reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 26 - SALES PROMOTION › Section 860-026-0010 - "Promotional Activity" Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Promotional activity" means action by an energy or large
				telecommunications utility or its affiliate with the objective of increasing or
				preventing a decrease in the quantity of the energy or large telecommunications
				utility's service used by present and prospective customers; inducing any
				person to use an energy utility's service rather than a competing form of
				energy, the cost of which is properly chargeable to account number 911, 912,
				913, or 916 of the Uniform System of Accounts as adopted by OARs 860-027-0045 and 860-027-0055; or inducing any person to use a large telecommunications
				utility's service rather than a competitive provider's
				service.
Stat. Auth.: ORS 183, ORS 756 & ORS 759
Stats. Implemented: ORS
				  756.040 & ORS
				  759.267
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 26 - SALES PROMOTION › Section 860-026-0015 - "Promotional Concession" Defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Promotional concession" means any consideration offered or granted by an
			 energy or large telecommunications utility or its affiliate to any person with
			 the object, express or implied, of inducing such person to select or use the
			 service or additional service of such utility, or to select or install any
			 appliance or equipment designed to use such utility service.
(2) For purposes of illustration, and without
			 limiting the definition in section (1) of this rule, "promotional concession"
			 includes:
(a) Financing real property,
			 including the construction of any building thereon, when such property is not
			 owned or otherwise possessed by and not intended for the immediate use of the
			 energy or large telecommunications utility or its affiliate;
(b) Furnishing consideration to any
			 architect, builder, engineer, subdivider, developer, or other person for work
			 done or to be done on property not owned or otherwise possessed by and not
			 intended for the immediate use of the energy or large telecommunications
			 utility or its affiliate; except for studies to determine comparative capital
			 cost and expenses to show the desirability or feasibility of selecting one form
			 of energy over another;
(c)
			 Acquisition from any builder, subdivider, developer, or other person of any
			 easement, right-of-way, license, lease or other property for consideration in
			 excess of the reasonable cost or value thereof;
(d) Furnishing consideration to any dealer,
			 architect, builder, engineer, subdivider, developer, or other person for the
			 sale, installation or use of any appliance or equipment;
(e) Providing free, or at less than cost or
			 value, any wiring, piping, appliance, or equipment to any other person; but an
			 energy or large telecommunications utility, engaged in an appliance
			 merchandising sales program, is not precluded from conducting legitimate
			 close-outs of appliances, clearance sales and sales of damage or returned
			 appliances;
(f) Providing free, or
			 at less than cost or value, any installation, operation, repair, modification,
			 or maintenance of any appliance, equipment, wiring or piping of any other
			 person;
(g) Granting a trade-in
			 allowance on the purchase of any appliance or equipment in excess of the fair
			 market value of the trade-in; or the granting of an allowance for such
			 appliance or equipment when such allowance varies by reason of the type of
			 energy consumed in such appliance or equipment;
(h) Financing the acquisition of any
			 appliance or equipment at a rate of interest or on terms more favorable than
			 those generally applicable to sales by nonutility dealers in such appliances or
			 equipment;
(i) Furnishing
			 consideration to any person for any advertising or publicity purpose of such
			 person; and
(j) Guaranteeing the
			 maximum cost of electric or gas utility service.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 26 - SALES PROMOTION › Section 860-026-0020 - Standards Governing Promotional Activities and Concessions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All promotional
			 activities and concessions shall be just and reasonable, prudent as a business
			 practice, economically feasible and compensatory, and reasonably beneficial
			 both to the energy or large telecommunications utility and its customers. The
			 cost of promotional activities and concessions must not be so large as to
			 impose an undue burden on the energy or large telecommunications utility's
			 customers in general and must be recoverable through related sales stimulation
			 within a reasonable time.
(2) No
			 energy or large telecommunications utility or its affiliate shall:
(a) Directly or indirectly, in any manner or
			 by any device whatsoever, offer or grant any promotional concession except such
			 as is uniformly and contemporaneously extended to all persons in a reasonably
			 defined class;
(b) Engage in any
			 promotional concession that creates an undue preference or advantage to any
			 person or subjects any person to any undue prejudice or disadvantage;
(c) Engage in any promotional concession that
			 establishes or maintains any unreasonable difference between localities or as
			 between classes of customer; or
(d)
			 Insert, or seek to enforce, any covenant or other provisions in any deed,
			 mortgage, lease, or any other instrument related to realty that restricts the
			 form of energy which may be used upon such realty.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 26 - SALES PROMOTION › Section 860-026-0022 - Presumptions of Reasonableness of Advertising Expenses in Utility Rate Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule:
(a) "Advertising Expenses" means
			 expenses for communications which inform, influence, and/or educate customers.
