Use of fees to make emergency repairs to water service plants
(1) In each biennium the Public Utility Commission may use not more than $5,000 of the fees collected under ORS 756.310 (Annual fees payable by utilities and telecommunications providers) to make emergency repairs to the plants of public utilities providing water service. The commission may expend moneys under the provisions of this section only if the commission determines that:
(a) Customers of the utility are without service and are likely to remain without service for an unreasonable period of time;
(b) The utility is unwilling or unable to make emergency repairs, or cannot be found after reasonable effort; and
(c) Restoration of the service is necessary for the health and safety of the customers of the utility.
(2) The commission shall attempt to recover fees used under this section from the utility providing water service. The commission may also recover a penalty as provided in ORS 756.350 (Penalty for failure to pay fees) from the time the fees are expended. [2003 c.202 §8]
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