70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1317
(To Resolve Conflicts)
C-Engrossed
Senate Bill 1149
Ordered by the House June 29
Including Senate Amendments dated April 13 and House Amendments
dated June 22 and June 29 to resolve conflicts
Sponsored by COMMITTEE ON PUBLIC AFFAIRS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Provides Oregon commercial electricity consumers direct access
to competitive electricity markets not later than October 1,
2001. Adopts transition policies for competitive electricity
markets. Adopts retail electricity consumer protections. Permits
certain electric utilities to elect exemption from direct access
requirements of Act. Establishes public purpose expenditure
standard funded by public purpose charge. Allows local
governments to levy privilege tax for use of public streets,
alleys or highways.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to restructuring of electric power industry; creating
new provisions; amending ORS 192.502, 221.450, 225.270,
225.450, 225.460, 225.470, 225.490, 261.235, 261.240, 261.245,
261.255, 757.005 and 757.259; appropriating money; and
declaring an emergency.
Whereas the continued competitiveness of the state's economy
requires that the Legislative Assembly consider national trends
toward electric deregulation; and
Whereas the divestiture or functional separation of electrical
power generation from the distribution functions is the most
effective means of stimulating competition, providing depth and
liquidity to the wholesale market and facilitating the transition
to a fully competitive market by alleviating horizontal and
vertical monopoly market power and providing a more accurate
estimation and mitigation of stranded costs; and
Whereas price and service unbundling is the best way to
identify the costs associated with generation, transmission and
distribution of electricity services and is essential to the
development of a competitive market; and
Whereas restructuring of the electricity industry must be
crafted in a way that retains the benefits of low-cost resources
for consumers; and
Whereas all Oregon retail electricity consumers should be
provided fair, non-discriminatory access to competitive
electricity options; and
Whereas retail electricity consumers that want and have the
technical capability should be allowed, either on their own or
through aggregation, to take advantage of competitive electricity
markets as soon as is practicable; and
Whereas this state must adopt reasonable transition policies,
including a portfolio access option and public purpose funding,
that lead to a competitive electricity market that is accessible
to and benefits all classes of electricity consumers; and
Whereas this state must adopt adequate electricity consumer
protections; and
Whereas this state must allow municipalities, cooperatives and
people's utility districts to elect to become exempt from the
direct access requirements of this 1999 Act under certain
conditions; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 20 and 22 to 27 of
this 1999 Act, unless the context requires otherwise:
(1) 'Aggregate' means combining retail electricity consumers
into a buying group for the purchase of electricity and related
services.
(2) 'Ancillary services' means services necessary or incidental
to the transmission and delivery of electricity from generating
facilities to retail electricity consumers, including but not
limited to scheduling, load shaping, reactive power, voltage
control and energy balancing services.
(3) 'Commission' means the Public Utility Commission.
(4) 'Consumer-owned utility' means a municipal electric
utility, a people's utility district or an electric cooperative.
(5) 'Default supplier' means an electricity service supplier or
electric company that has a legal obligation to provide
electricity services to a consumer, as determined by the
commission.
(6) 'Direct access' means the ability of a retail electricity
consumer to purchase electricity and certain ancillary services,
as determined by the commission for an electric company or the
governing body of a consumer-owned utility, directly from an
entity other than the distribution utility.
(7) 'Direct service industrial consumer' means an end user of
electricity that obtains electricity directly from the
transmission grid and not through a distribution utility.
(8) 'Distribution' means the delivery of electricity to retail
electricity consumers through a distribution system consisting of
local area power poles, transformers, conductors, meters,
substations and other equipment.
(9) 'Distribution utility' means an electric utility that owns
and operates a distribution system connecting the transmission
grid to the retail electricity consumer.
(10) 'Economic utility investment' means all electric company
investments made prior to the date the electric company offers
direct access under sections 1 to 20 of this 1999 Act, including
plants and equipment and contractual or other legal obligations,
properly dedicated to generation or conservation, that were
prudent at the time the obligations were assumed but the full
benefits of which are no longer available to consumers as a
direct result of sections 1 to 20 of this 1999 Act, absent
transition credits. 'Economic utility investment' does not
include costs or expenses disallowed by the commission in a
prudence review or other proceeding, to the extent of such
disallowance, and does not include fines or penalties authorized
and imposed under state or federal law.
(11) 'Electric company' means an entity engaged in the business
of distributing electricity to retail electricity consumers in
this state, but does not include a consumer-owned utility.
(12) 'Electric cooperative' means an electric cooperative
corporation organized under ORS chapter 62 or under the laws of
another state if the service territory of the electric
cooperative includes a portion of this state.
(13) 'Electric utility' means an electric company or
consumer-owned utility that is engaged in the business of
distributing electricity to retail electricity consumers in this
state.
(14) 'Electricity' means electric energy, measured in
kilowatt-hours, or electric capacity, measured in kilowatts, or
both.
(15) 'Electricity services' means electricity distribution,
transmission, generation or generation-related services.
(16) 'Electricity service supplier' means a person or entity
that offers to sell electricity services available pursuant to
direct access to more than one retail electricity consumer. '
Electricity service supplier' does not include an electric
utility selling electricity to retail electricity consumers in
its own service territory.
(17) 'Governing body' means the board of directors or the
commissioners of an electric cooperative or people's utility
district, or the council or board of a city with respect to a
municipal electric utility.
(18) 'Load' means the amount of electricity delivered to or
required by a retail electricity consumer at a specific point of
delivery.
(19) 'Low-income weatherization' means repairs, weatherization
and installation of energy efficient appliances and fixtures for
low-income residences for the purpose of enhancing energy
efficiency.
(20) 'Municipal electric utility' means an electric
distribution utility owned and operated by or on behalf of a
city.
(21) 'New renewable energy resource' means a renewable energy
resource project, or a new addition to an existing renewable
energy resource project, or the electricity produced by the
project, that is not in operation on the effective date of this
1999 Act. 'New renewable energy resource' does not include any
portion of a renewable energy resource project under contract to
the Bonneville Power Administration on or before the effective
date of this 1999 Act.
(22) 'Office of Energy' means the Office of Energy created
under ORS 469.030.
(23) 'One average megawatt' means 8,760,000 kilowatt-hours of
electricity per year.
(24) 'People's utility district' has the meaning given that
term in ORS 261.010.
(25) 'Portfolio access' means the ability of a retail
electricity consumer to choose from a set of product and pricing
options for electricity determined by the governing board of a
consumer-owned utility and may include product and pricing
options offered by the utility or by an electricity service
supplier.
(26) 'Power generation company' means a company engaged in the
production and sale of electricity to wholesale customers,
including but not limited to independent power producers,
affiliated generation companies, municipal and state authorities,
provided the company is not regulated by the commission.
(27) 'Qualifying expenditures' means those expenditures for
energy conservation measures that have a simple payback period of
not less than one year and not more than 10 years, and
expenditures for the above-market costs of new renewable energy
resources, provided that the Office of Energy by rule may
establish a limit on the maximum above-market cost for renewable
energy that is allowed as a credit.
(28) 'Renewable energy resources' means:
(a) Electricity generation facilities fueled by wind, waste,
solar or geothermal power or by low-emission nontoxic biomass
based on solid organic fuels from wood, forest and field
residues.
(b) Dedicated energy crops available on a renewable basis.
(c) Landfill gas and digester gas.
(d) Hydroelectric facilities located outside protected areas as
defined by federal law in effect on the effective date of this
1999 Act.
(29) 'Residential electricity consumer' means an electricity
consumer who resides at a dwelling primarily used for residential
purposes. 'Residential electricity consumer' does not include
retail electricity consumers in a dwelling typically used for
residency periods of less than 30 days, including hotels, motels,
camps, lodges and clubs. As used in this subsection, ' dwelling'
includes but is not limited to single family dwellings,
separately metered apartments, adult foster homes, manufactured
dwellings, recreational vehicles and floating homes.
(30) 'Retail electricity consumer' means the end user of
electricity for specific purposes such as heating, lighting or
operating equipment, and includes all end users of electricity
served through the distribution system of an electric utility on
or after the effective date of this 1999 Act, whether or not each
end user purchases the electricity from the electric utility.
(31) 'Site' means a single contiguous area of land containing
buildings or other structures that are separated by not more than
1,000 feet, or buildings and related structures that are
interconnected by facilities owned by a single retail electricity
consumer and that are served through a single electric meter.
(32) 'Transition charge' means a charge or fee that recovers
all or a portion of an uneconomic utility investment.
(33) 'Transition credit' means a credit that returns to
consumers all or a portion of the benefits from an economic
utility investment.
(34) 'Transmission facility' means the plant and equipment used
to transmit electricity in interstate commerce.
(35) 'Undue market power' means the unfair or improper exercise
of influence to increase or decrease the availability or price of
a service or product in a manner inconsistent with competitive
markets.
(36) 'Uneconomic utility investment' means all investments made
by an electric company prior to the date the electric company
offers direct access under sections 1 to 20 of this 1999 Act,
including plants and equipment and contractual or other legal
obligations, properly dedicated to generation, conservation and
workforce commitments, that were prudent at the time the
obligations were assumed but the full costs of which are no
longer recoverable as a direct result of sections 1 to 20 of this
1999 Act, absent transition charges. 'Uneconomic utility
investment ' does not include costs or expenses disallowed by the
commission in a prudence review or other proceeding, to the
extent of such disallowance, and does not include fines or
penalties as authorized by state or federal law. + }
SECTION 2. { + (1) All retail electricity consumers of an
electric company, other than residential electricity consumers,
shall be allowed direct access not later than October 1, 2001.