			 Such communication may be by means of, but is not limited to, print, radio,
			 television, billboards, direct mail, videos, banners, telephone listings, and
			 displays;
(b) "Conservation
			 Advertising Expenses" means advertising expenses, the primary purpose of which
			 is to decrease the total consumption of utility services;
(c) "Institutional Advertising Expenses"
			 means advertising expenses, the primary purpose of which is not to convey
			 information, but to enhance the credibility, reputation, character, or image of
			 an entity or institution;
(d)
			 "Legally Mandated Advertising Expenses" means advertising expenses, the primary
			 purpose of which is to comply with:
(A) Local,
			 state, or federal statutes, ordinances, rules, or regulations; and
(B) Court or Commission's orders.
(e) "Political Advertising
			 Expenses" means advertising expenses, the primary purpose of which is to state
			 or imply that persons should take a specific political action;
(f) "Promotional Advertising Expenses" means
			 advertising expenses, the primary purpose of which is to communicate with
			 respect to an energy or large telecommunications utility's promotional
			 activities or promotional concessions, as defined in OARs 860-026-0010  and
			 860-026-0015;
(g) "Utility
			 Information Advertising Expenses" means advertising expenses, the primary
			 purpose of which is to increase customer understanding of utility systems and
			 the function of those systems, and to discuss generation and transmission
			 methods, utility expenses, rate structures, rate increases, load forecasting,
			 environmental considerations, and other contemporary items of customer
			 interest;
(h) "Utility Service
			 Advertising Expenses" means advertising expenses, the primary purpose of which
			 is to supply timely customer information about utility services such as changes
			 in office hours, planned service repair interruptions, the closing or opening
			 of new pay stations, or to encourage efficient and safe use of utility services
			 and similar service-related subjects;
(i) "Nonutility Advertising Expenses" means
			 advertising expenses, the primary purpose of which is to provide information
			 about or encourage purchase of products or services whose revenues fall outside
			 the scope of rate of return regulation by a state or federal regulatory
			 body;
(j) "Energy Efficiency
			 Advertising Expenses" means advertising expenses, the primary purpose of which
			 is to promote energy efficiency, as defined in OAR 860-026-0005(7).
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 26 - SALES PROMOTION › Section 860-026-0025 - Filing of Proposed Promotional Concessions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An energy utility or its affiliate shall
			 not offer, grant, or vary any promotional concession directly or indirectly, or
			 in concert with others, or by any means whatsoever, unless the energy utility
			 has filed a description of such concession with the Commission. The energy
			 utility shall furnish a copy of the filing to each other energy utility
			 providing service in any portion of the service area of the filing
			 utility.
(2) A large
			 telecommunications utility shall not:
(a)
			 Offer, grant, or vary any promotional concession for a regulated service
			 directly or indirectly, or in concert with others, or by any means whatsoever,
			 unless the large telecommunications utility has filed a description of such
			 concession with the Commission; and
(b) Promote any regulated service, directly
			 or indirectly, for more than a total of 180 days in any 12-month
			 period.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 26 - SALES PROMOTION › Section 860-026-0030 - Notice and Effective Date of Promotional Concessions for Energy Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
All filings required from energy utilities by OAR 860-026-0025 shall be effective upon 30 days' notice to the Commission, subject to
				suspension and cancellation by the Commission. However, the Commission may
				allow changes without requiring the 30 days' notice by entering an order
				specifying the changes to be made and the time when they shall take
				effect.
Stat. Auth.: ORS 183 & ORS 756
Stats. Implemented: ORS
				  757.007 & ORS
				  757.220
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 26 - SALES PROMOTION › Section 860-026-0035 - Reports of Promotional Activities and Concessions for Energy Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each energy
			 utility shall file, concurrently with the annual report required by law, a
			 report of each promotional activity and concession of the utility and its
			 affiliates during the preceding calendar year. The report shall show the
			 amounts expended with respect to each promotional activity and concession and a
			 statement of the benefits achieved from each.
