Oregon State Archives

Oregon Bulletin

November 1, 2011

Public Utility Commission
Chapter 860

Rule Caption: In the Matter of Revisions to the Solar Photovoltaic Pilot Program.

Adm. Order No.: PUC 7-2011

Filed with Sec. of State: 9-30-2011

Certified to be Effective: 9-30-11

Notice Publication Date: 8-1-2011

Rules Amended: 860-084-0010, 860-084-0020, 860-084-0030, 860-084-0040, 860-084-0050, 860-084-0070, 860-084-0100, 860-084-0120, 860-084-0130, 860-084-0140, 860-084-0150, 860-084-0180, 860-084-0190, 860-084-0195, 860-084-0200, 860-084-0210, 860-084-0220, 860-084-0230, 860-084-0260, 860-084-0270, 860-084-0340, 860-084-0360, 860-084-0365, 860-084-0400, 860-084-0420, 860-084-0430, 860-084-0440

Subject: In docket UM 1505, Order No. 11-089, the Commission changed the solar photovoltaic pilot program originally adopted in docket UM 1452, Order No. 10-198 by: (1) implementing a lottery-based method to reserve capacity for small- and medium-scale systems using net metering; and (2) equally dividing medium-scale capacity between net metering and competitive bidding options. These rule changes implement those decisions and clarify certain issues, such as the method for estimating the capacity of solar photovoltaic systems for new construction.

Rules Coordinator: Diane Davis—(503) 378-4372

860-084-0010

Definitions for Solar Photovoltaic Capacity Standard and Pilot Programs

(1) “Contracted system” means an eligible system under contract in the solar photovoltaic pilot program associated with a single meter.

(2) “Electric company” has the meaning given that term in ORS 757.600.

(3) “Eligible consumer” means a retail electricity consumer receiving service at the property where the solar photovoltaic system will be installed.

(4) “Eligible energy” or “eligible generation” means the kilowatt-hours that may be paid at the volumetric incentive rate. For the net metering option of the pilot program, eligible energy is equal to the usage of the retail electricity consumer in the year that the energy is generated by the eligible system. In a given month, this eligible energy is equal to the actual usage of the retail electricity consumer for that month. For the bidding option of the pilot program, eligible energy equals actual generation, net of system requirements.

(5) “Eligible participant” or “participant” means an eligible consumer who has signed a contract with the electric company and is participating in the pilot program. A regulated utility is not an eligible participant in pilot programs.

(6) “Eligible system” means a qualifying system that meets the requirements of OAR 860-084-0120.

(7) “Equipment package” means a group of components connecting an electric generator with an electric distribution system and includes all interface equipment including switchgear, inverters, or other interface devices. An equipment package may include an integrated generator or electric production source.

(8) “Excess energy” or “excess generation” means the kilowatt-hours generated in excess of actual annual usage under the net metering option of the volumetric incentive rate pilot program. In a given month, excess energy means kilowatt-hours generated in excess of monthly usage.

(9) “IEEE standards” means the standards published in the 2003 edition of the Institute of Electrical and Electronics Engineers (IEEE) Standard 1547, titled “Interconnecting Distributed Resources with Electric Power Systems,” approved by the IEEE SA Standards Board on June 12, 2003, and in the 2005 edition of the IEEE Standard 1547.1, titled “IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems,” approved by the IEEE SA Standards Board on June 9, 2005.

(10) “Installed System” means an eligible system that is completely built, has passed final electrical inspection by the local authority with jurisdiction, and is pending completion of utility work to connect it to the utility grid.

(11) “Nameplate capacity” means the maximum rated output of a solar photovoltaic system, measured at an irradiance level of 1000 W/ m2, with reference air mass 1.5 solar spectral irradiance distribution and cell or module junction temperature of 25°C.

(12) “On-line” means that the solar photovoltaic system is installed and providing power to the electric company’s electrical system or to serve the load of the retail electricity consumer.

(13) “Payable generation” is the eligible generation for each month plus accrued excess generation, up to the actual monthly usage. Excess generation accrues monthly.

(14) “Pilot capacity limit” means the maximum installed capacity that each electric company may contract during the pilot program.

(15) “Pilot year” means each twelve-month period of the solar photovoltaic pilot program beginning on April 1 and ending on March 31.

(16) “Qualifying assignee” or “assignee” means a person to whom a retail electricity consumer may assign volumetric incentive rate payments under the standard contract. An electric company or its affiliate or any other regulated utility is not a qualifying assignee. Qualifying assignees include, but are not limited to:

(a) A lender providing up-front financing to a retail electricity consumer;

(b) A company or individual who enters into a financial agreement with a retail electricity consumer to own and operate a solar photovoltaic system on behalf of the retail electricity consumer in return for compensation;

(c) A company or individual who contracts with the retail electricity consumer to locate a solar photovoltaic system on property owned by the retail electricity consumer; or

(d) Any party identified by the retail electricity consumer to receive payments that the electric company is obligated to pay to the retail electricity consumer.

(17) “Qualifying third party” or “third party” means a party who is the owner or operator of a solar photovoltaic system installed under the pilot program but who is not the retail electricity consumer at that location. An electric company is not a qualifying third party under the pilot programs.

(18) “Reservation start date” means the date the retail electricity consumer is notified of securing capacity through a capacity reservation process and of the start and expiration dates for that capacity reservation. The reservation start date initiates the time to interconnection agreement.

(19) “Retail electricity consumer” means a consumer who is a direct customer of the electric company and is the end user of electricity for specific purposes, such as heating, lighting, or operating equipment. Retail electricity consumers include direct access consumers.

