(b) A generating facility complies with the greenhouse gas emissions standard established under ORS 757.524 if the rate of emissions of the facility does not exceed the emissions standard.
(c) In determining whether a generating facility complies with the emissions standard, the total emissions associated with producing baseload electricity at the generating facility are included in determining the rate of emissions of greenhouse gases. The total emissions associated with producing electricity at the generating facility do not include emissions associated with transportation, fuel extraction or other life-cycle emissions associated with obtaining the fuel for the facility.
(2) Notwithstanding subsection (1) of this section, the emissions standard does not apply to greenhouse gas emissions produced by a generating facility owned by an electric company or electricity service supplier or contracted through a long-term financial commitment if the emissions:
(a) Come from a facility powered exclusively by renewable energy sources described in ORS 469A.025;
(b) Come from a cogeneration facility in this state that is fueled by natural gas, synthetic gas, distillate fuels, waste gas or a combination of these fuels, and that is producing energy, in service for tax purposes, commercially operable, or in rates as of July 1, 2010, until the facility is subject to a new long-term financial commitment; or
(c) Come from a generating facility that has in place a plan, as determined by the Public Utility Commission, to be a low-carbon emissions resource, pursuant to sufficient technical documentation, within seven years of commencing plant operations.
(3) Notwithstanding ORS 757.524 and subsection (1) of this section, the commission may exempt a long-term financial commitment by an electric company or an electricity service supplier from the greenhouse gas emissions standard if the commission finds that the commitment is a necessary and prudent response to:
(a) Unanticipated electricity system reliability needs; or
(b) Catastrophic events or threat of significant financial harm that may arise from unforeseen circumstances.
(4) Notwithstanding subsection (1) of this section, an electric company may enter into a long-term financial commitment that does not meet the emissions standard established under ORS 757.524 if the electric company does not seek recovery of the costs in retail sales in this state.
(5) The commission by rule shall establish:
(a) Standards for identifying contracts for electricity for which the emissions cannot readily be determined with any specificity; and
(b) Emissions to be attributed to such contracts for purposes of determining compliance with the emissions standard established under ORS 757.524. [2009 c.751 §4]
Note: See note under 757.522.
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 757 - Utility Regulation Generally
Section 757.005 - Definition of public utility.
Section 757.009 - Procedure for reregulation of furnishers of heat.
Section 757.015 - "Affiliated interest" defined for ORS 757.105 (1) and 757.495.
Section 757.035 - Adoption of safety rules and regulations; enforcement.
Section 757.053 - Alternative means for meeting energy conservation requirements.
Section 757.056 - Information on energy conservation to be furnished by certain utilities; rules.
Section 757.061 - Regulation of water utilities; rules.
Section 757.063 - Regulation of associations furnishing water upon petition.
Section 757.068 - Use of fees to make emergency repairs to water service plants.
Section 757.069 - Notice of delinquency on water bill.
Section 757.077 - Incorrect billings; collections; refunds.
Section 757.105 - Filing of budget; rules; review by commission; pensions as operating expenses.
Section 757.110 - Effect of budget orders.
Section 757.120 - Accounts required.
Section 757.135 - Closing accounts and filing balance sheet; rules; auditing accounts.
Section 757.140 - Depreciation accounts; use of certain undepreciated investment in rates.
Section 757.205 - Filing schedules with commission; data filed with schedules.
Section 757.210 - Hearing to establish new schedules; alternative regulation plan.
Section 757.227 - Rate mitigation for certain electric company rate increases.
Section 757.240 - Filing schedules in business office.
Section 757.245 - Establishment of joint rates.
Section 757.247 - Tariff schedules for energy resource measures; rules.
Section 757.250 - Standards and appliances for measuring service; rules.
Section 757.255 - Testing of measuring appliances; rules; fees.
Section 757.262 - Rates to encourage acquisition of cost-effective conservation resources; rules.
Section 757.266 - Rates may encourage tree planting programs as offset to carbon dioxide emissions.
Section 757.270 - Definitions for ORS 757.270 to 757.290.
Section 757.271 - Authorization from pole owner required for attachment.
Section 757.272 - Pole owner may approve or reject attachment.
Section 757.279 - Fixing rates or charges by commission; cost of hearing.
Section 757.282 - Criteria for just and reasonable rate for attachments; rate reduction.
Section 757.310 - Prohibition related to charges for service.
Section 757.315 - When free service or reduced rates allowed.
Section 757.320 - Reducing rates for persons furnishing part of necessary facilities.
Section 757.325 - Undue preferences and prejudices.
Section 757.359 - Infrastructure for vehicles powered by renewable natural gas or hydrogen.
Section 757.360 - Definitions for ORS 757.360 to 757.380.
Section 757.375 - Credit toward compliance with renewable portfolio standard; limits.
Section 757.380 - Applicability of ORS 757.360 to 757.380.
Section 757.385 - Allowance of fair and reasonable rates.
Section 757.386 - Program for procurement of electricity from community solar projects; rules.
