Oregon Administrative Code

860-037-0517 Acquisition Adjustment (1) A wastewater utility may file a petition with the Commission for approval of an acquisition adjustment for acquiring a wastewater utility. The approval and determination of an acquisition adjustment is at the sole discretion of the Commissi…

860-037-0520 Application by a Wastewater Utility for Authority to Issue Wastewater Stocks, Bonds, Notes, or Other Securities (1) This rule applies to wastewater utilities seeking authority under ORS 757.495, 757.405 to 757.435 inclusive, 757.445, and 757.450. Every applicant shal…

860-037-0525 Applications for Authority to Guarantee Indebtedness (1) The requirements of this rule apply to wastewater utilities seeking authority under ORS 757.440. Every applicant shall set forth in its application to the Commission, in the manner and form indicated, the follo…

860-037-0530 Applications for Approval of Transactions Between Affiliated Interests (1) Except as provided in section (3) of this rule, the requirements of this rule apply to all wastewater utilities seeking authority under ORS 757.490 and 757.495. An application for financing to…

860-037-0535 Information Required Regarding Wastewater Utility Goods or Services Provided to Affiliated Interests (1) Except as provided in section (4) of this rule, this rule applies to wastewater utilities seeking to provide, or contracting to provide, directly or indirectly, t…

860-037-0540 Timeliness of Applications Made Under OAR 860-037-0530 and Filings Made Under OAR 860-037-0535 An application made under OAR 860-037-0530 and a filing made under 860-037-0535 shall occur no later than 90 days after the execution of the contract giving rise to the app…

860-037-0545 Applications for Waiver of Requirements Under OARs 860-037-0530 and 860-037-0535 The Commission will not waive the requirements of OAR 860-037-0530 or 860-037-0535 for any transactions exceeding 0.1 percent of the previous calendar year’s Oregon utility operating rev…

860-037-0547 Allocation of Costs by a Wastewater 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 a wastewater utility; (b) “Affiliate transaction” means a transfer of assets, a sale of…

860-037-0550 Special Contracts (1) Wastewater utilities within Oregon entering into special contracts with certain customers prescribing and providing wastewater rates, services, and practices not covered by or permitted in the general tariffs, schedules, and rules filed by such …

860-037-0555 Relating to City Fees, Taxes, and Other Assessments (1) The aggregate amount of all business or occupation taxes, licenses, franchise or operating permit fees, or other similar exactions imposed upon wastewater utilities by any city in Oregon for engaging in wastewat…

860-037-0560 Relating to Local Government Fees, Taxes, and Other Assessments (1) If any county in Oregon, other than a city-county, imposes upon a wastewater utility any new taxes or license, franchise, or operating permit fees, or increases any such taxes or fees, the wastewater…

860-037-0565 Accounting for Director’s Fees Director’s fees paid by a wastewater utility to members of its board of directors, who are also paid as officers of the utility, shall not be recognized as a charge to operating expenses in Oregon. Statutory/Other Authority: ORS 183, 75…

860-037-0567 Accounting for Contributions in Aid of Construction (CIAC) (1) CIAC are contributions in any form including, but not limited to, cash, services, or utility plant on a separate schedule. The utility must identify the type of contribution, original cost, and utility pl…

860-037-0570 Accounting for Construction Work In Progress (CWIP) This rule applies to wastewater utilities that provide service inside the boundaries of a city. The Commission may allow into rates the costs of a specific capital improvement project in progress if: (1) The wastewa…

860-037-0605 Preservation and Destruction of Records The Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities, April 1974, revised May 1985, published by the National Association of Regulatory Utility Commissioners as applicable for wastewater ut…

860-037-0610 Uniform System of Accounts for Wastewater Utilities The Uniform System of Accounts for Class A Water Utilities, 1996, published by the National Association of Regulatory Utility Commissioners, is hereby adopted as modified and prescribed by the Commission for all was…

860-037-0625 Annual Reports On forms approved and provided by the Commission, all wastewater utilities shall submit: (1) A financial Result of Operations annual report for the immediately preceding year, by April 1. (2) A report of all affiliated interest, intercompany, and intra…

860-037-0630 Use of Deferred Accounting as it Applies to Wastewater Operations by Wastewater Utilities (1) Definitions: The following definitions shall be used in this rule: (a) "Amortization" means the inclusion in rates of an amount that has been deferred under ORS 757.259 and …

860-038-0001 Scope and Applicability of Rules (1) The rules contained in this division apply to electric companies and electricity service suppliers, except that these rules do not apply to an electric company serving fewer than 25,000 consumers in this state unless the electric …

860-038-0005 Definitions for Direct Access Regulation As used in this Division: (1) "Above-market costs of new renewable energy resources" means the portion of the net present value cost of producing power (including fixed and operating costs, delivery, overhead, and profit) from…

860-038-0080 Resource Policies and Plans (1) The Commission adopts the following policies with respect to the Oregon share of generating resources (generating assets and power purchase contracts with a duration of at least one year) of each electric company: (a) At such time as t…

860-038-0100 Auction Process (1) Each electric company must follow the process provided in sections (2) and (3) of this rule for all generating resources, or portions thereof, that it intends to sell pursuant to the Resource Plan, unless it presents to the Commission, and the Com…

860-038-0140 Ongoing Valuation (1) An electric company may use an ongoing valuation method to determine the transition costs or transition credits applicable to Oregon cost-of-service consumers until otherwise directed by the Commission. Except in the circumstances set forth in O…

860-038-0160 Transition Costs and Credits (1) Except as provided for in OAR 860-038-0080(6), each Oregon retail electricity consumer of an electric company will receive a transition credit or pay a transition charge equal to 100 percent of the net value of the Oregon share of all…

