reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0240 - Cost-of-Service Rate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After March 1,
			 2002, an electric company must provide a cost-of-service rate option to
			 cost-of-service consumers. Only one cost-of-service rate option may be offered
			 by schedule to each class of consumers.
(2) Unless a new residential or small
			 nonresidential consumer elects otherwise, the electric company will serve the
			 consumer under the cost-of-service option.
(3) An electric company must develop
			 cost-of-service rates as follows:
(a) The
			 cost-of service rates must be based on the unbundled costs identified through
			 the application of OAR 860-038-0200;
(b) The cost-of-service rates for any class
			 of consumer must be based on the unbundled costs to serve that class;
(c) The cost-of-service rates must include
			 any additional electric company costs that are incurred when a consumer chooses
			 to be served under the cost-of-service rate option;
(d) The cost-of-service rates must exclude
			 electric company costs that are avoided when a consumer chooses to be served
			 under the cost-of-service rate option;
(e) An electric company may impose
			 nonrecurring charges to recover the administrative costs of changing suppliers
			 or rate options; and
(f) Rates must
			 be established so that costs associated with the development or offering of
			 rate options are assigned to the retail electricity consumers eligible to
			 choose such rate options.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0250 - Nonresidential Standard Offer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By
			 March 1, 2002, each electric company shall provide one or more standard offer
			 rate options to large nonresidential retail electricity consumers and one or
			 more standard offer rate options to small nonresidential consumers. Each
			 electric company must designate one of the standard offers available to each
			 customer class as the non-emergency default supply option.
(2) An electric company must develop the
			 standard offer rate as follows:
(a) A standard
			 offer rate option shall be a tariff approved by the Commission, which is priced
			 based on supply purchases made on a competitive basis from the wholesale market
			 plus the transition credit or transition charge, if any, and all other
			 unbundled costs of providing standard offer service. A standard offer rate must
			 reflect the full costs of providing standard offer service;
(b) The standard offer rates for any class of
			 customer must be based on the unbundled costs to serve that class;
(c) The standard offer rates must include any
			 additional electric company costs that are incurred when a consumer chooses to
			 be served under the standard offer rate option;
(d) The standard offer rates must exclude
			 electric company costs that are avoided when a consumer chooses to be served
			 under the standard offer rate option;
(e) An electric company may impose
			 nonrecurring charges to recover the administrative costs of changing suppliers
			 or rate options; and
(f) Rates must
			 be established so that costs associated with the development or offering of
			 rate options are assigned to the retail electricity consumers eligible to
			 choose such rate options.
(g) An
			 electric company may offer a cost-of-service rate to large nonresidential
			 consumers in lieu of a one-year standard offer rate option.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0260 - Direct Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By March 1,
			 2002, an electric company must allow nonresidential consumers to choose direct
			 access.
(2) An electric company
			 must develop direct access rates as follows:
(a) The direct access rates must be based on
			 the unbundled costs identified through the application of OAR
			 860-038-0200;
(b) The direct access
			 rates for any class of customer must be based on the unbundled costs to serve
			 that class;
(c) The direct access
			 rates must include any additional electric company costs that are incurred when
			 a consumer chooses to be served under the direct access rate option;
(d) The direct access rates must exclude
			 electric company costs that are avoided when a consumer chooses to be served
			 under the direct access rate option;
(e) An electric company may impose
			 nonrecurring charges to recover the administrative costs of changing suppliers
			 or rate options; and
(f) Rates must
			 be established so that costs associated with the development or offering of
			 rate options are assigned to the retail electricity consumers eligible to
			 choose such rate options.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0275 - Direct Access Annual Announcement and Election Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On November 15
			 of each year (or the next business day if November 15 falls on a Saturday,
			 Sunday, or legal holiday as defined by ORS
			 187.010), each electric company
			 must announce the prices to be charged for electricity services in the next
			 calendar year. The date on which the electric companies are required to
			 announce such prices is "the Announcement Date."
(2) Electric companies must allow retail
			 electricity customers that are eligible for direct access at least five
			 business days after the Announcement Date to choose service under a
			 cost-of-service rate option or to purchase electricity from either an
			 electricity service supplier through direct access or an electric company
			 through a standard rate offer.
