47 sections in this chapter.
ORS 469A.005 Definitions for ORS 469A.005 to 469A.210. As used in ORS 469A.005 to 469A.210
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(1) “Acquires service territory” does not include an acquisition by a city of a facility, plant, equipment or service territory within the boundaries of the city, pursuant to ORS 225.020 or city charter, if the city: (a) Already owns, controls or operates an electric light and po…
ORS 469A.010 Qualifying electricity. (1) Except as provided in this section, and subject to ORS 469A.135, electricity generated from a renewable energy source may be used to comply with a renewable portfolio standard only if the facility that generates the electricity meets the requirements of ORS 469A.020
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(2)(a) Any electricity that the Bonneville Power Administration has designated as environmentally preferred power, or has given a similar designation for electricity generated from a renewable resource, may be used to comply with a renewable portfolio standard. (b) Any electricit…
ORS 469A.020 Qualifying electricity; age of generating facility. (1) Except as provided in this section, electricity may be used to comply with a renewable portfolio standard only if the electricity is generated by a facility that becomes operational on or after January 1, 1995
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(2) Electricity from a generating facility, other than a hydroelectric facility, that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the electricity is attributable to capacity or efficiency upgrades made on or after Januar…
ORS 469A.025 Renewable energy sources; rules. (1) Electricity generated utilizing the following types of energy may be used to comply with a renewable portfolio standard
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(a) Wind energy. (b) Solar photovoltaic and solar thermal energy. (c) Wave, tidal and ocean thermal energy. (d) Geothermal energy. (2) Except as provided in subsection (3) of this section, electricity generated from biomass and biomass by-products may be used to comply with a ren…
ORS 469A.027 Certification of eligibility for certain generating facilities; generation date of electricity. The State Department of Energy may certify as eligible for renewable energy certificates a facility that qualifies under ORS 469A.020 (5) and (6) and 469A.025 (6) and (7) only for electricity generated on or after January 1, 2011. [2010 c.17 §4]
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Note: 469A.027 to 469A.031 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 469A.029 Eligibility; registration date for certain generating facilities with tracking system. To be eligible for renewable energy certificates, the owner or operator of a generating facility that qualifies under ORS 469A.020 (5) and (6) and 469A.025 (6) and (7) must register the generating facility with the Western Renewable Energy Generation Information System or other regional system or trading program designated by the State Department of Energy before January 1, 2011. [2010 c.17 §5]
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Note: See note under 469A.027.
ORS 469A.031 Eligibility; registration date of generating facility that uses biomass with Western Renewable Energy Generation Information System. Notwithstanding ORS 469A.029, a facility described in ORS 469A.020 (5) is eligible for renewable energy certificates if the owner or operator of the generating facility registered the generating facility with the Western Renewable Energy Generation Information System on or after January 1, 2011. [2017 c.249 §1]
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Note: See note under 469A.027. (Renewable Portfolio Standards)
ORS 469A.050 Applicable standard. (1) Electric utilities must comply with the applicable renewable portfolio standard described in ORS 469A.052 or 469A.055
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(2) Electricity service suppliers must comply with the renewable portfolio standard established under ORS 469A.065. [2007 c.301 §5]
ORS 469A.052 Large utility renewable portfolio standard. (1) The large utility renewable portfolio standard imposes the following requirements on an electric utility that makes sales of electricity to retail electricity consumers in an amount that equals three percent or more of all electricity sold to retail electricity consumers
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(a) At least five percent of the electricity sold by the electric utility to retail electricity consumers in each of the calendar years 2011, 2012, 2013 and 2014 must be qualifying electricity; (b) At least 15 percent of the electricity sold by the electric utility to retail elec…
ORS 469A.055 Small electric utilities. (1) Except as provided in this section, an electric utility that makes sales of electricity to retail electricity consumers in an amount that equals less than three percent of all electricity sold to retail electricity consumers is not subject to ORS 469A.005 to 469A.210
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(2) Beginning in calendar year 2025, at least five percent of the electricity sold to retail electricity consumers in a calendar year by an electric utility must be qualifying electricity if the electric utility makes sales of electricity to retail electricity consumers in an amo…
ORS 469A.060 Exemptions from compliance with renewable portfolio standard. (1) Electric utilities are not required to comply with the renewable portfolio standards described in ORS 469A.052 and 469A.055 to the extent that
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(a) Compliance with the standard would require the electric utility to acquire electricity in excess of the electric utility’s projected load requirements in any calendar year; and (b) Acquiring the additional electricity would require the electric utility to substitute qualifyin…
ORS 469A.062 [2016 c.28 §13; repealed by 2021 c.508 §16]
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[Repealed or reserved.]