860-038-0170 Non-bypassable Charges (1) In determining whether a cost is appropriate for recovery as a non-bypassable charge, the Commission shall consider the following factors: (a) whether it is required by statute: (b) whether it is an uneconomic cost of implementing a public …

860-038-0200 Unbundling (1) This rule is designed to ensure compliance with ORS 757.642 by directing electric companies to separately identify their embedded costs on a function-by-function basis. The electric company must unbundle its costs in a manner that facilitates the devel…

860-038-0220 Portfolio Options (1) An electric company must provide each residential consumer who is connected to its distribution system with a portfolio of product and pricing options. An eligible customer may enroll in or exit renewable resource options at any time, subject to…

860-038-0240 Cost-of-Service Rate (1) After March 1, 2002, an electric company must provide a cost-of-service rate option to cost-of-service consumers. Only one cost-of-service rate option may be offered by schedule to each class of consumers. (2) Unless a new residential or smal…

860-038-0250 Nonresidential Standard Offer (1) By March 1, 2002, each electric company shall provide one or more standard offer rate options to large nonresidential retail electricity consumers and one or more standard offer rate options to small nonresidential consumers. Each el…

860-038-0260 Direct Access (1) By March 1, 2002, an electric company must allow nonresidential consumers to choose direct access. (2) An electric company must develop direct access rates as follows: (a) The direct access rates must be based on the unbundled costs identified throu…

860-038-0275 Direct Access Annual Announcement and Election Period (1) On November 15 of each year (or the next business day if November 15 falls on a Saturday, Sunday, or legal holiday as defined by ORS 187.010), each electric company must announce the prices to be charged for e…

860-038-0280 Default Supply (1) Default supply is an alternative available to nonresidential consumers served by direct access. (2) The two types of default supply are emergency as defined in OAR 860-038-0005 and standard offer as defined in OAR 860-038-0250. (3) Each electric co…

860-038-0290 Preferential Curtailment (1) This rule becomes effective June 1, 2024. (2) Except as provided in sections (4), (8), and (9) of this rule, each electric company shall provide preferential curtailment of New Large Load Program participants, as defined in OAR 860-038-07…

860-038-0300 Electric Company and Electricity Service Suppliers Labeling Requirements (1) The purpose of this rule is to establish requirements for electric companies and electricity service suppliers to provide price, power source, and environmental impact information necessary …

860-038-0340 Electric Company Ancillary Services (1) This rule applies to those ancillary services that are not within the exclusive jurisdiction of the Federal Energy Regulatory Commission. (2) The Commission may require an electric company to provide ancillary services to facil…

860-038-0360 Electric Company Customer Metering Requirements (1) The electric company must own/lease, install, test, read, remove, and maintain a customer meter for each retail electricity consumer receiving metered distribution services. (2) The electric company’s meter reading …

860-038-0380 Aggregation (1) For purposes of ensuring compliance with Commission standards for consumer protection, an aggregator must be registered by the Commission to combine retail electricity consumers in the service territory of an electric company into a buying group for t…

860-038-0400 Electricity Service Supplier Certification Requirements (1) An electricity service supplier (ESS) must be certified by the Commission to sell electricity services to consumers. (2) An ESS must be certified as either scheduling or nonscheduling as prescribed in OAR 86…

860-038-0405 ESS Emissions Planning Report (1) From June 1, 2024, through May 30, 2027, each ESS certified pursuant to ORS 757.649 that has sold electricity to retail electricity consumers in Oregon in the previous calendar year or has executed a contract to sell electricity to r…

860-038-0410 Scheduling (1) Each ESS shall be certified as either scheduling or nonscheduling. (2) Each scheduling ESS shall schedule the resources to serve the direct access loads for which it has scheduling responsibility with the appropriate control area operators. Scheduling …

860-038-0420 Electricity Service Supplier Consumer Protection (1) All advertising and marketing activities by electricity service suppliers must be truthful, not misleading, and in compliance with Oregon's Unfair Trade Practices Act (ORS 646.605 through 646.656). (2) No person or…

860-038-0445 Coordination of Supplier Changes and Billing (1) This rule applies to electricity service suppliers and to electric companies providing service options to nonresidential consumers. For purposes of this rule, "supplier" means an electricity service supplier or electri…

860-038-0450 Location of Underground Facilities An ESS and its customers shall comply with requirements of chapter 952 regarding the prevention of damage to underground facilities. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.542 - 75…

860-038-0460 Construction, Safety, and Reporting Standards for Electricity Service Suppliers An ESS shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Impleme…

860-038-0470 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other …

860-038-0480 Public Purposes (1) Each electric company that offers direct access to its retail electricity consumers and each electricity service supplier that provides electricity services to direct access consumers in the electric company's service territory will collect a publ…

860-038-0500 Code of Conduct Purpose The Code of Conduct rules (OAR 860-038-0500 through 860-038-0640) govern the interactions and transactions among the electric company, its Oregon affiliates, and its competitive operations. The Code of Conduct is designed to protect against ma…

860-038-0520 Electric Company Name and Logo An electric company may allow its Oregon affiliates and its competitive operations the use of its corporate name, trademark, brand, or logo in advertisements of specific electricity services to existing or potential consumers located wi…

860-038-0560 Treatment of Competitors (1) An electric company shall treat the competitors of its Oregon affiliates and its competitive operations fairly in all respects and in a manner consistent with the treatment it affords any of its Oregon affiliates or competitive operations…

860-038-0580 Prevention of Cross-subsidization Between Competitive Operations and Regulated Operations (1) Other than information that is routinely made public by an electric company, or for which a tariff has been approved subject to OAR 860-086-0020, an electric company must no…