reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0020 - Definitions for Pole and Conduit Attachment Rules

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this Division:
(1) "Attachment" has the meaning given in ORS
			 757.270 and
			 759.650.
(2) "Authorized attachment space" means the
			 usable space occupied by one or more attachments on a pole by an occupant with
			 the pole owner's permission.
(3)
			 "Carrying charge" means the costs incurred by the owner in owning and
			 maintaining poles or conduits. The carrying charge is expressed as a
			 percentage. The carrying charge is the sum of the percentages calculated for
			 the following expense elements, using owner's data from the most recent
			 calendar year and that are publicly available to the greatest extent possible:
(a) The administrative and general percentage
			 is total general and administrative expense as a percent of net investment in
			 total plant.
(b) The maintenance
			 percentage is maintenance of overhead lines expense or conduit maintenance
			 expense as a percent of net investment in overhead plant facilities or conduit
			 plant facilities.
(c) The
			 depreciation percentage is the depreciation rate for gross pole or conduit
			 investment multiplied by the ratio of gross pole or conduit investment to net
			 investment in poles or conduit.
(d)
			 Taxes are total operating taxes, including, but not limited to, current,
			 deferred, and "in lieu of" taxes, as a percent of net investment in total
			 plant.
(e) The cost of money is
			 calculated as follows:
(A) For a
			 telecommunications utility, the cost of money is equal to the rate of return on
			 investment authorized by the Commission in the pole or conduit owner's most
			 recent rate or cost proceeding;
(B)
			 For a public utility, the cost of money is equal to the rate of return on
			 investment authorized by the Commission in the pole or conduit owner's most
			 recent rate or cost proceeding; or
(C) For a consumer-owned utility, the cost of
			 money is equal to the utility's embedded cost of long-term debt plus 100 basis
			 points. Should a consumer-owned utility not have any long-term debt, then the
			 cost of money will be equal to the 10-year treasury rate as of the last traded
			 day for the relevant calendar year plus 200 basis points.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0050 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR chapter 860
			 division 028 governs access to utility poles, conduits, and support equipment
			 by occupants in Oregon.
(2) OAR
			 chapter 860, division 028 is intended to provide just and reasonable provisions
			 when the parties are unable to agree on certain terms.
(3) With the exceptions of OARs 860-028-0060  through 860-028-0080, 860-028-0115, and 860-028-0120, parties may mutually
			 agree on terms that differ from those in this division. In the event of
			 disputes submitted for Commission resolution, the Commission will deem the
			 terms and conditions specified in this division as presumptively reasonable. If
			 a dispute is submitted to the Commission for resolution, the burden of proof is
			 on any party advocating a deviation from the rules in this division to show the
			 deviation is just, fair and reasonable.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  757.035,
				  757.270 - 290,
				  759.045 &
				  759.650 - 675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0060 - Attachment Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 entity requiring pole attachments to serve customers should be allowed to use
			 utility poles, ducts, conduits, rights-of-way, manholes, handholes, or other
			 similar facilities jointly, as much as practicable.
(2) To facilitate the joint use of poles,
			 entities must execute contracts establishing the rates, terms, and conditions
			 of pole use in accordance with OAR 860-028-0120. Government entities are not
			 required to execute contracts.
(3)
			 Parties must negotiate pole attachment contracts in good faith.
(4) Unless expressly prohibited by contract,
			 the last effective contract between the parties will continue in effect until a
			 new contract between the parties goes into effect.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  757.035,
				  757.270 - 290,
				  759.045 &
				  759.650 - 675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0080 - Costs of Hearing in Attachment Contract Disputes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Commission issues an order in an
			 attachment contract dispute that applies to a consumer-owned utility, as
			 defined by ORS 757.270, the order must also
			 provide for payment by the parties of the cost of the hearing.
(2) The cost of the hearing includes, but is
			 not limited to, the cost of Commission employee time, the use of facilities,
			 and other costs incurred. The rates will be set at cost. Upon request of a
			 party, and no more than once every 60 days, the Commission will provide to the
			 parties the costs incurred to date in the proceeding.
(3) The Joint-Use Association is not
			 considered a party for purposes of this rule when participating in a case as an
			 advisor to the Commission.
