Oregon Administrative Code

860-025-0001 Definitions for Territory Allocated to Electric Utilities, Gas Utilities, and Large Telecommunications Utilities For purposes of this Division, except when a different scope is explicitly stated: (1) “Electric utility” means an electric utility as defined in ORS 757.…

860-025-0005 Applicability and Formal Requirements All applications or petitions filed under the rules contained in this division must also comply with all other applicable Commission rules. Statutory/Other Authority: ORS 183 & 756 Statutes/Other Implemented: ORS 756.040 History:…

860-025-0010 Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities An application for a Commission order under ORS 758.410 or 759.560 shall contain the following: (1) A …

860-025-0015 Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service Applications under ORS 758.430 for a Commission order approving an amendment to a contract approved pursuant to ORS 758.410 to 758.420 or 759.560 shall contain: (1) T…

860-025-0020 Applications for Allocation of Exclusively Served Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities An application under ORS 758.435 or 759.535 for an order of the Commission to allocate territory to a person providing exclusive …

860-025-0025 Applications for Allocation of Exclusively Served Territory and Adjacent Unserved Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities An application under ORS 758.435 or 759.535, for an order of the Commission to allocate territory…

860-025-0027 Application to Transfer Rights to Allocated Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities (1) An application under ORS 758.460 or 759.560 for an order of the Commission to approve the transfer of rights acquired by an allocat…

860-025-0030 Petitions for Certificate of Public Convenience and Necessity for Construction of Overhead Transmission Lines (1) Petitions under ORS 758.015, for a certificate of public convenience and necessity to construct an overhead transmission line that will necessitate a con…

860-025-0035 CPCN Review Criteria (1) The Commission may approve a petition filed under OAR 860-025-0030 by determining the necessity, safety, practicability and justification in the public interest of the proposed transmission line upon consideration of the following: (a) Whethe…

860-025-0040 Petition for CPCN Compliance with Statewide Planning Goals, Land Use Regulations, and Acknowledged Plans (1) The Commission, as part of its approval of a petition filed under OAR 860-025-0030, shall adopt findings which assure the proposed transmission project compli…

860-025-0050 Application by an Unserved Person for Service from a Large Telecommunications Utility An application under ORS 759.590 for an order of the Commission directing another telecommunications utility to provide local exchange service to an unserved person shall comply wit…

860-025-0055 Exemption from Carrier of Last Resort (COLR) Obligations (1) A telecommunications utility, cooperative corporation, or municipality may petition the Commission for an exemption from its COLR obligations as specified in this rule. (2) The COLR’s petition must comply w…

860-025-0060 Reinstatement of Carrier of Last Resort (COLR) Obligations (1) Any resident or occupant of the property for which the Commission allowed an exemption of the COLR obligations under OAR 860-025-0055, or the exempted COLR utility, may petition the Commission to reinstat…

860-025-0065 Allocation of Carrier of Last Resort (COLR) Reinstatement Costs (1) Within 45 days after the Commission receives a petition to determine if reinstatement of the COLR obligations is required by the existing public convenience and necessity, the telecommunications util…

860-026-0000 Applicability of Division 26 (1) The rules contained in this Division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-026-0005. (2) Upon request or its own motion, the Commission may waive any of the division 26 rules for good …

860-026-0005 Definitions for Utility Sales Promotion As used in OAR 860-026-0005 through 860-026-0045, unless the context requires otherwise: (1) “Affiliate” means “affiliated interest,” as defined in ORS 757.015 and 759.010. (2) “Appliance or equipment” includes any device which…

860-026-0010 “Promotional Activity” Defined "Promotional activity" means action by an energy or large telecommunications utility or its affiliate with the objective of increasing or preventing a decrease in the quantity of the energy or large telecommunications utility’s service …

860-026-0015 “Promotional Concession” Defined (1) "Promotional concession" means any consideration offered or granted by an energy or large telecommunications utility or its affiliate to any person with the object, express or implied, of inducing such person to select or use the …