(20) “System requirements” means the input electricity required to operate the solar photovoltaic system, sometimes referred to as the parasitic load.

(21) “Time to interconnection agreement” means the time between the reservation start date and the date an eligible participant signs an interconnection agreement.

(22) “Volumetric incentive payments” or “payments” mean the monthly amount that an electric company pays to an eligible participant or assignee in the solar photovoltaic pilot program for payable energy generated by a contracted system.

(23) “Volumetric incentive rate” means the rate per kilowatt-hour paid by an electric company to a retail electricity consumer or assignee for payable generation.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0020

Solar Photovoltaic Capacity Standard

By January 1, 2020, each electric company must own or contract to purchase the capacity and output of qualifying solar photovoltaic systems to meet and maintain the following minimum solar photovoltaic capacity standards:

(1) Portland General Electric: 10.9 megawatts

(2) Pacific Power: 8.7 megawatts

(3) Idaho Power Company: 0.5 megawatts.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0030

Qualifying Systems under the Solar Photovoltaic Capacity Standard

Individual solar photovoltaic systems used to comply with the solar photovoltaic capacity standards in OAR 860-084-0020 must have a nameplate generating capacity greater than or equal to 500 kilowatts and less than or equal to 5 megawatts.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0040

Measurement of Capacity under the Solar Photovoltaic Capacity Standard

(1) The capacity of solar photovoltaic systems used to satisfy the requirements of OAR 860-084-0020 must be measured on the alternating current side of the system’s inverter.

(2) Each electric company must convert nameplate capacity ratings reported by manufacturers in terms of direct current watts under standard test conditions to an alternating current rating in watts to account for inverter and other system component losses and to account for the effect of normal operating temperature on solar module output. This conversion will be calculated as 85 percent of the manufacturer’s nameplate rating.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0050

Compliance Report

(1) By February 1, 2020, each electric company must file a report with the Commission demonstrating compliance, or explaining in detail any failure to comply, with the solar photovoltaic capacity standards in OAR 860-084-0020.

(2) The report required in section (1) of this rule must include the following information associated with each solar photovoltaic system:

(a) The name of the facility;

(b) The location of the facility;

(c) The in-service date of the facility;

(d) The manufacturer’s nameplate capacity rating;

(e) The electric company’s capacity rating on the alternating current side of the system’s inverter;

(f) The execution date of any associated power purchase agreement; and

(g) The contracted capacity and output delivery period of any associated power purchase agreement.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0070

Renewable Energy Certificates and Compliance with the Renewable Portfolio Standards

(1) Each renewable energy certificate associated with the electricity produced by solar photovoltaic systems used to meet the minimum solar photovoltaic capacity standards in OAR 860-084-0020 may be used to comply with the renewable portfolio standards established under ORS 469A.005 through 469A.120.

(2) Each renewable energy certificate associated with the electricity produced by solar photovoltaic systems may be counted twice to comply with the renewable portfolio standards established under ORS 469A.005 through 469A.120, if the solar photovoltaic systems:

(a) First become operational before January 1, 2016;

(b) Are installed in Oregon; and

(c) Meet the solar photovoltaic capacity standards in OAR 860-084-0020.

(3) Renewable energy certificates used under sections (1) and (2) of this rule must comply with the standards in OAR 860-083-0050.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0100

Solar Photovoltaic Pilot Programs

(1) Each electric company must establish pilot programs to demonstrate the use and effectiveness of volumetric incentive rates and payments for electricity delivered from qualifying solar photovoltaic systems.

(2) Each electric company must offer a net metering option under the pilot program. This option has the following characteristics:

(a) Eligible systems installed on the customer side of the service meter;

(b) Volumetric incentive rates established by Commission order;

(c) Volumetric incentive rate payments for payable generation;

(d) Excess generation donated to the electric company’s low income bill assistance program;

(e) Capacity of eligible systems sized to generate energy up to 90 percent of the actual usage in the 12 most recent billing periods at the premises where the eligible system will be installed;

(f) Capacity of eligible systems with less than 12 billing periods of actual usage for existing premises or new construction sized to generate energy up to 90 percent of the annual usage by a similarly-situated customer or by a utility-provided load estimation document as determined by the utility;

(g) Capacity of eligible systems for irrigation or agriculture customers sized up to 90 percent of average usage during a normal 12-month billing period as determined by the utility; and

(h) The methodologies used to estimate the usage if there is no sufficient actual usage to size the system must be consistent with the methodologies used by the Energy Trust of Oregon, the Oregon Department of Energy, or other methodologies acceptable to the Commission.

(3) Each electric company must offer a volumetric incentive rate bid option under the pilot program. This option has the following characteristics:

(a) Volumetric incentive rate paid to each retail electricity consumer is established by a successful bid for capacity in the volumetric incentive rate pilot program; and

(b) Volumetric incentive rate payments for 100 percent of payable generation net of system requirements.

(4) Retail electricity consumers eligible for each pilot program option will be defined by Commission order.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0120

Systems Eligible for Enrollment in Pilot Programs

(1) Individual solar photovoltaic systems eligible for the Solar Photovoltaic Pilot Programs must have a nameplate generating capacity less than or equal to 500 kilowatts and must be:

(a) In compliance with the siting, design, interconnection, installation, and electric output standards and codes required by the laws of Oregon;

(b) Installed with meters or other devices to monitor and measure the quantity of energy generated;

(c) Permanently installed in the State of Oregon by a retail electricity consumer of the electric company;

(d) Installed in the service territory of the electric company;

(e) First operational and on-line after the launch of the pilot programs;

(f) Financed without expenditures under ORS 757.612 (3)(b)(B) or tax credits under ORS 469.160 or 469.185 through 469.225;

(g) Certified by the residential electric consumer as constructed from new components (modules, inverter, batteries, mounting hardware, etc.); and

(h) Compliant with Commission quality and reliability requirements for solar photovoltaic systems and system installation.

