OAR 860-001-0120
Grant Eligibility (Precertification and Case Certification)

(1)

Under ORS 757.072 (Agreements for financial assistance to organizations representing customer interests), a utility providing electricity or natural gas may enter into a written agreement to provide financial assistance to an organization that represents broad customer interests in Commission proceedings.

(2)

Upon Commission approval of an agreement, the Commission will apply the qualifications in this rule to determine whether an organization is eligible for a grant of financial assistance. Only parties that are precertified or parties that become case certified for particular proceedings are eligible to receive grants under an agreement. The terms of an agreement are binding on all organizations seeking a grant under that agreement and will be followed by the Commission in administering the agreement. Once precertified, an organization remains precertified unless the Commission decertifies the organization under OAR 860-001-0130 (Termination of Eligibility; Decertification).

(3)

An agreement may allow organizations to seek precertification as eligible to receive grants. The Commission will precertify only organizations meeting the following criteria:

(a)

The Citizens’ Utility Board of Oregon (CUB), as a representative of residential customers; or

(b)

Nonprofit organizations that meet the following criteria:

(A)

A primary purpose of the organization is to represent utility customers’ interests on an ongoing basis;

(B)

The organization represents the interests of a broad class of customers and those interests are primarily directed at public utility rates or terms and conditions of service affecting those customers, and not narrow interests or issues that are ancillary to the representation of those customers as consumers of utility services;

(C)

The organization demonstrates that it is able to effectively represent the particular class of customers it seeks to represent;

(D)

The organization’s members are customers of one or more of the utilities that are parties to the applicable agreement and contribute a significant portion of the overall support and funding of the organization’s activities in the state; and

(E)

The organization has demonstrated in past Commission proceedings the ability to substantively contribute to the record on behalf of customer interests.

(4)

An agreement may allow organizations to seek certification on a case-by-case basis as eligible to receive a grant. The Commission will case certify only those organizations meeting the following criteria:

(a)

The organization is a nonprofit organization, demonstrates that it is in the process of becoming a nonprofit organization, or is comprised of multiple customers of one or more of the utilities that are parties to the agreement and demonstrates that a primary purpose of the organization is to represent broad utility customer interests;

(b)

The organization represents the interests of a broad class of customers and its participation in the proceedings will be primarily directed at public utility rates or terms and conditions of service affecting those customers, and not narrow interests or issues that are ancillary to the effect of the rates and terms and conditions of service on those customers;

(c)

The organization demonstrates that it is able to effectively represent the particular class of customers it seeks to represent;

(d)

Those members of the organization who are customers of one or more of the utilities that are affected by the proceedings and are parties to the agreement contribute a significant percentage of the overall support and funding of the organization;

(e)

The organization demonstrates or has demonstrated in past Commission proceedings the ability to substantively contribute to the record on behalf of customer interests related to rates and the terms and conditions of service, including in proceedings in which the organization was case certified and received a grant;

(f)

The organization demonstrates that:

(A)

No precertified intervenor participating in the proceedings adequately represents the specific interests of the class of customers represented by the organization; or

(B)

The specific interests of a class of customers will benefit from the organization’s participation; and

(g)

The organization demonstrates that its request for case certification will not unduly delay the proceedings.

Source: Rule 860-001-0120 — Grant Eligibility (Precertification and Case Certification), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-001-0120.

860–001–0000
Applicability and Waiver 860–001–0010
Definitions 860–001–0020
Hours of Operation, Location, and Contact Information 860–001–0030
Notice of Commission Proceedings 860–001–0040
Commission Publications 860–001–0050
Late Fees and Penalties 860–001–0060
Public Records Requests 860–001–0070
Confidential Information 860–001–0080
Protective Orders 860–001–0090
Delegation of Authority to Administrative Law Judge 860–001–0100
Impartiality 860–001–0110
Appeal to the Commission from Ruling of Administrative Law Judge 860–001–0120
Grant Eligibility (Precertification and Case Certification) 860–001–0130
Termination of Eligibility 860–001–0140
General 860–001–0150
Filing Dates 860–001–0160
Filing Requirements in Rulemaking Proceedings 860–001–0170
Filing Requirements in Contested Case and Declaratory Ruling Proceedings 860–001–0180
Service in Contested Case and Declaratory Ruling Proceedings 860–001–0200
Public Participation 860–001–0210
Permanent Rulemaking Notice 860–001–0220
Conduct of Rulemaking Hearing 860–001–0230
Rulemaking Record 860–001–0240
Rulemaking Action 860–001–0250
Petition to Promulgate, Amend, or Repeal Rule 860–001–0260
Temporary Rulemaking 860–001–0300
Practice Before the Commission 860–001–0310
Representation and Ethical Conduct 860–001–0320
Appearance of Attorneys 860–001–0330
Former Employees 860–001–0340
Ex Parte Communications 860–001–0350
Settlements 860–001–0360
Case Management Conferences 860–001–0390
General 860–001–0400
Pleadings Requirements 860–001–0410
Default upon Failure to Answer Complaint 860–001–0420
Motions, Responses, and Replies 860–001–0430
Petition for Declaratory Ruling 860–001–0450
Evidence 860–001–0460
Official Notice 860–001–0470
Resolutions 860–001–0480
Testimony and Exhibits 860–001–0490
Records in Other Proceedings 860–001–0500
Discovery in Contested Case Proceedings 860–001–0510
Subpoenas 860–001–0520
Depositions 860–001–0530
Admissions 860–001–0540
Data Requests 860–001–0550
Joint Hearings with other Entities 860–001–0560
Public Meetings 860–001–0570
Notice of Contested Case Hearing 860–001–0580
Postponements and Continuances of Hearings 860–001–0590
Conferences 860–001–0600
Consolidation of Proceedings 860–001–0610
Failure to Appear 860–001–0650
Legal Argument 860–001–0660
Major Proceedings 860–001–0700
Extension or Postponement of Date to Comply with Rules and Orders 860–001–0710
Notice of Acceptance of Terms of Orders 860–001–0720
Rehearing or Reconsideration
Last Updated

Jun. 8, 2021

Rule 860-001-0120’s source at or​.us