(4) The
			 Commission will allocate costs in a manner that it considers equitable. The
			 following factors will be considered in allocating costs:
(a) Whether the party unreasonably burdened
			 the record or delayed the proceeding;
(b) Merits of the party's positions
			 throughout the course of the proceeding; and
(c) Other factors that the Commission deems
			 relevant.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0100 - Application Process for New or Modified Attachments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule, "applicant" does
			 not include a government entity.
(2) An applicant requesting a new or modified
			 attachment must submit an application providing the following information in
			 writing or electronically to the owner:
(a)
			 Information for contacting the applicant.
(b) The pole owner may require the applicant
			 to provide the following technical information:
(A) Location of identifying pole or conduit
			 for which the attachment is requested;
(B) The amount of space requested;
(C) The number and type of attachment for
			 each pole or conduit;
(D) Physical
			 characteristics of attachments;
(E)
			 Attachment location on pole;
(F)
			 Description of installation;
(G)
			 Proposed route; and
(H) Proposed
			 schedule for construction.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0110 - Rental Rates and Charges for Attachments by Licensees to Poles Owned by Public Utilities, Telecommunications Utilities, and Consumer-Owned Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies whenever a party files a complaint with the Commission pursuant to
			 ORS 757.270 through
			 757.290 or
			 759.650 through
			 759.675.
(2) The pole attachment rental rate per foot
			 is computed by multiplying the pole cost by the carrying charge and then
			 dividing the product by the usable space per pole. The rental rate per pole is
			 computed as the rental rate per foot multiplied by the licensee's authorized
			 attachment space.
(3) The rental
			 rates referenced in section (2) of this rule do not include the costs of permit
			 application processing, preconstruction activity, post construction inspection,
			 make ready work, and the costs related to unauthorized attachments. Charges for
			 activities not included in the rental rates will be based on actual costs,
			 including administrative costs, and will be charged in addition to the rental
			 rate.
(4) Authorized attachment
			 space for rental rate determination must comply with the following:
(a) The initial authorized attachment space
			 on a pole must not be less than 12 inches. The owner may authorize additional
			 attachment space in increments of less than 12 inches.
(b) For each attachment permit, the owner
			 must specify the authorized attachment space on the pole that is to be used for
			 one or more attachments. This authorized attachment space will be specified in
			 the owner's attachment permit.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0115 - Duties of Structure Owners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An owner must install, maintain, and operate its facilities in compliance with
			 Commission Safety Rules.
(2) An
			 owner must establish, maintain, and make available to occupants its joint use
			 construction standards for attachments to its poles, towers, and for joint
			 space in conduits. Standards for attachment must apply uniformly to attachments
			 by all operators, including the owner.
(3) An owner must establish and maintain
			 mutually agreeable protocols for communications between the owner and its
			 occupants.
(4) An owner must
			 immediately correct violations that pose imminent danger to life or property.
			 In the event that a pole occupant performs the corrections, a pole owner must
			 reimburse the pole occupant for the actual cost of corrections. Charges imposed
			 under this section must not exceed the actual cost of corrections.
(5) An owner must respond to a pole
			 occupant's request for assistance in making a correction within 45
			 days.
(6) An owner must ensure the
			 accuracy of inspection data prior to transmitting information to the pole
			 occupant.
(7) Vegetation around
			 communications lines must not pose a foreseeable danger to the pole and
			 electric supply operator's facilities.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  757.035,
				  757.270 - 290,
				  759.045 &
				  759.650 - 675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0120 - Duties of Pole Occupants

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in sections (2) and (3) of this rule, a pole occupant
			 attaching to one or more poles of a pole owner must:
(a) Have a written contract with the pole
			 owner that specifies general conditions for attachments on the poles of the
			 pole owner;
(b) Have a permit
			 issued by the pole owner for each pole on which the pole occupant has
			 attachments;
(c) Install and
			 maintain the attachments in compliance with the written contracts required
			 under subsection (1)(a) of this rule and with the permits required under
			 subsection (1)(b) of this rule; and
(d) Install and maintain the attachments in
			 compliance with Commission safety rules.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0130 - Sanctions for Having No Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, a pole owner may impose a sanction on a pole occupant that is in
			 violation of OAR 860-028-0060(2). The sanction may not exceed $500 per pole.
