reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0407 - Request for Rate Regulation of an Association within the Boundaries of a City

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Association
			 members may submit a petition to the Commission at any time for full rate
			 regulation of a wastewater utility owned or operated by an association located
			 within the boundaries of a city. Petitioners must be current customers of the
			 wastewater utility.
(2) Petitions
			 must be in writing, state the purpose of the petition, and include the
			 customer's name, address, telephone number, and signature.
(3) Individual members may submit letters in
			 lieu of a petition.
(4) If 20
			 percent of association members petition the Commission, the Commission shall
			 issue an order notifying the association of its change in regulatory status to
			 a rate-regulated utility.
(5) The
			 association must file tariffs pursuant to ORS
			 757.205 within 60 days after
			 receiving notification from the Commission of its change in regulatory
			 status.
(6) If the association
			 fails to file appropriate tariffs within 60 days, the Commission may initiate a
			 tariff filing proceeding on its own motion to establish rates.
(7) Petitions filed with the Commission may
			 not be withdrawn or rescinded and are valid for six months.
Stat. Auth.: ORS 183, 756 & Ch. 082, OL 2003
Stats. Implemented: ORS
				  756.040 & Ch. 082, OL
				  2003
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0410 - Tariff Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Form
			 and style of tariffs:
(a) Each wastewater
			 utility must designate the initial tariff as PUC Oregon No. 1, and designate
			 successive tariffs with the next number in consecutive numerical order.
			 Supplemental information not otherwise provided by the tariff must be inserted
			 in the most appropriate location and denoted by the previous sheet numbers plus
			 a letter, for example, 3A, 3B, etc. Revisions to tariffs must be denoted by 1st
			 Revised Sheet No. 3, 2nd Revised Sheet No. 3, etc.;
(b) The title page should be uniform. Rates,
			 rules, and regulations must be written only on one side of a sheet. If a single
			 sheet is insufficient, two or more pages should be used. Blank forms will be
			 furnished by the Commission upon request; and
(c) Separate tariffs must be filed for
			 wastewater service or for any other service entered.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0415 - Tariff Contents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Tariffs must explicitly state the rates and charges for each class of
			 wastewater service rendered, designating the area or district to which they
			 apply.
(2) Rules and regulations of
			 the wastewater utility that in any manner affect the rates charged or to be
			 charged or define the extent or character of the wastewater service to be given
			 shall be included with each tariff.
Stat. Auth.: ORS 183, 330, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005.
				  757.061 &
				  757.205
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0420 - Tariff Changes Require 30 Days' Notice to the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
Except as hereinafter provided in this Division, a wastewater
				utility must file with the Commission all tariffs, rate schedules, revisions,
				or supplements thereto containing any change in rates, tolls, charges, or rules
				and regulations at least 30 days before the effective date of such changes. The
				Commission will reject tariffs or schedules not conforming with the rules in
				this Division.
Stat. Auth.: ORS 183, 756 & ORS 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.007,
				  757.061 & ORS
				  757.220
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0425 - Announcement of Tariff Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within 15 days of filing with the Commission new or revised wastewater tariff
			 schedules that constitute a general rate revision, a wastewater utility shall
			 inform its customers of the filing. A "general rate revision" is a filing by a
			 wastewater utility that affects all or most of a wastewater utility's
			 wastewater rate schedules. "General rate revision" does not include changes in
			 an automatic adjustment clause under ORS
			 757.210(1) or
			 similar changes in one rate schedule, such as for an amortization, that affect
			 other rate schedules.
(2) A
			 wastewater utility shall inform its customers by:
(a) Insertion of a display announcement, not
			 less than a three column standard advertising unit (SAU) by 10 inch
			 advertisement, at least once in a newspaper of general circulation in the
			 communities served by the wastewater utility;
(b) An announcement inserted in the
			 wastewater utility's regular billing to its wastewater customers; or
(c) An announcement mailed to each wastewater
			 customer.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0430 - Applications to Make Tariffs or Rate Schedules Effective on Less Than Statutory Notice

Current through Register Vol. 63, No. 7, July 1, 2024
A wastewater utility seeking authority to make tariffs or rate
				schedules effective on less than statutory notice must use application forms
				approved by the Commission.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061 &
				  757.220
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0435 - Requirements for Filing Tariffs or Schedules Changing Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A wastewater
			 utility may make wastewater tariff changes by filing an entirely new tariff or
			 by filing revised sheets that shall refer to the sheets of the tariffs on file.
