(2) Except as provided in subsection (4) of this section, no other person shall offer, construct or extend utility service in or into an allocated territory.
(3) Except as provided in subsection (4) of this section, during the pendency of an application for an allocation of exclusively served territory, no person other than applicant shall offer, construct or extend utility service in or into the territory applied for; nor shall any person, without the express consent of the commission, offer, construct or extend utility service in or into any unserved territory which is the subject of a filing pending before the commission under ORS 758.420 or 758.435.
(4) The provisions of ORS 758.400 to 758.475 do not apply to any corporation, company, individual or association of individuals providing heat, light or power:
(a) From any energy resource to fewer than 20 customers, if it began providing service to a customer prior to July 14, 1985;
(b) From any energy resource to fewer than 20 residential customers so long as the corporation, company, individual or association of individuals serves only residential customers;
(c) From solar or wind resources to any number of customers; or
(d) From biogas, waste heat or geothermal resources for nonelectric generation purposes to any number of customers.
(5) Nothing in subsection (4) of this section shall prohibit third party financing of acquisition or development by a utility customer of energy resources to meet the heat, light or power requirements of that customer. [Formerly 757.652; 1981 c.360 §2; 1985 c.779 §2]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration
Section 758.010 - Authority to construct lines and facilities; requirements and conditions.
Section 758.015 - Certificate of public convenience and necessity.
Section 758.020 - Joint occupancy of poles.
Section 758.035 - Commission’s power to enforce joint use of facilities.
Section 758.125 - Duties and rights not altered by ORS 758.120.
Section 758.215 - Definitions for ORS 758.210 to 758.270.
Section 758.225 - Petition, ordinance or resolution for conversion; contents; filing.
Section 758.230 - Assessment procedure; objections to conversion.
Section 758.240 - Contract with utility for conversion.
Section 758.245 - Payment of costs for conversion; removal of overhead facilities.
Section 758.250 - Conversion of facilities on private lands; procedure; payment of costs.
Section 758.280 - Definitions for ORS 758.280 to 758.286.
Section 758.282 - Immunity of electric utility for pruning or removing vegetation in certain cases.
Section 758.286 - Immunity not applicable to liability for cost of abating fires.
Section 758.300 - Definitions for ORS 758.300 to 758.320.
Section 758.302 - Application for exclusive service territory.
Section 758.305 - Exclusive service territories.
Section 758.315 - Water utility service provided by persons not designated by commission; remedy.
Section 758.400 - Definitions for ORS 758.015 and 758.400 to 758.475.
Section 758.410 - Contracts for allocation of territories and customers; transfer of facilities.
Section 758.420 - Filing of contract; hearing on contract; notice.
Section 758.425 - Order of commission on contract.
Section 758.435 - Application for allocation of territory; hearing; notice.
Section 758.440 - Order of commission on application.
Section 758.460 - Assignment or transfer of rights acquired by allocation; approval of commission.
Section 758.470 - Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475.
Section 758.480 - Assumption of obligations arising out of Trojan Nuclear Plant.
Section 758.505 - Definitions for ORS 758.505 to 758.555.
Section 758.515 - Legislative findings.
Section 758.535 - Criteria for qualifying facility; terms and conditions of energy sale.
Section 758.545 - Electric utility required to make good faith effort to transmit energy; remedy.