			 This rule does not apply to:
(a) A pole
			 occupant that is a government entity; or
(b) A pole occupant operating under an
			 expired or terminated contract and participating in good faith efforts to
			 negotiate a contract or engaged in formal dispute resolution, arbitration, or
			 mediation regarding the contract; or
(c) A pole occupant operating under a
			 contract that is expired if both pole owner and occupant are unaware that the
			 contract expired and both carry on business relations as if the contract terms
			 are mutually-agreeable and still applicable.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0140 - Sanctions for Having No Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (3) of this
			 rule, a pole owner may impose a sanction on a pole occupant that is in
			 violation of OAR 860-028-0120(1)(b), except as provided in
			 860-028-0120(3).
(2) Sanctions
			 imposed under this rule may not exceed:
(a)
			 Five times the current annual rental fee per pole if the violation is reported
			 by the occupant to the owner and is accompanied by a permit application or is
			 discovered through a joint inspection between the owner and occupant and
			 accompanied by a permit application; or
(b) $100 per pole plus five times the current
			 annual rental fee per pole if the violation is reported by the owner in an
			 inspection in which the occupant has declined to participate.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0150 - Sanctions for Violation of Other Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A pole owner may impose a sanction on a
			 pole occupant that is in violation of OAR 860-028-0120(1)(c), (1)(d), or (3).
			 Sanctions imposed for these violations may not exceed $200 per pole.
(2) A pole owner may impose a sanction on a
			 pole occupant that is in violation of OAR 860-028-0120(5). Sanctions imposed
			 under this section must not exceed 15 percent of the actual cost of corrections
			 incurred under OAR 860-028-0120(5).
(3) Sanctions and charges imposed under
			 sections (1) and (2) of this rule do not apply if:
(a) The occupant submits a plan of correction
			 in compliance with OAR 860-028-0170  within 60 calendar days of receipt of
			 notification of a violation; or
(b)
			 The occupant corrects the violation and provides notification of the correction
			 to the owner within 180 calendar days of receipt of notification of the
			 violation.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0160 - Choice of Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 pole owner contends that an attachment of a pole occupant violates more than
			 one rule that permits the pole owner to impose a sanction, then the pole owner
			 may select only one such rule on which to base the sanction.
(2) If a pole owner has a contract with a
			 pole occupant that imposes sanctions that differ from those set out in these
			 rules, then the sanctions in the contract apply unless the pole owner and pole
			 occupant agree otherwise.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  757.035,
				  757.270 - 290,
				  759.045 &
				  759.650 - 675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0170 - Plans of Correction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A plan
			 of correction must, at a minimum, set out:
(a) Any disagreement, as well as the facts on
			 which it is based, that the pole occupant has with respect to the violations
			 alleged by the pole owner in the notice;
(b) The pole occupant's suggested compliance
			 date, as well as reasons to support the date, for each pole that the pole
			 occupant agrees is not in compliance with OAR 860-028-0120.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0180 - Removal of Occupant Pole Attachments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the pole occupant fails to meet the
			 time limitations set out in OARs 860-028-0120, 860-028-0130, 860-028-0140, or
			 860-028-0150  by 180 or more days, then the pole owner may request an order from
			 the Commission authorizing removal of the pole occupant's attachments. Nothing
			 in this section precludes a party from pursuing other legal remedies.
(2) This rule does not apply to a pole
			 occupant that is a government entity.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  757.035,
				  757.270-290,
				  759.045 &
				  759.650-675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0190 - Notice of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
A pole owner that seeks, under these rules, any type of relief
				against a pole occupant for violation of OAR 860-028-0120  must provide the pole
				occupant notice of each attachment allegedly in violation of the rule,
				including the provision of the rule each attachment allegedly violates; an
				explanation of how the attachment violates the rule; and the pole number and
				location, including pole owner maps and GPS coordinates, if
				available.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040,
				  757.035,
				  757.270-290,
				  759.045 &
				  759.650-675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0195 - Time Frame for Final Action by Commission

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission shall issue its final order within 360 days of
				the date a complaint is filed in accordance with these rules. This rule does
				not apply to a complaint involving the attachment(s) of an "incumbent local
				exchange carrier" (as that phrase is defined in  47 U.S.C. Section 251(h) (2002)).