			 Additions to the tariff on file may be made by filing additional
			 sheets.
(2) Each wastewater utility
			 filing wastewater tariffs or schedules changing existing tariffs or schedules
			 shall submit therewith the following information:
(a) A statement plainly indicating the
			 increase, decrease, or other change thereby made in existing rates, charges,
			 tolls, or rules and regulations;
(b) A statement setting forth the number of
			 customers affected by the proposed change and the resulting change in annual
			 revenue; and
(c) A detailed
			 statement setting forth the reasons or grounds relied upon in support of the
			 proposed change.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0440 - Requirements for Filing Tariffs or Schedules Naming Increased Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A wastewater
			 utility filing tariffs or schedules that increase rates shall submit, in
			 addition to the requirements of OAR 860-037-0435, the following information:
(a) A statement setting forth for each
			 separate schedule the total number of customers affected, the total annual
			 revenue derived under the existing schedule, and the amount of estimated annual
			 revenue derived under the proposed schedule in the application;
(b) A statement setting forth for each
			 separate schedule the monthly bills under both the existing rates and the
			 proposed rates for characteristic customers that fairly represents the
			 application of the proposed tariff or schedules; and
(c) A detailed statement setting forth the
			 reasons or grounds relied upon in support of the proposed increase.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0445 - Tariff Changes Effective with Service Rendered

Current through Register Vol. 63, No. 7, July 1, 2024
All tariff changes apply to service rendered on and after the
				effective date of the changes, unless the Commission by order provides
				otherwise. As used in this rule, "service rendered" means basic service
				provided, or likewise as the context requires.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.007,
				  757.061 &
				  757.220
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0450 - Notice to Interested Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to any tariff filing that is filed under ORS
			 757.205.
(2) Any person who requests of the
			 Commission, in writing, to be notified of wastewater utility tariff filings
			 covered under section (1) of this rule must be included on a notice
			 list.
(3) The Commission must
			 notify all persons on the notice list referred to in section (2) of this rule
			 of any applicable tariff filing. The notice will be given within ten days of
			 any tariff filing under section (1) of this rule that complies with OAR
			 860-037-0410  through 860-037-0440.
(4) The notice must include the following
			 information:
(a) Name of the wastewater
			 utility submitting the filing;
(b)
			 Subject;
(c) Filing date;
(d) Effective date;
(e) Date of the public meeting the tariff
			 will be considered (when the information is available); and
(f) Customer classes affected.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0505 - Form and Filing of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission will furnish to applicant
			 such information from the records on file as will assist in a full presentation
			 of material facts required by OAR 860-037-0510  to 860-037-0535.
(2) When any document required to be filed
			 under these rules has previously been filed with the Commission, it shall be
			 sufficient if the application makes reference to such filing and the capacity
			 in which it was filed.
(3) Where
			 the words "none" or "not applicable" truly and completely state the fact, they
			 should be used in answering the requirement of any particular section of this
			 rule.
(4) The Commission may
			 require additional information when it appears to be pertinent in a particular
			 case.
