OAR 690-051-0410
Agreements Between Municipal and Private Applicants
(1)
A district or municipal applicant and a private applicant may contract together for the purpose of developing hydroelectric power. The joint project may receive the benefit of municipal preference and proceed under the municipal application process if the benefit, interest and control retained by the district or municipal corporation is as follows:(a)
A minimum of 10 percent of the gross or 30 percent of the net project income annually, at the option of the applicant, unless excepted by the Commission;(b)
The proprietary interest in the project lands; and(c)
Control over the operation of the project to the extent the district or municipal corporation can assure:(A)
Compliance with all regulations conditions and orders of the Director, or in cases where the final order is approved by the Commission, the Commission, affecting the project;(B)
Maintenance of flow, fish passage facilities, screening devices and other structural facilities and operational measures required by the Director, or in cases where the final order is approved by the Commission, the Commission or the Oregon Department of Fish and Wildlife; and(C)
Payment of annual fees required by ORS 543.710 (Annual fee based on horsepower) and 543.720 (Payment of annual fee) and expenses required by any agreement developed under ORS 543.265 (Testing of fish protection measures as condition for hydroelectric project permit or license).(2)
Any changes in the terms of a contract between a district/municipal corporation and private applicant that affect section (1) of this rule, shall first be approved by the Director.
Source:
Rule 690-051-0410 — Agreements Between Municipal and Private Applicants, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-051-0410.