reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0005 - Energy Information and Audit Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in division 030, the terms "cash
			 payment," "commercial lending institution," "Commission," "cost-effective,"
			 "director," "dwelling," "dwelling owner," "energy audit," "energy conservation
			 measure," "investor-owned utility," "residential customer," "space heating,"
			 and "tenant" shall have the meanings set forth in ORS
			 469.631.
(2) Investor-owned energy utilities shall
			 notify their customers annually of the availability of energy audits without
			 direct charge to the customers. Such notification shall be made:
(a) In a bill insert or other direct mailing;
			 and
(b) Stating the types of
			 assistance and technical advice available.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0007 - Gas Utility Avoided Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Investor-owned gas utilities shall file a
			 proposed avoided-cost method and draft avoided costs with their integrated
			 resource plans pursuant to Order No. 89-507. The avoided-cost method filed
			 should be appropriate for determining the cost effectiveness of weatherization
			 measures from the gas utility's perspective.
(2) A gas utility may propose or the
			 Commission may require a gas utility to file the data described in OAR
			 860-030-0007(1)  during the two-year period between filing integrated plans
			 pursuant to Order No. 89-507 to reflect significant changes in circumstances,
			 such as acquisition of a major block of resources. Such a revision will become
			 effective 90 days after filing.
(3)
			 At least every two years, the gas utility must file with the Commission the
			 data described in section (1) of this rule.
Statutory/Other Authority: ORS Ch. 183, 469, 756, 757
Statutes/Other Implemented: ORS
				  756.040 &
				  469.631 - 469.645
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0010 - Cost Effectiveness

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Cost-effective," as defined in ORS
			 469.631(4),
			 relates an energy conservation measure's cost, life cycle, and the cost of
			 alternative energy facilities. An energy utility's cost-effectiveness
			 calculations should be consistent with the utility's most recently acknowledged
			 least-cost plan pursuant to Order No. 89-507.
(2) Unless otherwise demonstrated in an
			 acknowledged energy utility least-cost plan, the following energy conservation
			 measures are deemed to be in all installations:
(a) Caulking;
(b) Weather stripping;
(c) Timed (set-back) thermostats (except when
			 used with heat pumps); and
(d)
			 Water heater, steam pipe, and hot and cold water pipe wraps.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0011 - Avoided Cost Data Reporting for Energy Efficiency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An energy utility that provides customer
			 funds to a third-party nongovernmental entity approved by the Commission to
			 administer energy efficiency measures and programs, market transformation, or
			 the above-market costs of new renewable energy resources in the utility's
			 service area must submit data necessary to calculate its energy efficiency (EE)
			 avoided costs for energy efficiency measures and programs in the manner and
			 method specified in the Commission-approved reporting form. This form is
			 available at:
https://www.puc.state.or.us/Pages/electric_gas/formrpts.aspx
.
			 The EE avoided cost report must be submitted on or before October 15 of each
			 year for use in the next energy efficiency program budget cycle.
(2) An energy utility must include all data
			 to support the values in its EE avoided cost form.
(a) Relevant data may come from the energy
			 utility's most recent integrated resource plan or integrated resource plan
			 update that has been acknowledged by the Commission, or was used in the energy
			 utility's most recent general rate case that has been resolved by a final order
			 of the Commission; and
(b) An
			 energy utility may include more recent data with a supporting explanation as to
			 why the Commission should approve its avoided costs based on such data. The
			 Commission may approve the use of more recent data at its discretion.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0013 - Approval of EE Avoided Costs for Energy Efficiency Measures

Current through Register Vol. 63, No. 7, July 1, 2024
The third-party nongovernmental entity identified in OAR
				860-030-0011  may not use utility-specific EE avoided cost data in the
				administration of such measures and programs until the data is approved by the
				Commission. The Commission will generally consider approval of EE avoided costs
				for this purpose within 60 days from the filing deadline for the EE avoided
				cost report.
Statutory/Other Authority: ORS
				  756.060
Statutes/Other Implemented: ORS
				  756.040,
				  756.070
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0015 - Residential Energy Conservation Financing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An eligible dwelling owner may obtain a
			 loan or a cash payment from or through the energy utility for energy
			 conservation measures.
