ORS Chapter 756

TITLE 57

UTILITYREGULATION

 

Chapter     756.     PublicUtility Commission

                  757.     UtilityRegulation Generally

                  758.     UtilityRights of Way and Territory Allocation; Cogeneration

                  759.     TelecommunicationsUtility Regulation

                  772.     Rightsof Way for Public Uses

                  774.     Citizens’Utility Board

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Chapter 756 — PublicUtility Commission

 

2009 EDITION

 

 

PUBLICUTILITY COMMISSION

 

UTILITYREGULATION

 

GENERALPROVISIONS

 

756.010     Definitions

 

COMMISSIONPOWERS AND DUTIES

 

(Generally)

 

756.014     PublicUtility Commission; appointment; confirmation; term; removal

 

756.016     Quorum;seal; individual commissioner authorized to act for commission

 

756.022     Oathof office

 

756.026     Prohibitedinterests of commissioner and family

 

756.028     Employeestatements regarding prohibited interests

 

756.032     Employeedismissal for retention of prohibited interests or failure to file statements

 

756.034     Intentof prohibited interest provisions

 

756.036     Dutiesand functions

 

756.037     Commissionauthority to provide assistance, information, resources and advice toLegislative Assembly

 

756.040     Generalpowers

 

756.045     Employinglegal counsel

 

756.047     Authorityof commission to require fingerprints

 

756.050     Office,office supplies and sessions of commission

 

756.055     Delegationof authority

 

756.060     Authorityto adopt rules and regulations

 

756.062     Substantialcompliance with laws adequate for commission activities; construction of lawsgenerally

 

756.068     Serviceof notice or other legal process

 

(InvestigatoryPowers)

 

756.070     Investigatingmanagement of utilities

 

756.075     Rightof entry for examination of equipment, records or employees; use of findings

 

756.090     Maintainingand producing records; expenses of examining out-of-state records

 

756.105     Dutyto furnish information to commission

 

756.115     Failureto furnish requested information

 

756.125     Interferencewith commission’s equipment

 

ENFORCEMENTAND REMEDIES

 

756.160     Enforcementof statutes and ordinances relating to utilities

 

756.180     Enforcingutility laws

 

756.185     Rightto recover for wrongs and omissions; treble damages

 

756.200     Effectof utility laws on common law and other statutory rights of action, duties andliabilities

 

FUNDSAND FEES

 

756.305     PublicUtility Commission Account

 

756.310     Annualfees payable by utilities and telecommunications providers

 

756.320     Statementsaccompanying fees; audit and refunding by commission

 

756.325     Distributionof information filed with commission; fees; rules

 

756.350     Penaltyfor failure to pay fees; action to collect unpaid fees and penalties

 

756.360     Disposaland use of fees and penalties collected

 

DECLARATORYRULINGS

 

756.450     Declaratoryrulings

 

COMPLAINTAND INVESTIGATION PROCEDURE

 

756.500     Complaint;persons entitled to file; contents; amendments

 

756.512     Noticeof complaint to defendant; responsive pleadings; setting cause for hearing

 

756.515     Investigationsand hearings on commission’s own motion; hearings for aggrieved persons

 

HEARINGPROCEDURE

 

756.518     Proceduresapplicable to all matters before commission; oral hearing; rules

 

756.521     Publichearings; record required; furnishing transcripts

 

756.525     Partiesto proceedings

 

756.528     Segregationof issues

 

756.534     Placeof hearings; continuation

 

756.538     Takingand use of depositions; rules

 

756.543     Issuanceof subpoenas; failure to comply

 

756.549     Self-incriminationof witnesses in commission proceedings

 

756.552     Self-incriminationof witnesses in court proceedings

 

756.555     Powersof commission at hearings

 

756.558     Takingof evidence; findings; issuance of orders; providing copies of orders

 

756.561     Rehearing;reconsideration

 

756.565     Primafacie effect of commission actions

 

756.568     Rescission,suspension and amendment of orders

 

756.572     Effectof orders on successors in interest

 

756.575     Noticeof acceptance of terms of orders

 

756.610     Judicialreview

 

PENALTIES

 

756.990     Penalties

 

GENERALPROVISIONS

 

      756.010Definitions.As used in ORS chapters 756, 757, 758 and 759, except as otherwise specificallyprovided or unless the context requires otherwise:

      (1)“Commission” means the Public Utility Commission of Oregon.

      (2)“Commissioner” means a member of the Public Utility Commission of Oregon.

      (3)“Customer” includes the patrons, passengers, shippers, subscribers, users ofthe service and consumers of the product of a public utility or telecommunicationsutility.

      (4)“Municipality” means any city, municipal corporation or quasi-municipalcorporation.

      (5)“Person” includes individuals, joint ventures, partnerships, corporations andassociations or their officers, employees, agents, lessees, assignees, trusteesor receivers.

      (6)“Public utility” has the meaning given that term in ORS 757.005.

      (7)“Rate” means any fare, charge, joint rate, schedule or groups of rates or otherremuneration or compensation for service.

