Chapter 757 — Chapter 757

ORS 757.325 Undue preferences and prejudices. (1) No public utility shall make or give undue or unreasonable preference or advantage to any particular person or locality, or shall subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect

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ORS 757.330 Soliciting or accepting special privileges from utilities. No person shall knowingly solicit, accept or receive any rebate, concession or discrimination in respect to any service whereby any such service shall, by any device, be rendered free or at a lesser rate than that named in the published schedules and tariffs in force, or whereby any service or advantage is received other than authorized in this chapter. [Amended by 1971 c.655 §81]

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ORS 757.335 [Amended by 1971 c.655 §25; renumbered 756.185]

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ORS 757.340 [Amended by 1971 c.655 §22; renumbered 756.125]

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ORS 757.345 [Repealed by 1971 c.655 §250]

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ORS 757.350 [Repealed by 1971 c.655 §250]

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ORS 757.355 Costs of property not presently providing utility service excluded from rate base; exception. (1) Except as provided in subsection (2) of this section, a public utility may not, directly or indirectly, by any device, charge, demand, collect or receive from any customer rates that include the costs of construction, building, installation or real or personal property not presently used for providing utility service to the customer

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ORS 757.357 Legislative findings; programs to accelerate transportation electrification; tariff schedules and rates; long-term stranded costs. (1) As used in this section

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ORS 757.359 Infrastructure for vehicles powered by renewable natural gas or hydrogen. (1) As used in this section, “natural gas utility” means a natural gas utility regulated by the Public Utility Commission under this chapter

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ORS 757.360 Definitions for ORS 757.360 to 757.380. As used in ORS 757.360 to 757.380

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ORS 757.365 Pilot program for small solar energy systems; rules; limits to program. (1) The Public Utility Commission shall establish a pilot program for each electric company to demonstrate the use and effectiveness of volumetric incentive rates and payments for electricity or for the nonenergy attributes of electricity, or both, from solar photovoltaic energy systems that are permanently installed in this state by retail electricity consumers and that first become operational after the program begins. The cumulative nameplate capacity of the qualifying systems enrolled in all of the pilot programs may not exceed 27.5 megawatts of alternating current. Qualifying systems enrolled in the pilot program may not have nameplate generating capacity greater than 500 kilowatts

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ORS 757.370 [2009 c.748 §3; 2010 c.79 §2; repealed by 2016 c.28 §23]

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ORS 757.375 Credit toward compliance with renewable portfolio standard; limits. (1) Any electricity produced from a solar photovoltaic energy system that is physically located in this state may be used by an electric company to comply with the renewable portfolio standard established under ORS 469A.005 to 469A.210

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ORS 757.380 Applicability of ORS 757.360 to 757.380. ORS 757.360 to 757.380 apply only to qualifying systems that are solar photovoltaic energy systems. [2009 c.748 §5]

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ORS 757.385 Allowance of fair and reasonable rates. Nothing in ORS 276.910 and 757.360 to 757.380 affects the authority of the Public Utility Commission to set fair and reasonable rates as authorized under ORS 756.040 (1). [2009 c.748 §8]

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ORS 757.386 Program for procurement of electricity from community solar projects; rules. (1) For purposes of this section

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ORS 757.390 Legislative findings and declarations. (1) The Legislative Assembly finds and declares that

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ORS 757.392 Definitions. As used in ORS 757.390 to 757.398

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ORS 757.394 Renewable natural gas programs; rules; requirements. (1) The Public Utility Commission shall adopt by rule a large renewable natural gas program for large natural gas utilities pursuant to the provisions of ORS 757.396

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ORS 757.396 Participating large natural gas utilities; portfolio targets; ratemaking mechanisms; qualified investments. (1) A large natural gas utility that participates in the large renewable natural gas program adopted by rule by the Public Utility Commission under ORS 757.394 (1) may make qualified investments and procure renewable natural gas from third parties to meet the following portfolio targets for the percentage of gas purchased by the large natural gas utility for distribution to retail natural gas customers in Oregon that is renewable natural gas

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ORS 757.398 Small natural gas utilities; filing to participate; rate cap; cost recovery; qualified investments. (1) Upon a filing by a small natural gas utility to participate in the small renewable natural gas program adopted by rule by the Public Utility Commission under ORS 757.394 (2), the commission shall establish a rate cap limiting the small natural gas utility’s costs of procuring renewable natural gas from third parties and qualified investments in renewable natural gas infrastructure. The rate cap must be expressed as a percentage of the small natural gas utility’s total revenue requirement as approved by the commission in the public utility’s most recent general rate case. For the purposes of establishing a rate cap under this subsection, the commission shall account for

