justicedao/ipfs_state_laws huggingface dataset:
330-025-0010 Definitions (1) “Utility”: Every electric utility that serves Oregon consumers and which has a service area load greater than 100 average megawatts and every generating and transmission company (G & T) acting on behalf of member utilities serving consumers in Oregon that participates in, or intends to participate in, constructing electricity generation facilities in Oregon. (2) “Director”: The Director of the Oregon Department of Energy. (3) “EFSC’s Biennial Forecast”: The forecast of electricity demand and supply adopted by the EFSC as part of the siting standard. The first forecast was adopted January 6, 1981. EFSC will update this forecast every two years, but may revise the forecast under circumstances described in OAR 345-111-0020. (4) “Planned Electric Generating Facility”: An electric Generating facility, including one owned by a Private Power Producer, for which any of the following events has occurred: (a) The filing of an application, with the appropriate federal or state licensing authority; (b) The execution of a contract with a utility creating a binding financial obligation to participate in the construction of, or to purchase firm energy from, an electric generating facility. (5) “Planned Electric Generating Facility” shall not include facilities which meet any of the above criteria if the sponsor or owner of the facility has announced publicly the termination or indefinite delay in construction of the facility. (6) “Private Power Producers”: A person or organization who generates electricity to sell wholesale and who is not subject to state or federal regulation as an electric utility. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 4-1982, f. & ef. 3-12-82
330-025-0015 Resource Plan Submission Requirement (1) On or before July 1, 1982, and on or before every April 1 of even numbered years thereafter, each utility shall submit to the Director a resource plan. This plan shall forecast and describe how the utility will meet demand on its Oregon system (or the systems of its members) over a fifteen-year period as determined by EFSC’s most recent biennial forecast of demand and supply. This plan will meet the utility forecast requirement contained in ORS 469.070(4) for those years that a resource plan is due. (2) Utilities do not have to submit a revised plan if and when EFSC revises its biennial forecast in the interim period between the development of consecutive biennial forecasts. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 4-1982, f. & ef. 3-12-82
330-025-0025 Supplemental Information The Director may, by letter, require a utility to submit as part of the resource plan supplemental information assessing the effectiveness of resource development efforts, including conservation and renewable resources programs. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 4-1982, f. & ef. 3-12-82
330-025-0030 Rejection of Deficient Submission If the resource plan submitted by an electric Utility fails to satisfy requirements of OAR 330-025-0020, the Director shall reject the submission and require the Utility to submit a new plan which remedies the deficiencies. The Director may specify the date by which the resubmission shall be made. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 4-1982, f. & ef. 3-12-82
330-025-0035 Waiver of Certain Provision In the event of a demonstration of hardship or inapplicability, the Director may waive compliance with one or more of these provisions. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 4-1982, f. & ef. 3-12-82
330-030-0005 Purpose The purpose of these rules is to protect the confidentiality of information submitted to the Energy Facility Siting Council and the Oregon Office of Energy regarding security programs for nuclear-fueled power plants, nuclear installations, and the transportation of radioactive materials to and from such facilities, and, to the extent possible, maximize information available to the public regarding the nuclear fuel cycle. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.490 History: DOE 2-1996, f. & cert. ef. 7-11-96 DOE 5, f. & ef. 12-23-75
330-030-0010 Legislative Authority These rules are promulgated concurrently by the Council and the Director pursuant to their respective rulemaking authorities contained in ORS Chapter 183, 469.040, 469.470, 469.501 to 469.507, 469.530, 469.560 and 192.500, in order to implement their joint responsibility under 469.530. Statutory/Other Authority: ORS 469.040 Statutes/Other Implemented: ORS 469.530 History: DOE 2-1996, f. & cert. ef. 7-11-96 DOE 2-1985, f. & ef. 1-7-85 DOE 5, f. & ef. 12-23-75
