USA Statutes : oregon
Title : TITLE 56 INSURANCE
Chapter : Chapter 756 Public Utility Commission
As used in ORS chapters 756, 757, 758 and 759,
except as otherwise specifically provided or unless the context requires
otherwise:

(1) “Commission” means the Public Utility Commission of Oregon.

(2) “Commissioner” means a member of the Public Utility Commission
of Oregon.

(3) “Customer” includes the patrons, passengers, shippers,
subscribers, users of the service and consumers of the product of a
public utility or telecommunications utility.

(4) “Municipality” means any city, municipal corporation or
quasi-municipal corporation.

(5) “Person” includes individuals, joint ventures, partnerships,
corporations and associations or their officers, employees, agents,
lessees, assignees, trustees or receivers.

(6) “Public utility” has the meaning given that term in ORS 757.005.

(7) “Rate” means any fare, charge, joint rate, schedule or groups
of rates or other remuneration or compensation for service.

(8) “Service” is used in its broadest and most inclusive sense and
includes equipment and facilities related to providing the service or the
product served.

(9) “Telecommunications utility” has the meaning given that term in
ORS 759.005. [Amended by 1971 c.655 §2; 1973 c.776 §14; 1977 c.337 §1;
1985 c.834 §6; 1987 c.447 §75; 1991 c.841 §1; 1995 c.733 §52]COMMISSION POWERS AND DUTIES(Generally)(1) There is created the Public Utility Commission of Oregon.
The commission shall be composed of three members appointed by the
Governor, subject to confirmation by the Senate pursuant to section 4,
Article III of the Oregon Constitution. No more than two of such members
shall be of the same political party.

(2) Each commissioner shall hold office for the term of four years.
A commissioner shall hold office until a successor has been appointed and
qualified. The chairperson shall be designated by the Governor and shall
serve as chairperson at the pleasure of the Governor.

(3) Any vacancy occurring in the office of commissioner shall be
filled by appointment by the Governor to hold office for the balance of
the unexpired term.

(4) The Governor may at any time remove a commissioner for any
cause deemed by the Governor sufficient. Before such removal the Governor
shall give the commissioner a copy of the charges, and shall fix a time
when the commissioner can be heard, which shall not be less than 10 days
thereafter. The hearing shall be open to the public. If the commissioner
is removed, the Governor shall file in the office of the Secretary of
State a complete statement of all charges made against the commissioner,
and the findings thereon with a record of the proceedings. Such power of
removal is absolute, and there is no right of review of the same in any
court. [1985 c.834 §2; 1999 c.1102 §1](1) A majority of the commissioners shall constitute a quorum
for the transaction of any business, for the performance of any duty or
for the exercise of any power of the Public Utility Commission.

(2) The commission shall have a seal with the words “Public Utility
Commission of Oregon” and such other design as the commission may
prescribe engraved thereon, by which the proceedings of the commission
shall be authenticated and of which the courts shall take judicial notice.

(3) Any investigation, inquiry or hearing which the commission has
power to undertake or to hold may be undertaken or held by or before any
commissioner designated by order of the commission. Except as provided in
ORS 756.055, all investigations, inquiries and hearings so held shall be
conducted as though by the full commission with such commissioner
empowered to exercise all the powers of the commission with respect
thereto. [1985 c.834 §§3,4,5] Before entering upon the duties of office,
each commissioner shall take and subscribe to an oath or affirmation to
support the Constitution of the United States and of this state, and to
faithfully and honestly discharge the duties of office. The oath shall be
filed with the Secretary of State. [1971 c.655 §3; 1985 c.834 §7] (1) No
member of the Public Utility Commission shall:

(a) Hold any other office of profit;

(b) Hold any office or position under any political committee or
party;

(c) Hold any pecuniary interest in any business entity conducting
operations which if conducted in this state would be subject to the
commission’s regulatory jurisdiction; or

(d) Hold any pecuniary interest in, have any contract of employment
with, or have any substantial voluntary transactions with any business or
activity subject to the commission’s regulatory jurisdiction.

(2) The prohibitions of subsection (1)(c) and (d) of this section
apply to the spouse and minor children of each commissioner.

(3) If the Governor determines that any commissioner has done any
act prohibited by subsection (1) of this section, or that a
commissioner’s spouse or a minor child has done any act prohibited by
subsection (2) of this section, the Governor shall remove the
commissioner in the manner provided in ORS 756.014 (4).

(4) Subsection (3) of this section does not apply to a commissioner
if the commissioner or the commissioner’s spouse or a minor child
acquires any pecuniary interest prohibited by subsection (1) or (2) of
this section, advises the Governor of such acquisition, and causes
divestiture of such interest within the time specified by the Governor.

(5) For purposes of subsection (1) of this section, a business or
activity shall not be considered subject to the commission’s regulatory
jurisdiction solely because the business or activity is a private carrier
as defined by ORS 825.005. [1971 c.655 §4; 1985 c.834 §8; 1987 c.123 §1;
1995 c.306 §41] Each
employee of the Public Utility Commission shall file with the commission
a statement regarding holdings of the employee and the holdings of the
employee’s spouse and minor children of any pecuniary interest in any
business or activity subject to the commission’s regulatory jurisdiction.
Supplementary statements shall be filed as such pecuniary interests are
acquired or divested. The statements shall be in such form as the
commission prescribes. If the commission determines that an employee or
spouse or minor child of the employee holds any such pecuniary interest
that may interfere with the impartial discharge of the employee’s duties,
the commission shall order divestiture of the interest. [1971 c.655 §5](1) The Public Utility Commission shall
dismiss an employee:

(a) Who fails to file the statement required by ORS 756.028 before
the 11th day after the date of employment.

(b) Who fails to file the supplementary statement required by ORS
756.028 before the 11th day after the acquisition of a pecuniary interest.