(2) The Public Utility Commission shall report to the
Legislative Assembly not later than January 1, 2003, on whether
residential electricity consumers would benefit from direct
access to electricity services. The report shall address, at a
minimum, issues of market development for residential and
small-farm consumers and the impact of direct access on
residential and small-farm consumers' access to benefits from the
federal Columbia River power system.
(3) Residential electricity consumers shall be allowed to
purchase electricity from among a portfolio of rate options as
described in section 4 of this 1999 Act, not later than October
1, 2001.
(4) Sections 1 to 20 and 22 to 29 and the amendments to ORS
192.502, 221.450, 225.270, 225.450, 225.460, 225.470, 225.490,
261.235, 261.240, 261.245, 261.255, 757.005 and 757.259 by
sections 21 and 30 to 41 of this 1999 Act do not apply to an
electric company providing electricity services to fewer than
25,000 consumers in this state unless the electric company offers
direct access to any of its retail electricity consumers in this
state or offers to sell electricity services available under
direct access to more than one retail electricity consumer of
another electric utility. + }
SECTION 3. { + (1) There is established an annual public
purpose expenditure standard for electric companies to fund new
cost-effective local energy conservation, new market
transformation efforts, the above-market costs of new renewable
energy resources, and new low-income weatherization. The public
purpose expenditure standard shall be funded by the public
purpose charge described in subsection (2) of this section.
(2)(a) Beginning on the date an electric company offers direct
access to its retail electricity consumers, except residential
electricity consumers, the electric company shall collect a
public purpose charge from all of the retail electricity
consumers located within its service area for a period of 10
years. Except as provided in paragraph (b) of this subsection,
the public purpose charge shall be equal to three percent of the
total revenues collected by the electric company or electricity
service supplier from its retail electricity consumers for
electricity services, distribution, ancillary services, metering
and billing, transition charges and other types of costs included
in electric rates on the effective date of this 1999 Act.
(b) For an aluminum plant that averages more than 100 average
megawatts of electricity use per year, beginning on October 1,
2001, the electric company whose territory abuts the greatest
percentage of the site of the aluminum plant shall collect from
the aluminum company a public purpose charge equal to one percent
of the total revenue from the sale of electricity services to the
aluminum plant from any source.
(3)(a) The Public Utility Commission shall establish rules
implementing the provisions of this section relating to electric
companies.
(b) Subject to paragraph (e) of this subsection, funds
collected by an electric company through public purpose charges
shall be allocated as follows:
(A) Sixty-three percent for new cost-effective conservation and
new market transformation;
(B) Nineteen percent for the above-market costs of new
renewable energy resources.
(C) Thirteen percent for new low-income weatherization.
(D) Five percent shall be transferred to the Housing and
Community Services Department Revolving Account created under ORS
456.574 and used for the purpose of providing grants as described
in ORS 458.625 (2). Moneys deposited in the account under this
subparagraph are continuously appropriated to the Housing and
Community Services Department for the purposes of ORS 458.625
(2). Interest on moneys deposited in the account under this
subparagraph shall accrue to the account.
(c) The costs of administering subsections (1) to (6) of this
section for an electric company shall be paid out of the funds
collected through public purpose charges. The commission may
require that an electric company direct funds collected through
public purpose charges to the state agencies responsible for
implementing subsections (1) to (6) of this section in order to
pay the costs of administering such responsibilities.
(d) The commission shall direct the manner in which public
purpose charges are collected and spent by an electric company
and may require an electric company to expend funds through
competitive bids or other means designed to encourage
competition, except that funds dedicated for low-income
weatherization shall be directed to the Housing and Community
Services Department as provided in subsection (7) of this
section. The commission may also direct that funds collected by
an electric company through public purpose charges be paid to a
nongovernmental entity for investment in public purposes
described in subsection (1) of this section. Notwithstanding any
other provision of this subsection, at least 80 percent of the
funds allocated for conservation shall be spent within the
service area of the electric company that collected the funds.
(e)(A) The first 10 percent of the funds collected annually by
an electric company under subsection (2) of this section shall be
distributed to education service districts, as described in ORS
334.010, that are located in the service territory of the
electric company. The funds shall be distributed to individual
education service districts according to the weighted average
daily membership (ADMw) of the education service district for the
prior fiscal year as calculated under ORS 327.013. The commission
shall establish by rule a methodology for distributing a
proportionate share of funds under this paragraph to education
service districts that are only partially located in the service
territory of the electric company.
(B) An education service district that receives funds under
this paragraph shall use the funds first to pay for energy audits
for school districts located within the education service
district. An education service district shall not expend
additional funds received under this paragraph on a school
district facility until an energy audit has been completed for
that school district. To the extent practicable, an education
service district shall coordinate with the Office of Energy and
incorporate federal funding in complying with this paragraph.
Following completion of an energy audit for an individual school
district, the education service district may expend funds
received under this paragraph to implement the energy audit. Once
an energy audit has been conducted and completely implemented for
each school district within the education service district, the
education service district may expend funds received under this
paragraph for any of the following purposes:
(i) Conducting energy audits. A school district shall conduct
an energy audit prior to expending funds on any other purpose
authorized under this paragraph unless the school district has
performed an energy audit within the three years immediately
prior to receiving the funds.
(ii) Weatherization and upgrading the energy efficiency of
school district facilities.
(iii) Energy conservation education programs.
(iv) Purchasing electricity from environmentally focused
sources and investing in renewable energy resources.
(f) The commission may establish a different public purpose
charge than the public purpose charge otherwise described in
subsection (2) of this section for an individual retail
electricity consumer or any class of retail electricity consumers
located within the service area of an electric company, provided
that a retail electricity consumer with a load greater than one
average megawatt shall not be required to pay a public purpose
charge in excess of three percent of its total cost of
electricity services.
(g) The commission shall remove from the rates of each electric
company any costs for public purposes described in subsection (1)
of this section that are included in rates. A rate adjustment
under this paragraph shall be effective on the date that the
electric company begins collecting public purpose charges.
(4) An electric company that satisfies its obligations under
this section shall have no further obligation to invest in
conservation, new market transformation, new renewable energy
resources or new low-income weatherization and is not subject to
ORS 469.631 to 469.645 and 758.505 to 758.555.
(5)(a) A retail electricity consumer that uses more than one
average megawatt of electricity at any site in the prior year
shall receive a credit against public purpose charges billed by
an electric company for that site. The amount of the credit shall
be equal to the total amount of qualifying expenditures for new
energy conservation, not to exceed 68 percent of the annual
public purpose charges, and the above-market costs of purchases
of new renewable energy resources incurred by the retail
electricity consumer, not to exceed 19 percent of the annual
public purpose charges, less administration costs incurred under
this subsection. The credit shall not exceed, on an annual
basis, the lesser of:
(A) The amount of the retail electricity consumer's qualifying
expenditures; or
(B) The portion of the public purpose charge billed to the
retail electricity consumer that is dedicated to new energy
conservation, new market transformation or the above-market costs
of new renewable energy resources.
(b) To obtain a credit under this subsection, a retail
electricity consumer shall file with the Office of Energy a
description of the proposed conservation project or new renewable
energy resource and a declaration that the retail electricity
consumer plans to incur the qualifying expenditure. The Office of
Energy shall issue a notice of precertification within 30 days of
receipt of the filing, if such filing is consistent with this
subsection. The credit may be taken after a retail electricity
consumer provides a letter from a certified public accountant to
the Office of Energy verifying that the precertified qualifying
expenditure has been made.
(c) Credits earned by a retail electricity consumer as a result
of qualifying expenditures that are not used in one year may be
carried forward for use in subsequent years.
(d)(A) A retail electricity consumer that uses more than one
average megawatt of electricity at any site in the prior year may
request that the Office of Energy hire an independent auditor to
assess the potential for conservation investments at the site. If
the independent auditor determines there is no available
conservation measure at the site that would have a simple payback
of one to 10 years, the retail electricity consumer shall be
relieved of 54 percent of its payment obligation for public
purpose charges related to the site. If the independent auditor
determines that there are potential conservation measures
available at the site, the retail electricity consumer shall be
entitled to a credit against public purpose charges related to
the site equal to 54 percent of the public purpose charges less
the estimated cost of available conservation measures.
(B) A retail electricity consumer shall be entitled each year
to the credit described in this subsection unless a subsequent
independent audit determines that new conservation investment
opportunities are available. The Office of Energy may require
that a new independent audit be performed on the site to
determine whether new conservation measures are available,
provided that the independent audits shall occur no more than
once every two years.
(C) The retail electricity consumer shall pay the cost of the
independent audits described in this subsection.
(6) Electric utilities and retail electricity consumers shall
receive a fair and reasonable credit for the public purpose
expenditures of their energy suppliers. The Office of Energy
shall adopt rules to determine eligible expenditures and the
methodology by which such credits are accounted for and used. The
rules also shall adopt methods to account for eligible public
purpose expenditures made through consortia or collaborative
projects.
(7)(a) In addition to the public purpose charge provided under
subsection (2) of this section, beginning on the date direct
access is offered under section 2 (1) of this 1999 Act, an
electric company shall collect funds for low-income electric bill
payment assistance in an amount determined under paragraph (b) of
this subsection.
