reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 88 - COMMUNITY SOLAR PROGRAM RULES › Section 860-088-0200 - Revocation of Pre-Certification or Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Upon review of a written complaint, upon recommendation by the
				Program Administrator, or on its own motion, the Commission may, after
				reasonable notice and opportunity for hearing, consistent with ORS
				183.310(2)(a)
				and ORS 183.415, revoke the
				pre-certification or certification of a Project and/or registration of a
				Project Manager for reasons including the following:
(1) Material misrepresentations in its
			 application for pre-certification or certification, project amendments, or in
			 any report of material changes in the facts upon which the pre-certification or
			 certification was based;
(2)
			 Material misrepresentations in solicitations, agreements, or in the
			 administration of participant contracts;
(3) Dishonesty, fraud, or deceit that
			 benefits the Project Manager or disadvantages customers;
(4) Failure to take required corrective
			 action under the disciplinary probation process as outlined in the Program
			 Implementation Manual.
Statutory/Other Authority: ORS
				  757.386
Statutes/Other Implemented: ORS
				  757.386
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0010 - Applicability and Purpose of Division 089

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules contained in this Division
			 apply to electric companies, and are intended to provide an opportunity to
			 minimize long-term energy costs and risks, complement the integrated resource
			 planning (IRP) process, and establish a fair, objective, and transparent
			 competitive bidding process, without unduly restricting electric companies from
			 acquiring new resources and negotiating mutually beneficial terms.
(2) Upon request or its own motion, the
			 Commission may waive any of the Division 089 rules for good cause shown. A
			 request for waiver must be made in writing to the Commission prior to or
			 concurrent with the initiation of a resource acquisition.
(a) In addition to the filing requirements in
			 OAR Chapter 860, Division 001, an electric company filing a request for waiver
			 under this section must serve the request on all parties to the electric
			 company's most recent general rate case, request for proposal (RPF) filing, and
			 IRP docket.
(b) If a request for
			 waiver is filed by an electric company after it acquires a resource, granting,
			 if any, of the waiver request does not result in or equate to the Commission's
			 acknowledgment of the resource acquisition.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this Division, unless the context requires
				otherwise:
(1) "Benchmark resource" is
			 a resource identified in an electric company's response to its own request for
			 proposals.
(2)
			 "Commission-acknowledged IRP" means an IRP for which the Commission has
			 acknowledged the electric company's action item to procure the resource subject
			 to the rules in this division.
(3)
			 "Electric company" has the meaning given that term in ORS
			 757.600.
(4) "Independent evaluator" or
			 "IE" refers to a person engaged by an electric company to oversee an RFP
			 process under the rules in this division, and who also reports directly to the
			 Commission during that process. The IE must be independent of the utility and
			 bidders, and also be experienced and competent to perform all IE functions
			 identified in these Division 089 rules.
(5) "Integrated resource plan" or "IRP" has
			 the meaning given that term in OAR 860-027-0400.
(6) "IRP Update" means an update to an
			 acknowledged IRP that is filed in accordance with OAR
			 860-027-0400(9).
(7) "Qualifying
			 facility" refers to qualifying facilities under
			 16
			 USC §
									796(17) and (18)
			 (2012) and ORS
			 758.505(8).
(8) "Request for proposals" or "RFP" means
			 all documents, whether attached or incorporated by reference, used for
			 soliciting proposals from prospective bidders.
(9) "Resource acquisition" refers to a
			 process for the purpose of acquiring energy, capacity, or storage resources
			 that starts with an electric company's:
(a)
			 Circulation of a final or draft RFP to third parties; or
(b) Communication of a final offer or receipt
			 of a final offer in a two-party negotiation.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0100 - Applicability of Competitive Bidding Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An electric company must comply with the
			 rules in this division when it seeks to acquire generating or storage resources
			 or to contract for energy or capcity if any of the following apply:
(a) The acquisition is of a resource or a
			 contract for more than an aggregate of 80 megawatts and five years in
			 length;
(b) The acquisition is of a
			 resource or contract in which the electric company does not specify the size or
			 duration of the resource or contract sought but may result in an acquisition
			 described in subsection (1)(a) or (1)(c) of this rule;
(c) The acquisition is of multiple resources
			 more than five years in length that in aggregate provide the electric company
			 with more than an aggregate of 80 megawatts, and these resources:
(A) Are located on the same parcel of land,
			 even if such parcel contains intervening railroad or public rights of way, or
			 on two or more such parcels of land that are adjacent; and
(B) The generation equipment of any one of
			 these resources is within five miles of the generation equipment of any other
			 of these resources and construction of these resources is performed under the
			 same contract or within two years of each other; or
(d) As directed by the Commission.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0200 - Engaging an Independent Evaluator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to issuing an RFP, an electric
			 company must engage the services of an IE to oversee the competitive bidding
			 process. The electric company must notify all parties to the electric company's
			 most recent general rate case, RFP, and IRP dockets of its need for an IE, and
			 solicit input from these parties and interested persons regarding potential IE
			 candidates.