(c) Who fails to cause divestiture of a pecuniary interest within
the time specified in an order issued pursuant to ORS 756.028.

(2) Dismissal of an employee under subsection (1) of this section
is subject to the procedure and appeal provided in ORS 240.555 and
240.560. An employee so dismissed is eligible for reemployment. [1971
c.655 §6; 1979 c.468 §34; 2003 c.14 §452] Nothing in ORS
756.022 to 756.032 is intended to authorize any act otherwise prohibited
by law. [1971 c.655 §7] (1) The Public Utility Commission may:

(a) Organize and reorganize the office of the Public Utility
Commission in the manner that it considers necessary to properly
discharge the responsibilities of the Public Utility Commission.

(b) Contract for or procure on a fee or part-time basis, or both,
such experts, technical or other professional services as it may require
for the discharge of its duties.

(c) Obtain such other services as it considers necessary or
desirable.

(d) Participate in organizations of regional and national utility
commissions.

(e) Appoint advisory committees. A member of an advisory committee
so appointed shall receive no compensation for services as a member.
Subject to any applicable law regulating travel and other expenses of
state officers and employees, the member shall receive actual and
necessary travel and other expenses incurred in the performance of
official duties.

(2) Subject to any applicable law regulating travel and other
expenses of state officers and employees, the commissioners and the
officers and employees of the commission shall be reimbursed for such
reasonable and necessary travel and other expenses incurred in the
performance of their official duties.

(3) The chairperson of the commission appointed under ORS 756.014
shall serve as the administrative head of the commission and has the
power to:

(a) With the consent of one or more of the other members of the
commission, appoint and employ all subordinate officers and employees,
including, but not limited to, deputies, assistants, engineers,
examiners, accountants, auditors, inspectors and clerical personnel,
prescribe their duties and fix their compensation, subject to the State
Personnel Relations Law.

(b) Prescribe internal policies and procedures for the government
of the commission, the conduct of its employees, the assignment and
performance of its business and the custody, use and preservation of its
records, papers and property in a manner consistent with applicable law.
[1971 c.655 §8; 1985 c.834 §9; 1999 c.1102 §2; 2003 c.14 §453]The Public Utility
Commission and commission staff may provide such assistance to the
Legislative Assembly and its committees as required by the Legislative
Assembly for the performance of its duties, and may furnish to the
Legislative Assembly and its committees such information, resources and
advice as the members of the Legislative Assembly consider necessary for
the performance of legislative duties. [2001 c.558 §2] (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. 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. [Amended by 1961 c.467 §1; 1971
c.655 §9; 1973 c.776 §15; 1987 c.447 §76; 1995 c.733 §53; 2001 c.569 §1] Upon request by the Public Utility
Commission, the Attorney General shall furnish to the commission such
attorneys as the commission finds necessary. [Formerly 756.150] For the
purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the Public Utility Commission may require the fingerprints
of a person who:

(1)(a) Is employed or applying for employment by the commission; or

(b) Provides services or seeks to provide services to the
commission as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has access to chemicals or hazardous
materials, to facilities in which chemicals and hazardous materials are
present or to information regarding the transportation of chemical or
hazardous materials;

(b) In which the person inspects gas or electrical lines or
facilities;

(c) In which the person has access to critical infrastructure or
security-sensitive facilities or information; or

(d) That has fiscal, payroll or purchasing responsibilities as one
of the position’s primary responsibilities. [2005 c.730 §69]Note: 756.047 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 756 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) The
Public Utility Commission shall keep office at the capital and shall be
provided with suitable office quarters under ORS 276.004. Necessary
office furniture, supplies, stationery, books, periodicals and maps shall
be furnished, and all necessary expenses therefor shall be audited and
paid as other state expenses are audited and paid.

(2) The commission may hold sessions and maintain offices at places
other than the capital for the more convenient and efficient performance
of the duties imposed upon the commission by law, and shall upon request
be provided by the county court or board of county commissioners of any
county in the state with suitable rooms for offices and hearings.
[Amended by 1969 c.706 §64g; 1971 c.655 §11] (1) Except as provided in
subsection (2) of this section, the Public Utility Commission may
designate by order or rule any commissioner or any named employee or
category of employees who shall have authority to exercise any of the
duties and powers imposed upon the commission by law. The official act of
any commissioner or employee so exercising any such duties or powers is
considered to be an official act of the commission.

(2) The commission may not delegate to any commissioner, named
employee or category of employees under subsection (1) of this section
the authority to:

(a) Sign an interim or final order after hearing;

(b) Sign any order upon any investigation the commission causes to
be initiated;

(c) Sign an order that makes effective a rule;

(d) Enter orders on reconsideration or following rehearing; or

(e) Grant immunity from prosecution, forfeiture or penalty. [1971
c.655 §12; 1985 c.834 §10] The Public
Utility Commission may adopt and amend reasonable and proper rules and
regulations relative to all statutes administered by the commission and
may adopt and publish reasonable and proper rules to govern proceedings
and to regulate the mode and manner of all investigations and hearings of
public utilities and telecommunications utilities and other parties
before the commission. [Amended by 1971 c.655 §13; 1973 c.776 §16; 1987
c.447 §77; 1995 c.733 §54](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 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. [Formerly 757.025;
1973 c.776 §17; 1987 c.447 §78; 1995 c.733 §55; 2001 c.569 §2] The service or
delivery of any notice, order, form or other document or legal process
required to be made by the Public Utility Commission may be made by mail.
If by mail, service or delivery is made when the required material is
deposited in the post office, in a sealed envelope with postage paid,
addressed to the person on whom it is to be served or delivered, at the
address as it last appears in the records of the commission. [1971 c.655
§16](Investigatory Powers) The Public Utility
Commission may inquire into the management of the business of all public
utilities and telecommunications utilities and shall keep informed as to
the manner and method in which they are conducted and has the right to
obtain from any public utility or telecommunications utility all
necessary information to enable the commission to perform duties.
[Amended by 1971 c.655 §17; 1973 c.776 §19; 1987 c.447 §70; 1995 c.733
§56](1) The Public Utility Commission or
authorized representatives may enter upon any premises, or any equipment
or facilities operated or occupied by any public utility or
telecommunications utility for the purpose of making any inspection,
examination or test reasonably required in the administration of ORS
chapter 756, 757, 758 or 759 and to set up and use on such premises
equipment or facilities any apparatus and appliances and occupy
reasonable space therefor.

