ORS 757.805
Accident prevention required for work near high voltage lines

effect of failure to comply
applicability
other remedies unaffected

Text
Annotations 1

(1)

Any person or business entity responsible for performing any function, activity, work or operation in proximity to a high voltage overhead line shall guard effectively against accidents involving such high voltage overhead line, as required by rules adopted pursuant to ORS chapter 654.

(2)

If any violation of subsection (1) of this section or rules adopted pursuant to ORS chapter 654 results in, or is a contributing cause of, a physical or electrical accident involving any high voltage overhead line, the person or business entity violating subsection (1) of this section or rules adopted pursuant to ORS chapter 654 is liable to the utility operating the high voltage overhead lines for all damages to its facilities and all costs and expenses, including damages to any third persons, incurred by the utility as a result of the accident. However, any person or business entity that has given advance notice of the function, activity or work to the utility operating the high voltage overhead line, and has otherwise substantially complied with rules adopted pursuant to ORS chapter 654, shall only be liable for such damages in proportion to that person or business entity’s comparative fault in causing or contributing to the accident.

(3)

This section and ORS 757.800 (Definitions for ORS 757.800 and 757.805) do not apply to:

(a)

Construction, reconstruction, operation or maintenance by an authorized person of overhead electric or communication circuits or conductors and their supporting structures or electric generation, transmission or distribution systems or communication systems.

(b)

Fire, police or other emergency service workers acting under authority of a state agency or other public body while engaged in emergency operations.

(4)

The provisions of this section and ORS 757.800 (Definitions for ORS 757.800 and 757.805) are not intended to displace any other remedies which may be available to the utility by statute or common law. [1989 c.672 §§3,4,5,6]

Source: Section 757.805 — Accident prevention required for work near high voltage lines; effect of failure to comply; applicability; other remedies unaffected, https://www.oregonlegislature.gov/bills_laws/ors/ors757.html.

Notes of Decisions

Utility company is not required to prove utility was liable to third party in order to recover utility payment of third party damages from person or business entity causing accident. PGE v. Jungwirth Logging, Inc., 151 Or App 789, 951 P2d 1101 (1997), Sup Ct review denied