(2) The electric
			 company must file a request for Commission approval to engage an IE. The
			 Commission Staff will review the request and recommend an IE to the Commission
			 based in part on the consideration of:
(a)
			 Input received from the electric company and interested, non-bidding
			 parties;
(b) Review of the degree
			 to which the IE is independent of the electric company and potential bidders;
(c) The degree to which the cost
			 of the services to be provided is reasonable;
(d) The experience and competence of the IE;
			 and
(e) The public
			 interest.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0250 - Design of Requests for Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For each resource acquisition, the
			 electric company must prepare a draft request for proposals for review and
			 approval with the Commission, and provide copies of the draft to all parties to
			 the IE selection docket. Prior to filing the draft RFP with the Commission, the
			 electric company must consult with the IE in preparing the RFP and must conduct
			 bidder and stakeholder workshops.
(2) The draft RFP must reflect any RFP
			 elements, scoring methodology, and associated modeling described in the
			 Commission-acknowledged IRP. The electric company's draft RFP must reference
			 and adhere to the specific section of the IRP in which RFP design and scoring
			 is described.
(a) Unless the electric company
			 intends to use an RFP whose design, scoring methodology, and associated
			 modeling process were included as part of the Commission-acknowledged IRP, the
			 electric company must, prior to preparing a draft RFP, develop and file for
			 approval in the electric company's IE selection docket, a proposal for scoring
			 and any associated modeling.
(b)
			 In preparing its proposal, the electric company must consider resource
			 diversity
(e.g
. with respect to technology, fuel type,
			 resource size, and resource duration).
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0300 - Resource Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 electric company may submit or allow its affiliates to submit bids in response
			 to the electric company's request for proposals.
(a) Electric company and affiliate bids must
			 be treated in the same manner as other bids.
(b) Any individual who participates in the
			 development of the RFP or the evaluation or scoring of bids on behalf of the
			 electric company may not participate in the preparation of an electric company
			 or affiliate bid and must be screened from that process.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0350 - Benchmark Resource Score

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to the opening of bidding on an approved RFP, the electric company must
			 file with the Commission and submit to the IE, for review and comment, a
			 detailed score for any benchmark resource with supporting cost information, any
			 transmission arrangements, and all other information necessary to score the
			 benchmark resource. The electric company must apply the same assumptions and
			 bid scoring and evaluation criteria to the benchmark bid that are used to score
			 other bids.
(2) If, during the
			 course of the RFP process, the Commission or the IE determines that it is
			 appropriate to update any bids, the electric company must also make the
			 equivalent update to the score of the benchmark resource.
(3) Before the IE provides the electric
			 company an opportunity to score other bids, the electric company must file with
			 the Commission and submit via a method that protects confidentiality the
			 following information:
(a) The final
			 benchmark resource score developed in consultation with the IE, and
(b) Cost information and other related
			 information shared under this rule.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0400 - Bid Scoring and Evaluation by Electric Company

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To help ensure that the electric company
			 engages in a transparent bid-scoring process using objective scoring criteria
			 and metrics, the electric company must provide all proposed and final scoring
			 criteria and metrics in the draft and final RFPs filed with the
			 Commission.
(2) The electric
			 company must base the scoring of bids and selection of an initial shortlist on
			 price and, as appropriate, non-price factors. Non-price factors must be
			 converted to price factors where practicable. Unless otherwise directed by the
			 Commission, the electric company must use the following approach to develop
			 price and non-price scores:
(a) Price scores
			 must be based on the prices submitted by bidders and calculated using units
			 that are appropriate for the product sought and technologies anticipated to be
			 employed in responsive bids using real-levelized or annuity methods. The IE may
			 authorize adjustments to price scores on review of information submitted by
			 bidders.
(b) Non-price scores
			 must, when practicable, primarily relate to resource characteristics identified
			 in the electric company's most recent acknowledged IRP Action Plan or IRP
			 Update and may be based on conformance to standard form contracts. Non-price
			 scoring criteria must be objective and reasonably subject to self-scoring
			 analysis by bidders.