(2) The commission or authorized representatives shall, upon
demand, have the right to inspect the books, accounts, papers, records
and memoranda of any public utility or telecommunications utility and to
examine under oath any officer, agent or employee of such public utility
or telecommunications utility in relation to its business and affairs.

(3) Any person who on behalf of the commission makes demand of a
public utility or telecommunications utility for an examination,
inspection or test shall, upon request therefor, produce a certificate
under the seal of the commission showing authority to make such
examination, inspection or test.

(4) Nothing in this section authorizes the commission to use any
information developed thereunder for any purpose inconsistent with any
statute administered by the commission or to make a disclosure thereof
for other than regulatory purposes. [Formerly 757.260; 1973 c.776 §20;
1987 c.447 §80; 1995 c.733 §57](1) The Public Utility Commission may require by
rule, or by order or subpoena to be served on any public utility or
telecommunications utility the maintaining within this state or the
production within this state at such time and place as the commission may
designate, of any books, accounts, papers or records kept by such public
utility or telecommunications utility in any office or place within or
without this state, or verified copies in lieu thereof, if the commission
so orders, in order that an examination thereof may be made by the
commission or under direction of the commission.

(2) When a public utility or telecommunications utility keeps and
maintains its books, accounts, papers or records outside the state, the
commission may examine such documents and shall be reimbursed by the
public utility or telecommunications utility for all expenses incurred in
making such out-of-state examination. [Amended by 1971 c.655 §19; 1973
c.776 §21; 1987 c.447 §81; 1995 c.733 §58] (1) Every public
utility or telecommunications utility shall furnish to the Public Utility
Commission all information required by the commission to carry into
effect the provisions of ORS chapters 756, 757, 758 and 759 and shall
make specific answers to all questions submitted by the commission.

(2) If a public utility or telecommunications utility is unable to
furnish any information required under subsection (1) of this section for
any reason beyond its control, it is a good and sufficient reason for
such failure. The answer or information shall be verified under oath and
returned to the commission at the commission’s office within the period
fixed by the commission. [Formerly 757.115; 1973 c.776 §22; 1987 c.447
§82; 1995 c.733 §59] No officer, agent
or employee of any public utility, or telecommunications utility shall:

(1) Fail or refuse to fill out and return any forms required by the
Public Utility Commission;

(2) Fail or refuse to answer any question therein propounded;

(3) Knowingly or willfully give a false answer to any such question
or evade the answer to any such question where the fact inquired of is
within the person’s knowledge;

(4) Upon proper demand, fail or refuse to exhibit to the commission
or any person authorized to examine the same, any book, paper, account,
record or memorandum of such public utility or telecommunications utility
which is in possession or under the control of the person;

(5) Fail to properly use and keep a system of accounting or any
part thereof, as prescribed by the commission; or

(6) Refuse to do any act or thing in connection with such system of
accounting when so directed by the commission or authorized
representative. [Formerly 757.180; 1973 c.776 §23; 1987 c.447 §83; 1995
c.733 §60] No person shall
destroy, injure or interfere with any apparatus or appliance owned or
operated by or in charge of the Public Utility Commission, or any
apparatus or appliance sealed by the commission. [Formerly 757.340]ENFORCEMENT AND REMEDIES(1) The Public Utility Commission shall inquire into any
neglect or violation of any law of this state or any law or ordinance of
any municipality thereof relating to public utilities and
telecommunications utilities by any public utility or telecommunications
utility doing business therein, its officers, agents or employees and
shall enforce all laws of this state relating to public utilities and
telecommunications utilities and may enforce all such laws and ordinances
of a municipality. The commission shall report all violations of any such
laws or ordinances to the Attorney General.

(2) The Attorney General, district attorney of each county, and all
state, county and city police officers shall assist the commission in the
administration and enforcement of all laws administered by the
commission, and they, as well as assistants and employees of the
commission, shall inform against and diligently prosecute all persons
whom they have reasonable cause to believe guilty of violation of any
such laws or of the rules, regulations, orders, decisions or requirements
of the commission made pursuant thereto.

(3) Upon the request of the commission, the Attorney General or the
district attorney of the proper county shall aid in any investigation,
hearing or trial, and shall institute and prosecute all necessary suits,
actions or proceedings for the enforcement of those laws and ordinances
referred to in subsection (1) of this section.

(4) Any forfeiture or penalty provided for in any law administered
by the commission shall be recovered by an action brought thereon in the
name of the State of Oregon in any court of appropriate jurisdiction.
[Amended by 1971 c.655 §23; 1973 c.776 §24; 1987 c.447 §84; 1995 c.733
§61] (1) Whenever it appears to the
Public Utility Commission that any public utility or telecommunications
utility or any other person subject to the jurisdiction of the commission
is engaged or about to engage in any acts or practices which constitute a
violation of any statute administered by the commission, or any rule,
regulation, requirement, order, term or condition issued thereunder, the
commission may apply to any circuit court of the state where such public
utility or telecommunications utility or other person subject to the
jurisdiction of the commission operates for the enforcement of such
statute, rule, regulation, requirement, order, term or condition.

(2) Such court, without bond, has jurisdiction to enforce obedience
thereto by injunction, or by other processes, mandatory or otherwise,
restraining such public utility or telecommunications utility or any
other person subject to the jurisdiction of the commission, or its
officers, agents, employees and representatives from further violations
of such statute, rule, regulation, requirement, order, term or condition,
and enjoining upon them obedience thereto.

