reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0890 - Payment of Grants and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Upon Commission approval of a Pre-certified Fund grant or approval of a request
			 for payment from a Case Fund, the Participating Public Utilities must pay the
			 amounts granted pursuant to Commission order. The Participating Public
			 Utilities must pay the amount authorized by the Commission no later than 30
			 days after receipt of the Commission order.
(2) To receive payment of a Case Fund Grant,
			 a grantee must submit a request for payment of Eligible Expenses to the
			 Commission and serve a copy on the Participating Public Utility from whose
			 account payment is to be made. If the grantee intends to release funds not
			 used, the grantee may file a release of funds.
(3) A request for payment or notice of
			 release of funds may be made at any time during an Eligible Proceeding, after
			 the Commission has approved the applicable proposed budget, but grantees should
			 file the request for payment and notice of release no later than November 17,
			 at which time the Commission will issue a final notice to grantees requiring
			 all requests for payment and notices of release by December 15. Grantees who
			 fail to file a request for payment or notice of release by December 15 will be
			 deemed to have released any remaining allocated funds back to the applicable
			 Case Fund.
(4) The request for
			 payment must:
(a) Itemize the expenses, payees
			 and hourly rates for amounts to be reimbursed, including billing details, and
			 including separately identified amounts for consultant or expert witness fees
			 and travel expenses;
(b)
			 Demonstrate that the expenses are reasonable and are directly attributable to
			 issues and positions pursued on behalf of low-income residential customers or
			 Environmental Justice Communities and consistent with the grantee's proposed
			 budget;
(c) Provide information
			 sufficient to show that the grantee has complied with any condition or
			 requirement of the Case Fund Grant; and
(d) Specify whether the request for payment
			 is for a progress payment or final payment in full and indicate whether any
			 approved budget amount may be released back to the applicable Case Fund because
			 the grantee does not intend to request payment for the full approved budget
			 amount.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0900 - Recovery of Justice Funding Grants and Cost Allocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Participating Public Utilities are
			 permitted to recover in rates all amounts paid for Justice Funding Grants.
(a) If a Participating Public Utility seeks
			 rate recovery through a deferred account, the account and amortization of the
			 account is exempt from the amortization caps and earnings test set forth in
			 subsections 5, 6, 7, 8 and 10 of ORS
			 757.259, as such subsections may
			 be amended from time to time and is not included in any calculation of the
			 amortization cap for other deferred accounts.
(b) Amounts in any deferred account under
			 this rule will include carrying costs at the Participating Public Utility's
			 authorized cost of capital.
(c) If
			 the applicable Eligible Proceeding results in a change of rates, Case Fund
			 grants should be incorporated into rates at the same time as the rate change is
			 made.
(d) For Case Fund grants that
			 are not recovered in the Eligible Proceeding in which the funds were expended
			 or when recovering Pre-certification grants, the timing and amortization period
			 for recovering of such Justice Funding Grants will be left to the discretion of
			 the Participating Public Utility, subject to Commission approval.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0000 - Applicability of Division 002

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in this division apply to a complaint subject to ORS
			 756.500 or OAR 860-029-0100  or OAR 860-082-0085  or a petition for declaratory ruling
			 subject to ORS
			 756.450.
			 These provisions supplement the generally applicable filing and contested case
			 procedures contained in OAR chapter 860, division 001, division 029, and
			 division 082.
(2) Upon request or
			 its own motion, the Commission may waive any of the division 002 rules for good
			 cause shown.
(3) Upon the filing of
			 a petition for alternative dispute resolution consistent with these rules, all
			 procedural deadlines associated with a related complaint or petition for
			 declaratory ruling are stayed. A complaint or petition for declaratory ruling
			 is related to the alternative dispute resolution if it raises the same dispute
			 or concerns the same underlying circumstances, or both, and concerns the same
			 parties. The stay is lifted upon the conclusion of the alternative dispute
			 resolution process.
Statutory/Other Authority: ORS
				  756.040 & ORS
				  756.060
Statutes/Other Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0010 - Purpose of Division 002

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 chapter 860, division 002 is intended to facilitate informal resolution of
			 disputes, prevent litigation, and save time and resources for electric
			 companies, qualifying facilities, and the Commission.
