reglab/housing_qa huggingface dataset:
OR Rev Stat § 758.305 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.305 - Exclusive service territories.

(1) Designated service territories of a water utility approved by the Public Utility Commission shall be exclusive. A water utility or community water supply system shall not provide water utility service within the designated exclusive service territory of another water utility without the express approval of the commission. (2) A water utility shall serve only customers within its designated exclusive service territory and shall serve all applicants for service within its designated territory. The water utility may refuse service only as provided by commission rule. (3) Upon petition by the water utility for an order, or by the commission on its own motion, a designated service territory may be expanded to include unserved areas. In reviewing a petition, the commission shall consider at least the current ability of the water utility to serve the expanded area, the demand for service in the expanded area, the impact on existing customers and the availability of alternative service. The commission may take other factors into consideration as prescribed by commission rule. Notice and hearing of the proposed expansion shall be given as provided in ORS 758.302. (4) Upon petition by the water utility or a customer of the utility for an order, or by the commission on its own motion, a designated exclusive service territory may be decreased upon a showing that the water utility is not providing adequate service to its customers or does not have the capacity to serve the designated area. Notice of the proposed decrease of service territory shall be given as provided in ORS 758.302. [1999 c.695 §6] Note: See note under 758.300.
OR Rev Stat § 758.310 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.310 - Assignment or transfer of rights in exclusive service territory; approval of commission.

(1) The rights acquired by the designation of an exclusive service territory may be assigned or transferred only with the approval of the Public Utility Commission after a finding that the assignment or transfer is in the public interest. However, a hearing is not required if at least 75 percent of the affected customers agree to the proposed assignment or transfer. (2) An order designating an exclusive service territory shall not be construed to confer any property right. However, upon the death of an applicant under an approved designation, the executor or administrator shall continue operating the water utility for the purpose of transferring such rights for a period not to exceed two years from the date of death. (3) The territory served by a water utility under an order of the commission designating exclusive service territory shall not be altered solely as the result of a change in ownership or form of ownership. [1999 c.695 §5] Note: See note under 758.300.
OR Rev Stat § 758.315 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.315 - Water utility service provided by persons not designated by commission; remedy.

In the event a designated exclusive service territory is served by a person not authorized by the Public Utility Commission, the commission or the water utility designated by the commission to serve the area may file an action for injunctive relief in the circuit court for any county where some or all of the designated service territory is located. The action shall proceed as in an action not triable by right to a jury. Any party to the action may appeal to the Court of Appeals from the trial court’s order. An injunction ordered under this section shall be in addition to any other remedy provided by law. [1999 c.695 §7] Note: See note under 758.300.
OR Rev Stat § 758.320 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.320 - Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations; existing franchise; exception.

(1) The provisions of ORS 758.300 to 758.320 shall not be construed to restrict the powers granted to cities to issue franchises or to restrict the powers of condemnation of a municipality. (2) The provisions of ORS 758.300 to 758.320 shall not be construed to restrict the formation of homeowners associations pursuant to ORS chapter 94, cooperatives pursuant to ORS chapter 62 or districts pursuant to ORS chapter 198 within the designated exclusive service territory of a water utility. A homeowners association, cooperative or district may petition the Public Utility Commission for an order excluding the association, cooperative or district from the exclusive service territory of a water utility. Upon a showing by the association, cooperative or district that exclusion is not detrimental to the public interest, the commission may issue an order excluding the association, cooperative or district from the exclusive service territory of a water utility. (3) The commission shall recognize the service territories of a water utility that has an existing franchise on October 23, 1999, with a municipality as exclusive service territories. Upon application as provided in ORS 758.302, any such water utility may request an order from the commission to designate exclusive service territories in addition to those identified in the franchise agreement if the water utility is providing adequate and exclusive service to areas outside the areas identified in the franchise agreement. (4) A district, as defined in ORS 198.010, that provides water utility service shall be exempt from the requirements of ORS 758.302. However, upon request of the commission, the district shall provide to the commission a map of its service territory and shall in all other respects comply with the requirements of ORS 758.300 to 758.320. [1999 c.695 §8; 2003 c.202 §6] Note: See note under 758.300.
OR Rev Stat § 758.400 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.400 - Definitions for ORS 758.015 and 758.400 to 758.475.

