Qualified Regional Program must be made available to Qualified Parties upon request pursuant to a Modified Protected Order. Statutory/Other Authority: ORS 183 & ORS 756 Statutes/Other Implemented: ORS 756.040, ORS 756.700, ORS 756.105 & ORS 757.659 History: PUC 5-2024, adopt filed 05/10/2024, effective 05/13/2024
860-095-0030 Electricity Service Supplier Resource Adequacy Informational Filing Requirements (1) Electricity Service Suppliers must submit an Informational Filing with the Commission every other year. (a) The Informational Filing may be filed as a part of the Emissions Planning Report filing. (b) The Informational Filing must contain a discussion about how the overall resource strategy interacts with Resource Adequacy concerns. (2) The Informational Filing for an Electricity Service Supplier must include: (a) A monthly P50 Peak Load Forecast and Effective Load Carrying Capability curve over a period of the greater of four years or the longest available timeline from a Qualified Regional Program using methods consistent with outputs of the Qualified Regional Program’s Advisory Forecast. (b) A discussion covering at least four years of the transmission rights necessary to serve P50 load, the transmission rights currently owned or used, the steps that will be taken to procure transmission rights to fill in any open position, and any expected constraints or difficulties in filling any open positions. (3) All publicly available outputs of a Qualified Regional Program’s most recent Advisory Forecast must be included with the Informational Filing. These may be included as an appendix chapter. (4) Availability of Information: (a) A Regional Participant's most recent Regional Forward Shwoing submission to its Qualified Regional Program must be made available for review only to Qualified Parties and only upon request pursuant to a Modified Protective Order. (b) The following information shall be available for review only by Non-market Participants that have executed a Modified Protective Order: (A) A discussion about how the overall resource strategy interacts with Resource Adequacy concerns, as requirebed by section (1)(b)of this rule; (B) A monthly P50 Peak Load Forecast and Effective Load Carrying Capability curve, as required by section (2)(a) of this rule; and (C) A discussion covering at least four years of the transmission rights necessary to serve P50 load, the transmission rights currently owned or used, the steps that will be taken to procure transmission rights to fill in any open position, and any expected constraints or difficulties in filling any open positions, as required by section (2)(b) of this rule. (c) For purposes of this rule, Non-market Participants includes Commission Staff, the Oregon Citizens' Utility Board, and nonprofit organizations engaged in environmental advocacy that do not otherwise participate in electricity markets. (5) As part of the forecast of monthly P50 Peak Load Forecast and monthly forecast of transmission requirements, an Electricity Service Supplier must use current load levels or provide reasonable substitutes of the load forecast. An Electricity Service Supplier is responsible for demonstrating that the substitute load forecast is reasonable. Statutory/Other Authority: ORS 183 & ORS 756 Statutes/Other Implemented: ORS 756.040, ORS 757.649 & ORS 757.659 History: PUC 5-2024, adopt filed 05/10/2024, effective 05/13/2024
860-100-0001 Scope and Applicability (1) The rules in this Division apply to all telecommunications providers as defined in 860-100-0005. (2) Upon request or its own motion, the Commission may waive any of the Division 100 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS Ch. 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 759.005 & ORS 759.020 History: PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021 PUC 5-2016, f. & cert. ef. 11-22-16
860-100-0105 Identification Worksheet (1) A telecommunications provider must complete and file an initial identification worksheet with the OUS Administrator within 30 calendar days of notification by the OUS Administrator that the identification worksheet is due. (2) A telecommunications provider must complete and file a corrected identification worksheet with the OUS Administrator within 30 calendar days of any change to its business name, organization structure, mailing address, contact person or certifying officer. (3) A telecommunications provider must complete and file an identification worksheet on an annual basis with the OUS Administrator. A provider must file its annual identification worksheet by February 10th each calendar year. (4) A telecommunications provider must identify the method it uses to determine the jurisdictional split of revenues attributable to the OUS Fund in each identification worksheet. Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425 History: PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021 PUC 7-2017, adopt filed 10/06/2017, effective 10/06/2017
