Oregon Administrative Code

860-027-0175 Energy Utility Reporting Requirements Relating to Major Shareholders (1) As used in this rule: (a) "Beneficial owner(ship)” has the meaning defined in 17 CFR § 240.13d-3 (April 1, 2009). (b) "Board member” means a member of the board of directors of an energy utility…

860-027-0200 Energy Utility Acquisition In addition to the information required by ORS 757.511, any person filing an application pursuant to that statute, shall also provide: (1) The information required by OAR 860-027-0030(1)(a) through (d), inclusive; (2) A schedule detailing t…

860-027-0300 Use of Deferred Accounting by Energy and Large Telecommunications Utilities (1) As used in this rule: (a) "Amortization" means the inclusion in rates of an amount which has been deferred under ORS 757.259 or 759.200 and which is designed to eliminate, over time, the …

860-027-0310 Cost-Effective Conservation Resources (1) As used in this rule: (a) “Conservation” means any reduction in electric power or natural gas consumption as the result of increases in efficiency of energy use, production, or distribution. Conservation also includes cost-ef…

860-027-0350 Depreciation Study Requirements for Energy Utilities (1) As used in this rule, a “depreciation study” means a study by an energy utility sufficient to allow the Commission to determine the proper and adequate rates of depreciation of the several classes of property o…

860-028-0000 Applicability (1) The rules contained in this Division apply to every pole or conduit owner and every pole or conduit occupant, as defined in OAR 860-028-0020. (2) Upon request or its own motion, the Commission may waive any of the division 28 rules for good cause sh…

860-028-0020 Definitions for Pole and Conduit Attachment Rules For purposes of this Division: (1) “Attachment” has the meaning given in ORS 757.270 and 759.650. (2) “Authorized attachment space” means the usable space occupied by one or more attachments on a pole by an occupant w…

860-028-0050 General (1) OAR chapter 860 division 28 governs access to utility poles, conduits, and support equipment by occupants in Oregon. (2) OAR chapter 860, division 28 is intended to provide just and reasonable provisions when the parties are unable to agree on certain ter…

860-028-0060 Attachment Contracts (1) Any entity requiring pole attachments to serve customers should be allowed to use utility poles, ducts, conduits, rights-of-way, manholes, handholes, or other similar facilities jointly, as much as practicable. (2) To facilitate the joint use…

860-028-0070 Resolution of Disputes for Proposed New or Amended Contractual Provisions (1) This rule applies to a complaint alleging a violation of ORS 757.273, 757.276, 757.279, 757.282, 759.655, 759.660, or 759.665. (2) In addition to the generally applicable filing and contest…

860-028-0080 Costs of Hearing in Attachment Contract Disputes (1) When the Commission issues an order in an attachment contract dispute that applies to a consumer-owned utility, as defined by ORS 757.270, the order must also provide for payment by the parties of the cost of the h…

860-028-0100 Application Process for New or Modified Attachments (1) As used in this rule, “applicant” does not include a government entity. (2) An applicant requesting a new or modified attachment must submit an application providing the following information in writing or elect…

860-028-0110 Rental Rates and Charges for Attachments by Licensees to Poles Owned by Public Utilities, Telecommunications Utilities, and Consumer-Owned Utilities (1) This rule applies whenever a party files a complaint with the Commission pursuant to ORS 757.270 through 757.290 o…

860-028-0115 Duties of Structure Owners (1) An owner must install, maintain, and operate its facilities in compliance with Commission Safety Rules. (2) An owner must establish, maintain, and make available to occupants its joint use construction standards for attachments to its p…

860-028-0120 Duties of Pole Occupants (1) Except as provided in sections (2) and (3) of this rule, a pole occupant attaching to one or more poles of a pole owner must: (a) Have a written contract with the pole owner that specifies general conditions for attachments on the poles o…

860-028-0130 Sanctions for Having No Contract (1) Except as provided in section (2) of this rule, a pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0060(2). The sanction may not exceed $500 per pole. This rule does not apply to: (a) A pole …