ORS 469A.065 Renewable portfolio standard for electricity service suppliers. An electricity service supplier must meet the requirements of the renewable portfolio standards that are applicable to the electric utilities that serve the territories in which the electricity service supplier sells electricity to retail electricity consumers. The Public Utility Commission shall establish procedures for implementation of the renewable portfolio standards for electricity service suppliers that sell electricity in the service territory of an electric company. If an electricity service supplier sells electricity in territories served by more than one electric company, the commission may provide for an aggregate standard based on the amount of electricity sold by the electricity service supplier in each territory. Pursuant to ORS 757.676, a consumer-owned utility may establish procedures for the implementation of the renewable portfolio standards for electricity service suppliers that sell electricity in the territory served by the consumer-owned utility. [2007 c.301 §9]
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[Repealed or reserved.]
ORS 469A.070 Manner of complying with renewable portfolio standards. (1) Except as provided in subsection (2) of this section, an electric utility or electricity service supplier must comply with the renewable portfolio standard applicable to the utility or supplier in each calendar year by
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(a) Using bundled renewable energy certificates issued or acquired during the compliance year; (b) Subject to the limitations described in ORS 469A.140 and 469A.145, using unbundled or banked renewable energy certificates; or (c) Making alternative compliance payments as describe…
ORS 469A.075 Electric company plan for meeting requirements; commission review; rules. (1) An electric company that is subject to a renewable portfolio standard shall describe the electric company’s plan for meeting the requirements of the renewable portfolio standard as part of the electric company’s integrated resource plan filed with the Public Utility Commission
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(2) At a minimum, a plan for meeting the requirements of the renewable portfolio standard must contain: (a) Annual targets for acquisition and use of qualifying electricity; and (b) The estimated cost of meeting the annual targets, including the cost of transmission, the cost of …
ORS 469A.100 Limits on cost of compliance with renewable portfolio standard. (1) Electric utilities are not required to comply with a renewable portfolio standard during a compliance year to the extent that the incremental cost of compliance, the cost of unbundled renewable energy certificates and the cost of alternative compliance payments under ORS 469A.180 exceeds four percent of the electric utility’s annual revenue requirement for the compliance year
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(2) For each electric company, the Public Utility Commission shall establish the annual revenue requirement for a compliance year no later than January 1 of the compliance year. For each consumer-owned utility, the governing body of the consumer-owned utility shall establish the …
ORS 469A.120 Cost recovery by electric companies. (1) Except as provided in ORS 469A.180 (5), all prudently incurred costs associated with complying with ORS 469A.005 to 469A.210 are recoverable in the rates of an electric company, including interconnection costs, costs associated with using physical or financial assets to integrate, firm or shape renewable energy sources on a firm annual basis to meet retail electricity needs, above-market costs and other costs associated with transmission and delivery of qualifying electricity to retail electricity consumers
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(2)(a) The Public Utility Commission shall establish an automatic adjustment clause as defined in ORS 757.210 or another method that allows timely recovery of costs prudently incurred by an electric company to construct or otherwise acquire facilities that generate electricity fr…
ORS 469A.130 Renewable energy certificates system. (1) The State Department of Energy shall establish a system of renewable energy certificates that can be used by an electric utility or electricity service supplier to establish compliance with the applicable renewable portfolio standard. The department shall consult with the Public Utility Commission before establishing a system of renewable energy certificates under this section. The department may allow use of renewable energy certificates that are issued, monitored, accounted for or transferred by or through a regional system or trading program, including but not limited to the Western Renewable Energy Generation Information System. The system established by the department shall allow issuance, transfer and use of renewable energy certificates in electronic form
