reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 150 - Renewable Natural Gas › Section 860-150-0050 - Environmental Attributes and Renewable Thermal Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The environmental attributes of RNG
			 produced or purchased pursuant to these rules must include, but is not limited
			 to, an estimated carbon intensity for the pathway utilized to produce,
			 transport, and deliver RNG to a retail natural gascustomer.
(2) Each large natural gas utility and each
			 small natural gas utility that is authorized by the Commission to participate
			 in the RNG program under these rules must use RTCs to track the chain of
			 custody of the environmental attributes of RNG that is produced or purchased
			 for the utility's retail natural gas customers in Oregon. RTCs used for
			 compliance with these rules must be issued, monitored, accounted for, and
			 transferred by or through M-RETS.
(3) All entities that generate, acquire,
			 purchase, sell, transfer, or broker the trade of RTCs for eventual use by a
			 natural gas utility under these rules must register and maintain accounts in
			 good standing with the M-RETS renewable energy certificate system. A natural
			 gas utility may not use RTCs under these rules that are issued by, acquired
			 from, or transferred by an entity that has not complied with all information,
			 data reporting and verification requirements of the M-RETS system, including
			 payment of registration and transaction costs.
(4) Each entity that generates RTCs pursuant
			 to these rules must estimate the carbon intensity of the pathway for the RNG.
			 To estimate the carbon intensity of the RNG, the entity generating RTCs must
			 use one of the following, as appropriate to the pathway in question:
(a) A Tier 1 OR-GREET calculator or
			 simplified calculator published by DEQ for the Clean Fuels Program;
(b) A Tier 2 OR-GREET calculator published by
			 DEQ for the Clean Fuels Program;
(c) A Tier 1 CA-GREET calculator published by
			 the California Air Resources Board (CARB) for use in the California Low Carbon
			 Fuel Standards (LCFS) program, with the transportation and distribution cells
			 modified for that RNG's pathway to Oregon;
(d) A Tier 2 CA-GREET calculator published by
			 CARB for use in the LCFS program, with the transportation and distribution
			 cells modified for that RNG's pathway to Oregon; or
(e) A methodology that a natural gas utility
			 may otherwise be directed to use by Commission order.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 150 - Renewable Natural Gas › Section 860-150-0100 - Renewable Natural Gas Resource Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each large natural gas utility and small
			 natural gas utility must, as part of an integrated resource plan filed after
			 August 1, 2020, include information relevant to the RNG market, prices,
			 technology, and availability that would otherwise be required under the
			 Commission's Integrated Resource Plan Guidelines, by order of the Commission,
			 or by administrative rules.
(2) In
			 addition to the information required under section (1), a large natural gas
			 utility must also include in each integrated resource plan:
(a) Information about opportunities,
			 challenges, and the natural gas utility's strategy for meeting annual RNG
			 targets in ORS
			 757.396 during the period of the integrated resource plan's action plan; and
(b) The cost effectiveness calculation that
			 the utility will use to evaluate RNG resources, pursuant to OAR
			 860-150-0200.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 150 - Renewable Natural Gas › Section 860-150-0300 - Mechanisms for Recovery of Prudently Incurred Costs by Large Natural Gas Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 large natural gas utility may make a filing, consistent with the requirements
			 of OAR 860-022-0070  and other applicable rules of the Commission, seeking to
			 pass through prudently incurred costs associated with the purchase of RNG to
			 meet the annual targets for a large natural gas utility established in ORS
			 757.396,
			 excluding qualified investments, by means of its purchased gas adjustment
			 mechanism. Such costs may also include the utility's cost of registration for
			 the RTC tracking system described in OAR 860-150-0050, transaction costs for
			 any RTCs acquired in association with the purchase of RNG from another entity,
			 and transaction costs incurred to retire the RTCs associated with gas delivered
			 to retail utility customers.
(2) In
			 filings, annual earnings reviews, and quarterly updates associated with the
			 purchased gas adjustment mechanism, a large natural gas utility must clearly
			 identify costs of purchased RNG and the costs associated with RTCs described in
			 section (1) of this rule.
(3) A
			 large natural gas utility filing new or revised tariff schedules that
			 constitute a general rate revision may seek to recover prudently incurred costs
			 associated with qualified investments in its filing.
(4) A large natural gas utility may file a
			 request that the Commission establish an automatic adjustment clause for
			 recovery of prudent costs associated with qualified investments that meet
			 criteria to be established by the Commission.
(5) If the Commission establishes an
			 automatic adjustment clause pursuant to section (4), any rate adjustments made
			 through this clause since the natural gas utility's most recent general rate
			 revision may be incorporated in the natural gas utility's next general rate
			 revision, as appropriate.