(5) Whenever these rules
			 require the filing of financial statements, they shall be prepared as of the
			 latest date available. The Income Statement shall be for the most recent
			 12-month period.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0510 - Notice and Approval Requirements Relating to the Sale, Transfer, Merger, Termination, Abandonment, or Disposal of a Wastewater Utility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approval
			 Requirements:
(a) Each wastewater utility
			 must file an application to obtain Commission approval prior to the sale,
			 transfer, or merger of the utility. Application requirements are found in OAR
			 860-037-0515;
(b) Each wastewater
			 utility must file an application to obtain Commission approval prior to
			 terminating, abandoning, or otherwise disposing of the wastewater utility,
			 excluding sales, transfers, or mergers.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0515 - Applications for Authority to Sell, Lease, Assign, Mortgage, Merge, Consolidate, or Otherwise Dispose of or Encumber its Property, or to Acquire Stock, Bonds, or Property of Another Public Utility

Current through Register Vol. 63, No. 7, July 1, 2024
Requirements of this rule apply to wastewater utilities seeking
				authority under ORS 757.480 and
				757.485. Every applicant shall
				at a minimum, utilize the form prescribed below and provide all required
				information. At its discretion, the Commission may require further or more
				detailed information. [Form not included. See ED. NOTE.]
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061,
				  757.105,
				  757.480,
				  757.485
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0517 - Acquisition Adjustment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 wastewater utility may file a petition with the Commission for approval of an
			 acquisition adjustment for acquiring a wastewater utility. The approval and
			 determination of an acquisition adjustment is at the sole discretion of the
			 Commission.
(2) The Commission
			 shall consider the merits of the utility's petition based on the benefit to the
			 customers being acquired and the public interest on a case-by-case
			 basis.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0525 - Applications for Authority to Guarantee Indebtedness

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The requirements of this rule apply to
			 wastewater utilities seeking authority under ORS
			 757.440. Every applicant shall
			 set forth in its application to the Commission, in the manner and form
			 indicated, the following information that should, to the extent possible, be
			 furnished for each person, firm, or corporation involved:
(a) The information required by OAR
			 860-037-0520(1)(a) to (g)  inclusive;
(b) A full description of the securities the
			 applicant proposes to assume obligation or liability as guarantor, endorser,
			 surety, or otherwise;
(c) The
			 amount of other securities of said person, firm, or corporation now held,
			 owned, or controlled by the applicant;
(d) A statement as to whether or not any
			 application, with respect to the transaction or any part thereof, is required
			 to be filed with any federal or other state regulatory body;
(e) The reasons, in detail, why it is in
			 applicant's interest to guarantee such securities;
(f) The reasons, in detail, why it is
			 necessary for applicant to guarantee such securities; and
(g) The facts relied upon by the applicant to
			 show the assumption is:
(A) For some lawful
			 object within the applicant's corporate purposes and compatible with the public
			 interest;
(B) Necessary or
			 appropriate for or consistent with the applicant's proper performance of
			 service as a wastewater utility;
(C) Does not impair its ability to perform
			 that service; and
(D) Reasonably
			 necessary or required for such purposes.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0530 - Applications for Approval of Transactions Between Affiliated Interests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (3) of this rule, the requirements of this rule apply to
			 all wastewater utilities seeking authority under ORS
			 757.490 and
			 757.495. An application for
			 financing to an affiliated interest shall be made under OAR
			 860-037-0520.
