Section 758.425 – Order of commission on contract.
(1) On the basis of the applicant’s filing or, if there is a hearing, on the record made at the hearing held pursuant to ORS 758.420, the Public Utility Commission shall enter an order either approving or disapproving the contract as filed, together with any appropriate findings of the facts supporting such order. (2) An […]
Section 758.430 – Amendment of contract; approval of commission.
Any contract that has been approved as provided in ORS 758.400 to 758.475 may be subsequently amended by the parties thereto, but any such amendatory agreement shall be filed with the Public Utility Commission and shall thereafter be approved or disapproved by the commission in the manner provided in ORS 758.420 and 758.425. However, no […]
Section 758.435 – Application for allocation of territory; hearing; notice.
(1) Any person providing a utility service in a territory that is not served by another person providing a similar utility service may make application to the Public Utility Commission for an order allocating such territory to it. The application may include any adjacent area that it is more economical and feasible to serve by […]
Section 758.440 – Order of commission on application.
(1) On the basis of the application, or, if there is a hearing, on the record made at the hearing held pursuant to ORS 758.435, the Public Utility Commission shall enter an order either approving or disapproving the application as filed, or as amended, together with findings of the facts supporting such order. (2) The […]
Section 758.445 – Judicial review of order on application.
An order of the Public Utility Commission under ORS 758.440 is subject to judicial review in the manner provided by ORS 756.610. If a petition for judicial review is not filed within the specified time, the order shall thereafter be valid and enforceable for the purposes herein specified from the date on which the right […]
Section 758.450 – Contract required for allocation of territory; prohibited activities; exceptions; third party financing.
(1) Territory served by more than one person providing similar utility service may only become an allocated territory by a contract approved by the Public Utility Commission. (2) Except as provided in subsection (4) of this section, no other person shall offer, construct or extend utility service in or into an allocated territory. (3) Except […]
Section 758.455 – Investigation by commission respecting contracts or applications; hearing procedure.
(1) The Public Utility Commission may make such investigations respecting a contract or an application for the allocation of territory as the commission deems proper including the physical examinations and evaluations of the facilities and systems of the parties to the contract, estimates of their operating costs and revenues and studies of such other information […]
Section 758.460 – Assignment or transfer of rights acquired by allocation; approval of commission.
(1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a finding that such assignment or transfer is not contrary to the public interest. However, no hearing is required if all affected customers agree to the proposed assignment or transfer. (2) […]
Section 758.465 – Enforcement procedure.
In the event a contract approved by the Public Utility Commission is breached or in the event an allocated territory is served by a person not authorized by such contract, or order of the commission, the aggrieved person or the commission may file an action in the circuit court for any county in which is […]
Section 758.470 – Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475.
(1) ORS 758.015 and 758.400 to 758.475 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, […]