Section 757.390 - Legislative findings and declarations.
Section 757.392 - Definitions.
Section 757.394 - Renewable natural gas programs; rules; requirements.
Section 757.410 - When issuance of securities is void.
Section 757.412 - Exemption from securities regulation.
Section 757.415 - Purposes for which securities and notes may be issued; order required.
Section 757.417 - Limitation on application of ORS 757.415.
Section 757.435 - Disposal of proceeds from issuance of securities; rules.
Section 757.450 - Wrongful acts relating to issuance of securities.
Section 757.485 - Purchase of property or stocks of one utility by another.
Section 757.490 - Approval needed for certain contracts.
Section 757.495 - Contracts involving utilities and persons with affiliated interests.
Section 757.522 - Definitions for ORS 757.522 to 757.536.
Section 757.542 - Definitions for ORS 757.542 to 757.562.
Section 757.600 - Definitions for ORS 757.600 to 757.687.
Section 757.607 - Direct access conditions; cost recovery.
Section 757.612 - Requirements for public purpose expenditures; rules.
Section 757.613 - Whole building assessment; investment in energy efficiency.
Section 757.637 - Comparable access to transmission and distribution facilities.
Section 757.642 - Unbundling electricity assets; records.
Section 757.659 - Commission rules; contents.
Section 757.669 - Policy regarding consumer-owned electric utilities.
Section 757.679 - Net billing agreements.
Section 757.695 - Mitigation of energy burdens; costs collection.
Section 757.698 - Low-income electric bill payment and crisis assistance.
Section 757.732 - Definitions for ORS 757.732 to 757.744.
Section 757.734 - Recovery of investment in Klamath River dams.
Section 757.736 - Surcharges for funding costs of removing Klamath River dams; judicial review.
Section 757.738 - Surcharge trust accounts related to removal of Klamath River dams.
Section 757.744 - Disclaimers.
Section 757.746 - Requirements for nongovernmental entities receiving funds.
Section 757.747 - Environmental justice; commission to establish equity metrics.
Section 757.760 - Requirements for notice of termination of service; payment schedules; rules.
Section 757.765 - Public utility provision of shielded outdoor lighting fixtures to customers.
Section 757.800 - Definitions for ORS 757.800 and 757.805.
Section 757.811 - Requirement to consider electricity from ocean renewable energy.
Section 757.812 - Definitions for ORS 757.812 to 757.950.
Section 757.814 - Creation of acquisition review committee.
Section 757.818 - Oregon Community Power created.
Section 757.822 - Laws applicable to Oregon Community Power.
Section 757.824 - Regulatory authority of Public Utility Commission over Oregon Community Power.
Section 757.830 - Nominating committee.
Section 757.834 - Board of directors.
Section 757.842 - Board meetings and procedures.
Section 757.852 - Acquisition of incumbent utility; use of eminent domain.
Section 757.855 - Funding of preliminary activities and negotiations.
Section 757.857 - Oregon Community Power Utility Acquisition Fund.
Section 757.862 - Request to Public Utility Commission for transfer of funds.
Section 757.864 - Conduct of business after acquisition.
Section 757.868 - Oregon Community Power to be successor in interest to incumbent utility; rules.
Section 757.880 - Board duties.
Section 757.883 - Payments in lieu of property taxes.
Section 757.886 - Powers of Oregon Community Power.
Section 757.890 - Eminent domain.
Section 757.897 - Notice of ratemaking; ratemaking hearings.
Section 757.900 - Intervention by Citizens’ Utility Board in proceedings.
Section 757.902 - Annual audit of Oregon Community Power.
Section 757.905 - Adoption of bylaws.
Section 757.915 - Definitions for ORS 757.915 to 757.930.
Section 757.918 - Oregon Community Power required to allow direct access.
Section 757.920 - Rights of electricity service suppliers.
Section 757.922 - Transition credits and charges.
Section 757.924 - Portfolio access to electricity service providers.
Section 757.930 - Distribution rights; service territories.
Section 757.935 - Definitions for ORS 757.935 to 757.945.
Section 757.937 - Financing agreements authorized.
Section 757.940 - Delegation of powers relating to financing agreements.
Section 757.942 - Powers of Oregon Community Power relating to financing agreements.
Section 757.945 - Consultation with State Treasurer.
Section 757.950 - Authorization to issue and sell revenue bonds.
Section 757.954 - City’s authority to control, and collect charges for, use of rights of way.
Section 757.963 - Public utility required to develop wildfire protection plan; rules.
Section 757.966 - Consumer-owned utility required to develop wildfire mitigation plan.
Section 757.968 - Electric utility easement over private land.
Section 757.969 - Municipally owned utility exempt from requirements.
Section 757.991 - Civil penalty for noncompliance with gas regulations.
Section 757.993 - Penalty for violation of utility excavation notification provisions.
Section 757.994 - Civil penalty for violation of statute, rule or order related to water utilities.
Section 757.995 - Civil penalty for violation of wildfire protection provisions or rule.