justicedao/ipfs_state_laws huggingface dataset:
860-038-0470 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.270 - 290, 757.600 - 667 & 759.650 - 675 History: PUC 23-2001, f. & cert. ef. 10-11-01
860-038-0500 Code of Conduct Purpose The Code of Conduct rules (OAR 860-038-0500 through 860-038-0640) govern the interactions and transactions among the electric company, its Oregon affiliates, and its competitive operations. The Code of Conduct is designed to protect against market abuses and anti-competitive practices by electric companies in the Oregon retail electricity markets. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2006, f. & cert. ef. 5-11-06 PUC 2-2001, f. & cert. ef. 1-5-01
860-038-0520 Electric Company Name and Logo An electric company may allow its Oregon affiliates and its competitive operations the use of its corporate name, trademark, brand, or logo in advertisements of specific electricity services to existing or potential consumers located within the electric company’s service area, as long as the Oregon affiliate or its competitive provider includes a disclaimer in its communications. The disclaimer must be written in a bold and conspicuous manner or be clearly audible, as appropriate for the communication medium. The disclaimer must be included in all print, auditory and electronic advertisements. (1) The disclaimer for an Oregon affiliate must state the following: {Name of Oregon affiliate} is not the same company as {name of electric company} and is not regulated by the Public Utility Commission of Oregon. You do not have to buy {name of Oregon affiliate}’s products or services to continue to receive your current electricity service from {name of electric company}. (2) The disclaimer for a competitive operation must state the following: ‘You do not have to buy {product/service name} to continue to receive your current electricity service from {name of electric company}.’ Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2006, f. & cert. ef. 5-11-06 PUC 2-2001, f. & cert. ef. 1-5-01
860-038-0560 Treatment of Competitors (1) An electric company shall treat the competitors of its Oregon affiliates and its competitive operations fairly in all respects and in a manner consistent with the treatment it affords any of its Oregon affiliates or competitive operations in the electric company’s: (a) Provision of supply; (b) Provision of capacity; (c) Provision of electricity services; (d) Provision of information obtained as a result of providing either electric service to its non-direct access customers within its allocated service territory, or transmission and distribution services to direct access customers; (e) Offering of discounts; (f) Tariff discretion; and (g) Processing requests for electricity related services. This section shall not apply to the provision or joint purchasing of corporate services such as accounting, auditing, financial, legal, or information technology services. (2) An electric company shall not condition or otherwise tie the provision of any regulated services provided by the electric company, nor the availability of discounts of rates or other charges or fees, rebates, or waivers of terms and conditions of any regulated services provided by the electric company, to the taking of any electricity services or directly related products from its Oregon affiliates or competitive operations. (3) An electric company shall not assign a consumer to whom it currently provides electricity services to any of its Oregon affiliates or competitive operations, whether by default, direct assignment, option, or by any other means, unless that means is equally available to all competitors. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2006, f. & cert. ef. 5-11-06 PUC 2-2001, f. & cert. ef. 1-5-01
860-038-0580 Prevention of Cross-subsidization Between Competitive Operations and Regulated Operations (1) Other than information that is routinely made public by an electric company, or for which a tariff has been approved subject to OAR 860-086-0020, an electric company must not provide electric company operational or marketing information to its competitive operations unless it makes such information available to ESSs and other entities that provide electricity services or directly related products on identical terms and conditions. (2) The electric company must identify and separately account for revenues and costs of its competitive operations. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2012, f. & cert. ef. 8-24-12 PUC 6-2006, f. & cert. ef. 5-11-06 PUC 25-2003, f. & cert. ef. 12-11-03 PUC 2-2001, f. & cert. ef. 1-5-01
860-038-0600 Joint Marketing and Referral Arrangements (1) For joint marketing, advertising, and promotional activities an electric company shall not: (a) Provide or acquire leads on behalf of its Oregon affiliates; (b) Solicit business or acquire information on behalf of its Oregon affiliates; (c) Give the appearance of speaking or acting on behalf of its Oregon affiliates except that an electric company, pursuant to a customer request, may provide information about electricity services or directly related products offered by the electric company’s Oregon affiliates. Prior to providing the information, the electric company must inform the customer that: (A) Other providers may exist; and (B) The customer does not have to purchase these electricity services or directly related products from the electric company’s Oregon affiliate in