(2)
			 Financing:
(a) The loan shall be made in
			 accordance with the following terms, conditions, and limitations:
(A) A principal amount of up to
			 $5,000;
(B) On a loan from or
			 through an electric company, an interest rate that does not exceed 6.5 percent
			 annually;
(C) On a loan from or
			 through a gas utility, an annual interest rate 10 percentage points lower than
			 the rate published by the Federal Housing Administration for Title I property
			 improvement loans (24 Code of Federal Regulations (CFR), subsection 201.4(a))
			 on the date of the loan application, but not lower than 6.5 percent or higher
			 than 12 percent;
(D) A repayment
			 period of not more than ten years;
(E) Unless waived by the energy utility, a
			 minimum monthly payment of not less than $15; and
(F) To eligible dwelling owners with approved
			 credit.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0018 - Rental Unit Additional Financing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After December 31, 1985, energy
			 utilities, upon request of final certification from the Department of Energy,
			 under ORS chapter 469, shall offer additional financing as described in section
			 (3) of this rule for energy conservation measures installed by a dwelling owner
			 who rents the dwelling to a tenant whose dwelling unit receives energy for
			 space heating from an energy utility.
(2) Upon being notified by the Department of
			 Energy that it has committed all available tax credits for rental unit
			 additional financing for a given calendar year, an energy utility shall stop
			 offering additional financing until it is notified that tax credits are
			 available.
(3) The dwelling owner
			 may select one of the following types of financing:
(a) The dwelling owner may select a
			 low-interest loan pursuant to OAR 860-030-0015(2)(a). In such case, the
			 dwelling owner shall be liable to repay to the energy utility the loan minus
			 the present value to the utility of the tax credit received, as established
			 pursuant to ORS 469.185 to
			 469.225;
(b) The dwelling owner may select a cash
			 payment pursuant to OAR 860-030-0015(2)(b). In such case, the cash payment
			 shall be supplemented by an amount equal to the present value to the energy
			 utility of the tax credit received, as established pursuant to ORS
			 469.185 to
			 469.225.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0020 - Certain Energy Conservation Measures Excluded from Financing

Current through Register Vol. 63, No. 7, July 1, 2024
Energy conservation measures for any of the following building
				and improvement activities shall not be financed under an energy utility's
				residential energy conservation program adopted pursuant to ORS
				469.631 through
				469.645:
(1) Construction of a new dwelling;
			 or
(2) Construction which increases
			 or changes the living space in a dwelling being remodeled, added to, or
			 otherwise substantially altered.
(3) When a dwelling or property owner
			 proposes to build a new dwelling, remodel, or otherwise alter an existing
			 dwelling, the Uniform Building Code (UBC) or local equivalent code must be
			 complied with. Because weatherization programs are designed to be an incentive
			 encouraging people to voluntarily weatherize, it would not be in the public
			 interest to spend this money on loans or grants for measures which otherwise
			 are required by state or local law.
Stat. Auth.: ORS 183, ORS 469, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040 & ORS
				  469.631 - ORS
				  469.645
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0025 - Assurance of Work Quality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 energy utility shall, at a minimum, inspect:
(a) Each installation for which the customer
			 requests inspection;
(b) For each
			 contractor with whom the energy utility has no current experience of work
			 performance or whose past performance has shown inadequate performance, the
			 first ten installations by that contractor and at least two of every ten
			 installations thereafter.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0035 - Accounting Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Indirect
			 costs" shall mean:
(a) Reasonable expenses
			 which the energy utility incurs in providing to its residential customers
			 information about weatherization programs and other means of saving
			 energy;
(b) Reasonable expenses
			 which the energy utility incurs in providing to its residential customers
			 technical advice concerning advantages and disadvantages of various methods of
			 saving energy in the customer's dwelling unit;
(c) Reasonable expenses which the energy
			 utility incurs in providing pre-installation inspection services, cost
			 estimates, and post-installation inspections for its residential
			 customers;
(d) Cash payments made
			 to dwelling owners pursuant to ORS
			 469.633;
(e) The interest or other carrying charges
			 resulting from the difference between the interest charges authorized by the
			 Commission, pursuant to ORS
			 469.633, and the cost of the
			 energy utility's own funds used to finance weatherization services, or, if the
			 energy utility arranges financing with a commercial lending institution, the
			 difference between the interest charges allowed by the Commission, pursuant to
			 ORS 469.633, and the interest
			 charged by the commercial lending institution;
(f) Reasonable carrying charges on the
			 unamortized balance included in the deferred debit account until the
			 unamortized balance is included in the rate base;
(g) Any reasonable level of bad debts,
			 including a reasonable level of casualty losses attributable to the services
			 performed under ORS 469.633;
(h) Fees charged an energy utility pursuant
			 to ORS 469.185 to
			 469.225;
(i) Tax credits authorized under ORS
			 469.185 to
			 469.225; and
(j) Reasonable administrative costs of
			 residential energy conservation programs.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0040 - Commercial Energy Conservation

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose, Statutory Authorization, and Policy. The purpose of
				these rules is to provide procedures, standards, and criteria for electric and
				gas utilities to present energy audit programs for commercial buildings as
				required by Oregon Laws 1981, Chapter 708, Sections (1) through (11) (ORS
				469.865 et
				seq.).