Statutory/Other Authority:
ORS 756, 757
Statutes/Other Implemented:
ORS
				  757.394,
				  757.396
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 150 - Renewable Natural Gas › Section 860-150-0400 - Mechanisms for Recovery of Prudently Incurred Costs by Small Natural Gas Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 a small natural gas utility makes a qualified investment for the first time, or
			 purchases RNG from a third-party producer with the intent to seek cost recovery
			 in a new or revised tariff schedule, the utility must file a petition to
			 participate in the RNG program with the Commission. In addition to the
			 information required under ORS
			 757.398,
			 the small natural gas utility's petition must include:
(a) The total volume of RNG to be procured
			 per year over a period concluding at the end of the last month of the test year
			 used in the general rate revision filing, expressed as a percentage of all
			 natural gas expected to be delivered to the utility's retail customers in
			 Oregon;
(b) Identification of
			 qualified investments the small natural gas utility may make during the period
			 specified in the filing, including the expected average cost and timing of
			 those investments, and the average annual quantity of RNG those investments
			 will produce;
(c) The expected
			 value of any RTCs to be acquired by the utility during the period specified in
			 the filing;
(d) The expected value
			 of any RNG that the small natural gas utility intends to sell to a party who is
			 not a retail utility customer, including the value of any environmental credits
			 that the utility may acquire from the RNG producer and resell;
(e) Any expected savings to be achieved
			 through the avoidance of geologic natural gas costs, to be calculated in the
			 manner described in OAR 860-150-0200(3);
(f) The costs of the identified annual RNG
			 procurements and the levelized costs of all qualified investments expressed as
			 a percentage of the utility's total revenue requirement, where this requirement
			 is that approved by the Commission in the utility's most recently completed
			 general rate revision;
(g) An
			 assessment by the small natural gas utility of the relative cost effectiveness
			 of the all qualified investments it intends to make during the period
			 concluding at the end of the last month of the test year used in the general
			 rate revision filing. This assessment must utilize the same formula utilized by
			 a large natural gas utility pursuant to OAR 860-150-0200  or another formula
			 specified by the Commission;
(h)
			 The utility's proposed annual rate cap limiting the cost of RNG purchases and
			 qualified investments.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 150 - Renewable Natural Gas › Section 860-150-0500 - Large Natural Gas Utility Investments in Biogas Production

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 757.396,
			 before making a qualified investment in biogas production that is upstream of
			 conditioning equipment, pipeline interconnection or gas cleaning, a large
			 natural gas utility must engage in a competitive bidding process as provided in
			 this rule.
(2) A large natural gas
			 utility must issue a request for proposals to initiate a competitive bidding
			 process that contains the information required by section (3) of this
			 rule.
(3) At a minimum, the
			 utility's request for proposals must include:
(a) A description of the project,
			 specifications, delivery or performance schedule, inspection and acceptance
			 requirements. This description must:
(A)
			 Identify the scope of the work to be performed under the resulting contract, if
			 the large natural gas utility awards one. The scope of work must require the
			 contractor to comply with all applicable federal, state, and local laws,
			 standards, and permit or inspection requirements;
(B) Outline the anticipated duties of the
			 contractor under any resulting contract; and
(C) Establish the expectations for the
			 contractor's performance of any resulting contract.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 200 - QUALIFIED PROJECT DETERMINATION › Section 860-200-0005 - Applicability and Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules apply to a company that is seeking a qualified project determination as
			 set forth in ORS 308.677.
(2) Upon
			 request or its own motion, the Commission may waive any Division 200 rule for
			 good cause shown. A request for waiver must be made in writing, unless
			 otherwise allowed by the Commission.
Stat. Auth.: ORS
				  756.040, ORS 308.677
Stats. Implemented: ORS
				  308.677
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 200 - QUALIFIED PROJECT DETERMINATION › Section 860-200-0050 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of Division 200:
(1) "Broadband services" means the provision
			 of data transmission technology that provides two-way data transmission to and
			 from the Internet through other than a dial-up connection.
(2) "City" has the same meaning as that term
			 is defined in ORS 174.100.
(3) "Company" has the same meaning as that
			 term is defined in ORS
			 308.505.
(4) "Communication" has the same meaning as
			 that term is defined in ORS
			 308.505.
(5) "Communication services" is the offering
			 of communication to the public, including the provisioning of voice, video,
			 text or other electronic form of information using any means of transmission.
(6) "Qualified service" is the
			 offering of communication services, including a capacity to provide, at least,
			 approximately one gigabit per second symmetrical service, to a majority of the
			 residential customers of a company's broadband services.
Stat. Auth.: ORS
				  756.040, ORS 308.677
Stats. Implemented: ORS
				  308.677
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 200 - QUALIFIED PROJECT DETERMINATION › Section 860-200-0100 - Application for Qualified Project Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A company seeking a qualified project
			 determination under ORS 308.677 must submit an application to the Commission.
