OAR 860-027-0041
Information Required for Utility Goods or Services Provided to Affiliated Interests

(1)

Except as provided in section (4) of this rule, this rule applies to any energy or large telecommunications seeking to provide or contracting to provide, directly or indirectly, to any person or corporation having an affiliated interest as defined in ORS 757.015 (“Affiliated interest” defined for ORS 757.105 (1) and 757.495) or 759.010 or any corporation defined in 757.490 (Approval needed for certain contracts)(1) or 759.385 (Contracts regarding use of utility property)(1), service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legal, or other services, or enter revenues or credits therefore on its books. This rule does not apply to transactions subject to 757.490 (Approval needed for certain contracts), 757.495 (Contracts involving utilities and persons with affiliated interests), 759.385 (Contracts regarding use of utility property), or 759.390 (Contracts with affiliated interests) and OAR 860-027-0040 (Applications for Approval of Transactions Between Affiliated Interests).

(2)

An energy or large telecommunications utility’s failure to submit this required information shall not limit the Commission’s authority to recognize or impute revenues to the utility pursuant to such contract in any rate valuation or other hearing or proceeding.

(3)

For transactions provided in section (1) of this rule, every energy or large telecommunications utility shall submit to the Commission, in the manner and form indicated, the following information:

(a)

Its exact name and the address of its principal business office;

(b)

The name of the person authorized on the energy or large telecommunications utility’s behalf to receive notices, inquiries, and communications regarding the information;

(c)

A statement describing the relationship between the energy or large telecommunications utility and the other contracting entity as defined by ORS 757.015 (“Affiliated interest” defined for ORS 757.105 (1) and 757.495), 757.490 (Approval needed for certain contracts), 759.010, or 759.385 (Contracts regarding use of utility property);

(d)

The pecuniary interest, directly or indirectly, of any officer or director who is a party to the contract;

(e)

A description of the goods or services to be provided, the costs incurred in providing those goods or services, the market value of the goods or services if different from the costs, and the method or methods proposed for pricing those goods or services;

(f)

An estimate of the amount the energy or large telecommunications utility will receive annually for the goods or services and the accounts in which it will record the payments;

(g)

The reasons relied upon by the energy or large telecommunications utility for providing the proposed goods or services and the benefits, if any, utility customers and the general public will derive from the provision of goods or services;

(h)

A copy of the contract or agreement between the energy or large telecommunications utility and the contracting entity that is the subject of this filing; and

(i)

Copies of all resolutions of directors of the energy or large telecommunications utility authorizing the proposed transactions and, if approval of the utility’s stockholders was obtained, copies of the resolutions approved by the stockholders.

(4)

This rule shall not apply to energy or large telecommunications utilities seeking to provide or contracting to provide, directly or indirectly, to any person or corporation having an affiliated interest as defined in ORS 757.015 (“Affiliated interest” defined for ORS 757.105 (1) and 757.495) or 759.010 or any corporation defined in ORS 757.490 (Approval needed for certain contracts)(1) or 759.385 (Contracts regarding use of utility property)(1):

(a)

Any service provided under a rate or schedule of rates filed with the Commission under ORS 757.210 (Hearing to establish new schedules) or 759.180 (Hearing on reasonableness of rates); or

(b)

Any service provided under a rate or schedule of rates which:

(A)

Has been filed with an agency charged with the regulation of energy or large telecommunications utilities;

(B)

Has been approved as just and reasonable or in compliance with another comparable standard; and

(C)

Is available to a broad class of customers.

Source: Rule 860-027-0041 — Information Required for Utility Goods or Services Provided to Affiliated Interests, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-027-0041.

860‑027‑0000
Applicability of Division 27 860‑027‑0001
Definitions for Utility Budgets, Finance, Accounting, and Annual Reports 860‑027‑0005
Utilities Required to File Reports 860‑027‑0015
New Construction Budget 860‑027‑0016
Accounting for Director’s Fees 860‑027‑0020
Form and Filing of Applications 860‑027‑0025
Applications for Authority to Sell, Lease, Assign, Mortgage, Merge, Consolidate or Otherwise Dispose of or Encumber its Property, or to Acquire Stock, Bonds, or Property of Another Utility 860‑027‑0030
Application by an Energy or Large Telecommunications Utility for Authority to Issue Stocks, Bonds, Notes, or Other Securities 860‑027‑0031
When the Commission May Reregulate Financings of Exempt Telecommunications Utilities 860‑027‑0032
Information Required Concerning Financings of Exempt Large Telecommunications Utilities 860‑027‑0035
Applications by a Utility for Authority to Guarantee Indebtedness 860‑027‑0040
Applications for Approval of Transactions Between Affiliated Interests 860‑027‑0041
Information Required for Utility Goods or Services Provided to Affiliated Interests 860‑027‑0042
Timeliness of Application Made Under OAR 860-027-0040 and Filings Made Under OAR 860-027-0041 860‑027‑0043
Application for Waiver of Requirements Under OARs 860-027-0040 and 860-027-0041 860‑027‑0044
Application for Waiver Requirements by Large Telecommunications Utilities Under OARs 860-027-0040 and 860-027-0041 860‑027‑0045
Uniform System of Accounts for Electric Utilities — Major and Nonmajor 860‑027‑0048
Allocation of Costs by an Energy Utility 860‑027‑0050
Uniform System of Accounts for Large Telecommunications Utilities 860‑027‑0052
Allocation of Costs by a Large Telecommunications Utility 860‑027‑0055
Uniform System of Accounts for Gas Utilities — Major and Nonmajor 860‑027‑0065
Uniform System of Accounts for Steam Heat Utilities — Class A, B, and C 860‑027‑0070
Annual Report Requirements for Electric, Gas, Steam Heat, and Large Telecommunications Utilities 860‑027‑0100
Reporting of Affiliated Transactions 860‑027‑0120
Preservation and Destruction of Records 860‑027‑0175
Energy Utility Reporting Requirements Relating to Major Shareholders 860‑027‑0200
Energy Utility Acquisition 860‑027‑0300
Use of Deferred Accounting by Energy and Large Telecommunications Utilities 860‑027‑0310
Cost-Effective Conservation Resources 860‑027‑0350
Depreciation Study Requirements for Energy Utilities 860‑027‑0400
Integrated Resource Plan Filing, Review, and Update
Last Updated

Jun. 24, 2021

Rule 860-027-0041’s source at or​.us