justicedao/ipfs_state_laws huggingface dataset:
860-022-0042 Relating to City Privilege Taxes, Fees, and Other Assessments Imposed Upon a Large Telecommunications Utility (1) The aggregate amount of all privilege taxes and fees and other assessments imposed upon a large telecommunications utility by any city in Oregon for engaging in business within such city or for use and occupancy of city streets and public ways, whether applied to regulated revenues, net income, or other bases, shall be allowed as operating expenses of the large telecommunications utility for rate-making purposes, subject to sections (2) through (4) of this rule. (2) As used in this rule: (a) "Fees and other assessments" means business or occupation taxes or licenses; franchise or operating permit fees; sales, use, net income, gross receipts, and payroll taxes, levies, or charges; and other similar exactions imposed by cities, other than ad valorem taxes, upon revenues or income received from regulated telecommunications services by a large telecommunications utility; (b) "Local access revenues" means those revenues derived from exchange access services within the city, as defined in ORS 401.710, less related net uncollectibles; (c) "Privilege taxes" means taxes levied and collected by cities from a large telecommunications utility for use and occupancy of city streets, alleys, or highways, as provided under ORS 221.515; (d) "Regulated revenues" means those revenues derived from regulated telecommunications services within the city less related net uncollectibles. Regulated revenues include, but are not limited to, local access revenues. (3) Separate fees for street opening, installations, construction, and maintenance of fixtures or facilities to the extent such fees or charges are reasonably related to the city’s costs for inspection, supervision, and regulation in the exercise of its police powers shall be allowed as operating expenses of a large telecommunications utility for rate-making purposes. Such fees shall not be deducted in computing the percentage level set forth in section (4) of this rule. (4) The aggregate amount of all privilege taxes and fees and other assessments imposed upon a large telecommunications utility by a city, which does not exceed 4 percent of local access revenues, shall be allowed as operating expenses for rate-making purposes and shall not be itemized or billed separately. All privilege taxes and fees and other assessments in excess of 4 percent of local access revenues shall be charged pro rata to users of local access services within the city, and the aggregate excess amount shall be separately itemized on customers’ bills or billed separately. (5) The amount allowed as an operating expense may be described on customers’ bills in a manner determined by the large telecommunications utility. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.105 History: PUC 14-2003, f. & cert. ef. 7-24-03 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 7-1998, f. & cert. ef. 4-8-98 PUC 14-1990, f. & cert. ef. 7-11-90 (Order No. 90-1031)
860-022-0045 Relating to Local Government Fees, Taxes, and Other Assessments Imposed Upon an Energy or Large Telecommunications Utility (1) If any county in Oregon, other than a city-county, imposes upon an energy or large telecommunications utility any new taxes or license, franchise, or operating permit fees, or increases any such taxes or fees, the utility required to pay such taxes or fees shall collect from its customers within the county imposing such taxes or fees the amount of the taxes or fees, or the amount of increase in such taxes or fees. However, if the taxes or fees cover the operations of an energy or large telecommunications utility in only a portion of a county, then the affected utility shall recover the amount of the taxes or fees or increase in the amount thereof from customers in the portion of the county which is subject to the taxes or fees. "Taxes," as used in this rule, means sales, use, net income, gross receipts, payroll, business or occupation taxes, levies, fees, or charges other than ad valorem taxes. (2) The amount collected from each utility customer pursuant to section (1) of this rule shall be separately stated and identified in all customer billings. (3) This rule applies to new or increased taxes imposed on and after December 16, 1971, including new or increased taxes imposed retroactively after that date. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 757.110 & 759.115 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 7-1998, f. & cert. ef. 4-8-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307)
860-022-0065 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028. Statutory/Other Authority: ORS 183, 756, 757, 758 & 759 Statutes/Other Implemented: ORS 757.035, 757.542 - 757.562, 758.215, 759.045 & 759.650 - 759.675 History: PUC 23-2001, f. & cert. ef. 10-11-01
860-022-0075 Ownership of Non-Energy Attributes of Generation from Renewable Energy Facilities (1) This rule applies to non-energy attributes associated with energy generated and sold under an applicable contract, as identified in section (2) of this rule, that is executed on or after the effective date of this rule. (2) Unless otherwise agreed to by separate contract, the owner of the renewable energy facility retains ownership of the non-energy attributes associated with electricity the facility generates and sells to an electric company pursuant to: (a) The provisions of a net metering tariff; (b) An Oregon contract with the electric company entered into pursuant to Section 210 of the Public Utility Regulatory Policies Act of 1978; or (c) Another retail power production tariff. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.205 & 757.210 History: PUC 7-2005, f. & cert. ef. 11-30-05
