2011 ORS § 757.536¹
Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard
  • rules

(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 under the commitment is produced by a generating facility that complies with the greenhouse gas emissions standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers).

(b) The commission shall revoke the certification under ORS 757.649 (Certification of electricity service suppliers) of an electricity service supplier entering into a long-term financial commitment to serve customers in this state if baseload electricity acquired under the commitment is produced by a generating facility that does not comply with the greenhouse gas emissions performance standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers).

(2) Pursuant to ORS 756.040 (General powers), the commission shall adopt rules for the implementation of this section.

(3) Within 90 days of application by an electric company or electricity service supplier, the commission shall determine whether the electric companys or electricity service suppliers proposal to enter into a long-term financial commitment complies with the greenhouse gas emissions standard established under ORS 757.524 (Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers). The commission may not decide in a proceeding under this subsection issues involving the actual costs to construct and operate the selected resource, cost recovery or other issues reserved by the commission for decision in a general rate case or other proceeding for recovery of the resource or contract costs. [2009 c.751 §6]

Note: See note under 757.522 (Definitions).