Chapter 757 — Chapter 757
335 sections in this chapter.
ORS 757.689 [2007 c.301 §46; repealed by 2021 c.547 §13]
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[Repealed or reserved.]
ORS 757.690 [1961 c.691 §17; repealed by 1967 c.164 §4]
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[Repealed or reserved.]
ORS 757.691 Applicability. Nothing in ORS 757.669 to 757.687 is intended to affect administration and enforcement of ORS 758.400 to 758.475 or to diminish or enlarge the rights of any person under ORS 758.400 to 758.475. [1999 c.865 §28]
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ELECTRICITY BILL MITIGATION AND ASSISTANCE
ORS 757.695 Mitigation of energy burdens; costs collection. (1) In addition to comprehensive classifications, tariff schedules, rates and bill credits, the Public Utility Commission may address the mitigation of energy burdens through bill reduction measures or programs that may include, but need not be limited to, demand response or weatherization
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(2) The costs of tariff schedules, rates, bill credits or program discounts allowed pursuant to subsection (1) of this section must be collected in the rates of an electric company through charges paid by all retail electricity consumers, such that retail electricity consumers th…
ORS 757.698 Low-income electric bill payment and crisis assistance; biennial reassessment of level of need; report to Legislative Assembly. (1) An electric company, as defined in ORS 757.600, or Oregon Community Power shall collect funds for low-income electric bill payment and crisis assistance in an amount determined by the Public Utility Commission. The commission shall
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(a) Establish the amount to be collected and rates to be charged by each electric company from its customers, including customers receiving electricity from other sources, such that the forecasted collection by all electric companies in a calendar year is at least $40 million. (b…
ORS 757.710 Emergency curtailment plan required; credits for weatherization or alternate energy devices. (1) Any person, as defined in ORS 758.400, engaged in the sale or resale of electricity or natural or synthetic gas in this state shall present for approval by the Public Utility Commission a plan for curtailment of electrical or gas load in the event of any predictable circumstance that may jeopardize prolonged continuity of service. Utility plans shall be submitted in such form and within such time limits as the commission shall specify
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(2) Utility plans may provide for a credit against future curtailment for a customer who has already accomplished a reduction in demand for the utility’s service by installing an alternative energy device or by weatherization or other installed conservation measures equivalent to…
ORS 757.720 Factors to be considered in approving plan; authority to establish plan; consultation with State Department of Energy. (1) Approval of utility plans for the curtailment of load shall be based on the following factors
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(a) The consistency of the plan with the public health, safety and welfare; (b) The technical feasibility of implementation of the plan; (c) The effectiveness with which the plan minimizes the impact of any curtailment; and (d) Consistency with Oregon energy policies formulated u…
ORS 757.730 Liability when curtailment occurs. A utility shall not be liable for damages to persons or property resulting from a curtailment of service in accordance with a plan approved by the Public Utility Commission. [1973 c.309 §4]
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KLAMATH RIVER DAMS
ORS 757.732 Definitions for ORS 757.732 to 757.744. As used in ORS 757.732 to 757.744
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(1) “Agreement in principle” means the agreement signed November 13, 2008, by the states of Oregon and California, by the United States Department of the Interior and by PacifiCorp. (2) “Allocated share” means the portion of PacifiCorp’s costs assigned to this state under the int…
ORS 757.734 Recovery of investment in Klamath River dams. (1) Not more than six months after the execution of a final agreement, the Public Utility Commission shall determine a depreciation schedule under ORS 757.140 for each Klamath River dam based on the assumption that the dam will be removed in 2020. The commission may change a depreciation schedule determined under this section at any time if removal of a dam will occur during a year other than 2020
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(2) The commission shall use the depreciation schedules prepared under this section to establish rates and tariffs for the recovery of Oregon’s allocated share of undepreciated amounts prudently invested by PacifiCorp in a Klamath River dam. Amounts recoverable under this section…