(2) In reporting on each promotional activity
			 or concession under this rule, an energy utility shall employ the lowest
			 practicable subprogram for budget and accounting purposes.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 26 - SALES PROMOTION › Section 860-026-0040 - Investigations of Promotional Activities and Concessions

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing in OAR 860-026-0005  through 860-026-0040  is intended to
				prevent the Commission from investigating, either formally or informally, any
				promotional activity or concession, or the costs thereof, of any energy or
				large telecommunications utility.
Stat. Auth.: ORS 183 & ORS 756
Stats. Implemented: ORS
				  756.040 & ORS
				  756.070 - ORS
				  756.115
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 26 - SALES PROMOTION › Section 860-026-0045 - Promotional Concessions Offered or Granted on the Effective Date of These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding OARs 860-026-0025  and 860-026-0030, any promotional concession
			 offered or granted by an energy or large telecommunications utility or its
			 affiliate before July 1, 1971, may remain in force, subject to suspension and
			 cancellation, if:
(a) A description of such
			 concession was filed with the Commission not later than 5 p.m., June 30,
			 1971;
(b) Such filing includes a
			 statement signed by the responsible officer of the energy or large
			 telecommunications utility that any such promotional concession is in
			 compliance with OAR 860-026-0020; and
(c) A copy of the description of such
			 concession has been furnished to each other utility providing service in any
			 portion of the service area of the filing utility.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0000 - Applicability of Division 27

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules contained in this Division apply to energy utilities and large
			 telecommunications utilities, as defined in OAR 860-027-0001.
(2) Upon request or its own motion, the
			 Commission may waive any of the Division 027 rules for good cause shown. A
			 request for waiver must be made in writing, unless otherwise allowed by the
			 Commission.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  759.030,
				  759.040 &
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0001 - Definitions for Utility Budgets, Finance, Accounting, and Annual Reports

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this Division, except when a different scope is
				explicitly stated:
(1) "Energy
			 utility" means a public utility as defined in ORS
			 757.005 except a water utility
			 or wastewater utility. An energy utility can be an "electric company," "gas
			 utility," or "steam heat utility."
(2) "Large telecommunications utility" means
			 any telecommunications utility, as defined in ORS
			 759.005, that is not partially
			 exempt from regulation under
			 759.040.
(3) "Utility" means all energy utilities and
			 telecommunications utilities, as defined in sections (1) and (2) of this
			 rule.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040 &
				  759.005
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0005 - Utilities Required to File Reports

Current through Register Vol. 63, No. 7, July 1, 2024
Each energy utility operating within Oregon and having gross
				operating revenues of $50,000 or more per annum is required to file with the
				Commission on or before March 31 of each year, a copy of its proposed Budget of
				Expenditures, on forms approved by the Commission.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.105 &
				  757.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0015 - New Construction Budget

Current through Register Vol. 63, No. 7, July 1, 2024
Each energy utility operating within Oregon is required to file
				annually on or before March 31 on forms approved by the Commission information
				on new construction, extensions, and additions to the utility's
				property.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.105 &
				  757.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0016 - Accounting for Director's Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Directors' fees paid by an energy or large telecommunications
				utility to members of its board of directors, who are also paid as officers of
				the energy or large telecommunications utility, shall not be recognized as a
				charge to operating expenses in Oregon.
Stat. Auth.: ORS 183, ORS 756, ORS 757 & ORS 759
Stats. Implemented: ORS
				  757.110 & ORS
				  759.115
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0020 - Form and Filing of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission will furnish such
			 information from the records on file as will assist in a full presentation of
			 material facts for the following application forms.
(2) When any document required to be filed
			 under these rules has heretofore been filed with the Commission, it shall be
			 sufficient if the application makes reference to such filing and the capacity
			 in which it was filed.
(3) Where
			 the words "none" or "not applicable" truly and completely state the fact, they
			 should be used in answering the requirement of any particular section of this
			 rule.
(4) The Commission may
			 require additional information when it appears to be pertinent in a particular
			 case.
(5) Whenever these rules
			 require the energy or large telecommunications utility to file financial
			 statements, they shall be prepared as of the latest date available. The Income
			 Statement shall be for the most recent 12-month period.
Forms referenced in this rule are available from the
				  agency.
