Utility Regulation Generally

ORS 757.310
Prohibition related to charges for service


(1)

A public utility may not charge a customer a rate or an amount for a service that is different from the rate or amount prescribed in the schedules or tariffs for the public utility.

(2)

A public utility may not charge a customer a rate or an amount for a service that is different from the rate or amount the public utility charges any other customer for a like and contemporaneous service under substantially similar circumstances.

(3)

A difference in rates or amounts charged does not constitute a violation of subsection (2) of this section if the difference is based on:

(a)

Service classification under ORS 757.230 (Control of commission over classification of services and forms of schedules);

(b)

Contracts for services under ORS 757.516 (Contracts between natural gas utilities and customers for commodity and services); or

(c)

An optional schedule or tariff for the provision of energy service that takes into account a customer’s past energy usage and provides price incentives designed to encourage changes in the customer’s energy usage that correspond to changes in the cost of providing energy. [Amended by 1971 c.655 §78; 1987 c.900 §2; 1993 c.485 §3; 2005 c.594 §1]

Notes of Decisions

When public utility charged customer for equipment which was never installed, this section was violated, but no violation was shown when it installed unnecessary trunk lines and line which customer did not know about. Holman Transfer Co. v. Pac. NW Bell Tel. Co., 287 Or 387, 599 P2d 1115 (1979)

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


Source

Last accessed
Jun. 26, 2021