Stat. Auth.: ORS 183, ORS 469, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040 & ORS
				  469.631 - ORS
				  469.645
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0045 - Definitions for Energy Conservation

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the following terms shall have
				the following definitions, unless the context clearly indicates
				otherwise:
(1) "Automatic control
			 system" means devices, including but not limited to: wide dead band
			 thermostats, which regulate lighting, heating, ventilating, air conditioning,
			 or other energy loads automatically based on time, temperature, humidity,
			 pressure, or load limiting measures. Equipment associated with automatic
			 control systems includes, but is not limited to: automatic dampers, wiring,
			 electronic circuitry, relays, valves, and other equipment which produces a
			 reduction in energy consumption or demand.
(2) "BTU" means a British Thermal Unit, the
			 amount of energy required to raise the temperature of a one-pound mass of water
			 one degree Fahrenheit.
(3)
			 "Commercial building" means a public building as defined in ORS
			 456.746 and other commercial
			 structures as defined by energy utility tariff.
(4) "Commercial building customer" means the
			 owner or tenant of a commercial building who is responsible for paying fuel
			 costs to an energy utility which provides electricity or gas energy to the
			 building.
(5) "Commercial energy
			 audit" means the service provided to a commercial building customer which
			 includes on-site data gathering, energy use analysis, and a report to the
			 customer recommending energy conservation measures, and an estimate of the
			 cost/benefit of those measures.
(6)
			 "Commercial energy auditor" (or "Level I Auditor") means a person who is
			 qualified through general training and experience and who has demonstrated a
			 general knowledge of heat transfer principles, construction terms and
			 components, energy efficient operations and maintenance procedures, boiler and
			 furnace efficiency improvements, infiltration controls, envelope
			 weatherization, heating, ventilating, and air conditioning (HVAC) systems,
			 electric control systems, lighting systems, solar insulation, and applicable
			 energy conservation measures.
(7)
			 "Commercial energy specialist" (or "Level II Auditor") means a person who is
			 qualified through specialized training and experience, who has demonstrated
			 knowledge and abilities of a qualified commercial energy auditor, and who can
			 in addition:
(a) Perform calculations of
			 energy use analysis;
(b) Perform
			 calculations of energy efficiencies of HVAC, lighting, plumbing, water, steam,
			 control, or electrical systems; and
(c) Can prepare technical reports of net
			 energy savings for energy conservation measures.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0055 - Coordination of Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 more than one utility serves the same building, the utilities shall, whenever
			 possible, conduct a joint analysis of the energy consuming systems and present
			 combined recommendations to the commercial building customer. When disputes
			 arise among utilities in the coordination of analysis and recommendations, such
			 disputes will be resolved by the utility with the highest average monthly
			 billing for that customer.
(2) If
			 the commercial building customer uses oil, wood, or a renewable resource in the
			 building, the energy utility shall make reasonable efforts to determine or
			 estimate previous energy use records for that energy system and shall evaluate
			 the system, particularly the operations and maintenance aspects of the system.
			 When the practices and systems seem to warrant attention beyond the capability
			 of the auditor or specialist, the customer shall be referred to the oil or wood
			 supplier, qualified contractor, engineer, or architect.
Stat. Auth.: ORS 183, 469, 756 & 757
Stats. Implemented: ORS
				  756.040 &
				  469.631 -
				  469.645
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0060 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
All utilities shall develop and present a fee schedule to the
				Commission for approval. A fee schedule may provide incentives to encourage
				audit and implementation of audit results. Fee schedules may be defined in
				terms of the level of complexity of the audit and may identify: per-hour cost
				of the on-site visit, basic per-hour analysis and report preparation costs, and
				cost of private consulting engineer's or auditor's fees, if any. Fees may be
				charged in proportion to work performed if two utilities cooperate on
				performing the audit for a single building or complex.
