2021 Oregon Revised Statutes
Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration
Section 758.535 - Criteria for qualifying facility; terms and conditions of energy sale.


(2) The terms and conditions for the purchase of energy or energy and capacity from a qualifying facility shall:
(a) Be established by rule by the commission if the purchase is by a public utility;
(b) Be adopted by an electric cooperative or people’s utility district according to the applicable provision of ORS chapter 62 or 261; and
(c) Be established by a municipal utility according to the requirements of the municipality’s charter and ordinance.
(3) The rules or policies adopted under subsection (2) of this section also shall:
(a) Establish safety and operating requirements necessary to adequately protect all systems, facilities and equipment of the electric utility and qualifying facility;
(b) Be consistent with applicable standards required by the Public Utility Regulatory Policies Act of 1978 (P.L. 95-617); and
(c) Be made available to the public at the commission’s office. [1983 c.799 §4]

Structure 2021 Oregon Revised Statutes

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 758.012 - Notice of intent to build transmission line to consumer-owned utilities and public utilities; exemptions.

Section 758.013 - Operator of electric power line to provide Public Utility Commission with safety information; availability of information to public utilities.

Section 758.015 - Certificate of public convenience and necessity.

Section 758.017 - Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval; review vested in Supreme Court.

Section 758.020 - Joint occupancy of poles.

Section 758.025 - Relocation of utilities in highway right of way; required consultation; recovery of costs.

Section 758.035 - Commission’s power to enforce joint use of facilities.

Section 758.120 - Electric easement in provision of broadband services; exceptions; notice; remedies for property owners.

Section 758.125 - Duties and rights not altered by ORS 758.120.

Section 758.130 - Requirements for electric cooperative in provision of broadband services; audit; compliance.

Section 758.215 - Definitions for ORS 758.210 to 758.270.

Section 758.220 - Authority for conversion to underground facilities; formation of assessment district.

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 758.284 - Immunity of electric utility for pruning or removing vegetation in other cases; notice to property owner.

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 758.310 - Assignment or transfer of rights in exclusive service territory; approval of commission.

Section 758.315 - Water utility service provided by persons not designated by commission; remedy.

Section 758.320 - Application of ORS 758.300 to 758.320 to cities; effect on certain voluntary associations; existing franchise; exception.

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 758.450 - Contract required for allocation of territory; prohibited activities; exceptions; third party financing.

Section 758.455 - Investigation by commission respecting contracts or applications; hearing procedure.

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 758.475 - Fees.

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 758.525 - Avoided cost schedules; filing; requirement to purchase energy from qualifying facilities.

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.

Section 758.552 - Ownership of renewable energy certificates for energy generated by qualifying facility.