(2) Systems uninstalled before the end of the contract term are not eligible for subsequent volumetric incentive rates, other feed-in tariffs, or pilot programs during the remainder of the original contract term. These systems cannot be reinstalled for the purposes of entering a new contract under any solar photovoltaic pilot program, volumetric incentive or other feed-in tariff program in the service territory of any electric company in the State of Oregon during the original contract term of the system, except that a system may be uninstalled and reinstalled at another location under the same contract under the conditions in OAR 860-084-0280.

(3) Retail electricity consumers submitting applications for a 500 kilowatt project are not eligible to reserve capacity in the solar photovoltaic pilot program if the same project is also competing for a purchased power agreement under the solar capacity standard in OAR 860-084-0020.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0130

Ownership and Installation

(1) An electric company must contract to provide an incentive for solar photovoltaic energy generated from an eligible system owned by a retail electricity consumer who has been granted a capacity reservation in the solar photovoltaic pilot program and has executed all agreements with the electric company.

(2) Eligible systems must be installed on the same property where the retail electricity consumer buys electricity from the electric company.

(a) Eligible systems with capacity reserved under the net metering option must be connected to the customer side of the meter.

(b) Eligible systems with capacity reserved under the competitive bidding option must connect to the distribution feeder that services the customer’s property. The point of common coupling may be located on the load side of the retail customer’s existing electric service subject to utility approval and to the extent authorized by law.

(c) If cost effective, eligible systems may be connected at other distribution feeders on the utility grid subject to utility approval and to the extent authorized by law.

(3) A retail electricity consumer may transfer its existing contract to another retail electricity consumer eligible to contract with the electric company and residing at the same address where the system is installed.

(4) Eligible systems may be owned, operated, or owned and operated by qualifying third parties if the eligible system is:

(a) Owned by a qualifying third party as part of a loan agreement; or

(b) Owned and operated by a qualifying third party on behalf of the retail electricity consumer; or

(c) Operated by a third party on behalf of the retail electricity consumer.

(5) The electric company will own the rights to 100 percent of the renewable energy certificates associated with the energy provided by the contracted systems. The electric company may perfect the renewable energy certificates.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0140

Assignment of Payments

(1) An electric company must allow a retail electricity consumer to assign payments to a single qualifying assignee under standard contracts approved by the Commission and must allow changes to assignment over the contract term.

(2) An electric company may charge a reasonable fee for the assignment of payments for account setup at the time that the standard contract is assigned. An electric company may charge a reasonable fee for changes to assignment of payments over the contract term.

(3) An electric company must make volumetric incentive payments to the qualifying assignee within 45 days of the retail electricity consumer’s prior billing period.

(4) Upon request by the retail electricity consumer, the electric company may make the volumetric incentive payments in one of the following methods:

(a) Full payment for payable generation directly to the retail electricity consumer; the retail electricity consumer is billed the standard monthly bill for electricity purchased under the tariff; or

(b) Full payment for payable generation net of the retail electricity consumer’s standard monthly bill; the retail electricity consumer receives or pays the net amount; or

(c) Full payment for payable generation to the qualified assignee identified on the standard contract; the retail electricity consumer is billed separately for electricity purchased under the tariff.

(5) The retail electricity consumer is responsible for the minimum monthly charge and other non-volumetric charges on the standard monthly bill.

(6) Payments for payable generation will be held by the electric company until the amount accrued per customer generator exceeds $25.00.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0150

Solar Photovoltaic Pilot Capacity Limit

New capacity reservations will not be accepted after March 31, 2015, or after the cumulative capacity of contracted systems in pilot programs reaches 25 megawatts of nameplate capacity, whichever is earlier.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0180

Distributing Electric Company Capacity Limit by Allocation Period

(1) Each electric company must distribute its allocated capacity among the enrollment periods as established by Commission order.

(2) The Commission may consider requests to adjust the allocation percentage for any electric company.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0190

Distributing Capacity by System Size

(1) Three size classes of qualifying systems are established and defined by a range of nameplate capacity. The Commission may modify these capacity ranges.

(a) A small-scale system has a nameplate capacity of less than or equal to 10 kilowatts;

(b) A medium-scale system has a nameplate capacity greater than 10 kilowatts and less than or equal to 100 kilowatts; and

(c) A large-scale system has a nameplate capacity greater than 100 kilowatts and less than or equal to 500 kilowatts.

(2) Small-scale and medium-scale systems must be targeted to attain a goal of 75 percent of the capacity deployed under the solar photovoltaic pilot program.

(3) An electric company must distribute certain percentages of its pilot capacity allocation to small-scale, medium-scale, and large-scale capacity systems as directed by Commission order.

(4) An electric company with less than one megawatt of total allocation must allocate 100 percent of its solar photovoltaic capacity limit to small-scale systems.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 6-2010, f. & cert. ef. 11-19-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0195

Mechanisms for Reserving Capacity

(1) Annual capacity reservations must be made as follows:

(a) For small-scale systems: 100 percent of the allocated capacity will be awarded to the net metering option by lottery or as otherwise directed by Commission order.

(b) For medium-scale systems: The allocated capacity will be divided between the net metering and the competitive bidding options as directed by Commission order.

(c) For large-scale systems: 100 percent of the allocated capacity will be awarded by competitive bidding.

(2) Reservations made by either competitive bidding or lottery must be awarded within each system size independent of the other classes.

