Oregon Administrative Code

860-036-1650 Adequate Water Pressure Required (1) A water utility must maintain adequate water pressure. In general, water pressure measuring between 45 and 80 pounds per square inch in the water mains is adequate for the purpose of this rule. However, adequate pressure may vary …

860-036-1660 Customer Requested Pressure Test (1) A customer may request the water utility to perform a water pressure test. The first test in a 12-month period is free of charge and must be completed within seven calendar days. If the customer requests an additional pressure tes…

860-036-1670 Water Use Restrictions (1) In times of water shortages, a water utility may restrict water usage after providing written notice to its customers and the Consumer Services Section. In addition, the notice must be posted in the water utility's office and on its website…

860-036-1680 Cross Connection Control (1) All customers must comply with the water utility’s Cross Connection Control Program to protect the water system from contamination. A customer's failure to comply is grounds for disconnection under OAR 860-036-1500. (2) The water utility’…

860-036-1690 Maps and Records (1) A water utility must prepare current maps and records of the entire plant showing size, location, character, and date of installation of major plant items, including but not limited to pumps, reservoirs, main lines, distribution lines, and valves…

860-036-1700 Appointment of Regent to Operate and Manage a Water System If the Commission determines that a water utility's ownership or management results in inadequate service, threatens the health or safety of the customers, or threatens the financial viability of the water ut…

860-036-1710 Expenditure of Charges Collected Under ORS 756.310 to Make Emergency Repairs (1) The Commission may use up to $5,000 per biennium of the charges collected under ORS 756.310 to make emergency repairs for water utilities. The Commission may expend monies under the prov…

860-036-1720 Commission-Assessed Civil Penalties for Noncompliance (1) In addition to any other penalty provided by law, the Commission may impose a civil penalty not to exceed $500 per day for each violation of Commission statute, rule, or order as provided in ORS 757.994. (2) T…

860-036-1800 Service Territory Allocation Definitions For purposes of service territory allocation OAR 860-036-1800 through 860 036-1850: (1) "Allocated territory" means an approved area with boundaries set out by Commission order granting an exclusive service territory. (2) "Com…

860-036-1810 Allocation of Service Territory (1) Any water utility may apply for an order designating the territory it serves adequately and exclusively as its exclusive service territory. The application must include: (a) The information required by OAR 860-036-1100(2); (b) The …

860-036-1820 Filing an Application to Expand Exclusive Service Territory (1) A water utility may apply to expand its designated service territory to serve an area not currently being provided water service by filing an application under ORS 758.302(2). The application must includ…

860-036-1830 Reduction of Approved Service Territory Boundaries (1) A water utility may apply to decrease its designated service territory. The application must demonstrate that the water utility is not providing adequate service to its customers or does not have the capacity to …

860-036-1840 Transfer of Approved Service Territory (1) The rights acquired by an approved service territory may be transferred only with the approval of the Commission. The application must include: (a) The application requirements as provided in OAR 860-036-1810; (b) Evidence d…

860-036-1850 Exclusive Obligation to Serve (1) A water utility has an obligation to serve all applicants for service within its designated territory and may only refuse service as provided in OAR 860-036-1270. (2) A water utility or community water supply system may not provide w…

860-036-1900 Regulation of Water Utilities (1) Except as provided in section (2) and (3) of this rule, a water utility serving less than 500 customers is not subject to Commission regulation and need not pay an annual revenue fee. (2) A water utility serving less than 500 custome…

860-036-1910 Threshold Levels for Rate Regulation of Water Utilities Serving less than 500 Customers A water utility serving less than 500 customers must notify its customers of the right to petition for rate regulation if it proposes to charge residential or commercial customers…

860-036-1920 Notice Requirements and Customers Right to Petition for Rate Regulation (1) If a water utility that serves less than 500 customers and is not rate regulated seeks to increase its rates to a level that exceeds a threshold established in OAR 860-036-1910, the water uti…

860-036-1930 Petition for Rate Regulation of Association by Members (1) For purposes of this rule, "association" means an association of individual members that owns, operates, provides, manages, or controls a water system that provides water service to only its members. (2) Curr…

860-036-1940 Water Utility Requesting Rate Regulation and Notice Requirements (1) A water utility serving fewer than 500 customers may request to be rate regulated by the Commission. The water utility must electronically file a letter of application specifically stating that it i…

860-036-1950 Removal of Rate Regulation (1) When a rate-regulated water utility is reorganized through the sale, merger, or transfer of the water system or the transfer of all the water utility’s customers to a non-jurisdictional entity, the rate-regulated water utility no longer…

860-036-2000 Tariff Filings (1) All rate-regulated water utilities must file all proposed rate schedules, charges, special contracts, and the water utility’s rules and regulations relating to the provision of water service. (2) A filing may request approval of individual revised …

860-036-2010 Tariff Content and Advice Letter (1) Tariffs must be written using Commission-provided tariff forms and must be accompanied by an Advice Letter. Forms required under this rule are available at the Commission’s water web page at http://www.puc.state.or.us/Pages/water/…

860-036-2020 Filing a General Rate Revision (1) A general rate revision is a filing by a water utility that affects all or most of the water utility’s rate schedules, but does not include changes in automatic adjustment clauses under ORS 757.201(1) or similar changes in one rate …

860-036-2030 Customer Notice Requirements for a General Rate Revision (1) After electronically filing a general rate revision, the water utility must provide a separate written notice of the filing to all customers within 15 calendar days of the date the general rate revision was…

860-036-2100 Form and Filing of Financial Transaction Applications (1) All applications submitted to the Commission must be filed electronically with the Commission's Filing Center. To file an application, attach the application and all required documents to an electronic mail me…