As used in ORS 758.015 and 758.400 to 758.475 unless the context requires otherwise: (1) "Allocated territory" means an area with boundaries established by a contract between persons furnishing a similar utility service and approved by the Public Utility Commission or established by an order of the commission approving an application for the allocation of territory. (2) "Person" includes individuals, firms, partnerships, corporations, associations, cooperatives and municipalities, or their agent, lessee, trustee or referee. (3) "Utility service" means service provided by any equipment, plant or facility for the distribution of electricity to users or the distribution of natural or manufactured gas to consumers through a connected and interrelated distribution system. "Utility service" does not include service provided through or by the use of any equipment, plant or facilities for the production or transmission of electricity or gas which pass through or over but are not used to provide service in or do not terminate in an area allocated to another person providing a similar utility service. [Formerly 757.605; 1979 c.62 §2; 1985 c.550 §8; 1987 c.447 §101; 1999 c.59 §232]
OR Rev Stat § 758.405 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.405 - Purpose of ORS 758.400 to 758.475.

The elimination and future prevention of duplication of utility facilities is a matter of statewide concern; and in order to promote the efficient and economic use and development and the safety of operation of utility services while providing adequate and reasonable service to all territories and customers affected thereby, it is necessary to regulate in the manner provided in ORS 758.400 to 758.475 all persons and entities providing utility services. [Formerly 757.610]
OR Rev Stat § 758.410 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.410 - Contracts for allocation of territories and customers; transfer of facilities.

(1) Any person providing a utility service may contract with any other person providing a similar utility service for the purpose of allocating territories and customers between the parties and designating which territories and customers are to be served by which of said contracting parties; and the territories and customers so allocated and designated may include all or any portion of the territories and customers which are being served by either or both of the parties at the time the contract is entered into, or which could be economically served by the then existing facilities of either party, or by reasonable and economic extensions thereto. (2) Any such contracting parties may also contract in writing for the sale, exchange, transfer, or lease of equipment or facilities located within territory which is the subject of the allocation agreed upon pursuant to subsection (1) of this section. Any sale, exchange, transfer or lease of equipment, plant or facilities made pursuant to this subsection by any person which is a "public utility" as defined in ORS 757.005 is also subject to the approval of the Public Utility Commission to the extent required by ORS chapter 757. (3) The commission may approve a contract entered into under this section that authorizes Coos County to construct a natural gas pipeline into allocated territory in Coos County and that contains terms for the allocation of industrial customers in Coos County between the county and the other party to the contract. The contract need not specify the territory in which industrial customers subject to the allocation are located. The commission may approve the provisions of a contract under this subsection that govern allocation of industrial customers only if the commission determines that the provisions promote the purposes specified in ORS 758.405. The commission shall actively supervise the implementation of any contract entered into pursuant to this subsection to ensure that the contract continues to promote the purposes specified in ORS 758.405. A contract entered into under this subsection is not subject to ORS 758.420 (2). [Formerly 757.615; 2003 c.32 §1]
OR Rev Stat § 758.415 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.415 - Enforceability of contract approved by commission; conditions for approval.

Notwithstanding any other provisions of law, a contract entered into pursuant to ORS 758.410, when approved by the Public Utility Commission as provided in ORS 758.420 to 758.475, shall be valid and enforceable; provided, that the commission shall approve such a contract only if the commission finds, after a hearing as provided in ORS 758.420 to 758.475, that the contract will eliminate or avoid unnecessary duplicating facilities, and will promote the efficient and economic use and development and the safety of operation of the utility systems of the parties to the contract, while providing adequate and reasonable service to all territories and customers affected thereby. [Formerly 757.620]
OR Rev Stat § 758.420 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.420 - Filing of contract; hearing on contract; notice.