order for the customer to continue to receive the customer’s current electricity service from the electric company; (d) Represent to consumers or potential consumers that it can offer electricity services or directly related products from the electric company’s Oregon affiliates bundled or packaged with its tariffed services; or (e) Request authorization from its consumers to pass on proprietary consumer information exclusively to its Oregon affiliates. (2) An electric company shall not engage in joint marketing, advertising, or promotion of its electricity services or directly related products with those of its Oregon affiliates in a manner that favors the electricity services or directly related products of the Oregon affiliate. Such joint marketing, advertising, or promotion includes, but is not limited to, the following: (a) Acting or appearing to act on behalf of its Oregon affiliates in any communications and contacts with any existing or potential consumers, subject to the exception in (1)(c) above; (b) Joint sales calls; (c) Joint proposals, either as requests for proposals or responses to requests for proposals; (d) Joint promotional communications or correspondence, except that an electric company may allow its Oregon affiliates access to consumer bill advertising inserts according to the terms of a Commission approved tariff, so long as access to such inserts is made available on the same terms and conditions to unaffiliated entities offering similar services as the Oregon affiliates that use bill inserts; or (e) Joint presentations at trade shows, conferences, or other marketing events within the state of Oregon. (3) An electric company may participate in meetings with its Oregon affiliates to discuss technical or operational subjects regarding the electric company’s provision of transmission or distribution services to the consumer; but only in the same manner and to the same extent the electric company participates in such meetings with unaffiliated entities and their consumers. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2006, f. & cert. ef. 5-11-06 PUC 2-2001, f. & cert. ef. 1-5-01
860-038-0620 Access to Books and Records (1) An electric company must provide the Commission with full access to all of the electric company’s and affiliates’ books and records in order to review all transactions between an electric company and its Oregon affiliates. (2) An electric company and its affiliates shall maintain separate books and records, and, whenever possible, prepare unconsolidated financial statements. (3) An electric company and its competitive operations shall maintain sufficient records to allow for an audit of the transactions between an electric company and its competitive operations. At its discretion, the Commission may require an electric company to initiate, at the electric company’s expense, an audit of the transactions between an electric company and its competitive operations performed by an independent third party. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2006, f. & cert. ef. 5-11-06 PUC 2-2001, f. & cert. ef. 1-5-01
860-038-0640 Compliance Filings By June 1 of each odd numbered year, an electric company must file a verified report prepared by an independent third-party regarding the electric company’s compliance with OAR 860-038-0500 through 860-038-0620 for the prior two calendar years. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2006, f. & cert. ef. 5-11-06 PUC 2-2001, f. & cert. ef. 1-5-01
860-038-0700 Definitions for New Large Load Direct Access Program (1) Unless otherwise defined in section (2), the definitions set forth in OAR 860-038-0005 are applicable to New Large Load Direct Access Programs. (2) As used in the New Large Load Direct Access Program rules: (a) “Average Historic Cost-of-Service Load” means the average monthly Cost-of-Service Eligible Load during the 60 month period beginning five years prior to the date a consumer gives binding notice of participation in the New Large Load Direct Access Program. (b) “Cost-of-Service Eligible Load” means the load of a consumer that is eligible for a cost-of-service rate. (c) “Incremental Demand Side Management” means the effective net impact of energy efficiency measures and demand response implemented at a facility after a consumer gives binding notice of participation in the New Large Load Direct Access Program. (d) “New Large Load Direct Access Program” means a direct access program offering by an electric utility that meets the requirements set forth in OAR 860-038-0700 through 860-038-0760. (e) “New Large Load Direct Access Service Transition Rate” means a rate that is applied to load served under the New Large Load Direct Access Program. Statutory/Other Authority: ORS Ch. 183, 756, 757 Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667 History: PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018
860-038-0710 Requirement to Enable a New Large Load Direct Access Program (1) An electric company that enables direct access service must enable a New Large Load Direct Access Program for New Large Load consumers, subject to the requirements set forth in rules governing New Large Load Direct Access Programs. The New Large Load must be separately metered or be measured based on a determination that has comparable accuracy and is mutually agreeable between the electric company and the consumer. (2) For purposes of these rules, “New Large Load” means any load associated with a new facility, an existing facility, or an expansion of an existing facility, which: (a) Has never been contracted for or committed to in writing by a cost-of-service consumer with an electric company; and (b) Is expected to result in a 10 average megawatt or more increase in the consumer’s power requirements during the first three years after new operations begin. Statutory/Other Authority: ORS Ch. 183, 756, 757 Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667 History: PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018
