justicedao/ipfs_state_laws huggingface dataset:
860-085-0750 Utility Incentives for Applicable Projects (1) The Commission may grant incentive payments for an Emission Reduction Project. (2) The total costs to ratepayers of all incentives received by the utility may not exceed 25 percent of the project cap specified in 860-085-0700; (3) The Commission may structure incentives such that the amounts allowed: (a) Are linked to the amount of emissions reduced; or (b) Vary depending on whether a Project is recovered as an expense or an investment placed in rate base. (4) The Commission may discontinue or reduce the incentives to be paid to the utility if a Project is out of compliance with any requirements of the Commission’s approval order. Statutory/Other Authority: ORS Ch. 183, 756 & 757 Statutes/Other Implemented: ORS 757.539 History: PUC 8-2014, f. & cert. ef. 12-3-14
860-086-0000 Scope and Applicability of Customer Information Rules (1) OAR 860-086-0020 through 860-086-0040 govern the transfer and use of utility customer information between investor-owned electric or natural gas companies that pay public purposes charges and a nongovernmental entity, referred to in these rules as the “Administrator,” designated by the Commission under ORS 757.612(3)(d). (2) Upon request or its own motion, the Commission may waive any of the Division 086 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 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2012, f. & cert. ef. 8-24-12
860-086-0010 Definitions For the purposes of OAR 860-086-0000 through 860-086-0040, (1) “Administrator” means the nongovernmental entity the Commission has designated under ORS 757.612(3)(d). (2) “Affiliate” means a corporation or person who has an affiliated interest, as defined in ORS 757.015, with a public utility. (3) “Aggregator” means an entity that combines retail electricity customers into a buying group for the purchase of electricity and related services. (4) “Electric company” means an entity that is subject to ORS 757.612 and is engaged in the business of distributing electricity to retail electricity consumers in this state. Electric company does not include a consumer-owned utility. (5) “Electricity service supplier” or “ESS” means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. “Electricity service supplier” does not include an electric utility selling electricity to retail electricity consumers in its own service territory. An ESS can also be an aggregator. (6) “Proprietary customer information” means any information acquired, compiled, or created by an electric or natural gas utility regarding a customer in the normal course of providing electric or natural gas services that makes possible the identification of any individual customer by matching the information with the customer’s name, address, account number, type or classification of service, current or historical electricity or natural gas usage, expected patterns of use, types of facilities used in providing service, individual contract terms and conditions, price, current charges, billing records, installed appliances or equipment if any, or any other information that the customer has expressly requested not be disclosed. Information that is redacted or organized in such a way as to make it impossible to identify the customer to whom the information relates does not constitute proprietary customer information. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2012, f. & cert. ef. 8-24-12
860-086-0020 Electric Company Customer Information An electric company must file and maintain a tariff with the Commission that specifies the types of proprietary customer information, along with the prices, terms, conditions, and consent procedures associated with the transfer of such information to its competitive operations, electricity service suppliers, affiliates and aggregators. The provisions of this rule do not apply to information transferred under OAR 860-086-0030 or 860-086-0040. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2012, f. & cert. ef. 8-24-12
860-087-0001 Scope and Applicability of Rules (1) The rules in this division prescribe the application and reporting requirements for electric company activities that support transportation electrification (TE) as required by ORS 757.357. (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 756.040, ORS 756.060 & ORS 757.357 Statutes/Other Implemented: OL 2016, ch. 028, sect. 20 & 29 (SB 1547) & OL 2021, ch. 095, sect. 4 (HB 2165), History: PUC 7-2022, amend filed 09/29/2022, effective 09/29/2022 PUC 6-2016, f. & cert. ef. 11-22-16
860-087-0010 Definitions For the purpose of this division: (1) “Electric company” means an electric company as defined in ORS 757.600. (2) “Transportation Electrification Program” means a program proposed as defined in Oregon Laws 2021, chapter 95 Section 4. (3) "Infrastructure measures" means infrastructure measures as defined in Oregon Laws 2021, chapter 95 Section 4. (4) "Monthly Meter Charge" means the funds collected by an electric company to support and integrate transportation electrification under Oregon Laws 2021, chapter 95 Section 2. (5) "Underserved communities" means underserved communities as defined in Oregon Laws 2021, chapter 95 Section 2. (6) "Transportation Electrification Budget" means all the planned expenditures on and sources of projected revenue that support transportation electrification in the first three years of the TE Plan. (7) "Public charging infrastructure" means charging infrastructure intended for public use. (8) "Private charging infrastructure" means charging infrastructure not intended for public use. (9) "Transportation Electrification Plan" means the description and analysis of all activities an electric company takes to support transportation electrification and the funding of the TE Budget. Statutory/Other Authority: ORS 756.040, ORS 756.060, OL 2016 ch. 028 sect. 20 (SB 1547), OL 2021, ch. 095, sect. 2 (HB 2165) & ORS 757.357 Statutes/Other Implemented: OL 2016 ch. 028 sect. 20 (SB 1547) & OL 2021, ch. 095, sect. 2 (HB 2165) History: PUC 7-2022, amend filed 09/29/2022, effective 09/29/2022 PUC 6-2016, f. & cert. ef. 11-22-16