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(2) The validity of a bundled renewable energy certificate for purposes of compliance with the applicable renewable portfolio standard is not affected by the substitution of any other electricity for the qualifying electricity at any point after the time of generation. [2007 c.30…
ORS 469A.132 Thermal renewable energy certificates. (1) If a facility that generates electricity using biomass also generates thermal energy for a secondary purpose, the State Department of Energy shall provide that renewable energy certificates must be issued for the generation of the thermal energy. Notwithstanding the definition of “qualifying electricity” in ORS 469A.005 or any other provision of law stating or implying that a renewable portfolio standard may be complied with only through the generation of electricity, renewable energy certificates for thermal energy
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(a) Shall be provided for pursuant to this subsection as part of the system established under ORS 469A.130; (b) Shall be subject to the same requirements for issuance, transfer and use as all other renewable energy certificates created pursuant to the system established under ORS…
ORS 469A.135 Renewable energy certificates that may be used to comply with standards. (1) A bundled renewable energy certificate may be used to comply with a renewable portfolio standard if
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(a) The facility that generates the qualifying electricity for which the bundled renewable energy certificate is issued is located in the United States and within the geographic boundary of the Western Electricity Coordinating Council; and (b) The qualifying electricity for which…
ORS 469A.140 Use, transfer and banking of certificates. (1) Renewable energy certificates may be traded, sold or otherwise transferred
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(2) Renewable energy certificates that are not used by a consumer-owned utility to comply with a renewable portfolio standard in a calendar year may be banked and carried forward indefinitely for the purpose of complying with a renewable portfolio standard in a subsequent year. F…
ORS 469A.145 Limitations on use of unbundled certificates to meet renewable portfolio standard. (1) Except as otherwise provided in this section, unbundled renewable energy certificates, including banked unbundled renewable energy certificates, may not be used to meet more than 20 percent of the requirements of the large utility renewable portfolio standard described in ORS 469A.052 for any compliance year
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(2) The limitation imposed by subsection (1) of this section does not apply to unbundled renewable energy certificates associated with electricity generated in this state from a renewable energy source by a net metering facility, as defined in ORS 757.300, or another generating f…
ORS 469A.147 Exemption from limitation on use of unbundled certificates for consumer-owned utilities. Unless the exemption provided by ORS 469A.055 (1) terminated for the consumer-owned utility pursuant to ORS 469A.055 (5), a consumer-owned utility described in ORS 469A.052 (2) that is subject to the large utility renewable portfolio standard described in ORS 469A.052 (3) may use, notwithstanding ORS 469A.145 (1), unbundled renewable energy certificates, including banked unbundled renewable energy certificates, to meet
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(1) Up to 100 percent of the standard described in ORS 469A.052 (3)(a); and (2) Up to 75 percent of the standard described in ORS 469A.052 (3)(b) or (c). [2014 c.100 §2]
ORS 469A.150 Multistate electric companies; rules. The Public Utility Commission by rule shall establish a process for allocating the use of renewable energy certificates by an electric company that makes sales of electricity to retail customers in more than one state. [2007 c.301 §18]
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(Compliance Reports)
ORS 469A.170 Compliance reports; rules. (1) Each electric utility and electricity service supplier that is subject to a renewable portfolio standard shall make an annual compliance report for the purpose of detailing compliance, or failure to comply, with the renewable portfolio standard applicable in the compliance year. An electric company or electricity service supplier shall make the report to the Public Utility Commission. A consumer-owned utility shall make the report to the members or customers of the utility
