OAR 860-037-0547
Allocation of Costs by a Wastewater Utility


(1)

As used in this rule:

(a)

“Affiliate” means a corporation or person who has an affiliated interest, as defined in ORS 757.015 (“Affiliated interest” defined for ORS 757.105 (1) and 757.495), with a wastewater utility;

(b)

“Affiliate transaction” means a transfer of assets, a sale of supplies, or a sale of services between accounts for regulated activities of a wastewater utility and accounts for nonregulated activities of a separate entity that is either an affiliated interest or another company in which the wastewater utility owns a controlling interest. The term also means a transfer of assets, a sale of supplies, or a sale of services between accounts for the regulated and nonregulated activities of a single wastewater utility;

(c)

“Asset” means any tangible or intangible property of a wastewater utility or other right, entitlement, business opportunity, or other thing of value to which a wastewater utility holds claim that is recorded or should be recorded as a capital expenditure in the wastewater utility’s financial statements. All wastewater utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered assets, services or supplies;

(d)

“Cost” means fully distributed cost, including the wastewater utility’s authorized rate of return and all overheads;

(e)

“Fair market value” means the potential sales price that could be obtained by selling an asset in an arm’s-length transaction to a nonaffiliated entity, as determined by commonly accepted valuation principles;

(f)

“Market rate” means the lowest price that is available from nonaffiliated suppliers for comparable services or supplies;

(g)

“Net book value” means original cost less accumulated depreciation;

(h)

“Nonregulated activity” means an activity that is not a regulated activity of the wastewater utility as defined in subsection (1)(i) of this rule;

(i)

“Regulated activity” means a Commission regulated activity that is provided by a wastewater utility directly or indirectly relating to the general operations of the wastewater utility such as production, transmission, delivery, or furnishing of water, and the provision of wastewater services to the public inside the boundaries of a city unless the Commission has determined the activity to be exempt from regulation;

(j)

“Services” means labor-related activities including, but not limited to advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, and legal. All wastewater utility tangible or intangible property, rights, entitlements, business opportunities, and things of value should be considered assets, services, or supplies; and

(k)

“Supplies” means any tangible or intangible property of a wastewater utility or other thing of value to which a wastewater utility holds claim that is recorded or should be recorded as an operating expense in the wastewater utility’s financial statements. All wastewater utility tangible or intangible property, rights, entitlements, business opportunities and things of value should be considered assets, services, or supplies.

(2)

For purposes of this rule, regulated and nonregulated activities of a wastewater utility shall be accounted for in accordance with the Uniform System of Accounts for Water Utilities published by the National Association of Regulatory Utility Commissioners as modified by the Commission.

(3)

When a wastewater utility is conducting an affiliate interest transaction, as defined in this rule, the wastewater utility must use the following cost allocation methods:

(a)

When an asset is transferred to a wastewater utility from an affiliate, the transfer shall be recorded in the wastewater utility’s accounts at the lower of net book value or fair market value.

(b)

When an asset is transferred from a wastewater utility to an affiliate, the transfer shall be recorded in the wastewater utility’s accounts at the tariff rate if an appropriate tariff is on file with the Commission. If no tariff is applicable, proceeds from the transfer shall be recorded in the wastewater utility’s accounts at the higher of net book value or fair market value.

(c)

When an asset is transferred from a wastewater utility to an affiliate at a fair market value that is greater than net book value, the difference shall be considered a gain to the wastewater utility. The wastewater utility shall record the gain so the Commission can determine the proper disposition of the gain in a subsequent rate proceeding.

(d)

When services or supplies are sold by a wastewater utility to an affiliate, sales shall be recorded in the wastewater utility’s accounts at tariffed rates if an applicable tariff is on file with the Commission. Tariffed rates shall be established whenever possible. If services or supplies are not sold pursuant to a tariff, sales shall be recorded in the wastewater utility’s accounts at the wastewater utility’s cost or the market rate, whichever is higher.

(e)

When services or supplies are sold to a wastewater utility by an affiliate, sales shall be recorded in the wastewater utility’s accounts at the wastewater utility’s cost or the market rate, whichever is lower. The affiliate’s cost shall be calculated using the wastewater utility’s most recently authorized rate of return.

(f)

Income taxes shall be calculated for the wastewater utility on a standalone basis for both ratemaking purposes and regulatory reporting. When income taxes are determined on a consolidated basis, the wastewater utility shall record income tax expense as if it were determined for the wastewater utility separately for all time periods.

Source: Rule 860-037-0547 — Allocation of Costs by a Wastewater Utility, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-037-0547.