(2) These rules are intended to provide for
			 fair, timely, and confidential dispute resolution that will aid parties in
			 reducing the issues presented to the Commission.
Statutory/Other Authority: ORS
				  756.040 & ORS
				  756.060
Statutes/Other Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Mediator"
			 refers to the person or persons appointed by the Chief Administrative Law Judge
			 to serve as the Commission's representative to facilitate the alternative
			 dispute resolution process.
(2)
			 "Party" refers to either the petitioner or respondent identified in the
			 petition for alternative dispute resolution.
(3) "Petitioner" refers to the party that
			 files a petition for alternative dispute resolution under these
			 rules.
(4) "Respondent" refers to
			 the adverse party named in a petition for alternative dispute resolution under
			 these rules, a complaint under ORS
			 756.500 or OAR 860-029-0100  or OAR 860-082-0085, or a petition for declaratory ruling
			 filed pursuant to ORS
			 756.450.
Statutory/Other Authority: ORS
				  756.040 & ORS
				  756.060
Statutes/Other Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0030 - Initiation of Alternative Dispute Resolution Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time or concurrent with the filing
			 of a complaint or a petition for declaratory ruling in a dispute, either party
			 may petition for alternative dispute resolution with the Commission. Before
			 filing such a petition, the petitioner must first provide a written request to
			 the non-petitioning party to participate in the alternative dispute resolution
			 process before the Commission and the non-petitioning party must confirm in
			 writing its agreement to participate in the alternative dispute resolution
			 process. Once both parties confirm in writing their agreement to participate in
			 the alternative dispute resolution process, the Commission will provide
			 mediation services under these rules.
(2) In the event a party files a complaint or
			 petition for declaratory ruling but does not petition for alternative dispute
			 resolution, the respondent named in the complaint or petition for declaratory
			 ruling may file a petition for alternative dispute resolution under these
			 rules. Before filing such a petition, the respondent must first provide written
			 consent to the petitioner to participate in the alternative dispute resolution
			 process before the Commission and petitioner must confirm in writing its
			 agreement to participate in the alternative dispute resolution process. Once
			 both parties confirm their agreement to participate in the alternative dispute
			 resolution process, the Commission will provide mediation services under these
			 rules.
(3) A party receiving a
			 written request to participate in the alternative dispute resolution process
			 under section (1) or (2) above must promptly advise in writing whether or not
			 it agrees to participate in the alternative dispute resolution process under
			 these rules. After the party consents to alternative dispute resolution, the
			 petitioning party will promptly file its petition for alternative dispute
			 resolution as provided in these rules.
Statutory/Other Authority: ORS
				  756.040 & ORS
				  756.060
Statutes/Other Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0040 - Process and Timeline for Alternative Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition for alternative dispute
			 resolution under these rules will be filed with the Commission and will state
			 the names of the parties and an affirmation that the non-petitioning party has
			 agreed to participate in an alternative dispute resolution process.
(2) Within one business day of the filing of
			 a petition for alternative dispute resolution, the Commission will contact the
			 parties to inform them that a mediator has been appointed and to schedule the
			 first mediation session.
(3) Within
			 one business day of the appointment of a mediator, the petitioner will serve
			 upon the non-petitioning party and the mediator the supporting materials
			 described in OAR 860-002-0050.
(4)
			 Within seven business days of receiving supporting materials, the
			 non-petitioning party will serve a response on the petitioner and the
			 mediator.
(5) A mediation session
			 will be held within 14 business days after the initial petition is filed.
			 Subsequent mediation sessions may be scheduled, if both parties
			 agree.
(6) If no agreement is
			 reached in the mediation session and the parties do not request additional
			 mediation sessions, then, no later than three business days following the
			 mediation session, the mediator will file a statement with the Commission
			 indicating that no agreement was reached.
(7) Upon being informed that no agreement was
			 reached, the Commission's Administrative Hearings Division will provide notice
			 in any associated complaint or declaratory ruling docket that the stay on
			 procedural deadlines is lifted.
