2017 ORS 469.080¹
Energy resource information
  • subpoena power
  • depositions
  • limitations on obtaining information
  • protection from abuse

(1) The Director of the State Department of Energy may obtain all necessary information from producers, suppliers and consumers of energy resources within Oregon, and from political subdivisions in this state, as necessary to carry out ORS 176.820 (State Department of Energy Account), 192.338 (Exempt and nonexempt public record to be separated), 192.345 (Public records conditionally exempt from disclosure), 192.355 (Public records exempt from disclosure), 192.690 (Exceptions to ORS 192.610 to 192.690), 469.010 (Policy) to 469.155 (Advisory energy conservation standards for dwellings), 469.300 (Definitions) to 469.563 (Court orders for enforcement), 469.990 (Penalties), 469.992 (Civil penalties), 757.710 (Emergency curtailment plan required) and 757.720 (Factors to be considered in approving plan). Such information may include, but not be limited to:

(a) Sales volume;

(b) Forecasts of energy resource requirements;

(c) Inventory of energy resources; and

(d) Local distribution patterns of information under paragraphs (a) to (c) of this subsection.

(2) In obtaining information under subsection (1) of this section, the director, with the written consent of the Governor, may subpoena witnesses, material and relevant books, papers, accounts, records and memoranda, administer oaths, and may cause the depositions of persons residing within or without Oregon to be taken in the manner prescribed for depositions in civil actions in circuit courts, to obtain information relevant to energy resources.

(3) In obtaining information under this section, the director:

(a) Shall avoid eliciting information already furnished by a person or political subdivision in this state to a federal, state or local regulatory authority that is available to the director for such study; and

(b) Shall cause reporting procedures, including forms, to conform to existing requirements of federal, state and local regulatory authorities.

(4) Any person who is served with a subpoena to give testimony orally or in writing or to produce books, papers, correspondence, memoranda, agreements or the documents or records as provided in ORS 176.820 (State Department of Energy Account), 192.338 (Exempt and nonexempt public record to be separated), 192.345 (Public records conditionally exempt from disclosure), 192.355 (Public records exempt from disclosure), 192.690 (Exceptions to ORS 192.610 to 192.690), 469.010 (Policy) to 469.155 (Advisory energy conservation standards for dwellings), 469.300 (Definitions) to 469.563 (Court orders for enforcement), 469.990 (Penalties), 469.992 (Civil penalties), 757.710 (Emergency curtailment plan required) and 757.720 (Factors to be considered in approving plan), may apply to any circuit court in Oregon for protection against abuse or hardship in the manner provided in ORCP 36 C. [1975 c.606 §18; 1977 c.358 §9; 1977 c.794 §4a; 1979 c.284 §154; 2003 c.186 §18]

1 Legislative Counsel Committee, CHAPTER 469—Energy; Conservation Programs; Energy Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors469.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.