Chapter 758 — Chapter 758
74 sections in this chapter.
ORS 758.435 Application for allocation of territory; hearing on application; notice. (1) Any person providing a utility service in a territory that is not served by another person providing a similar utility service may file an application with the Public Utility Commission for an order allocating such territory to the person providing the utility service. The application may include any adjacent area when it is more economical and feasible to serve the adjacent area by an extension of the applicant’s existing facilities than by an extension of the facilities of another person. An application must include a copy of the notice of the filing to be given to all customers of record, and the applicant shall, within 30 days after filing an application under this section, give notice of the filing in the manner provided by subsection (4) of this section
1.6K chars
(2) Within 30 days after the filing of an application under this section, the commission shall give notice of the filing to all providers of similar utility services in the areas adjacent to the area covered by the application. (3) If the commission chooses, or if a customer requ…
ORS 758.440 Order of commission on application. (1) On the basis of the application, or, if there is a hearing, on the record made at the hearing held pursuant to ORS 758.435, the Public Utility Commission shall enter an order either approving or disapproving the application as filed, or as amended, together with findings of the facts supporting such order
0.4K chars
(2) The commission, before approving an application for the allocation of territory, shall find that the applicant is exclusively serving the territory covered by the application and in the case of an adjacent unserved area that it is more economical and feasible to serve by an e…
ORS 758.445 Judicial review of order on application. An order of the Public Utility Commission under ORS 758.440 is subject to judicial review in the manner provided by ORS 756.610. If a petition for judicial review is not filed within the specified time, the order shall thereafter be valid and enforceable for the purposes herein specified from the date on which the right to file a petition for judicial review expires. [Formerly 757.650; 2005 c.638 §14; 2017 c.312 §9]
0.0K chars
[Repealed or reserved.]
ORS 758.450 Contract required for allocation of territory; prohibited activities; exceptions; third party financing. (1) Territory served by more than one person providing similar utility service may only become an allocated territory by a contract approved by the Public Utility Commission
1.6K chars
(2) Except as provided in subsection (4) of this section, no other person shall offer, construct or extend utility service in or into an allocated territory. (3) Except as provided in subsection (4) of this section, during the pendency of an application for an allocation of exclu…
ORS 758.455 Investigation by commission respecting contracts or applications; hearing procedure. (1) The Public Utility Commission may make such investigations respecting a contract or an application for the allocation of territory as the commission deems proper including the physical examinations and evaluations of the facilities and systems of the parties to the contract, estimates of their operating costs and revenues and studies of such other information as the commission deems pertinent
0.4K chars
(2) Insofar as applicable and consistent herewith, the provisions of ORS 756.500 to 756.610 shall govern the conduct of hearings. (3) In considering competing applications to serve the same territory, there shall be a disputable presumption that applicants have an equal ability t…
ORS 758.460 Assignment or transfer of rights acquired by allocation; approval of commission. (1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a finding that such assignment or transfer is not contrary to the public interest. However, no hearing is required if all affected customers agree to the proposed assignment or transfer
0.6K chars
(2) No approved contract or order approving an allocation of territory shall be construed to confer any property right; providing, however, upon the death of an individual who is a party to an approved contract or the applicant under an approved order, the executor or administrat…
ORS 758.465 Enforcement procedure. In the event a contract approved by the Public Utility Commission is breached or in the event an allocated territory is served by a person not authorized by such contract, or order of the commission, the aggrieved person or the commission may file an action in the circuit court for any county in which is located some or all of the allocated territory allegedly involved in said breach or invasion, for an injunction against said alleged breach or invasion. The trial of such action shall proceed as in an action not triable by right to a jury. Any party may appeal to the Court of Appeals from the court’s judgment, as in other equity cases. The remedy provided in this section shall be in addition to any other remedy provided by law. [Formerly 757.675; 1979 c.284 §198; 2003 c.576 §561]
0.0K chars
[Repealed or reserved.]