(b) The total amount collected for low-income electric bill
payment assistance under this section shall be $10 million. The
commission shall determine each electric company's proportionate
share of the total amount. The commission shall determine the
amount to be collected from a retail electricity consumer, except
that a retail electricity consumer shall not be required to pay
more than $500 per month per site for low-income electric bill
payment assistance.
(c) Funds collected by the low-income electric bill payment
assistance charge shall be paid into the Housing and Community
Services Department Revolving Account created under ORS 456.574.
Moneys deposited in the account under this paragraph are
continuously appropriated to the Housing and Community Services
Department for the purpose of funding low-income electric bill
payment assistance. Interest earned on moneys deposited in the
account under this paragraph shall accrue to the account. The
department's cost of administering this subsection shall be paid
out of funds collected by the low-income electric bill payment
assistance charge. Moneys deposited in the account under this
paragraph shall be expended solely for low-income electric bill
payment assistance. Funds collected from an electric company
shall be expended in the service area of the electric company
from which the funds are collected.
(d) The Housing and Community Services Department, in
consultation with the federal Advisory Committee on Energy, shall
determine the manner in which funds collected under this
subsection will be allocated by the department to energy
assistance program providers for the purpose of providing
low-income bill payment and crisis assistance, including programs
that effectively reduce service disconnections and related costs
to retail electricity consumers and electric utilities. Priority
assistance shall be directed to low-income electricity consumers
who are in danger of having their electricity service
disconnected.
(e) Notwithstanding ORS 293.140, interest on moneys deposited
in the Housing and Community Services Department Revolving
Account under this subsection shall accrue to the account and may
be used to provide heating bill payment and crisis assistance to
electricity consumers whose primary source of heat is not
electricity.
(f) Notwithstanding ORS 757.310, the commission may allow an
electric company to provide reduced rates or other payment or
crisis assistance or low-income program assistance to a
low-income household eligible for assistance under the federal
Low Income Home Energy Assistance Act of 1981, as amended and in
effect on the effective date of this 1999 Act.
(8) In addition to all other charges provided in this section,
for the period from January 1, 2000, to the date direct access is
offered under section 2 (1) of this 1999 Act, an electric company
shall collect from its retail electricity consumers an electric
bill payment assistance charge. A retail electricity consumer
shall not be required to pay more than $500 per month per site
for low-income electric bill payment assistance under this
subsection. The statewide total amount collected under this
subsection shall equal $5 million per year, prorated for any
fraction of a year. The commission shall determine each electric
company's proportionate share of the statewide total amount.
Moneys collected under this subsection shall be deposited in the
Housing and Community Services Department Revolving Account
created under ORS 456.574 and expended for low-income electric
bill payment assistance in the manner provided in subsection
(7)(d) of this section.
(9) For purposes of this section, 'retail electricity
consumers' includes any direct service industrial consumer that
purchases electricity without purchasing distribution services
from the electric utility. + }
SECTION 3a. { + (1)(a) The Public Utility Commission and the
Office of Energy jointly shall select an independent
nongovernmental entity to prepare a biennial report to the
Legislative Assembly describing program spending and results for
public purpose requirements undertaken pursuant to section 3 of
this 1999 Act. The first report shall be due on January 1, 2003.
(b) The commission and the Office of Energy jointly shall
select an independent nongovernmental entity to prepare a report
to the Legislative Assembly describing proposed modifications to
public purpose requirements undertaken pursuant to section 3 of
this 1999 Act. The report shall be due on January 1, 2007.
(c) The commission and the Office of Energy jointly shall
select an independent nongovernmental entity to prepare a report
to the Legislative Assembly recommending whether the public
purpose funding requirements under section 3 of this 1999 Act
should be renewed. The report shall be due on January 1, 2011.
(2) The Housing and Community Services Department shall prepare
a biennial report to the Legislative Assembly describing program
spending and needs for low-income bill assistance. The first
report shall be due on January 1, 2003. + }
SECTION 4. { + (1) Not later than October 1, 2001, an electric
company shall provide residential electricity consumers and small
commercial electricity consumers, as defined by the Public
Utility Commission, that are connected to the electric company's
distribution system with a cost-of-service rate option. The
commission may require, by order made following a public hearing,
an electric company to provide a cost-of-service rate option to
other electricity consumers.
(2) Not later than October 1, 2001, each electric company shall
provide each residential electricity consumer that is connected
to its distribution system a portfolio of rate options. The
portfolio shall include at least the following options:
(a) A rate that reflects significant new renewable energy
resources; and
(b) A market-based rate.
(3)(a) The commission shall regulate the cost-of-service rate
option under subsection (1) of this section and the portfolio of
rate options under subsection (2) of this section. The commission
shall reasonably ensure that the costs and risks of serving each
option are reflected in the rates for each option.
(b) The commission may prohibit or otherwise limit the use of a
cost-of-service rate by retail electricity consumers who have
been served through direct access, and may limit switching among
portfolio options and the cost-of-service rate by residential
electricity consumers. + }
SECTION 4a. { + The Public Utility Commission shall establish
the terms and conditions for providing default electricity
service for nonresidential electricity consumers in an emergency.
The commission also shall establish reasonable terms and
conditions for providing default service to a nonresidential
electricity consumer in circumstances when the consumer is
receiving electricity services through direct access and elects
instead to receive such services through the default service. The
terms and conditions for default service established by the
commission shall provide for viable competition among electricity
service suppliers. + }
SECTION 5. { + (1) Not later than October 1, 2001, an electric
company shall unbundle the costs of electricity services into
power generation, transmission, distribution and retail services.
(2) Every electric company shall maintain separate accounting
records for each component of electricity service provided by the
electric company to retail electricity consumers. Accounts shall
be maintained according to regulations issued by the Federal
Energy Regulatory Commission.
(3) Unless required to provide a different accounting under
federal requirements, each electric company shall, to a
reasonable level of detail, separately identify and account for
its costs of:
(a) Generation;
(b) Transmission services;
(c) Distribution services;
(d) Ancillary services;
(e) Consumer service charges levied on retail electricity
consumers, including but not limited to metering and billing;
(f) Investment in public purposes; and
(g) State and local taxes paid by retail electricity consumers.
(4) An electric company shall separately identify and account
for the costs of any additional components as the Public Utility
Commission may require. + }
SECTION 6. { + (1) The duties, functions and powers of the
Public Utility Commission shall include developing policies to
eliminate barriers to the development of a competitive retail
market structure. The policies shall be designed to mitigate the
vertical and horizontal market power of incumbent electric
companies, prohibit preferential treatment, or the appearance of
such treatment, of generation or market affiliates and determine
the electricity services likely to be competitive. The commission
may require an electric company acting as an electricity service
supplier do so through an affiliate.
(2) The commission may provide incentives for divestiture to
unaffiliated persons of the generation assets of an electric
company, or the structural separation of such assets. The
commission shall ensure that divestiture does not deprive
consumers of the benefit of the utility's or the region's
low-cost resources, independent of the power supplier.
(3) The commission shall establish by rule a code of conduct
for electric companies and their affiliates to protect against
market abuses and anticompetitive practices. The code shall, at a
minimum:
(a) Require an electric company and any affiliate that shares
the same name and logo to disclose to all consumers the
relationship between the company and affiliate and to clarify
that the affiliate is not the same as the electric company and
that in order to receive service from the company a consumer does
not have to purchase the services of the affiliate;
(b) Prohibit preferential access by an electric company
affiliate to confidential consumer information;
(c) Prohibit cross-subsidization between competitive operations
and regulated operations, including the use of electric company
personnel and other resources;
(d) Prohibit joint marketing activities and exclusive referral
arrangements between an electric company and its affiliates;
(e) Provide the commission with all necessary access to books
and records;
(f) Require electric companies to make regular compliance
filings; and
(g) Require fair treatment of all competitors by a distribution
utility.
(4) An electric company shall provide the commission access to
all books and records necessary for the commission to monitor the
electric company and its affiliate relationships. The commission
shall require an electric company biannually to file a report
detailing compliance with this subsection. + }
SECTION 7. { + Every electricity service supplier is
authorized to use the distribution facilities of an electric
company on a nondiscriminatory basis after the retail electricity
consumers of the electricity service supplier are afforded direct
access pursuant to section 2 of this 1999 Act. + }
SECTION 8. { + The Public Utility Commission shall ensure that
direct access programs offered by electric companies meet the
following conditions:
(1) The provision of direct access to some retail electricity
consumers must not cause the unwarranted shifting of costs to
other retail electricity consumers of the electric company. The
commission may, in establishing any rates and charges under
sections 1 to 20 of this 1999 Act, consider and mitigate the rate
impact on consumers from the reduction or elimination of
subsidies in existing rate structures.
(2) The direct access, portfolio of rate options and
cost-of-service rates may include transition charges or
transition credits that reasonably balance the interests of
retail electricity consumers and utility investors. The
commission may determine that full or partial recovery of the
costs of uneconomic utility investments, or full or partial
pass-through of the benefits of economic utility investments to
retail electricity consumers, is in the public interest.
(3) The commission shall allow recovery, through a transition
charge, of any otherwise unrecoverable costs arising from or
related to an electric company's contractual or other legal
obligations to the Bonneville Power Administration under section
19 of this 1999 Act, or arising from or related to a failure of
the Bonneville Power Administration to meet its contractual or
other legal obligations to the electric company, from those
classes of consumers for which electric power was purchased from
the Bonneville Power Administration.