860-036-2110 Application to Terminate, Abandon, or Dispose of a Water System (1) All water utilities must obtain Commission approval to terminate, abandon, or dispose of a water system. The water utility must file an application using the form available at http://www.puc.state.or…

860-036-2120 Application to Dispose of or Acquire Property (1) Water utilities must obtain Commission approval to sell, lease, assign, or otherwise dispose of the whole of the property of such necessary or useful in performance of its duties, or any part thereof with a value in e…

860-036-2130 Acquisition Adjustment (1) When seeking to acquire all or part of a water utility, the applicant may request that some or all of the difference between the net book value and the purchase price be included in the purchasing utility's rate base. (2) The Commission wil…

860-036-2140 Filing for Approval of a Special Contract A rate-regulated water utility may file a special contract tariff to establish a rate, service, or practice that is not covered by or permitted in the water utility's general tariffs, schedules, or rules. A special contract t…

860-036-2150 Application for Authority to Issue Stocks, Bonds, Notes, or Other Securities An application by a rate-regulated water utility to issue securities under ORS 757.405 to 757.435 inclusive, 757.445, and 757.450, must comply with rules set forth in OAR 860-027-0030 govern…

860-036-2160 Application for Authority to Guarantee Indebtedness An application by a rate-regulated water utility to assume any obligation or liability as guarantor, endorser, surety or otherwise must comply with rules set forth in OAR 860 027-0035 governing energy and telecommun…

860-036-2170 Use of Deferred Accounting An application by a rate-regulated water utility to defer amounts under ORS 757.259 must comply with rules set forth in OAR 860-027-0300 governing energy and telecommunication utilities. Statutory/Other Authority: ORS 183, 756 & 757 Statute…

860-036-2200 Affiliated Interest Definitions As used in rules OAR 860-036-2200 through OAR 860-036-2230: (1) "Affiliate" means a corporation or person who has an affiliated interest, as defined in ORS 757.015, with a water utility; (2) "Affiliate transaction" means a transfer of …

860-036-2210 Applications to Receive or Provide Goods or Services with an Affiliated Interest (1) A rate-regulated water utility must seek Commission approval to contract to provide or receive services, directly or indirectly, with an affiliated interest using the form available …

860-036-2220 Application for Waiver of Requirements under OAR 860-036-2210 The Commission will not waive the requirements of OAR 860-036-2210 for any rate-regulated water utility transactions exceeding 0.1 percent of the previous calendar year’s Oregon utility operating revenues …

860-036-2230 Allocation of Costs (1) For purposes of this rule, regulated and nonregulated activities of a water utility must be accounted for using the Uniform System of Accounts for Water Utilities published by the National Association of Regulatory Utility Commissioners as mod…

860-036-2300 Relating to City Charges, Taxes, and Other Exactions (1) A rate-regulated water utility may recover the aggregate amount of all business or occupation taxes, licenses, franchise or operating permit charges, or other similar exactions imposed by any city in Oregon for…

860-036-2310 Relating to Local Government Charges, Taxes, and Other Assessments (1) A rate-regulated water utility must collect from customers located within a county or portion thereof, the following amounts imposed by a county in Oregon, other than a city-county: (a) Any licens…

860-036-2350 Annual Report of Results of Operations (1) By May 1 of each year, all rate-regulated water utilities must submit a financial Annual Report of Results of Operations for the preceding calendar year using the current form approved by the Commission. The annual report fo…

860-036-2360 Annual Affiliated Interest Report (1) By June 1 of each year, all rate-regulated water utilities having an affiliated interest transaction occurring during the period from January 1 through December 31 of the immediately preceding year must file an Affiliated Interes…

860-036-2370 Uniform System of Accounts All rate-regulated water utilities must conform to the Commission’s Uniform System of Accounts for water utilities for ratemaking purposes. The Commission’s Uniform System of Accounts is a modified version of the National Association of Reg…

860-036-2380 Accounting for Contributions in Aid of Construction (CIAC) (1) This rule applies to rate-regulated water utilities. (2) CIAC is any money, services or property received by a water utility to fund capital investments at no cost to the company and with no obligation to…

860-036-2390 Accounting for Construction Work in Progress (CWIP) (1) This rule applies to rate-regulated water utilities. (2) CWIP is an accounting treatment for capital improvement projects under construction, but not yet placed in service. The treatment allows rate-regulated wa…

860-036-2410 Preservation and Destruction of Records All rate-regulated water utilities must conform to the Commission’s Preservation of Records for Water Utilities available at https://www.oregon.gov/puc/forms/Forms%20and%20Reports/Preservation-of-Records-FM766.pdf. Statutory/Ot…

860-037-0001 Scope and Applicability of Rules (1) Upon request or its own motion, the Commission may waive any of the Division 037 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. (2) The rules contained in this…

860-037-0005 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 & 757 Statutes/Other Implemented: ORS 756.040, 75…

860-037-0010 Definitions As used in this division: (1) "Actual cost" means the direct cost of parts, materials, and labor of a specific item or project separated from indirect costs. (2) "Applicant" means a person that: (a) Applies for service with a wastewater utility; or (b) Re…

860-037-0015 Information for Customers and Applicants (1) Upon request, the wastewater utility shall furnish customers or applicants with such information as is reasonable to permit such customers to secure efficient service. (2) A wastewater utility shall keep on file and open f…

860-037-0020 Designation of Third Party to Receive Notices A wastewater utility shall offer its customer or applicant the option to designate a third party to receive bills and notices set forth in these rules. When a wastewater utility receives such designation, it shall send bi…

860-037-0025 Dispute Resolution (1) When a dispute occurs between a customer or applicant and a wastewater utility about any charge or service, the wastewater utility must: (a) Thoroughly investigate the matter; (b) Promptly report the results of its investigation to the complain…