Stat. Auth.: ORS 183, 469, 756 & 757
Stats. Implemented: ORS
				  756.040 &
				  469.631 -
				  469.645
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0070 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 energy utility shall perform on an annual basis a cost-effectiveness analysis
			 of its commercial energy audit program which shall include, but not be limited
			 to:
(a) The number and cost of audits
			 performed;
(b) Number of measures
			 recommended, by type;
(c) Number of
			 measures installed, by type;
(d)
			 Predicted energy and capacity savings, by type of measure installed and by the
			 program as a whole;
(e) The total
			 program cost to customers;
(f) The
			 energy utility's conclusions as to the cost effectiveness of the program;
			 and
(g) The energy utility's
			 recommendations for changes in the program. If the energy utility's service is
			 offered through an association, the association may provide the above
			 information on an individual basis for each utility served.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 30 - RESIDENTIAL AND COMMERCIAL ENERGY CONSERVATION › Section 860-030-0075 - Accounting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The energy
			 utility shall pass on to all of its customers the commercial energy audit
			 program costs reasonably incurred pursuant to ORS
			 469.860 to
			 469.900, by accounting for the
			 costs not recovered from the commercial building customer as an allowable
			 revenue deduction and by including where applicable the unamortized balance of
			 the accumulated deferred debits associated with commercial energy audit program
			 costs in the rate base for rate-making purposes.
(2) The energy utility shall keep books and
			 accounts to permit the Commission to readily identify all costs incurred in
			 connection with the commercial energy audit program.
(3) All costs incurred by an energy utility
			 pursuant to Oregon Laws 1981, Chapter 708, shall be placed in a deferred debit
			 account until such time as the Commission issues an order including an
			 appropriate amount of costs in rates.
(4) After the authorized amount of costs is
			 included in rates, deferred debit accounting shall not be used to recover
			 additional costs unless the energy utility demonstrates the present level of
			 recovery of costs is inadequate.
(5) The costs accumulated in the deferred
			 debit account may be disposed of by being included in rates by a tracking
			 procedure or by being included in rates upon the issuance of an order by the
			 Commission.
Stat. Auth.: ORS 183, 469, 756 & 757 \
Stats. Implemented: ORS
				  756.040 &
				  469.631 -
				  469.645
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 31 - INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS › Section 860-031-0001 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The rules contained in this Division apply to all pipeline
				operators identified in ORS
				757.039.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040, ORS
				  757.039 & ORS
				  759.039
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 31 - INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS › Section 860-031-0005 - Inspection of Gas Pipeline Operator Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Priority in inspections will be given to
			 those systems and plants with greater risk potential. The following factors
			 will be considered in determining potential risk: the size of the plant or
			 system and the number of customers it serves, the ratio of total pipe to
			 cathodically protected pipe, the ratio of total pipe to coated pipe, the leaks
			 per mile of main, the percentage of unaccounted-for gas volume, and the number
			 of past accidents.
(2) Inspections
			 will include reviews of the operator's standard practices and records
			 concerning design, construction, operation, maintenance, inspection, emergency
			 procedures, and damage prevention programs. Field inspections may include, but
			 are not limited to: checks of cathodic protection levels, construction
			 practices, barricading or protection of equipment from damage, witnessing
			 operational checks of overpressure protection and regulating equipment,
			 odorization, leak surveys, and other field functions. Any documentation,
			 records, or physical evidence necessary to support allegations of noncompliance
			 may be obtained by the investigator during the inspection or at any later
			 date.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040 & ORS
				  757.039
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 31 - INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS › Section 860-031-0010 - Verbal Notice of Probable Violation to a Gas Pipeline Operator

Current through Register Vol. 63, No. 7, July 1, 2024
When an evaluation of an operator's records, practices, or
				facilities indicates that the operator is not in compliance with a pipeline
				safety regulation, the investigator will informally discuss the probable
				violation of the regulation with the operator whenever practical before
				concluding the inspection. The operator may take on-site corrective action
				during the inspection or during the concluding interview at the facility when a
				probable violation exists. Whenever a probable violation is found, the
				investigator will issue a written inspection report pursuant to OAR
				860-031-0015.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040 & ORS
				  757.039
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 31 - INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS › Section 860-031-0015 - Written Notice of Probable Violation to a Gas Pipeline Operator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As soon as
			 practical after an inspection where a probable violation was noted, a written
			 inspection report listing all violations found will be issued. The report will
			 contain a notice that a probable violation exists, a short description of the
			 probable violation, and a citation to the rule(s) in point. The report will
			 specify reasonable times for the operator to submit a response and to correct
			 the violation. If the probable violation was corrected at the time of the
			 inspection or concluding interview, the corrective action will be noted in the
			 inspection report.
