Utility Regulation Generally

ORS 757.991
Civil penalty for noncompliance with gas regulations

(1)

Any person or municipality, or any agent, lessee, trustee or receiver of the person or municipality, engaged in the management, operation, ownership or control of facilities for the transmission or distribution of gas by pipeline, or of facilities for the storage or treatment of gas to be transmitted or distributed by pipeline, who fails to comply with ORS 757.039 (Regulation of hazardous substance distribution and storage operations), or fails to comply with any order, rule or regulation of the Public Utility Commission made pursuant to ORS 757.039 (Regulation of hazardous substance distribution and storage operations), is subject to a civil penalty not to exceed $200,000 for each such failure for each day that the failure persists, except that the maximum civil penalty may not exceed $2 million for any related series of failures.

(2)

Notwithstanding ORS 183.315 (Application of provisions of chapter to certain agencies) (6), 183.745 (Civil penalty procedures) (7)(d) and 756.500 (Complaint) to 756.610 (Judicial review), civil penalties under this section must be imposed by the commission as provided in ORS 183.745 (Civil penalty procedures).

(3)

Civil penalties collected under this section must be paid into the General Fund and credited to the Public Utility Commission Account as described in ORS 756.990 (Penalties) (7). [1969 c.372 §4; 1991 c.199 §1; 2015 c.231 §1]
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

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