justicedao/ipfs_state_laws huggingface dataset:
860-038-0001 Scope and Applicability of Rules (1) The rules contained in this division apply to electric companies and electricity service suppliers, except that these rules do not apply to an electric company serving fewer than 25,000 consumers in this state unless the electric company: (a) Offers direct access to any of its retail electricity consumers in this state; or (b) Offers to sell electricity services available under direct access to more than one retail electricity consumer of another electric company in this state. (2) Except as otherwise provided in these rules, an electric company must comply with all other divisions of OAR chapter 860. (3) OAR 860-038-0380, sections (1) through (9), apply to aggregators; section (10) applies to electric companies. (4) These rules shall not in any way relieve any entity from its duties under Oregon law. Upon request or its own motion, the Commission may waive any of the Division 038 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 11-2002, f. & cert. ef. 3-8-02 PUC 2-2001, f. & cert. ef. 1-5-01 PUC 17-2000, f. & cert. ef. 9-29-00
860-038-0100 Auction Process (1) Each electric company must follow the process provided in sections (2) and (3) of this rule for all generating resources, or portions thereof, that it intends to sell pursuant to the Resource Plan, unless it presents to the Commission, and the Commission approves, an alternative process. (2) The auction process will be the process adopted by the Commission in Order No. 99-765, except that affiliates of the electric company may participate in the auction as eligible buyers, in which case the auction will be subject to such requirements to assure independent decision making as the Commission may determine. (3) Unless otherwise provided in the Resource Plan, the electric company shall not begin its auction process until the Commission issues a final order valuing all of the electric company’s Oregon share of generating resources pursuant to a process to be established by rule. (4) Notwithstanding section (3) of this rule, the electric company may, at its option, immediately auction all or a portion of generating resources identified by the Commission as exempt from section (3) of this rule. Any such auction will be subject to ORS 757.480 and OAR 860-027-0025. (5) The electric company shall recover through the transition balancing account the costs of an auction process, including but not limited to the reasonable costs of investment bankers and other advisors. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 17-2000, f. & cert. ef. 9-29-00
860-038-0140 Ongoing Valuation (1) An electric company may use an ongoing valuation method to determine the transition costs or transition credits applicable to Oregon cost-of-service consumers until otherwise directed by the Commission. Except in the circumstances set forth in OAR 860-038-0080(5) and (6), an electric company will use an ongoing valuation method to determine the transition charges or transition credits applicable to Oregon cost-of-service consumers. (2) Each electric company will propose one or more ongoing valuation methods in the rate filings. Each method must, at a minimum, address: (a) How and over what period the electric company proposes to establish the fixed costs of included generating resources; (b) How and over what period the electric company proposes to establish the variable costs of included generating resources; (c) How and over what period the electric company proposes to establish the availability and output of included generating resources; (d) How and over what period the electric company proposes to establish the market value of the output of included generating resources; and (e) How and when revisions should be made in the method. (3) An electric company may propose to include in its tariffs expedited procedures, which shall include an opportunity for public comment, for determining the costs and value of an electric company's generating resources for purposes of determining transition charges and credits applicable under this rule. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 18-2002, f. & cert. ef. 10-17-02 PUC 17-2000, f. & cert. ef. 9-29-00
860-038-0170 Non-bypassable Charges (1) In determining whether a cost is appropriate for recovery as a non-bypassable charge, the Commission shall consider the following factors: (a) whether it is required by statute: (b) whether it is an uneconomic cost of implementing a public policy goal such as those identified in ORS 469A.465 or similar public policy goals related to reliability, equity, decarbonization, resiliency or other public interest for which retail consumers served by electricity service suppliers otherwise would not meaningfully contribute: (c) whether or not it confers a demonstrable electric system benefit on some customers over others: (d) whether it is in the public interest: (e) whether it is necessary to be non-bypassable under the Commission's discretion in order to establish fair. just, and reasonable rates and prevent unwarranted cost shifting. (2) All retail electricity consumers served by Direct Access are responsible for paying Non-bypassable Charges as determined by the Commission. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.600 - 757.667 History: PUC 9-2023, adopt filed 09/15/2023, effective 09/15/2023