ORS 757.736 Surcharges for funding costs of removing Klamath River dams; judicial review. (1) Not more than 30 days after the execution of a final agreement, PacifiCorp must file a copy of the final agreement with the Public Utility Commission along with full and complete copies of all analyses or studies that relate to the rate-related costs, benefits and risks for customers of removing or relicensing Klamath River dams and that were reviewed by PacifiCorp during the decision-making process that led to PacifiCorp’s entering into the final agreement
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(2) PacifiCorp must include with the filing made under subsection (1) of this section tariffs for the collection of two nonbypassable surcharges from its customers for the purpose of paying the costs of removing Klamath River dams as described in subsection (11) of this section. …
ORS 757.738 Surcharge trust accounts related to removal of Klamath River dams. (1)(a) The Public Utility Commission shall establish a separate trust account for amounts generated by each of the two surcharges imposed under ORS 757.736. The commission shall establish the trust accounts as interest-bearing accounts
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(A) With an agency of the United States identified in the final agreement; (B) In a qualified depository under ORS 295.001 to 295.108; or (C) With the State Treasurer, to be invested as provided in ORS 293.701 to 293.857. (b) The commission may establish each of the two trust acc…
ORS 757.740 Recovery of other costs incurred as result of changes in operation to or removal of Klamath River dams. Pursuant to ORS 757.210, the Public Utility Commission shall allow PacifiCorp to include in its rates and tariffs this state’s allocated share of any costs that are prudently incurred by PacifiCorp from changes in operation of Klamath River dams before removal of the dams, or that are prudently incurred for replacement power after the dams are removed, that are not otherwise recovered under ORS 757.734 and 757.736. [2009 c.690 §6]
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[Repealed or reserved.]
ORS 757.742 Public Utility Commission authorization to enter agreement with California related to cost apportionment and trust fund. (1) The State of Oregon may enter into an agreement with representatives of the State of California, either as part of a final agreement or by separate agreement, that establishes each state’s share of the customer contribution of $200 million identified in the agreement in principle
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(2) The Public Utility Commission may enter into an agreement with representatives of the State of California to establish and administer the trust accounts authorized under ORS 757.738 and to ensure that trust account moneys are disbursed for dam removal costs that are necessary…
ORS 757.744 Disclaimers. (1) ORS 757.732 to 757.744 do not authorize the expenditure of any public moneys for removal of Klamath River dams
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(2) ORS 757.732 to 757.744 do not create a cause of action against the State of Oregon or against any of the officers, employees or agents of the state and may not be used as the basis for an assertion of liability on the part of the State of Oregon or of any officers, employees …
ORS 757.746 Requirements for nongovernmental entities receiving funds. (1) If the Public Utility Commission requires funds collected pursuant to ORS 757.054, through natural gas tariffs or through public purpose charges pursuant to ORS 757.612 to be paid to a nongovernmental entity, the entity shall
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(a) Include on the entity’s board of directors an ex officio member designated by the commission, who shall also serve on the entity’s nominating committee for filling board vacancies. (b) Require the entity’s officers and directors to provide an annual disclosure of economic int…
ORS 757.747 Environmental justice; commission to establish equity metrics. (1) As used in this section, “environmental justice” means the equal treatment, protection from environmental and health hazards, and meaningful involvement of environmental justice communities in the development, implementation and enforcement of regulations and policies that affect the environment in which people live, work, learn, practice spirituality and play
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(2) The Public Utility Commission shall establish, and update no less than once every four years, equity metrics for the purpose of assessing, addressing and creating accountability for environmental justice in the expenditure and investment of funds collected pursuant to ORS 757…
ORS 757.750 Legislative findings. The Legislative Assembly finds that the termination of residential electric and natural gas utility service can lead to the serious impairment of human health and possibly to loss of life; therefore, the Legislative Assembly has enacted ORS 757.750 to 757.760. [1979 c.868 §2; 1983 c.326 §1]
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[Repealed or reserved.]
