2017 ORS 758.460¹
Assignment or transfer of rights acquired by allocation
  • approval of commission

(1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a finding that such assignment or transfer is not contrary to the public interest. However, no hearing is required if all affected customers agree to the proposed assignment or transfer.

(2) No approved contract or order approving an allocation of territory shall be construed to confer any property right; providing, however, upon the death of an individual who is a party to an approved contract or the applicant under an approved order, the executor or administrator shall continue the operation thereunder for the purpose of transferring such rights for a period of not to exceed two years from the date of death.

(3) In the event the property of a person serving an allocated territory is condemned, no value shall be claimed or awarded by reason of the contract or order making such allocation. [Formerly 757.670; 1983 c.540 §6]

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.