2021 Oregon Revised Statutes
Chapter 757 - Utility Regulation Generally
Section 757.890 - Eminent domain.


(2) Notwithstanding subsection (1) of this section, eminent domain may not be used:
(a) To acquire service territory of another electric utility; or
(b) To acquire any property for a purpose that is unrelated to electric utility operations. [2007 c.807 §21]
Note: See note under 757.812.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation

Chapter 757 - Utility Regulation Generally

Section 757.005 - Definition of public utility.

Section 757.006 - People’s utility districts and electric cooperatives excluded from term "public utility."

Section 757.007 - Contract and rate schedule filing for certain furnishers of heat exempt from regulation; procedure.

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 757.039 - Regulation of hazardous substance distribution and storage operations; cooperation with federal agencies; disclosure of reports and information.

Section 757.053 - Alternative means for meeting energy conservation requirements.

Section 757.054 - Cost-effective energy efficiency resources and demand response resources; legislative findings; planning and pursuit by electric company required; consumer credit; rules.

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 757.072 - Agreements for financial assistance to organizations representing customer interests; rules.

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 757.125 - Duty of utility to keep records and accounts; duty of commission to furnish blanks.

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 757.212 - Resource rate plans; customers who may elect to be exempt; order approving plan; effect of approving plan; rules.

Section 757.215 - Commission authorized to suspend new rates or order interim rates during hearings; revenues collected under unapproved rates to be refunded; order after hearing.

Section 757.227 - Rate mitigation for certain electric company rate increases.

Section 757.230 - Control of commission over classification of services and forms of schedules; rules.

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 757.259 - Amounts includable in rate schedule; deferral; limit in effect on rates by amortization; rules.

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 757.269 - Setting of rates based upon income taxes paid by utility; limitation on use of tax information; rules.

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 757.300 - Net metering facility allowed to connect to public utility; conditions for connecting and measuring energy; rules; application to out-of-state utilities.

Section 757.306 - Contractor labor standards for large-scale projects; attestation or declaration; project labor agreement.

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 757.355 - Costs of property not presently providing utility service excluded from rate base; exception.

Section 757.357 - Legislative findings; programs to accelerate transportation electrification; tariff schedules and rates; long-term stranded costs.

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 757.365 - Pilot program for small solar energy systems; rules; limits to program; report to Legislative Assembly.

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 757.396 - Participating large natural gas utilities; portfolio targets; ratemaking mechanisms; qualified investments.

Section 757.398 - Small natural gas utilities; filing to participate; rate cap; cost recovery; qualified investments.

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 757.420 - Hearings and supplemental orders relating to issuance of securities; joint approval of issuance by interstate utility.

Section 757.435 - Disposal of proceeds from issuance of securities; rules.

Section 757.450 - Wrongful acts relating to issuance of securities.

Section 757.455 - Conservation program investment policy; application for bondable investments; utility rates to include investment costs.

Section 757.460 - Pledge of conservation investment assets as bond collateral; perfection of security interest; foreclosure.

Section 757.480 - Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility; exceptions.

Section 757.483 - Condemnation or acquisition of service territory or property of electric company by electric utility; stranded costs obligation.

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 757.506 - Findings and policy regarding exercise of influence over utility by person not engaged in utility business.

Section 757.511 - Application for authority to exercise influence over utility; contents of application; issuance of order; dissemination of information about acquisition.

Section 757.516 - Contracts between natural gas utilities and customers for commodity and services; determination by commission of reasonableness of contract and utility activities.

Section 757.518 - Elimination of coal-fired resources from allocations of electricity; depreciation; exception; useful life of coal-fired resources; rates.

Section 757.519 - Consideration of net gain or net loss upon sale of coal-fired resource for allocation to certain retail electricity consumers.

Section 757.522 - Definitions for ORS 757.522 to 757.536.

Section 757.524 - Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers.

Section 757.526 - Petition by electric companies and electricity service suppliers to study greenhouse gas emissions standard; report to Legislative Assembly.