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(2) The commission shall review each compliance report filed under this section by an electric company or electricity service supplier for the purposes of determining whether the company or supplier has complied with the renewable portfolio standard applicable to the company or s…
ORS 469A.180 Electric companies; electricity service suppliers. (1) The Public Utility Commission shall establish an alternative compliance rate for each compliance year for each electric company or electricity service supplier that is subject to a renewable portfolio standard. The rate shall be expressed in dollars per megawatt-hour
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(2) The commission shall establish an alternative compliance rate based on the cost of qualifying electricity, contracts that the electric company or electricity service supplier has acquired for future delivery of qualifying electricity and the number of unbundled renewable ener…
ORS 469A.185 Consumer-owned utilities. The governing body of a consumer-owned utility shall establish an alternative compliance rate for the utility. To the extent possible, the alternative compliance rate shall be determined by the governing body of the consumer-owned utility in a manner similar to that used by the Public Utility Commission in establishing alternative compliance rates under ORS 469A.180. Amounts collected as alternative compliance payments by a consumer-owned utility may be used for the purposes specified in ORS 469A.180 (5) and for the purpose of paying expenses associated with research, development and demonstration projects related to the generation of qualifying electricity by the utility. [2007 c.301 §21]
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(Penalty)
ORS 469A.200 Penalty. If an electric company or electricity service supplier that is subject to a renewable portfolio standard under ORS 469A.005 to 469A.210 fails to comply with the standard in the manner provided by ORS 469A.005 to 469A.210, the Public Utility Commission may impose a penalty against the company or supplier in an amount determined by the commission. A penalty under this section is in addition to any alternative compliance payment required or elected under ORS 469A.180. Moneys paid for penalties under this section shall be transmitted by the commission to the nongovernmental entity receiving moneys under ORS 757.612 (3)(d) and may be used only for the purposes specified in ORS 757.612 (1). [2007 c.301 §22]
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(Green Power Rate)
ORS 469A.205 Green power rate. (1) Electric utilities shall allow retail electricity consumers to elect a green power rate. A significant portion of the electricity purchased or generated by a utility that is attributable to moneys paid by retail electricity consumers who elect the green power rate must be qualifying electricity, and the utility must inform consumers of the sources of the electricity purchased or generated by the utility that is attributable to moneys paid by consumers who elect the green power rate. The green power rate shall reasonably reflect the costs of the electricity purchased or generated by the utility that is attributable to moneys paid by retail electricity consumers who elect the green power rate. All prudently incurred costs associated with the green power rate are recoverable in a green power rate offered by an electric company
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(2) Any qualifying electricity procured by an electric utility to provide electricity under a green power rate under subsection (1) of this section or ORS 757.603 (3)(a) may not be used by the utility to comply with the requirements of a renewable portfolio standard. (3) The prov…
ORS 469A.210 Goal for community-based renewable energy projects. (1) The Legislative Assembly finds that community-based renewable energy projects, including but not limited to marine renewable energy resources that are either developed in accordance with the Territorial Sea Plan adopted pursuant to ORS 196.471 or located on structures adjacent to the coastal shorelands, are an essential element of this state’s energy future
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(2) For purposes related to the findings in subsection (1) of this section, by the year 2030, at least 10 percent of the aggregate electrical capacity of all electric companies that make sales of electricity to 25,000 or more retail electricity consumers in this state must be com…
