ORS 757.814
Creation of acquisition review committee


(1)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (9) of this section, the Public Utility Commission shall give notice to the cities and counties specified in paragraph (b) of this subsection whenever the commission receives notice of a proposed transaction under ORS 757.511 (Application for authority to exercise influence over utility) (2):

(A)

Relating to an investor-owned utility for which approval of the Public Utility Commission is required under ORS chapter 757; and

(B)

Involving the sale of 50 percent or more of the voting shares of the utility to a person that is not an affiliated interest with the utility as defined in ORS 757.015 (“Affiliated interest” defined for ORS 757.105 (1) and 757.495).

(b)

Notice under subsection (1) of this section shall be given to a city or county if the investor-owned utility that is the subject of the proposed transaction has service territory within the boundaries of the city or county.

(2)

Upon receiving notice under subsection (1) of this section, each city or county may appoint a member to an acquisition review committee formed to represent the affected cities and counties. An acquisition review committee must be formed not more than 60 days after notice is given by the commission under subsection (1) of this section. If an acquisition review committee is not formed within 60 days after notice is given by the commission under subsection (1) of this section, the commission shall proceed with any application made under ORS 757.511 (Application for authority to exercise influence over utility) for approval of the transaction.

(3)

An acquisition review committee formed under this section shall consider a proposed transaction described in subsection (1) of this section for the purpose of determining whether:

(a)

Acquisition of the investor-owned utility by Oregon Community Power would be in the best interests of the customers served by the investor-owned utility; and

(b)

Acquisition of the utility can be accomplished in a manner that is consistent with the policy described in ORS 757.910 (Policy).

(4)

An acquisition review committee created under this section may decide to enter into negotiations for the acquisition of an investor-owned utility that is the subject of a proposed transaction described in subsection (1) of this section only by the affirmative vote of members of the committee representing counties in which reside not less than two-thirds of the customers with billing accounts that are served by the incumbent utility, and the affirmative vote of members of the committee representing cities in which reside not less than two-thirds of the customers with billing accounts that are served by the incumbent utility. If an acquisition review committee determines that negotiations should commence, the committee shall:

(a)

Enter into negotiations with the incumbent utility or persons that have authority to negotiate the disposition of the incumbent utility or the electric utility assets of the incumbent utility; and

(b)

If the negotiations result in an agreement between the committee and the incumbent utility or persons described in paragraph (a) of this subsection, the committee shall immediately give notice to the commission and file an application with the commission under ORS 757.511 (Application for authority to exercise influence over utility) for approval of the transaction.

(5)

An acquisition review committee created under this section may decide to acquire an investor-owned utility under subsection (4) of this section only by the affirmative vote of members of the committee representing counties in which reside not less than two-thirds of the customers with billing accounts that are served by the incumbent utility, and the affirmative vote of members of the committee representing cities in which reside not less than two-thirds of the customers with billing accounts that are served by the incumbent utility. An acquisition review committee may vote to acquire an incumbent utility under this subsection only after public notice and consultation with groups representing customers of the incumbent utility.

(6)

An acquisition review committee must complete negotiations and vote to enter into an agreement not more than 150 days after notice is given to cities and counties under subsection (1) of this section. If the incumbent utility agrees in writing, the committee may request that the time limitation imposed by this section be extended by 90 days.

(7)

If the commission approves acquisition of the incumbent utility by Oregon Community Power, the commission shall inform the Governor and the Governor shall activate Oregon Community Power by convening an initial Oregon Community Power Board Nominating Committee under section 7, chapter 807, Oregon Laws 2007. As soon as the first board of directors of Oregon Community Power is appointed under ORS 757.834 (Board of directors), the board shall implement the agreement and acquire the incumbent utility or the electric utility assets of the incumbent utility in the name of Oregon Community Power.

(8)

An acquisition review committee shall give notice to the commission immediately if the committee proposes to dissolve or decides not to enter into negotiations under subsection (4) of this section or if negotiations do not result in an agreement.

(9)

The commission may not give notice to cities and counties under subsection (1) of this section if a person providing notice of a proposed transaction under ORS 757.511 (Application for authority to exercise influence over utility) (2) also provides to the commission written consent forms signed by persons with authority to act on behalf of counties in which reside not less than two-thirds of the customers with billing accounts that are served by the incumbent utility and on behalf of cities in which reside not less than two-thirds of the customers with billing accounts that are served by the incumbent utility.

(10)

An acquisition review committee may enter into an agreement for the acquisition of an incumbent utility or the electric utility assets of the incumbent utility only if the committee obtains approval for the acquisition from the appropriate state agencies in all states in which the incumbent utility serves retail electricity consumers.

(11)

Notwithstanding any other provision of law, Oregon Community Power is responsible for and shall pay all costs relating to the acquisition of an incumbent utility, including but not limited to:

(a)

The costs of acquiring the electric utility assets of the incumbent utility;

(b)

The costs of acquiring any necessary generating capacity and transmission capacity dedicated to serving the customers in the service area that will be acquired, including but not limited to electricity generating assets and alternate energy generating assets under construction but not yet in service;

(c)

Depreciation;

(d)

Loss of revenue to the incumbent utility; and

(e)

All electric utility assets necessary to reintegrate the system of the incumbent utility after detaching the portion of the utility acquired by Oregon Community Power. [2007 c.807 §2]
Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950).

Source: Section 757.814 — Creation of acquisition review committee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html.

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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