(3)
			 At least five business days before the Announcement Date, electric companies
			 and electricity service suppliers must announce, and post on their websites,
			 estimates of prices for electricity services in the subsequent calendar year or
			 subsequent contract period if different than a calendar year:
(a) All electric companies and electricity
			 service suppliers must continuously post the estimated prices announced under
			 this rule on their websites until the Announcement Date.
(b) Electric companies' estimated prices will
			 be the companies' estimates of the electricity service prices that will be in
			 effect for the calendar year subsequent to the Announcement Date.
(c) Electricity service suppliers will
			 determine estimated prices that will allow electricity consumers to compare the
			 estimated prices of the electric company and electricity service supplier for
			 the subsequent calendar year, or contract period if different than a calendar
			 year.
(d) Announcing estimated
			 prices as required by this rule creates no obligation on the part of the
			 electric companies and/or electricity service suppliers to provide electricity
			 service to any consumer at the estimated prices.
(e) If an electricity service supplier does
			 not intend to sell electricity services in the subsequent calendar year or
			 contract period, the electricity service supplier must announce, and post on a
			 web site, that it does not intend to sell electricity services in the
			 subsequent calendar year or contract period.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0280 - Default Supply

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Default
			 supply is an alternative available to nonresidential consumers served by direct
			 access.
(2) The two types of
			 default supply are emergency as defined in OAR 860-038-0005  and standard offer
			 as defined in OAR 860-038-0250.
(3)
			 Each electric company must provide the emergency option as follows:
(a) Emergency default service commences when
			 an electric company is informed by the ESS or nonresidential consumer, or
			 becomes aware, that an ESS is no longer providing service; and
(b) Each electric company must file tariffs
			 with the Commission that include the emergency service option. An electric
			 company must design emergency service rates to recover its costs of providing
			 such service.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0290 - Preferential Curtailment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule becomes effective June 1, 2024.
(2) Except as provided in sections (4), (8),
			 and (9) of this rule, each electric company shall provide preferential
			 curtailment of New Large Load Program participants, as defined in OAR
			 860-038-0700(2)(d), and long-term opt-out direct access consumers.
(3) At the time a consumer makes its direct
			 access election, New Large Load Direct Access Program participants and
			 long-term opt-out direct access consumers must elect whether a given load will
			 be curtailable or non-curtailable. A consumer that makes no such election will
			 be deemed non-curtailable.
(4) An
			 electric company will not preferentially curtail the load of a direct access
			 consumer when:
(a) The direct access consumer
			 has elected to be non-curtailable during the election period, or,
(b) The direct access consumer's load is
			 infeasible to curtail, or,
(c) When
			 the preferential curtailment of a direct access consumer would negatively
			 affect cost-of-service consumers.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0300 - Electric Company and Electricity Service Suppliers Labeling Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to establish requirements for electric companies and electricity
			 service suppliers to provide price, power source, and environmental impact
			 information necessary for consumers to exercise informed choice.
(2) An electricity service provider must post
			 a summary of the aggregated energy supply mix and associated emissions for the
			 Direct Access load served in Oregon in the previous year. When historic data in
			 unavailable, the ESS must use a reasonable estimate of future resource mix. The
			 summary must be updated on November 15 of each year (or the next business day
			 if November 15 falls on a Saturday, Sunday, or legal holiday as defined by ORS
			 187.010) and either included on
			 or via a link on its indicative pricing website as required under OAR 860-038-
			 0275.
(3) For each service or
			 product it offers, an electric company must provide price, power source, and
			 environmental impact information to all residential consumers annually, or at a
			 frequency prescribed by the Commission. The information must be based on the
			 available service options. The information must be supplied consistent with the
			 requirements prescribed by the Commission. The electric company must report
			 price information for each service or product for residential consumers based
			 on the average monthly bill and price per kilowatt-hour for the available
			 service options.