ORS 469A.300 Hydrogen power stations; compliance with renewable portfolio standard; cost recovery for prudent energy investments. To facilitate the creation of hydrogen power stations using anhydrous ammonia as a fuel source to comply with a renewable portfolio standard under ORS 469A.005 to 469A.210, the Public Utility Commission may allow full recovery of costs by public utilities in prudent energy investments related to the planning, financing, construction and operation of hydrogen power stations. These investments may include, but need not be limited to
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(1) Systems designed to synthesize anhydrous ammonia fuel using electricity generated from renewable energy sources listed in ORS 469A.025; (2) Infrastructure designed to store anhydrous ammonia generated from renewable energy sources as a nonpolluting fuel for electricity genera…
ORS 469A.400 Definitions for ORS 469A.400 to 469A.475. As used in ORS 469A.400 to 469A.475
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(1) “Baseline emissions level” means: (a) For an electric company, the average annual emissions of greenhouse gas for the years 2010, 2011 and 2012 associated with the electricity sold to retail electricity consumers as reported under ORS 468A.280, or rules adopted pursuant there…
ORS 469A.405 Policy. It is the policy of the State of Oregon
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(1) That retail electricity providers rely on nonemitting electricity in accordance with the clean energy targets set forth in ORS 469A.410 and eliminate greenhouse gas emissions associated with serving Oregon retail electricity consumers by 2040; (2) That electricity generated i…
ORS 469A.410 Clean energy targets; reduction of greenhouse gas emissions. (1) A retail electricity provider shall reduce greenhouse gas emissions, measured for an electric company as greenhouse gas emissions reported under ORS 468A.280, and measured for an electricity service supplier as greenhouse gas emissions per megawatt-hour as reported under ORS 468A.280, to the extent compliance is consistent with ORS 469A.400 to 469A.475, by the following targets
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(a) By 2030, 80 percent below baseline emissions level. (b) By 2035, 90 percent below baseline emissions level. (c) By 2040, and for every subsequent year, 100 percent below baseline emissions level. (2) Nothing in ORS 469A.400 to 469A.475 may be construed as establishing a stand…
ORS 469A.415 Electric companies to develop clean energy plans. (1) An electric company shall develop a clean energy plan for meeting the clean energy targets set forth in ORS 469A.410 concurrent with the development of each integrated resource plan
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(2) The electric company shall submit the clean energy plan to the Public Utility Commission and the Department of Environmental Quality. (3)(a) A clean energy plan must be based on or included in an integrated resource plan filing made no earlier than January 1, 2022, and filed …
ORS 469A.420 Emissions verification; baseline emissions determination; clean energy plan acknowledgment; annual report; compliance. (1)(a) For the purposes of verifying emissions and determining compliance with the clean energy targets set forth in ORS 469A.410, the Department of Environmental Quality shall determine
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(A) For each electric company, the electric company’s baseline emissions level; and (B) For each retail electricity provider, the amount of emissions reduction necessary for the retail electricity provider to meet the clean energy targets set forth in ORS 469A.410. (b) The depart…
ORS 469A.425 Community advisory group; membership; biennial report. (1) An electric company that files a clean energy plan under ORS 469A.415 shall convene a Community Benefits and Impacts Advisory Group. The members of the electric company’s Community Benefits and Impacts Advisory Group will be determined by the electric company with input from stakeholders that represent the interests of customers or affected entities within the electric company’s service territory. Members must include representatives of environmental justice communities and low-income ratepayers and may include representatives from other affected entities within the electric company’s service territory
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(2)(a) The electric company shall develop, in consultation with the Community Benefits and Impacts Advisory Group, a biennial report that assesses the community benefits and impacts of the electric company and shall file the biennial report with the Public Utility Commission. The…
ORS 469A.430 Treatment of generation resources. For the purposes of determining compliance with ORS 469A.400 to 469A.475, electricity shall have the emission attributes of the underlying generating resource. [2021 c.508 §7]
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[Repealed or reserved.]
