justicedao/ipfs_state_laws huggingface dataset:
860-031-0020 Responses Open to the Gas Pipeline Operator (1) After receiving the citation, the gas pipeline operator may: (a) Correct the violation within the time allotted in the inspection report and notify the Commission’s gas pipeline safety section of the action taken; or (b) Submit a written plan of action indicating the action to be taken to correct the probable violation, including a schedule and the date when the completion of corrective action is anticipated; or (c) Request an informal conference with the Commission’s gas pipeline safety section. (2) If the plan of action is rejected, or if the operator selects the third option, an informal conference will be scheduled. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.039 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)
860-031-0025 Informal Conference for a Probable Violation by a Gas Pipeline Operator A date, time, and place for the informal conference will be arranged. At the conference the operators may explain their positions and may present alternatives for remedying the probable violation. The operators and the gas pipeline safety staff may agree on a plan to remedy the probable violation. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.039 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)
860-031-0030 Referral to the Commission of a Probable Violation by a Gas Pipeline Operator After receiving a response from the operators and after holding the informal conference, if any, or after receiving no response within the time specified in the inspection report, the Commission’s gas pipeline safety staff will determine whether to refer the case to the Commission for formal action. In such case, the staff shall notify the Commission of the response chosen by the operators and the result of the informal conference, if any. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.039 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)
860-031-0035 Civil Penalties (1) Civil penalties for failure to comply with gas pipeline safety rules or regulations are based on the gravity of the violation, the extent of the operators' past violations, and other matters as justice may require. (2) ORS 757.991 provides for penalties for failure to comply with gas pipeline safety rules or regulations of $200,000 per day, to a maximum of $2,000,000 for any related series of failures. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.039 & 756.991 History: PUC 5-2015, f. & cert. ef. 8-11-15 PUC 9-2001, f. & cert. ef. 3-21-01 PUC 12-1999, f. & cert. ef. 11-18-99 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)
860-031-0040 Waivers of Gas Pipeline Safety Standards (1) Upon request or its own motion, the Commission may waive any of the Division 031 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. The application must include a statement of reasons why the regulations are not appropriate and why a waiver is consistent with gas pipeline safety. The Commission may grant a waiver if: (a) The noncompliance does not entail a significant risk to the operator's employees or the public; or (b) The degree of risk does not justify the expense of bringing the system into compliance. (2) If the Commission decides to grant a waiver, it shall issue the waiver under such terms and conditions as are appropriate, with a statement of reasons for granting the waiver. The waiver shall contain a recital that it is subject to the approval of the Secretary of Transportation of the United States Department of Transportation. If the Commission denies the waiver, it shall notify the applicant of the reasons for the denial. (3) The Commission shall give the Secretary of Transportation of the United States Department of Transportation written notice 60 days before the effective date of the waiver. If, before the effective date of the waiver, the Secretary objects in writing to the granting of the waiver, the Commission's action granting the waiver will be stayed. The Commission may present the case for the waiver to the Secretary, who, in such case, shall determine finally whether the requested waiver will be granted. If the Commission does not present the case for the waiver to the Secretary, the grant of the waiver shall be withdrawn and the waiver shall be denied. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.039 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 9-2001, f. & cert. ef. 3-21-01 PUC 1-1998, f. & cert. ef. 1-12-98 PUC 18-1984, f. & ef. 9-4-84 (Order No. 84-685)
860-032-0000 Waiver Upon request or its own motion, the Commission may waive any of the Division 032 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS. 756.040 Statutes/Other Implemented: ORS 756.040, 759.005 & 759.020 History: PUC 6-2011, f. & cert. ef. 9-14-11
860-032-0002 Notice and Procedures for a Proceeding Initiated Under Division 032 (1) All notices initiating a proceeding under this Division, including, but not limited to, applications, petitions, complaints, and other pleadings, must be served on all telecommunications providers and all persons on the Commission's new application mailing list. Any person wishing to be included on the list must submit his or her name, electronic mail address, and mailing address to the Commission's Administrative Hearings Division. (2) Except as otherwise provided, every proceeding under this Division will follow the procedures in ORS 756.500 et seq. and the Commission's rules of procedure. (3) Any person submitting information under the Commission's rules may request that the information be held in confidence pursuant to the public records law, ORS 192.500. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.020 & 759.025 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 4-2003, f. & cert. ef. 3-11-03 PUC 9-2001, f. & cert. ef. 3-21-01 PUC 4-2000, f. & cert. ef. 2-9-00 PUC 8-1999, f. & cert. ef. 10-18-99 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 1-1990, f. & cert. ef. 2-6-90 (Order No. 90-96) PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159) PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)