(c) Non-price
			 score criteria that seek to identify minimum thresholds for a successful bid
			 and that may readily be converted into minimum bidder requirements must be
			 converted into minimum bidder requirements.
(d) Scoring criteria may not be based on
			 renewal or ownership options, except insofar as these options affect costs,
			 revenues, benefits or prices. Any criteria based on renewal or ownership
			 options must be explained in sufficient detail in the draft RFP to allow for
			 public comment and Commission review of the justification for the proposed
			 criteria.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0450 - Independent Evaluator Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 IE will oversee the competitive bidding process to ensure that it is conducted
			 fairly, transparently, and properly.
(2) The IE must be available and responsive
			 to the Commission throughout the process, and must provide the Commission with
			 the IE's notes of all conversations and the full text of written communications
			 between the IE and the electric company and any third-party that are related to
			 the IE's execution of its duties.
(3) The IE must consult with the electric
			 company on preparation of the draft RFP and submit its assessment of the final
			 draft RFP to the Commission when the company files the final draft for
			 approval.
(4) The IE must check
			 whether the electric company's scoring of the bids and selection of the initial
			 and final shortlists are reasonable.
(5) To determine if the electric company's
			 selections for the initial and final shortlists are reasonable, when the RFP
			 allows bidding by the issuing electric company or an affiliate of the company,
			 or includes resource ownership options for the electric company, the IE must
			 independently score the affiliate bids and bids with ownership characteristics
			 or options, if any, and all or a sample of the remaining bids. When the IE does
			 not score all bids, and a request for acknowledgment of a final shortlist is
			 pending before the Commission, as provided in OAR 860-089-0500; a participant
			 in the acknowledgment proceeding may request that the Commission direct the IE
			 to score all remaining bids or a broader sample.
(6) The IE must also evaluate the unique
			 risks and advantages associated with any company-owned resources (including but
			 not limited to the electric company's benchmark), and may apply the same
			 evaluation to third-party bids, including an evaluation of the following
			 issues:
(a) Construction cost over-runs
			 (considering contractual guarantees, cost and prudence of guarantees, remaining
			 exposure to ratepayers for cost over-runs, and potential benefits of cost
			 under-runs);
(b) Reasonableness of
			 forced outage rates;
(c)
			 Reasonableness of any proposal or absence of a proposal to offer electric
			 company owned or benchmark resource elements (e.g., site, transmission rights
			 or fuel arrangements) to third-party bidders as part of the draft and final
			 RFP;
(d) End effect
			 values;
(e) Environmental emissions
			 costs;
(f) Reasonableness of
			 operation and maintenance costs;
(g) Adequacy of capital additions
			 costs;
(h) Reasonableness of
			 performance assumptions for output, heat rate, and power curve; and
(i) Specificity of construction schedules or
			 risk of construction delays.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0500 - Final Short List Acknowledgement and Result Publication

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this section,
			 "acknowledgment" is a finding by the Commission that an electric company's
			 final shortlist of bid responses appears reasonable at the time of
			 acknowledgment and was determined in a manner consistent with the rules in this
			 division.
(2) An electric company
			 must request that the Commission acknowledge the electric company's final
			 shortlist of bids before it may begin negotiations. Acknowledgment of a
			 shortlist has the same legal force and effect as a Commission-acknowledged IRP
			 in any future cost recovery proceeding.
(3) A request for acknowledgement must
			 include, at a minimum, the IE's closing report, the electric company's final
			 shortlist of responsive bids, all sensitivity analyses performed, and a
			 discussion of the consistency between the final shortlist and the electric
			 company's last-acknowledged IRP Action Plan or acknowledged IRP
			 Update.
(4) The Commission will
			 generally issue a decision on the request for acknowledgment within 60 days of
			 receipt of the electric company's filing.
(5) The electric company must make a publicly
			 available filing in the RFP docket providing the average bid score and the
			 average price of a resource on its final shortlist.
(6) Following execution of all contracts
			 resulting from an RFP or cancellation of the RFP, the electric company must
			 provide information, on request, to a bidder about the bidder's bid
			 score.
Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch.
				  28
Statutes/Other Implemented: ORS
				  756.040,
				  758.060, 2016 OL Ch.