(8)
			 After the notice is provided, if the parties would like to continue discussions
			 outside of the mediation process, the parties may jointly file a motion to stay
			 further complaint proceedings to facilitate further settlement discussion.
			 Thereafter, either party may provide notice that will end the stay.
(9) Any deadline in this rule may be modified
			 by the agreement of the parties.
Statutory/Other Authority: ORS
				  756.040 & ORS
				  756.060
Statutes/Other Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0050 - Contents of a Petition for Alternative Dispute Resolution, Supporting Materials, and Response Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition for alternative dispute
			 resolution under these rules will be filed using a form made available by the
			 Commission. The petition will include the names of the parties, the docket
			 number of the related complaint or petition for declaratory ruling (if
			 applicable), and an affirmation that the non-petitioning party has agreed to
			 participate in alternative dispute resolution.
(2) Supporting materials for a petition for
			 alternative dispute resolution will not be filed with the Commission but
			 instead will be exchanged by the parties in accordance with OAR 860-002-0040.
			 Supporting materials must not exceed five in length, unless otherwise agreed to
			 by both parties, and
(a) Must explain the
			 core issues in the dispute and provide a summary of background information,
			 and
(b) May be accompanied by
			 reference material intended to aid the mediator's understanding of the issues.
			 Petitioners are particularly encouraged to attach draft or partially-executed
			 power purchase agreements to disputes related to a power purchase agreement.
			 Reference material will not count towards the five-page limitation but should
			 be limited in nature.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0060 - Assignment of a Mediator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 each request for alternative dispute resolution, the Chief Administrative Law
			 Judge must appoint a mediator to facilitate the process.
(2) The Chief Administrative Law Judge may
			 appoint an Administrative Law Judge trained in mediation, a mediation expert
			 contracted to provide services to the Commission, or a mediator that has been
			 suggested by both parties.
(a) If the Chief
			 Administrative Law Judge appoints an Administrative Law Judge as mediator, that
			 same Administrative Law Judge will not be appointed to preside over any related
			 complaint or petition for declaratory ruling.
(b) An Administrative Law Judge that acts as
			 mediator for a dispute is not permitted to disclose any aspect of the parties'
			 positions, statements, or proposals with anyone (other than the parties),
			 including but not limited to the Administrative Law Judge assigned to the
			 related complaint or petition for declaratory ruling, Commissioners, Commission
			 Staff, or Commission Advisors.
(c)
			 The mediator must maintain confidentiality with respect to the mediation
			 proceedings, and may disclose only whether an agreement was reached and if so,
			 may disclose terms of the agreement if authorized by both parties.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0070 - Confidentiality and Use of Statements, Proposals, or Materials in Alternative Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise agreed to by the parties in writing, all written or oral
			 communications made by the parties in preparation for or during the mediation
			 session(s) including but not limited to offers of settlement must be kept
			 confidential by the parties and the mediator, may not be used by the
			 non-disclosing party for any purpose other than participation in the mediation
			 process, and may not be released to any third party or be offered into evidence
			 in any legal proceeding unless agreed to in writing by both parties.
			 Confidentiality obligations in this section apply to each party's employees and
			 representatives (including each party's counsel).
(2) For purposes of ORS
			 192.502(4),
			 the Commission obligates itself to protect from disclosure any document
			 submitted in confidence during settlement discussions.
Statutory/Other Authority: ORS
				  756.040 & ORS
				  756.060
Statutes/Other Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0080 - Alternative Dispute Resolution Mediation Session

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise agreed to by the
			 parties, no more than four persons for each party may attend the mediation
			 session. Only the parties and the mediator may attend the mediation session,
			 except as provided in section 2 of this rule.
(2) If agreed, parties may request that
			 Commission Staff participate in a mediation. The Administrative Hearings
			 Division will assess whether or not it is possible for Commission Staff to
			 participate in an individual mediation. Any appointed Staff is not permitted to
			 participate in any related complaint or petition for declaratory ruling
			 proceedings, and is not permitted to disclose any aspect of the parties'
			 positions, statements, or proposals with anyone (other than the parties),
			 including but not limited to the Administrative Law Judge or Commission Staff
			 assigned to the related complaint or petition for declaratory ruling,
			 Commissioners, or Commission Advisors.
