reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1660 - Customer Requested Pressure Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A customer may request the water utility
			 to perform a water pressure test. The first test in a 12-month period is free
			 of charge and must be completed within seven calendar days. If the customer
			 requests an additional pressure test within the 12-month period at the same
			 premises, the water utility may assess the customer a reasonable charge, unless
			 the pressure is not adequate.
(2) A
			 customer or a designated representative has the right to be present at the
			 pressure test. The test must be conducted at a mutually acceptable
			 time.
(3) The pressure must be
			 measured at a point adjacent to the meter on the customer service line or other
			 reasonable point most likely to reflect the actual service pressure.
(4) The water utility must provide a written
			 report to the customer within seven calendar days of the pressure test. The
			 report must include:
(a) The information
			 required by OAR 860-036-1100(2);
(b) The customer's name and service address
			 where the pressure was tested;
(c)
			 The date the pressure test was requested and the date the pressure test was
			 performed;
(d) The name of the
			 company or employee performing the test;
(e) The place where the pressure was
			 measured;
(f) The actual pressure
			 reading; and
(g) The conclusion
			 based on the test result.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1670 - Water Use Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 times of water shortages, a water utility may restrict water usage after
			 providing written notice to its customers and the Consumer Services Section. In
			 addition, the notice must be posted in the water utility's office and on its
			 website, if available. The notification must state the reason and nature of the
			 restrictions, the date restrictions will become effective, the estimated date
			 the restrictions end, and that failure to comply with the restrictions is
			 grounds for disconnection.
(2) The
			 Commission may investigate the water utility's water restriction plan and
			 change it as the Commission deems necessary.
(3) During times of water shortage, the water
			 utility must equitably apportion its available water supply among its customers
			 with regard to public health and safety.
(4) If a customer fails to comply with the
			 water restrictions after receiving written notification, the water utility must
			 provide a separate written warning letter to the customer including:
(a) The date;
(b) The information required by OAR
			 860-036-1100(2);
(c) The customer's
			 name, account number, mailing address, service address if different;
(d) The water use restrictions and statement
			 of how the customer is violating those restrictions;
(e) A statement that the customer's water
			 service is subject to disconnection on or after a specific date;
(f) A warning to the customer that failure to
			 immediately comply with the restrictions may result in disconnection of
			 service; and
(g) A statement that
			 the customer may dispute disconnection by contacting the Consumer Services
			 Section. The notice must include the Consumer Services Section's contact
			 information provided in OAR 860-001-0020(2);
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1680 - Cross Connection Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All customers must comply with the water utility's Cross Connection Control
			 Program to protect the water system from contamination. A customer's failure to
			 comply is grounds for disconnection under OAR 860-036-1500.
(2) The water utility's cross connection
			 protection rules will be included, as necessary, in the water utility's tariffs
			 or statement of rates.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.020
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1690 - Maps and Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A water
			 utility must prepare current maps and records of the entire plant showing size,
			 location, character, and date of installation of major plant items, including
			 but not limited to pumps, reservoirs, main lines, distribution lines, and
			 valves. The water utility must retain the maps and records consistent with the
			 Commission's Guide for the Preservation of Records for Public Water Utilities
			 available at
http://www.puc.state.or.us/Pages/General-Information-for-Water-Utilties.aspx
.
(2) Upon Commission request, a water utility
			 must file the water system maps in a format satisfactory to the
			 Commission.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.020
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1700 - Appointment of Regent to Operate and Manage a Water System

Current through Register Vol. 63, No. 7, July 1, 2024
If the Commission determines that a water utility's ownership
				or management results in inadequate service, threatens the health or safety of
				the customers, or threatens the financial viability of the water utility, then
				the Commission may appoint a regent to operate and manage the water utility.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.020
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1710 - Expenditure of Charges Collected Under ORS 756.310 to Make Emergency Repairs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission may use up to $5,000 per biennium of the charges collected under ORS
			 756.310 to make emergency
			 repairs for water utilities. The Commission may expend monies under the
			 provisions of this rule if the Commission determines that repairs to the water
			 system are necessary for the health and safety of the customers or the water
			 utility.