860-087-0030 Transportation Electrification Plan Report An electric company must file an application with the Commission for each program to accelerate transportation electrification. (1) Electric companies must file a TE Plan Report (Report) on or before May 1 of each year. The Commission reserves discretion to take any action on the Report, but Commission action is not required. The Report must include: (a) All spending in the three-year period of the applicable TE Plan in the format of the approved TE Budget; (b) All sources of funding for the TE Plan in the three-year period of the applicable TE Plan; (c) An evaluation of each program or infrastructure measure in the company's portfolio of existing programs, conducted in accordance with third-party evaluation timelines as necessary; (d) A discussion of how the TE Plan met the performance area categories described in OAR 860-087-0020(3)(c)(A)-(H) and key lessons learned. This discussion shall include, as appropriate, performance metrics consistent with performance areas that are developed with stakeholder and electric company input; (e) A benefit-cost analysis of the TE Plan over the three-year period of the applicable TE Plan in the form of "cost tests;" (f) Analysis of the estimated ratepayer impact of the TE Plan over the three-year period of the applicable TE Plan; and (g) Analysis of how TE Plan has impacted innovation, competition and customer choice in Oregon. (2) The Commission may request additional TE Plan updates at any time to assess whether to continue, discontinue, or modify approved programs and infrastructure measures. Statutory/Other Authority: ORS 756.040, ORS 756.060, OL 2016, ch. 028, sect. 20 & 29 (SB 1547), ORS 757.357 & OL 2021, ch. 095, sect. 4 (HB 2165) Statutes/Other Implemented: OL 2016, ch. 028, sect. 20 & 29 (SB 1547) & OL 2021, ch. 095, sect. 4 (HB 2165) History: PUC 7-2022, amend filed 09/29/2022, effective 09/29/2022 PUC 6-2016, f. & cert. ef. 11-22-16
860-088-0005 Scope and Applicability of Community Solar Program Rules (1) OAR 860-088-0005 through 860-088-0190 establish rules governing implementation of a community solar program under Oregon Laws 2016, chapter 28, section 22. (2) Upon request or its own motion, the Commission may waive any of the Division 088 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. 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
860-088-0010 Definitions For purposes of this Division: (1) “Community Solar Program” is the program for the procurement of electricity by electric companies from community solar projects. (2) “Low-Income Facilitator” is the entity responsible for the duties set forth in OAR 860-088-0030. (3) “Electric company” has the meaning given that term in ORS 757.600. (4) “Low-income residential customer” means a retail residential customer of an electric company whose annual income is at or below the threshold set by Commission order for the Community Solar Program. (5) “Nameplate capacity” means the maximum rated output of a solar photovoltaic energy system, measured by the rated output of system inverter(s) at 50 degrees Celsius and adjusted for any transformer step-up losses. (6) “Owner” means a retail customer of an electric company who has an ownership interest in a project, such as direct ownership of one or more solar panels or shared ownership of the infrastructure of the project. Owner is defined at the site address level. (7) “Participant” means either a subscriber or owner. (8) “Program Administrator” means a third-party directed by the Commission to administer the Community Solar Program. (9) “Program Implementation Manual” means the set of guidelines and requirements for implementing the Community Solar Program adopted by the Commission. (10) “Project” means a community solar project as defined in Oregon Laws 2016, chapter 28, section 22(1)(a). (11) “Project Manager” has the meaning given that term in Oregon Laws 2016, chapter 28, section 22(1)(d). (12) “Retail customer” means a customer who is a direct customer of the electric company and is the end user of electricity for specific purposes, such as heating, lighting, or operating equipment. (13) “Service territory” means the geographic area within which an electric company provides electricity to retail customers. (14) “Solar photovoltaic energy system” has the meaning given that term in Oregon Laws 2016, chapter 28, section 22(1)(e). (15) “Subscriber” means a retail customer of an electric company who enters into a contractual agreement of 10 or more years for part of a project that results in bill credits being applied to that customer’s electricity bill. Subscriber is defined at the site address level. 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