(3) The mediation session is led by the
			 mediator. The mediator will begin the session by introducing parties, reviewing
			 the protocol for the session, and stating the goals for the session. At the
			 outset of the mediation, each party will be given time to present their view of
			 the dispute without interruption.
(4) Where appropriate, the session may result
			 in a negotiation. The assigned mediator will be available to the parties to
			 support the development of settlement proposals.
(a) At the request of parties, the mediator
			 may lead a settlement discussion, engage in shuttle diplomacy between parties,
			 or develop proposed settlement concepts after the mediation session for
			 presentation at a subsequent mediation session.
(b) If an agreement is reached, at the
			 request of the parties, the mediator may continue to work with the parties
			 under this rule in resolving any disputes that may arise in drafting a final
			 written settlement agreement.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 2 - ALTERNATIVE DISPUTE RESOLUTION › Section 860-002-0090 - Mediator Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 mediator may provide parties with an independent assessment of the issues and
			 potential outcome of the case.
(2)
			 The mediator may provide the confidential assessment orally at the conclusion
			 of a mediation session or, if requested by the parties, in writing to the
			 parties following the session.
(3)
			 The confidential independent assessment will be provided only to the parties
			 and will not be provided to any other person, including any other party at the
			 Commission, including, but not limited to, the Administrative Law Judge
			 presiding over any related complaint or petition for declaratory ruling, the
			 Commissioners, Commission Staff, or Commission Advisors. The assessment may not
			 be admitted into in any legal proceeding unless agreed to in writing by both
			 parties.
Statutory/Other Authority: ORS
				  756.040 & ORS
				  756.060
Statutes/Other Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 11 - GENERAL › Section 860-011-0036 - Personal Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Commission may enter into personal services contracts as required or
			 appropriate for the discharge of its duties.
(2) The model rules adopted by the Attorney
			 General do not apply to the Commission.
(3) Department of Administrative Services
			 Public Contracting Rules for Personal Services Contracts OAR chapter 125,
			 divisions 246, 247 and 248 apply to all personal services contracts, except as
			 specified in section (4) of this rule.
(4) The following public contracting rules do
			 not apply to personal services contracts used by the Commission: OARs
			 125-246-0345(2), 125-246-0350, 125-246-0351, and 125-246-0352.
Stat. Auth.: ORS
				  756.036
Stats. Implemented: ORS
				  756.036 &
				  279A.050
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0000 - Definitions and Filing Dates

Current through Register Vol. 63, No. 7, July 1, 2024
As used in division 16 of the rules:
(1) "The Act" means the federal
			 Communications Act of 1934, as amended by the Telecommunications Act of 1996.
(2) "Arbitration" means the
			 submission of a dispute for resolution by a neutral third party appointed by
			 the Commission pursuant to Section 252(b) of the Act.
(3) "Commission" means the Public Utility
			 Commission of Oregon.
(4)
			 "Mediation" means a process in which a neutral third party assists negotiating
			 parties to reach their own solution pursuant to Section 252(a)(2) of the Act.
(5) "Petitioner" means a person
			 who has filed a petition for arbitration under the Act.
(6) "Respondent" means the party to a
			 negotiation, which did not make the request for arbitration.
(7) Filing dates are calculated and enforced
			 per OAR 860-001-0150.
Stat. Auth.: ORS 183 & 756
Stats. Implemented:
				  47
				  USC 252
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0005 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
Upon request or its own motion, the Commission may waive any of
				the Division 016 rules for good cause shown. A request for waiver must be made
				in writing, unless otherwise allowed by the Commission or
				Arbitrator.
Stat. Auth.: ORS
				  756.040
Stats. Implemented: ORS
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0010 - Commission Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The policy of the Public Utility Commission of Oregon relating
				to mediation and arbitration under the Act is to facilitate the execution of
				interconnection agreements among telecommunications carriers. The Commission
				encourages and will assist parties to reach agreement on access to the
				telecommunications network, as well as the routing of and payment for
				interconnected calls. When the parties do not reach agreement among themselves,
				the Commission will arbitrate disputes so that interconnection agreements will
				be fair and will comply with the provisions of the Act.
