Chapter 756 — Chapter 756

ORS 756.010 Definitions. As used in ORS chapters 756, 757, 758 and 759, except as otherwise specifically provided or unless the context requires otherwise

1.9K chars

ORS 756.014 Public Utility Commission; appointment; confirmation; term; removal. (1) There is created the Public Utility Commission of Oregon. The commission shall be composed of three members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution. No more than two of such members shall be of the same political party

1.1K chars

ORS 756.016 Quorum; seal; individual commissioner authorized to act for commission. (1) A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the Public Utility Commission

0.7K chars

ORS 756.020 [Amended by 1973 c.792 §48; 1983 c.540 §1; repealed by 1985 c.834 §12]

0.0K chars

ORS 756.022 Oath of office. Before entering upon the duties of office, each commissioner shall take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state, and to faithfully and honestly discharge the duties of office. The oath shall be filed with the Secretary of State. [1971 c.655 §3; 1985 c.834 §7]

0.0K chars

ORS 756.026 Prohibited interests of commissioner and family. (1) No member of the Public Utility Commission shall

1.6K chars

ORS 756.028 Employee statements regarding prohibited interests. Each employee of the Public Utility Commission shall file with the commission a statement regarding holdings of the employee and the holdings of the employee’s spouse and minor children of any pecuniary interest in any business or activity subject to the commission’s regulatory jurisdiction. Supplementary statements shall be filed as such pecuniary interests are acquired or divested. The statements shall be in such form as the commission prescribes. If the commission determines that an employee or spouse or minor child of the employee holds any such pecuniary interest that may interfere with the impartial discharge of the employee’s duties, the commission shall order divestiture of the interest. [1971 c.655 §5]

0.0K chars

ORS 756.030 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.032 Employee dismissal for retention of prohibited interests or failure to file statements. (1) The Public Utility Commission shall dismiss an employee

0.7K chars

ORS 756.034 Intent of prohibited interest provisions. Nothing in ORS 756.022 to 756.032 is intended to authorize any act otherwise prohibited by law. [1971 c.655 §7]

0.0K chars

ORS 756.036 Duties and functions. (1) The Public Utility Commission may

2.0K chars

ORS 756.037 Commission authority to provide assistance, information, resources and advice to Legislative Assembly. The Public Utility Commission and commission staff may provide such assistance to the Legislative Assembly and its committees as required by the Legislative Assembly for the performance of its duties, and may furnish to the Legislative Assembly and its committees such information, resources and advice as the members of the Legislative Assembly consider necessary for the performance of legislative duties. [2001 c.558 §2]

0.0K chars

ORS 756.040 General powers. (1) In addition to the powers and duties now or hereafter transferred to or vested in the Public Utility Commission, the commission shall represent the customers of any public utility or telecommunications utility and the public generally in all controversies respecting rates, valuations, service and all matters of which the commission has jurisdiction. In respect thereof the commission shall make use of the jurisdiction and powers of the office to protect such customers, and the public generally, from unjust and unreasonable exactions and practices and to obtain for them adequate service at fair and reasonable rates. The commission shall balance the interests of the utility investor and the consumer in establishing fair and reasonable rates. Rates are fair and reasonable for the purposes of this subsection if the rates provide adequate revenue both for operating expenses of the public utility or telecommunications utility and for capital costs of the utility, with a return to the equity holder that is

1.2K chars

ORS 756.045 Employing legal counsel. Upon request by the Public Utility Commission, the Attorney General shall furnish to the commission such attorneys as the commission finds necessary. [Formerly 756.150]

0.0K chars

ORS 756.047 Authority of commission to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Public Utility Commission may require the fingerprints of a person who

1.0K chars

ORS 756.050 Office, office supplies and sessions of commission. (1) The Public Utility Commission shall keep office at the capital and shall be provided with suitable office quarters under ORS 276.004. Necessary office furniture, supplies, stationery, books, periodicals and maps shall be furnished, and all necessary expenses therefor shall be audited and paid as other state expenses are audited and paid

0.4K chars

ORS 756.055 Delegation of authority. (1) Except as provided in subsection (2) of this section, the Public Utility Commission may designate by order or rule any commissioner or any named employee or category of employees who shall have authority to exercise any of the duties and powers imposed upon the commission by law. The official act of any commissioner or employee so exercising any such duties or powers is considered to be an official act of the commission

