Oregon Administrative Code

860-001-0830 Eligible Proceedings (1) Eligible Proceedings include proceedings before the Commission that affect a Participating Public Utility, its customers and its Environmental Justice Communities including, but not limited to, named, non-docketed Commission led processes, ru…

860-001-0840 Justice Funding Eligibility (1) An organization meeting the following criteria may be certified by the Commission to be eligible to receive Justice Funding Grants: (a) The organization represents the interests of low-income residential customers or Environmental Just…

860-001-0850 Pre-certification Fund (1) No more than five eligible organizations will be Pre-certified to receive Pre-certification Fund grants each year. (2) Pre-certified Organizations may request an Advance from the Pre-certification accounts in the next year. (3) Applications…

860-001-0860 Case Fund (1) Applicants seeking a Case Fund Grant must file a notice of intent and request for case certification to request a Case Fund Grant when it files its petition to intervene or notice of participation in the matter or, for matters that do not involve a form…

860-001-0870 Eligible Expenses (1) Eligible Expenses include: (a) Actual attorney and consultant fees, whether in-house or for outside services, directly attributable to participation in the proceeding; (b) Expert witness fees and expenses; (c) Apportioned wages for in-house staf…

860-001-0890 Payment of Grants and Reporting (1) Upon Commission approval of a Pre-certified Fund grant or approval of a request for payment from a Case Fund, the Participating Public Utilities must pay the amounts granted pursuant to Commission order. The Participating Public Ut…

860-001-0900 Recovery of Justice Funding Grants and Cost Allocation (1) Participating Public Utilities are permitted to recover in rates all amounts paid for Justice Funding Grants. (a) If a Participating Public Utility seeks rate recovery through a deferred account, the account …

860-002-0000 Applicability of Division 002 (1) The rules in this division apply to a complaint filed under ORS 756.500 that is not a consumer complaint filed under OAR chapter 860 divisions 021, 034, 036, or 037 and are intended to facilitate informal resolution of disputes and t…

860-002-0010 Purpose of Division 002 (1) OAR chapter 860, division 002 is intended to facilitate informal resolution of disputes, prevent litigation, and save time and resources for electric companies, qualifying facilities, and the Commission. (2) These rules are intended to pro…

860-002-0020 Definitions (1) "Mediator" refers to the person or persons appointed by the Chief Administrative Law Judge to serve as the Commission's representative to facilitate the alternative dispute resolution process. (2) "Party" refers to either the petitioner or respondent …

860-002-0030 Initiation of Alternative Dispute Resolution Process (1) At any time or concurrent with the filing of a complaint under ORS 756.500 that is not a consumer complaint filed under OAR chapter 860 divisions 021, 034, 036, or 037 disputing parties may jointly request on a…

860-002-0040 Process and Timeline for Alternative Dispute Resolution (1) A petition for alternative dispute resolution under these rules will be filed with the Commission and will state the names of the parties and an affirmation that the non-petitioning party has agreed to parti…

860-002-0050 Contents of a Petition for Alternative Dispute Resolution, Supporting Materials, and Response Requirements (1) A petition for alternative dispute resolution under these rules will be filed using a form made available by the Commission. The petition will include the n…

860-002-0060 Assignment of a Mediator (1) For each request for alternative dispute resolution, the Chief Administrative Law Judge must appoint a mediator to facilitate the process. (2) The Chief Administrative Law Judge may appoint an Administrative Law Judge trained in mediation…

860-002-0070 Confidentiality and Use of Statements, Proposals, or Materials in Alternative Dispute Resolution (1) Unless otherwise agreed to by the parties in writing, all written or oral communications made by the parties in preparation for or during the mediation session(s) inc…

860-002-0080 Alternative Dispute Resolution Mediation Session (1) Unless otherwise agreed to by the parties, no more than four persons for each party may attend the mediation session. Only the parties and the mediator may attend the mediation session, except as provided in sectio…

860-002-0090 Mediator Evaluation (1) The mediator may provide parties with an independent assessment of the issues and potential outcome of the case. (2) The mediator may provide the confidential assessment orally at the conclusion of a mediation session or, if requested by the p…

860-011-0036 Personal Services Contracts (1) The Commission may enter into personal services contracts as required or appropriate for the discharge of its duties. (2) The model rules adopted by the Attorney General do not apply to the Commission. (3) Department of Administrative …

860-016-0000 Definitions and Filing Dates As used in Division 016 of the rules: (1) "The Act" means the federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. (2) "Arbitration" means the submission of a dispute for resolution by a neutral third part…

860-016-0005 Waiver Upon request or its own motion, the Commission may waive any of the Division 016 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission or Arbitrator. Statutory/Other Authority: ORS 756.040 Statutes…

860-016-0010 Commission Policy The policy of the Public Utility Commission of Oregon relating to mediation and arbitration under the Act is to facilitate the execution of interconnection agreements among telecommunications carriers. The Commission encourages and will assist parti…

860-016-0015 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

860-016-0020 Agreements Arrived at Through Negotiation (1) Upon receiving a request for interconnection, services, or network elements pursuant to Section 251 of the Act, the affected telecommunications carrier may negotiate and enter into a binding agreement with the requesting …

860-016-0021 Wholesale Promotions (1) A carrier intending to offer a wholesale promotion that would modify the terms of a Carrier-to-Carrier Agreement must provide the Commission and other telecommunications carriers notice of the promotion at least 30 days prior to the effective…

