ORS 758.410
Contracts for allocation of territories and customers

  • transfer of facilities

(1)

Any person providing a utility service may contract with any other person providing a similar utility service for the purpose of allocating territories and customers between the parties and designating which territories and customers are to be served by which of said contracting parties; and the territories and customers so allocated and designated may include all or any portion of the territories and customers which are being served by either or both of the parties at the time the contract is entered into, or which could be economically served by the then existing facilities of either party, or by reasonable and economic extensions thereto.

(2)

Any such contracting parties may also contract in writing for the sale, exchange, transfer, or lease of equipment or facilities located within territory which is the subject of the allocation agreed upon pursuant to subsection (1) of this section. Any sale, exchange, transfer or lease of equipment, plant or facilities made pursuant to this subsection by any person which is a “public utility” as defined in ORS 757.005 (Definition of public utility) is also subject to the approval of the Public Utility Commission to the extent required by ORS chapter 757.

(3)

The commission may approve a contract entered into under this section that authorizes Coos County to construct a natural gas pipeline into allocated territory in Coos County and that contains terms for the allocation of industrial customers in Coos County between the county and the other party to the contract. The contract need not specify the territory in which industrial customers subject to the allocation are located. The commission may approve the provisions of a contract under this subsection that govern allocation of industrial customers only if the commission determines that the provisions promote the purposes specified in ORS 758.405 (Purpose of ORS 758.400 to 758.475). The commission shall actively supervise the implementation of any contract entered into pursuant to this subsection to ensure that the contract continues to promote the purposes specified in ORS 758.405 (Purpose of ORS 758.400 to 758.475). A contract entered into under this subsection is not subject to ORS 758.420 (Filing of contract) (2). [Formerly 757.615; 2003 c.32 §1]

Source: Section 758.410 — Contracts for allocation of territories and customers; transfer of facilities, https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html.

Notes of Decisions

Public Utility Commission approved allocation of exclusive service area is entitled to state-action immunity from federal antitrust law. Columbia River PUD v. Portland General Electric, 40 F. Supp. 2d 1152 (D. Or. 1999)

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

§ 758.410’s source at oregon​.gov