				  28, Sect. 6
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 89 - COMPETITIVE BIDDING GUIDELINES › Section 860-089-0550 - Protected Information

Current through Register Vol. 63, No. 7, July 1, 2024
The electric company may request a protective order be issued
				prior to making available protected information required to be shared under the
				rules in this Division. Protected information may include, but is not limited
				to, RFP-related and bidding information, such as a company's modeling, cost
				support for any benchmark resource and detailed bid scoring and evaluation
				results. Protected information may then be provided to the Commission, the IE,
				and non-bidding parties, as appropriate under the terms of the protective
				order. Information shared under the terms of a protective order issued under
				this rule may be used in RFP review and approval, final shortlist
				acknowledgement, and cost-recovery proceedings.
Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch.
				  28
Statutes/Other Implemented: ORS
				  756.040,
				  758.060, 2016 OL Ch.
				  28, Sect. 6
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 91 - SMALL-SCALE RENEWABLE ENERGY PROJECT STANDARD › Section 860-091-0000 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Upon request or its own motion, the Commission may waive any of
				the division 091 rules for good cause shown. A request for waiver must be made
				in writing, unless otherwise allowed by the Commission.
Statutory/Other Authority: ORS
				  756.060,
				  ORS
				  469A.200 & ORS
				  469A.210
Statutes/Other Implemented: ORS
				  469A.210
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 91 - SMALL-SCALE RENEWABLE ENERGY PROJECT STANDARD › Section 860-091-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Electric
			 company" has the meaning in ORS 756.005.
(2) "Nameplate capacity" means the full-load
			 electrical quantities assigned by the designer to a generator and its prime
			 mover or other piece of electrical equipment, such as transformers and circuit
			 breakers, under standardized conditions, expressed in amperes, kilovoltamperes,
			 kilowatts, volts, or other appropriate units. Nameplate capacity is usually
			 indicated on a nameplate attached to the individual machine or
			 device.
Statutory/Other Authority: ORS
				  756.060,
				  ORS
				  469A.200 & ORS
				  469A.210
Statutes/Other Implemented: ORS
				  469A.210
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 91 - SMALL-SCALE RENEWABLE ENERGY PROJECT STANDARD › Section 860-091-0020 - Aggregate Electrical Capacity

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of compliance with the standard in ORS
			 469A.210(2),
			 each electric company's aggregate electrical capacity is the total nameplate
			 capacity of the electric company's generation resources to serve Oregon load.
			 These resources include:
(a) All owned
			 resources; and
(b) The annual
			 average of all resources under a power purchase agreement with a term of at
			 least five years.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 91 - SMALL-SCALE RENEWABLE ENERGY PROJECT STANDARD › Section 860-091-0030 - Eligible Renewable Energy Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Projects used to comply with the standard
			 in ORS
			 469A.210(2)
			 must be an Oregon Renewable Portfolio Standard-approved generator;
			 and
(2) The eligible portion of a
			 project's capacity used to comply with the standard in ORS
			 469A.210(2)
			 is the percentage of annual project costs paid for by Oregon retail
			 customers.
Statutory/Other Authority: ORS
				  756.060,
				  ORS
				  469A.200 & ORS
				  469A.210
Statutes/Other Implemented: ORS
				  469A.210
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 91 - SMALL-SCALE RENEWABLE ENERGY PROJECT STANDARD › Section 860-091-0040 - Compliance Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later
			 than July 1, 2029, and no later than July 1 for each year thereafter, the
			 electric company must file a report with the Commission demonstrating
			 compliance or explaining in detail any failure to comply, with the standard in
			 ORS
			 469A.210(2).
(2) The report required in section (1) of
			 this rule must include the following information associated with each owned or
			 contracted eligible renewable energy project:
(a) The name of the facility;
(b) The type of renewable resource;
(c) In-service date of the
			 facility;
(d) The nameplate
			 capacity rating;
(e) For
			 multi-jurisdictional utilities, the percentage of each eligible small-scale
			 facility's costs paid for by the electric company's Oregon retail customers;
			 and
(f) Contracted resources should
			 also include the delivery period and output of contracts.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 95 - RESOURCE ADEQUACY › Section 860-095-0000 - Scope and Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The rules in this division prescribe the filing requirements for provision of
			 Resource Adequacy information, and the filing requirements and binding elements
			 for the Public Utility Commission of Oregon (Commission) - administered
			 Resource Adequacy program.
(2) Upon
			 request or its own motion, the Commission may waive any of the rules in this
			 division for good cause shown. A request for waiver must be made in writing,
			 unless otherwise allowed by the Commission.