860-032-0008 Failure to File Information or Pay the Annual Fee (1) If the Commission has not received an annual fee payment from a telecommunications provider by April 1 of the year after the calendar year upon which the fee is based, a penalty shall be due and payable. The penalty shall equal two percent of the annual fee for each and every month or fraction thereof that the fee remains unpaid. (2) If the Commission has not received requested information or an annual fee within the specified time, or a telecommunications provider does not cooperate with a Commission audit, the Commission may commence a proceeding to impose sanctions, including but not limited to, revoking the telecommunications provider’s certificate of authority to operate in Oregon. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.040, 756.310, 756.320, 756.350 & 759.020 History: PUC 13-1999, f. & cert. ef. 12-7-99
860-032-0010 Classification of Applicants as Telecommunications Providers (1) Pursuant to ORS 759.020, there shall be two classifications of telecommunications providers: (a) Telecommunications utility; and (b) Competitive provider. (2) The Commission shall classify an applicant for a certificate of authority pursuant to ORS 759.020. (3) A telecommunications provider may file a petition with the Commission under OAR 860-032-0005 to change its classification. On the Commission’s own motion, and after notice and opportunity for hearing, the Commission may change a telecommunications provider’s classification upon finding the provider no longer qualifies for the classification previously assigned or qualifies for a different classification. (4) Local exchange telecommunications service provided by a telecommunications utility or a cooperative within the boundaries of local exchanges belonging to another telecommunications utility or cooperative, which exchanges are defined pursuant to ORS 759.005(2)(c), shall be considered the operations of a competitive provider, and may only be provided pursuant to a certificate of authority granted by the Commission under ORS 759.020. Such service shall be considered operations of a competitive provider without regard to the manner the provider treats those operations. (5) Telecommunications services provided by a telecommunications utility or a cooperative pursuant to a certificate of authority granted under ORS 759.020, wherein the provider was classified as a competitive provider for purposes of providing those services, shall be considered the operations of a competitive provider without regard to the manner the provider treats those operations. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.005, 759.020 & 759.030 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203); PUC 16-1986 f. & ef. 11-17-86 (Order No. 86-1159); PUC 10-1998, f. & cert. ef. 4-28-98; PUC 4-2000, f. & cert. ef. 2-9-00
860-032-0011 Advertisements by Competitive Providers Each competitive provider shall ensure that advertisements or other offers of service do not refer to the Commission’s certification of the competitive provider, unless the advertisement or offer conspicuously includes the following statement: The Public Utility Commission of Oregon does not regulate the rates of this carrier. Certification by the Commission means that this carrier is listed with the Commission to do business in Oregon. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.020 & 759.050 History: PUC 4-2000, f. & cert. ef. 2-9-00 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 5-1991, f. & cert. ef. 4-3-91
860-032-0013 Uncertified Telecommunications Providers (1) No telecommunications provider shall provide telecommunications service to another person for purposes of resale, unless the purchaser has a valid certificate of authority from the Commission to operate as a telecommunications provider. (2) No telecommunications provider shall purchase telecommunications service, for purposes of resale, from another person, unless the seller has a valid certificate of authority from the Commission to operate as a telecommunications provider. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.020 & 759.050 History: PUC 4-2000, f. & cert. ef. 2-9-00 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 5-1991, f. & cert. ef. 4-3-91
860-032-0015 Cancellation or Suspension of a Telecommunications Provider’s Certificate (1) The Commission may cancel or suspend a certificate of authority to provide telecommunications service upon a finding that: (a) The certificate holder intentionally filed an application containing incomplete, inaccurate, false, or misleading information or otherwise misrepresented the services or territory the applicant intends to serve, the applicant’s ownership, affiliates of the applicant, or the applicant’s assets or other information presented to the Commission; (b) The certificate holder has failed to comply with the terms and conditions of the certificate; (c) The certificate holder intentionally provided to the Commission incomplete, inaccurate, false, or misleading information; or (d) The certificate holder failed to pay the annual PUC fee, as required by OAR 860-032-0095. (2) If the Commission finds a telecommunications provider has violated section (1) of this rule, the Commission may, by order, cancel or suspend the authority in its entirety or the authority to provide a particular service. Upon suspension or cancellation, the telecommunications provider shall be prohibited from providing the services specified in the order. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 756.320, 759.020 & 759.050 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 4-2000, f. & cert. ef. 2-9-00 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159) PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)