860-100-0115 Distribution Worksheet A competitive provider that has been designated as eligible for OUS Fund support must record its number of basic service access lines at the end of the calendar month (referred to as the recording month) on the distribution worksheet by wire center or exchange and must file the completed worksheet with the OUS Administrator no later than 40 days after the end of the recording month , i.e., by the tenth day of the second month following the close of each month. Disbursements based on lines recorded by the 10th of each month will be made at the end of the month. Statutory/Other Authority: ORS 183, 192, 756 & 759 Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425 History: PUC 5-2022, amend filed 07/26/2022, effective 07/27/2022 PUC 7-2017, adopt filed 10/06/2017, effective 10/06/2017
860-100-0120 Estimated Report (1) For any quarter for which a telecommunications provider fails to file a contribution report as required by these rules, the Commission may make a proposed contribution assessment based upon any information available to the Commission. (2) The proposed assessment will include a late payment fee equal to 9 percent of the proposed assessment amount, up to a maximum of $500 for that quarter. (3) Each proposed assessment will bear interest on the amount proposed at the rate of 9 percent per annum from the day the contribution amount was originally due. (4) The Commission's proposed assessment for a non-filed contribution report must be made no later than three years after the contribution report's due date. (5) Notwithstanding section (4) of this rule, if the telecommunications provider did not hold a certificate of authority and was required to do so in order to provide service, the Commission has an unlimited time to propose an assessment for the time period represented by the non-filed contribution report. The proposed assessment will include all late payment fees and interest as specified in this rule. (6) Prior to the expiration of the period allowed for filing a petition for a hearing, the telecommunications provider may file its contribution report. The Commission will accept the report and calculate late report fees, late payment fees, and interest in accordance with the original due date for that quarter's contribution report and payment, if any, accompanying the report. Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425 History: PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021 Renumbered from 860-032-0630, PUC 5-2016, f. & cert. ef. 11-22-16 PUC 23-2002, f. & cert. ef. 12-9-02
860-100-0125 OUS Fund Support Portability (1) OUS Fund support is portable, on a per line basis for basic telephone service, from a telecommunications utility to a competitive provider that has been designated by the Commission as eligible for support in the same geographic support area. (2) In support areas that are served by both a telecommunications utility and a competitive provider, distributions from the OUS Fund will be shared in the following manner: (a) For customer lines served by a competitive provider’s own loop facilities, the competitive provider may receive the full OUS Fund support amount per line based on the amount available for the support area. (b) For customer lines served by a competitive provider that resells a telecommunication utility’s supported retail service and does not provide service with its own loop facilities, the competitive provider may not receive OUS Fund support. (c) For customer lines served by UNE loops leased from a telecommunications utility by a competitive provider, the utility and the competitive provider may share the OUS Fund support amount per line. (d) For customer lines served by Warm Springs Telecommunications Company, the support amount for these line for calendar year 2022 shall be as set forth in Table A of this rule. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425 History: PUC 5-2022, amend filed 07/26/2022, effective 07/27/2022 PUC 9-2021, temporary amend filed 11/30/2021, effective 01/01/2022 through 06/29/2022 PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021 PUC 7-2017, adopt filed 10/06/2017, effective 10/06/2017
860-100-0130 Commission Audit and Proposed Assessment (1) For any quarter for which a telecommunications provider's contribution report was due, the Commission may audit the telecommunications provider as the Commission deems necessary and practicable. (2) The Commission's audit must be commenced no later than three years after the quarter's contribution report's due date. After completion of its audit, the Commission may propose to assess an additional contribution amount due from the telecommunications provider. (3) In the event the telecommunications provider failed to file a contribution report for the quarter, the Commission will add to the proposed assessment a late payment fee equal to 9 percent of the amount of the proposed assessment, up to a maximum amount of $500. (4) Each proposed assessment will bear interest on the additional amount proposed at the rate of 9 percent per annum from the day the original contribution amount was due. (5) Notwithstanding section (2) of this rule, if the telecommunications provider did not hold a certificate of authority and was required to do so in order to provide service, the Commission has an unlimited time to audit the telecommunications provider for universal service charges. Statutory/Other Authority: ORS 183, ORS 192, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 759.015 & ORS 759.425 History: PUC 8-2020, amend filed 12/30/2020, effective 01/01/2021 Renumbered from 860-032-0640, PUC 5-2016, f. & cert. ef. 11-22-16 PUC 23-2002, f. & cert. ef. 12-9-02