Oregon Administrative Code

860-085-0600 Project Application Requirements In addition to the information required by ORS 757.539(4)(a)–(k), a Project application must include: (1) General information: (a) A description of how the Project satisfies the minimum eligibility criteria described in ORS 757.539(3)…

860-085-0650 Project Threshold For the purpose of determining whether an application will be subjected to the procedural process described in either ORS 757.539(6) or (7), Tier-1 and Tier-2 Projects are defined as follows: (1) A Tier-1 Project is one that has projected costs that…

860-085-0700 Project Cap Projected costs to ratepayers of all Emission Reduction Projects must not exceed 4 percent of the utility's last approved retail revenue requirement, inclusive of all revenue collected under adjustment schedules. The costs of incentives the utility propos…

860-085-0750 Utility Incentives for Applicable Projects (1) The Commission may grant incentive payments for an Emission Reduction Project. (2) The total costs to ratepayers of all incentives received by the utility may not exceed 25 percent of the project cap specified in 860-085…

860-086-0000 Scope and Applicability of Customer Information Rules (1) OAR 860-086-0020 through 860-086-0040 govern the transfer and use of utility customer information between investor-owned electric or natural gas companies that pay public purposes charges and a nongovernmental…

860-086-0010 Definitions For the purposes of OAR 860-086-0000 through 860-086-0040, (1) “Administrator” means the nongovernmental entity the Commission has designated under ORS 757.612(3)(d). (2) “Affiliate” means a corporation or person who has an affiliated interest, as defined…

860-086-0020 Electric Company Customer Information An electric company must file and maintain a tariff with the Commission that specifies the types of proprietary customer information, along with the prices, terms, conditions, and consent procedures associated with the transfer o…

860-086-0030 Electric Company Transfer of Data (1) This rule applies only to customers with usage less than one average megawatt (aMW) and those customers who elect to opt-in as described in Section (11). (2) An electric company must transfer to the Administrator the following pr…

860-086-0040 Gas Utility Customer Information and Transfer of Data (1) A gas utility that offers energy conservation programs through the Administrator must transfer to the Administrator proprietary customer information for gas utility company customers as follows: (a) If such in…

860-087-0001 Scope and Applicability of Rules (1) The rules in this division prescribe the application and reporting requirements for electric company activities that support transportation electrification (TE) as required by ORS 757.357. (2) Upon request or its own motion, the C…

860-087-0010 Definitions For the purpose of this division: (1) “Electric company” means an electric company as defined in ORS 757.600. (2) “Transportation Electrification Program” means a program proposed as defined in Oregon Laws 2021, chapter 95 Section 4. (3) "Infrastructure m…

860-087-0020 Transportation Electrification Plan (1) This rule prescribes the required elements of an electric company's Transportation Electrification Plan (TE Plan). The objective of the TE Plan is to: (a) Integrate the electric company's transportation electrification actions …

860-087-0030 Transportation Electrification Plan Report An electric company must file an application with the Commission for each program to accelerate transportation electrification. (1) Electric companies must file a TE Plan Report (Report) on or before May 1 of each year. The …

860-088-0005 Scope and Applicability of Community Solar Program Rules (1) OAR 860-088-0005 through 860-088-0190 establish rules governing implementation of a community solar program under Oregon Laws 2016, chapter 28, section 22. (2) Upon request or its own motion, the Commission…

860-088-0010 Definitions For purposes of this Division: (1) “Community Solar Program” is the program for the procurement of electricity by electric companies from community solar projects. (2) “Low-Income Facilitator” is the entity responsible for the duties set forth in OAR 860-…

860-088-0020 Program Administrator (1) The Commission will use a competitive bidding process to select a Program Administrator to administer the Community Solar Program. (2) The duties of the Program Administrator include: (a) Developing jointly with Commission Staff a Program Im…