(2) Each applicant must:
(a) Complete and file an application. As part
			 of the application, the applicant must file an Application Cover Sheet on a
			 form approved by the Commission.
(b) Submit the $50,000 application fee made
			 payable to the Public Utility Commission of Oregon.
(c) Confirm a copy of the application was
			 sent to the Oregon Department of Revenue at: Valuation Section, Property Tax
			 Division, Oregon Department of Revenue, PO Box 14600, Salem, OR 97309-5075.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 200 - QUALIFIED PROJECT DETERMINATION › Section 860-200-0150 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The application must contain all of the following:
(1) The name and mailing address of the
			 applicant and the name, mailing address, telephone number, and electronic mail
			 address of the following: the applicant's representative; an individual
			 authorized to answer technical questions regarding the application, if
			 different from the applicant's representative; and, if applicable, the
			 applicant's legal counsel.
(2) A
			 certification executed by an authorized representative of the company that the
			 applicant's project meets the requirements for a qualified project set forth in
			 ORS 308.677(2). The representative's certification must be a sworn statement
			 under ORS 162.055 attesting to the truth
			 of the certification.
(3) A
			 written commitment by the applicant that when its network depends in part on a
			 third party to provide the qualified service, the applicant will use
			 commercially reasonable practices to ensure that the use of any third party
			 will not impede the performance of the project's infrastructure in providing
			 the applicant's qualified service.
(4) A paper map and an electronic version
			 with GIS-compatible map layers of the area served or to be served by the
			 project's infrastructure depicting:
(a)
			 County labels and boundaries; and
(b) City labels and boundaries.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 200 - QUALIFIED PROJECT DETERMINATION › Section 860-200-0200 - Report to Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 company that has received a determination under ORS 308.677(4) that its project
			 is a qualified project must submit a report to the Commission on or before
			 November 1 each year. The information reported may be included in a report
			 prepared by the Commission for the Legislative Assembly.
(2) A company submitting a report per section
			 (1) must include a completed efiling Report Cover Sheet form found on the
			 Commission website at
www.puc.state.or.us/Pages/efiling/Reports.aspx
.
(3) A company submitting a report
			 per section (1) that offered the qualified service in Oregon during the
			 preceding calendar year must report the information required to be reported in
			 OAR 860-200-0250.
(4) A company
			 submitting a report per section (1) that did not offer the qualified service in
			 Oregon during the preceding calendar year shall submit a declaration of a
			 company representative that the company did not offer the qualified service
			 during the preceding calendar year.
(5) Each company submitting a report under
			 section (3) will arrange for an on-site review by Staff prior to December 31 of
			 the current reporting year of the company's most recent Form 477
			 Oregon-specific broadband subscription data submitted to the Federal
			 Communications Commission, in an electronic format acceptable to Staff, at a
			 location convenient to Staff. Form 477 subscription data reviewed by Staff will
			 not be included in the Commission's report to the Legislative Assembly. The
			 company and Staff will coordinate on measures to protect Form 477 subscription
			 data from disclosure as a result of Staff's review.
Stat. Auth.: ORS 308.681,
				  756.040,
				  756.060
Stats. Implemented: ORS
				  308.681
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 200 - QUALIFIED PROJECT DETERMINATION › Section 860-200-0250 - Report Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A company submitting a report required under OAR
				860-200-0200(3)  must include all of the following in the report. A company must
				report information that is accurate and complete as of June 30 of the year of
				submission unless otherwise stated in these rules.
(1) A certification executed by an authorized
			 representative of the company in which the representative affirms that the
			 company has met the requirements for service capacity and offering service to
			 residential customers specified in ORS 308.677(2). The representative must
			 further affirm that all of the information in the company's report is accurate
			 and complete. The representative's certification must be a sworn statement
			 under ORS 162.055 attesting to the truth
			 of the certification.
(2) The
			 amount of capital investment made in the previous calendar year by the company
			 in Oregon in newly constructed or installed real or tangible personal property
			 constituting communication infrastructure that enables the company to offer the
			 qualified service.
(3) A general
			 description of how the company is providing the qualified service.
(4) A map, including county and city
			 designations, depicting the area where the company offers qualified service and
			 identifying, using census blocks, where residential customers of the company
			 subscribe to broadband services indicating the highest of the following
			 download speed tiers for each census block in which it has customers:
(a) Up to and including 100 Megabits per
			 second (Mbps);
(b) Greater than
			 100 Mbps up to and including 500 Mbps; and
(c) Greater than 500 Mbps.
