Title 57, Utility Regulation

(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 righ…

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] Note: 757.465 and 757.467 were enacted into law by the Le…

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757.445 and 757.450 by sections 8 to 12, chapter 529, Oregon Laws 2023, is determined to be invalid, or is invalidated, superseded, replaced, repealed or expired, such…

(1) A public utility doing business in Oregon shall not, without first obtaining the Public Utility Commission’s approval of such transaction: (a) Except as provided in subsection (6) of this section, sell, lease, assign or otherwise dispose of the whole of the property of the pu…

(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. (2)(a) To facilitate the development of affordable housing in this state, the Public Utility Commission may allow a publi…

(1) For purposes of this section: (a) “Electric company” has the meaning given that term in ORS 757.600. (b) “Electric utility” has the meaning given that term in ORS 757.600. (c) “Retail electricity consumer” has the meaning given that term in ORS 757.600. (2) Upon the request o…

(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 …

(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, o…

(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, fina…

When any public utility is primarily engaged in another enterprise and is only indirectly engaged in the production, transmission, delivery or furnishing of heat, light, water or power to or for the public by reason of a contract or agreement, express or implied, between itself a…

(1) The Legislative Assembly finds and declares that: (a) The protection of customers of public utilities which provide heat, light or power is a matter of fundamental statewide concern; (b) Existing legislation requires the Public Utility Commission’s approval of one public util…

(1) No person, directly or indirectly, shall acquire the power to exercise any substantial influence over the policies and actions of a public utility which provides heat, light or power without first securing from the Public Utility Commission, upon application, an order authori…

(1) Following a Public Utility Commission determination that such services are subject to competition, a natural gas utility may enter into a contract with any customer for the provision of natural gas commodity, rights to pipeline capacity and natural gas transportation services…

(1) As used in this section: (a) “Allocation of electricity” means, for the purpose of setting electricity rates, the costs and benefits associated with the resources used to provide electricity to an electric company’s retail electricity consumers that are located in this state.…

The Public Utility Commission may consider the net gain or net loss upon the sale of any coal-fired resource, as defined in ORS 757.518, for allocation to the retail electricity consumers, as defined in ORS 757.600, of an electric company that makes sales of electricity to 25,000…

As used in ORS 757.522 to 757.536: (1) “Additional interest” means: (a) The acquisition, by the holder of an interest in a generating facility located in Oregon, of a separate interest in that generating facility that is producing energy and is in service for tax purposes, commer…

(1) The greenhouse gas emissions standard that applies to electric companies and electricity service suppliers is 1,100 pounds of greenhouse gases per megawatt-hour for a generating facility. (2) The greenhouse gas emissions standard applies only to carbon dioxide emissions. (3) …

No sooner than 90 days after the enactment of a federal law, state law, regulation or rule regulating the emission of greenhouse gases from generating facilities, an electric company, electricity service supplier or the customer of an electric company or electricity service suppl…

(1) Unless modified by rule by the State Department of Energy as provided in this section, the greenhouse gas emissions standard that applies to consumer-owned utilities is 1,100 pounds of greenhouse gases per megawatt-hour for a generating facility. (2) Unless modified pursuant …

(1)(a) An electric company or electricity service supplier may not enter into a long-term financial commitment unless the baseload electricity acquired under the commitment is produced by a generating facility that complies with a greenhouse gas emissions standard established und…

(1)(a) A governing board of a consumer-owned utility may not enter into a long-term financial commitment unless the baseload electricity acquired under the commitment is produced by a generating facility that complies with a greenhouse gas emissions standard established under ORS…

(1)(a) The Public Utility Commission may not acknowledge in an integrated resource plan, or allow in customer rates, the costs of a long-term financial commitment by an electric company or by an electricity service supplier unless the baseload electricity proposed to be acquired …

The Public Utility Commission and the State Department of Energy shall adopt rules as necessary to implement ORS 757.522 to 757.536. [2009 c.751 §8] Note: See note under 757.522. VOLUNTARY EMISSION REDUCTION PROGRAM

(1) As used in this section, “emission” means any anthropogenic gas, such as carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. (2) The Public Utility Commission shall establish a voluntary emission reduction program for the purp…

As used in ORS 757.542 to 757.562 and 757.993: (1) “Business day” means any 24-hour day other than a Saturday, Sunday or federal or state legal holiday. (2) “Damage” means harm to or destruction of underground facilities including, but not limited to, the weakening of structural,…

