Title 57, Utility Regulation

(1) As used in this section and ORS 758.125 and 758.130: (a) “Attachment” has the meaning given that term in ORS 757.270. (b) “Broadband” has the meaning given that term in ORS 276A.406. (c) “Commercial broadband service provider” means a provider of broadband service that is not…

(1) ORS 758.120 does not alter the rights of an electric cooperative or commercial broadband service provider to acquire the rights to use real property for broadband services through any other means authorized by law. (2) ORS 758.120 does not authorize an expanded use that is ex…

(1) An electric cooperative that exercises the authority granted under ORS 758.120 for the provision of broadband services: (a) For as long as the electric cooperative maintains an exclusive right to provide electric service to customers within its exclusive service territory, ma…

The legislature finds that in many areas of this state landowners, utilities and public authorities desire to convert existing overhead electric and communication facilities to underground facilities by means of special assessment proceedings. The legislature declares that a publ…

As used in ORS 758.210 to 758.270, unless the context requires otherwise: (1) “Convert,” “converting” or “conversion” means the removal of overhead electric or communication facilities and the replacement thereof with underground electric or communication facilities at the same o…

(1) A public authority shall have the power to require the conversion of overhead electric or communication facilities to underground facilities; to provide and receive funds to pay for such conversion; and to assess the whole or any part of the cost thereof against the real prop…

(1) A proceeding for conversion may be initiated: (a) By a petition signed by not less than 60 percent of the landowners within the proposed assessment district who own not less than 60 percent of the land area within the district; or (b) By an ordinance or resolution of a public…

(1) Upon presentation of the petition and certificate of sufficiency, or upon adoption of an ordinance or resolution, the public authority shall proceed in the manner provided by ORS 223.389. (2) Unless the charter of a county provides otherwise, a county shall declare a proposed…

Unless otherwise provided by ORS 758.210 to 758.270, the provisions relating to the procedure for local improvements in cities, as set forth in ORS 223.205, 223.210 to 223.295, 223.387 to 223.399, 223.401, 223.405 to 223.485, 223.505 to 223.595, 223.610, 223.615 to 223.650 and 22…

(1) When a public authority in accordance with ORS 758.230 determines that a conversion shall be made, it may contract with the utilities supplying electric or communication service within the underground assessment district to perform the conversion. A contract shall provide: (a…

Upon completion of the conversion of the overhead electric or communication facilities on public lands and right of way to underground, the affected utility shall file a verified statement of the costs of such conversion with the public authority. The public authority shall adopt…

(1) Any conversion of electric or communication service facilities, including service connections, located on a privately owned lot or parcel shall be made at the expense of the landowner by the utility owning the facility. The conversion shall be made in accordance with applicab…

If the owner of any structure or improvement served from the overhead electric or communication service facilities within an underground assessment district does not grant the utility a permit or easement referred to in ORS 758.250 or if such an owner fails to convert to undergro…

To the extent that the contract between the utility and the public authority provides that all or any part of the conversion work shall be performed by the utility, any statute or charter provision requiring competitive bidding and the award of a contract to the lowest responsibl…

Once converted, no overhead electric or communication facilities shall be installed, maintained or operated in any underground assessment district except as authorized by ORS 758.210 to 758.270. [1969 c.385 §12]

ORS 758.210 to 758.270 are supplemental and cumulative of existing rights, laws, charters, ordinances and franchises and shall not abrogate or modify any franchise granted to a utility by any local government or abrogate or modify in any way existing rights, laws, charters or ord…

For the purposes of ORS 758.280 to 758.286: (1) “Electric facilities” means lines, conduits, ducts, poles, wires, pipes, conductors, cables, crossarms, receivers, transmitters, transformers, instruments, machines, appliances and all other devices and apparatuses used, operated, o…

(1) An electric utility is immune from any civil liability for pruning or removing vegetation that is growing on property on which electric facilities are located, or growing on property that is adjacent to property on which electric facilities are located, if the pruning or remo…

(1) An electric utility is immune from any civil liability for pruning or removing vegetation that is growing on property on which electric facilities are located, or growing on property that is adjacent to property on which electric facilities are located, if the pruning or remo…

The immunities provided by ORS 758.280 to 758.284 do not affect any liability that an electric utility may have for the costs of abating fires under ORS 477.064 to 477.120. [2001 c.420 §4] Note: See note under 758.280. WATER UTILITIES

As used in ORS 758.300 to 758.320: (1) “Commission” means the Public Utility Commission. (2) “Community water supply system” means a water source and distribution system, whether publicly or privately owned, that serves more than three residences or other users to whom water is p…

(1) A water utility may apply to the Public Utility Commission for an order designating an area as an exclusive service territory for the water utility. The commission may designate as an exclusive service territory any area that on the date of application is being served in an a…

(1) Designated service territories of a water utility approved by the Public Utility Commission shall be exclusive. A water utility or community water supply system shall not provide water utility service within the designated exclusive service territory of another water utility …

(1) The rights acquired by the designation of an exclusive service territory may be assigned or transferred only with the approval of the Public Utility Commission after a finding that the assignment or transfer is in the public interest. However, a hearing is not required if at …

In the event a designated exclusive service territory is served by a person not authorized by the Public Utility Commission, the commission or the water utility designated by the commission to serve the area may file an action for injunctive relief in the circuit court for any co…

(1) The provisions of ORS 758.300 to 758.320 shall not be construed to restrict the powers granted to cities to issue franchises or to restrict the powers of condemnation of a municipality. (2) The provisions of ORS 758.300 to 758.320 shall not be construed to restrict the format…

As used in ORS 758.015 and 758.400 to 758.475 unless the context requires otherwise: (1) “Allocated territory” means an area with boundaries established by a contract between persons furnishing a similar utility service and approved by the Public Utility Commission or established…

The elimination and future prevention of duplication of utility facilities is a matter of statewide concern; and in order to promote the efficient and economic use and development and the safety of operation of utility services while providing adequate and reasonable service to a…

(1) Any person providing a utility service may contract with any other person providing a similar utility service for the purpose of allocating territories and customers between the parties and designating which territories and customers are to be served by which of said contract…

Notwithstanding any other provisions of law, a contract entered into pursuant to ORS 758.410, when approved by the Public Utility Commission as provided in ORS 758.420 to 758.475, shall be valid and enforceable; provided, that the commission shall approve such a contract only if …

(1) A person who enters into a contract pursuant to ORS 758.410 shall promptly file the contract with the Public Utility Commission. A contract filed under this section must include a copy of the notice of the filing to be given to all customers of record, and the person shall, w…

(1) On the basis of the applicant’s filing or, if there is a hearing, on the record made at the hearing held pursuant to ORS 758.420, the Public Utility Commission shall enter an order either approving or disapproving the contract as filed, together with any appropriate findings …

Any contract that has been approved as provided in ORS 758.400 to 758.475 may be subsequently amended by the parties thereto, but any such amendatory agreement shall be filed with the Public Utility Commission and shall thereafter be approved or disapproved by the commission in t…

(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 ap…

(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 t…

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 s…

(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. (2) Except as provided in subsection (4) of this section, no other person shall offer, construct or exten…

(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, …

(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 cu…

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 f…

(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 p…

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, appe…

(1) As used in this section: (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”…

As used in ORS 758.505 to 758.555: (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) “Cogenerat…

The Legislative Assembly finds and declares that: (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 high…

(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…

(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. (2) The terms and conditions for the purchase of ene…

(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 utili…

(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…

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]