330-030-0015 Definitions (1) “Council” means the Energy Facility Siting Council established by ORS 469.450. (2) “Director” means the Administrator of the Oregon Office of Energy. (3) “Nuclear Installation” shall have the meaning set forth in ORS 469.300. (4) “Person” shall have the meaning set forth in ORS 469.300. (5) “Security Program” means any plan or procedure the primary function of which is to protect nuclear power plants, nuclear installations, transportation and storage of new or irradiated nuclear fuel elements, or transportation and storage of fissile material against any deliberate act which could directly endanger the public health and safety including exposure to radiation, including, but not limited to, the means for: (a) Controlling entry to the site or portions of the site of fixed installations; (b) Deterring or discouraging penetrations of sites or carriers by unauthorized persons; (c) Detecting such penetrations in the event they occur; (d) Apprehending in a timely manner unauthorized persons or authorized persons acting in a manner constituting a threat of sabotage or theft; (e) Providing for appropriate authorities to take custody of violators. (6) “Fissile Material” means fissile plutonium, uranium-233, and uranium-235 in any combination sufficient to cause (gm Pu/200 gm) + (gm U-233/200 gm) + (gm U-235 (contained in uranium enriched to more than 20% in U-235)/350 gm) to be greater than unity. (7) “Safeguards Information (SI)” means information which specifically identifies detailed: (a) Security measures for the protection of special nuclear material; or (b) Security measures for the physical protection and location of certain plant equipment vital to the safety of production or utilization facilities such as nuclear power plants. Statutory/Other Authority: ORS 469.040 Statutes/Other Implemented: ORS 469.530 History: DOE 2-1996, f. & cert. ef. 7-11-96 DOE 2-1985, f. & ef. 1-7-85 DOE 5, f. & ef. 12-23-75
330-030-0020 Confidential Treatment Required Information submitted by any person pursuant to ORS 469.530 for review and approval by the Council and Director shall, to the extent it falls within the definition of “security program” in OAR 330-030-0015, or Safeguards Information in 330-030-0015, be received and maintained in strict confidentiality. The Council and Director shall take all reasonable precautions to: (1) Limit the number of persons within the Office of Energy having access to such information; and (2) Physically safeguard such information. Statutory/Other Authority: ORS 469.040 Statutes/Other Implemented: ORS 469.530 History: DOE 2-1996, f. & cert. ef. 7-11-96 DOE 2-1985, f. & ef. 1-7-85 DOE 5, f. & ef. 12-23-75
330-030-0025 Releases of Non-Confidential Information In reviewing information submitted to them under ORS 469.530, the Council and Director shall jointly determine whether specific portions of such information are not within the definition of “security program” in OAR 330-030-0015, and promptly arrange for the physical segregation and public availability of all information not entitled to confidential treatment. Statutory/Other Authority: ORS 469.040 Statutes/Other Implemented: ORS 469.530 History: DOE 2-1996, f. & cert. ef. 7-11-96 DOE 2-1985, f. & ef. 1-7-85 DOE 5, f. & ef. 12-23-75
330-030-0030 Public Statements and Security Programs (1) Upon completing their review and approval of a security program and modifications to the program, the Council and Director shall promptly issue a joint statement which describes, without directly or indirectly breaching the confidentiality of the security program: (a) The nature and scope of the review conducted; (b) The adequacy of the security program; and (c) A general description of the security measures. (2) In the event of discovery of noncompliance with approved security programs, the Council and Director will issue a joint statement describing the general nature of the noncompliance. However, this statement shall not directly or indirectly breach the confidentiality of the security program. Statutory/Other Authority: ORS 469.040 Statutes/Other Implemented: ORS 469.530 History: DOE 2-1996, f. & cert. ef. 7-11-96 DOE 5, f. & ef. 12-23-75
330-040-0005 Purpose The purpose of these rules is to establish standards to assist the Director in evaluating applications submitted to him for the formation of joint operating agencies. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 8, f. & ef. 3-7-77 DOE 6(Temp), f. & ef. 11-8-76