860-023-0000 Applicability of Division 23 (1) The rules contained in this division apply to energy utilities, large telecommunications utilities, telecommunications carriers, and intrastate toll service providers, as defined in OAR 860-023-0001. (2) Upon request or its own motion, the Commission may waive any of the Division 023 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 9-2005, f. & cert .ef. 12-23-05 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 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-023-0001 Definitions for Service Standards For purposes of this division, except when a different scope is explicitly stated: (1) “Customer” means any person, firm, partnership, corporation, municipality, cooperative organization, governmental agency, or other legal entity that has applied for, been accepted for, or is currently receiving service from an energy utility, large telecommunications utility, or intrastate toll service provider. (2) "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 utility, "gas utility," or "steam heat utility." (3) "Intrastate" means telecommunications service that originates and terminates in Oregon. (4) “Intrastate toll service provider” means a telecommunications carrier that provides intrastate toll services to retail customers. (5) "Large telecommunications utility" means any telecommunications utility, as defined in ORS 759.005, that is not partially exempt from regulation under 759.040. (6) "Local exchange service" has the meaning given to "local exchange telecommunications service" in ORS 759.005(1)(c). (7) "Telecommunications carrier" has the meaning provided in ORS 759.400(3). (8) “Toll” has the meaning provided in ORS 759.005(h). Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.040 & 759.005 History: PUC 9-2005, f. & cert .ef. 12-23-05 PUC 7-2005, f. & cert. ef. 11-30-05 PUC 16-2001, f. & cert. ef. 6-21-01 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102)
860-023-0005 Maintenance of Plant and Equipment by Energy Utilities, Large Telecommunications Utilities, and Intrastate Toll Service Providers Each energy utility, large telecommunications utility, and intrastate toll service provider must have and maintain its entire plant and system in such condition that it will furnish safe, adequate, and reasonably continuous service. Each energy utility, large telecommunications utility, and intrastate toll service provider must inspect its plant distribution system and facilities in such manner, and with such frequency, as may be needed to ensure a reasonably complete knowledge about its condition and adequacy at all times. Each energy utility, large telecommunications utility, and intrastate toll service provider must keep such records of the conditions found as the utility considers necessary to properly maintain its system, unless in special cases the Commission specifies a more complete record. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 757.020 & 759.035 History: PUC 9-2005, f. & cert. ef. 12-23-05 PUC 7-2005, f. & cert. ef. 11-30-05 PUC 13-2002, f. & cert. ef. 3-26-02 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 74-307)
860-023-0010 Use of Gas and Electric Meters (1) Electrical energy sold by a utility shall be charged for by meter measurements, unless otherwise authorized by the Commission. All meter measurements for gas service shall be converted to a therm basis for billing purposes. (2) Unless otherwise authorized by the Commission, each energy utility shall continue to own, maintain, and operate all equipment needed to regulate and measure electricity and gas to its customers. When the energy utility furnishes additional meters or relocates meters for the customer’s convenience, the energy utility may make a reasonable charge for such meters in accordance with a schedule approved by the Commission. (3) No energy utility shall charge for furnishing, installing, or maintaining any meter or other appliance for measurement purposes except by the Commission’s permission, or as provided in OARs 860-021-0050(1) and 860-021-0055. The amount so paid shall be refunded to the customer by allowing him/her a credit of one-half of the monthly bill until the amount has been paid, provided such refund payments do not run for more than three years from the date when the refund began. (4) No rental shall be charged by any energy utility for any meter or appliance installed by it, which the energy utility uses as a basis for the rendering of bills, except when an additional meter or appliance may be requested by the customer for his/her convenience. (5) The energy utility shall have the right to set meters or other devices for detecting and preventing fraud or waste, without notifying the customer. (6) No energy utility shall use prepayment meters except in special cases or for clearly defined special classes of service authorized by the Commission. (7) If damage results to the meter from molesting or willful neglect by the customer, the energy utility shall repair or replace the meter and it may bill the customer for the cost. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.250 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 13-1997, f. & cert. ef. 11-12-97 PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)