Section 757.528 - Greenhouse gas emissions standard applicable to consumer-owned utilities; modification; rules.

Section 757.531 - Emissions standard-based restrictions on long-term financial commitments by electric companies or electricity service suppliers; rules.

Section 757.533 - Emissions standard-based restrictions on long-term financial commitments by consumer-owned utilities; rules.

Section 757.536 - Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard; rules.

Section 757.538 - Rules.

Section 757.539 - Eligibility criteria; contents of application; project proposal processes; recovery of costs; rate cap; report to Legislative Assembly.

Section 757.542 - Definitions for ORS 757.542 to 757.562.

Section 757.547 - Oregon Utility Notification Center; board; member qualifications; terms; meetings; rules.

Section 757.552 - Duties of center; fees for services; rules; exemption from certain financial administration laws.

Section 757.557 - Underground utility facility operators required to subscribe to center; liability for damage from excavation for nonsubscribers; exemption.

Section 757.562 - Report to Legislative Assembly of center activities; contracts to carry out duties.

Section 757.600 - Definitions for ORS 757.600 to 757.687.

Section 757.601 - Implementation dates for direct access and portfolio of rate options; exemption for certain small electric companies.

Section 757.603 - Electric company required to provide cost-of-service rate option to all retail electricity consumers; waiver; portfolio of rate options for residential consumers.

Section 757.607 - Direct access conditions; cost recovery.

Section 757.609 - Date for announcing prices for electricity in subsequent calendar year; estimated prices.

Section 757.612 - Requirements for public purpose expenditures; rules.

Section 757.613 - Whole building assessment; investment in energy efficiency.

Section 757.617 - Report to Legislative Assembly on public purpose expenditures; independent nongovernmental entity to prepare report; report on low-income bill assistance.

Section 757.627 - Retail electricity consumers eligible for direct access may aggregate electricity loads.

Section 757.637 - Comparable access to transmission and distribution facilities.

Section 757.642 - Unbundling electricity assets; records.

Section 757.646 - Policies to eliminate barriers to competitive retail market; code of conduct for electric companies; rules.

Section 757.649 - Certification of electricity service suppliers; safety standards for distribution systems; billing requirements; rules.

Section 757.659 - Commission rules; contents.

Section 757.660 - Use of arbitration to resolve disputes relating to valuation of electric company investments; rules.

Section 757.663 - Commission authority to require electric company to enter into contracts with Bonneville Power Administration.

Section 757.669 - Policy regarding consumer-owned electric utilities.

Section 757.672 - Application of ORS 757.603 to 757.667 to consumer-owned electric utility; reciprocal electricity sales.

Section 757.676 - Consumer-owned utility authorized to offer direct, portfolio or other forms of access to electricity services.

Section 757.679 - Net billing agreements.

Section 757.687 - Consumer-owned utility offering direct access; public purpose charge; bill assistance program.

Section 757.695 - Mitigation of energy burdens; costs collection.

Section 757.698 - Low-income electric bill payment and crisis assistance.

Section 757.710 - Emergency curtailment plan required; credits for weatherization or alternate energy devices.

Section 757.720 - Factors to be considered in approving plan; authority to establish plan; consultation with State Department of Energy.

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 757.742 - Public Utility Commission authorization to enter agreement with California related to cost apportionment and trust fund.

Section 757.744 - Disclaimers.

Section 757.746 - Requirements for nongovernmental entities receiving funds.

Section 757.747 - Environmental justice; commission to establish equity metrics.

Section 757.755 - Termination of residential electric or natural gas service prohibited; rules of commission.

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 757.770 - Deadline for public utility filing of outdoor lighting fixture rate and charge application; required notification to customers.

Section 757.800 - Definitions for ORS 757.800 and 757.805.

Section 757.805 - Accident prevention required for work near high voltage lines; effect of failure to comply; applicability; other remedies unaffected.

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 757.872 - Equity and assets of incumbent utility held in trust; disclaimer of state interest.

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 757.895 - Ratemaking.

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 757.910 - Policy.

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 757.990 - Penalties.

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.