(3) The following governs capacity distributed through a lottery:

(a) Electric companies must conduct a lottery-based capacity reservation process on April 1 and October 1 during each of the remaining pilot years unless otherwise directed by Commission order.

(b) Electric companies must collect reservation applications for 24 hours before selecting winning participants unless otherwise directed by Commission order.

(c) Electric companies must notify winning lottery participants no later than three business days after the close of the reservation application window. Deposits are due within three days of this notification. Electric companies then have 15 days to confirm that reservation applications conform to all program rules.

(d) In any enrollment period, if the eligible capacity is not reserved through the lottery, the remaining capacity will be made available on a first-come, first-served basis. Any remaining capacity thereafter will roll over to the next capacity reservation period unless otherwise directed by Commission order.

(4) The following governs capacity distributed through a competitive bidding option:

(a) Electric companies must issue a Request for Proposal for:

(A) Large-scale bid option systems no later than 30 business days prior to April 1 of each pilot year or as otherwise directed by Commission order; and

(B) Medium-scale bid option systems no later than 30 business days prior to October 1 of each pilot year or as otherwise directed by Commission order.

(b) Electric companies must set the bidder response deadline for

(A) large-scale bid option systems no later than April 1 of each pilot year and

(B) for medium-scale bid option systems no later than October 1 of each pilot year or as otherwise directed by Commission order.

(c) Electric companies must award capacity to winning bidders no later than fifteen business days after the bidder response deadline. Selection of winning bids must be based solely on the bidder’s volumetric incentive rate bid.

(d) If capacity remains available after all bids are awarded, then the remaining capacity will roll over to the next appropriate bid-option enrollment window as defined by subsection (4)(a) of this rule.

(e) A medium- and large-scale bid-option reservation begins when the bidder receives notification of a winning bid.

(5) Electric companies must require a capacity reservation deposit of $500 or $20 per kilowatt of the proposed system capacity, whichever is larger.

(6) Capacity reservations are non-transferable from one customer generator to another.

(7) A capacity reservation starts upon notification by the electric company to the successful program participant that capacity has been awarded.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0200

Capacity Reservation, Timing, and Volumetric Incentive Rates

A retail electricity consumer who has made a capacity reservation and who has executed all required agreements with the electric company must be paid the effective volumetric incentive rate at the time of enrollment for 100 percent of payable generation. Capacity reservation applications and standard contracts must provide the volumetric incentive rate in effect on the capacity reservation date.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0210

Capacity Reservation, Timing, and Duration

(1) A capacity reservation expires if a completed interconnection application is not filed within two months of the reservation start date or if the system has not been installed within twelve months of the reservation start date, unless a waiver is granted under OAR 860-084-0000. Any delay resulting from the utility not completing required work to connect the eligible system to the grid will be excluded from this 12-month installation requirement.

(2) Once the capacity reservation expires, the retail electricity consumer must newly apply for a capacity reservation and will not be given preferential treatment.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0220

Capacity Availability

(1) Each electric company must announce the total capacity available for reservation before each enrollment period.

(2) Each electric company must announce when the capacity allocation is fully reserved.

(3) Unreserved capacity in any enrollment period must be added to the available capacity for the respective size systems in the next capacity reservation period.

(3) In January 2013, the remaining pilot capacity may be reallocated. This reallocation may redistribute the remaining pilot program capacity so that 75 percent of the energy generated is from small-scale systems at the time the pilot program reaches 25 megawatts of alternating current.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0230

Application for Capacity Reservation

(1) The electric company must establish, in compliance with Commission order, a capacity application process for both the net metering and competitive bidding options. The electric company must provide the necessary instructions to complete a satisfactory capacity application. Fees collected during the capacity application process must be refunded to the retail electricity consumer if a capacity reservation is not secured.

(2) For the purposes of these rules, an application package must include a capacity reservation application, payment of fees required under OAR 860-084-0280, and an interconnection application that complies with OAR 860-084-0270(4)(a), (c), (d), (f), and (g). Electric companies may not require a retail electricity consumer to provide the information required by OAR 860-084-0270(4)(b) and (4)(e) as part of this initial application package.

(3) The capacity reservation application must certify that the retail electricity consumer has read and understands the standard contract established under the pilot program. Standard contract forms must be provided to retail electricity consumers as part of the application process.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0260

Interconnection Requirements for Solar Photovoltaic Pilot Program

(1) To be qualified for interconnected operation, a qualifying system must be certified as complying with the following standards as applicable:

(a) IEEE standards; and

(b) UL 1741 Inverters, Converters, and Controllers for Use in Independent Power Systems (January 2001).

(2) A system is considered as certified to the standards of section (1) of this rule, and the electric company may not require further design review, testing, or additional equipment, if:

(a) The system is a complete equipment package that has been submitted by a manufacturer to a nationally recognized testing and certification laboratory, and has been tested and listed by the laboratory for continuous interactive operation with an electric distribution system in compliance with the applicable codes and standards listed in section (1) of this rule; or

(b) The system is an equipment package that includes a generator or other electric source and the equipment package has been tested and listed as an integrated package in compliance with the applicable codes and standards listed in section (1) of this rule; or

(c) The certified equipment package comprises only the interface components (switchgear, inverters, or other interface devices), and the interconnection applicant has shown that

(A) The solar photovoltaic system being used is compatible with the equipment package;

(B) Testing and listing of the solar photovoltaic generator being used, as performed by the nationally recognized testing and certification laboratory, is consistent with the testing and listing of the interface component equipment package; and

(C) The testing and listing specified for the package is consistent with the applicable codes and standards listed in section (1) of this rule.