Stat. Auth.: ORS 183 & ORS 756
Stats. Implemented: ORS
				  756.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0031 - When the Commission May Reregulate Financings of Exempt Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
If any bond rating made by Standard and Poor's, Moody's, or
				Fitch for a large telecommunications utility exempt under ORS
				759.315(5) from
				the requirements of ORS
				759.310 and
				759.315(2)
				falls below "A," the Commission may find that reregulation of the large
				telecommunications utility under ORS
				759.310 and
				759.315(2) is
				necessary to prevent the impairment of service to customers.
Stat. Auth.: ORS
				  183.335, ORS
				  756.060 & ORS 759
Stats. Implemented: ORS
				  759.040 & ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0032 - Information Required Concerning Financings of Exempt Large Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 large telecommunications utility exempt under ORS
			 759.315(5) from
			 the requirements of ORS
			 759.310 and ORS
			 759.315(2)
			 shall, within 30 days of issuing securities, provide to the Commission, in
			 writing, the following information:
(a) The
			 type of security involved in the issuance;
(b) The amount of securities involved in the
			 issuance; and
(c) A description of
			 the terms of the issuance.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0035 - Applications by a Utility for Authority to Guarantee Indebtedness

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 requirements of this rule will apply to any energy or large telecommunications
			 utility seeking authority under ORS
			 757.440 and
			 759.350. Every applicant shall
			 set forth in its application to the Commission, in the manner and form
			 indicated, the following information which should, to the extent possible, be
			 furnished for each person, firm, or corporation involved:
(a) The information required by OAR
			 860-027-0030(1)(a) to (g)  inclusive;
(b) A full description of the securities for
			 which applicant proposes to assume obligation or liability as guarantor,
			 endorser, surety or otherwise;
(c)
			 The amount of other securities of said person, firm or corporation now held,
			 owned or controlled by the applicant;
(d) A statement as to whether or not any
			 application with respect to the transaction or any part thereof is required to
			 be filed with any federal or other state regulatory body;
(e) The reasons, in detail, why it is in
			 applicant's interest to guarantee such securities;
(f) The reasons, in detail, why it is
			 necessary for applicant to guarantee such securities; and
(g) The facts relied upon by the applicant to
			 show the assumption is:
(A) For some lawful
			 object within the applicant's corporate purposes and compatible with the public
			 interest;
(B) Necessary or
			 appropriate for or consistent with the applicant's proper performance of
			 service as a public or telecommunications utility;
(C) Will not impair its ability to perform
			 that service; and
(D) Reasonably
			 necessary or required for such purposes.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0040 - Applications for Approval of Transactions Between Affiliated Interests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in sections (3) and (4) of this rule, the requirements of this rule
			 will apply to any energy or large telecommunications utility seeking authority
			 under ORS 757.490, ORS
			 757.495, ORS
			 759.385, and ORS
			 759.390. An application for
			 financing to an affiliated interest shall be made under OAR
			 860-027-0030.
(2) Every applicant
			 shall set forth in its application to the Commission, in the manner and form
			 indicated, the following information:
(a) The
			 applicant's exact name and the address of its principal business
			 office;
(b) The name and address of
			 the person authorized, on the utility's behalf, to receive notices, inquiries,
			 and communications regarding the information;
(c) A statement describing the relationship
			 between the utility and the contracting entity as defined by ORS
			 757.015, ORS
			 757.490, ORS
			 759.010, or ORS
			 759.385;
(d) The amount, kind, and ratio to total
			 voting securities held, if applicable;
(e) A list of all officers and directors of
			 the affiliated interest who are also officers or directors of the
			 applicant;
(f) The pecuniary
			 interest, directly or indirectly, of any officer or director who is a party to
			 the contract;
(g) A description of
			 the goods or services to be provided, the cost incurred in providing each of
			 the goods or services, the market value of the goods or services if different
			 from the costs, and the method or methods proposed for pricing those goods or
			 services;
(h) An estimate of the
			 amount the utility will pay annually for the goods or services and the accounts
			 in which it will record the charges;
(i) The reasons, in detail, relied upon by
			 the utility for procuring the proposed goods or services from the affiliate and
			 benefits, if any, utility customers and the general public will derive from the
			 provision of goods or services;
(j)
			 A description of the procurement process and the reasons, in pertinent detail
			 appropriate to the complexity of the procurement, relied upon by the utility
			 for procuring the proposed goods or services without a competitive procurement
			 process, if such a process is not used;
(k) Transfer prices in contracts or
			 agreements for the procurement of goods or services under competitive
			 procurement shall be presumed to be the market value, subject to evaluation of
			 the procurement process;
(l) A copy
			 of the proposed contract or agreement between the utility and the contracting
			 entity; and
(m) Copies of all
			 resolutions of directors authorizing the proposed transactions and, if
			 stockholders' approval has been obtained, copies of the resolutions approved by
			 the stockholders.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0042 - Timeliness of Application Made Under OAR 860-027-0040 and Filings Made Under OAR 860-027-0041

Current through Register Vol. 63, No. 7, July 1, 2024
Applications made under OAR 860-027-0040  and filings made under
				OAR 860-027-0041  shall occur no later than 90 days after the execution of the
				contract giving rise to the application or filing. The contract shall be deemed
				to be executed on the date the parties sign a written contract or on the date
				the parties begin to transact business under the contract, whichever date is
				earlier.