(4) Notwithstanding ORS 757.355, the commission may allow a
return on the unamortized balance of an uneconomic utility
investment or an economic utility investment that is included in
rates. + }
SECTION 9. { + (1) An electric company shall permit retail
electricity consumers that are eligible for direct access to
voluntarily aggregate their electricity loads.
(2) A retail electricity consumer that is eligible for direct
access may voluntarily aggregate its electricity load with the
electricity load of any other retail electricity consumer that is
eligible for direct access. + }
SECTION 10. { + To the extent permissible under federal law,
the Public Utility Commission shall ensure that an electric
company that offers direct access:
(1) Provides electricity service suppliers and retail
electricity consumers access to its transmission facilities and
distribution system comparable to that provided for its own use;
and
(2) Provides electricity service suppliers and retail
electricity consumers timely access to information about its
transmission facilities and distribution system, metering and
loads comparable to that provided to its own nondistribution
divisions, affiliates and related parties. + }
SECTION 11. { + An electric utility that sells electricity,
either directly or through a related party, to a nonresidential
electricity consumer of another electric utility in this state
shall permit any other electricity service supplier to sell
electricity to nonresidential electricity consumers of the
electric utility. + }
SECTION 12. { + Upon receiving a complaint, or on its own
motion, the Public Utility Commission is authorized to
investigate, as provided under ORS 756.515, whether any electric
company that is an electricity service supplier has exercised
undue market power with respect to the sale or distribution of
electricity services. The commission may take such action as
authorized by law to mitigate an exercise of undue market
power. + }
SECTION 13. { + Any claim that an electric company has failed
to comply with sections 1 to 20 of this 1999 Act shall be filed
as a complaint with the Public Utility Commission pursuant to ORS
756.500. After reasonable notice to the electric company and
exhausting all available remedies before the commission, any
person injured by an electric company's failure to comply with
any provision of sections 1 to 20 of this 1999 Act may file an
action in the circuit court for the county where the electric
company has its principal business office in this state for an
order requiring compliance with sections 1 to 20 of this 1999
Act. + }
SECTION 14. { + (1)(a) A person or other entity shall not act
as an electricity service supplier unless the person or entity is
certified by the Public Utility Commission. The commission, by
rule, shall establish standards for certification of persons or
other entities as electricity service suppliers in this state.
The rules shall, at a minimum, address:
(A) The ability of the person or entity to meet the person's or
entity's obligation to provide electricity services pursuant to
direct access; and
(B) The ability of the person or entity to comply with
applicable consumer protection laws.
(b) The commission may require an electricity service supplier
to provide a bond or other security.
(c) The commission may establish a fee, not to exceed $500, for
initial certification and annual recertification of electricity
service suppliers.
(d) The commission, at any time, may revoke an electricity
service supplier's certification for failure to comply with
applicable statutes and rules.
(e) The commission may require an electricity service supplier
to provide information necessary to ensure compliance with
section 3 of this 1999 Act. The commission shall ensure the
privacy of all information and the protection of any proprietary
information provided.
(2) Every electric utility shall maintain the integrity of its
transmission facilities and distribution system and provide safe,
reliable service to all retail electricity consumers. Nothing in
sections 1 to 20 or 22 to 27 of this 1999 Act shall reduce or
diminish the statutory or contractual obligations of electric
utilities to maintain the safety and reliability of their
transmission facilities and distribution system and other
infrastructure and equipment used to deliver electricity.
(3) The commission for electric companies, or the governing
body for other electric utilities, shall adopt rules, ordinances,
policies and service quality standards designed to maintain a
reliable, safe and efficient distribution system. The commission
shall regulate electrical safety regarding generation,
transmission, substation and distribution facilities for electric
utilities and other electrical system owners and operators as
provided under ORS 757.035.
(4) Every bill to a direct access retail electricity consumer
from an electricity service supplier shall contain at least:
(a) The rate and amount due for each service or product that
the retail electricity consumer is purchasing and other price
information necessary to facilitate direct access, as determined
by the commission;
(b) The rates and amounts of state and local taxes or fees, if
any, imposed on the retail electricity consumer;
(c) The amount of any public purpose charge or credit;
(d) The amount of any transition charge or transition credit;
and
(e) Power source and environmental impact information necessary
to ensure that all consumers have useful, reliable and necessary
information to exercise informed choice, as determined by the
commission.
(5)(a) A retail electricity consumer of an electric company
shall receive, upon request, a separate bill from every
individual electricity service supplier that provides products or
services to the retail electricity consumer. If a retail
electricity consumer of an electric company does not request
separate bills, or a consolidated bill from an electricity
service supplier as provided in paragraph (c) of this subsection,
the electric company shall consolidate the bills for all
electricity services into a single statement, and electricity
service suppliers shall provide to the electric company the
information necessary to prepare a consolidated statement.
(b) The requirement for bill consolidation by an electric
company shall continue through December 31, 2001, after which
time the commission may waive the requirement if the waiver
results in effective billing procedures for retail electricity
consumers.
(c) Upon the request of a retail electricity consumer of an
electric company, an electricity service supplier shall
consolidate the bills for all electricity services into a single
statement, and electric utilities and other electricity service
suppliers shall provide to the billing electricity service
supplier any information necessary to prepare a consolidated
statement.
(d) For retail electricity consumers of an electric company,
the commission shall adopt by rule provisions relating to the
failure of a consumer to make full payment on a consolidated
bill. The rules shall address collection of payments, service
disconnection and reconnection, and the allocation of costs
associated with collection, disconnection and reconnection. A
distribution utility shall be solely responsible for actual
disconnection and reconnection. + }
SECTION 15. { + According to the applicable provisions of ORS
183.310 to 183.550 and 756.060, the Public Utility Commission
shall adopt such rules as are necessary to implement sections 1
to 20 of this 1999 Act. 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 section 5 of
this 1999 Act.
(2) Requirements for each electric company allowing aggregation
of electricity loads pursuant to section 9 of this 1999 Act,
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) Policies for the divestiture or structural separation of
generating assets and power supply contracts owned or controlled
by electric companies, consistent with the provisions of section
6 of this 1999 Act.
(6) Requirements for each electric company to offer a portfolio
of rate options under section 4 of this 1999 Act.
(7) The method of determining a default supplier for those
consumers who are not eligible to participate in a portfolio
program under section 4 of this 1999 Act 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.
(8) Requirements for market structure described in section 6 of
this 1999 Act.
(9) Requirements for public purpose charges and credits under
section 3 of this 1999 Act.
(10) Requirements for meters, metering services, billing and
collection services, and customer response functions. + }
SECTION 15a. { + Electric meter installation, testing and
maintenance shall be performed only by a distribution
utility. + }
SECTION 16. { + The Public Utility Commission shall adopt
final rules under section 15 of this 1999 Act not later than
January 1, 2001. + }
SECTION 17. { + Nothing in sections 1 to 20 of this 1999 Act
shall diminish, or authorize regulations that diminish, a city's
authority to control the use of its rights of way and to collect
license fees, privilege taxes, rent or other charges for the use
of the city's rights of way. + }
SECTION 18. { + (1) Sections 2, 3 (1) to (7) and (9), 4, 6, 11
and 29 of this 1999 Act shall not become operative until the
Public Utility Commission determines by order, made following
notice and public comment, that implementation of sections 2 and
6 of this 1999 Act will not have a material adverse impact on the
ability of an electric company to access cost-based power from
the Bonneville Power Administration pursuant to the Pacific
Northwest Electric Power Planning and Conservation Act of 1980
(Public Law 96-501), on behalf of the company's residential and
small-farm consumers.
(2) The commission shall make an initial determination under
subsection (1) of this section not later than May 1, 2001. If the
commission determines that implementation of section 2 or 6 of
this 1999 Act will have a material adverse impact on the ability
of an electric company to access cost-based power from the
Bonneville Power Administration on behalf of the electric
company's residential and small-farm consumers, or if the
commission is unable to make a determination, the commission may
make second and subsequent determinations, following notice and
public comment, that implementation of sections 2 and 6 will not
have such adverse impact.
(3) If the commission is unable to make a determination under
this section by January 1, 2003, the commission shall make a
report to the Seventy-second Legislative Assembly detailing the
reasons the commission is unable to make a determination.
(4) In addition to subsections (1) to (3) of this section,
sections 2, 3 (1) to (7) and (9), 4, 6, 11 and 29 of this 1999
Act shall not become operative until the commission:
(a) Has approved a rate or schedule of rates for an electric
company that provides the electric company the opportunity to
recover all costs prudently incurred in the acquisition,
development, operation and maintenance of investments, systems
and procedures, including arrangements with third parties,
necessary to comply with sections 1 to 20 and 29 of this 1999
Act, or authorizes the deferral of costs for later recovery in
rates; and
(b) Following investigation and review of the electric
company's investments, systems and procedures, including
arrangements with third parties, necessary to comply with
sections 1 to 20 and 29 of this 1999 Act, certifies that allowing
sections 2, 3 (1) to (7) and (9), 4, 6, 11 and 29 of this 1999
Act to become operative will neither diminish the electric
company's ability to comply with its statutory or contractual
obligations to maintain the safety and reliability of its
transmission facilities and distribution system and other
infrastructure and equipment used to deliver electricity, nor
impair its ability to attract capital for future investments in
such transmission facilities, distribution system or other
infrastructure and equipment. + }
SECTION 19. { + In order to preserve the benefits of federal
low-cost power for residential and small-farm consumers of
electric utilities, the Public Utility Commission may require an
electric company to enter into contracts with the Bonneville
Power Administration for the purpose of securing such benefits.