(2) The Commission will
			 seek recovery of charges used under this rule from the water utility providing
			 service. Interest will not accrue on the outstanding balance.
(3) The Commission may also recover penalties
			 as provided in ORS 756.350 from the time the
			 charges are expended.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.068,
				  757.310
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1720 - Commission-Assessed Civil Penalties for Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to any other penalty provided
			 by law, the Commission may impose a civil penalty not to exceed $500 per day
			 for each violation of Commission statute, rule, or order as provided in ORS
			 757.994.
(2) The Commission must give notice of
			 proposed civil penalty by registered or certified mail to the water utility.
			 The notice must provide:
(a) A concise
			 statement of the alleged violations, including cites to applicable statutes,
			 rules, or orders;
(b) The amount of
			 proposed civil penalty; and
(c)
			 Notice that the water utility may request a hearing to challenge the proposed
			 penalty. The request for hearing must be in writing and be received by the
			 Commission within 20 calendar days of the date the notice was served. The
			 request must comply with the requirements set forth in OAR 860-001-0140  and
			 860-001-0170.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1800 - Service Territory Allocation Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of service territory allocation OAR 860-036-1800 through 860 036-1850:
(1) "Allocated
			 territory" means an approved area with boundaries set out by Commission order
			 granting an exclusive service territory.
(2) "Community water supply system" has the
			 meaning provided by ORS
			 758.300.
(3) "Water utility" has the meaning provided
			 in ORS 758.300.
Stat. Auth.: ORS 183, 756, 757, 758
Stats. Implemented: ORS
				  758.300-758.320
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1810 - Allocation of Service Territory

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any water utility may apply for an order designating the territory it serves
			 adequately and exclusively as its exclusive service territory. The application
			 must include:
(a) The information required by
			 OAR 860-036-1100(2);
(b) The water
			 utility's business organization, i.e., corporation, partnership, limited
			 partnership, sole proprietorship, association, etc.;
(c) The name and address of each corporate
			 officer, director, partner, and all other persons owning an interest in the
			 water utility;
(d) A statement
			 showing the financial and technical ability of the water utility to provide
			 service to the territory;
(e) A
			 detailed map of the water utility's existing lines and facilities;
(f) A detailed map of the water utility's
			 current service territory. The water utility must identify the source of the
			 map, which may include a GIS map, city or county map, tax lot map, or plat
			 map;
(g) A written description of
			 the water utility's current service territory. The description may be a legal
			 description or may reference township, range, and section; interstates, state
			 roads, and local streets; rivers, streams, and major bodies of water; and
			 recorded plats or lots, tracts, or other recorded instruments identifying
			 permanent fixtures references;
(h)
			 Evidence that the water utility owns the land upon which the water utility
			 facilities are located, or a copy of an agreement that provides for the
			 continued use of the land, such as an easement or lease;
(i) A schedule showing the number of
			 customers currently served by class and meter size. If the service area is not
			 built out, indicate the number of proposed customers expected to be served when
			 the current service territory is fully occupied;
(j) The name and address of the nearest
			 municipalities, the county, any known planning councils or governmental
			 authorities having concern with the application, and all known water utilities
			 and community water supply systems in the general area of the service territory
			 the water utility is seeking; and
(k) A copy of the customer notice of
			 application required under section (2) of this rule and a complete customer
			 mailing list.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1820 - Filing an Application to Expand Exclusive Service Territory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A water utility
			 may apply to expand its designated service territory to serve an area not
			 currently being provided water service by filing an application under ORS
			 758.302(2). The
			 application must include:
(a) The information
			 required in OAR 860-036-1810(1)(a) through (k):
(b) A statement describing the need and
			 reasons for water service in the proposed expanded service territory;
(c) The approximate date the water utility
			 plans to begin providing service to the proposed expanded service
			 territory;
(d) The proposed rates
			 and charges to customers in the expanded service territory. Include customer
			 growth projections that support the proposed water service rates and
			 charges;
(e) A study showing the
			 projected cost to provide service to the proposed expanded service territory.