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ORS 757.399 Blending hydrogen with natural gas; notice requirements; information on utility’s website. (1) As used in this section, “natural gas utility” or “utility” means a public utility providing natural gas service to customers

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ORS 757.400 “Stocks” defined for ORS 757.400 to 757.463. As used in ORS 757.400 to 757.463, “stocks” means stocks, stock certificates or other evidence of interest or ownership

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ORS 757.405 Power to regulate issuance of utility securities. The power of public utilities to issue stocks and bonds, notes and other evidences of indebtedness and to create liens on their property situated within this state is a special privilege, the right of supervision, regulation, restriction and control of which is and shall continue to be vested in the state. Such power shall be exercised as provided by law and under such rules and regulations as the Public Utility Commission may prescribe

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ORS 757.410 When issuance of securities is void. All stocks and bonds, notes or other evidences of indebtedness, and any security of a public utility shall be void when issued

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ORS 757.412 Exemption from securities regulation. Subject to such terms and conditions as the Public Utility Commission may prescribe, the commission, by rule or order, may exempt the following from any or all of the provisions of ORS 757.400 to 757.480, if the commission finds that application of the law is not required by the public interest

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ORS 757.415 Purposes for which securities and notes may be issued; order required. (1) Except as otherwise permitted by subsection (4) of this section, a public utility may issue stocks and bonds, notes and other evidences of indebtedness, certificates of beneficial interests in a trust and securities for the following purposes and no others

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ORS 757.417 Limitation on application of ORS 757.415. ORS 757.415 does not apply to the issuance, renewal or assumption of liability on any evidence of indebtedness when such issuance, renewal or assumption is for the purpose of acquiring specific real or personal property, if the aggregate principal amount thereof, together with all other then outstanding evidences of indebtedness issued, renewed or assumed under this section, does not exceed whichever is the greater of the following amounts

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ORS 757.419 Limitation on application of ORS 757.480. ORS 757.480 does not apply to any mortgage or other encumbrance upon any real or personal property given to secure payment of any evidence of indebtedness issued under ORS 757.415. [1971 c.655 §89]

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ORS 757.420 Hearings and supplemental orders relating to issuance of securities; joint approval of issuance by interstate utility. (1) To enable the Public Utility Commission to determine whether the commission will issue an order under ORS 757.415, the commission may hold a hearing and may make such additional inquiry or investigation, examine such witnesses, books, papers, documents and contracts and require the filing of such data as the commission deems necessary. The application for such order shall be given priority and shall be disposed of by the commission within 30 days after the filing of such application, unless that period is extended with the consent of the public utility

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ORS 757.425 State not obligated following approval of issuance. No provision of ORS 757.405 to 757.450 or ORS 757.457, 757.459, 757.461 and 757.463, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the State of Oregon or any agency of state government, as defined in ORS 174.111, to pay or guarantee, in any manner whatsoever, any stock or bond, note or other evidence of indebtedness, authorized, issued or executed under the provisions of ORS 757.405 to 757.450 or ORS 757.457, 757.459, 757.461 and 757.463. [Amended by 2023 c.529 §9]

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ORS 757.430 Conditional approval of issuance authorized. The Public Utility Commission may by order grant permission for the issue of stocks or bonds, notes or other evidences of indebtedness in the amount applied for, or in a lesser amount, or not at all, and may attach to the exercise of the permission such condition or conditions as the commission deems reasonable and necessary

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ORS 757.435 Disposal of proceeds from issuance of securities; rules. (1) No public utility shall, without the consent of the Public Utility Commission, apply the issue of any stock or bond, note or other evidence of indebtedness, or any part or proceeds thereof, to any purpose not specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount authorized for such purpose, or issue or dispose of the same on any terms less favorable than those specified in such order, or a modification thereof

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ORS 757.440 Approval required before utility may guarantee another’s indebtedness. No public utility shall assume any obligation or liability as guarantor, indorser, surety or otherwise in respect to the securities of any other person, firm or corporation, when such securities are payable at periods of more than 12 months after the date thereof, without first having secured from the Public Utility Commission an order authorizing it so to do. Every assumption made other than in accordance with such an order is void

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ORS 757.445 Wrongful issues or use of proceeds by utility. A public utility may not, directly or indirectly, issue or cause to be issued any stock or bond, note or other evidence of indebtedness, in nonconformity with the order of the Public Utility Commission authorizing the same or contrary to the provisions of ORS 757.400 to 757.463, or of the Constitution of this state, or apply the proceeds from the sale thereof, or any part thereof, to any purpose other than the purposes specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount in the order authorized for such purpose. [Amended by 2023 c.529 §11]