860-088-0020 Program Administrator (1) The Commission will use a competitive bidding process to select a Program Administrator to administer the Community Solar Program. (2) The duties of the Program Administrator include: (a) Developing jointly with Commission Staff a Program Implementation Manual; (b) Developing a budget and reporting actual expenditures and carryover to the Commission; (c) Managing the performance of the Low-Income Facilitator and coordinating with the Low-Income Facilitator to meet any low-income capacity requirements; (d) Registering Project Managers; (e) Reviewing applications for project pre-certification and certification; (f) Confirming participant eligibility in the Community Solar Program; (g) Facilitating the exchange of customer electricity account information between electric companies and Project Managers; (h) Establishing and maintaining a publicly-available queue of pre-certified projects in a manner that protects commercially sensitive or competitive information; (i) Coordinating participants’ monthly bill crediting and conveying bill credit information to electric companies and Project Managers; (j) Providing to electric companies participant ownership or subscription payment information obtained from Project Managers; (k) Receiving from electric companies monies collected from participants, allocating monies, and maintaining monthly reports of receipts and allocations to submit to the Commission upon request; (l) Monitoring Project Managers’ compliance with the standard of conduct set forth in the Program Implementation Manual and notifying the Commission of any compliance deficiency; (m) Facilitating data exchange among electric companies, Project Managers, and the Commission; (n) Managing data related to the Community Solar Program as set forth in the Program Implementation Manual, including implementing best practices for data security and privacy; and (o) Performing other duties assigned by the Commission or set forth in the Program Implementation Manual. 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
860-088-0030 Low-Income Facilitator (1) The Commission will use a competitive bidding process to select a Low-Income Facilitator. The Commission may allow the Program Administrator to fulfill the duties of this position or subcontract for this position. (2) The Low-Income Facilitator reports to the Program Administrator. The duties of the Low-Income Facilitator include: (a) Serving as a liaison among low-income residential customers and affiliated organizations and Project Managers to help meet any low-income capacity requirements; (b) Developing guidelines, protocols, and materials for engaging low-income residential customers and affiliated organizations; (c) Upon request, providing information to assist the Commission’s policy development related to low-income capacity requirements; (d) Implementing best practices for data security and privacy; and (e) Other duties assigned by the Program Administrator, the Commission, or set forth in the Program Implementation Manual. 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
860-088-0040 Project Pre-Certification (1) The Project Manager must submit an application for project pre-certification to the Program Administrator. (2) An application for pre-certification must include: (a) Documentation of Project Manager registration; (b) A detailed description of the project including location, nameplate capacity, performance characteristics, and plan for project end of useful life; (c) Permitting requirements and status of compliance; (d) All documentation relevant to the interconnection process as provided in OAR chapter 860, division 82; (e) Participant acquisition approach; (f) Proposed marketing materials; (g) Proposed forms and standard contracts for ownership interests and subscriptions; (h) Plan for meeting applicable low-income capacity requirements; (i) Payment of any applicable application fees; and (j) Other information or documentation as set forth in the Program Implementation Manual. (3) The Program Administrator reviews applications for pre-certification in the order received to determine compliance with applicable requirements. The Program Administrator must notify the Project Manager of any deficiencies and allow reasonable time for remedy. (4) Once a project is pre-certified, the Project Manager may execute contracts with participants for ownership or subscription interests. (5) A project remains pre-certified for a period of 18 months, unless granted an extension. If not certified within this period, the project forfeits its place in the queue of pre-certified projects. The Project Manager must submit a new application for pre-certification to be considered for participation in the Community Solar Program. (6) The Project Manager must seek approval of any modification to a pre certified project relating to project elements set forth in the Program Implementation Manual. An amendment will not extend the 18-month period. The Program Implementation Manual will prescribe the form and manner of amendment submission and approval. Statutory/Other Authority: OL 2016, ch. 28, sec. 22 Statutes/Other Implemented: OL 2016, ch. 28, sec. 22 History: PUC 6-2024, amend filed 10/30/2024, effective 10/30/2024 PUC 6-2017, f & cert. ef. 6-30-17
860-088-0050 Project Certification (1) The Project Manager of a pre-certified project must submit an application for project certification to the Program Administrator. (2) The Commission will certify a project that demonstrates: (a) Ownership of, or subscription to, at least 50 percent of the project nameplate capacity; (b) Ownership or subscription by at least five different participants; (c) Compliance with applicable low-income capacity requirements; (d) Commission approval of modification to pre-certified project as required in OAR 860 088-0040(6), if applicable; and (e) Satisfaction of any other condition identified by the Commission at the time of pre certification. (3) The Program Administrator reviews applications for certification in the order received for compliance with applicable requirements and presents applications to the Commission for certification. The Program Administrator must notify the Project Manager of any deficiencies and allow reasonable time for remedy. 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