The contracts shall be subject to approval by the commission. In
reviewing a contract, the commission, at a minimum, shall
consider:
(1) The short-term expected cost of electric power from the
Bonneville Power Administration compared to market-priced
alternatives;
(2) The long-term benefit of retaining the rights to purchase
electric power from the Bonneville Power Administration at cost,
compared to market-priced alternatives; and
(3) Other factors deemed relevant by the commission. + }
SECTION 20. { + The Public Utility Commission may require an
electric company to make any filings under ORS chapter 757 that
the commission determines necessary to implement sections 1 to 20
of this 1999 Act. + }
SECTION 21. ORS 757.005 is amended to read:
757.005. (1)(a) As used in this chapter, except as provided in
paragraph (b) of this subsection, 'public utility' means:
(A) Any corporation, company, individual, association of
individuals, or its lessees, trustees or receivers, that owns,
operates, manages or controls all or a part of any plant or
equipment in this state for the production, transmission,
delivery or furnishing of heat, light, water or power, directly
or indirectly to or for the public, whether or not such plant or
equipment or part thereof is wholly within any town or city.
(B) Any corporation, company, individual or association of
individuals, which is party to an oral or written agreement for
the payment by a public utility, for service, managerial
construction, engineering or financing fees, and having an
affiliated interest with the public utility.
(b) As used in this chapter, 'public utility' does not include:
(A) Any plant owned or operated by a municipality.
(B) Any railroad, as defined in ORS 824.020, or any industrial
concern by reason of the fact that it furnishes, without profit
to itself, heat, light, water or power to the inhabitants of any
locality where there is no municipal or public utility plant to
furnish the same.
(C) Any corporation, company, individual or association of
individuals providing heat, light or power:
(i) From any energy resource to fewer than 20 customers, if it
began providing service to a customer prior to July 14, 1985;
(ii) From any energy resource to fewer than 20 residential
customers so long as the corporation, company, individual or
association of individuals serves only residential customers;
(iii) From solar or wind resources to any number of customers;
or
(iv) From biogas, waste heat or geothermal resources for
nonelectric generation purposes to any number of customers.
(D) A qualifying facility on account of sales made under the
provisions of ORS 758.505 to 758.555.
(E) Any water utility serving less than 300 customers at an
average annual residential rate of $18 per month or less, which
provides adequate and nondiscriminatory service.
(F) Any person furnishing heat, but not delivering electricity
or natural gas to its customers, except:
(i) As provided in ORS 757.007 and 757.009; or
(ii) With respect to heat furnished in municipalities which on
January 1, 1989, had a municipally owned system that was
furnishing steam or other thermal forms of heat to its customers.
(G) Notwithstanding subparagraph (F) of this paragraph, any
corporation, company, partnership, individual or association of
individuals furnishing heat to a single thermal end user from an
electric generating facility, plant or equipment that is
physically interconnected with the single thermal end user.
{ + (H) An electricity service supplier, as defined in
section 1 of this 1999 Act. + }
(2) Nothing in subsection (1)(b)(C)(iv) of this section shall
prohibit third party financing of acquisition or development by a
utility customer of energy resources to meet the heat, light or
power requirements of that customer.
SECTION 22. { + The Legislative Assembly declares that it is
the policy of the State of Oregon regarding consumer-owned
utilities to:
(1) Preserve and enhance the ability of community-based,
consumer-owned utilities to provide reliable electric power to
their consumers;
(2) Recognize that communities served by consumer-owned
utilities located in various parts of the State of Oregon may
differ in their needs and desires concerning the provision of
electricity and related products and services;
(3) Preserve and enhance the ability of consumer-owned
utilities and their elected governing bodies to respond to their
consumers' needs and desires;
(4) Retain local control over consumer-owned utilities that
provide or distribute electricity to retail electricity
consumers;
(5) Preserve, clarify and, as provided herein, enhance the
rights and authorities of consumer-owned utilities and their
governing bodies; and
(6) Preserve the existing exclusive distribution rights of
electric utilities as and to the extent such rights exist under
current law. + }
SECTION 23. { + (1) Nothing in sections 2 to 20 of this 1999
Act is intended to limit or restrict the rights and authority of
a consumer-owned utility, or to subject a consumer-owned utility
to the regulatory authority of the Public Utility Commission not
otherwise provided by law. Sections 2 to 20 of this 1999 Act
shall not apply to a consumer-owned utility.
(2) Notwithstanding subsection (1) of this section, a
consumer-owned utility that sells electricity, either directly or
through a related party, to a nonresidential electricity consumer
of another electric utility in this state, shall permit any other
electricity service supplier to sell electricity to the
consumer-owned utility's nonresidential electricity consumers
whose electricity use, measured in average megawatts per year, is
equal to or greater than the use of the nonresidential
electricity consumer of the other electric utility. Such
consumer-owned utility shall be subject to section 14 (1) to (4)
of this 1999 Act and rules adopted thereunder. + }
SECTION 24. { + The governing body of a consumer-owned utility
is authorized to determine whether and under what terms and
conditions it will offer its retail electricity consumers direct
access, portfolio access or other forms of access to electric
service suppliers. In making such determination, the governing
body of a consumer-owned utility shall consider such factors as
it deems appropriate. A consumer-owned utility shall have sole
authority to determine:
(1) The quality and nature of electric service, including but
not limited to different product and pricing options, which shall
be made available to its retail electricity consumers.
(2) The extent to which products and services will be unbundled
and the rates, tariffs, terms and conditions on which they may be
offered.
(3) Whether one or more pilot programs for direct access,
portfolio access or other forms of access to alternative
suppliers will be offered.
(4) Notwithstanding section 1 (10) and (36) of this 1999 Act,
what constitutes an economic or uneconomic utility investment,
the value of such investments and, in the case of uneconomic
utility investments, the manner and means of mitigating such
investments.
(5) Whether and on what basis a transition charge will be
adopted, assessed and collected from a retail electricity
consumer located within the utility's service territory,
including but not limited to a nonbypassable distribution charge,
the amount and period of recovery for the charges, the allocation
of the charges among retail electricity consumers located within
the utility's service territory and the method of collecting such
charges including but not limited to whether to impose a
nonbypassable distribution charge.
(6) The manner of collecting stranded distribution charges,
systems benefit charges, franchise fees, taxes and payments made
in lieu of taxes from retail electricity consumers located within
the utility's service territory for electric power transactions
using transmission facilities, whether or not such transactions
use distribution facilities. The governing body may assign
charges on the basis of usage, demand or any combination or
method it finds appropriate. Charges need not be assigned to
specific facilities.
(7) The collection from retail electricity consumers located
within the utility's service territory through rates, fees or
charges, including the imposition of a nonbypassable distribution
charge, in amounts sufficient to recover 100 percent of stranded
costs imposed by, or incurred pursuant to the purchase of
cost-based electric power from, the Bonneville Power
Administration. Such stranded cost charges may include the
difference in cost associated with purchasing electric power from
the Bonneville Power Administration and the cost of purchasing a
like and similar amount of electric power at market prices.
(8) The establishment of technical capability requirements,
financial responsibility requirements and other protections for
retail electricity consumers located within the utility's service
territory and the consumer-owned utility in dealings with
electric service suppliers.
(9) Access to or use of the utility's transmission facilities
or distribution system by retail electricity consumers or
electric service suppliers.
(10) The utility's qualification standards for energy service
suppliers in addition to any certification standards established
by the Public Utility Commission, provided that the qualification
standards are uniformly applied to electricity service providers
in a nondiscriminatory manner. + }
SECTION 25. { + (1) Nothing in sections 22 to 27 of this 1999
Act is intended to impair the rights or obligations of any party
to net billing agreements. Notwithstanding any other provision of
sections 1 to 20, 24 and 27 of this 1999 Act, and in the event a
participating utility is required to make payments pursuant to a
net billing agreement, the governing body of a participating
utility may levy a rate, fee or charge, including a nonbypassable
distribution system access charge against retail electricity
consumers located within the utility's service territory, to meet
its obligations.
(2) As used in this section:
(a) 'EWEB' means the City of Eugene, Oregon, acting by and
through the Eugene Water and Electric Board.
(b) 'Net billing agreements' means those certain agreements
that provide for the payment, through net billing of costs of
certain nuclear power projects, including the payment of bonds,
notes or other evidences of indebtedness issued by EWEB and by
the supply system, respectively, to pay such project costs
entered into prior to the effective date of this 1999 Act:
(A) Between the administrator of the Bonneville Power
Administration and EWEB;
(B) Among a participating utility, the administrator of the
Bonneville Power Administration and EWEB; or
(C) Among a participating utility, the administrator of the
Bonneville Power Administration and the supply system.
(c) 'Participating utility' means a consumer-owned utility
established by, or organized and existing under, the Oregon
Constitution and laws of the State of Oregon, and that is a party
to a net billing agreement.