ORS 469A.435 Determining compliance with clean energy targets; unplanned emissions. (1)(a) In determining whether a retail electricity provider has complied with the clean energy targets set forth in ORS 469A.410, the Public Utility Commission shall take into consideration unplanned emissions in excess of the amount projected in an electric company’s clean energy plan submitted under ORS 469A.415 or the information provided by an electricity service supplier under ORS 469A.420 (3), to the extent
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(A) The emissions are in excess of the clean energy targets set forth in ORS 469A.410; (B) Generation of electricity from nonemitting resources forecasted to meet electricity demand is less than expected, including variability in the generation, transmission, constraints or other…
ORS 469A.440 Temporary exemption; conflicts with reliability. (1) Upon its own motion or at the request of an electric company, the Public Utility Commission may open an investigation pursuant to ORS 756.515 (1) to determine whether to grant a temporary exemption to an electric company’s compliance with one or more of the requirements of ORS 469A.052 or a clean energy plan adopted pursuant to ORS 469A.400 to 469A.475
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(2) The commission may grant a temporary exemption if compliance: (a) Conflicts with or compromises an electric company’s obligation to comply with mandatory reliability standards set by the North American Electric Reliability Corporation; (b) Violates or significantly impairs a …
ORS 469A.445 Cost cap for electric companies; determining compliance costs and rate impact; exemption. (1) An electric company or an organization that represents broad customer interests and that has a written agreement with an electric company pursuant to ORS 757.072 may request that the Public Utility Commission open an investigation to provide accounting for investments made, costs incurred or forecasted costs estimated by the electric company for the purpose of compliance with ORS 469A.400 to 469A.475. In making a request under this section, the petitioner shall provide information regarding the investments or costs sufficient to determine whether the investments or costs contribute to compliance with ORS 469A.400 to 469A.475
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(2)(a) The commission shall provide parties to the proceeding with the procedural rights described in ORS 756.500 to 756.610, including the opportunity to develop an evidentiary record, conduct discovery, introduce evidence, conduct cross-examination and submit written briefs and…
ORS 469A.450 Cost cap for electricity service suppliers; comparable exemption and procedures. The Public Utility Commission shall provide the same opportunity to an electricity service supplier as provided an electric company under ORS 469A.445 to receive a comparable exemption from further compliance with the requirements of ORS 469A.400 to 469A.475. A comparable exemption shall be provided based on comparable procedures and criteria, to the extent the procedures and criteria apply to an electricity service supplier as applied to an electric company under ORS 469A.445 and adjusted to reflect applicable differences between electricity service suppliers and electric companies. [2021 c.508 §11]
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[Repealed or reserved.]
ORS 469A.455 Performance incentive for early compliance. In furtherance of the clean energy targets set forth in ORS 469A.410, the Public Utility Commission may apply a performance incentive for early compliance with one or more of the clean energy targets. [2021 c.508 §12]
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[Repealed or reserved.]
ORS 469A.460 No modification to renewable portfolio standards. The requirements of ORS 469A.400 to 469A.475 do not replace or modify the requirements of ORS 469A.005 to 469A.210. [2021 c.508 §13]
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[Repealed or reserved.]
ORS 469A.465 Rules; costs recovery. (1) The Public Utility Commission may adopt rules as necessary to implement ORS 469A.400 to 469A.475
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(2) The commission shall review and identify costs incurred by electric companies for obligations not similarly imposed on electricity service suppliers to comply with ORS 469A.400 to 469A.475 that retail electric consumers served by electricity service suppliers may avoid by obt…
ORS 469A.475 Legislative findings; electricity markets; review of greenhouse gas emissions rates. (1)(a) The Legislative Assembly finds that existing and future electricity markets will play a critical role in the transformation of the electric sector to nonemitting sources, as well as enabling load serving entities to reduce costs and serve load reliably by accessing resource and load diversity
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(b) The Legislative Assembly further finds that accounting and compliance frameworks designed to further the State of Oregon’s policy objectives should support and be consistent with efforts to enhance the access to and scope of existing and potential future electricity markets. …
ORS 469A.480 Electric company serving 25,000 or fewer consumers not subject to requirements. ORS 469A.400 to 469A.475 do not apply to an electric company, as defined in ORS 757.600, that serves electricity to 25,000 or fewer retail electricity consumers, as defined in ORS 757.600, located in this state. [2021 c.508 §17]
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