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.