2017 ORS 469.895¹
Application of ORS 469.890 to 469.900 to publicly owned utility

(1) ORS 469.890 (Publicly owned utility to adopt commercial energy conservation program) and 469.900 (Duty of commission to avoid conflict with federal requirements) (3) and this section apply in any calendar year to a publicly owned utility only if during the second preceding calendar year sales of electric energy by the publicly owned utility for purposes other than resale exceeded 750 million kilowatt-hours. For the purpose of ORS 469.890 (Publicly owned utility to adopt commercial energy conservation program) and 469.900 (Duty of commission to avoid conflict with federal requirements) (3) and this section, a publicly owned utility with sales for nonresale purposes in excess of 750 million kilowatt-hours during the second preceding calendar year shall be known as a “covered publicly owned utility.”

(2) ORS 469.890 (Publicly owned utility to adopt commercial energy conservation program) and 469.900 (Duty of commission to avoid conflict with federal requirements) (3) and this section shall not apply to a covered publicly owned utility if the Director of the State Department of Energy determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections.

(3) Before the beginning of each calendar year, the director shall publish a list identifying each covered publicly owned utility to which ORS 469.890 (Publicly owned utility to adopt commercial energy conservation program) and 469.900 (Duty of commission to avoid conflict with federal requirements) (3) and this section shall apply during that calendar year.

(4) Any covered publicly owned utility is exempt from the requirements of ORS 469.880 (Energy audit program) and 469.885 (Publicly owned utility to adopt commercial energy audit program). [1981 c.708 §17; 2003 c.186 §52]

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.