860-023-0015 Testing Gas and Electric Meters (1) All meters shall be tested before installation, or within 30 days thereafter. No meter will be placed in service or be allowed to remain in service which has an error in registration in excess of two percent under conditions of normal operation. These requirements may be waived by written agreement if the energy utility provides an approved random sampling technique for testing new meters. (2) New meters, repaired meters, and meters that have been removed from service shall be correct to within two percent fast or slow before being installed or reinstalled. (3) Each energy utility shall adopt schedules for periodic tests and repairs of meters. The length of time meters shall be allowed to remain in service before receiving periodic tests and repairs is to be determined from periodic analysis of the accuracy of meters tested. The schedules adopted shall be subject to the Commission’s approval. (4) Whenever any meter is tested, the energy utility shall prepare a test record, including the information needed for identifying the meter, the reason for making the test, the reading of the meter, the result of the test, and all data taken at the time of the test in sufficiently complete form to permit the convenient checking of methods employed. The energy utility shall retain the current and immediately prior test records for all meters tested. (5) Each energy utility shall, unless specifically excluded by the Commission, provide such laboratory meter-testing equipment and other equipment and facilities as needed to make the tests required of it by these rules or other orders of the Commission. The apparatus and equipment so provided shall be subject to the Commission’s approval. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.250 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 13-1997, f. & cert. ef. 11-12-97 PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)
860-023-0020 Quality of Electric Service (1) Every electric company shall adopt a set of normal standard voltages at the point of delivery for the different classes of service in its service areas. The nominal standard voltages applicable to residential and commercial customers shall be specified in the tariffs filed by the electric company. Except as may be caused by the customer’s operation of apparatus in violation of the electric company’s rules, or by conditions beyond the electric company’s control, every electric company shall maintain the adopted standard secondary voltages so the same shall not normally vary more than plus or minus 5 percent of the standard at the service entrance. (2) Each electric company shall make a sufficient number of voltage surveys to indicate the service furnished is in compliance with the standard as indicated under section (1) of this rule. (3) Each electric company shall keep a complete record of each test of voltage and service conditions, as made under these rules, and this record shall be accessible to the Commission or its authorized representatives. Each record of tests of voltage or service conditions so kept shall contain complete information concerning the test, including such items as the Commission may from time to time require. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 7-2005, f. & cert. ef. 11-30-05 PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)
860-023-0025 Purity of Gas (1) All gas supplied to customers shall contain no more than .25 of one grain of hydrogen sulfide in each 100 cubic feet; 20 grains of sulphur in each 100 cubic feet (30 grains of sulphur in 100 cubic feet may be permitted if the gas utility shall show cause for such an exception in advance or immediately upon the discovery of exceptional conditions that warrant it); five grains of ammonia in each 100 cubic feet. No gas shall contain impurities which may cause excessive corrosion of mains or piping or form corrosive or harmful fumes when burned in a properly designed and adjusted burner. (2) Tests: (a) Each utility distributing manufactured gas, or a mixture of manufactured and other gas, shall test the gas for the presence of hydrogen sulfide at least once each day. Each utility distributing natural gas shall make hydrogen sulfide tests at such intervals as needed. (b) Records of all tests shall be properly filed and shall be reported to the Commission for such periods and at such times as the Commission shall request. (3) Manufactured and mixed gas shall be tested at least once each month for the presence of total sulphur and ammonia. Approved methods of testing shall be used. Record of all tests shall be preserved as specified by the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)
860-023-0030 Change in Character of Service (1) Any change in the heating value or the characteristics of the gas service which may impair the safe, efficient use of the gas in the customer’s appliances shall not be made without the Commission’s approval and without adequate notice to the customers. In such event, the gas utility shall make any necessary adjustments to the customer’s appliances without charge and shall conduct the adjustment program with a minimum of inconvenience to the customers. (2) No changes of standard shall take effect and no expenditure shall be incurred to alter plant or equipment for the purpose of supplying gas under the proposed standard until the Commission has approved the change of standard or until 30 days after notification, data, and schedules required by this rule have been transmitted to the Commission. The provisions of this rule shall not be interpreted as forbidding expenditure for engineering services or experimental or development work needed to determine the character and cost of the proposed changes. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)
