ORS Chapter 774
Chapter 774 — Citizens’Utility Board
2009 EDITION
CITIZENS’UTILITY BOARD
UTILITYREGULATION
774.010 Definitions
774.020 Policy
774.030 Citizens’Utility Board; powers
774.040 Membershipon board
774.060 Boardof Governors; duties; executive committee
774.070 Electionof board; term; qualifications; statement of financial interest;disqualification of candidate; recall; vacancies
774.110 Meetings
774.120 Inclusionof information in utility billings; frequency; notice; duty of utility toforward board mail
774.130 Mailingcosts; reimbursement
774.140 Interferencewith mailings or contributions
774.160 Dispositionof complaints
774.180 Interventionin agency proceedings affecting utility consumers; standing to obtain judicialor administrative review
774.190 Applicabilityof certain laws to board; protection from liability
774.210 Remedies;attorney fees
774.250 Severability
774.990 Penalty
774.010Definitions.As used in this chapter, except as otherwise specifically provided or unless thecontext requires otherwise:
(1)“Board” means the Citizens’ Utility Board of Governors.
(2)“Consumer” or “utility consumer” means any natural person 18 years of age orolder who is a resident of the State of Oregon.
(3)“District” means an electoral district for members of the Citizens’ UtilityBoard of Governors.
(4)“Member” means a member of the Citizens’ Utility Board.
(5)“Utility” means any utility regulated by the Public Utility Commission pursuantto ORS chapters 757 and 759, which furnishes electric, telephone, gas orheating service. However, “utility” does not include any municipality,cooperative, or people’s utility district. [1985 c.1 §2; 1987 c.447 §102]
774.020Policy.The people of the State of Oregon hereby find that utility consumers need aneffective advocate to assure that public policies affecting the quality andprice of utility services reflect their needs and interests, that utilityconsumers have the right to form an organization which will represent theirinterests before legislative, administrative and judicial bodies, and thatutility consumers need a convenient manner of contributing to the funding ofsuch an organization so that it can advocate forcefully and vigorously on theirbehalf concerning all matters of public policy affecting their health, welfareand economic well-being. [1985 c.1 §1]
774.030Citizens’ Utility Board; powers. (1) The Citizens’ Utility Board ishereby created as an independent nonprofit public corporation and is authorizedto carry out the provisions of this chapter.
(2)The Citizens’ Utility Board has perpetual succession and it may sue and besued, and may in its own name purchase and dispose of any interest in real andpersonal property, and shall have such other powers as are granted to corporationsby ORS 65.077. No part of its net earnings shall inure to the benefit of anyindividual or member of the Citizens’ Utility Board.
(3)The Citizens’ Utility Board shall have all rights and powers necessary torepresent and protect the interests of utility consumers, including but notlimited to the following powers:
(a)To conduct, fund or contract for research, studies, plans, investigations,demonstration projects and surveys.
(b)To represent the interests of utility consumers before legislative,administrative and judicial bodies.
(c)To accept grants, contributions and appropriations from any source, and tocontract for services.
(d)To adopt and modify bylaws governing the activities of the Citizens’ UtilityBoard. [1985 c.1 §3; 1989 c.1010 §179]
774.040Membership on board.(1) All consumers are eligible for membership in the Citizens’ Utility Board. Aconsumer shall become a member of the Citizens’ Utility Board upon contributionof at least $5 but not more than $100 per year to the Citizens’ Utility Board.Each member shall be entitled to cast one vote for the election of the Citizens’Utility Board of Governors. The board shall establish a method wherebyeconomically disadvantaged individuals may become members of the Citizens’Utility Board without full payment of the yearly contribution.
(2)Each year the Citizens’ Utility Board shall cause to be prepared, by acertified public accountant authorized to do business in this state, an auditof its financial affairs. The audit is a public record subject to inspection inthe manner provided in ORS 192.410 to 192.505. [1985 c.1 §9]
774.060Board of Governors; duties; executive committee. The Citizens’Utility Board of Governors shall manage the affairs of the Citizens’ UtilityBoard. The board may delegate to an executive committee composed of not fewerthan five members of the board the authority as would be allowed by ORS 65.354.[1985 c.1 §4; 1989 c.1010 §180]
774.070Election of board; term; qualifications; statement of financial interest;disqualification of candidate; recall; vacancies. (1) TheCitizens’ Utility Board of Governors shall be comprised of three personselected from each congressional district described in ORS 188.135 by a majorityof the votes cast by members residing in that district. The election shall beconducted by mail ballot in such manner as the Citizens’ Utility Board ofGovernors may prescribe.
(2)The term of office of a member of the Citizens’ Utility Board of Governors isfour years. No person may serve more than two consecutive terms on the Citizens’Utility Board of Governors.
