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]