73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session

HA to SB 81

LC 433/SB 81-3


                      
HOUSE AMENDMENTS TO SENATE BILL 81


      By COMMITTEE ON BUSINESS, LABOR AND CONSUMER AFFAIRS

                             May 27

  In line 2 of the printed bill, delete 'amending ORS 757.310'
and insert 'creating new provisions; amending ORS 757.310; and
declaring an emergency'.
  After line 27, insert:
  '  { +  SECTION 2. + }  { + Section 3 of this 2005 Act is added
to and made a part of ORS 757.205 to 757.240. + }
  '  { +  SECTION 3. + }  { + (1) As used in this section,
'electric company ' has the meaning given that term in ORS
757.600.
  ' (2) The Public Utility Commission shall require that an
electric company mitigate a rate increase payable by a class of
customers described in subsection (5) of this section if:
  ' (a) The increase results from a transition to an electric
company's generally applicable cost-based rate from the rates
established under the contracts described in subsection (5) of
this section; and
  ' (b) The increase in the cost of electricity to that class of
customers by reason of the transition will exceed 50 percent
during the first 12 calendar months after the transition occurs.
  ' (3) The commission shall require an electric company to
mitigate a rate increase under this section by means of a
schedule of rate credits for the class of customers described in
subsection (5) of this section. The rate credits provided by an
electric company under the schedule shall automatically decrease
each year to the lowest credit necessary to avoid a rate increase
that is greater than 50 percent in any subsequent year. Rate
credits under this section may not be provided for more than
seven years after the transition occurs.
  ' (4) For the purpose of determining the increase in the cost
of electricity to a class of customers by reason of a transition
described in subsection (2)(a) of this section, the commission
shall:
  ' (a) Include the total charges for electricity service,
including all special charges and credits other than the rate
credit provided under this section; and
  ' (b) Exclude any local taxes or fees paid by the class of
customers.
  ' (5) This section applies only to customers of an electric
company that purchase electricity at metering points that before
the transition described in subsection (2)(a) of this section
were eligible for rates that were set under contracts entered
into before 1960 and remained unchanged throughout the period of
the contract.
  ' (6) The full cost of providing rate credits under this
section shall be spread equally among all other customers of the
electric company. + }
  '  { +  SECTION 4. + }  { + This 2005 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2005 Act
takes effect on its passage. + } ' .

 

Relating to rates of public utilities; amending ORS 757.310.

     73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
{ +  braces and plus signs + } .

LC 433

                         Senate Bill 81

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Public Utility Commission)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows public utility to charge customer different rate for
energy if difference arises from optional schedule or tariff that
takes into account customer's past energy usage and provides
price incentives designed to encourage changes in customer's
energy usage.

                        A BILL FOR AN ACT
Relating to rates of public utilities; amending ORS 757.310.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 757.310 is amended to read:
  757.310.   { - (1) Except as provided in ORS 757.315, no public
utility or any agent or officer thereof shall, directly or
indirectly, by any device, charge, demand, collect or receive
from any person a greater or less compensation for any service
rendered or to be rendered by it than: - }
    { - (a) That prescribed in the public schedules or tariffs
then in force or established; or - }
    { - (b) It charges, demands, collects or receives from any
other person for a like and contemporaneous service under
substantially similar circumstances. A difference in rates or
charges based upon a difference in classification pursuant to ORS
757.230 shall not constitute a violation of this paragraph. A
difference in rates or charges for a service provided pursuant to
ORS 757.516 shall not constitute a violation of this
paragraph. - }
    { - (2) Any public utility violating this section is guilty
of unjust discrimination. - }
   { +  (1) A public utility may not charge a customer a rate or
an amount for a service that is different from the rate or amount
prescribed in the schedules or tariffs for the public utility.
  (2) A public utility may not charge a customer a rate or an
amount for a service that is different from the rate or amount
the public utility charges any other customer for a like and
contemporaneous service under substantially similar
circumstances.
  (3) A difference in rates or amounts charged does not
constitute a violation of subsection (2) of this section if the
difference is based on:
  (a) Service classification under ORS 757.230;
  (b) Contracts for services under ORS 757.516; or
  (c) An optional schedule or tariff for the provision of energy
service that takes into account a customer's past energy usage
and provides price incentives designed to encourage changes in
the customer's energy usage that correspond to changes in the
cost of providing energy. + }
                         ----------
 
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Source:  http://landru.leg.state.or.us/05reg/measures/sb0001.dir/sb0081.1ha.html