(d) The company may submit information
			 regarding speed tiers in addition to those shown above. As an example, a
			 company may choose to also submit information regarding download speed of 1
			 gigabit per second (Gbps) or greater.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 250 - BIAS PROVIDERS CONTRACTING WITH PUBLIC BODIES - DISCLOSURES AND DETERMINATIONS › Section 860-250-0005 - Applicability and Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules apply to broadband Internet access service providers engaged in the
			 provision of broadband Internet access service to a public body, as set forth
			 in Oregon Laws 2018, Chapter 88, Section 1(5), and any participant in a
			 proceeding involving a determination made by the Commission under Oregon Laws
			 2018, Chapter 88, Section 1. These rules become effective on January 1,
			 2019.
(2) Upon request or its own
			 motion, the Commission may waive any Division 250 rule for good cause shown. A
			 request for waiver must be made in writing, unless otherwise allowed by the
			 Commission.
Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch.
				  88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect.
				  1
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 250 - BIAS PROVIDERS CONTRACTING WITH PUBLIC BODIES - DISCLOSURES AND DETERMINATIONS › Section 860-250-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of Division 250:
(1) "Broadband Internet access service" or
			 "BIAS" has the same meaning as defined in Oregon Laws 2018, Chapter 88, Section
			 1(1)(a).
(2) "Broadband Internet
			 access service provider" or "BIAS provider" has the same meaning as defined in
			 Oregon Laws 2018, Chapter 88, Section 1(1)(b).
(3) "Covered broadband Internet access
			 service provider" or "covered BIAS provider" means a broadband Internet access
			 service provider engaged in the provision of broadband Internet access service
			 to a public body under Oregon Laws 2018, Chapter 88, Section 1(5)(a).
(4) "End user" has the same meaning as
			 defined in Oregon Laws 2018, Chapter 88, Section 1(1)(e).
(5) "Functionally equivalent service" or
			 "functional equivalent" means a service that the Commission finds is providing
			 a service that is the functional equivalent of the service described in Oregon
			 Laws 2018, Chapter 88, Section 1(1)(a)(A)(i).
(6) "Paid prioritization" has the same
			 meaning as defined in Oregon Laws 2018, Chapter 88, Section 1(1)(i).
(7) "Public body" means a public body, as
			 defined in ORS
			 174.109,
			 in the State of Oregon.
Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch.
				  88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect.
				  1
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 250 - BIAS PROVIDERS CONTRACTING WITH PUBLIC BODIES - DISCLOSURES AND DETERMINATIONS › Section 860-250-0020 - Required Public Disclosures by Covered BIAS Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disclosures Consistent with Federal Law.
			 Covered broadband Internet access service providers' disclosures made in a form
			 and manner that complies with
			 47
			 C.F.R. §
									8.1(a);
Restoring Internet Freedom
, WC Docket No. 17-108, Declaratory
			 Ruling, Report and Order, and Order, 33 FCC Rcd 311 (2018); and the FCC's
Instructions for Internet Service Providers
, located at
https://www.fcc.gov/disclosure-instructions-isps
,
			 presumptively satisfy the requirement that such providers publicly disclose
			 information regarding their network management practices, performance
			 characteristics, and commercial terms of their broadband Internet access
			 service sufficient for end users to verify that the service is provided in
			 compliance with Oregon Laws 2018, Chapter 88, Sections 1(3) and 1(4).
(2) Changes to Applicable Federal Law. If the
			 requirements for broadband Internet access service providers' disclosures
			 change under any federal law, rule, or guidance cited in section (1) of this
			 rule, the Commission will determine within 180 days of that change whether it
			 is necessary or appropriate to modify the Commission's rules as a result of
			 that change.
Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch.
				  88
Statutes/Other Implemented: 2018 OL Ch. 88, Sect.
				  1(5)(b)
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 250 - BIAS PROVIDERS CONTRACTING WITH PUBLIC BODIES - DISCLOSURES AND DETERMINATIONS › Section 860-250-0030 - Functionally Equivalent Service Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition requesting that the Commission
			 make a determination regarding whether a service is a functional equivalent as
			 provided for in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(ii) will be
			 governed by ORS
			 756.500 to
			 756.610 and the
			 generally applicable filing, contested case, discovery, and protective order
			 procedures contained in OAR chapter 860, division 001, and the requirements set
			 forth in this rule.
(2) A petition
			 under section (1) of this rule must conform with the requirements of OAR
			 860-001-0400(1) and
			 (2)  and must include the following additional
			 information to the extent relevant information is available to the petitioning
			 party:
(a) A detailed description of the
			 service at issue.
(b) A detailed
			 explanation of why the service at issue is or is not a functional equivalent of
			 the service described in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(i).