(2) The
			 operator's written response pursuant to OAR 860-031-0020  must be received by
			 the Commission's gas pipeline safety section within the time specified in the
			 inspection report. If no written response is received within such time, the
			 probable violation will be taken to be admitted.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040 & ORS
				  757.039
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 31 - INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS › Section 860-031-0020 - Responses Open to the Gas Pipeline Operator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After receiving the citation, the gas
			 pipeline operator may:
(a) Correct the
			 violation within the time allotted in the inspection report and notify the
			 Commission's gas pipeline safety section of the action taken; or
(b) Submit a written plan of action
			 indicating the action to be taken to correct the probable violation, including
			 a schedule and the date when the completion of corrective action is
			 anticipated; or
(c) Request an
			 informal conference with the Commission's gas pipeline safety
			 section.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 31 - INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS › Section 860-031-0025 - Informal Conference for a Probable Violation by a Gas Pipeline Operator

Current through Register Vol. 63, No. 7, July 1, 2024
A date, time, and place for the informal conference will be
				arranged. At the conference the operators may explain their positions and may
				present alternatives for remedying the probable violation. The operators and
				the gas pipeline safety staff may agree on a plan to remedy the probable
				violation.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040 & ORS
				  757.039
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 31 - INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS › Section 860-031-0030 - Referral to the Commission of a Probable Violation by a Gas Pipeline Operator

Current through Register Vol. 63, No. 7, July 1, 2024
After receiving a response from the operators and after holding
				the informal conference, if any, or after receiving no response within the time
				specified in the inspection report, the Commission's gas pipeline safety staff
				will determine whether to refer the case to the Commission for formal action.
				In such case, the staff shall notify the Commission of the response chosen by
				the operators and the result of the informal conference, if
				any.
Stat. Auth.: ORS 183, ORS 756 & ORS 757
Stats. Implemented: ORS
				  756.040 & ORS
				  757.039
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 31 - INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS › Section 860-031-0035 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Civil
			 penalties for failure to comply with gas pipeline safety rules or regulations
			 are based on the gravity of the violation, the extent of the operators' past
			 violations, and other matters as justice may require.
(2) ORS
			 757.991 provides for penalties
			 for failure to comply with gas pipeline safety rules or regulations of $200,000
			 per day, to a maximum of $2,000,000 for any related series of
			 failures.
Stat. Auth.: ORS 183, 756, 757
Stats. Implemented: ORS
				  756.040,
				  757.039,
				  756.991
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 31 - INSPECTION OF GAS PIPELINE OPERATORS AND WAIVER OF SAFETY STANDARDS › Section 860-031-0040 - Waivers of Gas Pipeline Safety Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon request or its own motion, the
			 Commission may waive any of the Division 031 rules for good cause shown. A
			 request for waiver must be made in writing, unless otherwise allowed by the
			 Commission. The application must include a statement of reasons why the
			 regulations are not appropriate and why a waiver is consistent with gas
			 pipeline safety. The Commission may grant a waiver if:
(a) The noncompliance does not entail a
			 significant risk to the operator's employees or the public; or
(b) The degree of risk does not justify the
			 expense of bringing the system into compliance.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0000 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
Upon request or its own motion, the Commission may waive any of
				the Division 032 rules for good cause shown. A request for waiver must be made
				in writing, unless otherwise allowed by the Commission.
Stat. Auth.: ORS.