(3) The provisions of this section are in addition to and not in
lieu of any other enforcement provisions contained in any statute
administered by the commission. [Amended by 1971 c.655 §24; 1973 c.232
§5; 1973 c.776 §25; 1987 c.447 §85; 1995 c.733 §62](1) Any public utility which does, or causes or permits to be
done, any matter, act or thing prohibited by ORS chapter 756, 757 or 758
or omits to do any act, matter or thing required to be done by such
statutes, is liable to the person injured thereby in the amount of
damages sustained in consequence of such violation. If the party seeking
damages alleges and proves that the wrong or omission was the result of
gross negligence or willful misconduct, the public utility is liable to
the person injured thereby in treble the amount of damages sustained in
consequence of the violation. Except as provided in subsection (2) of
this section, the court may award reasonable attorney fees to the
prevailing party in an action under this section.

(2) The court may not award attorney fees to a prevailing defendant
under the provisions of subsection (1) of this section if the action
under this section is maintained as a class action pursuant to ORCP 32.

(3) Any recovery under this section does not affect recovery by the
state of the penalty, forfeiture or fine prescribed for such violation.

(4) This section does not apply with respect to the liability of
any public utility for personal injury or property damage. [Formerly
757.335; 1973 c.776 §26; 1981 c.856 §1; 1981 c.897 §104a; 1987 c.447 §86;
1989 c.827 §1; 1995 c.696 §48; 1995 c.733 §63](1) The remedies and
enforcement procedures provided in ORS chapters 756, 757, 758 and 759 do
not release or waive any right of action by the state or by any person
for any right, penalty or forfeiture which may arise under any law of
this state or under an ordinance of any municipality thereof.

(2) All penalties and forfeiture accruing under said statutes and
ordinances are cumulative and a suit for and recovery of one, shall not
be a bar to the recovery of any other penalty.

(3) The duties and liabilities of the public utilities or
telecommunications utilities shall be the same as are prescribed by the
common law, and the remedies against them the same, except where
otherwise provided by the Constitution or statutes of this state, and the
provisions of ORS chapters 756, 757, 758 and 759 are cumulative thereto.
[Formerly 760.045; 1973 c.776 §27; 1987 c.447 §87; 1995 c.733 §64]FUNDS AND FEES (1) There hereby is
established in the General Fund an account to be known as the Public
Utility Commission Account. Except as limited by ORS 756.360, all moneys,
without regard to their sources, credited to the Public Utility
Commission Account hereby are appropriated continuously to the Public
Utility Commission for the payment of any and all of the expenses of the
Public Utility Commission.

(2) The Public Utility Commission shall keep a record of all moneys
deposited in the Public Utility Commission Account. The record shall
indicate by separate cumulative accounts the source from which the moneys
are derived and the individual activity or program against which each
withdrawal is charged. [1957 c.459 §1; 1971 c.655 §27; 1997 c.249 §220](1) Subject to the provisions of subsections (3), (5)
and (6) of this section, each public utility and telecommunications
provider shall pay to the Public Utility Commission in each year such fee
as the commission finds and determines to be necessary, with the amount
of all other fees paid or payable to the commission by such public
utilities and telecommunications providers in the current calendar year,
to defray the costs of performing the duties imposed by law upon the
commission in respect to such public utilities and telecommunications
providers, respectively, and to pay such amounts as may be necessary to
obtain matching funds to implement the program referred to in ORS 824.058.

(2) In each calendar year the fee per kilowatt-hour delivered to
end users required to be paid by each electric company that is a public
utility shall be determined by orders entered by the commission on or
after March 1 of each year and notice thereof shall be given to each
electric company. The company shall pay to the commission the fee or
portion thereof so computed on the date specified in the notice, which
date shall be at least 15 days after the date of mailing the notice.

(3)(a) The average fee payable under subsection (1) of this section
by each electric company shall not exceed eighteen-hundredths of one mill
per kilowatt-hour applied to kilowatt-hours delivered in the preceding
calendar year or portion thereof but in no case shall the fee be less
than $10. If appropriate to meet the conditions of paragraph (b) of this
subsection, fees for customer classes may exceed these limitations.

(b) The fees established by the commission for different electric
companies shall bear the same approximate relationship as the gross
revenue fees per kilowatt-hour delivered to end users paid by electric
companies in 1997. The commission shall adopt rules for allocation of a
company’s fee among the company’s retail customer classes so that the
fees established for different classes bear the same approximate
relationship as the gross revenues per kilowatt-hour paid by those
classes in 1997. After December 31, 2000, the commission may establish or
allow fees that are the same by customer classes for all such companies,
provided that the approximate relationship between customer classes
referred to in this subsection shall be maintained.

(4) In each calendar year the percentage rate of the fee required
to be paid by public utilities, except electric companies, shall be
determined by orders entered by the commission on or after March 1 of
each year, and notice thereof shall be given to each utility. The utility
shall pay to the commission the fee or portion thereof so computed upon
the date specified in such notice, which date shall be at least 15 days
after the date of mailing such notice.

(5) The fee payable under subsection (1) of this section by each
public utility, except electric companies, shall not exceed twenty-five
hundredths of one percent of such utility’s gross operating revenues
derived within this state in the preceding calendar year or portion
thereof, but in no case shall the fee be less than $10.

(6)(a) For a telecommunications provider, the fee payable under
subsection (1) of this section shall be a percentage amount not to exceed
twenty-five hundredths of one percent of the provider’s gross retail
intrastate revenue for each calendar year, but in no case shall the fee
be less than $100. The percentage amount shall be determined by order of
the commission not less than 60 days prior to the calendar year upon
which the fee is based. The fee shall be payable to the commission not
later than April 1 of the year following that calendar year.