(1)(a) The Oregon Utility Notification Center is created as an independent not-for-profit public corporation. The corporation shall be governed by a board of directors consisting of one member appointed to represent each of the following: (A) Cities with a population of 25,000 or…

(1) It is the function of the board of directors to operate the Oregon Utility Notification Center, through which a person shall notify operators of underground facilities of proposed excavations and request that the underground facilities be marked. (2) The board of directors sh…

(1) Every operator of underground facilities shall subscribe to the Oregon Utility Notification Center. (2) Any person intending to excavate shall notify the Oregon Utility Notification Center at least two but not more than 10 business days before commencing an excavation. The bo…

(1) The board of directors shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering the activities and operations of the Oregon Utility Notification Center for the preceding calendar year according to the provisions of ORS…

As used in ORS 757.600 to 757.687, unless the context requires otherwise: (1) “Aggregate” means combining retail electricity consumers into a buying group for the purchase of electricity and related services. (2) “Ancillary services” means services necessary or incidental to the …

(1) All retail electricity consumers of an electric company, other than residential electricity consumers, shall be allowed direct access beginning on March 1, 2002. Retail electricity consumers shall not be allowed direct access before that date. (2) Residential electricity cons…

(1) Except as provided in this section, an electric company shall provide all retail electricity consumers that are connected to the electric company’s distribution system with a regulated, cost-of-service rate option. (2)(a) The Public Utility Commission by order may waive the r…

The Public Utility Commission shall ensure that direct access programs offered by electric companies meet the following conditions: (1) The provision of direct access to some retail electricity consumers must not cause the unwarranted shifting of costs to other retail electricity…

(1) The Public Utility Commission shall set a date on which all electric companies must announce prices that will be charged for electricity by the companies in the subsequent calendar year. Retail electricity consumers who are eligible for direct access must be allowed at least …

(1)(a) There is established an annual public purpose expenditure standard for electric companies and Oregon Community Power to fund: (A) The above-market costs of new renewable energy resources and customer investments in distribution system-connected technologies that support re…

(1) If an electric company invests moneys collected under ORS 757.054 on new cost-effective local energy conservation, or if the nongovernmental entity described in ORS 757.746 invests moneys paid to the nongovernmental entity under ORS 757.054 on new cost-effective local energy …

(1) The Public Utility Commission and the State Department of Energy jointly shall select an independent nongovernmental entity to prepare a biennial report to the Legislative Assembly describing program spending and results for public purpose requirements undertaken pursuant to …

The Public Utility Commission shall establish the terms and conditions for providing default electricity service for nonresidential electricity consumers in an emergency. The commission also shall establish reasonable terms and conditions for providing default service to a nonres…

(1) An electric company shall permit retail electricity consumers that are eligible for direct access to voluntarily aggregate their electricity loads. (2) A retail electricity consumer that is eligible for direct access may voluntarily aggregate its electricity load with the ele…

An electric utility that sells electricity, either directly or through a related party, to a nonresidential electricity consumer of another electric utility in this state shall permit any other electricity service supplier to sell electricity to nonresidential electricity consume…

Every electricity service supplier is authorized to use the distribution facilities of an electric company on a nondiscriminatory basis after the retail electricity consumers of the electricity service supplier are afforded direct access pursuant to ORS 757.601. [1999 c.865 §7]

To the extent permissible under federal law, the Public Utility Commission shall ensure that an electric company that offers direct access: (1) Provides electricity service suppliers and retail electricity consumers access to its transmission facilities and distribution system co…

(1) Not later than March 1, 2002, an electric company shall unbundle the costs of electricity services into power generation, transmission, distribution and retail services. (2) Every electric company shall maintain separate accounting records for each component of electricity se…

(1) The duties, functions and powers of the Public Utility Commission shall include developing policies to eliminate barriers to the development of a competitive retail market between electricity service suppliers and electric companies. The policies shall be designed to mitigate…

(1)(a) A person or other entity shall not act as an electricity service supplier unless the person or entity is certified by the Public Utility Commission. The commission, by rule, shall establish standards for certification of persons or other entities as electricity service sup…

Upon receiving a complaint, or on its own motion, the Public Utility Commission is authorized to investigate, as provided under ORS 756.515, whether any electric company that is an electricity service supplier has exercised undue market power with respect to the sale or distribut…