860-038-0720 Nonresidential Standard Offer, Default Supply, and Return to Cost of Service (1) New Large Load Direct Access Program participants are subject to the requirements set forth in OAR 860-038-0250 and OAR 860-038-0280, except as set forth in section (3) of this rule. (2) A New Large Load Direct Access Program participant may return to cost-of-service rates under the same rates and terms of service as the electric company’s current cost-of-service opt-out offers for direct access service consumers, except as set forth in section (3). (3) To mitigate the rate impact to existing cost-of service customers, an electric company must request Commission approval of a forward-looking rate adder applicable to New Large Load Direct Access Program participants returning to cost-of-service rates or rates under OAR 860-038-0250 and 860-038-0280 when the electric company forecasts that: (a) The return to rates under OAR 860-038-0250 and 860-038-0280 for an individual or group of New Large Load Direct Access Program participants will result in a significant increase to existing cost-of-service rate; or (b) The return to a cost-of-service rate for an individual or group of New Large Load Direct Access Program participants will result in a significant increase to existing cost of service rate. (4) The Commission will consider the rate adder under Section (3) of this rule as part of a tariff filing. (5) The electric company must file annual tariff updates that justify any rate adder developed according to this rule or any updates to the approved rate adder. Statutory/Other Authority: ORS Ch. 183, 756, 757 Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667 History: PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018
860-038-0730 New Large Load Eligibility Requirements (1) A New Large Load Direct Access Program is only available for consumers contracting for energy resources that do not include any allocation of coal-fired resources as defined in ORS 757.518 (1)(b)(B) after January 1, 2030. For the purposes of this rule, “coal-fired resource” does not include a facility generating electricity that is included as part of a limited duration wholesale power purchase made by an Energy Service Supplier for immediate delivery to retail electricity consumers that are located in this state for which the source of the power is not known. (2) Prior to taking service under the program, New Large Load Direct Access participants must sign and provide to the electric company an affidavit representing that the participant’s energy supply will not include any allocation of coal-fired resources consistent with the requirements of section (1). (a) Prior to providing service, the electric company must provide a copy of the affidavit provided by a New Large Load Direct Access participant to the Commission. (b) New Large Load Direct Access participants that are found in violation of the provisions of section (2) of this rule will be enrolled in the general cost-of-service opt out program in the next direct access enrollment window. (3) For at least one period of 12 consecutive months within the first 36 months of receiving service, the actual load of a facility served under the New Large Load Direct Access Program must meet or exceed 10 average megawatts, unless the shortfall in load below that threshold is attributable to equipment failure, energy efficiency, load curtailment or load control, or other causes outside the control of the New Large Load Direct Access Program participant. Statutory/Other Authority: ORS Ch. 183, 756, 757 Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667 History: PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018
860-038-0750 De-Enrollment Due to Failure to Meet Load Standard If the actual load of a facility served under the New Large Load Direct Access Program fails to meet the requirements outlined in OAR 860-038-0730(3) and the electric company elects to de-enroll the participant, the electric company must provide written notification to the New Large Load participant and the Commission of its proposal to move the participant to the appropriate cost-of-service rate schedule. (1) Within 60 days of notification, the participant may provide a written response to the electric company and the Commission to demonstrate that its reduction in load to less than 10 average megawatts was the result of equipment failure, energy efficiency, load curtailment or load control, or other causes outside the control of the New Large Load Direct Access Program participant. (2) The electric company may not transition a participant to a new rate structure under this provision before 90 days has passed since the notice from the electric company. Statutory/Other Authority: ORS Ch. 183, 756, 757 Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667 History: PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018