(2) Every applicant
			 shall set forth in its application to the Commission, in the manner and form
			 indicated, the following information:
(a) The
			 applicant's exact name and the address of its principal business
			 office;
(b) The name and address of
			 the person authorized, on the wastewater utility's behalf, to receive notices,
			 inquiries, and communications regarding the information;
(c) A statement describing the relationship
			 between the wastewater utility and the contracting entity as defined by ORS
			 757.015 and
			 757.490;
(d) The amount, kind, and ratio to total
			 voting securities held, if applicable;
(e) A list of all officers and directors of
			 the affiliated interest who are also officers or directors of the
			 applicant;
(f) The pecuniary
			 interest, directly or indirectly, of any officer or director who is a party to
			 the contract;
(g) A description of
			 the goods or services to be provided, the cost incurred in providing each of
			 the goods or services, the market value of the goods or services if different
			 from the costs, and the method or methods proposed for pricing those goods or
			 services;
(h) An estimate of the
			 amount of money the wastewater utility expects to pay annually for the goods or
			 services and the accounts in which the charges are recorded;
(i) The reasons, in detail, relied upon by
			 the wastewater utility for procuring the proposed goods or services from the
			 affiliate and benefits, if any, utility wastewater service customers and the
			 general public will derive from the provision of goods or services;
(j) A description of the procurement process
			 and the reasons, in pertinent detail appropriate to the complexity of the
			 procurement, relied upon by the wastewater utility for procuring the proposed
			 goods or services without a competitive procurement process, if such a process
			 is not used;
(k) Transfer prices in
			 contracts or agreements for the procurement of goods or services under
			 competitive procurement is presumed to be the market value, subject to
			 evaluation of the procurement process;
(l) A copy of the proposed contract or
			 agreement between the wastewater utility and the contracting entity;
			 and
(m) Copies of all resolutions
			 of directors authorizing the proposed transactions and, if stockholders'
			 approval has been obtained, copies of the resolutions approved by the
			 stockholders.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0535 - Information Required Regarding Wastewater Utility Goods or Services Provided to Affiliated Interests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in section (4) of this rule, this rule applies to wastewater
			 utilities seeking to provide, or contracting to provide, directly or
			 indirectly, to any person or corporation having an affiliated interest as
			 defined in ORS 757.015 or any corporation
			 defined in 757.490(1),
			 service, advice, auditing, accounting, sponsoring, engineering, managing,
			 operating, financing, legal, or other services, or entering revenues or credits
			 therefore on its books. This rule does not apply to transactions subject to ORS
			 757.490 or
			 757.495 and OAR
			 860-037-0030.
(2) A wastewater
			 utility's failure to submit this required information shall not limit the
			 Commission's authority to recognize or impute revenues to the wastewater
			 utility pursuant to such contract in any rate valuation or other hearing or
			 proceeding.
(3) For transactions
			 provided in section (1) of this rule, every wastewater utility shall submit to
			 the Commission, in the manner and form indicated, the following information:
(a) Its exact name and the address of its
			 principal business office;
(b) The
			 name of the person authorized on the wastewater utility's behalf to receive
			 notices, inquiries, and communications regarding the information;
(c) A statement describing the relationship
			 between the wastewater utility and the other contracting entity as defined by
			 ORS 757.015 or
			 757.490;
(d) The pecuniary interest, directly or
			 indirectly, of any officer or director who is a party to the
			 contract;
(e) A description of the
			 goods or services to be provided, the costs incurred in providing those goods
			 or services, the market value of the goods or services if different from the
			 costs, and the method or methods proposed for pricing those goods or
			 services;
(f) An estimate of the
			 amount the wastewater utility expects to receive annually for the goods or
			 services and the accounts in which the payments are recorded;
(g) The reasons relied upon by the wastewater
			 utility for providing the proposed goods or services and the benefits, if any,
			 wastewater utility customers and the general public will derive from the
			 provision of goods or services;
(h)
			 A copy of the contract or agreement between the wastewater utility and the
			 contracting entity that is the subject of this filing; and
(i) Copies of all resolutions of directors of
			 the wastewater utility authorizing the proposed transactions and, if approval
			 of the wastewater utility's stockholders was obtained, copies of the
			 resolutions approved by the stockholders.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0540 - Timeliness of Applications Made Under OAR 860-037-0530 and Filings Made Under OAR 860-037-0535

Current through Register Vol. 63, No. 7, July 1, 2024
An application made under OAR 860-037-0530  and a filing made
				under 860-037-0535  shall occur no later than 90 days after the execution of the
				contract giving rise to the application or filing. The contract is deemed to be
				executed on the date the parties sign a written contract or on the date the
				parties begin to transact business under the contract, whichever date is
				earlier.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0545 - Applications for Waiver of Requirements Under OARs 860-037-0530 and 860-037-0535

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission will not waive the requirements of OAR
				860-037-0530  or 860-037-0535  for any transactions exceeding 0.1 percent of the
				previous calendar year's Oregon utility operating revenues unless the
				transaction or transactions can be demonstrated in advance to be fair and
				reasonable and in the public interest..