			 To the extent possible, this explanation should include the following:
(A) a description of the technical
			 differences between the service at issue and the service described in Oregon
			 Laws 2018, Chapter 88, Section 1(1)(a)(A)(i);
(B) a description of or examples of how the
			 service at issue is marketed to customers, including available marketing
			 materials;
(C) a description of or
			 examples of how the service at issue is described to or by other third parties,
			 such as standards bodies; and
(D) a
			 description or copy of an example customer service agreement for the service at
			 issue.
(c) Any public
			 body, contract, or request for proposal (RFP) to which the petition relates. If
			 applicable, the petition should include contact information for any public body
			 identified and a description of the current status of and timeline for the
			 affected contract or RFP. If the pleading relates to a procurement or
			 contracting dispute, the petition should also identify any negative
			 determination made by the relevant public body and indicate whether any
			 applicable procurement appeal process was utilized.
(d) Any parallel or related proceedings
			 pending in any forum, if known.
(e)
			 A request for an appropriate protective order, as needed.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 250 - BIAS PROVIDERS CONTRACTING WITH PUBLIC BODIES - DISCLOSURES AND DETERMINATIONS › Section 860-250-0035 - Nonharmful Device Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition requesting that the Commission
			 determine by rule whether a device is nonharmful under Oregon Laws 2018,
			 Chapter 88, Section 1(1)(h) will be governed by the requirements set forth in
			 this rule and either of the following:
(a)
			 ORS
			 756.500 to
			 756.610 and the
			 generally applicable filing, contested case, discovery, and protective order
			 procedures contained in OAR chapter 860, division 001; or
(b) the Oregon Administrative Procedures Act
			 and the generally applicable filing, rulemaking, and confidentiality procedures
			 contained in OAR chapter 860, division 001.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 250 - BIAS PROVIDERS CONTRACTING WITH PUBLIC BODIES - DISCLOSURES AND DETERMINATIONS › Section 860-250-0040 - Excepted Paid Prioritization Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition requesting that the Commission
			 make a determination regarding whether certain paid prioritization meets the
			 standard set forth in Oregon Laws 2018, Chapter 88, Section 1(4)(c) will be
			 governed by ORS
			 756.500 to
			 756.610 and the
			 generally applicable filing, contested case, discovery, and protective order
			 procedures contained in OAR chapter 860, division 001, and the requirements set
			 forth in this rule.
(2) A petition
			 under section (1) of this rule must conform with the requirements of OAR
			 860-001-0400(1) and
			 (2)  and must include the following additional
			 information to the extent relevant information is available to the petitioning
			 party:
(a) A detailed description of the paid
			 prioritization at issue.
(b) A
			 detailed explanation of why the paid prioritization at issue does or does not
			 provide significant public interest benefits and does or does not harm the open
			 nature of the provided broadband Internet access service under Oregon Laws
			 2018, Chapter 88, Section 1(4)(c).
(c) Any public body, contract, or request for
			 proposal (RFP) to which the petition relates. If applicable, the petition
			 should include contact information for any public body identified and a
			 description of the current status of and timeline for the affected contract or
			 RFP. If the pleading relates to a procurement or contracting dispute, the
			 petition should also identify any negative determination made by the relevant
			 public body and indicate whether any applicable procurement appeal process was
			 utilized.
(d) Whether Oregon Laws
			 2018, Chapter 88, Section 1(4)(a) applies to the contract(s) or RFP(s)
			 identified under subsection (2)(c) of this rule. If it applies, the petition
			 should also explain why a determination under Oregon Laws 2018, Chapter 88,
			 Section 1(4)(c) is sought.
(e)
			 Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the paid
			 prioritization at issue in the initiating pleading. If it applies, the petition
			 should also explain why a determination under Oregon Laws 2018, Chapter 88,
			 Section 1(4)(c) is sought.
(f) Any
			 parallel or related proceedings pending in any forum, if known.
(g) A request for an appropriate protective
			 order, as needed.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 250 - BIAS PROVIDERS CONTRACTING WITH PUBLIC BODIES - DISCLOSURES AND DETERMINATIONS › Section 860-250-0045 - Reasonable Network Management Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition requesting that the Commission
			 make a determination regarding whether certain activity constitutes reasonable
			 network management under Oregon Laws 2018, Chapter 88, Section 1(4)(d) will be
			 governed by ORS
			 756.500 to
			 756.610 and the
			 generally applicable filing, contested case, discovery, and protective order
			 procedures contained in OAR chapter 860, division 001,and the requirements set
			 forth in this rule.
(2) A petition
			 under section (1) of this rule must conform with the requirements of OAR
			 860-001-0400(1) and
			 (2)  and must include the following additional
			 information to the extent relevant information is available to the petitioning
			 party:
(a) A detailed description of the
			 activity at issue.