(1) A contract entered into pursuant to ORS 758.410 shall be promptly filed with the Public Utility Commission, and the commission shall, within 30 days after such filing, give notice of such filing. If the commission chooses or if any customer or customers request a hearing on the matter within 30 days of the notice, the commission shall hold a hearing by telephone or in person. The commission shall give notice of such hearing within 30 days of the customer’s request which notice shall set the date and place of hearing on the question as to whether or not such contract will be approved. The hearing shall be held at a place within or conveniently accessible to the territories affected by the contract. (2) The commission shall publish notice of the filing in a newspaper or newspapers of general circulation in each of the territories affected by the contract. Each such notice shall be published at least once weekly for two successive weeks. [Formerly 757.625; 1985 c.633 §3]
OR Rev Stat § 758.425 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.425 - Order of commission on contract.

(1) On the basis of the applicant’s filing or, if there is a hearing, on the record made at the hearing held pursuant to ORS 758.420, the Public Utility Commission shall enter an order either approving or disapproving the contract as filed, together with any appropriate findings of the facts supporting such order. (2) An order of the commission under this section is subject to judicial review in the manner provided by ORS 756.610. (3) If the commission approves a contract and a petition for judicial review is not filed, the contract shall be deemed to be valid and enforceable for all purposes from the date on which the right to file a petition for judicial review expires. [Formerly 757.630; 1985 c.633 §4; 2005 c.638 §13; 2017 c.312 §8]
OR Rev Stat § 758.430 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.430 - Amendment of contract; approval of commission.

Any contract that has been approved as provided in ORS 758.400 to 758.475 may be subsequently amended by the parties thereto, but any such amendatory agreement shall be filed with the Public Utility Commission and shall thereafter be approved or disapproved by the commission in the manner provided in ORS 758.420 and 758.425. However, no hearing is required if all affected customers approve the amendatory agreement. An amendatory agreement may be enforced in the manner provided in ORS 758.465. [Formerly 757.635; 1983 c.540 §5]
OR Rev Stat § 758.435 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.435 - Application for allocation of territory; hearing; notice.

(1) Any person providing a utility service in a territory that is not served by another person providing a similar utility service may make application to the Public Utility Commission for an order allocating such territory to it. The application may include any adjacent area that it is more economical and feasible to serve by an extension of the applicant’s existing facilities than by an extension of the facilities of another person. (2) The commission shall within 30 days after the filing of such application give notice of the filing. If the commission chooses, or if a customer requests a hearing on the matter within 30 days of the notice, the commission shall hold a hearing by telephone or in person. The commission shall give notice of the hearing within 30 days of the request which notice shall set the date and place of hearing. The hearing shall be held at a place within or conveniently accessible to the territory covered by the application. Notice of the filing shall be by publication in a newspaper or newspapers of general circulation in the territory covered by the application and shall be published at least once weekly for two successive weeks. Written notice of the filing shall be given to providers of similar utility service in adjacent territory. (3) Territory within the limits of a city, as fixed on May 31, 1961, shall not be deemed to be served exclusively by any person, if such city is, on such date, served by more than one person having necessary municipal or franchise authority to serve within the entire city. [Formerly 757.640; 1985 c.633 §1]
OR Rev Stat § 758.440 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.440 - Order of commission on application.

(1) On the basis of the application, or, if there is a hearing, on the record made at the hearing held pursuant to ORS 758.435, the Public Utility Commission shall enter an order either approving or disapproving the application as filed, or as amended, together with findings of the facts supporting such order. (2) The commission, before approving an application for the allocation of territory, shall find that the applicant is exclusively serving the territory covered by the application and in the case of an adjacent unserved area that it is more economical and feasible to serve by an extension of the applicant’s existing facilities than by an extension of the facilities of another person. [Formerly 757.645; 1985 c.633 §2]
OR Rev Stat § 758.445 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.445 - Judicial review of order on application.

