ORS 469A.062¹
Temporary exemption for purposes of meeting reliability standards of North American Electric Reliability Corporation

(1) Upon its own motion or at the request of an electric company, the Public Utility Commission may open an investigation to determine whether an electric company’s compliance with one or more of the requirements of ORS 469A.052 (Large utility renewable portfolio standard) is likely to result in conflicts with or compromises to the electric company’s obligation to comply with the mandatory and enforceable reliability standards of the North American Electric Reliability Corporation, or compromises to the integrity of the electric company’s electrical system. An electric company making a request under this subsection must submit an application to the commission that includes:

(a) An explanation of the reliability or integrity issue and how a temporary exemption from complying with one or more of the requirements of ORS 469A.052 (Large utility renewable portfolio standard) will avoid the reliability or integrity issue; and

(b) A plan to achieve full compliance with the requirements of ORS 469A.052 (Large utility renewable portfolio standard).

(2) In applying for a temporary exemption under this section, an electric company has the burden of demonstrating that compliance with one or more of the requirements of ORS 469A.052 (Large utility renewable portfolio standard) is likely to result in:

(a) Conflicts with or compromises to the electric company’s obligation to comply with the mandatory and enforceable reliability standards of the North American Electric Reliability Corporation; or

(b) Compromises to the integrity of the electric company’s electrical system.

(3) If the commission determines under this section that compliance with one or more of the requirements of ORS 469A.052 (Large utility renewable portfolio standard) is likely to result in conflicts with or compromises to an electric company’s obligation to comply with the mandatory and enforceable reliability standards of the North American Electric Reliability Corporation, or compromises to the integrity of the electric company’s electrical system, the commission shall issue an order:

(a) Notwithstanding ORS 469A.052 (Large utility renewable portfolio standard), temporarily exempting the electric company from one or more of the requirements of ORS 469A.052 (Large utility renewable portfolio standard) for an amount of time sufficient to allow the electric company to achieve full compliance with the requirements of ORS 469A.052 (Large utility renewable portfolio standard);

(b) Directing the electric company to file a progress report on achieving full compliance with the requirements of ORS 469A.052 (Large utility renewable portfolio standard) within six months after issuing the order, or within an amount of time determined to be reasonable by the commission; and

(c) Directing the electric company to take specific actions to achieve full compliance with the requirements of ORS 469A.052 (Large utility renewable portfolio standard).

(4) An electric company may request an extension of a temporary exemption granted under this section.

(5) This section does not permanently relieve an electric company of its obligation to comply with the requirements of ORS 469A.052 (Large utility renewable portfolio standard). [2016 c.28 §13]

1 Legislative Counsel Committee, CHAPTER 469A—Renewable Portfolio Standards, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors469A.­html (2019) (last ac­cessed May 16, 2020).
 
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.
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