				  756.040
Stats. Implemented: ORS
				  756.040,
				  759.005 &
				  759.020
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0001 - Definitions for Telecommunications

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this division:
(1) "Affiliated interest" between
			 telecommunications providers means:
(a) Every
			 corporation and person owning or holding directly or indirectly 5 percent or
			 more of the voting securities of such telecommunications provider;
(b) Every corporation and person in any chain
			 of successive ownership of 5 percent or more of voting securities of such
			 telecommunications provider;
(c)
			 Every corporation 5 percent or more of whose voting securities are owned by any
			 person or corporation owning 5 percent or more of the voting securities of such
			 telecommunications provider or by any person or corporation in any chain of
			 successive ownership of five percent or more of voting securities of such
			 telecommunications provider;
(d)
			 Every person who is an officer or director of such telecommunications provider
			 or of any corporation in any chain of successive ownership of 5 percent or more
			 of voting securities of such telecommunications provider;
(e) Every corporation that has two or more
			 officers or two or more directors in common with such telecommunications
			 provider;
(f) Every corporation and
			 person, 5 percent or more of which is directly or indirectly owned by a
			 telecommunications provider;
(g)
			 Every corporation or person who or which the Commission determines as a matter
			 of fact, after investigation and hearing, actually is exercising any
			 substantial influence over the policies and actions of such telecommunications
			 provider, even though such influence is not based upon stockholdings,
			 stockholders, directors, or officers to the extent specified in this section of
			 this rule;
(h) Every person or
			 corporation who or which the Commission determines as a matter of fact, after
			 investigation and hearing, actually is exercising such substantial influence
			 over the policies and actions of such telecommunications provider in
			 conjunction with one or more other corporations or persons with whom they are
			 related by ownership or blood or by action in concert that together they are
			 affiliated with such telecommunications provider within the meaning of this
			 section even though no one of them alone is so affiliated.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0002 - Notice and Procedures for a Proceeding Initiated Under Division 032

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All notices
			 initiating a proceeding under this Division, including, but not limited to,
			 applications, petitions, complaints, and other pleadings, must be served on all
			 telecommunications providers and all persons on the Commission's new
			 application mailing list. Any person wishing to be included on the list must
			 submit his or her name, electronic mail address, and mailing address to the
			 Commission's Administrative Hearings Division.
(2) Except as otherwise provided, every
			 proceeding under this Division will follow the procedures in ORS
			 756.500 et seq. and the
			 Commission's rules of procedure.
(3) Any person submitting information under
			 the Commission's rules may request that the information be held in confidence
			 pursuant to the public records law, ORS
			 192.500.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.020 &
				  759.025
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0005 - Application for New or Amended Certificate of Authority, or to Transfer Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person may not provide intrastate telecommunications service on a for-hire
			 basis, or transfer a certificate of authority to provide such service, except
			 as authorized by the Commission.
(2) Any person intending to provide
			 intrastate telecommunications service in Oregon, or to transfer a certificate
			 of authority to provide such service, must file an application, on a form
			 prescribed by the Commission. A copy of the applicable application form is
			 available on the Commission's website.
(3) The application and any subsequent
			 amendments must be filed electronically as set forth in OAR 860-001-0140  and
			 860-001-0170.
(4) Applicant(s)
			 must complete all applicable parts of the application. If an application, in
			 any material respect, is incomplete, inaccurate, false, or misleading, the
			 Commission may reject the application.
(5) An application for a new or amended
			 certificate must contain:
(a) A request for
			 classification as a telecommunications utility or competitive provider;
(b) The name, mailing address,
			 telephone number, and electronic mail address of the applicant;
(c) A description of the service the
			 applicant seeks to provide, including designation of such service as local
			 exchange, shared, or interexchange service, and a designation of such service
			 as switched or non-switched service, and a description of how applicant will
			 provide such service;
(d) A
			 description of the territory where the service is to be offered. An application
			 to provide local exchange service must include a description and map of the
			 local exchange service boundaries or a list of the local exchanges to be
			 served;
(e) The names of
			 affiliated interests of the applicant, as defined in OAR 860-032-0001, which
			 are certified to provide or are actually providing telecommunications service
			 in Oregon;
(f) A list of each
			 certificate of authority to provide service in Oregon, which was granted to
			 applicant or to an affiliated interest, whether such certificate is in effect
			 or canceled; and
(g) In addition
			 to the requirements of subsections (5)(a) through (f) of this rule, an
			 application to provide shared service must:
(A) Describe the user group to whom service
			 will be provided;
(B) List the
			 street address of the building(s) where service will be provided; and
(C) If service will be provided to
			 a user group located in two or more buildings, the application must include a
			 clear, precise, legible map, of the area to be served.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0007 - Conditions of Certificates of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
A certificate to provide telecommunications service is subject
				to the following conditions:
(1) The
			 certificate holder must provide only the telecommunications service authorized
			 in the certificate.