(d) 'Supply system' means the Washington Public Power Supply
System, a municipal corporation or joint power agency organized
and existing under and pursuant to the laws of the State of
Washington. + }
SECTION 26. { + Notwithstanding the provisions of sections 1
to 20 of this 1999 Act, a consumer-owned utility shall have
exclusive distribution rights, to the extent such rights are
provided by law, and exclusive responsibility for the performance
and oversight of its distribution system including the
acquisition, construction, financing, operation and maintenance
of distribution facilities and metering, billing, collection and
consumer response functions relating to the distribution of
electricity to retail electricity consumers located within the
utility's service territory. Nothing in this section shall
diminish or enlarge the rights of any person under ORS 758.400 to
758.475. + }
SECTION 27. { + (1) Beginning on the date a consumer-owned
utility provides direct access to any class of retail electric
consumers, the consumer-owned utility shall collect from that
consumer class a nonbypassable public purpose charge for a period
of 10 years. Except as provided in subsection (8) of this
section, the amount of the public purpose charge shall be
sufficient to produce revenue of not less than three percent of
the total revenue collected by the consumer-owned utility from
its retail electricity consumers for electricity services,
distribution, ancillary services, metering and billing,
transition charges and any other costs included in rates as of
the effective date of this 1999 Act, except that the
consumer-owned utility may exclude from the calculation of such
costs any cost related to the public purposes described in
subsection (5) of this section. If a consumer-owned utility has
fewer than 17 consumers per mile of distribution line, the amount
of the public purpose charge shall be sufficient to produce
revenue not less than three percent of the total revenue from the
sale of electricity services in the utility's service area to the
consumer class that is provided direct access, or the utility's
consumer class percentage share of state total electricity sales
multiplied by three percent of total statewide retail electric
revenue, whichever is less.
(2) Except as provided in subsection (9) of this section, the
governing body of a consumer-owned utility shall determine the
manner of collecting and expending funds for public purposes
required by law to be assessed against and paid by the retail
electric consumers of the utility. A determination by the
governing body shall include:
(a) The manner for collecting public purpose charges;
(b) Public purpose programs upon which revenue from the charges
may be expended; and
(c) The allocation of expenditures for each program.
(3) Beginning on the same date two years after the effective
date of this 1999 Act, a consumer-owned utility shall report
annually to the Office of Energy created under ORS 469.030 on the
public purpose charges paid to the utility by its retail electric
consumers and the public purposes on which the revenue was
expended.
(4) A consumer-owned utility may comply with the public purpose
requirements of this section by participating in collaborative
efforts with other consumer-owned utilities located in this
state.
(5) Funds assessed and paid by, and credits or other financial
assistance issued or extended to, retail electric consumers for
purposes of this section may, in the discretion of the governing
body of the consumer-owned utility, be expended to fund programs
for energy conservation, renewable resources or low-income energy
services otherwise required by the laws of this state, adopted by
the governing body pursuant to the National Energy Conservation
Policy Act (Public Law 95-619, as amended November 10, 1981), or
conducted by the utility pursuant to agreement with the
Bonneville Power Administration under the Pacific Northwest
Electric Power Planning and Conservation Act (Public Law 96-501).
All such funds expended, credits issued and incremental costs
incurred in connection with the performance of a consumer-owned
utility's obligations under this section shall be credited toward
the utility's public purpose funding obligation under this
section.
(6) A consumer-owned utility also may credit toward its funding
obligations under this section any incremental costs incurred by
the utility for capital expenditures made to reduce its
distribution system energy losses, existing biomass gas and waste
to energy systems, existing hydroelectric generation projects
using fish attraction water, for new energy conservation and
renewable resource funding costs included in its wholesale power
supplier's charges and for electric power generated by renewable
or cogeneration resources pursuant to requirements of the Public
Utilities Regulatory Policy Act of 1978 (Public Law 95-617), to
the extent that such costs exceed the average cost of the
utility's other electric power resources.
(7) A consumer-owned utility also may credit toward its public
purpose funding obligations under this section any costs incurred
in complying with ORS 469.649 to 469.659.
(8) Beginning on October 1, 2001, a consumer-owned utility
whose territory abuts the greatest percentage of the site of an
aluminum plant that averages more than 100 megawatts of
electricity use per year shall collect from the aluminum company
a public purpose charge equal to one percent of the total revenue
from the sale of electricity services to the aluminum plant from
any source.
(9)(a) A retail electricity consumer that uses more than one
average megawatt of electricity at any site in the prior year
shall receive a credit against public purpose charges billed by a
consumer-owned utility for that site. The amount of the credit
shall be equal to the total amount of qualifying expenditures for
new energy conservation, not to exceed 68 percent of the annual
public purpose charges, and the above-market costs of purchases
of new renewable energy resources incurred by the retail
electricity consumer, less administration costs incurred under
this subsection. The credit shall not exceed, on an annual basis,
the lesser of:
(A) The amount of the retail electricity consumer's qualifying
expenditures; or
(B) The portion of the public purpose charge billed to the
retail electricity consumer that is dedicated to new energy
conservation, new market transformation or the above-market costs
of new renewable resources.
(b) To obtain a credit under this subsection, a retail
electricity consumer shall file with the Office of Energy a
description of the proposed conservation project, new market
transformation or new renewable energy resource and a declaration
that the retail electricity consumer plans to incur the
qualifying expenditure. The Office of Energy shall issue a notice
of precertification within 30 days of receipt of the filing, if
such filing is consistent with this subsection. Notice shall be
issued to the retail electricity consumer and the appropriate
consumer-owned utility. The credit may be taken after a retail
electricity consumer provides a letter from a certified public
accountant to the Office of Energy verifying that the
precertified qualifying expenditure has been made.
(c) Credits earned by a retail electricity consumer as a result
of qualifying expenditures that are not used in one year may be
carried forward for use in subsequent years.
(d)(A) A retail electricity consumer that uses more than one
average megawatt of electricity at any site in the prior year may
request that the Office of Energy hire an independent auditor to
assess the potential for conservation measures at the site. If
the independent auditor determines there is no available
conservation measure at the site that would have a simple payback
of one to 10 years, the retail electricity consumer shall be
relieved of 54 percent of its payment obligation for public
purpose charges related to the site. If the auditor determines
that there are potential conservation measures available at the
site, the retail electricity consumer shall be entitled to a
credit against public purpose charges related to the site equal
to 54 percent of the public purpose charges less the estimated
cost of available conservation measures.
(B) A retail electricity consumer shall be entitled each year
to the credit described in this paragraph unless a subsequent
audit determines that new conservation investment opportunities
are available. The Office of Energy may require that a new audit
be performed on the site to determine whether new conservation
measures are available, provided that the audits occur no more
than once every two years.
(C) The retail electricity consumer shall pay the cost of the
audits described in this subsection.
(10) A retail electricity consumer with a load greater than one
average megawatt shall not be required to pay a public purpose
charge in excess of three percent of the consumer's total cost of
electricity services unless the charge is established in an
agreement between the consumer and the consumer-owned utility.
(11) Beginning on the later of October 1, 2001, or the date
direct access is offered under section 2 (1) of this 1999 Act, a
consumer-owned utility shall have in operation a bill assistance
program for households that qualify for federal low-income energy
assistance in the consumer-owned utility's service area. A
consumer-owned utility shall report annually to the Housing and
Community Services Department detailing the utility's program and
program expenditures.
(12) A consumer-owned utility may require an electricity
service supplier to provide information necessary to ensure
compliance with this section. The consumer-owned utility shall
ensure the privacy and protection of any proprietary information
provided. + }
SECTION 28. { + Nothing in sections 22 to 27 of this 1999 Act
is intended to affect administration and enforcement of ORS
758.400 to 758.475 or to diminish or enlarge the rights of any
person under ORS 758.400 to 758.475. + }
SECTION 29. { + (1) The city council or governing body of an
incorporated city may levy and collect from a distribution
utility providing direct access to electricity services under
section 2 (1) or 24 of this 1999 Act, except a municipal electric
utility, operating for a period of 30 days within the city
without a franchise from the city and actually using the streets,
alleys or highways in such city for other than travel, a
privilege tax for the use of those public streets, alleys or
highways. The privilege tax shall be based on a volumetric rate
times the volume of electric energy in kilowatt hours delivered,
transmitted or distributed to retail electricity consumers within
the city by the distribution utility, provided that the privilege
tax shall not be applied to electric energy generated by a retail
electricity consumer's own generating facilities or to electric
energy delivered by the federal government. The volumetric rate
of the privilege tax for the distribution utility may vary by
customer class.
(2) The privilege tax described in subsection (1) of this
section shall be subject to the following:
(a) The volumetric rate, in cents per kilowatt hour, for any
customer class shall not exceed five percent of the 1999 gross
revenue of an electric utility within the city for the customer
class divided by the amount of electric energy in kilowatt hours
delivered to the customer class in 1999.
(b) A city with a franchise fee or privilege tax in effect on
July 1, 1999, that was less than five percent shall not establish
a volumetric rate for any customer class of the distribution
utility in an amount in excess of the city's 1999 franchise fee
or privilege tax rate times the 1999 gross revenue of any
electric utility within the city from the customer class divided
by the amount of electric energy in kilowatt hours delivered to
the customer class in 1999, except following a hearing with
notice and opportunity for public comment.
(3) Subject to the limitations established in subsection (2) of
this section, once a city has established volumetric rates for
the purpose of calculating the privilege tax under this section,
any subsequent change in the volumetric rates shall be applied on
an equal percentage basis to all customer classes.
(4)(a) The Public Utility Commission shall determine the manner
in which a privilege tax under this section is collected from the
customers of an electric company. The privilege tax shall be
allocated across an electric company's customer classes in the
same proportional amounts as levied by the city against the
electric company.