Stat. Auth.: ORS 756
Stats. Implemented:
				  47
				  USC 252
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0015 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not the
			 documents are confidential under this or other rules of the agency, mediation
			 communications are exempt from disclosure under the Public Records Law to the
			 extent provided in 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6) through (10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials, or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice, or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the administrative law judge in
			 a contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rules, or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0020 - Agreements Arrived at Through Negotiation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receiving a request for
			 interconnection, services, or network elements pursuant to Section 251 of the
			 Act, the affected telecommunications carrier may negotiate and enter into a
			 binding agreement with the requesting telecommunications carrier.
(2) The negotiating parties may ask a
			 mediator outside the Commission to help them reach agreement. If they request
			 the Commission to mediate, the Commission will use an Administrative Law Judge
			 (ALJ) or a member of the utility Staff to mediate. Only the negotiating parties
			 and the mediator will participate in mediation sessions.
(3) After the parties reach agreement under
			 Section 252(a) of the Act, they must file an application with the Commission
			 seeking approval of the agreement, or for approval of an amendment to an
			 approved agreement on file with the Commission. The application must include
			 the negotiated agreement and a completed Carrier-to-Carrier Agreement
			 Checklist. A copy of the checklist is available on the Commission's website.
			 The parties may also include any other supporting information with their
			 application. The application and checklist must be filed electronically as
			 required in OAR 860-001-0170.
(4)
			 The Commission will approve or reject the agreement within 90 days of filing,
			 with written findings as to any deficiencies. Prior to rejecting the agreement,
			 the Commission will notify the negotiating parties of its intended action and
			 provide an opportunity for the carriers to respond. The grounds for rejection
			 are that the agreement:
(a) Discriminates
			 against a carrier not a party to the agreement; or
(b) Is not consistent with the public
			 interest, convenience, and necessity. Applicable Commission policies will be a
			 factor in public interest, convenience, and necessity determinations.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0021 - Wholesale Promotions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 carrier intending to offer a wholesale promotion that would modify the terms of
			 a Carrier-to-Carrier Agreement must provide the Commission and other
			 telecommunications carriers notice of the promotion at least 30 days prior to
			 the effective date of the promotion. The notice to the Commission must include:
(a) A copy of a form contract, containing the
			 terms and conditions of the promotional offering that would be submitted as an
			 amendment to an existing Carrier-to-Carrier Agreement; and
(b) A description of the means used to notify
			 other telecommunications carriers of the promotion.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0025 - Adoption of Previously Approved Agreement or Statement of Generally Available Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 requesting telecommunications carrier decides to adopt an identical agreement
			 or an identical individual arrangement contained in an agreement, pursuant to
			 Section 252(i) of the Act and  47 CFR Section 51.809, with the exception of the
			 adopting party's name and new effective date, previously approved by and on
			 file with the Commission, or a Statement of Generally Available Terms approved
			 by the Commission under OAR 860-016-0040, it must file notice of the adoption
			 with the Commission. The notice must include a completed Carrier-to-Carrier
			 Agreement Checklist.
(2) The
			 notice documents must be filed electronically as required in OAR 860-001-0170.
(3) If the notice is filed jointly
			 with the affected telecommunications carrier, the adoption becomes effective on
			 the date filed.
(4) If the notice
			 is filed unilaterally by the requesting telecommunications carrier, the
			 requesting telecommunications carrier must simultaneously provide notice of the
			 adoption to the affected carrier. The affected carrier may then file objections
			 to the adoption within 21 calendar days of such notice. If no objections are
			 filed, the adoption becomes effective on the 22nd day after filing.