860-026-0020 Standards Governing Promotional Activities and Concessions (1) All promotional activities and concessions shall be just and reasonable, prudent as a business practice, economically feasible and compensatory, and reasonably beneficial both to the energy or large telec…

860-026-0022 Presumptions of Reasonableness of Advertising Expenses in Utility Rate Cases (1) As used in this rule: (a) "Advertising Expenses" means expenses for communications which inform, influence, and/or educate customers. Such communication may be by means of, but is not li…

860-026-0025 Filing of Proposed Promotional Concessions (1) An energy utility or its affiliate shall not offer, grant, or vary any promotional concession directly or indirectly, or in concert with others, or by any means whatsoever, unless the energy utility has filed a descripti…

860-026-0030 Notice and Effective Date of Promotional Concessions for Energy Utilities All filings required from energy utilities by OAR 860-026-0025 shall be effective upon 30 days’ notice to the Commission, subject to suspension and cancellation by the Commission. However, the …

860-026-0035 Reports of Promotional Activities and Concessions for Energy Utilities (1) Each energy utility shall file, concurrently with the annual report required by law, a report of each promotional activity and concession of the utility and its affiliates during the preceding…

860-026-0040 Investigations of Promotional Activities and Concessions Nothing in OAR 860-026-0005 through 860-026-0040 is intended to prevent the Commission from investigating, either formally or informally, any promotional activity or concession, or the costs thereof, of any ene…

860-026-0045 Promotional Concessions Offered or Granted on the Effective Date of These Rules (1) Notwithstanding OARs 860-026-0025 and 860-026-0030, any promotional concession offered or granted by an energy or large telecommunications utility or its affiliate before July 1, 1971…

860-027-0000 Applicability of Division 27 (1) The rules contained in this Division apply to energy utilities and large telecommunications utilities, as defined in OAR 860-027-0001. (2) Upon request or its own motion, the Commission may waive any of the division 27 rules for good …

860-027-0001 Definitions for Utility Budgets, Finance, Accounting, and Annual Reports For purposes of this division, except when a different scope is explicitly stated: (1) “Energy utility” means a public utility as defined in ORS 757.005 except a water utility or wastewater util…

860-027-0005 Utilities Required to File Reports Each energy utility operating within Oregon and having gross operating revenues of $50,000 or more per annum is required to file with the Commission on or before March 31 of each year, a copy of its proposed Budget of Expenditures, …

860-027-0015 New Construction Budget Each energy utility operating within Oregon is required to file annually on or before March 31 on forms approved by the Commission information on new construction, extensions, and additions to the utility’s property. Statutory/Other Authority:…

860-027-0016 Accounting for Director’s Fees Directors’ fees paid by an energy or large telecommunications utility to members of its board of directors, who are also paid as officers of the energy or large telecommunications utility, shall not be recognized as a charge to operatin…

860-027-0020 Form and Filing of Applications (1) The Commission will furnish such information from the records on file as will assist in a full presentation of material facts for the following application forms. (2) When any document required to be filed under these rules has her…

860-027-0025 Applications for Authority to Sell, Lease, Assign, Mortgage, Merge, Consolidate or Otherwise Dispose of or Encumber its Property, or to Acquire Stock, Bonds, or Property of Another Utility (1) The requirements of this rule will apply to any energy or large telecommun…

860-027-0030 Application by an Energy or Large Telecommunications Utility for Authority to Issue Stocks, Bonds, Notes, or Other Securities (1) The requirements of this rule will apply to any energy or large telecommunications utility seeking authority under ORS 757.495, 757.405 t…

860-027-0031 When the Commission May Reregulate Financings of Exempt Telecommunications Utilities If any bond rating made by Standard and Poor’s, Moody’s, or Fitch for a large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(…