ORS 758.470 Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475. (1) ORS 758.015 and 758.400 to 758.475 shall not be construed or applied to restrict the powers granted to cities to issue franchises, or to restrict the exercise of the power of condemnation by a municipality; and when a municipality has condemned or otherwise acquired another person’s equipment, plant or facilities for rendering utility service, it shall acquire all of the rights of the person whose property is condemned to serve the territory served by the acquired properties
0.5K chars
(2) ORS 758.015 and 758.400 to 758.475 shall not be construed to restrict the right of a municipality to provide utility service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location. (3) ORS 758.015 and 758.400 …
ORS 758.475 Fees. Except in cases under ORS 758.430 and 758.460 where no hearing is required, to cover the costs of administering ORS 758.015 and 758.400 to 758.475 the Public Utility Commission is required to receive fees before filing any contract, application, petition, complaint, protest, appearance, motion, answer or other pleading and for holding any hearing. All fees shall be collected in accordance with the following schedule
0.8K chars
(1) Filing application for allocated territory under ORS 758.435 by a person having annual gross revenue derived from within the state for the calendar year 1960: (a) In excess of $5 million or more, a fee of two-tenths of one mill of such revenue but in no event shall such fee e…
ORS 758.480 Assumption of obligations arising out of Trojan Nuclear Plant. (1) As used in this section
3.1K chars
(a) “Agreement” means the agreement dated October 5, 1970, and titled “Agreement for Construction, Ownership and Operation of the Trojan Nuclear Plant,” as amended. (b) “Allocated territory” has the meaning given that term in ORS 758.400. (c) “Person” means: (A) A person as defin…
ORS 758.500 [1979 c.730 §2; 1981 c.714 §1; repealed by 1981 c.714 §5 and by 1983 c.799 §9]
0.1K chars
COGENERATION AND SMALL POWER PRODUCTION FACILITIES
ORS 758.505 Definitions for ORS 758.505 to 758.555. As used in ORS 758.505 to 758.555
2.1K chars
(1) “Avoided cost” means the incremental cost to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility. (2) “Cogeneration facility” means a facility that…
ORS 758.510 [1979 c.730 §3; 1981 c.714 §2; repealed by 1981 c.714 §7 and by 1983 c.799 §9]
0.0K chars
[Repealed or reserved.]
ORS 758.515 Legislative findings. The Legislative Assembly finds and declares that
0.9K chars
(1) The State of Oregon has abundant renewable resources. (2) It is the goal of Oregon to: (a) Promote the development of a diverse array of permanently sustainable energy resources using the public and private sectors to the highest degree possible; and (b) Insure that rates for…
ORS 758.520 [1979 c.730 §4; 1981 c.714 §3; repealed by 1981 c.714 §9 and by 1983 c.799 §9]
0.0K chars
[Repealed or reserved.]
ORS 758.525 Avoided cost schedules; filing; requirement to purchase energy from qualifying facilities. (1) At least once every two years each electric utility shall prepare, publish and file with the Public Utility Commission a schedule of avoided costs equaling the utility’s forecasted incremental cost of electric resources over at least the next 20 years. Prices contained in the schedules filed by public utilities shall be reviewed and approved by the commission
1.1K chars
(2) An electric utility shall offer to purchase energy or energy and capacity whether delivered directly or indirectly from a qualifying facility. Except as provided in subsection (3) of this section, the price for such a purchase shall not be less than the utility’s avoided cost…
ORS 758.530 [1979 c.730 §5; 1981 c.714 §4; repealed by 1981 c.714 §11 and by 1983 c.799 §9]
0.0K chars
[Repealed or reserved.]
ORS 758.535 Criteria for qualifying facility; terms and conditions of energy sale. (1) The Public Utility Commission shall establish minimum criteria that a cogeneration facility or small power production facility must meet to qualify as a qualifying facility under ORS 543.610, 757.005 and 758.505 to 758.555
1.1K chars
(2) The terms and conditions for the purchase of energy or energy and capacity from a qualifying facility shall: (a) Be established by rule by the commission if the purchase is by a public utility; (b) Be adopted by an electric cooperative or people’s utility district according t…
ORS 758.540 [1979 c.730 §6; repealed by 1981 c.714 §13]
0.0K chars
[Repealed or reserved.]
ORS 758.545 Electric utility required to make good faith effort to transmit energy; remedy. (1) If an electric utility fails to make a good faith effort to comply with a request from a qualifying facility to transmit energy or energy and capacity produced by the qualifying facility to another electric utility or to the Bonneville Power Administration, the electric utility shall purchase the qualifying facility’s energy or energy and capacity at a price which is the higher of
0.4K chars
(a) The electric utility’s avoided cost; or (b) The index rate. (2) As used in this section, “good faith effort” shall be demonstrated by the electric utility’s publication of a generally applicable, reasonable policy of the electric utility to allow a qualifying facility to use …
ORS 758.550 [1979 c.730 §7; repealed by 1983 c.799 §9]
0.0K chars
[Repealed or reserved.]
ORS 758.552 Ownership of renewable energy certificates for energy generated by qualifying facility. (1) For contracts executed pursuant to the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) and in effect prior to November 30, 2005, renewable energy certificates created pursuant to a system established by the State Department of Energy under ORS 469A.130, for generation during the term of such a contract, are owned by the owner of a qualifying facility, unless the owner has transferred a certificate in a contract between the owner and another person
0.4K chars
(2) Subsection (1) of this section applies to qualifying facilities that: (a) Are located in this state; (b) Are certified as qualifying small power production facilities or qualifying cogeneration facilities under the Federal Power Act (16 U.S.C. 796) as in effect on June 7, 201…
ORS 758.555 Effect of energy sales on qualifying facility. A qualifying facility shall not become a public utility within the meaning of ORS 757.005 on account of sales made under ORS 543.610, 757.005 and 758.505 to 758.555. [1983 c.799 §6]
0.0K chars
[Repealed or reserved.]
ORS 758.990 [Renumbered 757.992]
0.0K chars
_______________