860-028-0140 Sanctions for Having No Permit (1) Except as provided in section (3) of this rule, a pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0120(1)(b), except as provided in 860-028-0120(3). (2) Sanctions imposed under this rule may n…

860-028-0150 Sanctions for Violation of Other Duties (1) A pole owner may impose a sanction on a pole occupant that is in violation of OAR 860-028-0120(1)(c), (1)(d), or (3). Sanctions imposed for these violations may not exceed $200 per pole. (2) A pole owner may impose a sancti…

860-028-0160 Choice of Sanctions (1) If a pole owner contends that an attachment of a pole occupant violates more than one rule that permits the pole owner to impose a sanction, then the pole owner may select only one such rule on which to base the sanction. (2) If a pole owner h…

860-028-0170 Plans of Correction (1) A plan of correction must, at a minimum, set out: (a) Any disagreement, as well as the facts on which it is based, that the pole occupant has with respect to the violations alleged by the pole owner in the notice; (b) The pole occupant's sugge…

860-028-0180 Removal of Occupant Pole Attachments (1) If the pole occupant fails to meet the time limitations set out in OARs 860-028-0120, 860-028-0130, 860-028-0140, or 860-028-0150 by 180 or more days, then the pole owner may request an order from the Commission authorizing re…

860-028-0190 Notice of Violation A pole owner that seeks, under these rules, any type of relief against a pole occupant for violation of OAR 860-028-0120 must provide the pole occupant notice of each attachment allegedly in violation of the rule, including the provision of the ru…

860-028-0195 Time Frame for Final Action by Commission The Commission shall issue its final order within 360 days of the date a complaint is filed in accordance with these rules. This rule does not apply to a complaint involving the attachment(s) of an “incumbent local exchange c…

860-028-0200 Joint-Use Association (1) Pole owners and pole occupants shall establish a Joint-Use Association (JUA). The Association shall elect a Board from the JUA, which shall include representatives of pole owners, pole occupants, and government entities. The Board shall act …

860-028-0210 Resolution of Disputes over Plans of Correction (1) If a pole occupant and a pole owner have a dispute over the reasonableness of the plan of correction, then either party may request an order from the Commission to resolve the dispute. The party requesting resolutio…

860-028-0220 Resolution of Factual Disputes (1) If a pole occupant and pole owner have a dispute over facts that the pole occupant and pole owner must resolve so that the pole owner can impose appropriate sanctions, or in the event that a pole occupant is alleging that a pole own…

860-028-0230 Pole Attachment Rental Reductions (1) Except as provided in section (3), a licensee must receive a rental reduction. (2) The rental reduction must be based on ORS 757.282(3) and applicable administrative rules. (3) A pole owner or the Commission may deny the rental r…

860-028-0310 Rental Rates and Charges for Attachments by Licensees to Conduits Owned by Public Utilities, Telecommunications Utilities, and Consumer-Owned Utilities (1) This rule applies whenever a party files a complaint with the Commission pursuant to ORS 757.270 through 757.29…

860-029-0001 Purpose The purpose of this Division is to implement ORS 758.505 through 758.555 and to implement regulations relating to electric utilities and qualifying cogeneration and small power production facilities as provided under Section 210 of the federal Public Utility …

860-029-0005 Applicability of Rules (1) These rules apply to all interconnection, purchase, and sale arrangements between a public utility and facilities that are qualifying facilities as defined herein. Provisions of these rules do not supersede contracts existing before the eff…

860-029-0010 Definitions for Division 029 Rules (1) "AC" means alternating current. (2) "Avoided costs" means the electric utility’s incremental costs of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, the ele…

860-029-0020 Obligations of Qualifying Facilities to the Electric Utility The conditions listed in this rule apply to all qualifying facilities that sell electricity to a public utility under this Division: (1) The owner or operator of a qualifying facility purchasing or selling …

860-029-0030 Obligations of the Public Utility to Qualifying Facilities (1) Obligations to purchase from qualifying facilities: Each public utility must purchase, in accordance with OAR 860-029-0040, any energy and capacity in excess of station service (power necessary to produce…