ORS 757.755 Termination of residential electric or natural gas service prohibited; rules of commission. (1) The Public Utility Commission of Oregon shall establish rules to prohibit the termination of residential electric or natural gas service when such termination would significantly endanger the physical health of the residential consumer
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(2) The commission shall provide by rule a method for determining when the termination of residential electric or natural gas service would significantly endanger the physical health of the residential consumer. [1979 c.868 §3; 1983 c.326 §2]
ORS 757.760 Requirements for notice of termination of service; payment schedules; rules. The Public Utility Commission shall establish rules to require each electric and natural gas utility to
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(1) Give written or personal notice of a proposed termination of residential service in a manner reasonably calculated to reach the residential consumer within a reasonable period of time before the proposed date of termination; (2) Accept reasonable partial payment on the outsta…
ORS 757.765 Public utility provision of shielded outdoor lighting fixtures to customers. (1) As used in this section
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(a) “Outdoor lighting fixture” means an automatically controlled searchlight, spotlight, floodlight or other device used for architectural lighting, lighting streets or parking lots, landscape lighting, billboards or other artificial illumination or advertising purposes. (b) “Pub…
ORS 757.770 Deadline for public utility filing of outdoor lighting fixture rate and charge application; required notification to customers. (1) A public utility that is subject to ORS 757.765 shall file an initial rate and charge application as required by ORS 757.765 (2) on or before January 1, 2010
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(2) A utility that is subject to ORS 757.765 shall give a customer notice of the shielded outdoor lighting fixture option on or before the later of the date the utility first begins providing outdoor lighting fixtures to the customer or 60 days after the rate or charge takes effe…
ORS 757.800 Definitions for ORS 757.800 and 757.805. As used in this section and ORS 757.805, unless the context requires otherwise
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(1) “Authorized person” means: (a) An employee of a utility which produces, transmits or delivers electricity. (b) An employee of a utility which provides and whose work relates to communication services or state, county or municipal agencies which have authorized circuit constru…
ORS 757.805 Accident prevention required for work near high voltage lines; effect of failure to comply; applicability; other remedies unaffected. (1) Any person or business entity responsible for performing any function, activity, work or operation in proximity to a high voltage overhead line shall guard effectively against accidents involving such high voltage overhead line, as required by rules adopted pursuant to ORS chapter 654
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(2) If any violation of subsection (1) of this section or rules adopted pursuant to ORS chapter 654 results in, or is a contributing cause of, a physical or electrical accident involving any high voltage overhead line, the person or business entity violating subsection (1) of thi…
ORS 757.808 Transmission system additions, improvements or modifications; analysis of alternatives; grid enhancing technologies; state policy. (1) As used in this section
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(a) “Advanced reconductoring” means reconductoring with a conductor that has a direct current electrical resistance at least 10 percent lower than existing conductors of a similar diameter while simultaneously increasing the energy carrying capacity by at least 75 percent and inc…
ORS 757.810 [1985 c.550 §5; renumbered 759.015 in 1989]
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STATE POLICY POSITION ON REGIONAL TRANSMISSION PLANNING PROCESS
ORS 757.811 Requirement to consider electricity from ocean renewable energy. The Legislative Assembly finds and declares that, consistent with the transmission planning requirements provided for by the Federal Energy Regulatory Commission, it shall be the policy position of the State of Oregon that any regional transmission planning processes conducted for the transmission planning regions that wholly or partly encompass any areas of this state shall adequately consider the transmission of electricity from ocean renewable energy generated within Oregon’s territorial sea, as defined in ORS 196.405, or within adjacent federal waters. [2015 c.311 §1]
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Note: 757.811 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Temporary provisions relating to participation in re…
ORS 757.812 Definitions for ORS 757.812 to 757.950. As used in ORS 757.812 to 757.950
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(1) “Board” means the board of directors of Oregon Community Power. (2) “Incumbent utility” means an investor-owned utility that is the subject of a transaction described in ORS 757.814. (3) “Investor-owned utility” means a utility that sells electricity and that is operated by a…
ORS 757.814 Creation of acquisition review committee. (1)(a) Except as provided in subsection (9) of this section, the Public Utility Commission shall give notice to the cities and counties specified in paragraph (b) of this subsection whenever the commission receives notice of a proposed transaction under ORS 757.511 (2)
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(A) Relating to an investor-owned utility for which approval of the Public Utility Commission is required under ORS chapter 757; and (B) Involving the sale of 50 percent or more of the voting shares of the utility to a person that is not an affiliated interest with the utility as…
ORS 757.815 [1985 c.550 §6; 1987 c.447 §72; renumbered 759.020 in 1989]
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(Oregon Community Power Created)
ORS 757.818 Oregon Community Power created. (1) Oregon Community Power is created as a public corporation. Oregon Community Power shall exercise and carry out all powers, rights and privileges that are conferred upon Oregon Community Power under ORS 757.812 to 757.950
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(2) Oregon Community Power is created as a public corporation in order to carry out public services in sectors of the economy in which activities or services are also provided by private enterprise. Oregon Community Power is granted all needed operating flexibility under ORS 757.…
ORS 757.820 [1985 c.550 §6a; 1987 c.302 §1; renumbered 759.025 in 1989]
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[Repealed or reserved.]