Stat. Auth.: ORS 183, ORS 756, ORS 757 & ORS 759
Stats. Implemented: ORS
				  756.040, ORS
				  757.005, ORS
				  757.015, ORS
				  757.490, ORS
				  757.495, ORS
				  759.005, ORS
				  759.010, ORS
				  759.385 & ORS
				  759.390
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0043 - Application for Waiver of Requirements Under OARs 860-027-0040 and 860-027-0041

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission will not waive the requirements of OAR
				860-027-0040  or 860-027-0041  for any transactions exceeding 0.1 percent of the
				previous calendar year's Oregon utility operating revenues unless the
				transaction or transactions can be demonstrated in advance to be fair and
				reasonable and not contrary to the public interest.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.015,
				  757.490 &
				  757.495
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0044 - Application for Waiver Requirements by Large Telecommunications Utilities Under OARs 860-027-0040 and 860-027-0041

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission will not grant a request by a large
				telecommunications utility for a waiver of OAR 860-027-0040  or 860-027-0041  for
				any transactions that:
(1)Are subject
			 to ORS 759.385(4),
			 759.390(7) or
			 759.394; or
(2) Exceed 0.1 percent of the previous
			 calendar year's Oregon utility operating revenues.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.005,
				  759.010,
				  759.385 &
				  759.390
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0045 - Uniform System of Accounts for Electric Utilities - Major and Nonmajor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Uniform
			 System of Accounts prescribed for Public Utilities and Licensees, Part 101,
			 Chapter 1, 18 Code of Federal Regulations (April 1, 2013, edition) is hereby
			 adopted and prescribed by the Commission for each electric company.
(2) Each electric company having multistate
			 operations must maintain records in such detail that the cost of property
			 located in and business done in Oregon in accordance with geographic boundaries
			 can be readily ascertained.
(3)
			 Each electric company having multistate operations must file annually its
			 Oregon allocated results of operations using allocation methods acceptable to
			 the Commission. The results of operations report must be filed with the
			 Commission on or before May 1 of each year.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.105,
				  757.120,
				  757.125 &
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0048 - Allocation of Costs by an Energy Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Affiliate" means a corporation or person
			 who has an affiliated interest, as defined in ORS
			 757.015, with an energy
			 utility;
(b) "Approved rates" means
			 rates established by the Commission or FERC;
(c) "Asset" means any tangible or intangible
			 property of an energy utility or other right, entitlement, business
			 opportunity, or other thing of value to which an energy utility holds claim
			 that is recorded or should be recorded as a capital expenditure in the energy
			 utility's financial statements. All energy utility tangible or intangible
			 property, rights, entitlements, business opportunities, and things of value
			 should be considered an asset, a service, or supplies;
(d) "Commission" means the Public Utility
			 Commission of Oregon;
(e) "Cost"
			 means fully distributed cost, including the energy utility's authorized rate of
			 return and all overheads;
(f)
			 "Energy utility" is that defined in OAR 860-027-0001(1);
(g) "Fair market value" means the potential
			 sales price that could be obtained by selling an asset in an arm's-length
			 transaction to a nonaffiliated entity, as determined by commonly accepted
			 valuation principles;
(h) "FERC"
			 means the Federal Energy Regulatory Commission;
(i) "Market rate" means the lowest price that
			 is available from nonaffiliated suppliers for comparable services or
			 supplies;
(j) "Net book value"
			 means original cost less accumulated depreciation;
(k) "Nonregulated activity" means an activity
			 that is not a regulated activity of the energy utility as defined in subsection
			 (1)(l) of this rule;
(l) "Regulated
			 activity" means a Commission regulated activity that is provided by an energy
			 utility directly or indirectly relating to the general operations of the energy
			 utility such as production, transmission, delivery, or furnishing of heat,
			 light, or power unless the Commission has determined the activity to be exempt
			 from regulation;
(m) "Services"
			 means labor-related activities including, but not limited to advice, auditing,
			 accounting, sponsoring, engineering, managing, operating, financing, and legal.