Statutory/Other Authority: ORS 183 & ORS 756
Statutes/Other Implemented: ORS 756.040, ORS 757.649 &
				  ORS 757.659
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 95 - RESOURCE ADEQUACY › Section 860-095-0020 - Electric Company Resource Adequacy Informational Filing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Electric Companies must provide an
			 Informational Filing to the Commission as a part of their Integrated Resource
			 Plan. The Electric Company's Informational Filing must be included as a chapter
			 to the Integrated Resource Plan that incorporates the Advisory Forecast from a
			 Qualified Regional Program and contains a discussion about how the overall
			 resource strategy interacts with Resource Adequacy concerns.
(2) The Informational Filing for an Electric
			 Company must include:
(a) Qualified Regional
			 Program data as provided by the Regional Participant that was developed for
			 utilization in the Qualified Regional Program's Advisory Forecastt and mirrors
			 the number of years of information provided in the Advisory Forecast.
(b) A high-level discussion, not to include
			 confidential information, of the transmission rights necessary to serve P50
			 load, the transmission rights currently owned or used, the steps that will be
			 taken to procure transmission rights to fill in any open position, and any
			 expected constraints or difficulties in filling any open positions. The
			 information supplied should cover the time period of the two forthcoming
			 Qualified Regional Program operating seasons.
(c) A description of information supplied to
			 produce the Advisory Forecast and explanation of any differences between that
			 information and comparable inputs to the Electric Company's Integrated Resource
			 Plan analysis and associated action plan.
(d) Commercially and Competively-sensitive
			 information and data provided in the Informational Filing may be redacted or
			 provided only to Qualified Parties.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 95 - RESOURCE ADEQUACY › Section 860-095-0030 - Electricity Service Supplier Resource Adequacy Informational Filing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Electricity
			 Service Suppliers must submit an Informational Filing with the Commission every
			 other year.
(a) The Informational Filing may
			 be filed as a part of the Emissions Planning Report filing.
(b) The Informational Filing must contain a
			 discussion about how the overall resource strategy interacts with Resource
			 Adequacy concerns.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0001 - Scope and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in this Division apply to all telecommunications providers as defined in
			 860-100-0005.
(2) Upon request or
			 its own motion, the Commission may waive any of the Division 100 rules for good
			 cause shown. A request for waiver must be made in writing, unless otherwise
			 allowed by the Commission.
Statutory/Other Authority: ORS Ch. 183, ORS 192, ORS 756
				  & ORS 759
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.005 & ORS
				  759.020
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0105 - Identification Worksheet

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 telecommunications provider must complete and file an initial identification
			 worksheet with the OUS Administrator within 30 calendar days of notification by
			 the OUS Administrator that the identification worksheet is due.
(2) A telecommunications provider must
			 complete and file a corrected identification worksheet with the OUS
			 Administrator within 30 calendar days of any change to its business name,
			 organization structure, mailing address, contact person or certifying
			 officer.
(3) A telecommunications
			 provider must complete and file an identification worksheet on an annual basis
			 with the OUS Administrator. A provider must file its annual identification
			 worksheet by February 10th each calendar year.
(4) A telecommunications provider must
			 identify the method it uses to determine the jurisdictional split of revenues
			 attributable to the OUS Fund in each identification worksheet.
Statutory/Other Authority: ORS 183, ORS 192, ORS 756 &
				  ORS 759
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.015  & ORS
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0115 - Distribution Worksheet

Current through Register Vol. 63, No. 7, July 1, 2024
A competitive provider that has been designated as eligible for
				OUS Fund support must record its number of basic service access lines at the
				end of the calendar month (referred to as the recording month) on the
				distribution worksheet by wire center or exchange and must file the completed
				worksheet with the OUS Administrator no later than 40 days after the end of the
				recording month, i.e., by the tenth day of the second month following the close
				of each month. Disbursements based on lines recorded by the 10th of each month
				will be made at the end of the month.
Statutory/Other Authority: ORS 183, 192, 756 & 759
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.015  & ORS
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0120 - Estimated Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any
			 quarter for which a telecommunications provider fails to file a contribution
			 report as required by these rules, the Commission may make a proposed
			 contribution assessment based upon any information available to the
			 Commission.
(2) The proposed
			 assessment will include a late payment fee equal to 9 percent of the proposed
			 assessment amount, up to a maximum of $500 for that quarter.