An order of the Public Utility Commission under ORS 758.440 is subject to judicial review in the manner provided by ORS 756.610. If a petition for judicial review is not filed within the specified time, the order shall thereafter be valid and enforceable for the purposes herein specified from the date on which the right to file a petition for judicial review expires. [Formerly 757.650; 2005 c.638 §14; 2017 c.312 §9]
OR Rev Stat § 758.450 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.450 - Contract required for allocation of territory; prohibited activities; exceptions; third party financing.

(1) Territory served by more than one person providing similar utility service may only become an allocated territory by a contract approved by the Public Utility Commission. (2) Except as provided in subsection (4) of this section, no other person shall offer, construct or extend utility service in or into an allocated territory. (3) Except as provided in subsection (4) of this section, during the pendency of an application for an allocation of exclusively served territory, no person other than applicant shall offer, construct or extend utility service in or into the territory applied for; nor shall any person, without the express consent of the commission, offer, construct or extend utility service in or into any unserved territory which is the subject of a filing pending before the commission under ORS 758.420 or 758.435. (4) The provisions of ORS 758.400 to 758.475 do not apply to any corporation, company, individual or association of individuals providing heat, light or power: (a) From any energy resource to fewer than 20 customers, if it began providing service to a customer prior to July 14, 1985; (b) From any energy resource to fewer than 20 residential customers so long as the corporation, company, individual or association of individuals serves only residential customers; (c) From solar or wind resources to any number of customers; or (d) From biogas, waste heat or geothermal resources for nonelectric generation purposes to any number of customers. (5) Nothing in subsection (4) of this section shall prohibit third party financing of acquisition or development by a utility customer of energy resources to meet the heat, light or power requirements of that customer. [Formerly 757.652; 1981 c.360 §2; 1985 c.779 §2]
OR Rev Stat § 758.455 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.455 - Investigation by commission respecting contracts or applications; hearing procedure.

(1) The Public Utility Commission may make such investigations respecting a contract or an application for the allocation of territory as the commission deems proper including the physical examinations and evaluations of the facilities and systems of the parties to the contract, estimates of their operating costs and revenues and studies of such other information as the commission deems pertinent. (2) Insofar as applicable and consistent herewith, the provisions of ORS 756.500 to 756.610 shall govern the conduct of hearings. (3) In considering competing applications to serve the same territory, there shall be a disputable presumption that applicants have an equal ability to extend, improve, enlarge, build, operate and maintain existing or proposed facilities. [Formerly 757.655]
OR Rev Stat § 758.460 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.460 - Assignment or transfer of rights acquired by allocation; approval of commission.

(1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a finding that such assignment or transfer is not contrary to the public interest. However, no hearing is required if all affected customers agree to the proposed assignment or transfer. (2) No approved contract or order approving an allocation of territory shall be construed to confer any property right; providing, however, upon the death of an individual who is a party to an approved contract or the applicant under an approved order, the executor or administrator shall continue the operation thereunder for the purpose of transferring such rights for a period of not to exceed two years from the date of death. (3) In the event the property of a person serving an allocated territory is condemned, no value shall be claimed or awarded by reason of the contract or order making such allocation. [Formerly 757.670; 1983 c.540 §6]
OR Rev Stat § 758.465 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.465 - Enforcement procedure.

In the event a contract approved by the Public Utility Commission is breached or in the event an allocated territory is served by a person not authorized by such contract, or order of the commission, the aggrieved person or the commission may file an action in the circuit court for any county in which is located some or all of the allocated territory allegedly involved in said breach or invasion, for an injunction against said alleged breach or invasion. The trial of such action shall proceed as in an action not triable by right to a jury. Any party may appeal to the Court of Appeals from the court’s judgment, as in other equity cases. The remedy provided in this section shall be in addition to any other remedy provided by law. [Formerly 757.675; 1979 c.284 §198; 2003 c.576 §561]