(3)Each candidate and each member of the Citizens’ Utility Board of Governors mustbe a member of the Citizens’ Utility Board and must be a resident of thedistrict from which the candidate seeks to be or is elected.
(4)At least 45 days before an election each candidate shall file with the Citizens’Utility Board of Governors a statement of financial interests, which shallcontain the information in such form as the Citizens’ Utility Board ofGovernors shall determine. Each candidate shall maintain a complete record ofcontributions received and expenditures made with regard to an electioncampaign. Each candidate shall make the records available for public inspectionat such reasonable times as the Citizens’ Utility Board of Governors considersappropriate.
(5)No member who is employed by a utility shall be eligible for appointment orelection to the Citizens’ Utility Board of Governors, and no member of theCitizens’ Utility Board of Governors who obtains employment by a utility maymaintain a position on the Citizens’ Utility Board of Governors. While on theboard, no director elected under this section may hold elective public office,be a candidate for any elective public office, or be a state public official.No person who owns or controls, either singly or in combination with anyimmediate family member, utility stocks or bonds of a total value in excess of$3,000 is eligible to serve as an elected member of the Citizens’ Utility Boardof Governors.
(6)The Citizens’ Utility Board of Governors may disqualify any candidate or memberof the Citizens’ Utility Board of Governors for any violation of this chapteror of the bylaws of the Citizens’ Utility Board.
(7)Upon petition signed by 20 percent of the members in a district for the recallof a member of the Citizens’ Utility Board of Governors elected from thedistrict, the Citizens’ Utility Board of Governors shall mail ballots to eachmember in the district, submitting the question whether the member of theCitizens’ Utility Board of Governors shall be recalled. If a majority of themembers voting at the election vote in favor of the recall, then the member ofthe Citizens’ Utility Board of Governors shall be recalled. Elections andrecall proceedings shall be conducted in a manner as the Citizens’ UtilityBoard of Governors may prescribe. Ballots for all election and recallproceedings shall be counted at a regular meeting of the Citizens’ UtilityBoard of Governors.
(8)The remaining members of the Citizens’ Utility Board of Governors shall havethe power to fill vacancies on the Citizens’ Utility Board of Governors. [1985c.1 §6; 1997 c.249 §222]
774.110Meetings.All meetings of the Citizens’ Utility Board of Governors shall be open to thepublic, except under the same circumstances in which a public agency would beallowed to hold executive meetings under ORS 192.660. [1985 c.1 §8]
774.120Inclusion of information in utility billings; frequency; notice; duty of utilityto forward board mail. (1) Upon request by the Citizens’ Utility Boardpursuant to this section, each utility shall include in billings to a utilityconsumer materials prepared and furnished by the Citizens’ Utility Board, notexceeding in folded size the dimensions of the envelope customarily used bysuch utility to send billings to its customers.
(2)The Citizens’ Utility Board shall not intentionally make any false materialstatement in any material submitted to a utility for inclusion with a billing.If the utility believes that the Citizens’ Utility Board has intentionally madefalse material statements in an enclosure, it may file a complaint with thePublic Utility Commission of Oregon within five days of receipt. The PublicUtility Commission of Oregon must review the complaint within 10 days, and ifthe commission determines that the Citizens’ Utility Board has intentionallymade false material statements, the commission shall give the Citizens’ UtilityBoard of Governors written notification that specifies any false materialstatements made and the reasons why the commission determines the statements tobe false.
(3)No utility shall be required to enclose Citizens’ Utility Board material with abilling more than six times in any calendar year.
(4)The Citizens’ Utility Board shall notify a utility of its intention to includeunder the provisions of this chapter any material in any specified periodicbilling or billings not fewer than 30 calendar days prior to the mailing of theperiodic billings and shall supply the utility with the material not fewer than20 calendar days prior to the mailing of the periodic billings.
(5)All material submitted by the Citizens’ Utility Board for inclusion in autility billing must include the return address of the Citizens’ Utility Board.A utility is not required to deliver or forward to the Citizens’ Utility Boardmaterial intended for the Citizens’ Utility Board mistakenly sent to theutility. However, a utility shall retain such materials for a period of 60 daysfrom the date of receipt. The utility shall notify the Citizens’ Utility Boardthat such materials have been received and make these materials available tothe Citizens’ Utility Board on demand. [1985 c.1 §10]
774.130Mailing costs; reimbursement. (1) The Citizens’ Utility Board shallnot be required to pay any postage charges for materials submitted by theCitizens’ Utility Board for inclusion in a utility billing if such materialsweigh four-tenths of one ounce avoirdupois or less. If the materials submittedweigh over four-tenths of one ounce avoirdupois, then the Citizens’ UtilityBoard shall reimburse the utility for a portion of the postage costs which isequal to that portion of the Citizens’ Utility Board material over four-tenthsof one ounce avoirdupois in proportion to the total weight of the billing. Inaddition to postage costs, the Citizens’ Utility Board shall reimburse suchother reasonable costs, as determined by the Public Utility Commission ofOregon, incurred by a utility in complying with ORS 774.120.