330-040-0010 Authority These rules are adopted by the Director in accordance with ORS Chapter 183, pursuant to authority vested in him by 469.040(1)(d). Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 8, f. & ef. 3-7-77 DOE 6(Temp), f. & ef. 11-8-76
330-040-0015 Definitions (1) “Director” shall mean the Director of the Oregon Department of Energy. (2) “Joint Operating Agency” shall be as defined in ORS 262.005(1)(1975). Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 8, f. & ef. 3-7-77 DOE 6(Temp), f. & ef. 11-8-76
330-040-0020 Required Information on Reason of Formation An applicant seeking an order from the Director authorizing formation of a joint operating agency shall, by the submission of factual information, demonstrate: (1) The specific reasons why the applicant believes it is necessary or desirable to form a joint operating agency. (2) Activities that the joint operating agency will take to either plan for or provide an adequate supply of electric energy to meet the needs of publicly owned utilities in Oregon. (3) The time frame within which the identified activities will be undertaken. (4) In the event that the joint operating agency will not be active in either planning for or providing electric energy immediately following its formation, a statement as to why the Director should authorize formation of a joint operating agency at the present time. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 8, f. & ef. 3-7-77 DOE 6(Temp), f. & ef. 11-8-76
330-040-0025 Required Information Regarding Adequacy of Financing (1) The applicant shall provide a proposed budget for the JOA for each of the first five years of its existence, identifying the sources of all funds to be expended. (2) To the extent that specific projects were identified pursuant to OAR 330-040-0020(2), the applicant shall demonstrate that the JOA either has or will have adequate funds to finance the identified projects. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 8, f. & ef. 3-7-77 DOE 6(Temp), f. & ef. 11-8-76
330-050-0005 Purpose The purpose of this rule is to prescribe the rate which shall be used by petroleum suppliers and by the Department of Energy (DOE) in converting barrels of petroleum products into British thermal units (Btus) of energy in connection with the assessments imposed upon petroleum suppliers by Section 4 of Chapter 813, Oregon Laws 1977. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 13, f. & ef. 12-6-77 DOE 11(Temp), f. & ef. 9-21-77 DOE 9(Temp), f. & ef. 8-5-77
330-050-0010 Definitions For purposes of this rule, the following definitions shall apply: (1) “Barrel” shall mean a volumetric measure equal to 42 gallons. (2) “Bureau of Mines Publication” shall mean a publication entitled “Mineral Industry Surveys” issued by the Department of Interior, Bureau of Mines, in December 1976. (3) “Petroleum Products” shall mean only those petroleum products which are subject to assessments under Section 4 of Chapter 813, Oregon Laws 1977. These products include: (a) Crude petroleum; (b) Fuel oil (distillate and residual); (c) Kerosene; (d) Liquefied petroleum gases; (e) Motor vehicle fuel (when used primarily for agricultural purposes) and (f) Petroleum coke (when used as fuel in metal processing). (4) “Petroleum Suppliers” shall have the meaning set forth in Section 4(g) of Chapter 813, Oregon Laws 1977, “those petroleum suppliers who are required to submit forecasts to the department pursuant to subsection (4) of ORS 469.070.” Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 13, f. & ef. 12-6-77 DOE 11(Temp), f. & ef. 9-21-77 DOE 9(Temp), f. & ef. 8-5-77
330-050-0015 Conversion Rates For all purposes of Section 4 of Chapter 813, Oregon Laws 1977, petroleum suppliers and the Department of Energy shall use the following rates from the Bureau of Mines Publication for converting barrels of petroleum products into British thermal units of energy: Type of Product — Btu/Barrel: (1) Crude Petroleum — 5,800,000; (2) Distillate Fuel Oil — 5,825,000; (3) Residual Fuel Oil — 6,287,000; (4) Kerosene — 5,670,000; (5) Liquefied Gases — 4,011,000; (6) Motor Vehicle Fuel (gas) — 5,248,000; (7) Petroleum Coke — 6,024,000. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.080 History: DOE 13, f. & ef. 12-6-77 DOE 11(Temp), f. & ef. 9-21-77 DOE 9(Temp), f. & ef. 8-5-77