(3) A qualifying system may not interconnect to a transmission line.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0270

Authorization to Interconnect

(1) An eligible system may not be interconnected to an electric company’s distribution system before obtaining authorization from the electric company.

(2) Changes affecting the nameplate capacity or the output capacity of the system authorized in the agreement governing the contract require prior authorization from the electric company.

(4) Interconnection applications must be provided by the electric company and posted on the electric company’s website. The submission of a completed interconnection application initiates interconnection review. The application must include the following:

(a) The name of the applicant and the electric company;

(b) The type and specifications of each component of the qualified solar photovoltaic system;

(c) The level of interconnection review (Level 1, Level 2, or Level 3);

(d) The name of the installer of the qualified solar photovoltaic system;

(e) Equipment certifications;

(f) The anticipated operation date of the solar photovoltaic system; and

(g) Other information the utility deems necessary to comply with the solar photovoltaic pilot program interconnection rules.

(5) Within three business days of receiving the interconnection application, the electric company must provide the applicant a written notice of receipt stating whether the application meets the established criteria.

(a) If the application does not meet established criteria, the written notice must include a list of all of the information needed to complete the application.

(b) If the number of applications in a regular business week exceeds 20, the electric company must inform the customers that the written-notice period is ten business days.

(6) Each electric company must designate an employee or office from which an applicant can obtain application forms and other information necessary to complete the application process; the electric company must post the application form and the necessary information on its website. Upon request, the electric company must provide all relevant forms, documents, and technical requirements for submittal of an application that meets established criteria for an interconnection application under these solar photovoltaic pilot program rules, as well as specific information necessary to contact the electric company representative assigned to review the application.

(7) A person may also request information about the feasibility of interconnecting a qualifying system before filing an application for capacity reservation or interconnection. The information provided by the electric company in response to this request must include relevant existing studies and other materials that may be used to understand the feasibility of interconnecting a solar photovoltaic facility at a particular point on the electric company’s distribution system. The electric company must comply with reasonable requests for access to or copies of this information, except to the extent that providing these materials would violate security requirements, confidentiality obligations to third parties, or federal or state regulations. The electric company may require a person to sign a confidentiality agreement if required to protect confidential or proprietary information. A person requesting information under this section must reimburse the electric company for the reasonable costs of gathering and copying the requested information.

(8) The electric company is not responsible for the cost of determining the rating of equipment on the customer side of the meter.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0340

Installation, Operation, Maintenance, and Testing of Contracted Systems

A contracted system must include and maintain a manual disconnect switch that will disconnect the solar photovoltaic system from the electric company’s system.

(1) The disconnect switch must be a lockable, load-break switch that plainly indicates whether it is in the open or closed position.

(2) The disconnect switch must be readily accessible to the electric company at all times and be located within 10 feet of the electric company meter. The disconnect switch may be located more than 10 feet from the electric company meter if permanent instructions are posted at the meter indicating the precise location of the disconnect switch. The electric company must approve the location of the disconnect switch prior to the installation of the facility.

(3) The retail electricity consumer must install and maintain the required disconnect switch at the retail electricity consumer’s expense.

(4) For customer services of 600 volts or less, an electric company may not require a disconnect switch for an eligible system that is inverter-based with a maximum rating as shown below.

(a) Service type: 240 Volts, Single-phase, 3 Wire — Maximum size 7.2 kilowatts.

(b) Service type: 120/208 Volts, 3-Phase, 4 Wire — Maximum size 10.5 kilowatts.

(c) Service type: 120/240 Volts, 3-Phase 4 Wire — Maximum size 12.5 kilowatts.

(d) Service type: 277/480, 3-Phase, 4 Wire — Maximum size 25.0 kilowatts.

(e) For other service types, the eligible system must not affect the retail electric consumers’ service conductors by more than 30 amperes.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0360

Volumetric Incentive Rates and Payments – Net Metering Option

(1) Each electric company must pay the retail electricity consumer on a monthly basis for payable generation up to the consumer’s actual usage in the month. Any excess generation in the month transfers to the next month’s eligible generation. At the end of a generation year, any remaining excess generation is donated to the low income bill assistance.

(2) The default generation year is April 1to March 31. For irrigation and agriculture customers, the default generation year is November 1 to October 31.

(3) The monthly incentive payment equals the product of the volumetric incentive rate specified in the standard contract minus the retail rate in effect at the time of payment for eligible generation for the month.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0365

Volumetric Incentive Rate Bidding Option

(1) A retail electricity consumer participating under the volumetric incentive rate bidding option of the pilot program receives a payment that equals the product of the payable generation delivered to the electric company and the volumetric incentive rate per kilowatt-hour established through the consumer’s successful bid in the pilot program.

(2) Each company will conduct a volumetric incentive rate bidding process with capacity awarded in the second month of each pilot year, or as otherwise directed by the Commission, through a request for proposal process approved by the Commission.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0400

Data Collection

Except as provided in OAR 860-084-0440, each electric company must collect from the retail electricity consumer participating in the pilot program data on the installed solar photovoltaic system. The collected data elements must include, but are not limited to:

(1) Nameplate Capacity;

(2) Total Installed Cost;

(3) Photovoltaic module cost;

(4) Non-photovoltaic module cost (including inverters, other hardware, labor, overhead, and regulatory compliance costs);

(5) Total financing cost;

(6) Financing terms (including fees paid, loan term, and interest rate secured);

(7) System location, including street address and GPS location;

(8) Technology type (building-integrated versus rack-mounted, crystalline silicon versus thin-film, solar tracking versus rack-mounted, etc.);

(9) Federal tax credit;

(10) In-service date;

(11) Expected annual energy output;

(12) Date of certification of compliance; and

(13) Class of service of retail electricity consumer.