(b) A telecommunications provider shall collect the fee payable
under subsection (1) of this section by charging an apportioned amount to
each of the provider’s retail customers. The amount of the charge shall
be described on the retail customer’s bill in a manner determined by the
provider.

(c) In the event a telecommunications utility has an approved rate
that includes the fee required under subsection (1) of this section and
separately charges retail customers for the fee described in this
section, at the time the utility begins collecting the charge the utility
shall file with the commission a rate schedule reducing rates in an
amount projected to equal the amount separately charged to customers.

(7) The commission may use any of its investigatory and enforcement
powers provided under this chapter for the purpose of administering and
enforcing the provisions of this section.

(8) As used in this section:

(a) “Electric company” means any entity that is a public utility
under ORS 757.005 that is engaged in the business of distributing
electricity to retail electric customers in Oregon.

(b) “Retail customer” does not include a purchaser of intrastate
telecommunications services who is a telecommunications provider,
telecommunications cooperative, interexchange carrier or radio common
carrier.

(c) “Telecommunications provider” means any entity that is a
telecommunications utility or a competitive telecommunications provider
as defined in ORS 759.005. [Amended by 1953 c.10 §2; 1957 c.464 §1; 1959
c.355 §1; 1961 c.109 §1; 1963 c.89 §1; 1971 c.132 §1; 1973 c.170 §1; 1975
c.127 §1; 1985 c.293 §1; 1987 c.439 §1; 1987 c.447 §88; 1991 c.841 §2;
1995 c.733 §65; 1997 c.826 §8; 1999 c.339 §1]Payment of each fee or portion thereof provided for in ORS
756.310 shall be accompanied by a statement verified by the public
utility or telecommunications provider involved, showing the basis upon
which the fee or portion thereof is computed. This statement shall be in
such form and detail as the Public Utility Commission shall prescribe and
shall be subject to audit by the commission. The commission may refund
any overpayment of any such fee in the same manner as other claims and
expenses of the commission are payable as provided by law. [Amended by
1987 c.447 §89; 1995 c.733 §66; 1997 c.826 §9; 1999 c.339 §2]
(1) The Public Utility Commission may by rule prescribe for the free
distribution for public information or educational purposes or applicable
charge for any blank forms, transcript, document, order, statistical data
or publication prepared by and on file in the office of the commission.
In no event shall the fee exceed the cost of preparing, reproducing and
distributing such blank forms, transcript, document, order, statistical
data or publication.

(2) In the ordinary course of distribution, no fee shall be charged
or collected for copies of published documents furnished to public
officers for use in their official capacity, or for annual reports of the
commission. [1971 c.655 §28]Every person who fails to pay any fees provided for
in ORS 756.310 or 756.320 after they are due and payable shall, in
addition to such fees, pay a penalty of two percent of such fees for each
and every month or fraction thereof that they remain unpaid. If, in the
judgment of the Public Utility Commission, action is necessary to collect
any unpaid fees or penalties, the commission shall bring such action or
take such proceedings as may be necessary thereon in the name of the
State of Oregon in any court of competent jurisdiction, and be entitled
to recover all costs and disbursements incurred therein. [Amended by 1971
c.655 §29] All fees,
fines, penalties and other moneys collected by the Public Utility
Commission under ORS 756.310, 756.320, 756.350, 758.015, 758.400 to
758.475 and ORS chapter 759 shall be paid by the commission into the
State Treasury within 30 days after the collection thereof, and shall be
placed by the State Treasurer to the credit of the Public Utility
Commission Account and the fees, fines, penalties and other moneys
collected from:

(1) Public utilities shall be used only for the purpose of paying
the expenses of the commission in performing the duties imposed by law
upon the commission in respect to utilities, and for the purpose of
paying the expenses of the Office of the Governor for its
responsibilities in administering energy conservation and allocation
programs.

(2) Telecommunications providers shall be used only for the purpose
of paying the expenses of the commission in performing the duties imposed
by law upon the commission in respect to telecommunications providers,
and for the purpose of paying the expenses of the Office of the Governor
for its responsibilities in administering energy conservation and
allocation programs. [Amended by 1957 c.459 §7; 1967 c.164 §3; 1971 c.655
§30; 1973 c.776 §28; 1974 s.s. c.59 §1; 1987 c.447 §90; 1995 c.733 §67;
1999 c.339 §3]DECLARATORY RULINGS On petition of any interested person,
the Public Utility Commission may issue a declaratory ruling with respect
to the applicability to any person, property, or state of facts of any
rule or statute enforceable by the commission. A declaratory ruling is
binding between the commission and the petitioner on the state of facts
alleged, unless it is modified, remanded or set aside by a court.
However, the commission may review the ruling and modify or set it aside
if requested by the petitioner or other party to the proceeding. Binding
rulings provided by this section are subject to judicial review as orders
in contested cases in the manner provided by ORS 756.610. [1971 c.655
§36; 2005 c.638 §2]COMPLAINT AND INVESTIGATION PROCEDURE
(1) Any person may file a complaint before the Public Utility Commission,
or the commission may, on the commission’s own initiative, file such
complaint. The complaint shall be against any person whose business or
activities are regulated by some one or more of the statutes,
jurisdiction for the enforcement or regulation of which is conferred upon
the commission. The person filing the complaint shall be known as the
complainant and the person against whom the complaint is filed shall be
known as the defendant.

(2) It is not necessary that a complainant have a pecuniary
interest in the matter in controversy or in the matter complained of, but
the commission shall not grant any order of reparation to any person not
a party to the proceedings in which such reparation order is made.

(3) The complaint shall state all grounds of complaint on which the
complainant seeks relief or the violation of any law claimed to have been
committed by the defendant, and the prayer of the complaint shall pray
for the relief to which the complainant claims the complainant is
entitled.

