2015 ORS 757.659¹
Commission rules
  • contents

According to the applicable provisions of ORS 756.060 (Authority to adopt rules and regulations) and ORS chapter 183, the Public Utility Commission shall adopt such rules as are necessary to implement ORS 757.600 (Definitions for ORS 757.600 to 757.689) to 757.667 (City authority over rights of way). Rules adopted by the commission shall address at least the following:

(1) Requirements and methodologies for each electric company to provide unbundled rates and services pursuant to ORS 757.642 (Unbundling electricity assets).

(2) Requirements for each electric company allowing aggregation of electricity loads pursuant to ORS 757.627 (Retail electricity consumers eligible for direct access may aggregate electricity loads), which may include aggregation of demand for other services available under direct access.

(3) Requirements for consumer protection. Consumer protection rules adopted by the commission that relate to electricity service suppliers shall be applicable throughout this state and shall, at a minimum, contain provisions for the disclosure of price, power source and environmental impact in contract offers and marketing information.

(4) Market valuation methodologies for determining the amount and recovery of the costs of uneconomic utility investment and the amount of and credit for economic utility investment.

(5) Requirements for each electric company to offer a portfolio of rate options under ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers).

(6) The method of determining a default supplier for those consumers who are not eligible to participate in a portfolio program under ORS 757.603 (Electric company required to provide cost-of-service rate option to all retail electricity consumers) in a manner that provides for viable competition among electricity service suppliers and among power generation companies. The commission may condition the use of a default service option by requiring reasonable notice and commitment from a consumer who intends to use the default service option in nonemergency situations.

(7) Requirements for market structure described in ORS 757.646 (Commission policies to eliminate barriers to competitive retail market structures and rules to establish code of conduct for electric companies).

(8) Requirements for public purpose charges and credits under ORS 757.612 (Requirements for public purpose expenditures).

(9) Requirements for meters, metering services, billing and collection services, and customer response functions. [1999 c.865 §15; 2001 c.683 §19]

Chapter 757

Notes of Decisions

Under regulatory scheme, Public Utility Commissioner has authority to promulgate rule limiting telephone companys 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 Commissions 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 utilitys 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), affd 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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 757, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano757.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.