2017 ORS 758.400¹
Definitions for ORS 758.015 and 758.400 to 758.475

As used in ORS 758.015 (Certificate of public convenience and necessity) and 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) unless the context requires otherwise:

(1) “Allocated territory” means an area with boundaries established by a contract between persons furnishing a similar utility service and approved by the Public Utility Commission or established by an order of the commission approving an application for the allocation of territory.

(2) “Person” includes individuals, firms, partnerships, corporations, associations, cooperatives and municipalities, or their agent, lessee, trustee or referee.

(3) “Utility service” means service provided by any equipment, plant or facility for the distribution of electricity to users or the distribution of natural or manufactured gas to consumers through a connected and interrelated distribution system. “Utility service” does not include service provided through or by the use of any equipment, plant or facilities for the production or transmission of electricity or gas which pass through or over but are not used to provide service in or do not terminate in an area allocated to another person providing a similar utility service. [Formerly 757.605; 1979 c.62 §2; 1985 c.550 §8; 1987 c.447 §101; 1999 c.59 §232]

Notes of Decisions

Municipalities are subject to exclusive territorial alloca­tion statutes and, although cities have certain authority to regulate public utilities, they may not compete with exclusive provider in allocated territory by reason of their regulatory authority. Pacificorp v. City of Ashland, 88 Or App 15, 744 P2d 257 (1987), as modified by 89 Or App 366, 749 P2d 1189 (1988), Sup Ct review denied

City may provide utility services in territory allocated to an­oth­er provider pursuant to these sec­tions if it exercises authority under ORS 221.420 (Municipal regulation of public utilities) to exclude or eject provider from territory, however, city’s mere place­ment of utility facilities and pro­vi­sion of services in territory is not exercise of that authority and is viola­tion of alloca­tion statutes in absence of formal ac­tion by city to eject or exclude provider. PacifiCorp v. City of Ashland, 89 Or App 366, 749 P2d 1189 (1988), Sup Ct review denied

Order of Public Utility Commission issued in conjunc­tion with agree­ment between electric companies to exchange electric facilities within certain defined areas did not authorize monopoliza­tion of service. Pacificorp v. Portland General Electric Co., 770 F Supp 562 (1991)

Atty. Gen. Opinions

Constitu­tionality of alloca­tion statutes as applied to people’s utility districts, (1987) Vol 45, p 209

1 Legislative Counsel Committee, CHAPTER 758—Utility Rights of Way and Territory Allocation; Cogeneration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors758.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 758, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano758.­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.