860-038-0240 Cost-of-Service Rate (1) After March 1, 2002, an electric company must provide a cost-of-service rate option to cost-of-service consumers. Only one cost-of-service rate option may be offered by schedule to each class of consumers. (2) Unless a new residential or small nonresidential consumer elects otherwise, the electric company will serve the consumer under the cost-of-service option. (3) An electric company must develop cost-of-service rates as follows: (a) The cost-of service rates must be based on the unbundled costs identified through the application of OAR 860-038-0200; (b) The cost-of-service rates for any class of consumer must be based on the unbundled costs to serve that class; (c) The cost-of-service rates must include any additional electric company costs that are incurred when a consumer chooses to be served under the cost-of-service rate option; (d) The cost-of-service rates must exclude electric company costs that are avoided when a consumer chooses to be served under the cost-of-service rate option; (e) An electric company may impose nonrecurring charges to recover the administrative costs of changing suppliers or rate options; and (f) Rates must be established so that costs associated with the development or offering of rate options are assigned to the retail electricity consumers eligible to choose such rate options. (4) An electric company must separately state in its tariffs transition charges or credits and the rates associated with the revenue requirement of retained resources and purchases assigned to residential and small nonresidential consumers. (5) An electric company must separately identify in its tariffs other credits or charges such as the credit associated with power supply contracts with the Bonneville Power Administration. (6) The electric company must design its cost-of-service rate for nonresidential consumers and one-time charges associated with returning to a cost-of-service rate so that residential consumers served under a cost-of-service rate are not assigned costs associated with other classes of consumers switching between direct access or standard offer and the cost-of-service rate. The electric company may limit switching through enrollment periods or by requiring minimum terms of service. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 18-2002, f. & cert. ef. 10-17-02 PUC 11-2002, f. & cert. ef. 3-8-02 PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-02 PUC 17-2000, f. & cert. ef. 9-29-00
860-038-0250 Nonresidential Standard Offer (1) By March 1, 2002, each electric company shall provide one or more standard offer rate options to large nonresidential retail electricity consumers and one or more standard offer rate options to small nonresidential consumers. Each electric company must designate one of the standard offers available to each customer class as the non-emergency default supply option. (2) An electric company must develop the standard offer rate as follows: (a) A standard offer rate option shall be a tariff approved by the Commission, which is priced based on supply purchases made on a competitive basis from the wholesale market plus the transition credit or transition charge, if any, and all other unbundled costs of providing standard offer service. A standard offer rate must reflect the full costs of providing standard offer service; (b) The standard offer rates for any class of customer must be based on the unbundled costs to serve that class; (c) The standard offer rates must include any additional electric company costs that are incurred when a consumer chooses to be served under the standard offer rate option; (d) The standard offer rates must exclude electric company costs that are avoided when a consumer chooses to be served under the standard offer rate option; (e) An electric company may impose nonrecurring charges to recover the administrative costs of changing suppliers or rate options; and (f) Rates must be established so that costs associated with the development or offering of rate options are assigned to the retail electricity consumers eligible to choose such rate options. (g) An electric company may offer a cost-of-service rate to large nonresidential consumers in lieu of a one-year standard offer rate option. (3) Nonresidential cost-of-service consumers who do not choose direct access or a specific standard offer service will be served under the cost-of-service rate until they choose another service option. Large nonresidential consumers who are not cost-of-service consumers will be served under the non-emergency default supply option unless they elect direct access or a different standard offer service. (4) An electric company must, for nonresidential consumers, identify any applicable transition charges or credits. (5) An electric company must separately identify other credits or charges such as the credit associated with power supply contracts with the Bonneville Power Administration. (6) The notice and deposit requirements listed in OAR 860-038-0280(4) and (5) apply to standard offer service. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 18-2002, f. & cert. ef. 10-17-02 PUC 11-2002, f. & cert. ef. 3-8-02 PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-02 PUC 17-2000, f. & cert. ef. 9-29-00
860-038-0275 Direct Access Annual Announcement and Election Period (1) On November 15 of each year (or the next business day if November 15 falls on a Saturday, Sunday, or legal holiday as defined by ORS 187.010), each electric company must announce the prices to be charged for electricity services in the next calendar year. The date on which the electric companies are required to announce such prices is "the Announcement Date." (2) Electric companies must allow retail electricity customers that are eligible for direct access at least five business days after the Announcement Date to choose service under a cost-of-service rate option or to purchase electricity from either an electricity service supplier through direct access or an electric company through a standard rate offer. (3) At least five business days before the Announcement Date, electric companies and electricity