(5) An affected carrier may object to an
			 adoption on the following grounds:
(a) The
			 costs of providing a particular interconnection, service, or element to the
			 requesting telecommunications carrier are greater than the costs of providing
			 it to the telecommunications carrier that originally negotiated the agreement;
(b) The provision of a particular
			 interconnection, service, or element to the requesting carrier is not
			 technically feasible;
(c) There is
			 new federal or state law that requires modification of the agreement proposed
			 to be adopted;
(d) The agreement
			 proposed to be adopted has expired or been cancelled; or
(e) The proposed adoption is unlawful.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0030 - Arbitration of Disputes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Negotiating parties may engage the services of an outside arbitrator rather
			 than file a petition with the Commission. If the negotiating parties petition
			 the Commission to arbitrate their dispute, the Commission will use an ALJ as
			 arbitrator unless workload constraints necessitate the use of an outside
			 arbitrator.
(2) A petition for
			 arbitration must contain:
(a) Identification
			 of the parties' representatives, including contact information with electronic
			 mail addresses;
(b) A statement of
			 all unresolved issues;
(c) A
			 description of each party's position on the unresolved issues;
(d) A proposed agreement addressing all
			 issues, including those on which the parties have reached agreement and those
			 that are in dispute. Wherever possible, the petitioner should rely on the
			 fundamental organization of clauses and subjects contained in an agreement
			 previously approved by the Commission; and
(e) Documentation showing that the request
			 complies with the time requirements of the Act.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0040 - Statement of Generally Available Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Bell Operating Company may file a
			 statement of generally available terms that comply with Sections 251 and 252 of
			 the Act. Any person may file comments concerning the statement of generally
			 available terms within 30 days of the filing of the statement. The comments
			 shall be limited to the standards for review established in this
			 rule.
(2) The Commission will
			 review the statement of generally available terms within 60 days of its
			 submission, and either reject it or permit it to go into effect. The period for
			 review may be extended if the submitting carrier agrees to a time extension.
			 The Commission may continue to review the statement after it has gone into
			 effect.
Stat. Auth.: ORS 756
Stats. Implemented:
				  47
				  USC 252
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0000 - Applicability of Division 021

Current through Register Vol. 63, No. 7, July 1, 2024
The rules contained in this Division apply to energy utilities
				and large telecommunications utilities, as defined in OAR
				860-021-0008.
Stat. Auth.: ORS 183, ORS 756, ORS 757 & ORS 759
Stats. Implemented: ORS
				  756.040, ORS
				  759.036, ORS
				  759.040 & ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0005 - Scope of the 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 021 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
Stats. Implemented: ORS
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0008 - Definitions for Regulation of Utility Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Applicant" means a person who:
(a) Applies for service with an energy or
			 large telecommunications utility;
(b) Reapplies for service at a new or
			 existing location after service has been discontinued; or
(c) Has not satisfied the requirements of OAR
			 860-021-0205  or 860-021-0335(2)  within the required time period, if either rule
			 is applicable.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0009 - Applications for Utility Service from an Energy or Large Telecommunications Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 application for energy or telecommunications utility service must be made when:
(a) Service is requested by a person who has
			 not previously been served by the energy or large telecommunications
			 utility;
(b) Service has been
			 involuntarily discontinued in accordance with these rules, and the person later
			 seeks to have service restored; or
(c) Service has been voluntarily
			 discontinued, and a request to restore service has not been made within 20
			 days.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0011 - Multilingual Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 energy utilities' and large telecommunications utilities' disconnect notices
			 shall contain the following information translated into Spanish, Vietnamese,
			 Cambodian, Laotian, and Russian: IMPORTANT NOTICE: Your (electric, gas, or
			 telephone) services will be shut off due to an unpaid balance on your account.
			 You must act immediately to avoid shutoff. Important information about how you
			 can avoid shutoff is printed in English in the enclosed notice. If you cannot
			 understand English, please find someone to translate the notice. If translation
			 assistance is unavailable, please contact (name) at (phone number) who will try
			 to help you. Information on customer's rights and responsibilities printed in
			 this language is also available by calling that number. YOU MUST ACT NOW TO
			 AVOID SHUTOFF.
(2) The Commission
			 will translate a customer's rights and responsibilities summary into the
			 designated non-English languages and provide copies to utilities. The customer
			 information published by an energy or large telecommunications utility pursuant
			 to OAR 860-021-0010  shall prominently display the following information printed
			 in the designated non-English languages, in boldface, at the beginning of the
			 summary: A version of a customer rights and responsibilities summary printed in
			 this language is available by calling (name of utility) at (phone
			 number).