ORS 757.822 Laws applicable to Oregon Community Power. (1) Except as provided in subsection (2) of this section, the provisions of ORS chapters 35, other than ORS 35.550 to 35.575, 180, 190, 192 and 244 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to 200.090, 221.450, 236.605 to 236.640, 243.650 to 243.809, other than 243.696, 297.040, 307.090 and 307.112 apply to Oregon Community Power under the same terms as they apply to any other subdivision of state government
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(2) Except as otherwise provided by law, the provisions of ORS chapters 182, 183, 238, 238A, 240, 270, 273, 276, 279A, 279B, 279C, 283, 286A, 291, 292, 293, 294, 295 and 297 and ORS 35.550 to 35.575, 183.710 to 183.730, 183.745, 183.750, 184.305 to 184.345, 190.430, 190.480, 190.…
ORS 757.824 Regulatory authority of Public Utility Commission over Oregon Community Power. (1) Solely for purposes of determining the authority of the Public Utility Commission to regulate Oregon Community Power and the activities and operations of Oregon Community Power, Oregon Community Power shall be considered a consumer-owned utility, as defined in ORS 757.270, and the commission shall regulate Oregon Community Power as a consumer-owned utility
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(2) In addition to having the authority granted the commission under subsection (1) of this section, the commission has the authority to: (a) Regulate electricity service suppliers that conduct business with or use the facilities of Oregon Community Power; (b) Determine a claim b…
ORS 757.825 [1985 c.550 §7; 1987 c.447 §73; 1987 c.613 §2; 1989 c.5 §§9,23; 1989 c.378 §1; 1989 c.543 §1; renumbered 759.030 in 1989]
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(Board of Directors)
ORS 757.830 Nominating committee. (1) There is established the Oregon Community Power Board Nominating Committee. The purpose of the nominating committee is to assist the Governor in appointing members to the board of directors of Oregon Community Power under ORS 757.834
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(2) The nominating committee shall consist of five members, as follows: (a) One member shall be a delegate from the Citizens’ Utility Board and shall represent the interests of residential electricity consumers. (b) One member shall be a delegate from a qualified organization tha…
ORS 757.834 Board of directors. (1) Oregon Community Power shall be governed by a board of seven directors appointed by the Governor using the procedure set forth in this section
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(2)(a) Prior to making any appointment to the board, the Governor shall consider the nominations of the Oregon Community Power Board Nominating Committee. (b) If the Governor reviews an initial slate of nominees made by the nominating committee and determines not to appoint a nom…
ORS 757.835 [1985 c.389 §3; 1987 c.447 §74; renumbered 759.230 in 1989]
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[Repealed or reserved.]
ORS 757.840 [1987 c.1 §§1,2,3; 1989 c.5 §10; renumbered 759.235 in 1989]
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[Repealed or reserved.]