330-060-0005 Purpose (1) OAR 330-060-0005 through 330-060-0095 describe qualifying energy conservation measures, the basis for the energy audit, prescribe how fuel oil dealers shall provide energy conservation services to their residential customers as required by ORS 469.673 through 469.679, and prescribe the standards for state financed 6.5 percent interest loans made under Chapter 894, Oregon Laws 1981, as amended by Chapter 749, Oregon Laws 1987, and Chapter 718, Oregon Laws 1991. (2) These rules are effective September 1, 2007 or upon filing with the Secretary of State, whichever is later and shall apply to energy conservation measure rebate applications postmarked on or after the effective date of these rules. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.673 History: DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07 DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04 DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03 DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00 DOE 3-1987, f. & ef. 12-18-87 DOE 4-1983, f. & ef. 10-10-83 DOE 7-1981, f. & ef. 12-18-81 DOE 13-1980, f. 12-15-80, ef. 1-1-81 DOE 8-1979, f. & ef. 11-29-79 DOE 1-1978, f. & ef. 1-16-78 DOE 10(Temp), f. & ef. 9-16-77
330-060-0015 Description of Residential Energy Conservation Program As defined in ORS 469.673 through 469.679, each dealer shall establish an energy conservation services program and shall provide energy conservation information to customers and to the public. A dealer may rely upon the services contracted for by the Director pursuant to 469.677, instead of presenting a separate program, or complete the energy audits as a trade ally, as provided in these rules. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.673 History: DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07 DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04 DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03 DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00 DOE 3-1987, f. & ef. 12-18-87 DOE 4-1983, f. & ef. 10-10-83 DOE 7-1981, f. & ef. 12-18-81 DOE 13-1980, f. 12-15-80, ef. 1-1-81 DOE 8-1979, f. & ef. 11-27-79 DOE 1-1978, f. & ef. 1-16-78 DOE 10(Temp), f. & ef. 9-16-77
330-060-0020 Reliance on the Statewide Fuel Oil Audit Program (1) The Director shall contract for a statewide energy audit program to give the information, help and technical advice required of dealers by ORS 469.675. (2) A dealer who relies on the statewide energy audit program may, however: (a) Notify its customers about this program, including a toll-free number to request information; or (b) Act as a contact between its customers and the statewide energy audit program. Such a dealer may pass on its customers' requests for information to the statewide energy audit contractor chosen by the Oregon Department of Energy. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.675 History: DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07 DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04 DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03 DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00 DOE 3-1987, f. & ef. 12-18-87 DOE 4-1983, f. & ef. 10-10-83 DOE 7-1981, f. & ef. 12-18-81 DOE 13-1980, f. 12-15-80, ef. 1-1-81 DOE 8-1979, f. & ef. 11-27-79 DOE 1-1978, f. & ef. 1-16-78 DOE 10(Temp), f. & ef. 9-16-77
330-060-0060 Oil Audit Standards: General Description of Oil-Heated Dwellings Energy Audit (1) The energy audit shall provide a basis to determine which energy conservation measures are recommended as described in OAR 330-060-0010(14). (2) The energy audit shall also provide information published by the Oregon Department of Energy about no-cost/low-cost energy-saving practices, about energy conservation measures, and financial incentives available to help pay for the costs of installing those measures. (3) The Administrator may approve the use of other audit methodologies, including allowing customers or trade allies to use a form developed by the Oregon Department of Energy, if the Administrator determines that such alternate methodologies will provide the customer with results comparable to those achieved using the audit methodology prescribed by these rules. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.675 History: DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07 DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04 DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03 DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00 DOE 3-1987, f. & ef. 12-18-87 DOE 7-1981, f. & ef. 12-18-81
330-060-0070 Oil Audit Standards: Calculation Procedures (1) The energy savings from energy conservation measures shall be calculated by the Oregon Department of Energy. (2) The Oregon Department of Energy may approve use of alternate energy savings calculations, if the calculations and the methodology supporting those calculations are submitted to the Oregon Department of Energy for its review and approval. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469.675 History: DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07 DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04 DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03 DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00 DOE 2-1991, f. & cert. ef. 10-14-91 DOE 3-1987, f. & ef. 12-18-87 DOE 4-1983, f. & ef. 10-10-83 DOE 7-1981, f. & ef. 12-18-81
