2007 ORS 757.061¹
Regulation of water utilities
  • rules

(1) For the purposes of this section, "financial regulation" means regulation under ORS 757.105 (Filing of budget) to 757.110 (Effect of budget orders), 757.135 (Closing accounts and filing balance sheet), 757.140 (Depreciation accounts), 757.205 (Filing schedules with commission) to 757.220 (Notice of schedule changes required), 757.400 (Definition of "stocks") to 757.460 (Pledge of conservation investment assets as bond collateral) and 757.480 (Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility) to 757.495 (Contracts involving utilities and persons with affiliated interests).

(2) Except as provided in this section, water utilities that serve fewer than 500 customers are not subject to regulation under this chapter or required to pay the fee provided for in ORS 756.310 (Annual fees payable by utilities and telecommunications providers).

(3) A water utility that serves fewer than 500 customers and that provides wastewater services to the public inside the boundaries of a city is subject to regulation under this chapter and must pay the fee provided for in ORS 756.310 (Annual fees payable by utilities and telecommunications providers).

(4) A water utility that serves fewer than 500 customers and that is found by the Public Utility Commission to have provided inadequate or discriminatory service at any time is thereafter subject to regulation under this chapter and must pay the fee provided for in ORS 756.310 (Annual fees payable by utilities and telecommunications providers).

(5) A water utility that serves fewer than 500 customers and that at any time charges an average annual residential rate of $18 per month or more is thereafter subject to regulation under this chapter, other than financial regulation, and must pay the fee provided for in ORS 756.310 (Annual fees payable by utilities and telecommunications providers).

(6) A water utility that serves fewer than 500 customers is subject to financial regulation under this chapter, and must pay the fee provided for in ORS 756.310 (Annual fees payable by utilities and telecommunications providers), if:

(a) The Public Utility Commission grants a petition from a water utility requesting that the water utility be subject to financial regulation; or

(b) The water utility charges a rate for water service that exceeds a maximum rate established by the commission under subsection (7) of this section and 20 percent or more of the customers of the water utility file a petition with the commission requesting that the water utility be subject to financial regulation under this chapter.

(7) The commission shall adopt rules establishing maximum rates for water utilities serving fewer than 500 customers for the purpose of determining whether a petition may be filed under subsection (6)(b) of this section.

(8) Not less than 60 days before a water utility that serves fewer than 500 customers increases any rate to exceed any maximum rate prescribed under subsection (7) of this section, the water utility shall provide written notice to all of its customers advising the customers of their right to file a petition under subsection (6)(b) of this section. The commission shall adopt rules prescribing the content of the written notice. [1989 c.403 §2; 1999 c.330 §1; 2003 c.82 §1]

Chapter 757

Notes of Decisions

Under regulatory scheme, Public Utility Commissioner has authority to promulgate rule limiting telephone company's liability for directory listing errors or omissions. Garrison v. Pacific NW Bell, 45 Or App 523, 608 P2d 1206 (1980)

Atty. Gen. Opinions

Authority of Governor and Public Utility Commissioner to enter into binding agree­ments with respect to uniform curtail­ment plans, (1977) Vol 38, p 861

1 Legislative Counsel Committee, CHAPTER 757—Utility Regulation Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­757.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 757, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­757ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.