ORS 758.015
Certificate of public convenience and necessity

(1)

When any person, as defined in ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475), providing electric utility service, as defined in ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475), or any transmission company, proposes to construct an overhead transmission line which will necessitate a condemnation of land or an interest therein, it shall petition the Public Utility Commission for a certificate of public convenience and necessity setting forth a detailed description and the purpose of the proposed transmission line, the estimated cost, the route to be followed, the availability of alternate routes, a description of other transmission lines connecting the same areas, and such other information in such form as the commission may reasonably require in determining the public convenience and necessity.

(2)

The commission shall give notice and hold a public hearing on such petition. The commission, in addition to considering facts presented at such hearing, shall make the commission’s own investigation to determine the necessity, safety, practicability and justification in the public interest for the proposed transmission line and shall enter an order accordingly. Except for petitions for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line, the order shall be subject to review as in other cases. Orders on petitions for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line are subject to judicial review in the same manner as an order in a contested case as set forth in ORS 758.017 (Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval). In any proceeding for condemnation, a certified copy of such order shall be conclusive evidence that the transmission line for which the land is required is a public use and necessary for public convenience.

(3)

This section shall not apply to construction of transmission lines in connection with a project for which a permit or license is otherwise obtained pursuant to state or federal law.

(4)

As used in this section and ORS 758.020 (Joint occupancy of poles), “transmission company” means a person or entity that owns or operates high voltage transmission lines and is subject to the jurisdiction of the Federal Energy Regulatory Commission. “Transmission company” does not include a cooperative organized under ORS chapter 62. [1961 c.691 §19; 2001 c.913 §6; 2013 c.335 §1]

Source: Section 758.015 — Certificate of public convenience and necessity, https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html.

Notes of Decisions

Municipalities are subject to exclusive territorial allocation statutes and, although cities have certain authority to regulate public utilities, they may not compete with exclusive provider in allocated territory by reason of their regulatory authority. Pacificorp v. City of Ashland, 88 Or App 15, 744 P2d 257 (1987), as modified by 89 Or App 366, 749 P2d 1189 (1988), Sup Ct review denied

758.010
Authority to construct lines and facilities 758.012
Notice of intent to build transmission line to consumer-owned utilities and public utilities 758.013
Operator of electric power line to provide Public Utility Commission with safety information 758.015
Certificate of public convenience and necessity 758.017
Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval 758.020
Joint occupancy of poles 758.025
Relocation of utilities in highway right of way 758.035
Commission’s power to enforce joint use of facilities 758.120
Electric easement in provision of broadband services 758.125
Duties and rights not altered by ORS 758.120 758.130
Requirements for electric cooperative in provision of broadband services 758.210
Policy 758.215
Definitions for ORS 758.210 to 758.270 758.220
Authority for conversion to underground facilities 758.225
Petition, ordinance or resolution for conversion 758.230
Assessment procedure 758.235
Applicability of local improvement laws 758.240
Contract with utility for conversion 758.245
Payment of costs for conversion 758.250
Conversion of facilities on private lands 758.255
Discontinuance of utility service for noncompliance with conversion provisions 758.260
Competitive bidding for utility conversion 758.265
Overhead facilities in assessment district after conversion 758.270
Effect of ORS 758.210 to 758.270 on existing laws and rights 758.280
Definitions for ORS 758.280 to 758.286 758.282
Immunity of electric utility for pruning or removing vegetation in certain cases 758.284
Immunity of electric utility for pruning or removing vegetation in other cases 758.286
Immunity not applicable to liability for cost of abating fires 758.300
Definitions for ORS 758.300 to 758.320 758.302
Application for exclusive service territory 758.305
Exclusive service territories 758.310
Assignment or transfer of rights in exclusive service territory 758.315
Water utility service provided by persons not designated by commission 758.320
Application of ORS 758.300 to 758.320 to cities 758.400
Definitions for ORS 758.015 and 758.400 to 758.475 758.405
Purpose of ORS 758.400 to 758.475 758.410
Contracts for allocation of territories and customers 758.415
Enforceability of contract approved by commission 758.420
Filing of contract 758.425
Order of commission on contract 758.430
Amendment of contract 758.435
Application for allocation of territory 758.440
Order of commission on application 758.445
Judicial review of order on application 758.450
Contract required for allocation of territory 758.455
Investigation by commission respecting contracts or applications 758.460
Assignment or transfer of rights acquired by allocation 758.465
Enforcement procedure 758.470
Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475 758.475
Fees 758.480
Assumption of obligations arising out of Trojan Nuclear Plant 758.505
Definitions for ORS 758.505 to 758.555 758.515
Legislative findings 758.525
Avoided cost schedules 758.535
Criteria for qualifying facility 758.545
Electric utility required to make good faith effort to transmit energy 758.552
Ownership of renewable energy certificates for energy generated by qualifying facility 758.555
Effect of energy sales on qualifying facility
Green check means up to date. Up to date

Current through early 2024

§ 758.015’s source at oregon​.gov