860‑037‑0001
Scope and Applicability of Rules
860‑037‑0005
Applicability and Formal Requirements
860‑037‑0010
Definitions
860‑037‑0015
Information for Customers and Applicants
860‑037‑0020
Designation of Third Party to Receive Notices
860‑037‑0025
Dispute Resolution
860‑037‑0030
Applications for Water/Wastewater Utility Service
860‑037‑0035
Establishing Credit for Residential Service
860‑037‑0040
Deposit Payment Arrangements for Residential Wastewater Service
860‑037‑0045
Interest on Deposits for Residential and Nonresidential Service
860‑037‑0050
Refund of Wastewater Utility Deposits
860‑037‑0055
Installation of Wastewater Service Connection
860‑037‑0060
Installation of Main Line Extension
860‑037‑0065
Design, Construction, and Operation
860‑037‑0067
Wastewater Disposal
860‑037‑0070
Interruption of Service
860‑037‑0075
Refusal of Service
860‑037‑0080
Restrictions on Entering a Customer Residence
860‑037‑0095
Annual Fees Payable to the Commission by a Wastewater Utility
860‑037‑0097
Estimated Annual Fees Payable to the Commission by a Wastewater Utility
860‑037‑0101
Wastewater Service Charges
860‑037‑0105
Bill Forms
860‑037‑0110
Due and Payable Period
860‑037‑0115
Late-Payment Charge
860‑037‑0120
Adjustment of Bills
860‑037‑0125
Transfer Billings
860‑037‑0205
Grounds for Terminating Customer Wastewater Service by Disconnecting Water Service
860‑037‑0210
Voluntary Water Disconnection for Wastewater Service
860‑037‑0215
Emergency Water Disconnection for Wastewater Service
860‑037‑0220
Disconnection of Water Service on Weekends and Holidays
860‑037‑0225
Accounts Not Related to Residential Service
860‑037‑0230
Disconnection of Wastewater Service to Tenants
860‑037‑0235
Multilingual Disconnection Notice
860‑037‑0240
Reconnection Fee
860‑037‑0245
Disconnection Procedures for All Customers of Wastewater Utility Services
860‑037‑0307
Wastewater Utility Compliance Enforcement by Commission Appointment of Regent to Operate and Manage a Wastewater System
860‑037‑0308
Expenditure of Fees Collected Under ORS 756.310 to Make Emergency Repairs
860‑037‑0309
Commission-Assessed Civil Penalties for Noncompliance
860‑037‑0310
Maps and Records
860‑037‑0320
Location of Underground Facilities
860‑037‑0325
Construction, Safety, and Reporting Standards for Wastewater Utilities
860‑037‑0330
Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities
860‑037‑0405
Relating to New Wastewater Utilities
860‑037‑0407
Request for Rate Regulation of an Association within the Boundaries of a City
860‑037‑0410
Tariff Specifications
860‑037‑0415
Tariff Contents
860‑037‑0420
Tariff Changes Require 30 Days’ Notice to the Commission
860‑037‑0425
Announcement of Tariff Changes
860‑037‑0430
Applications to Make Tariffs or Rate Schedules Effective on Less Than Statutory Notice
860‑037‑0435
Requirements for Filing Tariffs or Schedules Changing Rates
860‑037‑0440
Requirements for Filing Tariffs or Schedules Naming Increased Rates
860‑037‑0445
Tariff Changes Effective with Service Rendered
860‑037‑0450
Notice to Interested Persons
860‑037‑0505
Form and Filing of Applications
860‑037‑0510
Notice and Approval Requirements Relating to the Sale, Transfer, Merger, Termination, Abandonment, or Disposal of a Wastewater Utility
860‑037‑0515
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 Public Utility
860‑037‑0517
Acquisition Adjustment
860‑037‑0520
Application by a Wastewater Utility for Authority to Issue Wastewater Stocks, Bonds, Notes, or Other Securities
860‑037‑0525
Applications for Authority to Guarantee Indebtedness
860‑037‑0530
Applications for Approval of Transactions Between Affiliated Interests
860‑037‑0535
Information Required Regarding Wastewater Utility Goods or Services Provided to Affiliated Interests
860‑037‑0540
Timeliness of Applications Made Under OAR 860-037-0530 and Filings Made Under OAR 860-037-0535
860‑037‑0545
Applications for Waiver of Requirements Under OARs 860-037-0530 and 860-037-0535
860‑037‑0547
Allocation of Costs by a Wastewater Utility
860‑037‑0550
Special Contracts
860‑037‑0555
Relating to City Fees, Taxes, and Other Assessments
860‑037‑0560
Relating to Local Government Fees, Taxes, and Other Assessments
860‑037‑0565
Accounting for Director’s Fees
860‑037‑0567
Accounting for Contributions in Aid of Construction (CIAC)
860‑037‑0570
Accounting for Construction Work In Progress (CWIP)
860‑037‑0605
Preservation and Destruction of Records
860‑037‑0610
Uniform System of Accounts for Wastewater Utilities
860‑037‑0625
Annual Reports
860‑037‑0630
Use of Deferred Accounting as it Applies to Wastewater Operations by Wastewater Utilities
Last Updated

Jun. 24, 2021

Rule 860-037-0547’s source at or​.us