(4) The complaint may, at any time before the completion of taking
of evidence, be amended by order of the commission. However, if a charge
not contained in the original complaint or a prior amended complaint is
sought to be made by any such amendment, the defendant shall be given a
reasonable time to investigate the new charge and answer the amended
complaint. The final hearing shall, if necessary, be continued until some
date after the defendant has had a reasonable time to investigate and be
prepared to meet the amended complaint.

(5) Notwithstanding subsection (1) of this section, any public
utility or telecommunications utility may make complaint as to any matter
affecting its own rates or service with like effect as though made by any
other person, by filing an application, petition or complaint with the
commission. [Formerly 756.520; 1987 c.447 §91; 1995 c.733 §68](1) The Public Utility Commission shall serve
a copy of the complaint upon the defendant, and shall give the defendant
at least 10 days within which to respond to the complaint. Within the
time so fixed, or such further time as the commission shall fix, the
defendant shall file an answer to the complaint, taking issue on such
parts of the complaint as the defendant desires and setting forth such
additional matter as shall be pertinent to the matter in controversy.
Such additional matter shall be deemed denied without the filing of any
other pleading by the complainant. After the filing of the answer the
commission shall set the matter for hearing, giving the defendant at
least 10 days’ written notice of the time and place of the hearing,
unless the commission for good reason stated in the notice, fixes a
shorter time. Amendment of any answer may be permitted by order of the
commission.

(2) If the defendant fails to file a responsive pleading or
otherwise appear within the time prescribed in subsection (1) of this
section, or if the responsive pleading filed raises no issue of law or
fact, the commission may act on the complaint without a hearing.
[Formerly 756.530](1) Whenever the Public Utility
Commission believes that any rate may be unreasonable or unjustly
discriminatory, or that any service is unsafe or inadequate, or is not
afforded, or that an investigation of any matter relating to any public
utility or telecommunications utility or other person should be made, or
relating to any person to determine if such person is subject to the
commission’s regulatory jurisdiction, the commission may on motion
summarily investigate any such matter, with or without notice.

(2) If after making such investigation the commission is satisfied
that sufficient grounds exist to warrant a hearing being ordered upon any
such matter, the commission shall furnish any public utility or
telecommunications utility or other person interested a statement
notifying it of the matters under investigation, which statement shall be
accompanied by a notice fixing the time and place for hearing upon such
matters in the manner provided in ORS 756.512 for notice of complaint.

(3) Thereafter proceedings shall be had and conducted in reference
to the matters investigated in like manner as though complaint had been
filed with the commission relative thereto, and the same orders may be
made in reference thereto as if such investigation had been made on
complaint.

(4) The commission may, after making an investigation on the
commission’s motion, but without notice or hearing, make such findings
and orders as the commission deems justified or required by the results
of such investigation. Except as provided in subsections (5) and (6) of
this section such findings and orders have the same legal force and
effect as any other finding or order of the commission.

(5) In addition to any other remedy provided by law, any party
aggrieved by an order entered pursuant to subsection (4) of this section
may request the commission to hold a hearing to determine whether the
order should continue in effect. Any such request for hearing shall be
submitted to the commission not later than 15 days after the date of
service of the order, and the commission shall hold the hearing not later
than 60 days after receipt of such a request for hearing.

(6) If the commission receives a request for hearing pursuant to
subsection (5) of this section, the order is suspended pending the
outcome of the hearing unless the commission finds that the order is
necessary for the public health or safety or to prevent the dissipation
of assets of a business or activity subject to the commission’s
regulatory jurisdiction. [Formerly 757.515; 1973 c.776 §29; 1975 c.318
§1; 1983 c.703 §18; 1987 c.447 §92; 1995 c.733 §69]HEARING PROCEDURE(1) Except as otherwise provided the provisions of
ORS 756.500 to 756.610 apply to and govern all hearings upon any matter
or issue coming before the Public Utility Commission under any statute
administered by the commission, whether instituted on the application,
petition or complaint of others or initiated by the commission, together
with the orders of the commission therein and the review thereof in the
courts.

(2) Upon request of any party in a major proceeding before the
commission, the commission shall afford the parties an opportunity for
oral argument before a final order is issued. There must be a quorum of
the commission present at the time the oral argument is made. The
commission shall adopt rules that establish criteria for determining
which proceedings give rise to a right to oral argument under this
subsection. In addition, the commission may adopt rules governing
participation in oral arguments, cross-examination of witnesses, draft or
proposed orders or such other matters as the commission deems
appropriate. [Formerly 756.510; 2001 c.558 §3]
All hearings shall be open to the public and may be had before the Public
Utility Commission, an examiner or any other person authorized to hold
such hearing. A full record thereof shall be kept. However, it shall not
be necessary to transcribe testimony unless requested. For purposes of
rehearing or reconsideration under ORS 756.561, a transcription shall be
made at the commission’s expense, and copies of such transcription shall
be supplied to the parties, at cost. A copy of the transcript shall be
supplied to a party without cost upon the filing with the commission of a
satisfactory affidavit of indigency. [1971 c.655 §41; 2005 c.638 §3] (1) The Public Utility Commission
may permit any person to become a party who might, on the institution of
the proceeding, have been such a party, if application therefor is made
before the final taking of evidence in the proceeding.

(2) At any time before the final taking of evidence in a
proceeding, any person may apply to the commission for permission to
appear and participate in the proceeding. The commission shall determine
the interest of the applicant in the proceeding and shall grant the
application, subject to appropriate conditions, if the commission
determines that such appearance and participation will not unreasonably
broaden the issues or burden the record, and otherwise may deny the
application.