860-027-0032 Information Required Concerning Financings of Exempt Large Telecommunications Utilities (1) Any large telecommunications utility exempt under ORS 759.315(5) from the requirements of ORS 759.310 and 759.315(2) shall, within 30 days of issuing securities, provide to th…

860-027-0035 Applications by a Utility for Authority to Guarantee Indebtedness (1) The requirements of this rule will apply to any energy or large telecommunications utility seeking authority under ORS 757.440 and 759.350. Every applicant shall set forth in its application to the…

860-027-0040 Applications for Approval of Transactions Between Affiliated Interests (1) Except as provided in sections (3) and (4) of this rule, the requirements of this rule will apply to any energy or large telecommunications utility seeking authority under ORS 757.490, 757.495…

860-027-0041 Information Required for Utility Goods or Services Provided to Affiliated Interests (1) Except as provided in section (4) of this rule, this rule applies to any energy or large telecommunications seeking to provide or contracting to provide, directly or indirectly, t…

860-027-0042 Timeliness of Application Made Under OAR 860-027-0040 and Filings Made Under OAR 860-027-0041 Applications made under OAR 860-027-0040 and filings made under OAR 860-027-0041 shall occur no later than 90 days after the execution of the contract giving rise to the app…

860-027-0043 Application for Waiver of Requirements Under OARs 860-027-0040 and 860-027-0041 The Commission will not waive the requirements of OAR 860-027-0040 or 860-027-0041 for any transactions exceeding 0.1 percent of the previous calendar year’s Oregon utility operating reve…

860-027-0044 Application for Waiver Requirements by Large Telecommunications Utilities Under OARs 860-027-0040 and 860-027-0041 The Commission will not grant a request by a large telecommunications utility for a waiver of OAR 860-027-0040 or 860-027-0041 for any transactions that…

860-027-0045 Uniform System of Accounts for Electric Utilities — Major and Nonmajor (1) The Uniform System of Accounts prescribed for Public Utilities and Licensees, Part 101, Chapter 1, 18 Code of Federal Regulations (April 1, 2013, edition) is hereby adopted and prescribed by t…

860-027-0048 Allocation of Costs by an Energy Utility (1) As used in this rule: (a) "Affiliate" means a corporation or person who has an affiliated interest, as defined in ORS 757.015, with an energy utility; (b) "Approved rates" means rates established by the Commission or FERC;…

860-027-0050 Uniform System of Accounts for Large Telecommunications Utilities (1) The Uniform System of Accounts for Telecommunications Companies, Part 32, adopted by the Federal Communications Commission (FCC) on February 6, 2002, is hereby adopted and prescribed for all large …

860-027-0052 Allocation of Costs by a Large Telecommunications Utility (1) As used in this rule: (a) "Affiliate Transaction" means a transfer of assets, a sale of supplies, or a sale of services between accounts for regulated activities of a large telecommunications utility and a…

860-027-0055 Uniform System of Accounts for Gas Utilities — Major and Nonmajor (1) The Uniform System of Accounts prescribed for Natural Gas Companies, Part 201, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission …

860-027-0065 Uniform System of Accounts for Steam Heat Utilities — Class A, B, and C The Uniform System of Accounts for Public Utilities and Licensees, Part 101, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission …

860-027-0070 Annual Report Requirements for Electric, Gas, Steam Heat, and Large Telecommunications Utilities (1) Annual Reports must be submitted by electric, gas, and steam heat utilities. The report must be submitted on or before May 1, using the most current forms approved by…

860-027-0100 Reporting of Affiliated Transactions (1) On forms approved and provided by the Commission: (a) By June 1, all energy utilities shall file with the Commission a report of all affiliated interest, intercompany, and intracompany transactions which occurred during the pe…

860-027-0120 Preservation and Destruction of Records (1) Electric Companies. Preservation of Records of Public Utilities and Licensees, Part 125, Chapter 1, 18 Code of Federal Regulations (April 1, 2001, edition) is hereby adopted and prescribed by the Commission for each electri…