860-088-0030 Low-Income Facilitator (1) The Commission will use a competitive bidding process to select a Low-Income Facilitator. The Commission may allow the Program Administrator to fulfill the duties of this position or subcontract for this position. (2) The Low-Income Facilit…

860-088-0040 Project Pre-Certification (1) The Project Manager must submit an application for project pre-certification to the Program Administrator. (2) An application for pre-certification must include: (a) Documentation of Project Manager registration; (b) A detailed descripti…

860-088-0050 Project Certification (1) The Project Manager of a pre-certified project must submit an application for project certification to the Program Administrator. (2) The Commission will certify a project that demonstrates: (a) Ownership of, or subscription to, at least 50 …

860-088-0060 Program Capacity Restrictions (1) “Program capacity tier” means the amount of total program capacity eligible for projects participating in an electric company’s service territory. (2) The initial program capacity tier for each electric company is equal to 2.5 percen…

860-088-0070 Project Siting and Requirements (1) To participate in the Community Solar Program, a project must: (a) Be located within the Oregon service territory of an electric company; and (b) Have a nameplate capacity of three megawatts or less. (2) “Co-location” means two or …

860-088-0080 Customer and Low-Income Capacity Requirements (1) At least 50 percent of the nameplate capacity of each project must be allocated exclusively for ownership or subscription by residential and small commercial customers. This is inclusive of the low-income capacity req…

860-088-0090 Participant Eligibility and Limitations (1) Subject to the conditions in this rule, a retail electricity customer of an electric company may acquire an ownership interest in, or subscribe to, one or more projects that are located in the service territory of the elect…

860-088-0100 Consumer Protection Provisions (1) All contracts between Project Managers and participants must contain provisions to protect customers, including terms and conditions regarding: (a) Contract portability and transferability; (b) Transparency of costs, risks, and bene…

860-088-0110 Dispute Resolution (1) Any participant complaints related to the Community Solar Program received by an electric company, the Low-Income Facilitator, the Program Administrator, or the Commission are to be referred initially to the applicable Project Manager for resol…

860-088-0120 Obligations of Electric Companies (1) Upon request from the Program Administrator, an electric company must provide customer electricity account information to the Program Administrator for the purpose of appropriately sizing an ownership interest or subscription in …

860-088-0130 Obligations of Project Managers (1) The Project Manager must register with the Program Administrator. (2) The Project Manager must comply with the standard of conduct established by Commission order. Upon notice of a potential compliance deficiency, the Project Manag…

860-088-0140 Sale and Purchase of Unsold and Unsubscribed Generation (1) Upon project certification, the project’s remaining unsold and unsubscribed generation is eligible for sale subject to the following requirements: (a) Upon request, an electric company must enter into a 20-y…

860-088-0150 Renewable Portfolio Standards and Renewable Energy Certificates (1) Megawatt hours of electricity associated with participant ownership interests or subscriptions will be deducted from the amount of electricity sold by the electric company to retail electricity consu…

860-088-0160 Community Solar Program Funding (1) Start-up costs incurred during the development or modification of the Community Solar Program are recoverable in electric company rates. These costs, which must be reviewed and approved by Commission order, include: (a) Costs assoc…

860-088-0170 Bill Crediting (1) For purposes of this rule: (a) “Bill credit rate” is an amount used to calculate a participant’s monthly bill credit. Unless otherwise determined by Commission order, the bill credit rate for a project will be based on the resource value of solar a…

860-088-0180 Community Solar Program Evaluation (1) Commission Staff will periodically conduct a public workshop with the Program Administrator and Low-Income Facilitator to solicit comment from interested persons on the status of the Community Solar Program. (2) Commission Staff…

860-088-0190 Program Implementation Manual (1) A Program Implementation Manual will be developed jointly by the Program Administrator and Commission Staff through a public process and adopted by Commission order. (2) The Program Implementation Manual will describe and inform the …

