justicedao/ipfs_state_laws huggingface dataset:
330-007-0200 Statement of Purpose and Statutory Authority (1) Purpose. These rules control the Oregon Department of Energy's acquisition of information about a subject individual's criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual (SI) is fit to provide services to the Department as an employee, contractor or volunteer. (2) Criminal records check are conducted in accordance with OAR 125-007-0200 through 125-007-0330. Statutory/Other Authority: ORS 181A.195 & 469.055 Statutes/Other Implemented: ORS 181A.195 & 469.055 History: DOE 3-2017, f. & cert. ef. 5-8-17 DOE 5-2007, f. & cert. ef. 12-13-07
330-007-0210 Definitions For the purposes of this division, the following definitions apply: (1) "Authorized Designee" means a Department employee authorized to obtain and review criminal offender information and other criminal records information about a subject individual through criminal records checks and other means, and to conduct a fitness determination in accordance with these rules. (2) "Contact Person" means a person who is authorized by the Department to receive and process criminal records check request forms signed by an SI and is authorized to receive other criminal records information. The contact person makes preliminary fitness determinations under the authority of the Department only if there is no indication of potentially disqualifying crimes. (3) "Department" means the Oregon Department of Energy or any subdivision thereof. (4) "Family Member" means a spouse, domestic partner, natural parent, foster parent, adoptive parent, stepparent, child, foster child, adopted child, stepchild, sibling, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first cousin. (5) "Subject Individual" (SI) means a person identified in ORS 469.055. (6) See OAR 125-007-0210 for additional definitions. Statutory/Other Authority: ORS 181A.195 & 469.055 Statutes/Other Implemented: ORS 181A.195 & 469.055 History: DOE 3-2017, f. & cert. ef. 5-8-17 DOE 5-2007, f. & cert. ef. 12-13-07
330-007-0240 Preliminary Fitness Determination (1) An authorized designee or contact person may conduct a preliminary fitness determination if the Department is interested in hiring or appointing an SI on a preliminary basis, pending a final fitness determination. (2) If an authorized designee elects to make a preliminary fitness determination about an SI, pending a final fitness determination, the authorized designee or contact person must make that preliminary fitness determination in accordance with OAR 125-007-0250. (3) The authorized designee or contact person must approve an SI as fit, on a preliminary basis, if the authorized designee or contact person has no reason to believe the SI has made a false statement and the information available to the authorized designee or contact person does not identify the SI has any potentially disqualifying crimes in accordance with OAR 125-007-0270. (4) If the information available to the authorized designee discloses one or more of the circumstances identified in section (3), the authorized designee may approve an SI on a preliminary basis, if the authorized designee concludes, after evaluating all available information, hiring or appointing the SI on a preliminary basis does not pose a risk of harm to the Department, its client entities, the State, or members of the public. (5) If an SI is either approved or denied on the basis of a preliminary fitness determination, an authorized designee must conduct a fitness determination under OAR 125-007-0260. (6) An SI may not appeal a preliminary fitness determination. Statutory/Other Authority: ORS 181A.195 & 469.055 Statutes/Other Implemented: ORS 181A.195 & 469.055 History: DOE 3-2017, f. & cert. ef. 5-8-17 DOE 5-2007, f. & cert. ef. 12-13-07
330-007-0330 Fees (1) The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee must not exceed the fee(s) charged the Department by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual. (2) The Department may charge the fee to the subject individual on whom criminal offender information is sought, or, if the subject individual is an employee of a Department contractor and is undergoing a fitness determination in that capacity, the Department may charge the fee to the subject individual's employer. (3) The Department must not charge a fee if the subject individual is a Department employee, a Department volunteer, or an applicant for employment or a volunteer position with the Department. Statutory/Other Authority: ORS 181A.195 & 469.055 Statutes/Other Implemented: ORS 181A.195 & 469.055 History: DOE 3-2017, f. & cert. ef. 5-8-17 DOE 5-2007, f. & cert. ef. 12-13-07
330-010-0005 Purpose The purpose of these rules is to establish standards and procedures for determining whether information submitted to the Department of Energy shall be entitled to confidential treatment. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 2-1979, f. & ef. 3-20-79 DOE 4, f. & ef. 11-28-75
330-010-0010 Statutory Authority and Scope These rules carry out and are authorized by ORS 469.040(a), (d), and 469.090. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 2-1979, f. & ef. 3-20-79 DOE 4, f. & ef. 11-28-75