			 Identify the amount per each operating expense account at full build
			 out;
(f) A schedule showing the
			 projected capital structure including the methods of financing the construction
			 and operation of the utility until it reaches 100 percent of the design
			 capacity of the system;
(g)
			 Evidence of existing or proposed capacities of the system and facilities to
			 adequately serve the proposed expanded territory. Provide estimated average
			 daily customer demand, customer peak demand, and daily pumping capacity per
			 water source in gallons or cubic feet. If development will be in phases,
			 separate this information by phase;
(h) A written description of the type of
			 water treatment necessary, if required;
(i) A schedule showing the projected cost of
			 the capital improvements necessary to serve the proposed service territory by
			 plant accounts and the expected date the plant is projected to go into service.
			 If the system is to be built in phases, show information for each phase
			 individually;
(j) A list of all
			 entities, including affiliates, upon which the applicant is relying to provide
			 funding to the water utility for capital improvement, and an explanation of the
			 manner and amount of such funding, including their financial statements and a
			 copy of all contracts or agreements with the utility. This requirement will not
			 apply to any person or entity holding less than 10 percent ownership interest
			 in the utility;
(k) Financial
			 statements demonstrating applicant's financial capability;
(l) A statement showing applicant's technical
			 ability or capacity to procure technical skill necessary to provide service;
			 and
(m) A statement describing any
			 impact the expansion of service territory may have on existing customers.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1830 - Reduction of Approved Service Territory Boundaries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A water utility may apply to decrease its
			 designated service territory. The application must demonstrate that the water
			 utility is not providing adequate service to its customers or does not have the
			 capacity to serve the designated exclusive service territory.
(2) Within 15 calendar days of the filing
			 date of the application, a water utility must provide written notice to each
			 customer that contains the information required by OAR 860-036-1810(2)  as
			 modified to reflect the request to decrease service territory.
Stat. Auth.: ORS 183, 756, 757, 758
Stats. Implemented: ORS
				  758.300 -
				  758.320
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1840 - Transfer of Approved Service Territory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rights acquired by an approved
			 service territory may be transferred only with the approval of the Commission.
			 The application must include:
(a) The
			 application requirements as provided in OAR 860-036-1810;
(b) Evidence demonstrating that the transfer
			 of the service territory is in the public interest.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1850 - Exclusive Obligation to Serve

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A water utility has an obligation to serve all applicants for service within
			 its designated territory and may only refuse service as provided in OAR
			 860-036-1270.
(2) A water utility
			 or community water supply system may not provide water utility service within
			 an approved exclusive service territory of another water utility without the
			 express approval of the Commission.
Stat. Auth.: ORS 183, 756, 757, 758
Stats. Implemented: ORS
				  758.300 -
				  758.320
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1900 - Regulation of Water Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in section (2) and (3) of this rule, a water utility serving
			 less than 500 customers is not subject to Commission regulation and need not
			 pay an annual revenue fee.
(2) A
			 water utility serving less than 500 customers is subject to service regulation
			 if:
(a) The Commission determines that the
			 water utility has provided discriminatory service; or
(b) The water utility charges an average
			 annual residential rate that exceeds $24 per month.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1910 - Threshold Levels for Rate Regulation of Water Utilities Serving less than 500 Customers

Current through Register Vol. 63, No. 7, July 1, 2024
A water utility serving less than 500 customers must notify its
				customers of the right to petition for rate regulation if it proposes to charge
				residential or commercial customers more than the following amounts in order to
				obtain water service:
(1) For
			 unmetered customers with a pipe diameter of less than one inch, an annual
			 average monthly charge of $54 per customer;
(2) For metered customers with a meter
			 diameter of less than one inch, an annual average monthly charge of $57 per
			 customer;
(3) For unmetered
			 customers with a pipe diameter of one inch or larger, an annual average monthly
			 charge of $152 per customer; and
(4) For metered customers with a meter
			 diameter of one inch or larger, an annual average monthly charge of $163 per
			 customer.