(3) The energy or large
			 telecommunications utility shall record all requests and promptly send the
			 requested version of the summary to the customer.
Statutory/Other Authority: ORS 183, ORS 756, ORS 757 &
				  ORS 759
Statutes/Other Implemented: ORS
				  756.040 & OL
				  1987, Ch. 290
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0015 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 dispute occurs between a customer or applicant and a utility about any charge
			 or service, the utility must:
(a) Thoroughly
			 investigate the matter;
(b)
			 Promptly report the results of its investigation to the complainant;
(c) Inform the complainant of the right to
			 have a utility supervisor review any dispute;
(d) Prepare a written record of the dispute
			 including the name and address of the complainant involved, the date the
			 complaint was received, the issues in dispute, and the disposition of the
			 matter; and
(e) Retain records of
			 the dispute for at least 36 months after the investigation is closed.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0017 - Designation of Third Party to Receive Notices

Current through Register Vol. 63, No. 7, July 1, 2024
Each energy or large telecommunications utility shall offer its
				customers the option to designate a third party to receive bills and notices
				set forth in these rules. When an energy or large telecommunications utility
				receives such designation, it shall send bills and notices required under these
				rules to the customer's representative, with duplicate copies of disconnect
				notices also served on the customer.
Stat. Auth.: ORS 183, ORS 756, ORS 757 & ORS 759
Stats. Implemented: ORS
				  756.040, ORS
				  756.500 & ORS
				  757.760
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0019 - Restrictions on Entering a Customer Residence

Current through Register Vol. 63, No. 7, July 1, 2024
No employee of an energy or large telecommunications utility
				shall enter the residence of a customer without proper authorization except in
				an emergency endangering life or property.
Stat. Auth.: ORS 183, ORS 756, ORS 757 & ORS 759
Stats. Implemented: ORS
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0021 - Interruption of Utility Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each energy or large telecommunications utility shall keep a record of any
			 interruption of service affecting its whole system, or a major section thereof,
			 including a statement of the time, duration, and cause of
			 interruption.
(2) Each energy or
			 large telecommunications utility shall make all reasonable efforts to prevent
			 interruptions of service. When such interruptions occur, the energy or large
			 telecommunications utility shall endeavor to reestablish service with the
			 shortest possible delay consistent with the safety of its customers, employees,
			 and the general public.
(3) In cases
			 when the interruption of service lasts longer than 21 days, the utility shall
			 promptly notify the Commission; and provide the reasons for the continued
			 interruption, the efforts to that date the utility had taken to restore
			 service, and what additional events or measures are required to restore
			 service.
(4) Each energy or large
			 telecommunications utility shall make reasonable efforts to notify every
			 customer affected in advance of any scheduled work that will interrupt service,
			 but such notice shall not be required in case of interruption due to emergency
			 repairs or for repairs or maintenance work performed by a telecommunications
			 utility that results in an interruption of less than five minutes. All
			 scheduled interruptions shall be made at a time causing minimum inconvenience
			 to customers. In determining reasonable notice, the energy or large
			 telecommunications utility shall consider the length of the planned
			 interruption, the type and number of customers affected, the potential impact
			 of the interruption on customers, and other surrounding circumstances. Notice
			 may be given in writing, either via US mail, electronically, or a door hanger
			 on the affected premises, or by contact with the customer or an adult at the
			 residence by personal visit or by telephone.
(5) In addition to the requirements above,
			 electric utilities shall comply with OAR 860-023-0081  through 860-023-0161,
			 which set additional requirements for electric service reliability and
			 reporting.
Statutory/Other Authority: ORS 183, ORS 756, ORS 757 &
				  ORS 759
Statutes/Other Implemented: ORS
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0033 - Annual Fees Payable to the Commission by an Electric Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On statement
			 forms prescribed by the Commission, each electric company must provide the
			 requested information for the subject year.
(2) Each electric company must pay to the
			 Commission an annual fee on gross operating revenues derived within Oregon at a
			 rate determined by Commission orders entered on or after March 1 of each year.