(4) An electric
			 company and an electricity service supplier must provide price, power source
			 and environmental impact information to nonresidential consumers consistent
			 with the requirements and frequency prescribed by the Commission. An electric
			 company and an electricity service supplier must report price information for
			 nonresidential consumers as follows:
(a) The
			 price and amount due for each service or product that a nonresidential consumer
			 is purchasing;
(b) The rates and
			 amount of state and local taxes or fees, if any, imposed on the nonresidential
			 consumer;
(c) The amount of any
			 public purpose charge; and
(d) The
			 amount of any transition charge or credit.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0340 - Electric Company Ancillary Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to those ancillary
			 services that are not within the exclusive jurisdiction of the Federal Energy
			 Regulatory Commission.
(2) The
			 Commission may require an electric company to provide ancillary services to
			 facilitate direct access to consumers.
(3) The Commission may decide which ancillary
			 services a direct access consumer may purchase directly from electricity
			 service suppliers.
(4) An electric
			 company must provide ancillary services to facilitate direct access that are
			 comparable to the services it provides for its own retail electricity
			 consumers.
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 860-038-0360 - Electric Company Customer Metering Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The electric company must own/lease,
			 install, test, read, remove, and maintain a customer meter for each retail
			 electricity consumer receiving metered distribution services.
(2) The electric company's meter reading must
			 be the basis for the electric company charges billed to the retail electricity
			 consumer. The electric company must provide the results of the meter reading to
			 the consumer's ESS in a timely manner, comparable to the provision of such
			 information to its own non-distribution divisions, affiliates, and related
			 parties for direct access customers served by those divisions, affiliates, and
			 related parties. The electric company must not disclose meter data to any
			 entity or person other than the retail electricity consumer, the consumer's
			 ESS, or the Commission unless written authorization is obtained from the retail
			 electricity consumer.
(3) The
			 electric company must make available a standard meter and metering services to
			 each retail electricity consumer that are adequate for the billing and other
			 requirements of the electric company.
(4) The electric company must offer meters
			 and metering services, other than the standard meters and metering services,
			 that are necessary for an ESS to provide service to a retail electricity
			 consumer. If an ESS requests that the electric company offer a specific meter
			 capability or function or metering service, the electric company must consider
			 and approve or deny the request within 10 business days. If the request is
			 approved, the electric company must file rates with the Commission for such
			 meter or metering service within 30 days. If the request is denied, the ESS may
			 appeal the decision to the Commission. The electric company must establish
			 charges for different meter capabilities or functions and metering services
			 subject to approval by the Commission.
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 860-038-0380 - Aggregation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 ensuring compliance with Commission standards for consumer protection, an
			 aggregator must be registered by the Commission to combine retail electricity
			 consumers in the service territory of an electric company into a buying group
			 for the purchase of electricity and related services.
(2) The initial registration fee is
			 $50.
(3) The annual renewal fee is
			 $25.
(4) At a minimum, the
			 aggregator must supply the following information:
(a) Name of aggregator;
(b) Name, address, and phone number of the
			 aggregator's regulatory contact; and
(c) A signed statement from an authorized
			 representative of the aggregator declaring that all information provided is
			 true and correct.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0410 - Scheduling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each ESS shall
			 be certified as either scheduling or nonscheduling.
(2) Each scheduling ESS shall schedule the
			 resources to serve the direct access loads for which it has scheduling
			 responsibility with the appropriate control area operators. Scheduling shall be
			 in accordance with all generally accepted regional and Western Electricity
			 Coordinating Council rules and guidelines.
(a) Only a single scheduling ESS may schedule
			 all the resources and other services for any single direct access consumer.
			 Multiple ESSs may provide services to any individual direct access consumer,
			 but only through a single scheduling ESS;
(b) Each scheduling ESS shall be responsible
			 for ensuring that all necessary point-to-point transmission services have been
			 acquired across the facilities of third parties, above and beyond the network
			 integration transmission service provided on the facilities of the electric
			 company to serve the direct access loads for which it has scheduling
			 responsibility;
(c) Each scheduling
			 ESS shall be responsible for forecasting the requirements for serving the
			 direct access loads for which it has scheduling responsibility and arranging
			 for resources;
(d) Each scheduling
			 ESS shall be responsible for settling imbalances with electric companies for
			 the total resources and direct access loads for which it has scheduling
			 responsibility.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0420 - Electricity Service Supplier Consumer Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All advertising and marketing activities
			 by electricity service suppliers must be truthful, not misleading, and in
			 compliance with Oregon's Unfair Trade Practices Act (ORS
			 646.605 through
			 646.656).