757.005
Definition of public utility 757.006
People’s utility districts and electric cooperatives excluded from term “public utility.” 757.007
Contract and rate schedule filing for certain furnishers of heat exempt from regulation 757.009
Procedure for reregulation of furnishers of heat 757.015
“Affiliated interest” defined for ORS 757.105 (1) and 757.495 757.020
Duty of utilities to furnish adequate and safe service at reasonable rates 757.035
Adoption of safety rules and regulations 757.039
Regulation of hazardous substance distribution and storage operations 757.050
Authority of commission to order extension of service to unserved areas 757.053
Alternative means for meeting energy conservation requirements 757.054
Cost-effective energy efficiency resources and demand response resources 757.056
Information on energy conservation to be furnished by certain utilities 757.061
Regulation of water utilities 757.063
Regulation of associations furnishing water upon petition 757.068
Use of fees to make emergency repairs to water service plants 757.069
Notice of delinquency on water bill 757.072
Agreements for financial assistance to organizations representing customer interests 757.077
Incorrect billings 757.105
Filing of budget 757.107
Supplemental budgets and orders 757.110
Effect of budget orders 757.120
Accounts required 757.125
Duty of utility to keep records and accounts 757.135
Closing accounts and filing balance sheet 757.140
Depreciation accounts 757.205
Filing schedules with commission 757.210
Hearing to establish new schedules 757.212
Resource rate plans 757.215
Commission authorized to suspend new rates or order interim rates during hearings 757.220
Notice of schedule changes required 757.225
Utilities required to collect for their services in accordance with schedules 757.227
Rate mitigation for certain electric company rate increases 757.230
Control of commission over classification of services and forms of schedules 757.240
Filing schedules in business office 757.245
Establishment of joint rates 757.247
Tariff schedules for energy resource measures 757.250
Standards and appliances for measuring service 757.255
Testing of measuring appliances 757.259
Amounts includable in rate schedule 757.262
Rates to encourage acquisition of cost-effective conservation resources 757.264
Annual forecast of certain projected production tax credits required 757.266
Rates may encourage tree planting programs as offset to carbon dioxide emissions 757.269
Setting of rates based upon income taxes paid by utility 757.270
Definitions for ORS 757.270 to 757.290 757.271
Authorization from pole owner required for attachment 757.272
Pole owner may approve or reject attachment 757.273
Attachments to public utility and telecommunications utility facilities regulated 757.276
Attachments by licensees to consumer-owned utility facilities regulated 757.279
Fixing rates or charges by commission 757.282
Criteria for just and reasonable rate for attachments 757.285
Presumption of reasonableness of rates set by private agreement 757.287
Application to electrical utility attachments 757.290
Regulatory procedures 757.300
Net metering facility allowed to connect to public utility 757.306
Contractor labor standards for large-scale projects 757.310
Prohibition related to charges for service 757.315
When free service or reduced rates allowed 757.320
Reducing rates for persons furnishing part of necessary facilities 757.325
Undue preferences and prejudices 757.330
Soliciting or accepting special privileges from utilities 757.355
Costs of property not presently providing utility service excluded from rate base 757.357
Legislative findings 757.359
Infrastructure for vehicles powered by renewable natural gas or hydrogen 757.360
Definitions for ORS 757.360 to 757.380 757.365
Pilot program for small solar energy systems 757.375
Credit toward compliance with renewable portfolio standard 757.380
Applicability of ORS 757.360 to 757.380 757.385
Allowance of fair and reasonable rates 757.386
Program for procurement of electricity from community solar projects 757.390
Legislative findings and declarations 757.392
Definitions 757.394
Renewable natural gas programs 757.396
Participating large natural gas utilities 757.398
Small natural gas utilities 757.400
“Stocks” defined for ORS 757.400 to 757.460 757.405
Power to regulate issuance of utility securities 757.410
When issuance of securities is void 757.412
Exemption from securities regulation 757.415
Purposes for which securities and notes may be issued 757.417
Limitation on application of ORS 757.415 757.419
Limitation on application of ORS 757.480 757.420
Hearings and supplemental orders relating to issuance of securities 757.425
State not obligated following approval of issuance 757.430
Conditional approval of issuance authorized 757.435
Disposal of proceeds from issuance of securities 757.440
Approval required before utility may guarantee another’s indebtedness 757.445
Wrongful issues or use of proceeds by utility 757.450
Wrongful acts relating to issuance of securities 757.455
Conservation program investment policy 757.460
Pledge of conservation investment assets as bond collateral 757.480
Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility 757.483
Condemnation or acquisition of service territory or property of electric company by electric utility 757.485
Purchase of property or stocks of one utility by another 757.490
Approval needed for certain contracts 757.495
Contracts involving utilities and persons with affiliated interests 757.500
Contracts between certain public utilities 757.506
Findings and policy regarding exercise of influence over utility by person not engaged in utility business 757.511
Application for authority to exercise influence over utility 757.516
Contracts between natural gas utilities and customers for commodity and services 757.518
Elimination of coal-fired resources from allocations of electricity 757.519
Consideration of net gain or net loss upon sale of coal-fired resource for allocation to certain retail electricity consumers 757.522
Definitions for ORS 757.522 to 757.536 757.524
Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers 757.526
Petition by electric companies and electricity service suppliers to study greenhouse gas emissions standard 757.528
Greenhouse gas emissions standard applicable to consumer-owned utilities 757.531
Emissions standard-based restrictions on long-term financial commitments by electric companies or electricity service suppliers 757.533
Emissions standard-based restrictions on long-term financial commitments by consumer-owned utilities 757.536
Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard 757.538
Rules 757.539
Eligibility criteria 757.542
Definitions for ORS 757.542 to 757.562 757.547
Oregon Utility Notification Center 757.552
Duties of center 757.557
Underground utility facility operators required to subscribe to center 757.562
Report to Legislative Assembly of center activities 757.600
Definitions for ORS 757.600 to 757.687 757.601
Implementation dates for direct access and portfolio of rate options 757.603
Electric company required to provide cost-of-service rate option to all retail electricity consumers 757.607
Direct access conditions 757.609
Date for announcing prices for electricity in subsequent calendar year 757.612
Requirements for public purpose expenditures 757.613
Whole building assessment 757.617
Report to Legislative Assembly on public purpose expenditures 757.622
Commission to establish terms and conditions for default electricity service to nonresidential consumers 757.627
Retail electricity consumers eligible for direct access may aggregate electricity loads 757.629
Reciprocal sales to nonresidential electricity consumers 757.632
Electricity service supplier’s access to electric company’s distribution facilities 757.637
Comparable access to transmission and distribution facilities 757.642
Unbundling electricity assets 757.646
Policies to eliminate barriers to competitive retail market 757.649
Certification of electricity service suppliers 757.654
Commission authority to investigate allegations of undue market influence 757.656
Failure to comply with ORS 757.600 to 757.667 757.659
Commission rules 757.660
Use of arbitration to resolve disputes relating to valuation of electric company investments 757.661
Commission authority to require filing 757.663
Commission authority to require electric company to enter into contracts with Bonneville Power Administration 757.665
Limitation on installing, servicing electric meters 757.667
City authority over rights of way 757.669
Policy regarding consumer-owned electric utilities 757.672
Application of ORS 757.603 to 757.667 to consumer-owned electric utility 757.676
Consumer-owned utility authorized to offer direct, portfolio or other forms of access to electricity services 757.679
Net billing agreements 757.683
Consumer-owned utility’s distribution rights and control over distribution system 757.687
Consumer-owned utility offering direct access 757.691
Applicability 757.695
Mitigation of energy burdens 757.698
Low-income electric bill payment and crisis assistance 757.710
Emergency curtailment plan required 757.720
Factors to be considered in approving plan 757.730
Liability when curtailment occurs 757.732
Definitions for ORS 757.732 to 757.744 757.734
Recovery of investment in Klamath River dams 757.736
Surcharges for funding costs of removing Klamath River dams 757.738
Surcharge trust accounts related to removal of Klamath River dams 757.740
Recovery of other costs incurred as result of changes in operation to or removal of Klamath River dams 757.742
Public Utility Commission authorization to enter agreement with California related to cost apportionment and trust fund 757.744
Disclaimers 757.746
Requirements for nongovernmental entities receiving funds 757.747
Environmental justice 757.750
Legislative findings 757.755
Termination of residential electric or natural gas service prohibited 757.760
Requirements for notice of termination of service 757.765
Public utility provision of shielded outdoor lighting fixtures to customers 757.770
Deadline for public utility filing of outdoor lighting fixture rate and charge application 757.800
Definitions for ORS 757.800 and 757.805 757.805
Accident prevention required for work near high voltage lines 757.811
Requirement to consider electricity from ocean renewable energy 757.812
Definitions for ORS 757.812 to 757.950 757.814
Creation of acquisition review committee 757.818
Oregon Community Power created 757.822
Laws applicable to Oregon Community Power 757.824
Regulatory authority of Public Utility Commission over Oregon Community Power 757.830
Nominating committee 757.834
Board of directors 757.842
Board meetings and procedures 757.852
Acquisition of incumbent utility 757.855
Funding of preliminary activities and negotiations 757.857
Oregon Community Power Utility Acquisition Fund 757.862
Request to Public Utility Commission for transfer of funds 757.864
Conduct of business after acquisition 757.868
Oregon Community Power to be successor in interest to incumbent utility 757.872
Equity and assets of incumbent utility held in trust 757.880
Board duties 757.883
Payments in lieu of property taxes 757.886
Powers of Oregon Community Power 757.890
Eminent domain 757.895
Ratemaking 757.897
Notice of ratemaking 757.900
Intervention by Citizens’ Utility Board in proceedings 757.902
Annual audit of Oregon Community Power 757.905
Adoption of bylaws 757.910
Policy 757.915
Definitions for ORS 757.915 to 757.930 757.918
Oregon Community Power required to allow direct access 757.920
Rights of electricity service suppliers 757.922
Transition credits and charges 757.924
Portfolio access to electricity service providers 757.930
Distribution rights 757.935
Definitions for ORS 757.935 to 757.945 757.937
Financing agreements authorized 757.940
Delegation of powers relating to financing agreements 757.942
Powers of Oregon Community Power relating to financing agreements 757.945
Consultation with State Treasurer 757.950
Authorization to issue and sell revenue bonds 757.954
City’s authority to control, and collect charges for, use of rights of way 757.960
Commission to convene workshops 757.963
Public utility required to develop wildfire protection plan 757.966
Consumer-owned utility required to develop wildfire mitigation plan 757.968
Electric utility easement over private land 757.969
Municipally owned utility exempt from requirements 757.990
Penalties 757.991
Civil penalty for noncompliance with gas regulations 757.993
Penalty for violation of utility excavation notification provisions 757.994
Civil penalty for violation of statute, rule or order related to water utilities 757.995
Civil penalty for violation of wildfire protection provisions or rule

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§ 757.805’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_757.805

Original Source: Section 757.805 — Accident prevention required for work near high voltage lines; effect of failure to comply; applicability; other remedies unaffected, https://www.oregonlegislature.gov/bills_laws/ors/ors757.html (last accessed Aug. 25, 2023).