(14) Electric companies must collect data on the time to interconnection agreement and conduct pilot program satisfaction surveys in order to improve capacity reservation and interconnection processes over the pilot program. Data collection and surveys must include:

(a) Interconnection agreements that have not been negotiated between the electricity company and the retail electricity consumer within six months after an application for interconnection has been filed; or

(b) Retail electricity consumers that have reserved capacity under the pilot programs and whose capacity reservations expire before solar photovoltaic energy systems are installed.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0420

Compliance with Pilot Program Requirements

(1) The participant agrees to the confidential release of information from participant surveys and pilot program applications to the organizations listed in section (2) of this rule.

(2) Each electric company must send a list of all reserved and contracted systems that have completed the release of confidential information to the Energy Trust of Oregon, the Oregon Department of Revenue, or the Oregon Department of Energy, upon request by each organization. Data in this list must include the following minimum information:

(a) Installation location of system;

(b) Nameplate capacity of installed system;

(c) Name, business name, and business address of contractor installing system;

(d) Financer of system;

(e) In-service date;

(f) Date of certification of compliance; and

(g) Customer account number.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0430

Data Availability

(1) Each electric company must verify that the data collected pursuant to OAR 860-084-0400 and 860-084-0420 has been recorded in an appropriate electronic database prior to making volumetric incentive rate payments to participating retail electricity consumers.

(2) Upon request, each electric company must provide the data collected under OAR 860-084-0400 and 860-084-0420, in a format established by the Commission. Reports that include this raw data and a summary of this data for the pilot program to date, must be provided to the Oregon Department of Energy, the Energy Trust of Oregon, the Oregon Department of Revenue, and the Commission, bi-annually, on the 15th day in February and August.

(3) Each electric company must provide the Commission or the Oregon Department of Energy location information that will enable one of these state agencies to make graphically visible, on a publically accessible website, the general locations and sizes of reserved and contracted systems of all electric companies within the state of Oregon. This information must not include consumer names or installation addresses or total capacity deployed to date.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

860-084-0440

Pilot Program Overhead

(1) Electric companies must submit for Commission approval evaluations of solar photovoltaic pilot programs including:

(a) Proposals for the design and execution of surveys to measure participant satisfaction with and recommendations for improving the pilot program processes;

(b) Proposals for the design and execution of surveys to understand participant decision processes in choosing between the volumetric incentive rate program and the existing net metering program;

(c) Comments on Commission recommendations for regulatory policy changes that may increase the use of solar photovoltaic systems, make solar photovoltaic systems more affordable, reduce the cost of incentives to utility customers, or promote the development of the solar industry in Oregon; and

(d) Additions to the list of required data to be collected under OAR 860-084-0400.

(2) Each electric company may enter into a contract with the Energy Trust of Oregon to provide the data collection and summary services required by OAR 860-084-0400 through 860-084-0440. An electric company may also contract with the Energy Trust of Oregon to administer pilot programs, including capacity reservation services, survey execution, or program evaluation. The Commission may direct the electric companies to contract with the Energy Trust of Oregon if the Commission finds that the costs to administer individual pilot programs are unreasonable.

Stat Auth: ORS 757.360 - 757.380

Stats. Implemented: ORS 757.360 - 757.380

Hist.: PUC 2-2010, f. & cert. ef. 6-1-10; PUC 7-2011, f. & cert. ef. 9-30-11

Rule Caption: In the Matter of Adopting Temporary Amendments to OAR 860-038-0480.

Adm. Order No.: PUC 8-2011(Temp)

Filed with Sec. of State: 9-30-2011

Certified to be Effective: 9-30-11 thru 3-28-12

Notice Publication Date:

Rules Amended: 860-038-0480

Subject: These amendments change the recipient of public purpose charge monies for conservation in schools from Education Service Districts to school districts as required in amended ORS 757.612 based on 2011 House Bill 2960, also known as the Governor’s “Cool Schools Bill.” The amendments also establish that the Oregon Department of Energy (ODOE) may request reimbursement from the electric companies for costs associated with administering public purpose fund expenditures in schools as described in subsection (3)(e) of ORS 757.612 based on the PUC’s authority to require such reimbursement as described in ORS 757.612(3)(c).

Rules Coordinator: Diane Davis—(503) 378-4372

860-038-0480

Public Purposes

(1) Each electric company that offers direct access to its retail electricity consumers and each electricity service supplier that provides electricity services to direct access consumers in the electric company’s service territory will collect a public purpose charge from its retail electricity consumers until January 1, 2026.

(2) Except as provided in section (6) of this rule, electric companies and electricity service suppliers will bill and collect from each of their retail electricity consumers a public purpose charge equal to 3 percent of the total revenues billed to those consumers for electricity services, distribution, ancillary services, metering and billing, transition charges, and other types of costs that were included in electric rates on July 23, 1999.

(3) The electricity service suppliers will remit monthly to each electric company the public purpose charges they collect from the customers of each electric company.

(4) The electricity service suppliers will remit monthly the public purpose charges collected from direct service industrial consumers they serve to the electric company in whose service territory the direct service industrial site is located.

(5) The electric company whose territory abuts the greatest percentage of the site of an aluminum plant that averages more than 100 average megawatts of electricity use per year will collect monthly from the aluminum company a public purpose charge. The aluminum company will remit to the appropriate electric company a public purpose charge equal to 1 percent of the total revenue from the sale of electricity services to the aluminum plant from any source. Annually, the aluminum company will submit to the electric company an affidavit from a certified public accountant verifying that the costs for electricity services at the site of the aluminum plant and the remittance of the public purpose charges are accurate for the previous calendar year.