(2) No person or entity may offer to sell
			 electricity services available pursuant to direct access unless it has been
			 certified by the Commission as an ESS.
(3) Sections (3) through (6) of this rule do
			 not apply when a consumer is changing suppliers. Sections (3) through (6) apply
			 when an ESS is discontinuing service to a consumer. An ESS must give its
			 customers at least 10 business days written notice, as prescribed in section
			 (5) of this rule, before the ESS may discontinue service.
(4) The written notice of intent to
			 discontinue service to the ESS customer must be printed in boldface type and
			 must state in easy to understand language:
(a) The name and contact information of the
			 ESS and the service location intended to be discontinued;
(b) The reasons for the proposed
			 discontinuance;
(c) The earliest
			 date for discontinuance; and
(d)
			 The amount necessary to be paid to avoid discontinuance of services, if
			 applicable.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0445 - Coordination of Supplier Changes and Billing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to electricity service
			 suppliers and to electric companies providing service options to nonresidential
			 consumers. For purposes of this rule, "supplier" means an electricity service
			 supplier or electric company.
(2)
			 An ESS may not provide service to a consumer without a written contract or
			 electronic authorization between the customer and the ESS and the submission by
			 the ESS of a Direct Access Service Request (DASR) to the electric company to
			 switch such customer from its then-current supplier to the ESS. The DASR must
			 contain all information required by the electric company's direct access tariff
			 to effect the switching of such customer's supplier.
(3) An ESS or electric company shall not
			 submit a DASR unless it possesses written or electronic authorization from the
			 consumer.
(4) The ESS must maintain
			 records sufficient to demonstrate compliance with this rule including a copy of
			 the contract authorizing the change in supplier for a period of one year from
			 the date the customer authorized a change in electric service to such supplier.
			 Upon request, the supplier must make such records available to the electric
			 company or the Commission.
(5) An
			 acceptable DASR must conform to industry electronic data interchange
			 protocols.
(6) The written contract
			 or electronic authorization must contain, at a minimum, the following
			 information:
(a) The consumer's name, current
			 account number, and an electric company's unique location identifier, if
			 available;
(b) The service address
			 and the consumer's mailing address;
(c) The type of service being
			 purchased;
(d) The name of the new
			 supplier that will be supplying the service;
(e) The effective date and time of change of
			 supplier;
(f) The consumer's
			 billing preference (electric company only, electricity service supplier only,
			 or both);
(g) Identification and
			 explanation of any nonrecurring charges associated with the change of
			 supplier;
(h) A statement to the
			 effect that the consumer is authorized to make the change and authorizes the
			 change to the new supplier; and
(i)
			 The consumer's signature or electronic authorization and title.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0450 - Location of Underground Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
An ESS and its customers shall comply with requirements of
				chapter 952 regarding the prevention of damage to underground
				facilities.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040, ORS
				  757.542 - ORS
				  757.562 & ORS
				  757.649
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0460 - Construction, Safety, and Reporting Standards for Electricity Service Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
An ESS shall comply with the construction, safety, and
				reporting standards set forth in OAR chapter 860, division
				024.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040, ORS
				  757.035, ORS
				  757.039 & ORS
				  757.649
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0470 - Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
Pole and conduit attachments shall comply with the rules set
				forth in OAR chapter 860, division 028.
Stat. Auth.: ORS 183, ORS 756, ORS 757 & ORS 759
Stats. Implemented: ORS
				  756.040, ORS
				  757.270 - ORS
				  757.290, ORS
				  757.600 - ORS
				  757.667 & ORS
				  759.650 - ORS
				  759.675
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0480 - Public Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 electric company that offers direct access to its retail electricity consumers
			 and each electricity service supplier that provides electricity services to
			 direct access consumers in the electric company's service territory will
			 collect a public purpose charge from its retail electricity consumers until
			 January 1, 2026.