(3) Each proposed assessment will bear
			 interest on the amount proposed at the rate of 9 percent per annum from the day
			 the contribution amount was originally due.
(4) The Commission's proposed assessment for
			 a non-filed contribution report must be made no later than three years after
			 the contribution report's due date.
(5) Notwithstanding section (4) of this rule,
			 if the telecommunications provider did not hold a certificate of authority and
			 was required to do so in order to provide service, the Commission has an
			 unlimited time to propose an assessment for the time period represented by the
			 non-filed contribution report. The proposed assessment will include all late
			 payment fees and interest as specified in this rule.
(6) Prior to the expiration of the period
			 allowed for filing a petition for a hearing, the telecommunications provider
			 may file its contribution report. The Commission will accept the report and
			 calculate late report fees, late payment fees, and interest in accordance with
			 the original due date for that quarter's contribution report and payment, if
			 any, accompanying the report.
Statutory/Other Authority: ORS 183, ORS 192, ORS 756 &
				  ORS 759
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.015  & ORS
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0125 - OUS Fund Support Portability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OUS Fund support is portable, on a per line basis for basic telephone service,
			 from a telecommunications utility to a competitive provider that has been
			 designated by the Commission as eligible for support in the same geographic
			 support area.
(2) In support areas
			 that are served by both a telecommunications utility and a competitive
			 provider, distributions from the OUS Fund will be shared in the following
			 manner:
(a) For customer lines served by a
			 competitive provider's own loop facilities, the competitive provider may
			 receive the full OUS Fund support amount per line based on the amount available
			 for the support area.
(b) For
			 customer lines served by a competitive provider that resells a
			 telecommunication utility's supported retail service and does not provide
			 service with its own loop facilities, the competitive provider may not receive
			 OUS Fund support.
(c) For customer
			 lines served by UNE loops leased from a telecommunications utility by a
			 competitive provider, the utility and the competitive provider may share the
			 OUS Fund support amount per line.
(d) For customer lines served by Warm Springs
			 Telecommunications Company, the support amount for these line for calendar year
			 2022 shall be as set forth in Table A of this rule.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0130 - Commission Audit and Proposed Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any quarter for which a
			 telecommunications provider's contribution report was due, the Commission may
			 audit the telecommunications provider as the Commission deems necessary and
			 practicable.
(2) The Commission's
			 audit must be commenced no later than three years after the quarter's
			 contribution report's due date. After completion of its audit, the Commission
			 may propose to assess an additional contribution amount due from the
			 telecommunications provider.
(3) In
			 the event the telecommunications provider failed to file a contribution report
			 for the quarter, the Commission will add to the proposed assessment a late
			 payment fee equal to 9 percent of the amount of the proposed assessment, up to
			 a maximum amount of $500.
(4) Each
			 proposed assessment will bear interest on the additional amount proposed at the
			 rate of 9 percent per annum from the day the original contribution amount was
			 due.
(5) Notwithstanding section
			 (2) of this rule, if the telecommunications provider did not hold a certificate
			 of authority and was required to do so in order to provide service, the
			 Commission has an unlimited time to audit the telecommunications provider for
			 universal service charges.
Statutory/Other Authority: ORS 183, ORS 192, ORS 756 &
				  ORS 759
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.015  & ORS
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0140 - Notice and Hearing on Proposed Orders and Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission will provide written
			 notice of the proposed order or proposed assessment to the telecommunications
			 provider and allow the telecommunications provider an opportunity to request a
			 hearing before the Commission.
(2)
			 Within 30 days after service of the notice of proposed order or proposed
			 assessment, a telecommunications provider may petition the Commission in
			 writing for a hearing. If a petition is not filed within the 30-day period, the
			 Commission will enter a final order or assessment based upon information in the
			 Commission's files. If a petition is filed within the 30-day period, the
			 Commission will grant the telecommunications provider a hearing and give the
			 telecommunications provider at least 10 days' notice of the time and place of
			 the hearing.
(3) The
			 telecommunications provider must specify in its petition all reasons it
			 disputes the proposed order or the proposed assessment. The Commission shall
			 conduct a hearing on the telecommunications provider's petition under its rules
			 governing hearings and proceedings. Unless the telecommunications provider has
			 filed an amended contribution report, the amount shown on the contribution
			 report is not subject to challenge by the telecommunications
			 provider.
(4) A Commission order
			 deciding the petition becomes final after service of the Commission's order
			 upon the petitioning telecommunications provider.