(6) A retail electricity consumer, including an aluminum plant as described in section (5) of this rule, may receive credits against its public purpose charges for qualifying expenditures incurred for new energy conservation and the above-market costs of new renewable energy resources at any site if the following qualifications for becoming a self-directing consumer are met:

(a) The consumer has used more than one average megawatt of electricity at any such site in the prior calendar year; and

(b) The consumer has received final certification from the Oregon Department of Energy for expenditures for new energy conservation and/or new renewable energy resources.

(7) Self-directing consumers may not claim a public purpose credit for energy conservation measures that were started prior to July 23, 1999. For energy conservation measures that were started on or after July 23, 1999, but prior to the implementation of direct access, a self-directing consumer may claim a public purpose credit if either of the following conditions is met:

(a) The energy conservation measure did not receive funding from an electric company conservation program and was certified by the Oregon Department of Energy after July 23, 1999; or

(b) The energy conservation measure did receive funding from an electric company conservation program and was certified by the Oregon Department of Energy after July 23, 1999, but the self-directing consumer repaid the amount of such funding (cost of audit and incentives plus interest) no later than 90 days following the implementation of direct access; provided that, a self-directing consumer shall not be required to repay the amount of any energy conservation audit related to a conservation measure if the audit was completed prior to January 1, 2000. The cost of an audit that identifies multiple energy conservation measures shall be prorated among such measures.

(c) For purposes of this subsection, “started” means that a contract has been executed to install or implement an energy conservation measure.

(8) The Oregon Department of Energy will establish specific rules and procedures that are consistent with these rules for qualifying a self-directing consumer’s expenditures.

(9) The electric company will apply the self-direction credit, determined by the Oregon Department of Energy, toward the consumer’s public purpose obligation.

(10) Each electric company will establish five separate accounts for the public purpose charges to be funded from its collections of public purpose charges as follows:

(a) Energy conservation in schools;

(b) New cost-effective local energy conservation and new market transformation;

(c) Above-market costs of new renewable energy resources;

(d) New low-income weatherization; and

(e) Construction and rehabilitation of low-income housing.

(11) Each electric company will allocate the public purpose funds it collects (billed less uncollectible amounts) from electricity service suppliers and consumers to the five public purpose accounts as follows:

(a) Energy conservation in schools — 10.0 percent;

(b) Local and market transformation conservation — 56.7 percent;

(c) Above market costs of new renewable energy resources — 17.1 percent;

(d) Low-income weatherization — 11.7 percent; and

(e) Low-income housing — 4.5 percent.

(12) Each electric company will adjust the local and market transformation conservation and above market costs of new renewable energy resources accounts specified in subsections 11(b) and (c) of this rule for the credits returned to self-directing customers for conservation or renewable resource expenditures certified by the Oregon Department of Energy.

(13) Each electric company will distribute funds from the public purpose accounts at least monthly as follows:

(a) The funds for conservation in schools to the school districts located in its service territory;

(b) The funds for local and market transformation conservation as directed by the Commission;

(c) The funds for renewable energy resources as directed by the Commission;

(d) The funds for low-income weatherization to the Housing and Community Services Department; and

(e) The funds for low-income housing to the Housing and Community Services Department Revolving Account.

(14) The Oregon Department of Energy may request reimbursement from electric companies for its costs of administering public purpose funds as described in subsection (3)(e) of ORS 757.612. The Oregon Department of Energy’s reimbursement request must be consistent with its legislatively approved budget limitation allotted to administer the schools program. The electric companies must provide the requested reimbursement within 30 days of the Oregon Department of Energy’s request.

(15) Each electric company will coordinate with the Oregon Department of Energy to determine, by January 1 of each year, the allocation of public purpose funds for schools to the school districts according to the following methodology:

(a) From the Department of Education, collect current total weighted average daily membership (ADMw) as defined in ORS 327.013 and average daily membership (ADM) for each school district that contains schools served by the electric company;

(b) For each of the school districts, compute the ratio of ADM in schools served by the electric company to total ADM;

(c) For each school district, multiply its total ADMw by the ratio of ADM in schools served by the electric company to total ADM. The result is an estimate of ADMw in schools served by the electric company;

(d) Add the estimates of ADMw for each school district; and

(e) Compute the percentage of the total ADMw represented by each school district. These are the percentages that will be used to allocate the public purpose funds for schools to school districts for the 12-month period beginning on January 1 of each year.

(16) The electric company may be reimbursed for the reasonable administrative costs it incurs to collect and distribute the public purpose funds. Those administrative costs will be deducted from the total amount of public purpose funds collected by the electric company before the funds are allocated to the five public purpose accounts. The electric company will also pay from the total public purpose funds collected or from a specific fund any other administrative costs the Commission directs to be paid for implementation of the public purpose requirements. The entities responsible for administering the public purpose funds will pay for their costs of implementing the public purpose requirements from the public purpose funds they receive from the electric company.

(17) The electric companies and the administrators of the public purpose funds will collect sufficient information so that biennial reports can be made to the Legislature on what has been accomplished with the public purpose funds and how those funds have benefited the consumers of each electric company. Specifically, information must be collected so that the reporting requirements of ORS 757.617 can be fulfilled.

(a) Each electric company must report the total funds collected by source (that is, electric company customers, electricity service suppliers and self-directing consumers) for public purposes, the amounts distributed to the administrators of each public purpose fund, and its administrative costs;

(b) Each administrator of public purpose funds must report, at a minimum:

(A) The amount of funds received;

(B) The amount of funds spent;

(C) Its administrative costs; and

(D) Its results, for example, measures installed, projects funded, energy saved, homes weatherized, and low-income homes built/rehabilitated.

