Chapter 569 Oregon Laws 2001
AN ACT
HB 3502
Relating to utility rates;
amending ORS 756.040 and 756.062.
Whereas the public welfare of the citizens of Oregon is
dependent upon reasonable economic growth and prosperity in this state; and
Whereas Oregon’s economic growth and prosperity require
that Oregon businesses and citizens be served at reasonable prices with
adequate and timely telecommunications and energy supply resources and
infrastructure; and
Whereas the public utilities serving Oregon must be able to
compete for the capital necessary to ensure adequate and timely investment in
telecommunications and energy resources and infrastructure; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 756.040 is amended to read:
756.040. (1) In addition to the powers and duties now or
hereafter transferred to or vested in the Public Utility Commission, the
commission shall represent the customers of any public utility or
telecommunications utility and the public generally in all controversies
respecting rates, valuations, service and all matters of which the commission
has jurisdiction. In respect thereof the commission shall make use of the
jurisdiction and powers of the office to protect such customers, and the public
generally, from unjust and unreasonable exactions and practices and to obtain
for them adequate [service at fair and
reasonable rates.] service at fair
and reasonable rates. The commission shall balance the interests of the utility
investor and the consumer in establishing fair and reasonable rates. Rates are
fair and reasonable for the purposes of this subsection if the rates provide adequate
revenue both for operating expenses of the public utility or telecommunications
utility and for capital costs of the utility, with a return to the equity
holder that is:
(a) Commensurate with
the return on investments in other enterprises having corresponding risks; and
(b) Sufficient to ensure
confidence in the financial integrity of the utility, allowing the utility to
maintain its credit and attract capital.
(2) The commission is vested with power and jurisdiction to
supervise and regulate every public utility and telecommunications utility in
this state, and to do all things necessary and convenient in the exercise of
such power and jurisdiction.
(3) The commission may participate in any proceeding before
any public officer, commission or body of the United States or any state for
the purpose of representing the public generally and the customers of the
services of any public utility or telecommunications utility operating or
providing service to or within this state.
(4) The commission may make joint investigations, hold
joint hearings within or without this state and issue concurrent orders in
conjunction or concurrence with any official, board, commission or agency of
any state or of the United States.
SECTION 2.
ORS 756.062 is amended to read:
756.062. (1) A substantial compliance with the requirements
of the laws administered by the Public Utility Commission is sufficient to give
effect to all the rules, orders, acts and regulations of the commission and
they shall not be declared inoperative, illegal or void for any omission of a
technical nature in respect thereto.
(2) The provisions of such laws shall be liberally
construed [with a view to] in a manner consistent with the directives
of ORS 756.040 (1) to promote the public welfare, efficient facilities and
substantial justice between customers and public and telecommunications
utilities.
Approved by the Governor
June 22, 2001
Filed in the office of
Secretary of State June 25, 2001
Effective date January 1,
2002
__________