Stat. Auth.: ORS 183, 756, 757 & 759, 47 USC ¦
				  224(c)(3)(B)(ii)
Stats. Implemented: ORS
				  756.040,
				  757.270-290,
				  759.045 &
				  759.650-675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0200 - Joint-Use Association

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pole
			 owners and pole occupants shall establish a Joint-Use Association (JUA). The
			 Association shall elect a Board from the JUA, which shall include
			 representatives of pole owners, pole occupants, and government entities. The
			 Board shall act as an advisor to the Commission with respect to:
(a) Adoption, amendment, or repeal of
			 administrative rules governing pole owners and pole occupants; and
(b) Settlement of disputes between a pole
			 owner and a pole occupant that arise under administrative rules governing pole
			 owners and pole occupants.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0210 - Resolution of Disputes over Plans of Correction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a pole occupant and a pole owner have
			 a dispute over the reasonableness of the plan of correction, then either party
			 may request an order from the Commission to resolve the dispute. The party
			 requesting resolution shall provide notice of its request to the Commission and
			 to the other party:
(a) Upon receipt of a
			 request, the Commission Staff shall, within 15 days, provide to the parties a
			 recommended order for the Commission;
(b) Either party may, within 15 days of
			 receipt of the recommended order, submit written comments to the Commission
			 regarding the recommended order;
(c) Upon receipt of written comments, the
			 Commission shall, within 15 days, issue an order.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0220 - Resolution of Factual Disputes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a pole occupant and pole owner have a dispute over facts that the pole
			 occupant and pole owner must resolve so that the pole owner can impose
			 appropriate sanctions, or in the event that a pole occupant is alleging that a
			 pole owner is unreasonably delaying the approval of a written contract or the
			 issuance of a permit, then either the pole owner or the pole occupant may
			 request a settlement conference before the Joint-Use Association (JUA). The
			 party making the request shall provide notice to the other party and to the
			 JUA.
(2) If the JUA does not settle
			 a dispute described in section (1) of this rule within 90 days of the notice,
			 then either the pole owner or the pole occupant may request a hearing before
			 the Commission and an order from the Commission to resolve the dispute:
(a) Upon receipt of a request, the Commission
			 Staff shall, within 30 days, provide to the parties a recommended order for the
			 Commission;
(b) Either party may,
			 within 30 days of receipt of the recommended order, submit written comments to
			 the Commission regarding the recommended order;
(c) Upon receipt of written comments, the
			 Commission shall, within 30 days, issue an order.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0230 - Pole Attachment Rental Reductions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (3), a
			 licensee must receive a rental reduction.
(2) The rental reduction must be based on ORS
			 757.282(3) and
			 applicable administrative rules.
(3) A pole owner or the Commission may deny
			 the rental reduction to a licensee, if either the pole owner or the Commission
			 can show that:
(a) The licensee caused serious
			 injury to the pole owner, another pole joint-use entity, or the public
			 resulting from non-compliance with Commission safety rules and Commission pole
			 attachment rules or its contract or permits with the pole owner;
(b) The licensee does not have a written
			 contract with the pole owner that specifies general conditions for attachments
			 on the poles of the pole owner;
(c)
			 The licensee engaged in a pattern of failing to obtain permits issued by the
			 pole owner for each pole on which the pole occupant has attachments;
(d) The licensee engaged in a pattern of
			 non-compliance with its contract or permits with the pole owner, Commission
			 safety rules, or Commission pole attachment rules;
(e) The licensee engaged in a pattern of
			 failing to respond promptly to the pole owner, Commission Staff, or civil
			 authorities in regard to emergencies, safety violations, or pole modification
			 requests; or
(f) The licensee
			 engaged in a pattern of delays, each delay greater than 45 days from the date
			 of billing, in payment of fees and charges that were not disputed in good
			 faith, that were filed in a timely manner, and are due the pole
			 owner.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0310 - Rental Rates and Charges for Attachments by Licensees to Conduits Owned by Public Utilities, Telecommunications Utilities, and Consumer-Owned Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies whenever a party files a complaint with the Commission pursuant to
			 ORS 757.270 through
			 757.290 or
			 759.650 through
			 759.675.