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005 &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0550 - Special Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Wastewater utilities within Oregon entering into special contracts with certain
			 customers prescribing and providing wastewater rates, services, and practices
			 not covered by or permitted in the general tariffs, schedules, and rules filed
			 by such wastewater utilities are in legal effect tariffs and are subject to
			 supervision, regulation, and control as such.
(2) All special contracts designating
			 wastewater service to be furnished at rates other than those shown in tariffs
			 currently on file with the Commission are classified as rate schedules. True
			 and certified copies shall be filed subject to review and approval pursuant to
			 the requirements of OARs 860-037-0405  through 860-037-0445.
(3) Special contracts shall be filed with the
			 Commission at least 30 days prior to the proposed effective date of the
			 contract and are effective according to its terms the 31st day from the date of
			 its filing unless earlier approved, suspended, or rejected by the
			 Commission.
(4) Each special
			 contract filed with the Commission shall be accompanied by documentation
			 necessary to show that the terms are fair, just, and reasonable to the
			 remaining customers, including but not limited to:
(a) A statement summarizing the basis of the
			 terms of the contract and an explanation of the deviation from the tariffs on
			 file;
(b) An explanation of all
			 cost computations involved; and
(c)
			 A statement indicating the basis for use of a contract rather than a filed
			 tariff for the specific service involved.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0560 - Relating to Local Government Fees, Taxes, and Other Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If any county
			 in Oregon, other than a city-county, imposes upon a wastewater utility any new
			 taxes or license, franchise, or operating permit fees, or increases any such
			 taxes or fees, the wastewater utility required to pay such taxes or fees shall
			 collect from its wastewater customers within the county imposing such taxes or
			 fees the amount of the taxes or fees, or the proportional share of increase in
			 such taxes or fees. However, if the taxes or fees cover the operations of a
			 wastewater utility in only a portion of a county, then the affected wastewater
			 utility shall recover the amount of the taxes or fees or increase in the amount
			 thereof from wastewater customers in the portion of the county that is subject
			 to the taxes or fees. "Taxes," as used in this rule, means sales, use, net
			 income, gross receipts, payroll, business or occupation taxes, levies, fees, or
			 charges other than ad valorem taxes.
(2) The amount collected from each wastewater
			 service customer pursuant to section (1) of this rule shall be separately
			 stated and identified in all wastewater customer billings.
(3) This rule applies to new or increased
			 taxes imposed on and after December 16, 1971, including new or increased taxes
			 imposed retroactively after that date.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061 &
				  757.110
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0565 - Accounting for Director's Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Director's fees paid by a wastewater utility to members of its
				board of directors, who are also paid as officers of the utility, shall not be
				recognized as a charge to operating expenses in Oregon.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061 &
				  757.110
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0567 - Accounting for Contributions in Aid of Construction (CIAC)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CIAC are
			 contributions in any form including, but not limited to, cash, services, or
			 utility plant on a separate schedule. The utility must identify the type of
			 contribution, original cost, and utility plant installation date.
(2) Each wastewater utility must provide an
			 accounting of CIAC upon Commission request, and in its annual reports and rate
			 applications. Each utility shall account for and record CIAC on a separate
			 schedule.
(3) Each wastewater
			 utility must keep a record as described in section (2) of this rule and record
			 CIAC on a separate plant and depreciation schedule.
(4) As of November 1, 2002, CIAC and its
			 resulting depreciation are excluded from wastewater utility ratemaking. CIAC
			 must be separated from utility plant and accounted for and depreciated on a
			 separate schedule outside the ratemaking process.
(5) In cases where previous CIAC depreciation
			 was included in rates and removing it all at once would cause irreparable harm
			 to the wastewater utility, the Commission may systematically remove CIAC from
			 rates over a period of time set forth in a schedule to be approved by the
			 Commission.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005, &
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0570 - Accounting for Construction Work In Progress (CWIP)

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to wastewater utilities that provide service
				inside the boundaries of a city. The Commission may allow into rates the costs
				of a specific capital improvement project in progress if:
(1) The wastewater utility uses the
			 additional revenues solely for the purpose of completing the capital
			 improvement project;
(2) The
			 wastewater utility demonstrates that its access to capital is limited and it is
			 in the public interest to provide funding for the capitol improvement through
			 rates; and
(3) Such costs are
			 approved through tariffs filed with the Commission.