service suppliers must announce, and post on their websites, estimates of prices for electricity services in the subsequent calendar year or subsequent contract period if different than a calendar year: (a) All electric companies and electricity service suppliers must continuously post the estimated prices announced under this rule on their websites until the Announcement Date. (b) Electric companies' estimated prices will be the companies' estimates of the electricity service prices that will be in effect for the calendar year subsequent to the Announcement Date. (c) Electricity service suppliers will determine estimated prices that will allow electricity consumers to compare the estimated prices of the electric company and electricity service supplier for the subsequent calendar year, or contract period if different than a calendar year. (d) Announcing estimated prices as required by this rule creates no obligation on the part of the electric companies and/or electricity service suppliers to provide electricity service to any consumer at the estimated prices. (e) If an electricity service supplier does not intend to sell electricity services in the subsequent calendar year or contract period, the electricity service supplier must announce, and post on a web site, that it does not intend to sell electricity services in the subsequent calendar year or contract period. (4) Thirty days prior to the Announcement Date, electric companies and electricity service suppliers shall provide to the Commission a URL address for a website where the individual electric company or electricity service supplier will post prices and announcements as prescribed by this rule. The Commission will post the URL addresses on its website. (5) At least once each year, electric companies must offer customers a multi-year direct access program with an associated fixed transition adjustment. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 13-2004, f. & cert. ef. 8-31-04
860-038-0280 Default Supply (1) Default supply is an alternative available to nonresidential consumers served by direct access. (2) The two types of default supply are emergency as defined in OAR 860-038-0005 and standard offer as defined in OAR 860-038-0250. (3) Each electric company must provide the emergency option as follows: (a) Emergency default service commences when an electric company is informed by the ESS or nonresidential consumer, or becomes aware, that an ESS is no longer providing service; and (b) Each electric company must file tariffs with the Commission that include the emergency service option. An electric company must design emergency service rates to recover its costs of providing such service. (4) A nonresidential consumer must give the electric company notice of intent to purchase or terminate purchase of standard offer service consistent with the applicable tariff provision. (5) An electric company may require a deposit from a consumer applying to receive emergency default service or standard offer service. The electric company may disconnect a consumer receiving default service or standard offer service subject to OAR 860-021-0305 and 860-021-0505. (6) Unless otherwise directed by a nonresidential consumer, an electric company must move an emergency service consumer from emergency default service to standard offer service within five business days of the nonresidential consumer’s initial purchase of emergency default service. This provision does not limit a consumer’s right to return from emergency default service or standard offer service to direct access. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 18-2002, f. & cert. ef. 10-17-02 PUC 17-2000, f. & cert. ef. 9-29-00
860-038-0340 Electric Company Ancillary Services (1) This rule applies to those ancillary services that are not within the exclusive jurisdiction of the Federal Energy Regulatory Commission. (2) The Commission may require an electric company to provide ancillary services to facilitate direct access to consumers. (3) The Commission may decide which ancillary services a direct access consumer may purchase directly from electricity service suppliers. (4) An electric company must provide ancillary services to facilitate direct access that are comparable to the services it provides for its own retail electricity consumers. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 17-2000, f. & cert. ef. 9-29-00
860-038-0360 Electric Company Customer Metering Requirements (1) The electric company must own/lease, install, test, read, remove, and maintain a customer meter for each retail electricity consumer receiving metered distribution services. (2) The electric company’s meter reading must be the basis for the electric company charges billed to the retail electricity consumer. The electric company must provide the results of the meter reading to the consumer’s ESS in a timely manner, comparable to the provision of such information to its own non-distribution divisions, affiliates, and related parties for direct access customers served by those divisions, affiliates, and related parties. The electric company must not disclose meter data to any entity or person other than the retail electricity consumer, the consumer’s ESS, or the Commission unless written authorization is obtained from the retail electricity consumer. (3) The electric company must make available a standard meter and metering services to each retail electricity consumer that are adequate for the billing and other requirements of the electric company. (4) The electric company must offer meters and metering services, other than the standard meters and metering services, that are necessary for an ESS to provide service to a retail electricity consumer. If an ESS requests that the electric company offer a specific meter capability or function or metering service, the electric company must consider and approve or deny the request within 10 business days. If the request is approved, the electric company must file rates with the Commission for such meter or metering service within 30 days. If the request is denied, the ESS may appeal the decision to the Commission. The electric company must establish charges for different meter capabilities or functions and metering services subject to approval by the Commission. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 17-2000, f. & cert. ef. 9-29-00