(2) The conduit rental rate per linear foot
			 is computed by multiplying the percentage of conduit capacity occupied by the
			 net linear cost of conduit and then multiplying that product by the carrying
			 charge.
(3) A licensee occupying
			 part of a duct is deemed to occupy the entire duct.
(4) Licensees must report all attachments to
			 the conduit owner. A conduit owner may impose a penalty charge for failure to
			 report or pay for all attachments. If a conduit owner and licensee do not agree
			 on the penalty and submit the dispute to the Commission, the penalty amount
			 will be five times the normal rental rate from the date the attachment was made
			 until the penalty is paid. If the date the attachment was made cannot be
			 clearly established, the penalty rate will apply from the date the conduit
			 owner last inspected the conduit in dispute. The last inspection date is deemed
			 to be no more than five years before the unauthorized attachment is discovered.
			 The conduit owner also may charge for any expenses it incurs as a result of the
			 unauthorized attachment.
(5) The
			 conduit owner must give a licensee 18 months' notice of its need to occupy
			 licensed conduit and will propose that the licensee take the first feasible
			 action listed:
(a) Pay revised conduit rent
			 designed to recover the cost of retrofitting the conduit with multiplexing,
			 optical fibers, or other space-saving technology sufficient to meet the conduit
			 owner's space needs;
(b) Pay
			 revised conduit rent based on the cost of new conduit constructed to meet the
			 conduit owner's space needs;
(c)
			 Vacate ducts that are no longer surplus;
(d) Construct and maintain sufficient new
			 conduit to meet the conduit owner's space needs.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this Division is to implement ORS
				758.505 through
				758.555 and to implement
				regulations relating to electric utilities and qualifying cogeneration and
				small power production facilities as provided under Section 210 of the federal
				Public Utility Regulatory Policies Act of 1978 (PURPA),
				Public Law
				95-617 (16 USC
				824a-3).
Publications: Publications referenced are available from the
				  Agency.
Stat. Auth.: ORS 183, 756, 757 & 758
Stats. Implemented: ORS
				  756.040,
				  757.612 &
				  758.505 -
				  758.555
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0005 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules apply to all interconnection, purchase, and sale arrangements between a
			 public utility and facilities that are qualifying facilities as defined herein.
			 Provisions of these rules do not supersede contracts existing before the
			 effective date of this rule. At the expiration of such an existing contract
			 between a public utility and a cogenerator or small power producer, any
			 contract extension or new contract must be offered on terms and conditions that
			 comply with these rules.
(2)
			 Nothing in these rules limits the authority of a public utility or a qualifying
			 facility to agree to a rate, terms, or conditions relating to any purchase,
			 which differ from the rate or terms or conditions that would otherwise be
			 provided by these rules, provided such rate, terms, or conditions do not burden
			 the public utility's customers.
(3)
			 Upon request or its own motion, the Commission may waive any of the Division 29
			 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, ORS 756, ORS 757 &
				  ORS 758
Statutes/Other Implemented: ORS
				  756.040 & ORS
				  758.505-758.555
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0020 - Obligations of Qualifying Facilities to the Electric Utility

Current through Register Vol. 63, No. 7, July 1, 2024
The conditions listed in this rule apply to all qualifying
				facilities that sell electricity to a public utility under this
				Division:
(1) The owner or operator of
			 a qualifying facility purchasing or selling electricity pursuant to these rules
			 must execute a written agreement with the public utility.
(2) Contracts:
(a) All contracts between a qualifying
			 facility and a public utility for energy, or energy and capacity must include
			 language which substantially conforms to the following: This agreement is
			 subject to the jurisdiction of those governmental agencies and courts having
			 control over either party or this agreement. The public utility's compliance
			 with the terms of this contract is conditioned on the qualifying facility
			 submitting to the public utility and to the Public Utility Commission of
			 Oregon, before the date of initial operation, certified copies of all local,
			 state, and federal licenses, permits, and other approvals required by
			 law.
