ORS 758.470
Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475

(1)

ORS 758.015 (Certificate of public convenience and necessity) and 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) shall not be construed or applied to restrict the powers granted to cities to issue franchises, or to restrict the exercise of the power of condemnation by a municipality; and when a municipality has condemned or otherwise acquired another person’s equipment, plant or facilities for rendering utility service, it shall acquire all of the rights of the person whose property is condemned to serve the territory served by the acquired properties.

(2)

ORS 758.015 (Certificate of public convenience and necessity) and 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) shall not be construed to restrict the right of a municipality to provide utility service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location.

(3)

ORS 758.015 (Certificate of public convenience and necessity) and 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475) to 758.475 (Fees) shall not be construed to confer upon the Public Utility Commission any regulatory authority over rates, service or financing of cooperatives or municipalities. [Formerly 757.680]

Source: Section 758.470 — Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475, https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html.

Notes of Decisions

This section necessarily implies that cities may condemn property of public utilities in exclusively allocated territory for purpose of using property to provide services which public utility had provided on property. 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

Power granted to cities to issue franchises to utilities governed by Public Utility Commission territorial allocation is limited to authority conferred by ORS 221.420. Springfield Utility Board v. Emerald People’s Utility District, 339 Or 631, 125 P3d 740 (2005)

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

§ 758.470’s source at oregon​.gov