860-038-0380 Aggregation (1) For purposes of ensuring compliance with Commission standards for consumer protection, an aggregator must be registered by the Commission to combine retail electricity consumers in the service territory of an electric company into a buying group for the purchase of electricity and related services. (2) The initial registration fee is $50. (3) The annual renewal fee is $25. (4) At a minimum, the aggregator must supply the following information: (a) Name of aggregator; (b) Name, address, and phone number of the aggregator’s regulatory contact; and (c) A signed statement from an authorized representative of the aggregator declaring that all information provided is true and correct. (5) At a minimum, the aggregator must attest that it will: (a) Furnish to consumers a toll-free number or local number that is staffed during normal business hours to enable a consumer to resolve complaints or billing disputes and a statement of the aggregator’s terms and conditions that detail the consumer’s rights and responsibilities; (b) Comply with all applicable state and federal laws, rules, and Commission orders applicable to aggregators; and (c) Adequately respond to Commission information requests applicable to aggregators and related to the provisions of this rule within 10 business days. (6) An aggregator must take all reasonable steps, including corrective actions, to ensure that persons or agents hired by the aggregator, including but not limited to officers, directors, agents, employees, representatives, successors, and assigns adhere at all times to the terms of all state and federal laws, rules, and Commission orders applicable to aggregators. (7) Annually, 30 days prior to expiration, a registered aggregator must notify the Commission that it will not be renewing its registration or it must renew its registration by submitting an application for renewal that includes an update of information specified in section (4) of this rule. The aggregator must state that it continues to attest that it will meet the requirements of section (5) of this rule. The authorized representative of the aggregator must state that all information provided is true and correct and sign the renewal application. The renewal is granted for a period of one year from the expiration date of the prior registration. (8) No aggregator may make material misrepresentations in consumer solicitations, agreements, or in the administration of consumer contracts. Aggregators may not engage in dishonesty, fraud, or deceit that benefits the aggregator or disadvantages consumers. (9) An aggregator must promptly report to the Commission any circumstances or events that materially alter information provided to the Commission in the registration process. (10) The electric company must allow aggregation of electricity loads, pursuant to ORS 757, which may include aggregation of demand for other services available under direct access. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 2-2001, f. & cert. ef. 1-5-01
860-038-0410 Scheduling (1) Each ESS shall be certified as either scheduling or nonscheduling. (2) Each scheduling ESS shall schedule the resources to serve the direct access loads for which it has scheduling responsibility with the appropriate control area operators. Scheduling shall be in accordance with all generally accepted regional and Western Electricity Coordinating Council rules and guidelines. (a) Only a single scheduling ESS may schedule all the resources and other services for any single direct access consumer. Multiple ESSs may provide services to any individual direct access consumer, but only through a single scheduling ESS; (b) Each scheduling ESS shall be responsible for ensuring that all necessary point-to-point transmission services have been acquired across the facilities of third parties, above and beyond the network integration transmission service provided on the facilities of the electric company to serve the direct access loads for which it has scheduling responsibility; (c) Each scheduling ESS shall be responsible for forecasting the requirements for serving the direct access loads for which it has scheduling responsibility and arranging for resources; (d) Each scheduling ESS shall be responsible for settling imbalances with electric companies for the total resources and direct access loads for which it has scheduling responsibility. (3) A nonscheduling ESS must contract with a scheduling ESS or control area operator for all scheduling services. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.667 History: PUC 7-2005, f. & cert. ef. 11-30-05 PUC 17-2000, f. & cert. ef. 9-29-00
860-038-0450 Location of Underground Facilities An ESS and its customers shall comply with requirements of chapter 952 regarding the prevention of damage to underground facilities. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.542 - 757.562 & 757.649 History: PUC 23-2001, f. & cert. ef. 10-11-01
860-038-0460 Construction, Safety, and Reporting Standards for Electricity Service Suppliers An ESS shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.035, 757.039 & 757.649 History: PUC 23-2001, f. & cert. ef. 10-11-01