Statutory/Other Authority: ORS 183, ORS 756 & ORS
				  757
Statutes/Other Implemented: ORS
				  757.061
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1920 - Notice Requirements and Customers Right to Petition for Rate Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 water utility that serves less than 500 customers and is not rate regulated
			 seeks to increase its rates to a level that exceeds a threshold established in
			 OAR 860-036-1910, the water utility must:
(a)
			 Provide a separate written notice to all customers of the proposed increase
			 that complies with the notice requirements under section (2) of this
			 rule;
(b) Post the notice in its
			 office and website, if available; and
(c) On the same day that notice is provided
			 to the customers, mail or deliver a copy of the customer notice to the Consumer
			 Services Section and attach a current customer list that includes the customer
			 name, account number, mailing address, and service addresses if
			 different.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1930 - Petition for Rate Regulation of Association by Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "association"
			 means an association of individual members that owns, operates, provides,
			 manages, or controls a water system that provides water service to only its
			 members.
(2) Current members of any
			 association providing water service exclusively to its membership may petition
			 the Commission at any time requesting the association be rate regulated.
(a) Petition forms are available on the
			 Commission's website at
www.oregon.gov/puc
. Petition forms must be
			 complete and signed by the customer;
(b) Original petitions must be mailed to the
			 Consumer Services Section, PO Box 1088, Salem, Oregon 97308-1088 or personally
			 delivered to 201 High Street SE, Suite 100, Salem, Oregon, 97301.
(c) Copies of petitions or petitions without
			 an original signature will not be accepted. Petitions may not be filed
			 electronically; and filed petitions may not be withdrawn or
			 rescinded.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1940 - Water Utility Requesting Rate Regulation and Notice Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A water utility
			 serving fewer than 500 customers may request to be rate regulated by the
			 Commission. The water utility must electronically file a letter of application
			 specifically stating that it is requesting rate regulation and the reasons for
			 the request.
(2) The same day it
			 files the application, the water utility must provide a separate written notice
			 to its customers and the Consumer Services Section. The notice must be posted
			 in the utility's office and on its website, if available. The notice must
			 provide:
(a) The date;
(b) The information required by OAR
			 860-036-1100(2);
(c) A statement
			 that the water utility is seeking to be rate regulated by the Public Utility
			 Commission of Oregon;
(d) The
			 reasons the water utility is seeking rate regulation; and
(e) A statement that customers with questions
			 regarding the filing may contact the Consumer Services Section at the contact
			 information provided in OAR 860-001-0020(2).
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1950 - Removal of Rate Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 a rate-regulated water utility is reorganized through the sale, merger, or
			 transfer of the water system or the transfer of all the water utility's
			 customers to a non-jurisdictional entity, the rate-regulated water utility no
			 longer meets the definition of a public utility under ORS
			 757.005. Non-jurisdictional
			 entities include municipal entities, quasi-municipal entities, or a non-rate
			 regulated association that serves only its members.
(2) If the regulated water utility is
			 reorganized into an association, association members retain their right to
			 petition the Commission for rate regulation at any time under ORS
			 757.063 and OAR
			 860-036-1930.
(3) A private buyer
			 of a rate-regulated water utility serving fewer than 500 customers may petition
			 the Commission to have rate regulation, but not service regulation, removed
			 upon the close of the buyer's purchase of the water utility if:
(a) The rate-regulated water utility is
			 currently operating under a Commission-appointed regent; or
(b) A court has ordered the sale of the
			 rate-regulated water system as part of the resolution of a complaint filed in
			 court by the Oregon Health Authority Drinking Water Section.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2000 - Tariff Filings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 rate-regulated water utilities must file all proposed rate schedules, charges,
			 special contracts, and the water utility's rules and regulations relating to
			 the provision of water service.
(2)
			 A filing may request approval of individual revised tariffs, supplemental
			 tariffs, special contract tariffs, or a general rate revision.
(3) The filing must be attached to an
			 electronic mail message and electronically filed with the Commission's Filing
			 Center at puc.filingcenter@state.or.us.
(4) The water utility must keep a copy of the
			 filing at its main office where customers can request a copy.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.205
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2010 - Tariff Content and Advice Letter

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tariffs must be written using
			 Commission-provided tariff forms and must be accompanied by an Advice Letter.
			 Forms required under this rule are available at the Commission's water web page
			 at
http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx
.