0.5K chars

ORS 756.060 Authority to adopt rules and regulations. The Public Utility Commission may adopt and amend reasonable and proper rules and regulations relative to all statutes administered by the commission and may adopt and publish reasonable and proper rules to govern proceedings and to regulate the mode and manner of all investigations and hearings of public utilities and telecommunications utilities and other parties before the commission. [Amended by 1971 c.655 §13; 1973 c.776 §16; 1987 c.447 §77; 1995 c.733 §54]

0.0K chars

ORS 756.062 Substantial compliance with laws adequate for commission activities; construction of laws generally. (1) A substantial compliance with the requirements of the laws administered by the Public Utility Commission is sufficient to give effect to all the rules, orders, acts and regulations of the commission and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto

0.3K chars

ORS 756.064 [1971 c.655 §15; 1973 c.776 §18; repealed by 1975 c.605 §33]

0.0K chars

ORS 756.068 Service of notice or other legal process. The service or delivery of any notice, order, form or other document or legal process required to be made by the Public Utility Commission may be made by mail. If by mail, service or delivery is made when the required material is deposited in the post office, in a sealed envelope with postage paid, addressed to the person on whom it is to be served or delivered, at the address as it last appears in the records of the commission. [1971 c.655 §16]

0.0K chars

ORS 756.070 Investigating management of utilities. The Public Utility Commission may inquire into the management of the business of all public utilities and telecommunications utilities and shall keep informed as to the manner and method in which they are conducted and has the right to obtain from any public utility or telecommunications utility all necessary information to enable the commission to perform duties. [Amended by 1971 c.655 §17; 1973 c.776 §19; 1987 c.447 §70; 1995 c.733 §56]

0.0K chars

ORS 756.075 Right of entry for examination of equipment, records or employees; use of findings. (1) The Public Utility Commission or authorized representatives may enter upon any premises, or any equipment or facilities operated or occupied by any public utility or telecommunications utility for the purpose of making any inspection, examination or test reasonably required in the administration of ORS chapter 756, 757, 758 or 759 and to set up and use on such premises equipment or facilities any apparatus and appliances and occupy reasonable space therefor

1.0K chars

ORS 756.080 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.090 Maintaining and producing records; expenses of examining out-of-state records. (1) The Public Utility Commission may require by rule, or by order or subpoena to be served on any public utility or telecommunications utility the maintaining within this state or the production within this state at such time and place as the commission may designate, of any books, accounts, papers or records kept by such public utility or telecommunications utility in any office or place within or without this state, or verified copies in lieu thereof, if the commission so orders, in order that an examination thereof may be made by the commission or under direction of the commission

0.4K chars

ORS 756.100 [Repealed by 1953 c.25 §2]

0.0K chars

ORS 756.105 Duty to furnish information to commission. (1) Every public utility or telecommunications utility shall furnish to the Public Utility Commission all information required by the commission to carry into effect the provisions of ORS chapters 756, 757, 758 and 759 and shall make specific answers to all questions submitted by the commission

0.4K chars

ORS 756.110 [Repealed by 1953 c.25 §2]

0.0K chars

ORS 756.115 Failure to furnish requested information. No officer, agent or employee of any public utility, or telecommunications utility shall

0.9K chars

ORS 756.120 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.125 Interference with commission equipment. No person shall destroy, injure or interfere with any apparatus or appliance owned or operated by or in charge of the Public Utility Commission, or any apparatus or appliance sealed by the commission. [Formerly 757.340]

0.0K chars

ORS 756.130 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.140 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.150 [Amended by 1971 c.655 §10; renumbered 756.045]

0.0K chars

ORS 756.160 Enforcement of statutes and ordinances relating to utilities. (1) The Public Utility Commission shall inquire into any neglect or violation of any law of this state or any law or ordinance of any municipality thereof relating to public utilities and telecommunications utilities by any public utility or telecommunications utility doing business therein, its officers, agents or employees and shall enforce all laws of this state relating to public utilities and telecommunications utilities and may enforce all such laws and ordinances of a municipality. The commission shall report all violations of any such laws or ordinances to the Attorney General

1.2K chars

ORS 756.170 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.180 Enforcing utility laws. (1) Whenever it appears to the Public Utility Commission that any public utility or telecommunications utility or any other person subject to the jurisdiction of the commission is engaged or about to engage in any acts or practices which constitute a violation of any statute administered by the commission, or any rule, regulation, requirement, order, term or condition issued thereunder, the commission may apply to any circuit court of the state where such public utility or telecommunications utility or other person subject to the jurisdiction of the commission operates for the enforcement of such statute, rule, regulation, requirement, order, term or condition