(2) Except as
			 provided in section (6) of this rule, electric companies and electricity
			 service suppliers will bill and collect from each of their retail electricity
			 consumers a public purpose charge equal to 3 percent of the total revenues
			 billed to those consumers for electricity services, distribution, ancillary
			 services, metering and billing, transition charges, and other types of costs
			 that were included in electric rates on July 23, 1999.
(3) The electricity service suppliers will
			 remit monthly to each electric company the public purpose charges they collect
			 from the customers of each electric company.
(4) The electricity service suppliers will
			 remit monthly the public purpose charges collected from direct service
			 industrial consumers they serve to the electric company in whose service
			 territory the direct service industrial site is located.
(5) The electric company whose territory
			 abuts the greatest percentage of the site of an aluminum plant that averages
			 more than 100 average megawatts of electricity use per year will collect
			 monthly from the aluminum company a public purpose charge. The aluminum company
			 will remit to the appropriate electric company a public purpose charge equal to
			 1 percent of the total revenue from the sale of electricity services to the
			 aluminum plant from any source. Annually, the aluminum company will submit to
			 the electric company an affidavit from a certified public accountant verifying
			 that the costs for electricity services at the site of the aluminum plant and
			 the remittance of the public purpose charges are accurate for the previous
			 calendar year.
(6) A retail
			 electricity consumer, including an aluminum plant as described in section (5)
			 of this rule, may receive credits against its public purpose charges for
			 qualifying expenditures incurred for new energy conservation and the
			 above-market costs of new renewable energy resources at any site if the
			 following qualifications for becoming a self-directing consumer are met:
(a) The consumer has used more than one
			 average megawatt of electricity at any such site in the prior calendar year;
			 and
(b) The consumer has received
			 final certification from the Oregon Department of Energy for expenditures for
			 new energy conservation and/or new renewable energy resources.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0500 - Code of Conduct Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Code of Conduct rules (OAR 860-038-0500  through
				860-038-0640) govern the interactions and transactions among the electric
				company, its Oregon affiliates, and its competitive operations. The Code of
				Conduct is designed to protect against market abuses and anti-competitive
				practices by electric companies in the Oregon retail electricity
				markets.
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 860-038-0520 - Electric Company Name and Logo

Current through Register Vol. 63, No. 7, July 1, 2024
An electric company may allow its Oregon affiliates and its
				competitive operations the use of its corporate name, trademark, brand, or logo
				in advertisements of specific electricity services to existing or potential
				consumers located within the electric company's service area, as long as the
				Oregon affiliate or its competitive provider includes a disclaimer in its
				communications. The disclaimer must be written in a bold and conspicuous manner
				or be clearly audible, as appropriate for the communication medium. The
				disclaimer must be included in all print, auditory and electronic
				advertisements.
(1) The disclaimer for
			 an Oregon affiliate must state the following: {Name of Oregon affiliate} is not
			 the same company as {name of electric company} and is not regulated by the
			 Public Utility Commission of Oregon. You do not have to buy {name of Oregon
			 affiliate}'s products or services to continue to receive your current
			 electricity service from {name of electric company}.
(2) The disclaimer for a competitive
			 operation must state the following: 'You do not have to buy {product/service
			 name} to continue to receive your current electricity service from {name of
			 electric company}.'
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 860-038-0560 - Treatment of Competitors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 electric company shall treat the competitors of its Oregon affiliates and its
			 competitive operations fairly in all respects and in a manner consistent with
			 the treatment it affords any of its Oregon affiliates or competitive operations
			 in the electric company's:
(a) Provision of
			 supply;
(b) Provision of
			 capacity;
(c) Provision of
			 electricity services;
(d) Provision
			 of information obtained as a result of providing either electric service to its
			 non-direct access customers within its allocated service territory, or
			 transmission and distribution services to direct access customers;
(e) Offering of discounts;
(f) Tariff discretion; and
(g) Processing requests for electricity
			 related services. This section shall not apply to the provision or joint
			 purchasing of corporate services such as accounting, auditing, financial,
			 legal, or information technology services.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0580 - Prevention of Cross-subsidization Between Competitive Operations and Regulated Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Other
			 than information that is routinely made public by an electric company, or for
			 which a tariff has been approved subject to OAR 860-086-0020, an electric
			 company must not provide electric company operational or marketing information
			 to its competitive operations unless it makes such information available to
			 ESSs and other entities that provide electricity services or directly related
			 products on identical terms and conditions.