			 All energy utility tangible or intangible property, rights, entitlements,
			 business opportunities, and things of value should be considered an asset, a
			 service, or supplies; and
(n)
			 "Supplies" means any tangible or intangible property of an energy utility or
			 other thing of value to which an energy utility holds claim that is recorded or
			 should be recorded as an operating expense in the energy utility's financial
			 statements. All energy utility tangible or intangible property, rights,
			 entitlements, business opportunities, and things of value should be considered
			 an asset, a service, or supplies.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0052 - Allocation of Costs by a Large Telecommunications Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule:
(a) "Affiliate Transaction" means a
			 transfer of assets, a sale of supplies, or a sale of services between accounts
			 for regulated activities of a large telecommunications utility and accounts for
			 nonregulated activities of a separate entity that is either an affiliated
			 interest or another company in which the large telecommunications utility owns
			 a controlling interest. The term also means a transfer of assets, a sale of
			 supplies, or a sale of services between accounts for the regulated and
			 nonregulated activities of a single large telecommunications utility;
(b) "Asset" means any tangible or intangible
			 property of a large telecommunications utility or other right, entitlement,
			 business opportunity, or other thing of value to which a large
			 telecommunications utility holds claim;
(c) "Cost" means fully distributed cost,
			 including the large telecommunications utility's authorized rate of return and
			 all overheads;
(d) "Fair Market
			 Value" means the potential sales price that could be obtained by selling an
			 asset in an arm's-length transaction to a nonaffiliated entity, as determined
			 by commonly accepted valuation principles;
(e) "Market Rate" means the lowest price that
			 is available from nonaffiliated suppliers for comparable services or
			 supplies;
(f) "Net Book Value"
			 means original cost less accumulated depreciation; and
(g) "Nonregulated Service" means a service
			 that is not a telecommunications service as defined by ORS
			 759.005(2)(g),
			 or a service that the Commission has determined to be exempt from
			 regulation.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0055 - Uniform System of Accounts for Gas Utilities - Major and Nonmajor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Uniform
			 System of Accounts prescribed for Natural Gas Companies, Part 201, Chapter 1,
			 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and
			 prescribed by the Commission for each gas utility.
(2) Each gas utility having multistate
			 operations shall maintain records in such detail that the cost of property
			 located in and business done in Oregon can be readily ascertained.
(3) Each gas utility having multistate
			 operations shall file annually with the Commission, on or before April 1 of the
			 ensuing year, its Oregon allocated results of operations for the calendar year
			 reported, on the basis of allocation methods acceptable to the
			 Commission.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.105, ORS
				  757.120, ORS
				  757.125 & ORS
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0065 - Uniform System of Accounts for Steam Heat Utilities - Class A, B, and C

Current through Register Vol. 63, No. 7, July 1, 2024
The Uniform System of Accounts for Public Utilities and
				Licensees, Part 101, Chapter 1, 18 Code of Federal Regulations (April 1, 2001,
				edition) is hereby adopted and prescribed by the Commission for each steam heat
				utility.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.105, ORS
				  757.120, ORS
				  757.125 & ORS
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0070 - Annual Report Requirements for Electric, Large Telecommunications, Gas, and Steam Heat Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Annual
			 Reports must be submitted by electric, gas, and steam heat utilities. The
			 report must be submitted on or before May 1, using the most current forms
			 approved by the Commission. For energy utilities, the annual reports include
			 but are not limited to the FERC 1 (including the Oregon Supplement) or the FERC
			 2 (including the Oregon Supplement), and the Results of Operations.
(2) Annual Reports will be submitted by large
			 telecommunications utilities. The report Form O for the previous calendar year
			 shall be submitted on or before April 1, using the most current forms approved
			 by the Commission. The report Form I for the previous calendar year shall be
			 submitted on or before October 31 using the most current forms approved by the
			 Commission.