(b) Under subsection (2)(a) of
			 this rule, the public utility shall bear no obligation to identify which
			 approvals are required by law, or to verify the approvals were properly
			 obtained, or that the project is maintained pursuant to the terms of the
			 approvals.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0030 - Obligations of the Public Utility to Qualifying Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Obligations to
			 purchase from qualifying facilities: Each public utility must purchase, in
			 accordance with OAR 860-029-0040, any energy and capacity in excess of station
			 service (power necessary to produce generation) and amounts attributable to
			 conversion losses that is made available from a qualifying facility:
(a) Directly from a qualifying facility in
			 its service territory; or
(b)
			 Indirectly from a qualifying facility in accordance with section (4) of this
			 rule.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0040 - Rates for Purchases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Rates
			 for purchases by public utilities must:
(a)
			 Be just and reasonable to the public utility's customers and in the public
			 interest; and
(b) Be in accordance
			 with this rule, regardless of whether the public utility making such purchases
			 is simultaneously making sales to the qualifying facility.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0043 - Standard Rates for Purchase

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each public utility must offer standard non-renewable avoided cost rates to
			 eligible qualifying facilities.
(2)
			 Each public utility that acts to comply with Oregon's renewable portfolio
			 standard must offer standard renewable avoided cost rates to eligible
			 qualifying facilities.
(3) Unless
			 the Commission adopts a higher threshold, all qualifying facilities with a
			 nameplate capacity of 100 kW and less are eligible for standard avoided cost
			 rates.
(4) Each public utility must
			 file standard avoided cost rates that differentiate between qualifying
			 facilities of different resource types by taking into account the contributions
			 to meeting the utility's peak capacity of the different resource
			 types.
(5) Each public utility must
			 update its standard avoided costs in accordance with OAR
			 860-029-0085.
Statutory/Other Authority: ORS 183, 756, 757, 758
Statutes/Other Implemented: ORS
				  756.040,
				  758.505-758.555
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0047 - Integration Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each public
			 utility may assess Commission-approved integration charges on wind and solar
			 qualifying facilities that are located within the public utility's Balancing
			 Authority Area.
(2) The public
			 utility bears the burden to establish the proposed integration charge or
			 charges reflecting the costs of integrating the type of resource that will be
			 subject to the charges.
(3) To the
			 extent they are to be imposed by the public utility, any integration charges
			 must be included in the public utility's avoided cost schedules.
Statutory/Other Authority: ORS 183, ORS 756, ORS 757 &
				  ORS 758
Statutes/Other Implemented: ORS
				  756.040 & ORS
				  758.505-758.555
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0050 - Rates for Sales

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Rates for
			 sales by public utilities must:
(a) Be just
			 and reasonable and in the public interest; and
(b) Not discriminate against qualifying
			 facilities.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0060 - Obligation to Pay and Reimbursement of Interconnection Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interconnection
			 costs are the responsibility of the owner or operator of the qualifying
			 facility. Interconnection costs that may reasonably be incurred by the public
			 utility will be assessed against a qualifying facility on a nondiscriminatory
			 basis with respect to other customers with similar load or other cost-related
			 characteristics.
(2) The public
			 utility will be reimbursed by the qualifying facility for any reasonable
			 interconnection costs including costs of financing at an interest rate no
			 greater than the effective rate of the public utility's last senior securities
			 issuance at the time of the contract with the qualifying facility. Such
			 reimbursement may be over any agreed period not greater than one-half the
			 length of any contract between the public utility and the qualifying facility
			 when the contract is for a period greater than two years; otherwise,
			 reimbursement will be made over a one-year period. At the public utility's
			 option and with the Commission's approval, a public utility may guarantee a
			 loan to a qualifying facility for interconnection costs rather than finance
			 such costs from the public utility's own funds.
Statutory/Other Authority: ORS 183, 756, 767, 758
Statutes/Other Implemented: ORS
				  756.040,
				  758.505  - 758.555
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0070 - System Emergencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Qualifying facility's obligation to provide power during system emergencies: A
			 qualifying facility is required to provide energy and capacity to a public
			 utility during a system emergency only to the extent:
(a) Provided by agreement between such
			 qualifying facility and public utility; or
(b) Ordered under section 202(c) of the
			 Federal Power Act.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0080 - Electric Utility System Cost Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each public utility must provide
			 sufficient data concerning its avoided costs and costs of interconnection to
			 allow the owner or operator of a qualifying facility to estimate, with
			 reasonable accuracy, the payment it could receive from the utility if the
			 qualifying facility went into operation under any of the purchase agreements
			 provided for in these rules.