860-032-0023 Price List Petitions (1) When submitting a petition for price listing pursuant to ORS 759.195, the telecommunications utility shall submit a list of the services deemed to be essential and a list of the remaining services. The telecommunications utility shall provide the following information: (a) A description of each price-listed service; and (b) Any proposed maximum price to be charged for the price-listed service and the basis upon which this price has been established. (2) The petition shall demonstrate that the following conditions have been met: (a) Pricing flexibility is reasonably necessary to enable the telecommunications utility to respond to current and future competitive conditions for any or all telecommunications services; (b) Pricing flexibility will maintain the appropriate balance between the need for price flexibility and the protection of customers and applicants; (c) Pricing flexibility is likely to benefit the customers of fixed-rate services; (d) Pricing flexibility is unlikely to cause any undue harm to any customer class; and (e) The rate for the service is not lower than the long-run incremental cost of providing the service. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.030 & 759.190 History: PUC 15-2001, f. & cert. ef. 6-21-01, Renumbered from 860-032-0210 PUC 4-2000, f. & cert. ef. 2-9-00 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 18-1988, f. & cert. ef. 12-29-88 (Order No. 88-1522)
860-032-0025 Petition to Exempt Services from Regulation (1) Upon petition by a telecommunications utility and upon notice and hearing, except as provided in section (7) of this rule, the Commission shall exempt a service from regulation in whole or in part, if the Commission finds price and service competition exists. (2) Upon petition by any person, including a telecommunications utility, and upon notice and hearing, except as provided in section (7) of this rule, the Commission may exempt a service from regulation in whole or in part, if the Commission finds: (a) Price or service competition exists; (b) The service is subject to competition; or (c) The public interest no longer requires full regulation of the service. (3) Prior to making a finding under sections (1) or (2) of this rule, the Commission shall consider: (a) The extent to which services are available from alternative telecommunications providers in the relevant market; (b) The extent to which the services of alternative telecommunications providers are functionally equivalent or substitutable at comparable rates, terms, and conditions; (c) Existing economic or regulatory barriers to entry; and (d) Any other factors deemed relevant by the Commission. (4) Petitions filed under sections (1) and (2) of this rule shall contain: (a) The petitioner’s name and address; (b) A copy of the petitioner’s certificate of authority, if any; (c) The service or portion of a service proposed to be exempted from regulation; (d) Documentation which demonstrates the petition meets the requirements in sections (1), (2), and (3) of this rule; (e) The telecommunications utility’s revenues from and costs of providing the service, the long-range incremental cost of the service, the cost allocation to regulated and unregulated activities for future rate-making treatment, and supporting documentation. The information submitted under this paragraph may be submitted in confidence; (f) A statement from each joint telecommunications provider of the service that it agrees to the exemption; or (g) A statement from the petitioner indicating how the exemption will affect the rates and services of all affected joint telecommunications providers of the service. (5) The Commission may attach reasonable conditions to an exemption granted under this rule and may amend or revoke any such order under ORS 756.568. (6) Except as provided in section (7) of this rule, after notice and hearing, and upon a finding that the circumstances under which the service was exempted no longer exists or the public interest requires reregulation of the service, the Commission may reregulate a service which has been exempted under this rule. (7) If no objections are filed to proposals under sections (1), (2), or (6) of this rule, or with agreement of the parties, the Commission may waive the requirement for hearing. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.030 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 4-2000, f. & cert. ef. 2-9-00 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159) PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)
860-032-0040 Subsidies for Telecommunications Service (1) Before determining the need for or the sources of a subsidy to telecommunications providers, the Commission shall investigate and hold hearings. The Commission shall consider: (a) The need to secure and maintain high-quality universal telecommunications service at just and reasonable rates for all customer classes; (b) The need to encourage innovation through a balanced program of regulation and competition; and (c) The effect of changing technology on pricing methods. (2) Any person may petition the Commission to require telecommunications providers to subsidize services provided by a telecommunications utility. (3) The Commission shall, by order, identify the revenue source of any fund needed to provide the subsidy and prescribe the manner of collection and distribution of the fund. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.015 & 759.030 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 4-2000, f. & cert. ef. 2-9-00 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159) PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)