(2) The electric company must identify and
			 separately account for revenues and costs of its competitive
			 operations.
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 860-038-0590 - Transmission and Distribution Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An electric company may be relieved of
			 some or all of the requirements of this rule by placing its transmission
			 facilities under the control of a regional transmission organization consistent
			 with FERC Order No. 2000 and obtaining Commission approval of an
			 exemption.
(2) An ESS may request
			 transmission service, distribution service or ancillary services under standard
			 Commission tariffs and FERC-approved tariffs. The electric company must
			 coordinate the filings of these tariffs to ensure that all retail and direct
			 access consumers are offered comparable services at comparable
			 prices.
(3) Except as otherwise
			 directed by OAR 860-038-0290, each electric company must provide
			 nondiscriminatory access to transmission, distribution and ancillary services,
			 including transmission into import-limited areas and local generation resources
			 within import-limited areas, to serve all retail consumers. An electric company
			 may not give preference or priority in transmission and distribution pricing,
			 transmission and distribution access, or access to, pricing of, or provision of
			 ancillary services and local generation resources, to itself or its affiliate
			 relative to persons or entities requesting transmission or distribution access
			 to serve direct access consumers. No preference or priority may be given to,
			 nor any different obligation assigned to, any consumer based solely on whether
			 the consumer is purchasing service from an electric company or an ESS.
(a) Any transmission or distribution capacity
			 to which an electric company has entitlements, by ownership or by contract, for
			 the purpose of serving its Oregon load must be made available to an electric
			 company and ESSs that are serving such load on at least a pro rata basis. An
			 electric company must describe in its tariff filings how it proposes to provide
			 substantively comparable transmission and distribution service to all retail
			 consumers at the same or similar rates if:
(A)
			 Access to the electric company's transmission or distribution facilities or
			 entitlements is restricted by contract or by regulatory obligations in other
			 jurisdictions; or
(B) If providing
			 transmission or distribution service on a pro rata basis would result in
			 stranding generating capacity owned or provided through contract by the
			 electric company.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0600 - Joint Marketing and Referral Arrangements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For joint marketing, advertising, and
			 promotional activities an electric company shall not:
(a) Provide or acquire leads on behalf of its
			 Oregon affiliates;
(b) Solicit
			 business or acquire information on behalf of its Oregon affiliates;
(c) Give the appearance of speaking or acting
			 on behalf of its Oregon affiliates except that an electric company, pursuant to
			 a customer request, may provide information about electricity services or
			 directly related products offered by the electric company's Oregon affiliates.
			 Prior to providing the information, the electric company must inform the
			 customer that:
(A) Other providers may exist;
			 and
(B) The customer does not have
			 to purchase these electricity services or directly related products from the
			 electric company's Oregon affiliate in order for the customer to continue to
			 receive the customer's current electricity service from the electric
			 company;
(d) Represent
			 to consumers or potential consumers that it can offer electricity services or
			 directly related products from the electric company's Oregon affiliates bundled
			 or packaged with its tariffed services; or
(e) Request authorization from its consumers
			 to pass on proprietary consumer information exclusively to its Oregon
			 affiliates.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0620 - Access to Books and Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An electric company must provide the Commission with full access to all of the
			 electric company's and affiliates' books and records in order to review all
			 transactions between an electric company and its Oregon affiliates.
(2) An electric company and its affiliates
			 shall maintain separate books and records, and, whenever possible, prepare
			 unconsolidated financial statements.
(3) An electric company and its competitive
			 operations shall maintain sufficient records to allow for an audit of the
			 transactions between an electric company and its competitive operations. At its
			 discretion, the Commission may require an electric company to initiate, at the
			 electric company's expense, an audit of the transactions between an electric
			 company and its competitive operations performed by an independent third
			 party.