860-038-0760 Reporting Each electric company must file a status report to the Commission within two months of total enrollment in New Large Load Direct Access Programs reaching 25 average megawatts, 50 average megawatts, 100 average megawatts, and 80 percent of any enrollment limit adopted by the Commission. Statutory/Other Authority: ORS Ch. 183, 756, 757 Statutes/Other Implemented: ORS 756.040, 757.600 through 757.667 History: PUC 6-2018, adopt filed 09/18/2018, effective 09/18/2018
860-039-0010 Net Metering Kilowatt Limit (1) For residential customer-generators of a public utility, these rules apply to net metering facilities that have a generating capacity of 25 kilowatts or less. (2) For non-residential customer-generators of a public utility, these rules apply to net metering facilities that have a generating capacity of two megawatts or less. (3) Nothing in these rules is intended to limit the number of net metering facilities per customer-generator so long as the net metering facilities in aggregate on the customer-generator's contiguous property do not exceed the applicable kilowatt or megawatt limit. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.300 History: PUC 5-2011, f. & cert. ef. 9-7-11 PUC 8-2007, f. & cert. ef. 7-27-07
860-039-0015 Installation, Operation, Maintenance, and Testing of Net Metering Facilities (1) Except for customer-generators established as net metering customers prior to the effective date of this rule, a customer-generator of a public utility must install, operate and maintain a net metering facility in compliance with IEEE 1547 and IEEE 1547.1. (2) Except for customer-generators established as net metering customers prior to the effective date of this rule, a customer-generator of a public utility must install and maintain a manual disconnect switch that will disconnect the net metering facility from the public utility’s system. The disconnect switch must be a lockable, load-break switch that plainly indicates whether it is in the open or closed position. The disconnect switch must be readily accessible to the public utility at all times and located within 10 feet of the public utility’s meter. (a) For customer services of 600 volts or less, a public utility may not require a disconnect switch for a net metering facility that is inverter-based with a maximum rating as shown below. (A) Service type: 240 Volts, Single-phase, 3 Wire — Maximum size 7.2 kW AC. (B) Service type: 120/208 Volts, 3-Phase, 4 Wire — Maximum size 10.5 kW AC. (C) Service type: 120/240 Volts, 3-Phase 4 Wire — Maximum size 12.5 kW AC. (D) Service type: 277/480, 3-Phase, 4 Wire — Maximum size 25.0 kW AC. (E) For other service types, the net metering facility must not impact the customer-generator’s service conductors by more than 30 amperes. (b) The disconnect switch may be located more than 10 feet from the public utility meter if permanent instructions are posted at the meter indicating the precise location of the disconnect switch. The public utility must approve the location of the disconnect switch prior to the installation of the net metering facility. (3) The customer-generator’s electric service may be disconnected by the public utility entirely if the net metering facility must be physically disconnected for any reason. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.300 History: PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024 PUC 4-2008, f. & cert. ef. 10-9-08 PUC 8-2007, f. & cert. ef. 7-27-07
860-039-0020 Net Metering Facility Requirements (1) To qualify for the Tier 1 and the Tier 2 interconnection review procedures set forth below, a net metering facility must be certified as complying with the following standards, as applicable: (a) IEEE 1547 standards; and (b) UL 1741, Third Edition, Supplement SB (2021). (2) An equipment package will be considered certified for interconnected operation if it has been submitted by a manufacturer to an NRTL and has been tested and listed by the laboratory for continuous interactive operation with an electric distribution system in compliance with the applicable codes and standards listed in section (1) of this rule. (3) If the equipment package has been tested and listed in accordance with this section as an integrated package, which includes a generator or other electric source, the equipment package will be deemed certified, and the public utility will not require further design review, testing or additional equipment. (4) If the equipment package includes only the interface components (switchgear, inverters, or other interface devices), an interconnection applicant must show that the generator or other electric source being utilized with the equipment package is compatible with the equipment package and consistent with the testing and listing specified for the package. If the generator or electric source being utilized with the equipment package is consistent with the testing and listing performed by the NRTL, the equipment package will be deemed certified, and the public utility will not require further design review, testing or additional equipment. (5) A net metering facility must be equipped with metering equipment that can measure the flow of electricity in both directions, comply with ANSI C12.1 standards and OAR 860-023-0015. The public utility will install the required metering equipment at the utility’s expense. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.300 History: PUC 3-2024, amend filed 04/09/2024, effective 04/09/2024 PUC 8-2007, f. & cert. ef. 7-27-07