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ORS 757.450 Wrongful acts relating to issuance of securities. A person may not

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ORS 757.455 [1995 c.539 §3; repealed by 2023 c.529 §2 (757.459 and 757.461 enacted in lieu of 757.455)]

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ORS 757.457 Definitions for ORS 757.457, 757.459, 757.461 and 757.463. As used in this section and ORS 757.459, 757.461 and 757.463

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ORS 757.459 State policy to encourage financing of certain costs and expenses by public utilities; pledge and agreement related to rate recovery assets, bonds and charges. (1) It is the policy of the State of Oregon to encourage the financing of certain costs and expenses by public utilities at the lowest, reasonable and prudent cost to public utility customers, including, but not limited to, rate recovery expenditures

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ORS 757.460 [1995 c.539 §2; repealed by 2023 c.529 §5 (757.463 enacted in lieu of 757.460)]

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ORS 757.461 Financing of rate recovery expenditures through rate recovery bonds; application and hearing process; financing order; collection of rate recovery charges. (1)(a) A public utility may apply to the Public Utility Commission for a financing order designating all or part of rate recovery expenditures as bondable rate recovery expenditures, for the purpose of financing or refinancing the designated expenditures under ORS 757.415 (1)(f)

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ORS 757.463 Security interest as collateral in rate recovery assets; requirements for attachment and perfection; transfers; enforcement rights and remedies. (1)(a) A public utility, finance subsidiary or assignee may grant a security interest in rate recovery assets as collateral for rate recovery bonds. A security interest in rate recovery assets is valid and enforceable against the debtor and third parties, subject only to the rights of any third parties holding security interests in the rate recovery assets attached and perfected in the manner described under this subsection

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ORS 757.465 Rate recovery bond not security for certain purposes. A rate recovery bond, as described under ORS 757.457, 757.459, 757.461 and 757.463, that is exempt under ORS 59.025 from ORS 59.049 and 59.055 is not a security for purposes of ORS 59.115, 59.135 or 59.137. [2023 c.529 §7]

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ORS 757.467 Validity of actions taken in good faith pursuant to financing order. If any provision of ORS 757.457, 757.459, 757.461 and 757.463 or the amendments to ORS 59.025, 757.415, 757.425, 757.445 and 757.450 by sections 8 to 12, chapter 529, Oregon Laws 2023, is determined to be invalid, or is invalidated, superseded, replaced, repealed or expired, such determination or occurrence does not affect the validity of any action allowed under ORS 757.457, 757.459, 757.461 and 757.463 or the amendments to ORS 59.025, 757.415, 757.425, 757.445 and 757.450 by sections 8 to 12, chapter 529, Oregon Laws 2023, and taken in good faith and pursuant to a financing order issued prior to such determination or occurrence. [2023 c.529 §14]

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ORS 757.480 Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility; exceptions. (1) A public utility doing business in Oregon shall not, without first obtaining the Public Utility Commission’s approval of such transaction

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ORS 757.482 Approval to sell or convey real property below market price for development of affordable housing. (1) As used in this section, “affordable housing” means affordable housing as defined in ORS 197A.445 or publicly supported housing as defined in ORS 456.766

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ORS 757.483 Condemnation or acquisition of service territory or property of electric company by electric utility; stranded costs obligation. (1) For purposes of this section

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ORS 757.485 Purchase of property or stocks of one utility by another. (1) No public utility shall, directly or indirectly, purchase, acquire or become the owner of any of the stocks or bonds or property utilized for utility purposes and having a value in excess of $10,000 of any other public utility unless authorized so to do by the Public Utility Commission

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ORS 757.490 Approval needed for certain contracts. (1) When any public utility doing business in this state enters into a contract with another corporation with relation to the construction, operation, maintenance or use of the property of said public utility in Oregon, or the use of the property of the other contracting party, or any part thereof, or for service, advice, engineering, financing, rentals, leasing or for any construction or management charges in respect of any such property, or for the purchase of property, materials or supplies, the proposed contract shall be filed with the Public Utility Commission for the investigation and approval when the public utility owns a majority of or controls directly or indirectly the voting stock of the other contracting corporations

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ORS 757.495 Contracts involving utilities and persons with affiliated interests. (1) When any public utility doing business in this state enters into any contract to make any payment, directly or indirectly, to any person or corporation having an affiliated interest, for service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legal or other services, or enter any charges therefor on its books, which shall be recognized as an operating expense or capital expenditure in any rate valuation or any other hearing or proceeding, the contract shall be filed with the Public Utility Commission within 90 days of execution of the contract. The contract shall be deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier

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