860-029-0040 Rates for Purchases (1) Rates for purchases by public utilities must: (a) Be just and reasonable to the public utility’s customers and in the public interest; and (b) Be in accordance with this rule, regardless of whether the public utility making such purchases is s…

860-029-0043 Standard Rates for Purchase (1) Each public utility must offer standard non-renewable avoided cost rates to eligible qualifying facilities. (2) Each public utility that acts to comply with Oregon's renewable portfolio standard must offer standard renewable avoided co…

860-029-0044 Allocation of Costs to Related Deliveries from Off-system Qualifying Facilities (1) If the merchant function of the purchasing public utility has access to information that the proposed Point of Delivery in an off-system qualifying facility's request for a draft stan…

860-029-0045 Eligibility for Standard Avoided Cost Prices and Purchase Agreements (1) Solar qualifying facilities with a Nameplate Capacity Rating of 3 MW and less, and all other qualifying facilities with a Nameplate Capacity Rating of 10 MW and less, are eligible for standard a…

860-029-0046 Process for Procuring Standard Power Purchase Agreement (1) Each public utility must file with the Commission a schedule outlining the process for acquiring a standard power purchase agreement that is consistent with the provisions of OAR 860 division 029 and Commiss…

860-029-0047 Integration Charges (1) Each public utility may assess Commission-approved integration charges on wind and solar qualifying facilities that are located within the public utility's Balancing Authority Area. (2) The public utility bears the burden to establish the prop…

860-029-0050 Rates for Sales (1) Rates for sales by public utilities must: (a) Be just and reasonable and in the public interest; and (b) Not discriminate against qualifying facilities. (2) Rates for sales that are based on accurate data and consistent, system-wide costing princi…

860-029-0060 Obligation to Pay and Reimbursement of Interconnection Costs (1) Interconnection costs are the responsibility of the owner or operator of the qualifying facility. Interconnection costs that may reasonably be incurred by the public utility will be assessed against a q…

860-029-0070 System Emergencies (1) Qualifying facility’s obligation to provide power during system emergencies: A qualifying facility is required to provide energy and capacity to a public utility during a system emergency only to the extent: (a) Provided by agreement between su…

860-029-0080 Electric Utility System Cost Data (1) Each public utility must provide sufficient data concerning its avoided costs and costs of interconnection to allow the owner or operator of a qualifying facility to estimate, with reasonable accuracy, the payment it could receiv…

860-029-0085 Requirements for Standard Avoided Cost Rates (1) Each public utility must file with the Commission standard avoided cost rates within 30 days of a Commission decision regarding acknowledgement of the public utility's integrated resource plan. (2) Each public utility …

860-029-0100 Resolution of Disputes for Proposed Negotiated Power Purchase Agreements (1) This rule applies to a complaint, filed pursuant to ORS 756.500, regarding the negotiation of a Qualifying Facility power purchase agreement for facilities with a capacity greater than the e…

860-029-0120 Standard Power Purchase Agreements (1) Each public utility must offer standard power purchase agreements to eligible qualifying facilities. Each public utility must submit all forms of standard power purchase agreements to the Commission for approval. (2) Qualifying …

860-029-0121 Delivery and Purchase under Standard Power Purchase Agreement (1) Commencing on the earlier of the commercial operation date or the scheduled commercial operation date of the standard power purchase agreement and continuing until the end of the purchase period, the q…

860-029-0123 Default, Damages, and Termination (1) The following events, if uncured within the applicable cure period, may constitute a default by the qualifying facility under a standard power purchase agreement for which the purchasing utility may terminate the power purchase a…

860-029-0124 Coordination between Qualifying Facility and Public Utility under Standard Power Purchase Agreements (1) Coordination with System. The qualifying facility's delivery of electricity to the purchasing public utility under a standard power purchase agreement must be at …

860-029-0130 Nonstandard Power Purchase Agreements (1) Each public utility must offer nonstandard avoided cost rates and nonstandard power purchase agreements to all qualifying facilities directly or indirectly interconnected with the public utility. (2) Qualifying facilities hav…