Stat. Auth.: ORS Ch. 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.355 & Ch. 202, OL
				  2003
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0605 - Preservation and Destruction of Records

Current through Register Vol. 63, No. 7, July 1, 2024
The Regulations to Govern the Preservation of Records of
				Electric, Gas and Water Utilities, April 1974, revised May 1985, published by
				the National Association of Regulatory Utility Commissioners as applicable for
				wastewater utility service and operation is hereby adopted as modified and
				prescribed by the Commission for all wastewater service documents and records,
				with the following exceptions:
(1)
			 Operations and Maintenance, Records of Auxiliary, and other Operations. Records
			 of operations shall be retained for the same periods as prescribed for similar
			 records pertaining to wastewater utility operations;
(2) Revenue Accounting and Collecting.
			 Contracts and card files or other customer records for wastewater utility
			 service shall be retained for at least one year after the expiration or
			 cancellation of the agreement.
(3)
			 Record Media. Each wastewater utility that provides service in Oregon shall
			 allow the federally required "e-sign" as a form of accepted media.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061 &
				  757.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0610 - Uniform System of Accounts for Wastewater Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
The Uniform System of Accounts for Class A Water Utilities,
				1996, published by the National Association of Regulatory Utility
				Commissioners, is hereby adopted as modified and prescribed by the Commission
				for all wastewater service and operations.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.005,
				  757.061,
				  757.105,
				  757.120,
				  757.125 &
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0615

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.005,
				  757.061 &
				  757.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0620

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.005,
				  757.061 &
				  757.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0625 - Annual Reports

Current through Register Vol. 63, No. 7, July 1, 2024
On forms approved and provided by the Commission, all
				wastewater utilities shall submit:
(1)
			 A financial Result of Operations annual report for the immediately preceding
			 year, by April 1.
(2) A report of
			 all affiliated interest, intercompany, and intracompany transactions which
			 occurred during the period from January 1 through December 31 of the
			 immediately preceding year, by June 1.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.005,
				  757.061,
				  757.120,
				  757.125 &
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 37 - WASTEWATER SERVICE REGULATION FOR JOINT WATER/WASTEWATER UTILITIES › Section 860-037-0630 - Use of Deferred Accounting as it Applies to Wastewater Operations by Wastewater Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions: The following definitions shall be used in this rule:
(a) "Amortization" means the inclusion in
			 rates of an amount that has been deferred under ORS
			 757.259 and which is designed to
			 eliminate, over time, the balance in an authorized deferred account.
			 Amortization does not include the normal positive and negative fluctuations in
			 a balancing account;
(b) "Deferred
			 Accounting" means the recording in a balance sheet account, with Commission
			 authorization under ORS
			 757.259, of a current expense or
			 revenue associated with current service for later reflection in
			 rates.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0001 - Scope and Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules contained in this division
			 apply to electric companies and electricity service suppliers, except that
			 these rules do not apply to an electric company serving fewer than 25,000
			 consumers in this state unless the electric company:
(a) Offers direct access to any of its retail
			 electricity consumers in this state; or
(b) Offers to sell electricity services
			 available under direct access to more than one retail electricity consumer of
			 another electric company in this state.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0005 - Definitions for Direct Access Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division:
(1) "Above-market costs of new renewable
			 energy resources" means the portion of the net present value cost of producing
			 power (including fixed and operating costs, delivery, overhead, and profit)
			 from a new renewable energy resource that exceeds the market value of an
			 equivalent quantity and distribution (across peak and off-peak periods and
			 seasonality) of power from a nondifferentiated source, with the same term of
			 contract.
(2) "Ancillary services"
			 means those services necessary or incidental to the transmission and delivery
			 of electricity from resources to retail electricity consumers, including but
			 not limited to scheduling, frequency regulation, load shaping, load following,
			 spinning reserves, supplemental reserves, reactive power, voltage control and
			 energy balancing services.