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 860-038-0640 - Compliance Filings

Current through Register Vol. 63, No. 7, July 1, 2024
By June 1 of each odd numbered year, an electric company must
				file a verified report prepared by an independent third-party regarding the
				electric company's compliance with OAR 860-038-0500  through 860-038-0620  for
				the prior two calendar years.
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 860-038-0700 - Definitions for New Large Load Direct Access Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise defined in section (2),
			 the definitions set forth in OAR 860-038-0005  are applicable to New Large Load
			 Direct Access Programs.
(2) As used
			 in the New Large Load Direct Access Program rules:
(a) "Average Historic Cost-of-Service Load"
			 means the average monthly Cost-of-Service Eligible Load during the 60 month
			 period beginning five years prior to the date a consumer gives binding notice
			 of participation in the New Large Load Direct Access Program.
(b) "Cost-of-Service Eligible Load" means the
			 load of a consumer that is eligible for a cost-of-service rate.
(c) "Incremental Demand Side Management"
			 means the effective net impact of energy efficiency measures and demand
			 response implemented at a facility after a consumer gives binding notice of
			 participation in the New Large Load Direct Access Program.
(d) "New Large Load Direct Access Program"
			 means a direct access program offering by an electric utility that meets the
			 requirements set forth in OAR 860-038-0700  through 860-038-0760.
(e) "New Large Load Direct Access Service
			 Transition Rate" means a rate that is applied to load served under the New
			 Large Load Direct Access Program.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0710 - Requirement to Enable a New Large Load Direct Access Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An electric
			 company that enables direct access service must enable a New Large Load Direct
			 Access Program for New Large Load consumers, subject to the requirements set
			 forth in rules governing New Large Load Direct Access Programs. The New Large
			 Load must be separately metered or be measured based on a determination that
			 has comparable accuracy and is mutually agreeable between the electric company
			 and the consumer.
(2) For purposes
			 of these rules, "New Large Load" means any load associated with a new facility,
			 an existing facility, or an expansion of an existing facility, which:
(a) Has never been contracted for or
			 committed to in writing by a cost-of-service consumer with an electric company;
			 and
(b) Is expected to result in a
			 10 average megawatt or more increase in the consumer's power requirements
			 during the first three years after new operations begin.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0720 - Nonresidential Standard Offer, Default Supply, and Return to Cost of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) New Large Load
			 Direct Access Program participants are subject to the requirements set forth in
			 OAR 860-038-0250  and OAR 860-038-0280, except as set forth in section (3) of
			 this rule.
(2) A New Large Load
			 Direct Access Program participant may return to cost-of-service rates under the
			 same rates and terms of service as the electric company's current
			 cost-of-service opt-out offers for direct access service consumers, except as
			 set forth in section (3).
(3) To
			 mitigate the rate impact to existing cost-of service customers, an electric
			 company must request Commission approval of a forward-looking rate adder
			 applicable to New Large Load Direct Access Program participants returning to
			 cost-of-service rates or rates under OAR 860-038-0250  and 860-038-0280  when the
			 electric company forecasts that:
(a) The
			 return to rates under OAR 860-038-0250  and 860-038-0280  for an individual or
			 group of New Large Load Direct Access Program participants will result in a
			 significant increase to existing cost-of-service rate; or
(b) The return to a cost-of-service rate for
			 an individual or group of New Large Load Direct Access Program participants
			 will result in a significant increase to existing cost of service
			 rate.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0730 - New Large Load Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A New Large Load Direct Access Program is
			 only available for consumers contracting for energy resources that do not
			 include any allocation of coal-fired resources as defined in ORS
			 757.518(1)(b)(B) after January 1, 2030. For the purposes of this rule,
			 "coal-fired resource" does not include a facility generating electricity that
			 is included as part of a limited duration wholesale power purchase made by an
			 Energy Service Supplier for immediate delivery to retail electricity consumers
			 that are located in this state for which the source of the power is not known.