860-088-0060 Program Capacity Restrictions (1) “Program capacity tier” means the amount of total program capacity eligible for projects participating in an electric company’s service territory. (2) The initial program capacity tier for each electric company is equal to 2.5 percent of the electric company’s 2016 system peak. (3) The Commission may establish successive program capacity tiers. (a) In determining whether to set a successive tier, the Commission may consider all aspects of the Community Solar Program. (b) A successive program capacity tier may not be established until any low-income capacity requirements are successfully energized and the corresponding projects are serving qualifying participants. (4) Once a project is pre-certified, the nameplate capacity of the project is counted towards the program capacity tier of the electric company in whose service territory the project is located. The nameplate capacity of the project will be removed from the electric company’s program capacity tier in the event that the Project Manager notifies the Program Administrator that the project will be removed from the Community Solar Program or the project is otherwise not certified within the time period allowed in OAR 860-088-0040(5). (5) A project may not be pre-certified if the addition of the project will exceed the electric company’s current program capacity tier. The Program Administrator will create a queue of applications for pre-certification received after the program capacity tier has been met. If a successive program capacity tier is established, applications in the queue will be processed in the order received. 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
860-088-0070 Project Siting and Requirements (1) To participate in the Community Solar Program, a project must: (a) Be located within the Oregon service territory of an electric company; and (b) Have a nameplate capacity of three megawatts or less. (2) “Co-location” means two or more projects that exhibit characteristics of a single development, such as common ownership structure, an umbrella sale arrangement, revenue-sharing arrangements, or common debt or equity financing. Projects are not considered co located solely because the same person provides tax equity financing for the projects. Co location of projects is not permitted within a five-mile radius unless: (a) The aggregate nameplate capacity of the co-located projects is three megawatts or less; or (b) The co-located projects are all sited within a single municipality or urban area as defined in the Program Implementation Manual. (3) Multiple solar photovoltaic energy systems that are aggregated into one project must all be located within a single electric company’s service territory. 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
860-088-0080 Customer and Low-Income Capacity Requirements (1) At least 50 percent of the nameplate capacity of each project must be allocated exclusively for ownership or subscription by residential and small commercial customers. This is inclusive of the low-income capacity requirement in section (2) of this rule. (2) At least 10 percent of the total generating capacity of the Community Solar Program must be allocated exclusively for use by low-income residential customers. The respective bill credits associated with this allocation must be linked to discrete low-income residential customers. (3) A Project Manager must submit a plan with the application for project pre-certification describing how the project will satisfy applicable low-income capacity requirements and outline how the Project Manager will work with the Low-Income Facilitator on outreach efforts. (4) The Commission may establish by order a funding mechanism to facilitate participation of low-income residential customers. 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
860-088-0090 Participant Eligibility and Limitations (1) Subject to the conditions in this rule, a retail electricity customer of an electric company may acquire an ownership interest in, or subscribe to, one or more projects that are located in the service territory of the electric company serving the retail electricity customer. (2) A participant’s ownership interest in, or subscription to, a project may not exceed the retail electricity customer’s average annual consumption of electricity in the service territory in which the project is located. (3) A single participant’s ownership interest in, or subscription to, a project may not exceed a 40 percent interest in the project. (4) With respect to projects certified during the initial program capacity tiers: (a) A participant, and its affiliates as defined in the Program Implementation Manual, may own or subscribe up to a total of four megawatts across multiple projects; and (b) A participant may own or subscribe up to a total of two megawatts across multiple projects. (5) For any successive program capacity tier established by the Commission, participation limitations will be set forth in the order adopting the successive tier. 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