(a) The initial complete schedule of tariffs
			 is designated as PUC Oregon No. 1 in the upper left hand corner. Each
			 successive complete replacement of the tariff schedules thereafter is
			 designated with the next number in consecutive numerical order, i.e., PUC
			 Oregon No. 2, etc.;
(b) Each tariff
			 sheet must state the effective date on the bottom of the sheet. The effective
			 date must be at least 30 days from the date the water utility electronically
			 files the proposed tariffs, unless the water utility requests the changes go
			 into effect with less than the required 30 day notice. To make this request,
			 the tariff must be accompanied by a Less Than Statutory Notice (LSN) form;
			 and
(c) Any supplemental
			 information, not otherwise provided within the tariff sheet, must be designated
			 by the previous sheet number plus a letter, for example, Original Sheet No. 3A,
			 Original Sheet No. 3B, etc.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2020 - Filing a General Rate Revision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A general rate revision is a filing by a
			 water utility that affects all or most of the water utility's rate schedules,
			 but does not include changes in automatic adjustment clauses under ORS
			 757.201(1) or similar changes in one rate schedule, such as for an
			 amortization, that affect other rate schedules.
(2) To file a general rate revision, a
			 rate-regulated water utility must submit a rate case application, including
			 tariffs, and an Advice Letter, as required by OAR 860-036-2010.
(3) On the same day notice is provided to its
			 customers, the water utility must mail or deliver a copy of the notice to the
			 Consumer Services Section at the address provided in OAR
			 860-001-0020(2).
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.205
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2030 - Customer Notice Requirements for a General Rate Revision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 electronically filing a general rate revision, the water utility must provide a
			 separate written notice of the filing to all customers within 15 calendar days
			 of the date the general rate revision was filed. In addition, the notice must
			 be posted in the water utility's office and on its website, if available, and
			 provided to the Consumer Services Section.
(2) The notice to the customers must be
			 provided as either a separate written notice inserted in the water utility's
			 regular billing or a written notice delivered to each customer.
(3) The customer notice must include:
(a) The information required by OAR
			 860-036-1100(2);
(b) The following
			 statement: "This notice is to inform customers that (insert name of water
			 utility) filed a general rate revision with the Public Utility Commission. This
			 notice provides general information regarding the utility's proposed changes
			 and the effect it will have on customers' bills if approved by the Commission.
			 Customers may request to receive notice of the time and place of any hearing on
			 the matter by contacting the Public Utility Commission of Oregon,
			 Administrative Hearings Division, at 503-378-6678. The calculations and
			 statements contained in the water utility's filing and this notice are not
			 binding on the Commission."
(c) The
			 amount of the change in annual revenue the water utility is seeking;
(d) The total amount of annual revenue the
			 water utility is requesting;
(e) A
			 comparison of the current and the proposed average monthly bills for each
			 customer class expressed in dollars;
(f) The reasons the water utility is
			 requesting the proposed change;
(g)
			 A statement that copies of the water utility's application, testimony, and
			 exhibits are available at the water utility's main office; and
(h) The contact information of the water
			 utility's representative that customers may contact to receive additional
			 information or a copy of the filing. Contact information includes name,
			 address, telephone number, and email address if available.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2100 - Form and Filing of Financial Transaction Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All applications submitted to the
			 Commission must be filed electronically with the Commission's Filing Center. To
			 file an application, attach the application and all required documents to an
			 electronic mail message addressed to the Commission's Filing Center at
			 puc.filingcenter@state.or.us. Procedural rules regarding filing and service of
			 documents are found in OAR Chapter 860, Division 001.
(2) Applications must be filled out
			 completely.
(3) Any required
			 financial statements must include the most current data available. The Income
			 Statement must be for the most recent 12-month period.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  756.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2110 - Application to Terminate, Abandon, or Dispose of a Water System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All water
			 utilities must obtain Commission approval to terminate, abandon, or dispose of
			 a water system. The water utility must file an application using the form
			 available at
http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx
.
(2) Within seven calendar days from the date
			 the application, the water utility must provide customers and the Consumer
			 Services Section with a separate, written notice. In addition, the notice must
			 be posted in the utility's office and on its website, if available. The notice
			 must:
(a) Include the information required by
			 OAR 860-036-1100(2);
(b) State what
			 action the water utility is requesting in bold letters at the top of the
			 notice;
(c) State the reason for
			 the termination, abandonment, or disposal;
(d) State the proposed effective
			 date;
(e) Describe the customers'
			 alternative water service options and average estimated customer cost for each
			 option; and
(f) Provide the
			 Consumer Services Section's contact information provided in OAR
			 860-001-0020(2).
