Utility Regulation Generally

ORS 757.068
Use of fees to make emergency repairs to water service plants


In each biennium the Public Utility Commission may use not more than $5,000 of the fees collected under ORS 756.310 (Annual fees payable by utilities and telecommunications providers) to make emergency repairs to the plants of public utilities providing water service. The commission may expend moneys under the provisions of this section only if the commission determines that:


Customers of the utility are without service and are likely to remain without service for an unreasonable period of time;


The utility is unwilling or unable to make emergency repairs, or cannot be found after reasonable effort; and


Restoration of the service is necessary for the health and safety of the customers of the utility.


The commission shall attempt to recover fees used under this section from the utility providing water service. The commission may also recover a penalty as provided in ORS 756.350 (Penalty for failure to pay fees) from the time the fees are expended. [2003 c.202 §8]
Chapter 757

Notes of Decisions

Under regulatory scheme, Public Utility Commissioner has authority to promulgate rule limiting telephone company's liability for directory listing errors or omissions. Garrison v. Pacific NW Bell, 45 Or App 523, 608 P2d 1206 (1980)

Refund is proper exercise of Public Utility Commission's general powers if refund (1) is based only on information in existence at time of rate order for which refund is being made; (2) is not based on evaluation of public utility's actual expenses or revenues; and (3) is not effectuated by offsetting future rates. Gearhart v. Public Utility Commission, 255 Or App 58, 299 P3d 533 (2013), aff'd 356 Or 216, 339 P3d 904 (2014)

Atty. Gen. Opinions

Authority of Governor and Public Utility Commissioner to enter into binding agreements with respect to uniform curtailment plans, (1977) Vol 38, p 861


Last accessed
Jun. 26, 2021