			 Each electric company must pay the annual fee on or before the date specified
			 in a notice, which date must be at least 15 days after the mailing of the
			 notice. For the purpose of this section, the gross operating revenues of an
			 electric company do not include revenues from sales of power for resale to the
			 extent that the revenues from those sales exceed an amount equal to 25 percent
			 of the total revenues received by the electric company from sales of
			 electricity to end users in the preceding calendar year.
(3) Each electric company must pay to the
			 Commission:
(a) A minimum annual fee of $10.
			 The annual fee is due on or before April 1 of the year after the calendar year
			 on which the annual fee is based.
(b) A late statement fee in accordance with
			 OAR 860-001-0050, if the Commission has not received the electric company's
			 statement form, completed in compliance with section (1) of this rule, on or
			 before 5 p.m. Pacific Time on the fifth business day following the due
			 date.
(c) A penalty fee for failure
			 to pay the full amount when due, as required under ORS
			 756.350.
(d) A service fee in accordance with OAR
			 860-001-0050  for each payment returned for non-sufficient funds.
(e) All costs incurred by the Commission to
			 collect a past-due annual fee from the electric company.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0034 - Annual Fees Payable to the Commission by Gas Utility or Steam Heat Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On
			 statement forms prescribed by the Commission, each gas utility and steam heat
			 utility must provide the requested information for the subject year.
(2) Each gas utility and steam heat utility
			 must pay to the Commission an annual fee on gross operating revenues derived
			 within Oregon at a rate determined by Commission orders entered on or after
			 March 1 of each year.
(3) Each gas
			 utility and steam heat utility must pay to the Commission:
(a) A minimum annual fee of $10. The annual
			 fee is due on or before April 1 of the year after the calendar year on which
			 the annual fee is based.
(b) A
			 late statement fee in accordance with OAR 860-001-0050, if the Commission has
			 not received the utility's statement form, completed in compliance with section
			 (1) of this rule, on or before 5 p.m. Pacific Time on the fifth business day
			 following the due date.
(c) A
			 penalty fee for failure to pay the full amount when due, as required under ORS
			 756.350.
(d) A service fee in accordance with OAR
			 860-001-0050  for each payment returned for non-sufficient funds.
(e) All costs incurred by the Commission to
			 collect a past-due annual fee from the utility.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0036 - Annual Fees Payable to the Commission by a Large Telecommunications Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On
			 statement forms prescribed by the Commission, each large telecommunications
			 utility must provide the requested information for the subject year.
(2) Each large telecommunications utility
			 must pay to the Commission an annual fee on gross retail intrastate revenue
			 derived within Oregon at a rate determined by Commission orders entered on or
			 before November 1 of each year:
(a) A minimum
			 annual fee of $100. The annual fee is due on or before April 1 of the year
			 after the calendar year on which the annual fee is based. The annual fee rate
			 will not exceed the rate authorized in ORS
			 756.310 of the gross retail intrastate revenue during the calendar year on which the
			 annual fee is based.
(b) A late
			 statement fee in accordance with OAR 860-001-0050, if the Commission has not
			 received the utility's statement form, completed in compliance with section (1)
			 of this rule, on or before 5 p.m. Pacific Time on the fifth business day
			 following the due date.
(c) A
			 penalty fee for failure to pay the full amount when due, as required under ORS
			 756.350 and OAR 860-032-0008(1).
(d) A
			 service fee in accordance with OAR 860-001-0050  for each payment returned for
			 non-sufficient funds.
(e) All costs
			 incurred by the Commission to collect a past-due annual fee from the
			 utility.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 21 - UTILITY REGULATION › Section 860-021-0037 - Estimated Annual Fees Payable to the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any year in which an energy or large
			 telecommunications utility fails to file a completed statement form, the
			 Commission may determine a proposed annual fee based upon any information
			 available to the Commission. The proposed annual fee must:
(a) Include a penalty fee for failure to pay
			 as required by ORS 756.350;
(b) Include a late statement fee in
			 accordance with OAR 860-001-0050; and
(c) Be made no later than three (3) years
			 after the statement form's due date.