(b) A detailed
			 explanation of why the activity at issue is or is not reasonable network
			 management under Oregon Laws 2018, Chapter 88, Section 1(4)(d). At a minimum,
			 the explanation must address:
(A) the
			 technical network management justification for the activity, if any;
(B) the other business practices included in
			 the activity, if any; and
(C)
			 whether and how the activity is narrowly tailored to achieve a legitimate
			 network management purpose, taking into account the particular network
			 architecture and technology of the broadband Internet access service.
(c) Any public body, contract, or
			 request for proposal (RFP) to which the petition relates. If applicable, the
			 petition should include contact information for any public body identified and
			 a description of the current status of and timeline for the affected contract
			 or RFP. If the pleading relates to a procurement or contracting dispute, the
			 petition should also identify any negative determination made by the relevant
			 public body and indicate whether any applicable procurement appeal process was
			 utilized.
(d) Whether Oregon Laws
			 2018, Chapter 88, Section 1(4)(a) applies to the contract(s) or RFP(s)
			 identified under subsection (2)(c) of this rule. If it applies, the petition
			 should also explain why a determination under Oregon Laws 2018, Chapter 88,
			 Section 1(4)(d) is sought.
(e)
			 Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the activity
			 at issue in the initiating pleading. If it applies, the petition should also
			 explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(d)
			 is sought.
(f) Any parallel or
			 related proceedings pending in any forum, if known.
(g) A request for an appropriate protective
			 order, as needed.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 250 - BIAS PROVIDERS CONTRACTING WITH PUBLIC BODIES - DISCLOSURES AND DETERMINATIONS › Section 860-250-0050 - Determinations Regarding Newly Compliant BIAS Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition requesting that the Commission
			 make a determination regarding whether a particular provider meets the standard
			 set forth in Oregon Laws 2018, Chapter 88, Section 1(4)(e) will be governed by
			 ORS
			 756.500 to
			 756.610 and the
			 generally applicable filing, contested case, discovery, and protective order
			 procedures contained in OAR chapter 860, division 001, and the requirements set
			 forth in this rule.
(2) A petition
			 under section (1) of this rule must conform with the requirements of OAR
			 860-001-0400(1) and
			 (2)  and must include the following additional
			 information to the extent relevant information is available to the petitioning
			 party:
(a) The provider at issue and that
			 provider's certification under Oregon Laws 2018, Chapter 88, Section
			 1(4)(e)(A).
(b) A detailed
			 explanation of why Oregon Laws 2018, Chapter 88, Section 1(4)(e) applies to the
			 provider at issue. At a minimum, the explanation must address:
(A) which of the activities described in
			 Oregon Laws 2018, Chapter 88, Section 1(3) that the provider engaged in after
			 January 1, 2019, and the basis for this assertion;
(B) the date or dates on which the provider
			 ceased engaging in the activities identified in section (2)(b)(i) of this rule;
			 and
(C) the reason or reasons that
			 allowing a public body to contract with the broadband Internet access service
			 provider provides significant public interest benefits.
(c) Any public body, contract, or request for
			 proposal (RFP) to which the petition relates. If applicable, the petition
			 should include contact information for any public body identified and a
			 description of the current status of and timeline for the affected contract or
			 RFP. If the pleading relates to a procurement or contracting dispute, the
			 petition should also identify any negative determination made by the relevant
			 public body and indicate whether any applicable procurement appeal process was
			 utilized.
(d) Whether Oregon Laws
			 2018, Chapter 88, Section 1(4)(a) applies to the contract(s) or RFP(s)
			 identified under subsection (2)(c) of this rule. If it applies, the petition
			 should also explain why a determination under Oregon Laws 2018, Chapter 88,
			 Section 1(4)(e) is sought.
(e)
			 Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the activity
			 described in section (2)(b)(a) of this rule. If it applies, the petition should
			 also explain why a determination under Oregon Laws 2018, Chapter 88, Section
			 1(4)(e) is sought.
(f) Any parallel
			 or related proceedings pending in any forum, if known.
(g) A request for an appropriate protective
			 order, as needed.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0001 - Scope and Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in this division prescribe the
			 filing requirements for risk-based Wildfire Mitigation Plans filed by a Public
			 Utility that provides electric service in Oregon pursuant to ORS
			 757.005.
(2) Upon request or its own motion, the
			 Commission may waive any of the rules in this division for good cause shown. A
			 request for waiver must be made in writing, unless otherwise allowed by the
			 Commission.
Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 757
				  & ORS 759
Statutes/Other Implemented: ORS
				  756.040, ORS
				  757.035,
				  ORS
				  757.039,
				  ORS
				  757.649,
				  ORS
				  759.030, ORS
				  759.040  & ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0002 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 757
				  & ORS 759
Statutes/Other Implemented: 2021 Senate Bill 762, ORS
				  756.040, ORS
				  756.105,
				  ORS
				  757.035  & ORS
				  757.649
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0003 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 757
				  & ORS 759
Statutes/Other Implemented: 2021 Senate Bill 762 & ORS
				  757.020
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0004 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 757
				  & ORS 759
Statutes/Other Implemented: 2021 Senate Bill 762 & ORS
				  757.035
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0010 - Definitions for this Division

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Communications" means media that communicate voice, data, text, or video over
			 a distance using electrical, electronic, radio, microwave, or light wave
			 transmissions.