(2) A
			 telecommunications utility may not abandon service except as authorized under
			 the Commission's rules.
(3) For
			 telecommunications utilities, the records and books of the certificate holder
			 are open to inspection by the Commission, and must be maintained according to
			 the Commission's rules.
(4) For
			 competitive providers and cooperatives, the books and records of the
			 certificate holder must be open to inspection by the Commission to the extent
			 necessary to verify information required of the certificate holder. The books
			 and records must be maintained according to the applicable rules of the
			 Commission.
(5) The certificate
			 holder must pay all access charges and subsidies imposed pursuant to the
			 Commission's rules, orders, tariffs, or price lists.
(6) The certificate holder involved in the
			 provision of an operator service must:
(a)
			 Notify all callers at the beginning of each call of the telecommunications
			 provider's name; however, a telecommunications provider furnishing operator
			 service for another telecommunications provider may brand the call by
			 identifying the other provider;
(b)
			 Disclose rate and service information to the caller when requested;
(c) Maintain a current list of emergency
			 numbers for each service territory it serves;
(d) Transfer an emergency call to the
			 appropriate emergency number when requested, free of charge;
(e) Transfer a call to, or instruct the
			 caller how to reach, the originating telecommunications utility's operator
			 service upon request of the caller, free of charge;
(f) Not transfer a call to another operator
			 service provider without the caller's notification and consent;
(g) Not bill or collect for calls not
			 completed to the caller's destination telephone number; and
(h) Not screen calls and prevent or block the
			 completion of calls which would allow the caller to reach an operator service
			 company different from the certificate holder. In addition, the certificate
			 holder shall, through contract provisions with its call aggregator clients,
			 prohibit the blocking of a caller's access to his or her operator service
			 company of choice. A certificate holder may apply for a waiver from this
			 requirement if necessary to prevent fraudulent use of its services.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0008 - Failure to File Information or Pay the Annual Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Commission has not received an
			 annual fee payment from a telecommunications provider by April 1 of the year
			 after the calendar year upon which the fee is based, a penalty shall be due and
			 payable. The penalty shall equal two percent of the annual fee for each and
			 every month or fraction thereof that the fee remains unpaid.
(2) If the Commission has not received
			 requested information or an annual fee within the specified time, or a
			 telecommunications provider does not cooperate with a Commission audit, the
			 Commission may commence a proceeding to impose sanctions, including but not
			 limited to, revoking the telecommunications provider's certificate of authority
			 to operate in Oregon.
Stat. Auth.: ORS 183 & 756
Stats. Implemented: ORS
				  756.040,
				  756.310,
				  756.320,
				  756.350 &
				  759.020
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0010 - Classification of Applicants as Telecommunications Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 759.020, there shall be two
			 classifications of telecommunications providers:
(a) Telecommunications utility; and
(b) Competitive provider.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0011 - Advertisements by Competitive Providers

Current through Register Vol. 63, No. 7, July 1, 2024
Each competitive provider shall ensure that advertisements or
				other offers of service do not refer to the Commission's certification of the
				competitive provider, unless the advertisement or offer conspicuously includes
				the following statement:
The Public Utility Commission of Oregon does not regulate the
				rates of this carrier. Certification by the Commission means that this carrier
				is listed with the Commission to do business in Oregon.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.020, &
				  759.050
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0013 - Uncertified Telecommunications Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No telecommunications provider shall
			 provide telecommunications service to another person for purposes of resale,
			 unless the purchaser has a valid certificate of authority from the Commission
			 to operate as a telecommunications provider.
(2) No telecommunications provider shall
			 purchase telecommunications service, for purposes of resale, from another
			 person, unless the seller has a valid certificate of authority from the
			 Commission to operate as a telecommunications provider.
Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS
				  756.040,
				  759.020 &
				  759.050
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0015 - Cancellation or Suspension of a Telecommunications Provider's Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 may cancel or suspend a certificate of authority to provide telecommunications
			 service upon a finding that:
(a) The
			 certificate holder intentionally filed an application containing incomplete,
			 inaccurate, false, or misleading information or otherwise misrepresented the
			 services or territory the applicant intends to serve, the applicant's
			 ownership, affiliates of the applicant, or the applicant's assets or other
			 information presented to the Commission;
(b) The certificate holder has failed to
			 comply with the terms and conditions of the certificate;
(c) The certificate holder intentionally
			 provided to the Commission incomplete, inaccurate, false, or misleading
			 information; or
(d) The certificate
			 holder failed to pay the annual PUC fee, as required by OAR
			 860-032-0095.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0020 - Abandonment of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purpose of this rule:
(a) "Abandon" means
			 to discontinue or cease providing.
(b) "Commission" means the Public Utility
			 Commission of Oregon.
(c) "Exiting
			 provider" means a telecommunications provider, which intends to abandon a
			 telecommunications service.
(d)
			 "Grandfather" means to discontinue or cease offering a service to new customers
			 and to continue offering the service to existing customers.
(e) "Oregon Emergency Management" means the
			 Technology and Operations Section, Oregon Emergency Management, Department of
			 State Police, in Salem, Oregon.
(f)
			 "Receiving provider" means a telecommunications provider, which receives or
			 acquires customers for a service being abandoned by an exiting provider. A
			 receiving provider may be a telecommunications utility, a telecommunications
			 cooperative, or a competitive provider.
(g) "Receiving telecommunications utility"
			 means a telecommunications utility, which is a receiving provider.
(h) "Receiving competitive provider" means a
			 competitive provider, which is a receiving provider.
(i) "Regulated service" means a
			 telecommunications service provided by a telecommunications utility which is
			 not an exempt service as defined in OAR 860-032-0001.
(j) "Starting date" means the day a
			 telecommunications utility may lawfully disconnect service to an exiting
			 provider or the date a telecommunications utility knows that an exiting
			 provider ceases providing service, whichever comes first.
(k) "Sunset date" means the day a
			 telecommunications provider will abandon a grandfathered service being provided
			 to existing customers.
(l) "Through
			 service" has the same meaning as in OARs 860-022-0003  and
			 860-034-0015.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0023 - Price List Petitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When submitting a petition for price listing pursuant to ORS
			 759.195, the telecommunications
			 utility shall submit a list of the services deemed to be essential and a list
			 of the remaining services. The telecommunications utility shall provide the
			 following information:
(a) A description of
			 each price-listed service; and
(b)
			 Any proposed maximum price to be charged for the price-listed service and the
			 basis upon which this price has been established.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0025 - Petition to Exempt Services from Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon petition by a telecommunications
			 utility and upon notice and hearing, except as provided in section (7) of this
			 rule, the Commission shall exempt a service from regulation in whole or in
			 part, if the Commission finds price and service competition exists.
(2) Upon petition by any person, including a
			 telecommunications utility, and upon notice and hearing, except as provided in
			 section (7) of this rule, the Commission may exempt a service from regulation
			 in whole or in part, if the Commission finds:
(a) Price or service competition
			 exists;
(b) The service is subject
			 to competition; or
(c) The public
			 interest no longer requires full regulation of the service.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0035 - Petition to Price List Telecommunications Utility Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 759.054,
			 a telecommunications utility may petition the Commission to price list a
			 service. The petition shall contain the following information:
(a) The name of the petitioner;
(b) A description of the proposed
			 price-listed service, including the initial price list with the proposed terms
			 and prices of the service;
(c)
			 Documentation and information to support findings the Commission must make and
			 the criteria the Commission must consider as set forth in sections (4), (5),
			 and (6) of this rule; and
(d) A
			 statement from:
(A) Each joint
			 telecommunications provider of the service that it agrees to the price list;
			 or
(B) The petitioner indicating
			 how the price list will affect the rates and services of all joint
			 telecommunications providers of the service.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 32 - TELECOMMUNICATIONS › Section 860-032-0040 - Subsidies for Telecommunications Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before determining the need for or the
			 sources of a subsidy to telecommunications providers, the Commission shall
			 investigate and hold hearings. The Commission shall consider:
(a) The need to secure and maintain
			 high-quality universal telecommunications service at just and reasonable rates
			 for all customer classes;
(b) The
			 need to encourage innovation through a balanced program of regulation and
			 competition; and
(c) The effect of
			 changing technology on pricing methods.