860-016-0025 Adoption of Previously Approved Agreement or Statement of Generally Available Terms (1) If a requesting telecommunications carrier decides to adopt an identical agreement or an identical individual arrangement contained in an agreement, pursuant to Section 252(i) of …

860-016-0030 Arbitration of Disputes (1) Negotiating parties may engage the services of an outside arbitrator rather than file a petition with the Commission. If the negotiating parties petition the Commission to arbitrate their dispute, the Commission will use an ALJ as arbitrat…

860-016-0040 Statement of Generally Available Terms (1) A Bell Operating Company may file a statement of generally available terms that comply with Sections 251 and 252 of the Act. Any person may file comments concerning the statement of generally available terms within 30 days o…

860-016-0050 Petitions for Enforcement of Interconnection Agreements (1) This rule specifies the procedure for a telecommunications provider, as defined in OAR 860-032-0001, to file a complaint for the enforcement of an interconnection agreement executed pursuant to the Telecommu…

860-021-0000 Applicability of Division 21 The rules contained in this division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-021-0008. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 759.030, 75…

860-021-0005 Scope of the Rules Upon request or its own motion, the Commission may waive any of the Division 021 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS 183 & 756 Statutes…

860-021-0008 Definitions for Regulation of Utility Services (1) “Applicant” means a person who: (a) Applies for service with an energy or large telecommunications utility; (b) Reapplies for service at a new or existing location after service has been discontinued; or (c) Has not …

860-021-0009 Applications for Utility Service from an Energy or Large Telecommunications Utility (1) An application for energy or telecommunications utility service must be made when: (a) Service is requested by a person who has not previously been served by the energy or large t…

860-021-0010 Information for Utility Customers and Applicants (1) Each energy utility and large telecommunications utility shall, upon request, furnish each customer and applicant with such information as is reasonable to permit the customer to secure efficient service and select…

860-021-0011 Multilingual Notices (1) All energy utilities’ and large telecommunications utilities’ disconnect notices shall contain the following information translated into Spanish, Vietnamese, Cambodian, Laotian, and Russian or the five most used non-English languages in an en…

860-021-0015 Dispute Resolution (1) When a dispute occurs between a customer or applicant and a utility about any charge or service, the utility must: (a) Thoroughly investigate the matter; (b) Promptly report the results of its investigation to the complainant; (c) Inform the co…

860-021-0017 Designation of Third Party to Receive Notices Each energy or large telecommunications utility shall offer its customers the option to designate a third party to receive bills and notices set forth in these rules. When an energy or large telecommunications utility rec…

860-021-0019 Restrictions on Entering a Customer Residence No employee of an energy or large telecommunications utility shall enter the residence of a customer without proper authorization except in an emergency endangering life or property. Statutory/Other Authority: ORS 183, 75…

860-021-0021 Interruption of Utility Service (1) Each energy or large telecommunications utility shall keep a record of any interruption of service affecting its whole system, or a major section thereof, including a statement of the time, duration, and cause of interruption. (2) …

860-021-0033 Annual Fees Payable to the Commission by an Electric Utility (1) On statement forms prescribed by the Commission, each electric company must provide the requested information for the subject year. (2) Each electric company must pay to the Commission an annual fee on …

860-021-0034 Annual Fees Payable to the Commission by Gas Utility or Steam Heat Utility (1) On statement forms prescribed by the Commission, each gas utility and steam heat utility must provide the requested information for the subject year. (2) Each gas utility and steam heat ut…

860-021-0036 Annual Fees Payable to the Commission by a Large Telecommunications Utility (1) On statement forms prescribed by the Commission, each large telecommunications utility must provide the requested information for the subject year. (2) Each large telecommunications utili…

860-021-0037 Estimated Annual Fees Payable to the Commission (1) For any year in which an energy or large telecommunications utility fails to file a completed statement form, the Commission may determine a proposed annual fee based upon any information available to the Commission…

860-021-0045 Installation of Electric Service (1) For the connection of its distribution system to the customer’s premises, an electric company shall, with the exceptions provided under its extension rules, furnish service connections to the customer’s service entrance. (2) The e…

860-021-0050 Installation of Gas Service (1) Each gas utility shall furnish, a gas service from the gas main adjacent to the customer’s premises to and including the meter. Each gas utility shall develop, with the Commission’s approval, a uniform policy governing the amount of se…

860-021-0051 Main Extensions for Gas Service Each gas utility shall develop, with the Commission’s approval, a uniform policy governing the amount of main extension which will be made free to connect a new customer. This policy should be related to the investment that can prudent…

860-021-0055 Temporary Utility Service Each energy or large telecommunications utility may render temporary service to a customer and may require the customer to bear all the cost of installing and removing the service in excess of any salvage realized. The length of temporary se…

860-021-0057 Connection of Residential Energy Utility Service (1) This rule applies to the connection of energy service for an applicant or customer who has satisfied the requirements of all applicable rules and regulations, and requested connection. This rule applies for connect…

860-021-0120 Meter Readings and Bill Forms (1) Every energy utility providing metered service will clearly indicate on the meter the units of service for which the charge is made to the customer. The energy utility will clearly and plainly mark on the meter the proper constant to…

860-021-0125 Due and Payable Period (1) Each energy or large telecommunications utility shall establish procedures to ensure that the period from the billing transmittal for all current charges, including payment for final bills, to the due date is not less than 15 days. (2) If t…

860-021-0126 Late-Payment Charge (1) Except as provided in section (2) of this rule, an energy or large telecommunications utility may apply a late-payment charge to customer accounts not paid in full each month, provided the utility has filed the late-payment charge in its rate …