(2) By
			 January 1 of each odd-numbered year, each nonregulated utility must prepare and
			 file with the Commission a schedule of avoided costs equaling the nonregulated
			 utility's forecasted incremental cost of resources over at least the next 20
			 years.
(3) Each public utility must
			 file with the Commission draft avoided-cost information at the time it files
			 its integrated resource plan and file final avoided-cost information within 30
			 days of a Commission decision of acknowledgement of the integrated resource
			 plan to be effective 30 days after filing. The information submitted will be
			 maintained for public inspection and include the following data for calculating
			 avoided costs:
(a) The estimated avoided costs
			 on its system, solely with respect to the energy component, for expected levels
			 of purchases from qualifying facilities. The levels of purchases will be stated
			 in blocks of not more than 100 megawatts for systems with peak demand of 1,000
			 megawatts or more and in blocks equivalent to not more than 10 percent of the
			 system peak demand for systems of less than 1,000 megawatts. The avoided costs
			 will be stated on a cents-per-kWh basis, during peak and off-peak periods, by
			 year, for the current calendar year and each of the next five years;
			 and
(b) The public utility's
			 estimated capacity costs at completion of the planned capacity additions and
			 planned capacity firm purchases, on the basis of dollars per kW, and the
			 associated energy costs of each addition or purchase, expressed in cents per
			 kWh. These costs will be expressed in terms of individual generating resources
			 and of individual, planned firm purchases.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0085 - Requirements for Standard Avoided Cost Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each public utility must file with the
			 Commission standard avoided cost rates within 30 days of a Commission decision
			 regarding acknowledgement of the public utility's integrated resource
			 plan.
(2) Each public utility
			 currently complying with Oregon's renewable portfolio standard must file both
			 "renewable" and "non-renewable" standard avoided cost rates.
(3) The standard avoided cost rates filed by
			 a public utility under sections (1) and (2) of this rule are subject to review
			 and approval as well as modification by the Commission. The Commission may
			 suspend the standard avoided cost rates during review. In any such review, the
			 public utility has the burden of supporting and justifying its standard avoided
			 cost rates. The standard avoided cost rates will be effective 30 days after
			 filing unless otherwise determined by the Commission.
(4)
(a) On
			 May 1 of each year, a public utility must file with the Commission updates to
			 its standard avoided cost rates under sections (1) and (2) of this rule to
			 reflect:
(A) Updated natural gas
			 prices;
(B) On- and off-peak
			 forward-looking electricity market prices;
(C) Changes to the status of Production Tax
			 Credit; and
(D) Any other actions
			 or changes that are acknowledged by the Commission upon review of an IRP Update
			 and that are relevant to the calculation of avoided costs.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 183, ORS 756, ORS 757 & ORS 758
Stats. Implemented: ORS
				  756.040 & ORS
				  758.505 - ORS
				  758.555
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0100 - Resolution of Disputes for Proposed Negotiated Power Purchase Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to a complaint, filed pursuant to ORS
			 756.500,
			 regarding the negotiation of a Qualifying Facility power purchase agreement for
			 facilities with a capacity greater than the eligibility threshold for a
			 standard contract for the Qualifying Facility's resource group. These
			 provisions supplement the generally applicable filing and contested case
			 procedures contained in OAR chapter 860, division 001.
(2) Before a complaint is filed with the
			 Commission, the Qualifying Facility must have followed the procedures set forth
			 in the applicable public utility's tariff regarding negotiated power purchase
			 agreements.
(3) At any time after
			 60 calendar days from the date a Qualifying Facility has provided written
			 comments to the public utility regarding the public utility's draft power
			 purchase agreement, the Qualifying Facility may file a complaint with the
			 Commission asking for adjudication of any unresolved terms and conditions of
			 its proposed agreement with the public utility.
(4) A Qualifying Facility filing a complaint
			 under this rule is the "complainant." The public utility against whom the
			 complaint is filed is the "respondent."