330-010-0015 Definitions For purposes of these rules, the following definitions shall apply: (1) “Department” means the Department of Energy. (2) “Director” means the Director of the Department. (3) “Energy Supplier” means a coal supplier, petroleum supplier, or utility, as defined in ORS 469.020(2), (8), and (12). (4) “Person” shall be defined in ORS 469.020(7). (5) “Proprietary” means information, regardless of its format, in which there is an ownership interest which is of important, established financial or competitive value to its owner, determined by use of the following indicators: (a) Whether the information is treated as confidential by its owner. (b) Whether its owner has made the information available to others, and the reason for such disclosure. (c) The potential for competitive advantage that the information provides. (d) The cost of developing the information. (e) The potential for financial or competitive loss to its owner from disclosure of the information. (f) Whether legal protections, such as patents or copyrights, exist for the information. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 2-1979, f. & ef. 3-20-79 DOE 4, f. & ef. 11-28-75
330-010-0020 Material Entitled to Confidential Treatment (1) Any information submitted to the Department by an energy supplier or any other person shall be entitled to confidential treatment if the Director, upon request of the one submitting the information, determines: (a) That the information is proprietary in nature; or (b) That the information consists of geological and geophysical information and data, including maps, concerning oil, gas, or geothermal resources wells. (2) Any information submitted to the Department classified as Safeguards Information (SI) shall be automatically entitled to confidential treatment and handled in accordance with OAR chapter 330, division 30 and OAR chapter 345, division 70. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 2-1985, f. & ef. 1-7-85 DOE 2-1979, f. & ef. 3-20-79 DOE 4, f. & ef. 11-28-75
330-010-0025 Procedure for Requesting Confidential Treatment (1) A request for confidential treatment shall be made in writing and shall be accompanied by copies of the information which is the subject of the request, segregated from any other information submitted for which confidential treatment is not requested. (2) The written request for confidential treatment shall set forth the following: (a) The specific information to be treated as confidential, identified by form, page, and line number, if any; (b) The specific reason for requesting confidential treatment, together with any supporting evidence, documents, or argument related thereto; (c) The minimum level of aggregation at which the information may be reported without losing its confidentiality; and (d) The date on which each item of information need no longer be treated as confidential. (3) The package or envelope in which the request for confidential treatment and related material are sent to the Department shall be addressed to the Director’s attention and be so marked as to indicate clearly the confidential nature of the contents. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 2-1979, f. & ef. 3-20-79 DOE 4, f. & ef. 11-28-75
330-010-0030 Determination by Director (1) Within ten business days after receipt of a request for confidential treatment, the Director shall review the request and make his findings on whether the standard set forth in OAR 330-010-0020 has been met. (2) The Director’s findings shall be promptly sent to the energy supplier or other person requesting confidential treatment by registered or certified mail. (3) In the event that the Director finds that confidential treatment is not proper, the information submitted shall not be publicly disclosed until ten days after his decision has been mailed. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 2-1979, f. & ef. 3-20-79 DOE 4, f. & ef. 11-28-75
330-020-0005 Purpose The purpose of these rules is to specify the form and content of certain information to be furnished annually to the Department of Energy by utilities regarding energy demand. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0010 Statutory Authority and Procedure These rules carry out, and are authorized by ORS 469.080(1) and were adopted pursuant to 183.335. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0020 Definitions — General For purposes of these rules, all terms are to be construed in a manner consistent with their common commercial usage absent an express indication to the contrary. When a term is commonly used in conflicting ways and there is no evidence of the meaning intended by the Department, the following rules of construction apply: (1) For natural gas and electricity information, if the term has a single recognized meaning for reports to the U.S. Department of Energy, Federal Energy Regulatory Commission (FERC), that meaning shall apply. (2) If the conditions of section (1) of this rule does not apply and if the term has a single recognized meaning for reports to the Oregon Public Utility Commissioner (OPUC), that meaning shall apply. (3) If the conditions of sections (1) and (2) of this rule do not apply and if the term has a single recognized meaning to the Edison Electric Institute (EEI) or the American Gas Association (AGA), that meaning shall apply. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0025 Definitions — Specific For purposes of these rules, the following definitions shall apply: (1) “Customer Class” means a broad category of customers who use a particular energy form for essentially similar purposes, including, but not limited to the following categories: (a) Transportation: Those activities or uses of property where the primary function is to transfer or convey persons or property from one place to another; (b) Residential: Energy use in a domestic dwelling for spaceheating, air conditioning, cooking, water heating and other domestic uses; (c) Commercial: Energy use by customers engaged primarily in the sale of goods and services including institutions and local, state and federal government agencies; (d) Electrical Generation: Those activities or uses of property used for the generation of electric power; (e) Industrial: Energy use by customers engaged primarily in a process which changes raw or unfinished materials into another form or product; (f) Other: All other uses of energy. (2) “Department” means the Department of Energy. (3) “Director” means the Director of the Department. (4) “Electric Utility” means a utility engaged in the generation, transmission or distribution of electric energy and having an Oregon service area. (5) “Energy Supplier” means a utility as defined in ORS 469.020, subsections (2), (8), and (12). (6) “Gas Utility” means a utility engaged in distributing natural gas and having an Oregon service area. (7) “Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people’s utility district, or any other entity, public or private, however organized. (8) “Proprietary Information” means information in which is of financial or competitive value to its owner. Specific rules and procedures regarding the designation and handling of proprietary information are listed as OAR 330-010-0005 to 330-010-0030 and are available from the Department upon request. (9) “Resale Customer” means a customer who purchases energy from an energy supplier, the majority of which he sells to another person. (10) “SIC” means the Standard Industrial Classification Manual of 1972 (Executive Office of the President, Office of Management and Budget, Washington, D.C.), on file with the Oregon Secretary of State. (11) “Utility” shall be as defined in ORS 469.020(12). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 2-1982, f. & ef. 1-29-82 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0030 Forms — General With the exception of the provisions of OAR 330-020-0065, all information required to be submitted by ORS 469.080(1), or by these rules shall be submitted on forms provided by the Department and described in these rules. The information required by each form shall be determined by the provisions of OAR 330-020-0035. The actual forms provided by the Department may vary as to format and phrasing from the descriptions provided in 330-020-0035 in any manner consistent with these rules, and may contain such notation as may facilitate computer data entry. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0035 Forms — Specific Each utility shall submit its best estimate of information required by these rules, which shall be on the following forms to be supplied by the Department of Energy (all information submitted shall relate to the supplier’s Oregon business unless specified otherwise): (1) Electric utilities shall submit the following forms: (a) ODOE Form OEU-1, “Base Year Electrical Consumption,” requires one year of historical data of electricity consumption by Customer Class; (b) ODOE Form OEU-2, “Residential Sector — New Customer Report 1978,” requires information on the number of new customers for the most recent historic year; their space and water heat fuel types, and whether they live in a house, apartment or mobile home; (c) ODOE Form OEU-3a and OEU-3b, “Base Year Electrical Consumption by Industry Type,” requires historical data on electrical consumption by two digit SIC: (A) ODOE Form OEU-3a for utilities with annual sales of five billion kilowatt hours or more in Oregon, electrical consumption for each two digit SIC for the most recent historic year is required, (B) ODOE Form OEU-3b for those utilities with annual sales of less than five billion kilowatt hours in Oregon, annual electrical consumption for all manufacturing two digit SIC is required for industrial firms with more than 200 kW demand. (2) Natural gas utilities shall submit copies of Forms G-17, G-18 and G-20 filed with the American Gas Association for the calendar year immediately preceding the current reporting year. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 2-1982, f. & ef. 1-29-82 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0045 Submission Deadline (1) Except as provided in OAR 330-020-0055, every energy supplier required to submit information to the Department by these rules shall submit the specific information required by 333-020-0035 on or before June 1st of each year. (2) For purposes of this rule, an energy supplier’s report shall be deemed submitted as of the date of postmarking, or the date of receipt at the Department, whichever is earlier, provided each report is properly completed. (3) “A civil penalty in an amount not less than $100 per day nor more than $1,000 per day may be assessed by the Circuit Court for wilful failure to submit energy data or wilful failure to comply with a subpoena served by the director pursuant to subsection (2) of ORS 469.080.” (Subsection (3) of ORS 469.992 as amended in 1977). Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0050 Extension of Submission Deadline (1) Any energy supplier that finds it cannot meet the deadline set forth in OAR 330-020-0045 may apply to the Director for an extension of time. The application shall be by petition setting forth: (a) The reasons why it cannot meet the deadline; (b) The measures it is taking to comply with the deadline; and (c) The date on which it expects to be able to supply the information. (2) The Director may grant an extension of not more than thirty days if it appears to him: (a) That the energy supplier is making a good faith effort to provide the information required in a timely manner; and (b) That it is likely that the energy supplier will be able to comply within the period of the extension. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0055 Corrections Corrections of any information submitted by an energy supplier shall be reported to the Department promptly. The change or correction shall identify the form number, page and item to be changed or corrected and accompanied by a full explanation regarding the correction. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0065 Substitution of Data Any energy supplier may, in lieu of submitting a form required by OAR 330-020-0035, submit a report it made to another governmental agency, if the alternative report submitted contains all of the information required by, and is clearly cross-indexed to, the form for which it is substituted. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-020-0070 Request for Confidential Treatment If any form described in OAR 330-020-0035 requests proprietary information, the energy supplier may request that the information be received and maintained on a confidential basis (see the procedures in Department of Energy rule 330-010-0090). A request for confidential treatment must be made by the energy supplier no later than the date on which the information is submitted in accordance with the submission deadline contained in 330-020-0050. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.090 History: DOE 1-1984, f. 1-16-84, ef. 2-1-84 DOE 1-1979, f. & ef. 3-20-79 DOE 2-1978, f. & ef. 3-3-78 DOE 7, f. & ef. 1-11-77 DOE 3, f. & ef. 11-20-75
330-025-0005 Purpose and Statutory Authority (1) This rule is authorized pursuant to ORS 469.040(i)(d) and 469.080 and implements the policies enunciated by the Energy Facility Siting Council (EFSC) in its statement in explanation of the Need-for-Power Standard, adopted January 6, 1981. In that statement, EFSC directed the Oregon Department of Energy (ODOE) to develop rules for resource plan to be filed by electric utilities. EFSC stated: “Such a resource plan would document the steps to be taken by the utilities to achieve the resources identified in the Need-for-Power standard and their actions to overcome the constraints which preclude greater reliance on these resources.” This procedure is intended to offer the opportunity to measure progress towards achieving greater reliance on conservation and renewable resources. (2) The resource plan will offer information on how utilities plan to meet load requirements in their respective Oregon sources area. The information will foster understanding of Oregon electricity loads and resources, not only within the state but within the region. Conversely, information produced in the development of the regional electricity supply plan of the Pacific Northwest Regional Planning Council will also be considered. Utilities are encouraged to incorporate information developed for the regional supply plan to minimize duplication and describe any significant differences. (3) The information contained in the plans will be considered public information except such specified information which a utility explicitly seeks to be treated confidential pursuant to ORS 469.090. (4) ODOE recognizes that information contained in the resource plans may be preliminary and subject to change. The information contained in the resource plans may be qualified to reflect uncertainties. (5) This rule will be reviewed by July 1 of each year for appropriate revisions and may be revised in the interim if warranted. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.060 History: DOE 4-1982, f. & ef. 3-12-82