      (8)“Service” is used in its broadest and most inclusive sense and includesequipment and facilities related to providing the service or the productserved.

      (9)“Telecommunications utility” has the meaning given that term in ORS 759.005. [Amendedby 1971 c.655 §2; 1973 c.776 §14; 1977 c.337 §1; 1985 c.834 §6; 1987 c.447 §75;1991 c.841 §1; 1995 c.733 §52]

 

COMMISSIONPOWERS AND DUTIES

 

(Generally)

 

      756.014Public Utility Commission; appointment; confirmation; term; removal. (1) There iscreated the Public Utility Commission of Oregon. The commission shall becomposed of three members appointed by the Governor, subject to confirmation bythe Senate pursuant to section 4, Article III of the Oregon Constitution. Nomore than two of such members shall be of the same political party.

      (2)Each commissioner shall hold office for the term of four years. A commissionershall hold office until a successor has been appointed and qualified. Thechairperson shall be designated by the Governor and shall serve as chairpersonat the pleasure of the Governor.

      (3)Any vacancy occurring in the office of commissioner shall be filled byappointment by the Governor to hold office for the balance of the unexpiredterm.

      (4)The Governor may at any time remove a commissioner for any cause deemed by theGovernor sufficient. Before such removal the Governor shall give thecommissioner a copy of the charges, and shall fix a time when the commissionercan be heard, which shall not be less than 10 days thereafter. The hearingshall be open to the public. If the commissioner is removed, the Governor shallfile in the office of the Secretary of State a complete statement of allcharges made against the commissioner, and the findings thereon with a recordof the proceedings. Such power of removal is absolute, and there is no right ofreview of the same in any court. [1985 c.834 §2; 1999 c.1102 §1]

 

      756.016Quorum; seal; individual commissioner authorized to act for commission. (1) A majorityof the commissioners shall constitute a quorum for the transaction of any business,for the performance of any duty or for the exercise of any power of the PublicUtility Commission.

      (2)The commission shall have a seal with the words “Public Utility Commission ofOregon” and such other design as the commission may prescribe engraved thereon,by which the proceedings of the commission shall be authenticated and of whichthe courts shall take judicial notice.

      (3)Any investigation, inquiry or hearing which the commission has power toundertake or to hold may be undertaken or held by or before any commissionerdesignated by order of the commission. Except as provided in ORS 756.055, allinvestigations, inquiries and hearings so held shall be conducted as though bythe full commission with such commissioner empowered to exercise all the powersof the commission with respect thereto. [1985 c.834 §§3,4,5]

 

      756.020 [Amended by1973 c.792 §48; 1983 c.540 §1; repealed by 1985 c.834 §12]

 

      756.022Oath of office.Before entering upon the duties of office, each commissioner shall take and subscribeto an oath or affirmation to support the Constitution of the United States andof this state, and to faithfully and honestly discharge the duties of office.The oath shall be filed with the Secretary of State. [1971 c.655 §3; 1985 c.834§7]

 

      756.026Prohibited interests of commissioner and family. (1) No memberof the Public Utility Commission shall:

      (a)Hold any other office of profit;

      (b)Hold any office or position under any political committee or party;

      (c)Hold any pecuniary interest in any business entity conducting operations whichif conducted in this state would be subject to the commission’s regulatoryjurisdiction; or

      (d)Hold any pecuniary interest in, have any contract of employment with, or haveany substantial voluntary transactions with any business or activity subject tothe commission’s regulatory jurisdiction.

      (2)The prohibitions of subsection (1)(c) and (d) of this section apply to thespouse and minor children of each commissioner.

      (3)If the Governor determines that any commissioner has done any act prohibited bysubsection (1) of this section, or that a commissioner’s spouse or a minorchild has done any act prohibited by subsection (2) of this section, theGovernor shall remove the commissioner in the manner provided in ORS 756.014(4).

      (4)Subsection (3) of this section does not apply to a commissioner if thecommissioner or the commissioner’s spouse or a minor child acquires anypecuniary interest prohibited by subsection (1) or (2) of this section, advisesthe Governor of such acquisition, and causes divestiture of such interestwithin the time specified by the Governor.

      (5)For purposes of subsection (1) of this section, a business or activity shallnot be considered subject to the commission’s regulatory jurisdiction solelybecause the business or activity is a private carrier as defined by ORS825.005. [1971 c.655 §4; 1985 c.834 §8; 1987 c.123 §1; 1995 c.306 §41]

 

      756.028Employee statements regarding prohibited interests. Each employeeof the Public Utility Commission shall file with the commission a statementregarding holdings of the employee and the holdings of the employee’s spouseand minor children of any pecuniary interest in any business or activitysubject to the commission’s regulatory jurisdiction. Supplementary statementsshall be filed as such pecuniary interests are acquired or divested. Thestatements shall be in such form as the commission prescribes. If thecommission determines that an employee or spouse or minor child of the employeeholds any such pecuniary interest that may interfere with the impartialdischarge of the employee’s duties, the commission shall order divestiture ofthe interest. [1971 c.655 §5]

 

      756.030 [Repealed by1971 c.655 §250]

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