(3)
			 "Competitive operations" means any electric company's activities involving the
			 sale or marketing of electricity services or directly related products in an
			 Oregon retail market. Competitive operations include, but are not limited to,
			 the following:
(a) Energy efficiency audits
			 and programs;
(b) Sales,
			 installation, management, and maintenance of electrical equipment that is used
			 to provide generation, transmission, and distribution related services or
			 enhances the reliability of such services; and
(c) Energy management services, including
			 those services related to electricity metering and billing. Services or
			 products provided by the electric company as part of its electric service to
			 its non-direct access customers within its allocated service territory, or
			 transmission and distribution services to its direct access customers are not
			 competitive operations.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0080 - Resource Policies and Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Commission adopts the following policies with respect to the Oregon share
			 of generating resources (generating assets and power purchase contracts with a
			 duration of at least one year) of each electric company:
(a) At such time as the Resource Plan is
			 implemented and fully executed, each electric company will retain in its Oregon
			 revenue requirement costs associated with a level of generating resources that
			 is not greater than that necessary to meet the current and reasonably expected
			 future loads of its Oregon cost-of-service consumers. In determining whether an
			 electric company has excess generating resources, the Commission will consider
			 the projected useful lives and mix of fuels of the electric company's
			 generating resources. To encourage the development of a competitive retail
			 energy market, it is the policy of the Commission to release to the competitive
			 market generating resources in excess of such reasonably expected future loads.
			 It is also the policy of the Commission to determine a one-time valuation for
			 the share of an electric company's generating resources attributable to Oregon
			 consumers who are not cost-of-service consumers;
(b) The Commission will not require an
			 electric company to acquire new generating resources except as provided in ORS
			 757.663.
(c) Major capital improvements to existing
			 generating resources will continue to be, and new generating resources will be,
			 subject to least cost planning processes and analyses and the Oregon share of
			 their prudently-incurred costs will be included in an electric company's Oregon
			 revenue requirement, which for a multi-state electric company shall be
			 consistent with Commission decisions pursuant to subsection (3)(a)(G) of this
			 rule.
(d) The Oregon share of the
			 costs of each generating resource may be either completely in, completely out,
			 or "mixed" with respect to inclusion in an electric company's Oregon revenue
			 requirement. The Commission will permit mixed status unless it finds that mixed
			 status will:
(A) Reduce the generating
			 resource's operating efficiency;
(B) Harm the development of a competitive
			 market; and
(C) Prevent the owners
			 from making economic decisions about the operation of the generating
			 resource.
(e) For a
			 multi-state electric company for which the Commission adopts a fixed-allocated
			 Oregon share amount, and a Resource Plan is implemented, such generating
			 allocation amount will be used for developing cost-of-service rates, transition
			 charges and credits, and Operations and Maintenance allocations as well as
			 other allocations that use generation-based factors.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0100 - Auction Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 electric company must follow the process provided in sections (2) and (3) of
			 this rule for all generating resources, or portions thereof, that it intends to
			 sell pursuant to the Resource Plan, unless it presents to the Commission, and
			 the Commission approves, an alternative process.
(2) The auction process will be the process
			 adopted by the Commission in Order No. 99-765, except that affiliates of the
			 electric company may participate in the auction as eligible buyers, in which
			 case the auction will be subject to such requirements to assure independent
			 decision making as the Commission may determine.
(3) Unless otherwise provided in the Resource
			 Plan, the electric company shall not begin its auction process until the
			 Commission issues a final order valuing all of the electric company's Oregon
			 share of generating resources pursuant to a process to be established by
			 rule.
(4) Notwithstanding section
			 (3) of this rule, the electric company may, at its option, immediately auction
			 all or a portion of generating resources identified by the Commission as exempt
			 from section (3) of this rule. Any such auction will be subject to ORS
			 757.480 and OAR
			 860-027-0025.