860-088-0200 Revocation of Pre-Certification or Certification Upon review of a written complaint, upon recommendation by the Program Administrator, or on its own motion, the Commission may, after reasonable notice and opportunity for hearing, consistent with ORS 183.310(2)(a) and…

860-089-0010 Applicability and Purpose of Division 089 (1) The rules contained in this Division apply to electric companies, and are intended to provide an opportunity to minimize long-term energy costs and risks, complement the integrated resource planning (IRP) process, and est…

860-089-0020 Definitions For purposes of this Division, unless the context requires otherwise: (1) “Benchmark resource” is a resource identified in an electric company’s response to its own request for proposals. (2) “Commission-acknowledged IRP” means an IRP for which the Commis…

860-089-0100 Applicability of Competitive Bidding Requirements (1) An electric company must comply with the rules in this division when it seeks to acquire generating or storage resources or to contract for energy or capcity if any of the following apply: (a) The acquisition is o…

860-089-0200 Engaging an Independent Evaluator (1) Prior to issuing an RFP, an electric company must engage the services of an IE to oversee the competitive bidding process. The IE must be independent of the utility and bidders, and also be experienced and competent to perform al…

860-089-0250 Design of Requests for Proposals (1) For each resource acquisition, the electric company must prepare a draft request for proposals for review and approval by the Commission and provide copies of the draft to all parties to the IE selection docket. Prior to filing th…

860-089-0300 Resource Ownership (1) An electric company may submit or allow its affiliates to submit bids in response to the electric company’s request for proposals. (a) Electric company and affiliate bids must be treated in the same manner as other bids. (b) Any individual who …

860-089-0350 Benchmark Resource Score (1) Prior to viewing third-party bids on an approved RFP, the electric company must file with the Commission and submit to the IE, for review and comment, a detailed score for any benchmark resource with supporting cost information, any trans…

860-089-0400 Bid Scoring and Evaluation by Electric Company (1) To help ensure that the electric company engages in a transparent bid-scoring process using objective scoring criteria and metrics, the electric company must provide all proposed and final scoring criteria and metric…

860-089-0450 Independent Evaluator Duties (1) The IE will oversee the competitive bidding process to ensure that it is conducted fairly, transparently, and properly. (2) The IE must be available and responsive to the Commission throughout the process and must provide the Commissi…

860-089-0475 Selection of the Initial Shortlist and Final Shortlist (1) Before an electric company may file a request for acknowledgment of a final shortlist of bids, the electric company must select an initial shortlist of bids and comply with the requirements of this rule. For …

860-089-0500 Final Short List Acknowledgment and Result Publication (1) For the purposes of this section, “acknowledgment” is a finding by the Commission that an electric company’s final shortlist of bid responses appears reasonable at the time of acknowledgment and was determine…

860-089-0550 Protected Information The electric company may request a protective order be issued prior to making available protected information required to be shared under the rules in this Division. Protected information may include, but is not limited to, RFP-related and biddi…

860-090-0010 Applicability and Purpose of System Planning Rules (1) The rules contained in this Division apply to energy utilities. (2) Upon request or its own motion, the Commission may waive any of the rules in this Division for good cause shown. A request for waiver must be ma…

860-090-0020 Definitions for System Planning Rules As used in this Division, except when the context requires otherwise: (1) "Clean Energy Plan" or "CEP" means the plan that an electric company subject to the emissions reduction targets under ORS 469A.410 is required to develop u…

860-090-0030 Integrated Resource Plan Procedural Requirements (1) Each energy utility must file an IRP with the Commission no later than three years after the filing date of its prior IRP. (2) In preparing the IRP, the utility must allow opportunities for engagement that are open t…

860-090-0040 Procedures for Public Participation (1) Following the filing of an IRP, CEP, or IRP Update, a procedural schedule and any necessary revisions thereto will be submitted by Commission Staff and approved as necessary by the assigned administrative law judge. (a) For eac…