(b) The governing body of an electric cooperative or people's
utility district shall determine the manner in which a privilege
tax under this section is collected from the customers of the
electric cooperative or people's utility district. The governing
body shall allocate the privilege tax across customer classes in
the same proportional amounts as levied by the city against the
electric cooperative or people's utility district. + }
SECTION 30. ORS 221.450 is amended to read:
221.450. { + Except as provided in section 29 of this 1999
Act, + } the city council or other governing body of every
incorporated city may levy and collect from every electric
cooperative, people's utility district, privately owned public
utility, telecommunications utility or heating company operating
for a period of 30 days within the city without a franchise from
the city and actually using the streets, alleys or highways, or
all of them, in such city for other than travel on such streets
or highways, a privilege tax for the use of those public streets,
alleys or highways, or all of them, in such city in an amount not
exceeding five percent of the gross revenues of the cooperative,
utility, district or company currently earned within the boundary
of the city. However, the gross revenues earned in interstate
commerce or on the business of the United States Government shall
be exempt from the provisions of this section. The privilege tax
authorized in this section shall be for each year, or part of
each year, such utility, cooperative, district or company
operates without a franchise.
SECTION 31. ORS 757.259 is amended to read:
757.259. (1) In addition to powers otherwise vested in the
Public Utility Commission, and subject to the limitations
contained in subsection (6) of this section, under amortization
schedules set by the commission, a rate or rate schedule may
reflect the following:
(a) Amounts lawfully imposed retroactively by order of another
governmental agency; or
(b) Amounts deferred under subsection (2) of this section.
(2) Upon application of a utility or ratepayer or upon the
commission's own motion and after public notice and opportunity
for comment, the commission by order may authorize deferral of
the following amounts for later incorporation in rates:
(a) Amounts incurred by a utility resulting from changes in the
wholesale price of natural gas or electricity approved by the
Federal Energy Regulatory Commission;
(b) Balances resulting from the administration of Section 5(c)
of the Pacific Northwest Electric Power Planning and Conservation
Act of 1980;
{ + (c) Direct or indirect costs arising from any purchase
made by a public utility from the Bonneville Power Administration
pursuant to section 19 of this 1999 Act, provided that such costs
shall be recovered only from residential and small-farm retail
electricity consumers; + }
{ - (c) - } { + (d) + } Amounts accruing under a plan for
the protection of short-term earnings under ORS 757.262 (2); or
{ - (d) - } { + (e) + } Utility expenses or revenues, the
recovery or refund of which the commission finds should be
deferred in order to minimize the frequency of rate changes or
the fluctuation of rate levels or to match appropriately the
costs borne by and benefits received by ratepayers.
(3) The commission may authorize deferrals under subsection (2)
of this section beginning with the date of application, together
with interest established by the commission. A deferral may be
authorized for a period not to exceed 12 months beginning on or
after the date of application. However, amounts deferred under
subsection (2)(c) { + and (d) + } of this section are not
subject to subsections (4) and (6) of this section, but are
subject to such limitations and requirements as the commission
may prescribe.
(4) Unless subject to an automatic adjustment clause under ORS
757.210 (1), amounts described in this section shall be allowed
in rates only to the extent authorized by the commission in a
proceeding to change rates and upon review of the utility's
earnings at the time of application to amortize the deferral.
(5) Amounts that have accrued in deferred accounts with
commission authorization before July 10, 1987, also may be
reflected in rates. However, in order to continue to use such
accounts the public utility shall apply for authorization of the
commission under subsection (2) of this section.
(6) In any one year, the overall average rate impact of the
amortizations authorized under this section shall not exceed
three percent of the utility's gross revenues for the preceding
calendar year.
(7) The provisions of this section shall not apply to a
telecommunications utility.
SECTION 32. ORS 225.270 is amended to read:
225.270. When any city which owns or operates a municipal
electric power plant or system or distributing system, has paid
principal and interest to date on all indebtedness incurred in
connection therewith, and has created and accumulated an adequate
depreciation and replacement reserve in the judgment of the
officer having control of such plant or system, the city shall,
for the purpose of reducing general property taxes within such
city, pay to itself not less than three percent of the annual
gross operating revenue of such plant or system { + , or a
volumetric charge based upon the amounts of electricity
delivered, transmitted or distributed to retail electricity
consumers regardless of the source. The volumetric charge shall
not be less than the equivalent of three percent of the gross
operating revenues of the municipality utility in 1999. The city
shall adjust a volumetric charge to end users such that charges
established for different customer classes bear the same
approximate relationship as the gross revenues per kilowatt hour
paid by the classes in 1999 + }.
SECTION 33. ORS 192.502 is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if the public
disclosure thereof would constitute an unreasonable invasion of
privacy, unless the public interest by clear and convincing
evidence requires disclosure in the particular instance. The
party seeking disclosure shall have the burden of showing that
public disclosure would not constitute an unreasonable invasion
of privacy.
(3)(a) Public body employee or volunteer addresses and
telephone numbers contained in personnel records maintained by
the public body that is the employer or the recipient of
volunteer services. This exemption does not apply:
(A) To such employees or volunteers if they are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445; or
(B) To such employees or volunteers to the extent that the
party seeking disclosure shows by clear and convincing evidence
that the public interest requires disclosure in a particular
instance.
(b) Nothing in this subsection exempting employee records from
disclosure relieves a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure thereof would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapter 238 and ORS 238.410.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic Development Commission, the
Economic Development Department, the State Department of
Agriculture, the Oregon Resource and Technology Development
Corporation, the Port of Portland or other ports, as defined in
ORS 777.005, by applicants for loans or services described in ORS
285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.430 to
151.491 for the purpose of requesting court-appointed counsel,
and all information supplied to the State Court Administrator
from whatever source for the purpose of verifying indigency of a
person pursuant to ORS 151.430 to 151.491.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health Sciences University that is not
customarily provided to business competitors.
(21) Records of the Oregon Health Sciences University regarding
candidates for the position of university president.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
submitted to the Housing and Community Services Department by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence requested to be confidential.
(k) Tenant files relating to certification.
(L) Housing assistance payment requests.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
{ + (25) Personally identifiable information about customers
of a municipal electric utility or a people's utility district.
The utility or district may, however, release such information to
a third party if the customer consents in writing or
electronically, or if the disclosure is necessary to render
utility or district services to the customer, or if the
disclosure is required pursuant to a court order. The utility or
district may charge as appropriate for the costs of providing
such information. The utility or district may make customer
records available to third party credit agencies on a regular
basis in connection with the establishment and management of
customer accounts or in the event such accounts are delinquent.
(26) Sensitive business, financial or commercial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services is
exempt from disclosure if the information is directly related to
a bid, proposal or negotiations for the sale or purchase of
electricity or electricity services and the disclosure of which
would competitively disadvantage the public body or its retail
electricity consumers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules. + }
SECTION 33a. { + If House Bill 3576 becomes law, section 33 of
this 1999 Act (amending ORS 192.502) is repealed. + }
SECTION 33b. { + If House Bill 3218 becomes law and House Bill
3576 does not become law, section 33 of this 1999 Act (amending
ORS 192.502) is repealed and ORS 192.502, as amended by section
3, chapter ___, Oregon Laws 1999 (Enrolled House Bill 3218), is
amended to read: + }
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if the public
disclosure thereof would constitute an unreasonable invasion of
privacy, unless the public interest by clear and convincing
evidence requires disclosure in the particular instance. The
party seeking disclosure shall have the burden of showing that
public disclosure would not constitute an unreasonable invasion
of privacy.
(3)(a) Public body employee or volunteer addresses and
telephone numbers contained in personnel records maintained by
the public body that is the employer or the recipient of
volunteer services. This exemption does not apply:
(A) To such employees or volunteers if they are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445; or
(B) To such employees or volunteers to the extent that the
party seeking disclosure shows by clear and convincing evidence
that the public interest requires disclosure in a particular
instance.
(b) Nothing in this subsection exempting employee records from
disclosure relieves a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure thereof would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapter 238 and ORS 238.410.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic Development Commission, the
Economic Development Department, the State Department of
Agriculture, the Oregon Resource and Technology Development
Corporation, the Port of Portland or other ports, as defined in
ORS 777.005, by applicants for loans or services described in ORS
285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.430 to
151.491 for the purpose of requesting court-appointed counsel,
and all information supplied to the State Court Administrator
from whatever source for the purpose of verifying indigency of a
person pursuant to ORS 151.430 to 151.491.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health Sciences University that is not
customarily provided to business competitors.
(21) Records of the Oregon Health Sciences University regarding
candidates for the position of university president.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
submitted to the Housing and Community Services Department by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence requested to be confidential.
(k) Tenant files relating to certification.
(L) Housing assistance payment requests.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in
section 1 { + , chapter ___, Oregon Laws 1999 (Enrolled House
Bill 3218), or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, + } { - of this 1999 Act - } and
disclosure of the information would cause a competitive
disadvantage for the public body or its retail electricity
customers. This subsection does not apply to cost-of-service
studies used in the development or review of generally applicable
rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in section 2 { + , chapter
___, Oregon Laws 1999 (Enrolled House Bill 3218), + } { - of
this 1999 Act - } and disclosure of the information would cause a
competitive disadvantage for the Klamath Cogeneration Project.
This subsection does not apply to cost-of-service studies used in
the development or review of generally applicable rate schedules.