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2120 - Application to Dispose of or Acquire Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water utilities must obtain Commission
			 approval to sell, lease, assign, or otherwise dispose of the whole of the
			 property of such necessary or useful in performance of its duties, or any part
			 thereof with a value in excess of $10,000.
(2) Rate-regulated water utilities must
			 obtain Commission approval to directly or indirectly purchase or acquire of any
			 stocks, bonds, or utility property of any other public utility valued in excess
			 of $10,000.
(3) A water utility or
			 the other party to these transactions must request authorization using the
			 application form available at
http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx
.
(4) No less than 60 calendar days prior to
			 the closing date of the transaction, the water utility must provide a separate
			 written notice to customers with a copy to the Consumer Services Section. In
			 addition, the notice must be posted in the utility's office and on its website,
			 if available. The notice must include:
(a)
			 The information required by OAR 860-036-1100(2);
(b) The purpose of notice;
(c) The proposed closing date of the
			 transaction;
(d) The proposed
			 effective date of sale (minimum of 60-calendar days);
(e) The name, address, and telephone number
			 of the potential buyer;
(f) The
			 reasons for sale;
(g) How the sale
			 will affect customers; and
(h) The
			 statement, "The property transaction being proposed by the water utility is
			 under review by the Public Utility Commission of Oregon. For more information
			 about the filing or to follow the regulatory process of the Commission's review
			 check the Commission's website at
www.puc.state.or.us
or contact the Consumer
			 Services Section at 503-378-6600; 1-800-522-2404; or TTY
			 711."
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2130 - Acquisition Adjustment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 seeking to acquire all or part of a water utility, the applicant may request
			 that some or all of the difference between the net book value and the purchase
			 price be included in the purchasing utility's rate base.
(2) The Commission will consider the merits
			 of the utility's application 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,
				  757.105,
				  757.120,
				  757.125,
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2140 - Filing for Approval of a Special Contract

Current through Register Vol. 63, No. 7, July 1, 2024
A rate-regulated water utility may file a special contract
				tariff to establish a rate, service, or practice that is not covered by or
				permitted in the water utility's general tariffs, schedules, or rules. A
				special contract tariff must include:
(1) The date;
(2) The information required by OAR
			 860-036-1100(2);
(3) A copy of the
			 special contract;
(4) A statement
			 summarizing the basis of the terms of the contract and an explanation of the
			 deviation from the tariffs on file;
(5) An explanation of all cost computations
			 involved;
(6) A statement
			 indicating the basis for use of a special contract rather than a filed tariff
			 for the specific service involved; and
(7) Documentation necessary to show that the
			 terms are fair, just, and reasonable to the remaining customers.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.020
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2150 - Application for Authority to Issue Stocks, Bonds, Notes, or Other Securities

Current through Register Vol. 63, No. 7, July 1, 2024
An application by a rate-regulated water utility to issue
				securities under ORS 757.405 to
				757.435 inclusive, 757.445, and
				757.450, must comply with rules set forth in OAR 860-027-0030  governing energy
				and telecommunication utilities.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.405 - 757.450,
				  757.495
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2160 - Application for Authority to Guarantee Indebtedness

Current through Register Vol. 63, No. 7, July 1, 2024
An application by a rate-regulated water utility to assume any
				obligation or liability as guarantor, endorser, surety or otherwise must comply
				with rules set forth in OAR 860 027-0035 governing energy and telecommunication
				utilities.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.440
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2170 - Use of Deferred Accounting

Current through Register Vol. 63, No. 7, July 1, 2024
An application by a rate-regulated water utility to defer
				amounts under ORS 757.259 must comply with rules
				set forth in OAR 860-027-0300  governing energy and telecommunication
				utilities.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.259
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2210 - Applications to Receive or Provide Goods or Services with an Affiliated Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 rate-regulated water utility must seek Commission approval to contract to
			 provide or receive services, directly or indirectly, with an affiliated
			 interest using the form available at:
http://www.puc.state.or.us/Pages/water/forms_notices/applications.aspx
.