(5) The complaint must contain each of the
			 following, as described by the complainant:
(a) A statement that the Qualifying Facility
			 provided written comments to the utility on the draft power purchase agreement
			 at least 60 calendar days before the filing of the complaint.
(b) A statement of the attempts at
			 negotiation or other methods of informal dispute resolution undertaken by the
			 negotiating parties.
(c) A
			 statement of the specific unresolved terms and conditions.
(d) A description of each party's position on
			 the unresolved provisions.
(e) A
			 proposed agreement encompassing all matters, including those on which the
			 parties have reached agreement and those that are in dispute.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0121 - Delivery and Purchase under Standard Power Purchase Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Commencing on
			 the earlier of the commercial operation date or the scheduled commercial
			 operation date of the standard power purchase agreement and continuing until
			 the end of the purchase period, the qualifying facility will be obligated to
			 deliver and sell, and the purchasing public utility will be obligated to
			 receive and purchase, the Net Output delivered to the Point of Delivery or
			 Point of Interconnection, subject to other relevant requirements in this
			 division.
(2) An off-system
			 qualifying facility may deliver and the purchasing public utility must accept
			 energy imbalance ancillary services if:
(a)
			 The transmitting entity or entities require the qualifying facility to procure
			 the services;
(b) The transmitting
			 entity or entities require the qualifying facility to schedule deliveries in
			 increments of no less than one megawatt;
(c) The qualifying facility is not attempting
			 to sell the purchasing public utility energy or capacity in excess of its
			 expected hourly Net Output; and
(d)
			 The energy imbalance service is designed to correct a mismatch between energy
			 scheduled by the qualifying facility and the actual real time production by the
			 qualifying facility.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0123 - Default, Damages, and Termination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following events, if uncured within
			 the applicable cure period, may constitute a default by the qualifying facility
			 under a standard power purchase agreement for which the purchasing utility may
			 terminate the power purchase agreement subject to the provisions of this rule:
(a) Failure to begin power deliveries by
			 scheduled commercial operation date;
(b) Failure to provide Project Development or
			 Default Security in the applicable time frame;
(c) Failure to maintain qualifying facility
			 status;
(d) Failure to meet the PPA
			 obligation to sell entire Net Output to the purchasing public
			 utility;
(e) Failure to make a
			 payment when due under the power purchase agreement, if amount of payment is
			 not the subject of good faith dispute;
(f) Abandonment of the Facility;
(g) Failure to satisfy applicable MAG for two
			 (2) consecutive years;
(h) Failure
			 to satisfy applicable MDG for three (3) consecutive years;
(i) Breach of any warranty or representation
			 in the power purchase agreement; and
(j) Failure to comply with any other material
			 obligation under the power purchase agreement.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 29 - REGULATIONS RELATED TO AGREEMENTS BETWEEN ELECTRIC UTILITIES AND ELECTRIC COGENERATION AND SMALL POWER PRODUCTION FACILITIES › Section 860-029-0130 - Nonstandard Power Purchase Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each public utility must offer
			 nonstandard avoided cost rates and nonstandard power purchase agreements to all
			 qualifying facilities directly or indirectly interconnected with the public
			 utility.
(2) Qualifying facilities
			 have the unilateral right to select a purchase term of up to 20 years for a
			 power purchase agreement. Qualifying facilities electing to sell firm output at
			 fixed prices have the unilateral right to a fixed-price term of up to 15
			 years.
(3) A qualifying facility
			 may specify a scheduled commercial on-line date consistent with the following:
(a) Anytime within three years from the date
			 of agreement execution;
(b) Anytime
			 later than three years after the date of agreement execution if the qualifying
			 facility establishes to the utility that a later scheduled commercial on-line
			 date is reasonable and necessary and the utility agrees.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0000 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) of this rule, the rules contained in this Division do
			 not apply to unincorporated associations and cooperative corporations or to
			 investor-owned electric utilities that satisfy their public purpose obligations
			 under ORS 757.612.
(2) These rules apply to investor-owned
			 electric utilities to the extent required by ORS
			 469.860 through
			 469.900.
(3) Upon request or its own motion, the
			 Commission may waive any of the Division 030 rules for good cause shown. A
			 request for waiver must be made in writing, unless otherwise allowed by the
			 Commission.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS
				  756.040 &
				  757.612