Authority of district to enlarge or modify water system and power generating facilities; joint district ventures; prohibitions; sale of energy; regulations
(1)A district, alone or jointly with other districts, electric cooperatives, as defined in ORS 261.010 (Definitions), people’s utility districts, a cooperative as defined in ORS 62.015 (Definitions), municipal corporations authorized to engage in generating and distributing electricity or public utilities, as defined in ORS 757.005 (Definition of public utility), engaged in the business of generating and distributing electricity, may enlarge or modify its water system for the purpose of generating electricity and may operate and maintain such facilities, notwithstanding any provision of paragraph (a) of this subsection. If a district already has hydroelectric generating capability, the district may enlarge or modify the district’s facilities used for generation of hydroelectric power. Two or more districts may, as a joint venture, generate electricity under ORS 543.650 (Policy) to 543.685 (District board to require weatherization) as long as the structure or facility that is enlarged or modified to produce the electricity is part of the water system of at least one of the districts participating in the joint venture. However, a district may not:
(a)Construct, acquire, operate or maintain any facility or structure that is not an enlargement or modification of the district’s water system solely or primarily for the purpose of generating electricity; or
(b)Be created solely or primarily for the purpose of constructing, acquiring, operating or maintaining hydroelectric facilities.
(2)A district shall sell the excess electric energy generated at such hydroelectric facilities to the Bonneville Power Administration, a public utility as defined in ORS 757.005 (Definition of public utility), an electric cooperative as defined in ORS 261.010 (Definitions), a people’s utility district, a cooperative as defined in ORS 62.015 (Definitions), a municipal corporation or a municipally owned utility. Any sale of excess electric energy shall be made in accordance with terms and conditions of the Federal Power Act, as amended by the Public Utility Regulatory Policies Act of 1978. As used in this subsection, “excess electric energy” means electric energy not used by the district to meet its own electric pumping requirements.
(3)The board of directors of the district shall establish regulations governing electric energy generation and sale under this section.
(4)Electricity shall be sold under this section only at wholesale. [1981 c.420 §3; 1985 c.561 §5; 1995 c.195 §44; 2003 c.802 §80; 2005 c.22 §381]
Law Review Citations
16 EL 583, 593 (1986)