330-060-0075 Oil Audit Standards: Calculation of Cost Effectiveness (1) The cost-effectiveness of energy conservation measures shall be calculated by the Oregon Department of Energy. (2) The Oregon Department of Energy may approve use of alternate cost-effectiveness calculations, if the calculations and the methodology supporting those calculations are submitted to the Oregon Department of Energy for its review and approval. (3) The measure is "cost-effective" if its cost is less than 110 percent of the present value of the cost of fuel oil saved over its assumed life cycle. (4) The Oregon Department of Energy must approve all measures that are presumed to be cost-effective. These measures may include items which alone may not save energy but are needed to make recommended energy measures work effectively. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.675 History: DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07 DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04 DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03 DOE 3-1987, f. & ef. 12-18-87 DOE 4-1983, f. & ef. 10-10-83 DOE 7-1981, f. & ef. 12-18-81
330-060-0090 Oil Audit Standards: Auditor Qualifications The person performing the energy audit must be able to determine whether the applicable energy conservations measures meet the standards set forth in these rules and the specifications and to be able to effectively communicate recommendations to the customer. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.675 History: DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04 DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03 DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00 DOE 3-1987, f. & ef. 12-18-87 DOE 7-1981, f. & ef. 12-18-81
330-060-0095 Post-Installation Inspections (1) The Oregon Department of Energy may inspect energy conservation measures: (a) The Oregon Department of Energy may inspect energy conservation measures installed by customers receiving a cash payment or loan for those measures; (b) The Oregon Department of Energy may inspect installed measures at the customer's request if those measures qualify for a cash payment or loan; (c) The Oregon Department of Energy may require an inspection at the time of the audit if any energy conservation measures qualifying for the cash payment or loan were installed before the audit is completed. (d) The Oregon Department of Energy may require an inspection before disbursing cash payments. (2) The inspection shall verify that: (a) Measures included in the loan or other incentive were installed; and (b) Workmanship and materials meet industry standards. Installation standards and inspection forms shall be approved by the Oregon Department of Energy. All measures installed shall meet the energy conservation measure specifications. Local codes shall prevail in all cases. (3) The results of the inspection shall be promptly reported to: (a) The customer; and (b) The Oregon Department of Energy. (4) Inspectors shall have no financial or other interest in the firm that installed the measure(s) inspected. (5) An inspector shall be able to determine whether the applicable energy conservation measures meet the standards set forth in these rules and specifications. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.675 History: DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07 DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04 DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03 DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00 DOE 4-1983, f. & ef. 10-10-83 DOE 7-1981, f. & ef. 12-18-81
330-062-0005 Advisory Residential Energy Conservation Standards for Existing Dwellings Scope (1) The purpose of OAR 330-062-0015 through 330-062-0025, pursuant to ORS 469.155, is to establish statewide advisory energy conservation standards for weatherization measures installed voluntarily in existing dwellings. (2) OAR 330-062-0010 through 330-062-0025 addresses only building component improvements because these improvements are relatively permanent and tend to remain effective throughout the life of the dwelling, regardless of changes in occupancy. Statutory/Other Authority: ORS 407, 469 & 470 Statutes/Other Implemented: ORS 469 History: DOE 9-1982, f. & ef. 7-1-82