2017 ORS 757.518¹
Elimination of coal-fired resources from allocations of electricity
  • depreciation
  • exception
  • useful life of coal-fired resources
  • rates

(1) As used in this section:

(a) “Allocation of electricity” means, for the purpose of setting electricity rates, the costs and benefits associated with the resources used to provide electricity to an electric company’s retail electricity consumers that are located in this state.

(b)(A) “Coal-fired resource” means a facility that uses coal-fired generating units, or that uses units fired in whole or in part by coal as feedstock, to generate electricity.

(B) “Coal-fired resource” does not include a facility generating electricity that is included as part of a limited duration wholesale power purchase made by an electric company for immediate delivery to retail electricity consumers that are located in this state for which the source of the power is not known.

(c) “Electric company” has the meaning given that term in ORS 757.600 (Definitions for ORS 757.600 to 757.689).

(d) “Retail electricity consumer” has the meaning given that term in ORS 757.600 (Definitions for ORS 757.600 to 757.689).

(2) On or before January 1, 2030, an electric company shall eliminate coal-fired resources from its allocation of electricity.

(3)(a) The Public Utility Commission shall adjust any schedule of depreciation approved by the commission for an electric company’s coal-fired resource if:

(A) The electric company holds a minority ownership share in only one coal-fired resource, with no more than four generating units; and

(B) The electric company serves at least 800,000 retail electricity consumers and only retail electricity consumers that are located in this state.

(b) The adjusted depreciation schedule described in paragraph (a) of this subsection must require the coal-fired resource described in paragraph (a)(A) of this subsection to be fully depreciated on or before December 31, 2030.

(4) Notwithstanding subsections (2) and (3) of this section, for the number of years requested by the electric company, not to exceed five years after the coal-fired resource is fully depreciated, the commission shall authorize an electric company described in subsection (3) of this section to include in the company’s allocation of electricity the costs and benefits associated with the coal-fired resource described in subsection (3)(a)(A) of this section if:

(a) The electric company requests the commission to authorize the allocation of electricity; or

(b) The owners of the coal-fired resource agree to close the coal-fired resource on or before the date that is five years after the date the coal-fired resource is fully depreciated.

(5) For purposes of evaluating the prudence of an investment decision regarding a coal-fired resource made after March 8, 2016, or an investment related to the continued operation of a coal-fired resource made after March 8, 2016, the useful life of the coal-fired resource may not be considered to be any later than January 1, 2030, unless the commission determines otherwise.

(6) Notwithstanding ORS 757.355 (Costs of property not presently providing utility service excluded from rate base), this section does not prevent the full recovery of prudently incurred costs related to the decommissioning or remediation of a coal-fired resource or the closure of a coal-fired resource, at the time those costs are incurred. [2016 c.28 §1]

Note: 757.518 (Elimination of coal-fired resources from allocations of electricity) and 757.519 (Consideration of net gain or net loss upon sale of coal-fired resource for allocation to certain retail electricity consumers) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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)

Refund is proper exercise of Public Utility Commission’s general powers if refund (1) is based only on in­for­ma­­tion in existence at time of rate order for which refund is being made; (2) is not based on evalua­tion of public utility’s actual expenses or revenues; and (3) is not effectuated by offsetting future rates. Gearhart v. Public Utility Commission, 255 Or App 58, 299 P3d 533 (2013), aff’d 356 Or 216, 339 P3d 904 (2014)

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/­ors757.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 757, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano757.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.