(2) "ESF-12" refers
			 to Emergency Support Function-12 and indicates the Commission's role in
			 supporting the State Office of Emergency Management for energy utilities issues
			 during an emergency.
(3) "Local
			 Community" means any community of people living, or having rights or interests,
			 in a distinct geographical area.
(4) "Local Emergency Management" means city,
			 county, and tribal emergency management entities.
(5) "Near-term Wildfire Risk" means elements
			 of wildfire risk that are expected to fluctuate on a daily or weekly basis.
			 Examples include temperature, humidity, and wind.
(6) "Public Utility" has the meaning given to
			 an "electric company" in ORS
			 757.600.
(7) "Public Safety Partners" means ESF-12,
			 Local Emergency Management, and Oregon Department of Human Services (ODHS).
(8) "Public Safety Power Shutoff"
			 or "PSPS" means a proactive de-energization of a portion of a Public Utility's
			 electrical network, based on the forecasting of and measurement of extreme
			 wildfire weather conditions.
(9)
			 "Tabletop Exercise" means an activity in which key personnel, assigned
			 emergency management roles and responsibilities, are gathered to discuss, in a
			 non-threatening environment, various simulated emergency situations.
(10) "Utility-identified Critical Facilities"
			 refers to the facilities the Public Utility identifies that, because of their
			 function or importance, have the potential to threaten life safety or disrupt
			 essential socioeconomic activities if their services are interrupted.
			 Communications facilities and infrastructure are to be considered Critical
			 Facilities.
(11) "Wildfire
			 Mitigation Plan" is the same as a "wildfire protection plan" and refers to the
			 document filed with the Commission relating to an electric utility's risk-based
			 plan designed to protect public safety, reduce the risk of utility facilities
			 causing wildfires, reduce risk to utility customers, and promote electric
			 system resilience to wildfire damage.
Statutory/Other Authority: ORS 183, ORS 756, ORS 757 &
				  ORS 759
Statutes/Other Implemented: ORS
				  756.040, ORS
				  757.035,
				  ORS
				  757.039,
				  ORS
				  757.649,
				  ORS
				  758.215,
				  ORS
				  759.005 & ORS
				  759.045
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0020 - Wildfire Protection Plan Filing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Wildfire Mitigation Plans and Updates
			 must, at a minimum, contain the following requirements as set forth in Section
			 3(2)(a)-(h), chapter 592, Oregon Laws 2021 and as supplemented below:
(a) Identified areas that are subject to a
			 heightened risk of wildfire, including determinations for such conclusions, and
			 are:
(A) Within the service territory of the
			 Public Utility, and
(B) Outside the
			 service territory of the Public Utility but within the Public Utility's
			 right-of-way for generation and transmission assets.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0030 - Risk Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Public Utility must include in its Wildfire Mitigation Plan risk analysis that
			 describes wildfire risk within the Public Utility's service territory and
			 outside the service territory of the Public Utility but within the Public
			 Utility's right of way for generation and transmission assets. The risk
			 analysis must include, at a minimum:
(a)
			 Defined categories of overall wildfire risk and an adequate discussion of how
			 the Public Utility categorizes wildfire risk. Categories of risk must include,
			 at a minimum:
(A) Baseline wildfire risk,
			 which include elements of wildfire risk that are expected to remain fixed for
			 multiple years. Examples include topography, vegetation, utility equipment in
			 place, and climate;
(B) Seasonal
			 wildfire risk, which include elements of wildfire risk that are expected to
			 remain fixed for multiple months but may be dynamic throughout the year or from
			 year to year; Examples include cumulative precipitation, seasonal weather
			 conditions, current drought status, and fuel moisture content;
(C) Risks to residential areas served by the
			 Public Utility; and
(D) Risks to
			 substation or powerline owned by the Public Utility.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0040 - Wildfire Mitigation Plan Engagement Strategies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Public Utility must include in its
			 Wildfire Mitigation Plan a Wildfire Mitigation Plan Engagement Strategy. The
			 Wildfire Mitigation Plan Engagement Strategy will describe the utility's
			 efforts to engage and collaborate with Public Safety partners and Local
			 Communities impacted by the Wildfire Mitigation Plan in the preparation of the
			 Wildfire Mitigation Plan and identification of related investments and
			 activities. The Engagement Strategy must include, at a minimum:
(a) Accessible forums for engagement and
			 collaboration with Public Safety Partners, Local Communities, and customers in
			 advance of filing the Wildfire Mitigation Plan. The Public Utility should
			 provide, at minimum:
(A) One public
			 information and input session hosted in each county or group of adjacent
			 counties within reasonable geographic proximity and streamed virtually with
			 access and functional needs considerations; and
(B) One opportunity for engagement strategy
			 participants to submit follow-up comments to the public information and input
			 session.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0050 - Communication Requirements Prior, During, and After a Public Safety Power Shutoff (PSPS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 Public Utility determines that a PSPS is likely to occur, it must deliver
			 notification of the PSPS to its Public Safety Partners, operators of
			 utility-identified critical facilities, and adjacent local Public Safety
			 Partners.
