justicedao/ipfs_state_laws huggingface dataset:
860-036-2110 Application to Terminate, Abandon, or Dispose of a Water System (1) All water utilities must obtain Commission approval to terminate, abandon, or dispose of a water system. The water utility must file an application using the form available at http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx. (2) Within seven calendar days from the date the application, the water utility must provide customers and the Consumer Services Section with a separate, written notice. In addition, the notice must be posted in the utility's office and on its website, if available. The notice must: (a) Include the information required by OAR 860-036-1100(2); (b) State what action the water utility is requesting in bold letters at the top of the notice; (c) State the reason for the termination, abandonment, or disposal; (d) State the proposed effective date; (e) Describe the customers’ alternative water service options and average estimated customer cost for each option; and (f) Provide the Consumer Services Section's contact information provided in OAR 860-001-0020(2). (3) The notice must be delivered in person to the customer or an adult at the premises or sent by the US Mail to the customer’s billing address and designated representative. (a) If notice is served by personal delivery to the premises, the water utility must attempt personal contact with the customer or an adult resident at the premises. If personal contact cannot be made, the water utility must leave the notice in a conspicuous place at the premises and mail a copy of the notice to the customer's last known mailing address and the customer’s designated representative; or (b) If notice is served upon the customers by US Mail, the notice must be mailed to the customer's last known address. The notice is considered served as defined in OAR 860-036-1010. (4) If the water utility's records show that the billing address is different from the service address or that the premises is a master-metered multi-unit dwelling, the notice may be addressed to "Tenant." The envelope must bear bold language stating, "IMPORTANT NOTICE REGARDING WATER UTILITY SERVICE." Statutory/Other Authority: ORS Ch. 183 & 756 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2120 Application to Dispose of or Acquire Property (1) Water utilities must obtain Commission approval to sell, lease, assign, or otherwise dispose of the whole of the property of such necessary or useful in performance of its duties, or any part thereof with a value in excess of $10,000. (2) Rate-regulated water utilities must obtain Commission approval to directly or indirectly purchase or acquire of any stocks, bonds, or utility property of any other public utility valued in excess of $10,000. (3) A water utility or the other party to these transactions must request authorization using the application form available at http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx. (4) No less than 60 calendar days prior to the closing date of the transaction, the water utility must provide a separate written notice to customers with a copy to the Consumer Services Section. In addition, the notice must be posted in the utility's office and on its website, if available. The notice must include: (a) The information required by OAR 860-036-1100(2); (b) The purpose of notice; (c) The proposed closing date of the transaction; (d) The proposed effective date of sale (minimum of 60-calendar days); (e) The name, address, and telephone number of the potential buyer; (f) The reasons for sale; (g) How the sale will affect customers; and (h) The statement, “The property transaction being proposed by the water utility is under review by the Public Utility Commission of Oregon. For more information about the filing or to follow the regulatory process of the Commission’s review check the Commission’s website at www.puc.state.or.us or contact the Consumer Services Section at 503-378-6600; 1-800-522-2404; or TTY 711.” Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.480 & 757.485 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2130 Acquisition Adjustment (1) When seeking to acquire all or part of a water utility, the applicant may request that some or all of the difference between the net book value and the purchase price be included in the purchasing utility's rate base. (2) The Commission will consider the merits of the utility’s application based on the benefit to the customers being acquired and the public interest on a case-by-case basis. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.105, 757.120, 757.125 & 757.135 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2140 Filing for Approval of a Special Contract A rate-regulated water utility may file a special contract tariff to establish a rate, service, or practice that is not covered by or permitted in the water utility's general tariffs, schedules, or rules. A special contract tariff must include: (1) The date; (2) The information required by OAR 860-036-1100(2); (3) A copy of the special contract; (4) A statement summarizing the basis of the terms of the contract and an explanation of the deviation from the tariffs on file; (5) An explanation of all cost computations involved; (6) A statement indicating the basis for use of a special contract rather than a filed tariff for the specific service involved; and (7) Documentation necessary to show that the terms are fair, just, and reasonable to the remaining customers. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.020 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2150 Application for Authority to Issue Stocks, Bonds, Notes, or Other Securities An application by a rate-regulated water utility to issue securities under ORS 757.405 to 757.435 inclusive, 757.445, and 757.450, must comply with rules set forth in OAR 860-027-0030 governing energy and telecommunication utilities. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 756.105, 757.405 - 757.450 & 757.495 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2160 Application for Authority to Guarantee Indebtedness An application by a rate-regulated water utility to assume any obligation or liability as guarantor, endorser, surety or otherwise must comply with rules set forth in OAR 860 027-0035 governing energy and telecommunication utilities. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.440 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2170 Use of Deferred Accounting An application by a rate-regulated water utility to defer amounts under ORS 757.259 must comply with rules set forth in OAR 860-027-0300 governing energy and telecommunication utilities. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 756.105 & 757.259 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2200 Affiliated Interest Definitions As used in rules OAR 860-036-2200 through OAR 860-036-2230: (1) "Affiliate" means a corporation or person who has an affiliated interest, as defined in ORS 757.015, with a water utility; (2) "Affiliate transaction" means a transfer of assets, a sale of supplies, or a sale of services between accounts for regulated activities of a water utility and accounts for nonregulated activities of a separate entity that is either an affiliated interest or another company in which the water utility owns a controlling interest. The term also means a transfer of assets, a sale of supplies, or a sale of services between accounts for the regulated and nonregulated activities of a single water utility; (3) "Asset" means any tangible or intangible property of a water utility or other right, entitlement, business opportunity, or other thing of value to which a water utility holds claim that is recorded or should be recorded as a capital expenditure in the water utility's financial statements. All water utility tangible or intangible property, rights, entitlements, business opportunities and things of value should be considered assets, services, or supplies; (4) "Cost" means fully distributed cost, including the water utility's authorized rate of return and all overheads; (5) "Fair market value" means the potential sales price that could be obtained by selling an asset in an arm's-length transaction to a nonaffiliated entity, as determined by commonly accepted valuation principles; (6) "Market rate" means the lowest price that is available from nonaffiliated suppliers for comparable services or supplies; (7) "Net book value" means original cost less accumulated depreciation; (8) "Nonregulated activity" means an activity that is not a regulated activity of the water utility; (9) "Regulated activity" means a Commission regulated activity that is provided by a water utility directly or indirectly relating to the general operations of the water utility such as production, transmission, delivery, or provision of water; (10) "Services" means labor-related activities including, but not limited to advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, and legal. All water utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered assets, services, or supplies; and (11) "Supplies" means any tangible or intangible property of a water utility or other thing of value that a water utility holds claim that is recorded or should be recorded as an operating expense in the water utility's financial statements. All water utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered assets, services, or supplies. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.015 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2210 Applications to Receive or Provide Goods or Services with an Affiliated Interest (1) A rate-regulated water utility must seek Commission approval to contract to provide or receive services, directly or indirectly, with an affiliated interest using the form available at: http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx. (2) An application must be filed no later than 90-calendar days after the execution of the contract giving rise to the application. The contract is deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier. (3) A water utility's failure to submit this required information does not limit the Commission's authority to recognize or impute revenues to the water utility pursuant to such contract in any rate valuation, hearing, or proceeding. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.015 & 757.495 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2220 Application for Waiver of Requirements under OAR 860-036-2210 The Commission will not waive the requirements of OAR 860-036-2210 for any rate-regulated water utility transactions exceeding 0.1 percent of the previous calendar year’s Oregon utility operating revenues unless the transaction can be demonstrated in advance to be fair and reasonable and not contrary to the public interest. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.040, 757.015 & 757.495 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2230 Allocation of Costs (1) For purposes of this rule, regulated and nonregulated activities of a water utility must be accounted for using the Uniform System of Accounts for Water Utilities published by the National Association of Regulatory Utility Commissioners as modified by the Commission. (2) When a water utility is conducting an affiliate interest transaction, as defined in this rule, the water utility must use the following cost allocation methods: (a) When an asset is transferred to a water utility from an affiliate, the transfer must be recorded in the water utility's accounts at the lower of net book value or fair market value; (b) When an asset is transferred from a water utility to an affiliate, the transfer must be recorded in the water utility's accounts at the tariff rate if an appropriate tariff is on file with the Commission. If no tariff is applicable, proceeds from the transfer must be recorded in the water utility's accounts at the higher of net book value or fair market value; (c) When an asset is transferred from a water utility to an affiliate at a fair market value that is greater than net book value, the difference is considered a gain to the water utility. The water utility must record the gain so the Commission can determine the proper disposition of the gain in a subsequent rate proceeding; (d) When services or supplies are sold by a water utility to an affiliate, sales must be recorded in the water utility's accounts at rates per the tariff, if an applicable tariff is on file with the Commission. Rates per the tariff must be established whenever possible. If services or supplies are not sold per a tariff, sales must be recorded in the water utility's accounts at the water utility's cost or the market rate, whichever is higher; (e) When services or supplies are sold to a water utility by an affiliate, sales must be recorded in the water utility's accounts at the affiliate's cost or the market rate, whichever is lower. The affiliate's cost must be calculated using the water utility's most recently authorized rate of return; and (f) Income taxes must be calculated for the water utility on a standalone basis for both ratemaking purposes and regulatory reporting. When income taxes are determined on a consolidated basis, the water utility must record income tax expense as if it were determined for the water utility separately for all time periods. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.490 & 757.495 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2300 Relating to City Charges, Taxes, and Other Exactions (1) A rate-regulated water utility may recover the aggregate amount of all business or occupation taxes, licenses, franchise or operating permit charges, or other similar exactions imposed by any city in Oregon for engaging in business or for use and occupancy of city streets and public ways. (2) The water utility may recover these amounts up to 3.5 percent of the water utility’s gross revenue as operating expenses from all water utility customers. The utility may collect any remaining amounts in excess of 3.5 percent of its gross revenues on a pro rata basis to customers within the applicable city if separately stated on the regular billings to the customers. "Gross revenues" means revenues received from water utility operations within the city less related net uncollectibles, but do not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, sales at wholesale by one utility to another when the water utility purchasing the service is not the ultimate customer. (3) To calculate the amounts to be recovered under this rule, the water utility may not include: (a) Permit or similar charges for street opening, installations, construction, and the like if the charges are reasonably related to the city's costs for inspection, supervision, and regulation in exercising its police powers; or (b) The value of any water utility service or use of facilities provided on or before November 6, 1967, to a city without charge. These services may be continued within the same category or type of use. (4) This rule does not affect franchises granted by a city on or before November 6, 1967. Payments made or value of service rendered by a water utility must be collected from all customers. (a) When a franchise agreement existing on November 6, 1967, specifies a different compensation percentage than set forth in section (2), the compensation continues to be treated by the affected water utility as an operating expense during the balance of the term of such franchise. (b) If a city unilaterally imposes or increases any tax, charge, or other exaction specified in section (2) of this rule during the unexpired term of a franchise existing on November 6, 1967, for use and occupancy of streets and public ways, the water utility must charge the additional amounts on a pro rata basis to local users. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2310 Relating to Local Government Charges, Taxes, and Other Assessments (1) A rate-regulated water utility must collect from customers located within a county or portion thereof, the following amounts imposed by a county in Oregon, other than a city-county: (a) Any license, franchise, or operating permit fee applicable to the county or portion thereof; and (b) Any new or increased taxes imposed on and after December 16, 1971, including new or increased taxes imposed retroactively after that date, applicable to the county or portion thereof. (2) "Taxes," as used in this rule, means sales, use, net income, gross receipts, payroll, business or occupation taxes, levies, charges, or charges other than ad valorem taxes. (3) The amount collected from water utility customer under this rule must be separately stated and identified in all customer billings. