2015 ORS 757.822¹
Laws applicable to Oregon Community Power

(1) Except as provided in subsection (2) of this section, the provisions of ORS chapters 35, other than ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required), 180, 190, 192 and 244 and ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.460 (Payment of fines or costs in proceeding to enforce county ordinance or resolution), 200.005 (Definitions for ORS 200.005 to 200.075, 200.160 to 200.200 and 279A.105) to 200.025 (Governors Policy Advisor for Economic and Business Equity), 200.045 (Required participants) to 200.090 (Contracting agencies to pursue policy of providing opportunities), 221.450 (Privilege tax on public utilities operating without franchise), 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement), 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized), other than 243.696 (State agency representatives in bargaining), 297.040 (Payment of costs and expenses of audits authorized by ORS 297.030), 307.090 (Property of the state, counties and other municipal corporations) and 307.112 (Property held under lease, sublease or lease-purchase by institution, organization or public body other than state) apply to Oregon Community Power under the same terms as they apply to any other subdivision of state government.

(2) Except as otherwise provided by law, the provisions of ORS chapters 182, 183, 238, 238A, 240, 270, 273, 276, 279A, 279B, 279C, 283, 286A, 291, 292, 293, 294, 295 and 297 and ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required), 183.710 (Definitions for ORS 183.710 to 183.725) to 183.725 (Other authorized rule review by Legislative Counsel Committee), 183.745 (Civil penalty procedures), 183.750 (State agency required to prepare public writings in readable form), 184.305 (Oregon Department of Administrative Services) to 184.345 (Oregon Department of Administrative Services to provide services to certain agencies on reimbursable basis), 190.430 (Attorney General to review agreements), 190.480 (Definition for ORS 190.480 to 190.490), 190.490 (Approval of agreement by Attorney General), 192.105 (State Archivist authorization for state officials to dispose of records), 200.035 (Notice to Governors Policy Advisor for Economic and Business Equity), 243.105 (Definitions for ORS 243.105 to 243.285) to 243.585 (Accounting system allowances for dedication of salary), 243.696 (State agency representatives in bargaining), 278.011 (State agencies to supply information on property) to 278.120 (Claims management), 278.315 (Liability insurance for county or private community care providers) to 278.415 (Department authorization of agency insurance purchases), 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services), 282.010 (Definitions for ORS 282.010 to 282.150) to 282.150 (Printing inaugural address of Governor), 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status), 287A.140 (Ad valorem tax levy to pay general obligation bonds), 287A.150 (Authority of public body to issue revenue bonds), 287A.472 (Interest on municipal warrants not paid on presentation) and 656.017 (Employer required to pay compensation and perform other duties) (2) do not apply to Oregon Community Power.

(3) Oregon Community Power is not a participating public employer in the Public Employees Retirement System.

(4) Any funds held by or under the control of Oregon Community Power are not public funds, as defined in ORS 295.001 (Definitions for ORS 295.001 to 295.108). [2007 c.807 §4; 2009 c.11 §96; 2009 c.538 §13; 2012 c.107 §70]

Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950).

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.