ORS 757.842 Board meetings and procedures. (1) The board of directors of Oregon Community Power shall meet at least once each month to conduct the business of the board
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(2) A majority of board members shall constitute a quorum. (3) The board shall select one of its members as chairperson. (4) The board shall adopt bylaws establishing rules of procedure for board meetings and decisions. (5) A member of the board shall be compensated as provided i…
ORS 757.850 [1987 c.613 §4; 1989 c.5 §11; 1989 c.378 §2; 1989 c.543 §2; renumbered 759.195 in 1989]
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(Acquisition of Incumbent Utility)
ORS 757.852 Acquisition of incumbent utility; use of eminent domain. (1) As soon as practicable after being appointed, the board of directors of Oregon Community Power shall implement the agreement entered into by an acquisition review committee under ORS 757.814 (4)(b)
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(2) Notwithstanding ORS 757.890 (1), Oregon Community Power may not use the power of eminent domain to accomplish all or a part of an acquisition described in subsection (1) of this section unless the incumbent utility or the persons that have the authority to negotiate the dispo…
ORS 757.855 Funding of preliminary activities and negotiations. (1) Following a request by an acquisition review committee under ORS 757.862, the Public Utility Commission shall transfer from the Public Utility Commission Account to the Oregon Community Power Utility Acquisition Fund established under ORS 757.857 all amounts necessary to fund any preliminary activities needed to determine
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(a) The appropriateness or desirability of an acquisition described in ORS 757.812 to 757.950; (b) The requirements and terms of the acquisition; and (c) Any due diligence activities related to the acquisition and the negotiations for the acquisition. (2) Notwithstanding any othe…
ORS 757.857 Oregon Community Power Utility Acquisition Fund. (1) The Oregon Community Power Utility Acquisition Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Community Power Utility Acquisition Fund shall be credited to the Oregon Community Power Utility Acquisition Fund
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(2) Moneys in the Oregon Community Power Utility Acquisition Fund are continuously appropriated to the Public Utility Commission for the purpose of transferring moneys to an acquisition review committee as described in ORS 757.855. [2007 c.807 §13] Note: See note under 757.812.
ORS 757.860 [1987 c.302 §3; 1989 c.5 §12; renumbered 759.225 in 1989]
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[Repealed or reserved.]
ORS 757.862 Request to Public Utility Commission for transfer of funds. (1) An acquisition review committee created under ORS 757.814 may request that the Public Utility Commission transfer moneys appropriated under ORS 757.857 in order to fund any preliminary activities the committee undertakes to determine
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(a) The appropriateness or desirability of an acquisition described in ORS 757.812 to 757.950; (b) The requirements and terms of the acquisition; and (c) Any due diligence activities related to the acquisition and the negotiations for the acquisition. (2) An acquisition review co…
ORS 757.864 Conduct of business after acquisition. If Oregon Community Power acquires an incumbent utility under ORS 757.812 to 757.950, all electric utility operations undertaken by Oregon Community Power after the acquisition shall be conducted under the name of Oregon Community Power. [2007 c.807 §15]
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Note: See note under 757.812.
ORS 757.868 Oregon Community Power to be successor in interest to incumbent utility; rules. (1) If Oregon Community Power acquires an incumbent utility under ORS 757.812 to 757.950, unless otherwise required by the Oregon Constitution, Oregon Community Power shall constitute the successor in interest to the incumbent utility as of the date of the acquisition for all purposes, including but not limited to
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(a) Allocation of territory and contracts allocating territory; (b) City franchise fee agreements; and (c) Contracts or obligations of any nature, to the extent the contracts or obligations apply to a successor in interest to the incumbent utility. (2) Until the board of director…
ORS 757.870 [1987 c.388 §2; 1989 c.5 §13; 1989 c.574 §6; renumbered 759.040 in 1989]
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[Repealed or reserved.]
ORS 757.872 Equity and assets of incumbent utility held in trust; disclaimer of state interest. (1) Any equity of the incumbent utility, any electric utility assets of the incumbent utility or any combination of equity and assets of the incumbent utility that Oregon Community Power acquires under ORS 757.812 to 757.950 shall be held in trust by Oregon Community Power, acting as a trustee, for the exclusive purpose of carrying out the powers, rights and privileges of Oregon Community Power under ORS 757.812 to 757.950 for the benefit of the retail electricity consumers of Oregon Community Power. Notwithstanding any other provision of law, retail electricity consumers of Oregon Community Power may not pursue any judicial remedy in any court of this state for any action of Oregon Community Power, except as provided in ORS 757.812 to 757.950
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(2) The State of Oregon declares that it has no proprietary interest in Oregon Community Power or in any tangible or intangible property of any form owned or acquired by Oregon Community Power. The state disclaims any right to reclaim any contributions made to Oregon Community Po…