OAR 860-038-0740
New Large Load Program Enrollment and Rates

(1) Each New Large Load consumer must notify the electric company of its intent to enroll in the New Large Load Direct Access Program and opt out of cost-of-service rates at the earlier of either:
(a) A binding written agreement with the utility for eligible new load, or
(b) One year prior to the expected starting date of the incremental load.
(2) Section (1) is waived for the eligible New Large Load consumer that has entered into a written agreement with an electric company prior to September 30, 2018, indicating its intent to receive distribution service from an electric company and for which the electric company has not planned to provide generation supply service.
(3) An electric company must charge New Large Load Direct Access participants a New Large Load Direct Access Service Transition Rate that recovers the following:
(a) 20 percent of the fixed generation costs for five years; and
(b) All reasonable costs of administering the New Large Load Direct Access Program.
(4) Participants receiving service under the New Large Load Direct Access program must also pay an Existing Load Shortage Transition Adjustment on the sum of the Existing Load Shortage for the participant and the Existing Load Shortage of all of the participant’s affiliated consumers.
(a) For purposes of this rule, “affiliated consumer” means a consumer, a controlling interest which is held by another consumer, engaged in the same line of business as the holder of the controlling interest.
(b) For the purposes of this rule, “Existing Load Shortage” means the larger of zero or a consumer’s Average Historic Cost-of-Service Load plus Incremental Demand Side Management less the average Cost-of-Service Eligible Load during the previous 60 months.
(c) The Existing Load Shortage Transition Adjustment is a charge or credit equal to:
(A) 75 percent of fixed generation costs plus net variable power cost transition adjustments during the first five years after enrollment in the New Large Load Direct Access Program; and
(B) 100 percent of fixed generation costs plus net variable power cost transition adjustments after the first five years of enrollment in the New Large Load Direct Access program.
(5) A participant may be exempted from charges made under section (4) if the participant can demonstrate that the change in load in question is not due to load shifting activity. For purposes of this rule, “load shifting” means the relocation of facilities, equipment, processes, manufacturing, employees or any economic activity for the deliberate purpose of increasing load at locations participating in the New Large Load Direct Access Program from locations not subject to the New Large Load Direct Access Program. The electric company tariff must include provisions detailing procedures and requirements for a participant to make this demonstration.

Source: Rule 860-038-0740 — New Large Load Program Enrollment and Rates, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-038-0740.

860‑038‑0001
Scope and Applicability of Rules 860‑038‑0005
Definitions for Direct Access Regulation 860‑038‑0080
Resource Policies and Plans 860‑038‑0100
Auction Process 860‑038‑0140
Ongoing Valuation 860‑038‑0160
Transition Costs and Credits 860‑038‑0200
Unbundling 860‑038‑0220
Portfolio Options 860‑038‑0240
Cost-of-Service Rate 860‑038‑0250
Nonresidential Standard Offer 860‑038‑0260
Direct Access 860‑038‑0275
Direct Access Annual Announcement and Election Period 860‑038‑0280
Default Supply 860‑038‑0300
Electric Company and Electricity Service Suppliers Labeling Requirements 860‑038‑0340
Electric Company Ancillary Services 860‑038‑0360
Electric Company Customer Metering Requirements 860‑038‑0380
Aggregation 860‑038‑0400
Electricity Service Supplier Certification Requirements 860‑038‑0410
Scheduling 860‑038‑0420
Electricity Service Supplier Consumer Protection 860‑038‑0445
Coordination of Supplier Changes and Billing 860‑038‑0450
Location of Underground Facilities 860‑038‑0460
Construction, Safety, and Reporting Standards for Electricity Service Suppliers 860‑038‑0470
Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities 860‑038‑0480
Public Purposes 860‑038‑0500
Code of Conduct Purpose 860‑038‑0520
Electric Company Name and Logo 860‑038‑0560
Treatment of Competitors 860‑038‑0580
Prevention of Cross-subsidization Between Competitive Operations and Regulated Operations 860‑038‑0590
Transmission and Distribution Access 860‑038‑0600
Joint Marketing and Referral Arrangements 860‑038‑0620
Access to Books and Records 860‑038‑0640
Compliance Filings 860‑038‑0700
Definitions for New Large Load Direct Access Program 860‑038‑0710
Requirement to Enable a New Large Load Direct Access Program 860‑038‑0720
Nonresidential Standard Offer, Default Supply, and Return to Cost of Service 860‑038‑0730
New Large Load Eligibility Requirements 860‑038‑0740
New Large Load Program Enrollment and Rates 860‑038‑0750
De-Enrollment Due to Failure to Meet Load Standard 860‑038‑0760
Reporting
Last Updated

Jun. 8, 2021

Rule 860-038-0740’s source at or​.us