(5) A proposed assessment made by the
			 Commission under these rules is due and payable on the 10th day after the
			 Commission's order becomes final.
Statutory/Other Authority: ORS 183, ORS 192, ORS 756 &
				  ORS 759
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.015  & ORS
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0150 - OUS Record-keeping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A telecommunications provider must
			 produce for inspection or audit upon request of the Commission or its
			 authorized representative all records supporting its reports and worksheets
			 required to be filed with the OUS Administrator. The Commission, or its
			 representative, will allow the telecommunications provider a reasonable time to
			 produce the records for inspection or audit.
(2) A telecommunications provider must keep
			 all records supporting each report and worksheet required to be filed with the
			 OUS Administrator for three years, or until a Commission review or audit is
			 complete, whichever is later.
(3)
			 In addition to any other penalty allowed by law, the Commission may suspend or
			 cancel a telecommunications provider's certificate of authority to provide
			 telecommunications service for its failure to produce for inspection or audit
			 the records required by this rule.
Statutory/Other Authority: ORS 183, ORS 192, ORS 756 &
				  ORS 759
Statutes/Other Implemented: ORS
				  756.040, ORS
				  759.015  & ORS
				  759.425
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0160 - Refund of Oregon Universal Service Surcharge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Pay Telephone provider may apply for a
			 refund of the Oregon Universal Service (OUS) surcharge imposed on, and paid by,
			 the provider under ORS
			 759.425(4)
			 for the provision of Pay Telephone service.
(2) An application for a refund of the OUS
			 surcharge under this rule will be on forms prescribed by the Public Utility
			 Commission.
(a) An application must contain
			 the applicant's:
(A) Name;
(B) Address;
(C) Telephone number;
(D) Time period for which the application is
			 made;
(E) Name of Pay Telephone
			 provider;
(F) Contact
			 person;
(G) Requested
			 refund;
(H) Number of Pay
			 Telephones located in Oregon;
(I)
			 Signature of responsible party;
(J)
			 Affidavit of charges and payment; and
(K) Mailing address for refund.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0200 - OUS Fund Support Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A provider that has been designated by the Commission as eligible to receive
			 support from the OUS Fund in a specific geographic area, may receive a
			 distribution from the OUS Fund, provided that it:
(a) Holds a certificate of authority issued
			 under ORS
			 759.020;
(b) Offers all supported services included in
			 basic telephone service;
(c)
			 Offers, throughout the provider's designated service area, all supported
			 services included in basic telephone service;
(d) Uses the provider's own facilities,
			 leased UNE facilities, or a combination of its own or leased facilities and
			 resale of another provider's retail services to provide the supported
			 services;
(e) Will use funds
			 distributed from the OUS Fund for investment, construction, operation,
			 maintenance, and repair to ensure that basic telephone service is available at
			 reasonable and affordable rates in areas designated by the Commission for
			 support;
(f) Advertises the
			 supported services included in basic telephone service;
(g) Is certified by the Commission to offer
			 and advertise Oregon Telephone Assistance Program supported services or a
			 Commission-approved alternative plan, along with Tribal Lifeline and Tribal
			 Link Up benefits, in compliance with Oregon Administrative Rules Chapter 860,
			 Division 33;
(h) Has the ability to
			 remain functional during emergencies;
(i) Is committed to and maintains service
			 quality and consumer protection standards as required under OAR 860-023-0055  and OAR 860-034-0390;
(j)
			 Demonstrates that the provision of support is in the public interest;
			 and
(k) Meets all Commission
			 reporting requirements related to OUS Fund contributions and
			 distributions.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0251 - OUS Fund Support Distributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For customer lines served by
			 telecommunications utilities, the support amount for these lines for the
			 calendar year 2022 shall be a continuation of the amounts provided for in
			 Appendix A to Public Utility Commission Order No. 16-093, as corrected by
			 Public Utility Commission Order No. 16-102, as set forth in Table A of this
			 rule.
(2) The support amount for
			 qualified competitive providers for the calendar year 2022 will be adjusted to
			 reflect the percent reduction that has occurred for the specific Non-Rural
			 Company that owns the wire center between 2016 and the date the support amount
			 is being calculated. Any review of support amounts stipulated in previous
			 orders has been suspended for calendar year 2022.
(3) Beginning January 1, 2023, the
			 administrator shall make a monthly disbursement to each telecommunications
			 provider that has been designated by the Commission as eligible to receive
			 support from the OUS Fund in a specific geographic area, and when the
			 Commission has calculated that support is required in that area, and funds are
			 available to make a disbursement.
