Chapter 774 — Chapter 774

ORS 774.010 Definitions. As used in this chapter, except as otherwise specifically provided or unless the context requires otherwise

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ORS 774.020 Policy. The people of the State of Oregon hereby find that utility consumers need an effective advocate to assure that public policies affecting the quality and price of utility services reflect their needs and interests, that utility consumers have the right to form an organization which will represent their interests before legislative, administrative and judicial bodies, and that utility consumers need a convenient manner of contributing to the funding of such an organization so that it can advocate forcefully and vigorously on their behalf concerning all matters of public policy affecting their health, welfare and economic well-being. [1985 c.1 §1]

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ORS 774.030 Citizens’ Utility Board; powers. (1) The Citizens’ Utility Board is hereby created as an independent nonprofit public corporation and is authorized to carry out the provisions of this chapter

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ORS 774.040 Membership on board. (1) All consumers are eligible for membership in the Citizens’ Utility Board. A consumer shall become a member of the Citizens’ Utility Board upon contribution of at least $5 but not more than $100 per year to the Citizens’ Utility Board. Each member shall be entitled to cast one vote for the election of the Citizens’ Utility Board of Governors. The board shall establish a method whereby economically disadvantaged individuals may become members of the Citizens’ Utility Board without full payment of the yearly contribution

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ORS 774.060 Board of Governors; duties; executive committee. The Citizens’ Utility Board of Governors shall manage the affairs of the Citizens’ Utility Board. The board may delegate to an executive committee composed of not fewer than five members of the board the authority as would be allowed by ORS 65.354. [1985 c.1 §4; 1989 c.1010 §180]

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ORS 774.070 Election of board; term; qualifications; statement of financial interest; disqualification of candidate; recall; vacancies. (1) The Citizens’ Utility Board of Governors shall be composed of three persons elected from each congressional district of this state by a majority of the votes cast by members residing in that district. The election shall be conducted by mail ballot in such manner as the Citizens’ Utility Board of Governors may prescribe

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ORS 774.110 Meetings. All meetings of the Citizens’ Utility Board of Governors shall be open to the public, except under the same circumstances in which a public agency would be allowed to hold executive meetings under ORS 192.660. [1985 c.1 §8]

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ORS 774.120 Inclusion of information in utility billings; frequency; notice; duty of utility to forward board mail. (1) Upon request by the Citizens’ Utility Board pursuant to this section, each utility shall include in billings to a utility consumer materials prepared and furnished by the Citizens’ Utility Board, not exceeding in folded size the dimensions of the envelope customarily used by such utility to send billings to its customers

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ORS 774.130 Mailing costs; reimbursement. (1) The Citizens’ Utility Board shall not be required to pay any postage charges for materials submitted by the Citizens’ Utility Board for inclusion in a utility billing if such materials weigh four-tenths of one ounce avoirdupois or less. If the materials submitted weigh over four-tenths of one ounce avoirdupois, then the Citizens’ Utility Board shall reimburse the utility for a portion of the postage costs which is equal to that portion of the Citizens’ Utility Board material over four-tenths of one ounce avoirdupois in proportion to the total weight of the billing. In addition to postage costs, the Citizens’ Utility Board shall reimburse such other reasonable costs, as determined by the Public Utility Commission of Oregon, incurred by a utility in complying with ORS 774.120

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ORS 774.140 Interference with mailings or contributions. (1) No utility, nor any of its employees, officers, members of the board of directors, agents, contractors or assignees, shall in any manner interfere with, delay, alter or otherwise discourage the distribution of any material or statement authorized by the provisions of this chapter for inclusion in periodic utility billings, nor in any manner interfere with, hamper, hinder or otherwise infringe upon a utility consumer’s right to contribute to Citizens’ Utility Board, nor in any manner hamper, hinder, harass, penalize or retaliate against any utility consumer because of the consumer’s contribution to, or participation in, any activities of the Citizens’ Utility Board

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ORS 774.160 Disposition of complaints. Citizens’ Utility Board may submit to the appropriate agency any complaint it receives regarding a utility company. Public agencies shall periodically inform Citizens’ Utility Board of any action taken on complaints received pursuant to this section. [1985 c.1 §13]

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ORS 774.180 Intervention in agency proceedings affecting utility consumers; standing to obtain judicial or administrative review. Notwithstanding any other provision of law

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ORS 774.190 Applicability of certain laws to board; protection from liability. (1) ORS 279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 278, 279A, 279B, 279C, 282, 283, 291, 292, 293, 295 and 297 do not apply to Citizens’ Utility Board or to the administration and enforcement of this chapter. An employee of Citizens’ Utility Board is not considered an “employee” as the term is defined in the public employees retirement laws. Citizens’ Utility Board and its employees are exempt from the provisions of the State Personnel Relations Law

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ORS 774.210 Remedies; attorney fees. (1) Any utility, and any of its employees, officers, members of the board of directors, agents, contractors or assignees which does, or causes or permits to be done, any matter, act or other thing prohibited by this chapter, or omits to do any act, matter or other thing required to be done by this chapter, is liable for any injury to Citizens’ Utility Board and to any other person in the amount of damages sustained in consequence of such violation. The court may award reasonable attorney fees to the prevailing party in an action under this section

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ORS 774.250 Severability. If any section, portion, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force or effect, and to this end the provisions of this chapter are severable. [1985 c.1 §18]

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ORS 774.990 Penalty. Willful violation of ORS 774.120 (1) or (5) or 774.140 is a Class A misdemeanor. [1985 c.1 §17]

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