(a) Construct, acquire, operate or maintain any facility or structure that is not an enlargement or modification of the district’s water system solely or primarily for the purpose of generating electricity; or
(b) Be created solely or primarily for the purpose of constructing, acquiring, operating or maintaining hydroelectric facilities.
(2) A district shall sell the excess electric energy generated at such hydroelectric facilities to the Bonneville Power Administration, a public utility as defined in ORS 757.005, an electric cooperative as defined in ORS 261.010, a people’s utility district, a cooperative as defined in ORS 62.015, a municipal corporation or a municipally owned utility. Any sale of excess electric energy shall be made in accordance with terms and conditions of the Federal Power Act, as amended by the Public Utility Regulatory Policies Act of 1978. As used in this subsection, "excess electric energy" means electric energy not used by the district to meet its own electric pumping requirements.
(3) The board of directors of the district shall establish regulations governing electric energy generation and sale under this section.
(4) Electricity shall be sold under this section only at wholesale. [1981 c.420 §3; 1985 c.561 §5; 1995 c.195 §44; 2003 c.802 §80; 2005 c.22 §381]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 543 - Hydroelectric Projects
Section 543.010 - Definitions for ORS 543.010 to 543.610.
Section 543.012 - Applicability of chapter to reauthorization of existing hydroelectric project.
Section 543.013 - Applicability of chapter and ORS chapter 543A to ocean renewable energy facility.
Section 543.055 - Hearings and witnesses.
Section 543.075 - Definitions for ORS 543.075 to 543.092.
Section 543.078 - Annual fee for hydroelectric project.
Section 543.080 - Project specific fees; summary of project specific expenditures.
Section 543.082 - Invoice for fees; overdue fee; interest on delinquent fees.
Section 543.085 - Periodic review of annual fee.
Section 543.088 - Payment of costs or fee for reauthorization or relicensing of project.
Section 543.095 - Challenges to certain statutes related to hydroelectric projects.
Section 543.160 - Hydroelectric facility on North Santiam River prohibited; exception.
Section 543.165 - Hydroelectric facility on part of Deschutes River prohibited.
Section 543.170 - Hydroelectric facility on Isqúulktpe Creek prohibited.
Section 543.210 - Preliminary permits; application; contents; fee.
Section 543.220 - Notice of filing of application; waiting period.
Section 543.225 - Hearing on application; notice; policy.
Section 543.230 - Hearings on application; rules; protest.
Section 543.280 - Fee payments by licensee.
Section 543.300 - Conditions governing license; fees; waiver of conditions.
Section 543.525 - ORS 543.530 to 543.550 not applicable to regulated utilities.
Section 543.610 - Acquisition of project by state or municipality.
Section 543.655 - Definitions for ORS 543.650 to 543.685.
Section 543.665 - Authority to issue revenue bonds to acquire hydroelectric facilities.
Section 543.685 - District board to require weatherization; Weatherization Fund; purpose.