(2) Prior to taking service under
			 the program, New Large Load Direct Access participants must sign and provide to
			 the electric company an affidavit representing that the participant's energy
			 supply will not include any allocation of coal-fired resources consistent with
			 the requirements of section (1).
(a) Prior to
			 providing service, the electric company must provide a copy of the affidavit
			 provided by a New Large Load Direct Access participant to the Commission.
(b) New Large Load Direct Access
			 participants that are found in violation of the provisions of section (2) of
			 this rule will be enrolled in the general cost-of-service opt out program in
			 the next direct access enrollment window.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0740 - New Large Load Program Enrollment and Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each New Large Load consumer must notify
			 the electric company of its intent to enroll in the New Large Load Direct
			 Access Program and opt out of cost-of-service rates at the earlier of either:
(a) A binding written agreement with the
			 utility for eligible new load, or
(b) One year prior to the expected starting
			 date of the incremental load.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0750 - De-Enrollment Due to Failure to Meet Load Standard

Current through Register Vol. 63, No. 7, July 1, 2024
If the actual load of a facility served under the New Large
				Load Direct Access Program fails to meet the requirements outlined in OAR
				860-038-0730(3)  and the electric company elects to de-enroll the participant,
				the electric company must provide written notification to the New Large Load
				participant and the Commission of its proposal to move the participant to the
				appropriate cost-of-service rate schedule.
(1) Within 60 days of notification, the
			 participant may provide a written response to the electric company and the
			 Commission to demonstrate that its reduction in load to less than 10 average
			 megawatts was the result of equipment failure, energy efficiency, load
			 curtailment or load control, or other causes outside the control of the New
			 Large Load Direct Access Program participant.
(2) The electric company may not transition a
			 participant to a new rate structure under this provision before 90 days has
			 passed since the notice from the electric company.
Statutory/Other Authority: ORS Ch. 183, 756, 757
Statutes/Other Implemented: ORS
				  756.040,
				  757.600  through
				  757.667
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 38 - DIRECT ACCESS REGULATION › Section 860-038-0760 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
Each electric company must file a status report to the
				Commission within two months of total enrollment in New Large Load Direct
				Access Programs reaching 25 average megawatts, 50 average megawatts, 100
				average megawatts, and 80 percent of any enrollment limit adopted by the
				Commission.
Statutory/Other Authority: ORS Ch. 183, 756, 757
Statutes/Other Implemented: ORS
				  756.040,
				  757.600  through
				  757.667
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 39 - NET METERING RULES › Section 860-039-0005 - Scope and Applicability of Net Metering Facility Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 860-039-0010  through 860-039-0080  (the "net metering rules") establish rules
			 governing net metering facilities interconnecting to a public utility as
			 required under ORS 757.300. Net metering is
			 available to a customer-generator only as provided in these rules. These rules
			 do not apply to a public utility that meets the requirements of ORS
			 757.300(9).
(2) Upon request or its own motion, the
			 Commission may waive any of the division 039 rules for good cause shown. A
			 request for waiver must be made in writing, unless otherwise allowed by the
			 Commission.
(a) A public utility and net
			 metering applicant may mutually agree to reasonable extensions to the required
			 times for notices and submissions of information set forth in these rules for
			 the purpose of allowing efficient and complete review of a net metering
			 application.
(b) If a public
			 utility unilaterally seeks waiver of the timelines set forth in these rules,
			 the Commission must consider the number of pending applications for
			 interconnection review and the type of applications, including review level and
			 facility size.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 39 - NET METERING RULES › Section 860-039-0010 - Net Metering Kilowatt Limit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For residential customer-generators of a
			 public utility, these rules apply to net metering facilities that have a
			 generating capacity of 25 kilowatts or less.
(2) For non-residential customer-generators
			 of a public utility, these rules apply to net metering facilities that have a
			 generating capacity of two megawatts or less.
(3) Nothing in these rules is intended to
			 limit the number of net metering facilities per customer-generator so long as
			 the net metering facilities in aggregate on the customer-generator's contiguous
			 property do not exceed the applicable kilowatt or megawatt limit.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
				  756.040,
				  757.300