(a) Monthly
			 disbursements shall be processed before the 28th day of the month.
(b) The amount of each telecommunications
			 utility's monthly disbursement shall be one-twelfth of its annual determined
			 support amount.
(c) Each eligible
			 competitive provider shall receive support as per 860-100-0125.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 100 - OREGON UNIVERSAL SERVICE FUND (OUSF) › Section 860-100-0300 - OUS Fund Support Disbursement Calculations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions of this rule apply to the
			 calculation of disbursements made on or after January 1, 2023.
(2) The Commission uses the Cost Quest model,
			 or a similar model approved by the Commission to calculate total support
			 amounts. The model will be used to assist in setting a benchmark for basic
			 telephone service, calculate the cost of providing basic telephone service, and
			 to calculate the difference between the cost and the benchmark, minus the
			 explicit compensation and support identified in ORS
			 759.425.
			 When the cost, after subtracting the explicit compensation and support
			 identified in ORS
			 759.425,
			 as applicable, exceeds the applicable benchmark in a particular geographic
			 support area, the Commission may designate the support area as one requiring
			 support from the OUS Fund.
(a) For purposes
			 of this rule, "support area" may mean a census block or a wire
			 center.
(b) The Commission may
			 establish a different benchmark for a support area, based on the following
			 considerations:
(A) changes in competition in
			 the telecommunications industry;
(B) changes in federal universal service
			 support; or
(C) other relevant
			 factors as determined by the commission, including but not limited to whether
			 it contains tribal lands, as defined in
			 47 C.F.R.
			 54.5.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 150 - Renewable Natural Gas › Section 860-150-0005 - Purpose, Scope, and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of these rules is to set
			 forth the requirements governing renewable natural gas programs for large
			 natural gas utilities and for small natural gas utilities.
(2) These rules apply to purchases of
			 renewable natural gas and to qualifying investments in renewable natural gas
			 infrastructure by large and small natural gas utilities, as defined
			 herein.
(3) Nothing in these rules
			 prohibits or limits the ability of a natural gas utility to file a rate
			 schedule under which a retail natural gas customer may elect to pay a special
			 rate for a quantity of renewable natural gas equivalent to all or a portion of
			 that customer's natural gas usage, consistent with the filing requirements
			 under ORS
			 757.205,
			 ORS
			 757.210,
			 ORS
			 757.220,
			 OAR Chapter 860, Division 22 and any other applicable requirements specified by
			 the Commission in rule or order.
(4) Upon request or its own motion, the
			 Commission may waive any of the Division 150 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
				  757.394,
				  757.396,
				  757.398
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 150 - Renewable Natural Gas › Section 860-150-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this Division, except when a different scope is
				explicitly stated:
(1) "Biogas" has
			 the meaning given that term in ORS
			 757.392.
(2) "Carbon intensity" or "CI" means the
			 amount of lifecycle greenhouse gas emissions per unit of energy of fuel
			 expressed in grams of carbon dioxide equivalent per megajoule
			 (gCO2e/MJ).
(3) "CFP Online System"
			 has the meaning given that term in OAR 340-253-0040.
(4) "DEQ" means the Oregon Department of
			 Environmental Quality.
(5)
			 "Environmental attributes" means any and all environmental claims, credits,
			 benefits, emissions reductions, offsets, and allowances attributable to the
			 production of renewable natural gas and its avoided emission of pollutants. The
			 environmental attributes of renewable natural gas include, but are not limited
			 to, the avoided greenhouse gas emissions associated with the production,
			 transport, and combustion of a quantity of renewable natural gas compared with
			 the same quantity of geologic natural gas. Environmental attributes do not
			 include:
(a) The renewable natural gas itself
			 or the energy content of that gas;
(b) Any tax credits associated with the
			 construction or operation of the renewable natural gas production facility, and
			 any other financial incentives in the form of credits, reductions, or
			 allowances associated with the production of renewable natural gas that are
			 applicable to a state, provincial, or federal income taxation obligation;
(c) Fuel- or feedstock-related
			 subsidies or "tipping fees" that may be paid to the seller to accept certain
			 fuels, or local subsidies received by the renewable natural gas production
			 facility for the destruction of particular pre-existing pollutants or the
			 promotion of local environmental benefits; or
(d) Emission reduction credits encumbered or
			 used by the renewable natural gas production facility for compliance with
			 local, state, provincial, or federal operating and/or air quality
			 permits.