Oregon Administrative Code

860-030-0000 Exemptions (1) Except as provided in section (2) of this rule, the rules contained in this Division do not apply to unincorporated associations and cooperative corporations or to investor-owned electric utilities that satisfy their public purpose obligations under OR…

860-030-0005 Energy Information and Audit Services (1) As used in division 30, the terms "cash payment," "commercial lending institution," "Commission," "cost-effective," "director," "dwelling," "dwelling owner," "energy audit," "energy conservation measure," "investor-owned util…

860-030-0007 Gas Utility Avoided Costs (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 cos…

860-030-0010 Cost Effectiveness (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'…

860-030-0011 Avoided Cost Data Reporting for Energy Efficiency (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 c…

860-030-0013 Approval of EE Avoided Costs for Energy Efficiency Measures 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 C…

860-030-0015 Residential Energy Conservation Financing (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, conditi…

860-030-0018 Rental Unit Additional Financing (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…

860-030-0020 Certain Energy Conservation Measures Excluded from Financing 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.…

860-030-0025 Assurance of Work Quality (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 performan…

860-030-0035 Accounting Rules (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 ut…

860-030-0040 Commercial Energy Conservation 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 La…

860-030-0045 Definitions for Energy Conservation 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 th…

860-030-0050 Commercial Energy Audit Programs (1) Each energy utility shall be responsible, to the extent possible, for ensuring that the services required by these rules are offered to all commercial building customers within its service territory and the services are provided t…

860-030-0055 Coordination of Utilities (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…

860-030-0060 Fees 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…

860-030-0070 Reporting Requirements (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 recomm…

860-030-0075 Accounting (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 r…

860-031-0001 Applicability The rules contained in this division apply to all pipeline operators identified in ORS 757.039. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.039 & 759.039 History: PUC 3-1999, f. & cert. ef. 8-10-99

860-031-0005 Inspection of Gas Pipeline Operator Facilities (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…

860-031-0010 Verbal Notice of Probable Violation to a Gas Pipeline Operator 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 proba…

860-031-0015 Written Notice of Probable Violation to a Gas Pipeline Operator (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 probabl…

860-031-0020 Responses Open to the Gas Pipeline Operator (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…

860-031-0025 Informal Conference for a Probable Violation by a Gas Pipeline Operator 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…

860-031-0030 Referral to the Commission of a Probable Violation by a Gas Pipeline Operator 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 Commi…

860-031-0035 Civil Penalties (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 pen…

860-031-0040 Waivers of Gas Pipeline Safety Standards (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 in…

860-032-0000 Waiver 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. Statutory/Other Authority: ORS. 756.040 Statutes/Other Implem…

860-032-0001 Definitions for Telecommunications 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 tel…

860-032-0002 Notice and Procedures for a Proceeding Initiated Under Division 032 (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 provider…

860-032-0005 Application for New or Amended Certificate of Authority, or to Transfer Authority (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 Commi…

860-032-0007 Conditions of Certificates of Authority 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 uti…

860-032-0008 Failure to File Information or Pay the Annual Fee (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 penal…

860-032-0010 Classification of Applicants as Telecommunications Providers (1) Pursuant to ORS 759.020, there shall be two classifications of telecommunications providers: (a) Telecommunications utility; and (b) Competitive provider. (2) The Commission shall classify an applicant …

860-032-0011 Advertisements by Competitive Providers 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 foll…

860-032-0012 Retail Telecommunications Service Standards for Competitive Telecommunications Providers Every large telecommunications utility, as defined in OAR 860-023-0001(2), must adhere to the standards in OAR 860-023-0055. Every small telecommunications utility, as defined in…

860-032-0013 Uncertified Telecommunications Providers (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 telecommunicat…

860-032-0015 Cancellation or Suspension of a Telecommunications Provider’s Certificate (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 cont…

860-032-0020 Abandonment of Service (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 tele…

860-032-0023 Price List Petitions (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…

860-032-0025 Petition to Exempt Services from Regulation (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 fin…

860-032-0035 Petition to Price List Telecommunications Utility Services (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 descr…

860-032-0040 Subsidies for Telecommunications Service (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-quali…

860-032-0045 Petitions for Alternative Access by Customers of Shared Telecommunications Service Providers (1) Any person whose only access to local exchange telecommunications service is a shared service provider may petition the Commission for an order requiring the shared servi…

860-032-0050 Petition for a Declaratory Ruling that a Service Is Not Subject to Regulation Any person may file a petition requesting a ruling whether a service is subject to regulation by the Commission. The petition shall contain the following information: (1) The petitioner’s n…

860-032-0060 Reporting Requirements for Telecommunications Providers The purpose of this rule is to provide the Commission with accurate information in order to carry out the Legislative policy of ORS 759.015. (1) The books and records of all telecommunications providers shall be…

860-032-0070 Confidential Information Submitted by Local Exchange Telecommunications Utilities and Cooperatives (1) Except as provided in section (2) of this rule, the following information, submitted or filed with the Commission by a local exchange telecommunications utility or …

860-032-0080 Definition of Gross Retail Intrastate Revenue for Purposes of Annual Fees Payable to the Commission by a Telecommunications Provider "Gross retail intrastate revenue" means the total amount derived from intrastate retail service. Gross revenue, as defined by generall…

860-032-0090 Allocation of Revenues by a Telecommunications Provider (1) Each telecommunications provider shall allocate total Oregon revenues between gross retail intrastate revenues from telecommunications services and other revenues for each subject year. (2) Each telecommunic…

860-032-0095 Annual Fees Payable to the Commission by a Competitive Provider (1) On statement forms prescribed by the Commission, each competitive provider must provide the requested information for the subject year. (2) Each competitive provider must pay to the Commission an ann…