(a) To the extent practicable, the
			 Public Utility must provide priority notification directly to Public Safety
			 Partners, operators of utility-identified critical facilities, and adjacent
			 local Public Safety Partners.
(b)
			 In notifying Public Safety Partners and utility-identified critical facilitates
			 of PSPS events, including adjacent local Public Safety Partners, the utility
			 will communicate the following information, at a minimum:
(A) The PSPS zone, which would include
			 Geographic Information System shapefile(s) depicting current boundaries of the
			 area subject to de-energization;
(B) Date and time PSPS will be executed;
(C) Estimated duration of PSPS;
(D) Number of customers impacted
			 by PSPS;
(E) When feasible, the
			 Public Utility will support Local Emergency Management efforts to send out
			 emergency alerts;
(F) At a minimum,
			 status updates at 24-hour intervals until service has been restored;
(G) Notice of when re-energization efforts
			 will begin and when re-energization is expected to be complete; and
(H) Information provided under this rule does
			 not preclude the Public Utility from providing additional information about
			 execution of the PSPS to its Public Safety Partners.
(c) In notifying utility-identified critical
			 facilities, the Public Utility will communicate the following information, at a
			 minimum:
(A) Date and time PSPS will be
			 executed;
(B) Estimated duration
			 of PSPS;
(C) At a minimum, status
			 updates at 24-hour intervals until service has been restored;
(D) Notice of when re-energization efforts
			 will begin and when re-energization is expected to be complete; and
(E) In addition to the above requirements,
			 utilities will also provide Geographical Information Files with as much
			 specificity as possible to Operators of Communications facilities in the area
			 of the anticipated PSPS.
(d) ESF-12 will notify Oregon Emergency
			 Response System (OERS) partners and Local Emergency Management in coordination
			 with Oregon's Office of Emergency Management.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0060 - Ongoing Informational Requirements for Public Safety Power Shutoffs (PSPS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Public
			 Utility will create a web-based interface that includes real-time, dynamic
			 information on location, de-energization duration estimates, and
			 re-energization estimates. The web-based interface will be hosted on the Public
			 Utility's website and must be accessible during a PSPS event. The Public
			 Utility will complete the web-based interface before March 31, 2024.
(2) The Public Utility will make its
			 considerations when evaluating the likelihood of a PSPS publicly available on
			 its website. These considerations include, but are not limited to: strong wind
			 events, other current weather conditions, primary triggers in high risk zones
			 that could cause a fire, and any other elements that define an extreme fire
			 hazard evaluated by the Public Utility.
(3) The Public Utility will ensure that its
			 website has the bandwidth capable of handling web traffic surges in the event
			 of a Public Safety Power Shutoff.
(4) The Public Utility will work to provide
			 real-time geographic information pertaining to PSPS outages compatible with
			 Public Safety Partner GIS platforms.
Statutory/Other Authority: ORS 183, ORS 756 & ORS
				  757
Statutes/Other Implemented: ORS
				  756.040 & ORS
				  757.020
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0070 - Reporting Requirements for Public Safety Power Shutoffs (PSPS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Public
			 Utility is required to file annual reports on de-energization lessons learned,
			 providing a narrative description of all PSPS events which occurred during the
			 fire season. Reports must be filed no later than December 31st of each
			 year.
(2) Non-confidential versions
			 of the reports required under this section must also be made available on the
			 Public Utility's website.
Statutory/Other Authority: ORS 183, ORS 756 & ORS
				  757
Statutes/Other Implemented: ORS
				  756.040 & ORS
				  757.035
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0080 - Cost Recovery

Current through Register Vol. 63, No. 7, July 1, 2024
All reasonable operating costs incurred by, and prudent
				investments made by, a Public Utility to develop, implement, or operate a
				Wildfire Protection Plan are recoverable in the rates of the Public Utility
				from all customers through a filing under ORS
				757.210 to
				757.220.
Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 759
				  & ORS 757
Statutes/Other Implemented: ORS
				  757.020  & 2021 Senate Bill 762