(2) An application must be filed no later
			 than 90-calendar days after the execution of the contract giving rise to the
			 application. 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.
(3) A water utility's failure to submit this
			 required information does not limit the Commission's authority to recognize or
			 impute revenues to the water utility pursuant to such contract in any rate
			 valuation, hearing, or proceeding.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.015,
				  757.495
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2220 - Application for Waiver of Requirements under OAR 860-036-2210

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission will not waive the requirements of OAR
				860-036-2210  for any rate-regulated water utility transactions exceeding 0.1
				percent of the previous calendar year's Oregon utility operating revenues
				unless the transaction can be demonstrated in advance to be fair and reasonable
				and not contrary to the public interest.
Stat. Auth.: ORS 183, 756
Stats. Implemented: ORS
				  756.040,
				  757.015,
				  757.495
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2230 - Allocation of Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, regulated and nonregulated activities of a water utility
			 must be accounted for using the Uniform System of Accounts for Water Utilities
			 published by the National Association of Regulatory Utility Commissioners as
			 modified by the Commission.
(2)
			 When a water utility is conducting an affiliate interest transaction, as
			 defined in this rule, the water utility must use the following cost allocation
			 methods:
(a) When an asset is transferred to
			 a water utility from an affiliate, the transfer must be recorded in the water
			 utility's accounts at the lower of net book value or fair market value;
(b) When an asset is transferred
			 from a water utility to an affiliate, the transfer must be recorded in the
			 water utility's accounts at the tariff rate if an appropriate tariff is on file
			 with the Commission. If no tariff is applicable, proceeds from the transfer
			 must be recorded in the water utility's accounts at the higher of net book
			 value or fair market value;
(c)
			 When an asset is transferred from a water utility to an affiliate at a fair
			 market value that is greater than net book value, the difference is considered
			 a gain to the water utility. The water utility must record the gain so the
			 Commission can determine the proper disposition of the gain in a subsequent
			 rate proceeding;
(d) When services
			 or supplies are sold by a water utility to an affiliate, sales must be recorded
			 in the water utility's accounts at rates per the tariff, if an applicable
			 tariff is on file with the Commission. Rates per the tariff must be established
			 whenever possible. If services or supplies are not sold per a tariff, sales
			 must be recorded in the water utility's accounts at the water utility's cost or
			 the market rate, whichever is higher;
(e) When services or supplies are sold to a
			 water utility by an affiliate, sales must be recorded in the water utility's
			 accounts at the affiliate's cost or the market rate, whichever is lower. The
			 affiliate's cost must be calculated using the water utility's most recently
			 authorized rate of return; and
(f)
			 Income taxes must be calculated for the water utility on a standalone basis for
			 both ratemaking purposes and regulatory reporting. When income taxes are
			 determined on a consolidated basis, the water utility must record income tax
			 expense as if it were determined for the water utility separately for all time
			 periods.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2300 - Relating to City Charges, Taxes, and Other Exactions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A rate-regulated water utility may
			 recover the aggregate amount of all business or occupation taxes, licenses,
			 franchise or operating permit charges, or other similar exactions imposed by
			 any city in Oregon for engaging in business or for use and occupancy of city
			 streets and public ways.
(2) The
			 water utility may recover these amounts up to 3.5 percent of the water
			 utility's gross revenue as operating expenses from all water utility customers.
			 The utility may collect any remaining amounts in excess of 3.5 percent of its
			 gross revenues on a pro rata basis to customers within the applicable city if
			 separately stated on the regular billings to the customers. "Gross revenues"
			 means revenues received from water utility operations within the city less
			 related net uncollectibles, but do not include proceeds from the sale of bonds,
			 mortgage or other evidence of indebtedness, securities or stocks, sales at
			 wholesale by one utility to another when the water utility purchasing the
			 service is not the ultimate customer.
