2007 ORS 469A.120¹
Cost recovery by electric companies

(1) Except as provided in ORS 469A.180 (Electric companies) (5), all prudently incurred costs associated with compliance with a renewable portfolio standard are recoverable in the rates of an electric company, including interconnection costs, costs associated with using physical or financial assets to integrate, firm or shape renewable energy sources on a firm annual basis to meet retail electricity needs and other costs associated with transmission and delivery of qualifying electricity to retail electricity consumers.

(2) Costs associated with compliance with a renewable portfolio standard are not an above-market cost for the purposes of ORS 757.600 (Definitions for ORS 757.600 to 757.689) to 757.689 (Recovery of costs of energy conservation measures in rates of electric company).

(3) The Public Utility Commission shall establish an automatic adjustment clause as defined in ORS 757.210 (Hearing to establish new schedules) or another method that allows timely recovery of costs prudently incurred by an electric company to construct or otherwise acquire facilities that generate electricity from renewable energy sources and for associated electricity transmission. Notwithstanding any other provision of law, upon the request of any interested person the commission shall conduct a proceeding to establish the terms of the automatic adjustment clause or other method for timely recovery of costs. The commission shall provide parties to the proceeding with the procedural rights described in ORS 756.500 (Complaint) to 756.610 (Judicial review), including but not limited to the opportunity to develop an evidentiary record, conduct discovery, introduce evidence, conduct cross-examination and submit written briefs and oral argument. The commission shall issue a written order with findings on the evidentiary record developed in the proceeding.

(4) An electric company must file with the commission for approval of a proposed rate change to recover costs under the terms of an automatic adjustment clause or other method for timely recovery of costs established under subsection (3) of this section. Notwithstanding any other provision of law, upon the request of any interested person the commission shall conduct a proceeding to determine whether to approve a proposed change in rates under the automatic adjustment clause or other method for timely recovery of costs. The commission shall provide parties to the proceeding with the procedural rights described in ORS 756.500 (Complaint) to 756.610 (Judicial review), including but not limited to the opportunity to develop an evidentiary record, conduct discovery, introduce evidence, conduct cross-examination and submit written briefs and oral argument. The commission shall issue a written order with findings on the evidentiary record developed in the proceeding. A filing made under this subsection is subject to the commission’s authority under ORS 757.215 (Commission authorized to suspend new rates or order interim rates during hearings) to suspend a rate, or schedule of rates, for investigation. [2007 c.301 §13]

Note: Section 13a, chapter 301, Oregon Laws 2007, provides:

Sec. 13a. The Public Utility Commission shall establish the automatic adjustment clause or another method for timely recovery of costs as required by section 13 (3) of this 2007 Act [469A.120 (Cost recovery by electric companies) (3)] no later than January 1, 2008. The clause or method shall apply to all prudently incurred costs described in section 13 (3) of this 2007 Act incurred by an electric company since the date of the company’s last general rate case that was decided by the commission before the effective date of this 2007 Act [June 6, 2007]. [2007 c.301 §13a]

1 Legislative Counsel Committee, CHAPTER 469A—Renewable Portfolio Standards, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­469a.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.