860-023-0035 Pressure Testing and Maintenance (1) Each gas utility shall make every reasonable effort needed to maintain adequate gas pressure. Each gas utility shall make such determinations and keep such records of pressures as will enable it to have at all times a substantially accurate knowledge of the pressure existing in every part of its distributing system. The pressure records shall be properly identified, dated and filed. (2) All recording pressure gauges shall be tested periodically and maintained in an accurate condition. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)
860-023-0040 Testing Equipment and Facilities (1) Each gas utility shall own and maintain or have access to all testing equipment needed to make all tests of the gas required by the Commission. The Commission may approve arrangements for the gas utility to have any part of its testing done by another utility or competent party. (2) All testing equipment shall be of an approved type, properly maintained, and subject to the Commission’s inspection and approval. All equipment shall be open to use of qualified representatives of the Commission at any time for testing the gas distributed by the utility. (3) Testing equipment shall be so located and used that the sample of gas tested shall typify the gas being distributed in the system. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.250 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)
860-023-0045 Heating Value (1) Each gas utility shall file with the Commission, as part of its schedules of rates or rules and regulations, the average total heating value of the gas and the indicated maximum expected fluctuation above and below the average total heating value which may be expected of a gas supplied by it in each district, division, or community served. (2) In maintaining the established heating value, the chemical composition, and specific gravity shall be such as to attain satisfactory combustion in the customer’s appliances at all times without repeated readjustment of the burners. (3) When supplemental or substitute gas is distributed by a utility, the gas quality shall be such that the usage performance will be satisfactory, regardless of the heating value of the gas. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)
860-023-0050 Heating Value Tests — Records and Reports (1) Each gas utility shall test the heating value of manufactured or mixed gas being furnished to the distribution system at least once a day except Sundays and holidays. Original test data shall be recorded on the gas utility’s standard forms and preserved for at least three years. (2) Each gas utility supplying natural gas shall make sufficient tests, or have access to such tests made by its suppliers, to maintain the established heating value. (3) These tests shall be made at a location, or locations, which will ensure a representative sampling of gas being sent out to the distribution systems. A monthly summary shall be made from these tests. (4) The variation permitted from the established total heating value shall not exceed an amount consistent with normal satisfactory appliance operation. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 9-1998, f. & cert. ef. 4-28-98 PUC 164, f. 4-18-74, ef. 5-11-74 (Order 74-307)
860-023-0084 General Provisions and Applicability of Electric Service Reliability Rules (1) Unless otherwise noted, OAR 860-023-0081 through 860-023-0161 apply to every electric company, effective beginning January 1, 2012. (2) A person may apply for waiver of any provision of the Electric Service Reliability Rules. The Commission may grant a waiver upon showing of good cause. (3) An electric company must comply with IEEE 1366 in the collecting and analyzing of interruption data and in the calculation and reporting of reliability indices as required by Electric Service Reliability Rules. If there is a conflict between any provision in IEEE 1366 and the Electric Service Reliability Rules, OAR 860-023-0081 through 860-023-0161 govern. (4) An electric company must include both “distribution system” interruptions and “interruptions caused by events outside of the distribution system” as defined in IEEE 1366 in the electric company’s record keeping, calculations, reporting, and filing as required by OAR 860-023-0081 through 860-023-0161, effective beginning January 1, 2012. [Publications: Publications referenced in this rule are available for review at the agency.] Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 757.020 History: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12
860-023-0091 Electric Service Continuity (1) An electric company must use reasonable means in design, operation, and maintenance to ensure reliable service to each customer. Such means include, but are not limited to, programs to minimize service interruptions. (2) An electric company must have documented programs to maintain appropriate reliability levels. (3) When an interruption occurs, each electric company must reestablish service with the shortest possible delay consistent with the safety of its employees, customers, and the public. (4) An electric company must have recordkeeping systems in place to determine, and track interruptions, facilitate interruption restoration, and collect and analyze interruption data. (5) This rule is effective beginning January 1, 2012. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 757.020 History: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12