{ + (27) Personally identifiable information about customers
of a municipal electric utility or a people's utility district.
The utility or district may, however, release such information to
a third party if the customer consents in writing or
electronically, if the disclosure is necessary to render utility
or district services to the customer, or if the disclosure is
required pursuant to a court order. The utility or district may
charge as appropriate for the costs of providing such
information. The utility or district may make customer records
available to third party credit agencies on a regular basis in
connection with the establishment and management of customer
accounts or in the event such accounts are delinquent. + }
SECTION 34. ORS 225.450 is amended to read:
225.450. As used in ORS 225.450 to 225.490, unless the context
requires otherwise:
(1) 'City' means a city organized under the law of California,
Colorado, Idaho, Montana, Nevada, Oregon, Washington or Wyoming
and owning and operating an electric light and power system.
(2) 'Common facilities' means any works and facilities
necessary or incidental to the generation { + , transmission,
distribution or marketing + } of electric power { - and energy
by nuclear, geothermal, solar, wind or other means, and for the
transmission thereof - } { + and related goods and
commodities + }.
(3) 'District' means a people's utility district organized
under ORS chapter 261 or a similar public utility district
organized under the law of California, Colorado, Idaho, Montana,
Nevada, Washington or Wyoming.
(4) 'Electric cooperative' means a cooperative corporation
organized under the law of California, Colorado, Idaho, Oregon,
Montana, Nevada, Washington or Wyoming and owning and operating
an electric generation, transmission or distribution system.
SECTION 35. ORS 225.460 is amended to read:
225.460. (1) The Legislative Assembly finds and declares it to
be in the public interest and for a public purpose that cities,
districts, electric cooperatives { - , - } and electric utility
companies
{ - described in ORS 225.470, - } participate as authorized in
ORS 225.450 to 225.490 { + jointly and with other persons + }
to:
(a) Achieve economies of scale in the generation of
electricity; { - and - }
(b) Meet the future power needs of this state and its
inhabitants { - . - } { + ; and
(c) Participate in transactions useful for the development of
an efficient system for the transmission and distribution or
marketing of electric power and related goods and
commodities. + }
(2) ORS 225.450 to 225.490 shall be construed liberally to
effectuate the purposes set out in subsection (1) of this
section.
SECTION 36. ORS 225.470 is amended to read:
225.470. In addition to the powers otherwise conferred on
cities of this state, such a city owning and operating an
electric light and power system may plan, finance, construct,
acquire, operate, own and maintain an undivided interest in
common facilities within or without the state jointly with one or
more other cities, with one or more districts, with one or more
electric cooperatives or with one or more privately owned
electric utility companies subject to regulation by { - the
Public Utility Commission of Oregon or the equivalent officer or
commission of California, Colorado, Idaho, Montana, Nevada,
Washington or Wyoming - } { + other persons + }, or with any
combination of such cities, districts, electric cooperatives or
{ - companies in this or such other states - } { +
persons + }, and may make such plans and enter into such
contracts and agreements as are necessary or appropriate for such
joint planning, financing, construction, acquisition, operation,
ownership or maintenance.
SECTION 37. ORS 225.490 is amended to read:
225.490. Any city of this state participating in common
facilities under ORS 225.450 to 225.490 may furnish money and
provide property, both real and personal, and to the extent and
in the manner provided by its charter issue and notwithstanding
any other provision of law, sell, either at public or privately
negotiated sale, revenue bonds pledging revenues of its electric
system and its interest or share of the revenues derived from the
common facilities and any additions or betterments thereto, in
order to pay its respective share of the cost of the planning,
financing, acquisition { - , - } { + and + } construction
{ - and the initial fuel costs - } thereof. All moneys paid or
property supplied by any such city for the purpose of carrying
out the powers conferred by ORS 225.450 to 225.490 are declared
to be for a public purpose.
SECTION 38. ORS 261.235 is amended to read:
261.235. As used in ORS 261.235 to 261.255, unless the context
requires otherwise:
(1) 'City' means a city organized under the law of California,
Idaho, Montana, Nevada, Oregon or Washington and owning and
operating an electric light and power system.
(2) 'Common facilities' means any works and facilities
necessary or incidental to the generation { + , transmission,
distribution or marketing + } of electric power { - and energy
by nuclear, geothermal, solar, wind or other means, and for the
transmission thereof - } { + and related goods and
commodities + }.
(3) 'District' means a people's utility district organized
under this chapter or a similar public utility district organized
under the law of California, Idaho, Montana, Nevada or
Washington.
(4) 'Electric cooperative' means a cooperative corporation
organized under the law of California, Idaho, Montana, Nevada,
Oregon or Washington and owning and operating an electric
distribution system.
SECTION 39. ORS 261.240 is amended to read:
261.240. (1) The Legislative Assembly finds and declares it to
be in the public interest and for a public purpose that
districts, cities, electric cooperatives, and electric utility
companies { - described in ORS 261.245 - } participate as
authorized in ORS 261.235 to 261.255 { + jointly and with other
persons + } to:
(a) Achieve economies of scale in the generation of
electricity; { - and - }
(b) Meet the future power needs of this state and its
inhabitants { - . - } { + ; and
(c) Participate in transactions useful for the development of
an efficient system for the transmission and distribution or
marketing of electric power and related goods and
commodities. + }
(2) ORS 261.235 to 261.255 shall be construed liberally to
effectuate the purposes set out in subsection (1) of this
section.
SECTION 40. ORS 261.245 is amended to read:
261.245. In addition to the powers otherwise conferred on
districts of this state, such a district owning and operating an
electric light and power system may plan, finance, construct,
acquire, operate, own and maintain an undivided interest in
common facilities within or without the state jointly with one or
more other districts, with one or more cities, with one or more
electric cooperatives, or with one or more { - privately owned
electric utility companies subject to regulation by the Public
Utility Commission of Oregon or the equivalent officer or
commission of California, Idaho, Montana, Nevada or
Washington, - } { + other persons + } or with any combination
of such districts, cities, electric cooperatives or
{ - companies in this or such other states - } { +
persons + }, and may make such plans and enter into contracts and
agreements as are necessary or appropriate for such joint
planning, financing, construction, acquisition, operation,
ownership or maintenance.
SECTION 41. ORS 261.255 is amended to read:
261.255. Any district of this state participating in common
facilities under ORS 261.235 to 261.255 may furnish money and
provide property, both real and personal, and to the extent and
in the manner provided by ORS 261.355 issue and sell revenue
bonds pledging revenues of its electric system and its interest
or share of the revenues derived from the common facilities and
any additions or betterments thereto, in order to pay its
respective share of the cost of the planning, financing,
acquisition { - , - } { + and + } construction { - and the
initial fuel costs - } thereof. All moneys paid or property
supplied by any such district for the purpose of carrying out the
powers conferred by ORS 261.235 to 261.255 are declared to be for
a public purpose.
SECTION 42. { + The Public Utility Commission shall report to
the Seventy-first Legislative Assembly on the implementation of
sections 1 to 20 of this 1999 Act. + }
SECTION 43. { + Nothing in sections 1 to 20 and 22 to 29 of
this 1999 Act or in the amendments to ORS 192.502, 221.450,
225.270, 225.450, 225.460, 225.470, 225.490, 261.235, 261.240,
261.245, 261.255, 757.005 and 757.259 by sections 21 and 30 to 41
of this 1999 Act is intended:
(1) To affect the terms and conditions of any contract executed
on or before the effective date of this 1999 Act; or
(2) To alter or restrict the enforcement of any provision of
ORS 646.605 to 646.652. + }
SECTION 44. { + (1) Sections 1 to 20 and 22 to 28 of this 1999
Act are added to and made a part of ORS chapter 757.
(2) Section 29 of this 1999 Act is added to and made a part of
ORS chapter 221. + }
SECTION 45. { + (1) The Legislative Assembly intends that
every part of this 1999 Act be considered essential and
inseparably connected with and dependent upon every other part of
this 1999 Act. Except as provided in this section and
notwithstanding ORS 174.040, the Legislative Assembly does not
intend that any part of this 1999 Act become effective if any
other part is found unconstitutional, unlawful or otherwise
unenforceable.
(2) If any part of this 1999 Act is found unconstitutional,
unlawful or otherwise unenforceable prior to the date electricity
consumers of an electric company are allowed direct access under
sections 1 to 20 of this 1999 Act, notwithstanding ORS 757.355,
the Public Utility Commission shall allow the electric company to
recover in rates all costs and a return on all costs prudently
incurred in anticipation of compliance with sections 1 to 20 and
29 of this 1999 Act.
(3) If any part of this 1999 Act is found unconstitutional,
unlawful or otherwise unenforceable after the date electricity
consumers of an electric company are allowed direct access under
sections 1 to 20 of this 1999 Act, notwithstanding ORS 757.355,
the commission shall allow the electric company to recover in
rates all costs and a return on all costs prudently incurred to
comply with sections 1 to 20 and 29 of this 1999 Act. The
commission also shall allow the electric company to recover in
rates all costs and a return on all costs that are determined by
the commission to be in the public interest and prudently
expended by the electric company to rebuild and replace the
electric company's investments, systems and procedures, including
arrangements with third parties, necessary to allow the company
to provide electricity service as if sections 1 to 20 and 29 of
this 1999 Act were not enacted. + }
SECTION 46. { + This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 1999 Act takes effect on
its passage. + }
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