(3) To calculate the amounts to be recovered
			 under this rule, the water utility may not include:
(a) Permit or similar charges for street
			 opening, installations, construction, and the like if the charges are
			 reasonably related to the city's costs for inspection, supervision, and
			 regulation in exercising its police powers; or
(b) The value of any water utility service or
			 use of facilities provided on or before November 6, 1967, to a city without
			 charge. These services may be continued within the same category or type of
			 use.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2310 - Relating to Local Government Charges, Taxes, and Other Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 rate-regulated water utility must collect from customers located within a
			 county or portion thereof, the following amounts imposed by a county in Oregon,
			 other than a city-county:
(a) Any license,
			 franchise, or operating permit fee applicable to the county or portion thereof;
			 and
(b) Any new or increased taxes
			 imposed on and after December 16, 1971, including new or increased taxes
			 imposed retroactively after that date, applicable to the county or portion
			 thereof.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2350 - Annual Report of Results of Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By May 1 of each year, all rate-regulated
			 water utilities must submit a financial Annual Report of Results of Operations
			 for the preceding calendar year using the current form approved by the
			 Commission. The annual report form is available at
http://www.puc.state.or.us/Pages/Information-for-Water-Utility-Companies.aspx
.
(2) The report must be filed electronically
			 with the Commission's Filing Center at puc.filingcenter@state.or.us.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  756.105,
				  757.120,
				  757.125,
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2360 - Annual Affiliated Interest Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By June 1 of each year, all
			 rate-regulated water utilities having an affiliated interest transaction
			 occurring during the period from January 1 through December 31 of the
			 immediately preceding year must file an Affiliated Interest Report using the
			 form available at
http://www.puc.state.or.us/Pages/Information-for-Water-Utility-Companies.aspx
.
(2) As used in this rule, "affiliated
			 interest transactions" means transactions between affiliated interests as
			 defined by ORS 757.015.
(3) The report must be filed electronically
			 with the Commission's Filing Center at puc.filingcenter@state.or.us.
Stat. Auth.: ORS Ch. 183, 756, 757
Stats. Implemented: ORS
				  756.105
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2370 - Uniform System of Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
All rate-regulated water utilities must conform to the
				Commission's Uniform System of Accounts for water utilities for ratemaking
				purposes. The Commission's Uniform System of Accounts is a modified version of
				the National Association of Regulatory Utility Commissioners' published Uniform
				System of Accounts for Class A, B, and C Water Utilities,
				1996.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.105,
				  757.120,
				  757.125,
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2380 - Accounting for Contributions in Aid of Construction (CIAC)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to rate-regulated water utilities.
(2) CIAC is any money, services or property
			 received by a water utility to fund capital investments at no cost to the
			 company and with no obligation to repay.
(3) Each water utility must provide an
			 accounting of CIAC upon Commission request. CIAC accounting must include
			 contributions in any form including contributed utility plant. CIAC record
			 keeping must identify the contributed plant, original date of installation, and
			 original cost.
(4) Each water
			 utility must keep a record as described in section (3) of this rule and record
			 CIAC on a separate plant and depreciation schedule.
(5) The water utility will record plant
			 assets at market value and an amount of CIAC equal to that value which will be
			 an increase in equity of the utility. The net effect of these balance sheet
			 accounts will be zero, and both sides must be considered in the ratemaking
			 process.
(6) CIAC related assets
			 will be depreciated in the same method as purchased assets, and an amount equal
			 to the depreciation expense will be taken as amortization of CIAC. Both the
			 depreciation expense (debit) and the amortization expense (credit) will be
			 coded to the depreciation expense on the income statement. This will result in
			 an expense that nets to zero and has no effect on ratemaking.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.120,
				  757.125,
				  757.135
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-2390 - Accounting for Construction Work in Progress (CWIP)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to rate-regulated water
			 utilities.
(2) CWIP is an
			 accounting treatment for capital improvement projects under construction, but
			 not yet placed in service. The treatment allows rate-regulated water utilities
			 to place recoverable capital improvements costs into plant. The Commission may
			 approve the cost of a specific capital improvement project into rates if:
(a) The capital improvement project is under
			 construction;
(b) The water utility
			 uses the additional revenues solely for the purpose of completing the capital
			 improvement project;
(c) The water
			 utility demonstrates that it is in the public interest to provide funding for
			 the capital improvement through rates; and
(d) The costs are approved by the
			 Commission.