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2350 Annual Report of Results of Operations (1) By May 1 of each year, all rate-regulated water utilities must submit a financial Annual Report of Results of Operations for the preceding calendar year using the current form approved by the Commission. The annual report form is available at http://www.puc.state.or.us/Pages/Information-for-Water-Utility-Companies.aspx. (2) The report must be filed electronically with the Commission's Filing Center at puc.filingcenter@state.or.us. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 756.105, 757.120, 757.125 & 757.135 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2360 Annual Affiliated Interest Report (1) By June 1 of each year, all rate-regulated water utilities having an affiliated interest transaction occurring during the period from January 1 through December 31 of the immediately preceding year must file an Affiliated Interest Report using the form available at http://www.puc.state.or.us/Pages/Information-for-Water-Utility-Companies.aspx. (2) As used in this rule, "affiliated interest transactions" means transactions between affiliated interests as defined by ORS 757.015. (3) The report must be filed electronically with the Commission's Filing Center at puc.filingcenter@state.or.us. Statutory/Other Authority: ORS Ch. 183, 756 & 757 Statutes/Other Implemented: ORS 756.105 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2370 Uniform System of Accounts All rate-regulated water utilities must conform to the Commission’s Uniform System of Accounts for water utilities for ratemaking purposes. The Commission’s Uniform System of Accounts is a modified version of the National Association of Regulatory Utility Commissioners’ published Uniform System of Accounts for Class A, B, and C Water Utilities, 1996. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.105, 757.120, 757.125 & 757.135 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2380 Accounting for Contributions in Aid of Construction (CIAC) (1) This rule applies to rate-regulated water utilities. (2) CIAC is any money, services or property received by a water utility to fund capital investments at no cost to the company and with no obligation to repay. (3) Each water utility must provide an accounting of CIAC upon Commission request. CIAC accounting must include contributions in any form including contributed utility plant. CIAC record keeping must identify the contributed plant, original date of installation, and original cost. (4) Each water utility must keep a record as described in section (3) of this rule and record CIAC on a separate plant and depreciation schedule. (5) The water utility will record plant assets at market value and an amount of CIAC equal to that value which will be an increase in equity of the utility. The net effect of these balance sheet accounts will be zero, and both sides must be considered in the ratemaking process. (6) CIAC related assets will be depreciated in the same method as purchased assets, and an amount equal to the depreciation expense will be taken as amortization of CIAC. Both the depreciation expense (debit) and the amortization expense (credit) will be coded to the depreciation expense on the income statement. This will result in an expense that nets to zero and has no effect on ratemaking. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.120, 757.125 & 757.135 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2390 Accounting for Construction Work in Progress (CWIP) (1) This rule applies to rate-regulated water utilities. (2) CWIP is an accounting treatment for capital improvement projects under construction, but not yet placed in service. The treatment allows rate-regulated water utilities to place recoverable capital improvements costs into plant. The Commission may approve the cost of a specific capital improvement project into rates if: (a) The capital improvement project is under construction; (b) The water utility uses the additional revenues solely for the purpose of completing the capital improvement project; (c) The water utility demonstrates that it is in the public interest to provide funding for the capital improvement through rates; and (d) The costs are approved by the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.120 & 757.355 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-2410 Preservation and Destruction of Records All rate-regulated water utilities must conform to the Commission’s Preservation of Records for Water Utilities available at https://www.oregon.gov/puc/forms/Forms%20and%20Reports/Preservation-of-Records-FM766.pdf. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.125 History: PUC 11-2021, minor correction filed 12/07/2021, effective 12/07/2021 PUC 1-2017, f. & cert. ef. 1-24-17
860-037-0001 Scope and Applicability of Rules (1) Upon request or its own motion, the Commission may waive any of the Division 037 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. (2) The rules contained in this division are applicable to wastewater service provided by public wastewater utilities, as defined in OAR 860-037-0010(28) and (36), providing service in the State of Oregon. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 5-2004, f. & cert. ef. 1-29-04 PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00
860-037-0005 Applicability and Formal Requirements All applications or petitions filed under the rules contained in this division must also comply with all other applicable Commission rules. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.005 & 757.061 History: PUC 6-2000, f. 4-18-00, cert. ef. 4-20-00 PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00