(2)Reimbursement of a utility by the Citizens’ Utility Board shall be made within60 days of the date the utility submits to the Citizens’ Utility Board anitemized statement of the costs incurred by the utility. In no event shall suchreimbursement exceed the fair market value for the services provided by theutility. [1985 c.1 §11]
774.140Interference with mailings or contributions. (1) No utility, nor any of itsemployees, officers, members of the board of directors, agents, contractors orassignees, shall in any manner interfere with, delay, alter or otherwisediscourage the distribution of any material or statement authorized by theprovisions of this chapter for inclusion in periodic utility billings, nor inany manner interfere with, hamper, hinder or otherwise infringe upon a utilityconsumer’s right to contribute to Citizens’ Utility Board, nor in any mannerhamper, hinder, harass, penalize or retaliate against any utility consumerbecause of the consumer’s contribution to, or participation in, any activitiesof the Citizens’ Utility Board.
(2)No utility may change its mailing, accounting, or billing procedures if suchchange will hamper, hinder, or otherwise interfere with the ability of theCitizens’ Utility Board to distribute materials or statements authorized bythis chapter. [1985 c.1 §12]
774.160Disposition of complaints. Citizens’ Utility Board may submit to theappropriate agency any complaint it receives regarding a utility company.Public agencies shall periodically inform Citizens’ Utility Board of any actiontaken on complaints received pursuant to this section. [1985 c.1 §13]
774.180Intervention in agency proceedings affecting utility consumers; standing toobtain judicial or administrative review. Notwithstanding any otherprovision of law:
(1)Whenever the board determines that any agency proceeding may affect theinterests of utility consumers, Citizens’ Utility Board may intervene as ofright as an interested party or otherwise participate in the proceeding.
(2)Citizens’ Utility Board shall have standing to obtain judicial oradministrative review of any agency action, and may intervene as of right as aparty or otherwise participate in any proceeding which involves the review orenforcement of any action by an agency, if the board determines that the actionmay affect the interests of utility consumers. [1985 c.1 §14]
774.190Applicability of certain laws to board; protection from liability. (1) ORS 279.835to 279.855 and ORS chapters 278, 279A, 279B, 279C, 282, 283, 291, 292, 293, 295and 297 do not apply to Citizens’ Utility Board or to the administration andenforcement of this chapter. An employee of Citizens’ Utility Board shall notbe considered an “employee” as the term is defined in the public employeesretirement laws. Citizens’ Utility Board and its employees shall be exempt fromthe provisions of the State Personnel Relations Law.
(2)ORS chapter 183 does not apply to determinations and actions by the board.
(3)The board, and any of the officers, employees, agents or members of Citizens’Utility Board shall be provided the same protections from liability as theboard, officers, employees, agents, or members of any nonprofit corporation ofthe State of Oregon. [1985 c.1 §15; 2003 c.794 §330]
774.210Remedies; attorney fees. (1) Any utility, and any of its employees,officers, members of the board of directors, agents, contractors or assigneeswhich does, or causes or permits to be done, any matter, act or other thingprohibited by this chapter, or omits to do any act, matter or other thingrequired to be done by this chapter, is liable for any injury to Citizens’Utility Board and to any other person in the amount of damages sustained inconsequence of such violation. The court may award reasonable attorney fees tothe prevailing party in an action under this section.
(2)Citizens’ Utility Board may obtain equitable relief, without bond, to enjoinany violation of this chapter.
(3)Any recovery or enforcement obtained under this section shall be in addition toany other recovery or enforcement under this section or under any statute orcommon law. Any recovery under this section shall be in addition to recovery bythe state of the penalty or fine prescribed for such violation by this chapter.The rights and remedies provided by this chapter shall be in addition to allother rights and remedies available under law. [1985 c.1 §16; 1995 c.618 §136]
774.250Severability.If any section, portion, clause or phrase of this chapter is for any reasonheld to be invalid or unconstitutional the remaining sections, portions,clauses and phrases shall not be affected but shall remain in full force oreffect, and to this end the provisions of this chapter are severable. [1985 c.1§18]
774.990Penalty.Willful violation of ORS 774.120 (1) or (5) or 774.140 is a Class Amisdemeanor. [1985 c.1 §17]
_______________
CHAPTER 775
[Reserved forexpansion]