0.7K chars

ORS 756.185 Right to recover for wrongs and omissions; treble damages. (1) Any public utility which does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapter 756, 757 or 758 or omits to do any act, matter or thing required to be done by such statutes, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. If the party seeking damages alleges and proves that the wrong or omission was the result of gross negligence or willful misconduct, the public utility is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section

0.6K chars

ORS 756.190 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.200 Effect of utility laws on common law and other statutory rights of action, duties and liabilities. (1) The remedies and enforcement procedures provided in ORS chapters 756, 757, 758 and 759 do not release or waive any right of action by the state or by any person for any right, penalty or forfeiture which may arise under any law of this state or under an ordinance of any municipality thereof

0.6K chars

ORS 756.305 Public Utility Commission Account. (1) There hereby is established in the General Fund an account to be known as the Public Utility Commission Account. Except as limited by ORS 756.360, all moneys, without regard to their sources, credited to the Public Utility Commission Account hereby are appropriated continuously to the Public Utility Commission for the payment of any and all of the expenses of the Public Utility Commission

0.4K chars

ORS 756.310 Annual fees payable by utilities and telecommunications providers. (1) Subject to the provisions of subsections (3) and (4) of this section, each public utility and telecommunications provider shall pay a fee to the Public Utility Commission in each calendar year. The amount of the fee shall equal the amount that the commission finds and determines to be necessary, together with the amount of all other fees paid or payable to the commission by such public utilities and telecommunications providers in the current calendar year, to defray the costs of performing the duties imposed by law upon the commission with respect to the public utilities and telecommunications providers

3.4K chars

ORS 756.315 [1989 c.1041 §2; repealed by 1991 c.841 §4]

0.0K chars

ORS 756.320 Statements accompanying fees; audit and refunding by commission. Payment of each fee or portion thereof provided for in ORS 756.310 shall be accompanied by a statement verified by the public utility or telecommunications provider involved, showing the basis upon which the fee or portion thereof is computed. This statement shall be in such form and detail as the Public Utility Commission shall prescribe and shall be subject to audit by the commission. The commission may refund any overpayment of any such fee in the same manner as other claims and expenses of the commission are payable as provided by law. [Amended by 1987 c.447 §89; 1995 c.733 §66; 1997 c.826 §9; 1999 c.339 §2]

0.0K chars

ORS 756.325 Distribution of information filed with commission; fees; rules. (1) The Public Utility Commission may by rule prescribe for the free distribution for public information or educational purposes or applicable charge for any blank forms, transcript, document, order, statistical data or publication prepared by and on file in the office of the commission. In no event shall the fee exceed the cost of preparing, reproducing and distributing such blank forms, transcript, document, order, statistical data or publication

0.2K chars

ORS 756.330 [Amended by 1965 c.288 §1; repealed by 1971 c.655 §250]

0.0K chars

ORS 756.340 [Repealed by 1971 c.655 §250]

0.0K chars

ORS 756.350 Penalty for failure to pay fees; action to collect unpaid fees and penalties. Every person who fails to pay any fees provided for in ORS 756.310 or 756.320 after they are due and payable shall, in addition to such fees, pay a penalty of two percent of such fees for each and every month or fraction thereof that they remain unpaid. If, in the judgment of the Public Utility Commission, action is necessary to collect any unpaid fees or penalties, the commission shall bring such action or take such proceedings as may be necessary thereon in the name of the State of Oregon in any court of competent jurisdiction, and be entitled to recover all costs and disbursements incurred therein. [Amended by 1971 c.655 §29]

0.0K chars

ORS 756.360 Disposal and use of fees and penalties collected. All fees, penalties and other moneys collected by the Public Utility Commission under ORS 756.310, 756.320, 756.350, 758.015, 758.400 to 758.475 and ORS chapter 759 shall be paid by the commission into the State Treasury within 30 days after the collection thereof, and shall be placed by the State Treasurer to the credit of the Public Utility Commission Account and the fees, penalties and other moneys collected from

0.9K chars

ORS 756.370 [Formerly 757.065; repealed by 1983 c.40 §1]

0.0K chars