860-032-0045 Petitions for Alternative Access by Customers of Shared Telecommunications Service Providers (1) Any person whose only access to local exchange telecommunications service is a shared service provider may petition the Commission for an order requiring the shared service provider to make available to the petitioner alternative facilities or conduit space at reasonable terms, conditions, and prices for the purpose of establishing alternative access to local exchange telecommunications service. (2) The petition shall include: (a) The name and address of the petitioner; (b) The name and address of the shared service provider; (c) The type of services required by the petitioner; and (d) The petitioner’s statement indicating a willingness to pay a reasonable fee to the shared service provider for alternative access. (3) The shared service provider shall establish one or more points of interconnection to provide alternative access as a result of a petition under this rule. A point of interconnection is a location where facilities of the shared service provider may be connected to the facilities of a telecommunications utility or competitive telecommunications provider. The Commission will determine appropriate points of interconnection as necessary in the course of considering a petition for alternative access. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.030 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 13-1998, f. & cert. ef. 7-7-98 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159) PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203)
860-032-0050 Petition for a Declaratory Ruling that a Service Is Not Subject to Regulation Any person may file a petition requesting a ruling whether a service is subject to regulation by the Commission. The petition shall contain the following information: (1) The petitioner’s name, address, and telephone number; (2) A detailed description of the service on which the ruling is requested; (3) The legal basis under which the petitioner contends that the service is, or is not, subject to regulation, including citations to relevant state and federal statutes, court decisions, or orders of the Federal Communications Commission or the Commission; (4) The names and addresses of any joint telecommunications providers of the service; and (5) The rate schedules or price lists affected. Statutory/Other Authority: ORS Statutes/Other Implemented: ORS 756.040 & 756.450 History: PUC 4-2000, f. & cert. ef. 2-9-00 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159)
860-032-0080 Definition of Gross Retail Intrastate Revenue for Purposes of Annual Fees Payable to the Commission by a Telecommunications Provider "Gross retail intrastate revenue" means the total amount derived from intrastate retail service. Gross revenue, as defined by generally accepted accounting principles (GAAP) is the total amount of sales recognized for a reporting period. prior to any deductions. Revenues are to be recognized on the income statement in the period when realized and earned-not necessarily when cash is received. Gross retail intrastate revenues shall be accrued in accordance with generally accepted accounting principles during the calendar year. For purposes of determining the annual fees payable to the Commission by telecommunications providers under OARs 860-021-0036, 860-032-0095, and 860-034-0095: (1) "Gross retail intrastate revenue" includes all billable revenue earned from a final customer for the following services: Centrex; directory and operator services including yellow pages; extended area service; features and advanced services including custom calling, vertical service, custom local area signaling service, market expansion lines, remote call forwarding, toll restriction, and voice messaging; interexchange and long distance services when the call or signal originates and terminates in Oregon; and local service including subscriber line charge and universal service fund (USF) distributions from the federal USF, Oregon USF, and Residential Service Protection Fund. (2) "Gross retail intrastate revenue" excludes revenue from the following services: carrier billing and collection; carrier access; interstate interexchange and long distance services; internet service; payphone service sold to an end user; installation, maintenance, repair, lease rental, or sale of telecommunications equipment; and when provided by a radio common carrier: cellular, personal communications systems (PCS), radio paging, or other radio communications services. Statutory/Other Authority: ORS 183, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 756.310 History: PUC 9-2022, amend filed 09/29/2022, effective 09/29/2022 PUC 9-2001, f. & cert. ef. 3-21-01 PUC 13-1999, f. & cert. ef. 12-7-99
860-032-0090 Allocation of Revenues by a Telecommunications Provider (1) Each telecommunications provider shall allocate total Oregon revenues between gross retail intrastate revenues from telecommunications services and other revenues for each subject year. (2) Each telecommunications provider shall maintain its records in sufficient detail to readily provide gross retail intrastate revenue from Oregon telecommunications services for each subject year. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.310 History: PUC 13-1999, f. & cert. ef. 12-7-99