Utility Regulation Generally

ORS 757.890
Eminent domain


(1)

Oregon Community Power may exercise the power of eminent domain for the purpose of acquiring any property, within or outside the service territory of Oregon Community Power, necessary for carrying out the electric utility operations of Oregon Community Power. Oregon Community Power may use the power of eminent domain to acquire an incumbent utility pursuant to an agreement under ORS 757.814 (Creation of acquisition review committee) only as provided by ORS 757.852 (Acquisition of incumbent utility).

(2)

Notwithstanding subsection (1) of this section, eminent domain may not be used:

(a)

To acquire service territory of another electric utility; or

(b)

To acquire any property for a purpose that is unrelated to electric utility operations. [2007 c.807 §21]
Note: See note under 757.812 (Definitions for ORS 757.812 to 757.950).
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