(3) This section does not apply to any person who might have been
an original party in a proceeding before the commission if that person is
required by statute to file a pleading or other response in the
proceeding within a specified time. [1971 c.655 §42] At any time before the conclusion of
the taking of evidence in a proceeding, the Public Utility Commission may
segregate the issues involved and order separate hearings thereon at such
times and places as the commission may prescribe. [1971 c.655 §43; 2005
c.638 §4] Except as provided in ORS
756.040 (4), the hearing may be held at any place designated by the
Public Utility Commission within this state, or different parts of the
hearing may be held at different places in this state, as shall be
designated by the commission. The hearing may be continued from time to
time and place to place as ordered and fixed by the commission. [Formerly
756.560] (1) In any
investigation, the Public Utility Commission may take the testimony of
any person by deposition upon oral examination or written interrogatories
for the purpose of discovery or for use in the investigation.

(2) In any proceeding requiring a hearing, the commission or any
party to the proceeding may take the testimony of any person by
deposition upon oral examination or written interrogatories for the
purpose of discovery or for use as evidence in the proceeding, or for
both purposes.

(3) Depositions may be taken within or without the State of Oregon
by the commission, or any other person authorized to administer oaths, in
accordance with procedures prescribed by the rules of the commission.

(4) The commission shall promulgate rules concerning the manner of
applying for and taking depositions and the use thereof. Such rules shall
provide reasonable provisions against abuse of such procedure and for
protection of the rights of all persons affected. [1971 c.655 §45] (1) The Public
Utility Commission shall issue subpoenas to any party to a proceeding
before the commission upon request and proper showing of the general
relevance and reasonable scope of the evidence sought. Witnesses
appearing pursuant to subpoena, other than the parties or their officers
or employees, or employees of the commission, shall receive fees and
mileage as prescribed by law for witnesses in ORS 44.415 (2). If the
commission certifies that the testimony of a witness was relevant and
material, any person who paid fees and mileage to that witness shall be
reimbursed by the commission and from moneys referred to in ORS 756.360,
subject to the limitations provided in ORS 756.360.

(2) If any person fails to comply with any subpoena so issued or
any party or witness refuses to testify on any matters on which the
person may be lawfully interrogated, the judge of the circuit court of
any county, on the application of the commission, or of the party
requesting the issuance of the subpoena, shall compel obedience by
proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from such court or a refusal to testify
therein. [1971 c.655 §46; 1983 c.540 §2; 1987 c.980 §23; 1997 c.249 §221]
(1) No person shall be excused from testifying or from producing evidence
in any proceeding held by the Public Utility Commission on the ground
that the testimony or evidence required of the person may tend to
incriminate the person or subject the person to prosecution, penalty or
forfeiture if:

(a) The person has been directed by the commission to testify or
produce evidence under oath;

(b) The person claims, at the time the person is directed by the
commission to testify or produce evidence, that the testimony or evidence
required of the person may tend to incriminate the person or subject the
person to prosecution, penalty or forfeiture; and

(c) The commission specifically grants the person immunity from
prosecution, penalty or forfeiture regarding those matters about which
the person testifies or produces evidence as directed.

(2) Except for prosecution and punishment for perjury, no person
who testifies or produces evidence in accordance with subsection (1) of
this section shall be prosecuted or subjected to any penalty or
forfeiture concerning any matter about which the person so testified or
produced evidence. [1971 c.655 §47] No
person shall be excused from testifying or from producing books and
papers in any court proceeding based upon or growing out of any violation
of the provisions of ORS chapter 756, 757, 758, 759 or 825 or ORS 824.020
to 824.042, 824.050 to 824.110, 824.200 to 824.256 or 824.300 to 824.310
on the ground or for the reason that the testimony or evidence,
documentary or otherwise, required of the person may tend to incriminate
the person or subject the person to penalty or forfeiture; but no person
having so testified shall be prosecuted or subjected to any penalty or
forfeiture for, or on account of, any transaction, matter or thing
concerning which the person may have testified or produced any
documentary evidence. However, no person shall be exempted from
prosecution or punishment for perjury while so testifying. The immunity
conferred by this section shall extend only to a natural person who, in
obedience to a subpoena, gives testimony under oath or produces evidence,
documentary or otherwise, under oath. [Formerly 757.590; 1989 c.827 §2] The Public Utility
Commission may administer oaths, certify to official acts, issue notices
in the name of the commission, issue subpoenas, compel the attendance of
witnesses and the production of books, accounts, papers, records,
documents and testimony, and take and receive testimony, conduct hearings
and investigations, whether upon complaint or upon the commission’s own
motion. [Formerly 757.555](1) At the conclusion of the taking of evidence, the
Public Utility Commission shall declare the taking of evidence concluded.
Thereafter no additional evidence shall be received except upon the order
of the commission and a reasonable opportunity of the parties to examine
any witnesses with reference to the additional evidence and otherwise
rebut and meet such additional evidence.

(2) After the completion of the taking of evidence, and within a
reasonable time, the commission shall prepare and enter findings of fact
and conclusions of law upon the evidence received in the matter and shall
make and enter the order of the commission thereon. The findings of fact
and conclusions of law may be embodied in the same instrument with the
order or may be embodied in a separate instrument. The findings of fact,
conclusions of law and order thereon shall be signed by the commission.
The order shall state the date it becomes effective. A copy of the
findings of fact and conclusions of law and a copy of the order shall,
forthwith upon the entry of the same, be served upon each of the parties
to the proceeding.

(3) Upon application of any person, the commission shall furnish
certified copies, under the seal of any order made by the commission.
[Formerly 756.550] (1) After an order has been
made by the Public Utility Commission in any proceeding, any party
thereto may apply for rehearing or reconsideration thereof within 60 days
from the date of service of such order. The commission may grant such a
rehearing or reconsideration if sufficient reason therefor is made to
appear.

(2) No such application shall excuse any party against whom an
order has been made by the commission from complying therewith, nor
operate in any manner to stay or postpone the enforcement thereof without
the special order of the commission.