Forms referenced are available from the
				  Agency.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.120,
				  757.125,
				  757.135 &
				  759.225
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0100 - Reporting of Affiliated Transactions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On forms approved and provided by the
			 Commission:
(a) By June 1, all energy
			 utilities shall file with the Commission a report of all affiliated interest,
			 intercompany, and intracompany transactions which occurred during the period
			 from January 1 through December 31 of the immediately preceding year.
(b) By April 1, all large telecommunications
			 utilities shall file with the Commission a report of all affiliated interest
			 contracts executed during the period from January 1 through December 31 of the
			 immediately preceding year. The list shall consist of the names of the parties
			 to the contracts, the dollar amounts of the contracts, and the dates of
			 execution of the contracts.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0120 - Preservation and Destruction of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Electric Companies. Preservation of
			 Records of Public Utilities and Licensees, Part 125, Chapter 1, 18 Code of
			 Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed
			 by the Commission for each electric company with the following exception:
			 Corporate and General, Organizational documents -- An electric company shall
			 retain minute books of stockholders', directors', and directors' committee
			 meetings for twenty-five years.
(2)
			 Gas Utilities. The Preservation of Records of Public Utilities and Licensees,
			 Part 225, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is
			 hereby adopted and prescribed by the Commission for each gas utility with the
			 following exception: Corporate and General, Organizational documents -- A gas
			 utility shall retain minute books of stockholders', directors', and directors'
			 committee meetings for twenty-five years.
(3) Steam Heat Utilities. The Preservation of
			 Records of Public Utilities and Licensees, Part 125, Chapter 1, 18 Code of
			 Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed
			 by the Commission for each steam heat utility with the following exception:
			 Corporate and General, Organizational documents -- A steam heat utility shall
			 retain minute books of stockholders', directors', and directors' committee
			 meetings for twenty-five years.
(4)
			 Large telecommunications Utilities. The Regulations to Govern the Preservation
			 of Records of Communication Common Carriers, Part 42, 47 Code of Federal
			 Regulations Chapter 1 (October 1, 2003, edition) is hereby adopted and
			 prescribed by the Commission for each large telecommunications
			 utility.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040 &
				  756.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0175 - Energy Utility Reporting Requirements Relating to Major Shareholders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule:
(a) "Beneficial owner(ship)" has the
			 meaning defined in 17 CFR ¦ 240.13d-3 (April 1, 2009).
(b) "Board member" means a member of the
			 board of directors of an energy utility or the board of directors of an entity
			 or person authorized by the Commission to exercise substantial influence over
			 an energy utility.
(c) "Major
			 shareholder" means a person that is a beneficial owner, directly or indirectly,
			 of five percent or more of an energy utility. In the event a person is a
			 beneficial owner of shares of a parent of an energy utility, the person may
			 also be an indirect beneficial owner of the energy utility. Indirect beneficial
			 ownership of an energy utility is calculated by multiplying the person's
			 percentage of beneficial ownership of the parent by the parent(s)'s percentage
			 of beneficial ownership of the energy utility.
(d) "Person" has the meaning set forth in ORS
			 756.010(5).
(e) "Schedule 13D" means the statement filed
			 with the Securities and Exchange Commission, as required by
			 17 C.F.R.
			 240.13d-1 (April 1, 2009), and containing the
			 information required by
			 17
			 C.F.R. 240.13d-101 (April 1, 2009).
(f) "Schedule 13G" means the statement filed
			 with the Securities and Exchange Commission, as required by  17 C.F.R. 240.13  d-
			 1 (April 1, 2009), and containing the information required by
			 17
			 C.F.R. 240.13d-102 (April 1, 2009).
(g) "Securities and Exchange Commission"
			 means the federal agency created under Section 4 of the 1934 Securities
			 Exchange Act, as codified at   15 U.S.C. 78   d (January 5, 2009).
(h) "Tender offer" means an offer to purchase
			 the equity securities of an energy utility, or the solicitation of an offer to
			 sell the equity securities of an energy utility, that would constitute a tender
			 offer, or a request or invitation for tender, for the purpose of Section 14(d)
			 of the Securities Exchange Act of 1934, as codified at 15 U.S.C. 78 n(d)
			 (February 1, 2010).