(5) The electric
			 company shall recover through the transition balancing account the costs of an
			 auction process, including but not limited to the reasonable costs of
			 investment bankers and other advisors.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040 &
				  757.600 -
				  757.667
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0140 - Ongoing Valuation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 electric company may use an ongoing valuation method to determine the
			 transition costs or transition credits applicable to Oregon cost-of-service
			 consumers until otherwise directed by the Commission. Except in the
			 circumstances set forth in OAR 860-038-0080(5) and (6), an electric company
			 will use an ongoing valuation method to determine the transition charges or
			 transition credits applicable to Oregon cost-of-service consumers.
(2) Each electric company will propose one or
			 more ongoing valuation methods in the rate filings. Each method must, at a
			 minimum, address:
(a) How and over what period
			 the electric company proposes to establish the fixed costs of included
			 generating resources;
(b) How and
			 over what period the electric company proposes to establish the variable costs
			 of included generating resources;
(c) How and over what period the electric
			 company proposes to establish the availability and output of included
			 generating resources;
(d) How and
			 over what period the electric company proposes to establish the market value of
			 the output of included generating resources; and
(e) How and when revisions should be made in
			 the method.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0160 - Transition Costs and Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided for in OAR 860-038-0080(6), each Oregon retail electricity
			 consumer of an electric company will receive a transition credit or pay a
			 transition charge equal to 100 percent of the net value of the Oregon share of
			 all economic utility investments and all uneconomic utility investments of the
			 electric company as determined pursuant to an auction, an administrative
			 valuation, or an ongoing valuation. The transition charge or credit applicable
			 to a retail electricity consumer may change to reflect the duration of the
			 service option chosen by the consumer but will not change based on the supplier
			 of the electricity services chosen by the consumer.
(2) Once a Resource Plan is implemented, the
			 Oregon cost-of-service consumers of an electric company will bear the entire
			 revenue requirement of generating resources, or portions thereof, retained in
			 that electric company's Oregon revenue requirement for the purpose of serving
			 those Oregon consumers. In addition, the electric company will:
(a) Collect from its Oregon cost-of-service
			 consumers the funds necessary to provide any transition credits related to such
			 resources to its other Oregon consumers exclusive of incentive payments;
			 or
(b) Credit to its Oregon
			 cost-of-service consumers the funds received from any transition charges
			 related to such resources from its other Oregon consumers exclusive of
			 incentive payments.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0170 - Non-bypassable Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 determining whether a cost is appropriate for recovery as a non-bypassable
			 charge, the Commission shall consider the following factors:
(a) whether it is required by
			 statute:
(b) whether it is an
			 uneconomic cost of implementing a public policy goal such as those identified
			 in ORS 469A.465 or similar public
			 policy goals related to reliability, equity, decarbonization, resiliency or
			 other public interest for which retail consumers served by electricity service
			 suppliers otherwise would not meaningfully contribute:
(c) whether or not it confers a demonstrable
			 electric system benefit on some customers over others:
(d) whether it is in the public
			 interest:
(e) whether it is
			 necessary to be non-bypassable under the Commission's discretion in order to
			 establish fair. just, and reasonable rates and prevent unwarranted cost
			 shifting.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0200 - Unbundling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is
			 designed to ensure compliance with ORS
			 757.642 by directing electric
			 companies to separately identify their embedded costs on a function-by-function
			 basis. The electric company must unbundle its costs in a manner that
			 facilitates the development of rates described in OARs 860-038-0220  to
			 860-038-0280. The electric company must unbundle costs associated with
			 functions that a retail electricity consumer may self-supply or purchase from
			 an entity other than the electric company. The calculation of unbundled rates
			 is beyond the scope of this rule.
(2) Each electric company must separately
			 identify its costs of each of the following functions:
(a) Generation;
(b) Transmission services;
(c) Distribution services;
(d) Ancillary services;
(e) Consumer services:
(A) Billing services;
(B) Metering services; and
(C) Other consumer services;
(f) Retail services, examples of
			 which are listed in section (3) of this rule;
(g) Investment in public purposes;
			 and
(h) Any other function the
			 Commission deems appropriate.