(3) If a rehearing is granted, the proceedings thereupon shall
conform as nearly as possible to the proceedings in an original hearing,
except as the commission otherwise may direct. If in the judgment of the
commission, after such rehearing and the consideration of all facts,
including those arising since the former hearing, the original order is
in any respect unjust or unwarranted, the commission may reverse, change
or modify the same accordingly. Any order made after such rehearing,
reversing, changing or modifying the original determination is subject to
the same provisions as an original order. [Formerly 756.570] All rates,
tariffs, classifications, regulations, practices and service fixed,
approved or prescribed by the Public Utility Commission and any order
made or entered upon any matter within the jurisdiction of the commission
shall be in force and shall be prima facie lawful and reasonable, until
found otherwise in a proceeding brought for that purpose under ORS
756.610. [Formerly 760.575; 2005 c.638 §5] The Public
Utility Commission may at any time, upon notice to the public utility or
telecommunications utility and after opportunity to be heard as provided
in ORS 756.500 to 756.610, rescind, suspend or amend any order made by
the commission. Copies of the same shall be served and take effect as
provided in ORS 756.558 for original orders. [Formerly 757.540; 1973
c.776 §30; 1987 c.447 §92a; 1995 c.733 §70] (1) An order of
the Public Utility Commission issued in accordance with the provisions of
ORS chapters 756, 757, 758 and 759 is binding upon the successors in
interest of each person affected thereby, until set aside, rescinded,
suspended or modified as provided by law.

(2) Any investigation, hearing or other proceeding involving the
issuance of an order of the commission that has not been finally
determined when a transfer of any interests of a person is effected may
be continued and finally determined, notwithstanding any such transfer of
interest. Any order issued in such investigation, hearing or other
proceeding is binding upon the successors in interest. [1971 c.655 §54;
1973 c.776 §31; 1987 c.447 §93; 1995 c.733 §71] The Public Utility
Commission may provide by rule that any public utility or
telecommunications utility affected by any order shall within a time to
be fixed by the commission, notify the commission whether the terms of
the order are accepted and will be obeyed. [1971 c.655 §55; 1973 c.776
§32; 1987 c.447 §94; 1995 c.733 §72] (1) Except as provided in subsection (2)
of this section, final orders of the Public Utility Commission are
subject to judicial review as orders in contested cases under the
provisions of ORS 183.480 to 183.497.

(2) ORS 183.482 (3) does not apply to judicial review of an order
of the Public Utility Commission. At any time after filing a petition for
judicial review of a final order of the commission, the petitioner may
apply to the Court of Appeals for a stay of the order until the final
disposition of the appeal. The court may grant a stay for cause shown. As
a condition of granting a stay, the court may require a bond or other
security, or impose such other conditions as the court deems appropriate.
A stay may be granted only after notice to the commission and opportunity
for hearing. Any bond required by the court must be executed in favor of
the commission for the benefit of interested persons, and may be enforced
by the commission or by any interested person. [Amended by 1971 c.655
§62; 2003 c.576 §559; 2005 c.638 §6]Note: Section 20 (2), chapter 638, Oregon Laws 2005, provides:

Sec. 20. (2) Notwithstanding the repeal of ORS 756.580, 756.585,
756.590, 756.594, 756.598 and 756.600 by section 21 of this 2005 Act and
the amendments to ORS 756.610 by section 6 of this 2005 Act, any findings
of fact, conclusions of law or order that becomes subject to suit under
ORS 756.580 (repealed by this 2005 Act) before the effective date of this
shall be governed by ORS 756.580, 756.585,
756.590, 756.594, 756.598 and 756.600 as though those sections had not
been repealed by this 2005 Act and ORS 756.610 as though ORS 756.610 had
PENALTIES (1) Any public utility or telecommunications
utility that fails to comply with an order or subpoena issued pursuant to
ORS 756.090 shall forfeit, for each day it so fails, a sum of not less
than $50 nor more than $500.

(2) Except where a penalty is otherwise provided by law, any public
utility, telecommunications utility or other person subject to the
jurisdiction of the Public Utility Commission shall forfeit a sum of not
less than $100 nor more than $10,000 for each time that the person:

(a) Violates any statute administered by the commission;

(b) Does any act prohibited, or fails to perform any duty enjoined
upon the person;

(c) Fails to obey any lawful requirement or order made by the
commission; or

(d) Fails to obey any judgment made by any court upon the
application of the commission.

(3) Violation of ORS 756.115 is a Class A violation. A penalty of
not less than $500 nor more than $1,000 shall be recovered from the
public utility or telecommunications utility for each such offense when
such officer, agent or employee acted in obedience to the direction,
instruction or request of the public utility, telecommunications utility
or any general officer thereof.

(4) Violation of ORS 756.125 is punishable, upon conviction, by a
fine of not more than $100 or imprisonment for not more than 30 days, or
both. Any public utility or telecommunications utility that knowingly
permits the violation of ORS 756.125 shall forfeit, upon conviction, not
more than $1,000 for each offense.

(5) Violation of ORS 756.543 (1) is punishable, upon conviction, by
a fine of not less than $100 nor more than $1,000, or by imprisonment in
the county jail for not more than one year, or both.

(6) In construing and enforcing this section, the act, omission or
failure of any officer, agent or other person acting for or employed by
any public utility, telecommunications utility or other person subject to
the jurisdiction of the commission acting within the scope of the
person’s employment shall in every case be deemed to be the act, omission
or failure of such public utility, telecommunications utility or other
person subject to the jurisdiction of the commission. With respect to any
violation of any statute administered by the commission, any penalty
provision applying to such a violation by a public utility or
telecommunications utility shall apply to such a violation by any other
person.

(7) Except when provided by law that a penalty, fine, forfeiture or
other sum be paid to the aggrieved party, or as provided in ORS 757.994
(1), all penalties, fines or forfeitures or other sums collected or paid
under the provisions of any law administered by the commission shall be
paid into the General Fund and credited to the Public Utility Commission


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