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0200 - Energy Utility Acquisition

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the information required by ORS
				757.511, any person filing an
				application pursuant to that statute, shall also provide:
(1) The information required by OAR
			 860-027-0030(1)(a) through (d), inclusive;
(2) A schedule detailing the existing capital
			 structure of the energy utility to be acquired, as well as a pro forma utility
			 capital structure as of 12 months after the acquisition is to be
			 completed;
(3) An explanation of
			 how the bond ratings and capital costs of the acquired utility will be affected
			 by the acquisition;
(4) A
			 description of existing and planned nonutility businesses which are or will
			 become affiliated interests of the acquired utility under ORS
			 757.015, and a description of
			 the organizational structure under which the applicant intends to operate its
			 businesses;
(5) A description of
			 the method by which management, personnel, property, income, losses, costs, and
			 expenses (including tax-related expense) will be allocated by the applicant
			 between its utility and nonutility operations (if applicable);
(6) A description of any planned changes that
			 may have a significant impact upon the policy, management, operations, or rates
			 of the energy utility;
(7) A
			 description of any plans to cause the energy utility to sell, exchange, pledge,
			 or otherwise transfer its assets;
(8) A copy of any existing or proposed
			 agreement between the energy utility and any businesses which will become
			 affiliated interests of the acquired utility under ORS
			 757.015; and
(9) A motion for a general protective order
			 or modified protective order under OAR 860-001-0080, if necessary for the
			 release of information under sections (1) through (8) of this rule.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.105 &
				  757.511
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0300 - Use of Deferred Accounting by Energy and Large Telecommunications Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used
			 in this rule:
(a) "Amortization" means the
			 inclusion in rates of an amount which has been deferred under ORS
			 757.259 or
			 759.200 and which is designed to
			 eliminate, over time, the balance in an authorized deferred account.
			 Amortization does not include the normal positive and negative fluctuations in
			 a balancing account;
(b) "Deferred
			 Accounting" means recording the following in a balance sheet account, with
			 Commission authorization for later reflection in rates:
(A) Electric companies, gas utilities, and
			 steam heat utilities: a current expense or revenue associated with current
			 service, as allowed by ORS
			 757.259; or
(B) Large telecommunications utilities: an
			 amount allowed by ORS
			 759.200.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0310 - Cost-Effective Conservation Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Conservation" means any reduction in
			 electric power or natural gas consumption as the result of increases in
			 efficiency of energy use, production, or distribution. Conservation also
			 includes cost-effective fuel switching;
(b) "Fuel switching" means any substitution
			 of one type of energy or fuel for another; and
(c) "Cost-effective" has the meaning given
			 that term in OAR 860-030-0010. However, the cost-effective level for fuel
			 switching shall not include the 10 percent cost advantage specified in OAR
			 860-030-0010(6)(b).
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0350 - Depreciation Study Requirements for Energy Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule, a "depreciation
			 study" means a study by an energy utility sufficient to allow the Commission to
			 determine the proper and adequate rates of depreciation of the several classes
			 of property of the public utility.
(2) Each energy utility must file a new
			 depreciation study with the Commission no less frequently than once every five
			 years.
Stat. Auth.: ORS. 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.140
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 27 - BUDGETS, FINANCE, ACCOUNTING AND ANNUAL REPORTS › Section 860-027-0400 - Integrated Resource Plan and Clean Energy Plan Filing, Review, and Update

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scope and
			 Applicability: This rule applies to investor-owned energy utilities. Upon
			 application by an entity subject to this rule and for good cause shown, the
			 Commission may relieve it of any obligation under this rule.
(2)
(a) As
			 used in this rule, "Integrated Resource Plan" or "IRP" means the energy
			 utility's written plan satisfying the requirements of Commission Order Nos.
			 07-002, 07-047 and 08-339, detailing its determination of future long-term
			 resource needs, its analysis of the expected costs and associated risks of the
			 alternatives to meet those needs, and its action plan to select the best
			 portfolio of resources to meet those needs.
(b) As used in this rule, "Clean Energy Plan"
			 or "CEP" means the plan that an electric company subject to ORS
			 469A.415 is required to develop
			 concurrently with the development of the IRP.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0000 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules
			 contained in this Division apply to every pole or conduit owner and every pole
			 or conduit occupant, as defined in OAR 860-028-0020.
(2) Upon request or its own motion, the
			 Commission may waive any of the Division 028 rules for good cause shown. A
			 request for waiver must be made in writing, unless otherwise allowed by the
			 Commission.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  757.035,
				  757.270,
				  759.045 &
				  759.650