Stat. Authority: ORS 183, 756 & 757

Stats. Implemented: ORS 756.040 & 757.600 - 757.667

Hist.: PUC 1-2001, f. & cert. ef. 1-5-01; PUC 2-2001, f. & cert. ef. 1-5-01; PUC 11-2002, f. & cert. ef. 3-8-02; PUC 13-2004, f. & cert. ef. 8-31-04; PUC 7-2007, f. & cert. ef. 5-15-07; PUC 13-2007, f. & cert. ef. 12-31-07; PUC 3-2011, f. & cert. ef. 6-17-11; PUC 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12

Rule Caption: In the Matter of Revisions to the Residential Service Protection Fund Program.

Adm. Order No.: PUC 9-2011

Filed with Sec. of State: 10-4-2011

Certified to be Effective: 10-4-11

Notice Publication Date: 8-1-2011

Rules Amended: 860-033-0005, 860-033-0006, 860-033-0007, 860-033-0008, 860-033-0009, 860-033-0030, 860-033-0045, 860-033-0505, 860-033-0506, 860-033-0530, 860-033-0537, 860-033-0545

Rules Repealed: 860-033-0510

Subject: These rule changes result from legislation enacted by the 2011 Legislative Assembly (Senate Bills 143 and 144) and from business process changes within the Residential Service Protection Fund (RSPF) program. The proposed rule changes incorporate provisions to allow for online remittance of surcharges and surcharge filing forms by telecommunications providers; allow for online filing of OTAP reimbursement forms by eligible telecommunications providers; address potential problems of RSPF overcompensation or refunds that have a material impact on the RSPF; comport with changes to laws as modified by SB 143 and SB 144; align with other Commission rules regarding collection procedures; and make housekeeping, organizational, and clarifying improvements.

Rules Coordinator: Diane Davis—(503) 378-4372

860-033-0005

Definitions

For the purpose of this division:

(1) “Basic Service” means “basic telephone service” as defined in OAR 860-032-0190. For qualifying low-income recipients, basic service also includes access to toll-limitation services.

(2) “Competitive Provider” means a competitive telecommunications provider as defined in ORS 759.005(2)(a) that provides services authorized under ORS 759.020.

(3) “Cooperative” means a cooperative corporation or association that provides local exchange telecommunications service within its own exchanges, is organized under ORS Chapter 62, and is certified under ORS 759.025(2).

(4) “Eligible Telecommunications Carrier” means a provider of telecommunications service, including a cellular, wireless, or other common carrier, that is certified by order of the Commission as eligible to receive federal universal service support throughout a designated service area by having met the eligibility criteria set forth in 47 C.F.R. § 54.201 (2008) and in Commission Order 06-292.

(5) “Eligible Telecommunications Provider” means a provider of telecommunications service, including a cellular, wireless, or other common carrier, that is certified by order of the Commission as eligible to provide OTAP to its qualifying customers throughout a designated service area by having met the following eligibility criteria:

(a) Offers services under 47 C.F.R. § 54.101 (2008) using either its own facilities or a combination of its own facilities and resale of another carrier’s services (including the services offered by another Eligible Telecommunications Carrier throughout the service area). Under 47 C.F.R. § 54.201(f) (2008), the requirement of using its “own facilities” includes, but is not limited to, purchasing unbundled network elements from another carrier;

(b) Advertises the availability of and the charges for such services using media of general distribution; and

(c) Demonstrates that it will comply with OAR 860-033-0005 through 860-033-0100.

(6) “Local Exchange Service” means a “local exchange telecommunications service” as defined in ORS 759.005(3).

(7) “Oregon Telephone Assistance Program” or “OTAP” means a program established by the Commission that offers reduced local exchange rates to eligible low-income residential customers.

(8) “Oregon Telecommunications Relay Service” or “OTRS” means a facility authorized by the Commission to provide telecommunications relay service.

(9) “Outstanding Accounts” means amounts owing to the Commission including current accounts receivable and accounts that the Commission has written off through appropriate legal procedures. The term does not include amounts owing to the Commission that have been lawfully discharged through bankruptcy proceedings or amounts that are the subject of a proceeding pending before the Commission.

(10) “Remittance Report” means the reporting form identified by that title that is available on the Commission’s website at http://www.puc.state.or.us/PUC/telecom/rspf/index.shtml.

(11) “Residential Service Protection Fund” or “RSPF” means a legislatively approved fund in the Oregon State Treasury that supports the Oregon Telephone Assistance Program, the Telecommunication Devices Access Program and the Oregon Telecommunications Relay Service.

(12) “RSPF Surcharge” means a specified amount up to 35 cents per month collected from each paying retail subscriber who has telecommunications service with access to the telecommunications relay service, except as provided in OAR 850-033-0006(2).

(13) “RSPF Surcharge Exception Form” means the reporting form identified by that title that is available on the Commissions website at http://www.puc.state.or.us/PUC/telecom/rspf/index.shtml.

(14) “Telecommunication Devices Access Program” or “TDAP” means a program established by the Commission that provides Assistive Telecommunication Devices or Adaptive Equipment at no additional cost beyond telephone service for customers who are deaf, hard of hearing, speech-impaired, deaf-blind or have a disability.

(15) “Telecommunications provider” includes competitive providers, cooperatives and telecommunications utilities.

(16) “Telecommunications service” means the offering of telecommunications as defined in 47 C.F.R. 54.5 (10-1-08 Edition) for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(17) “Telecommunications utility” means a person who is not a competitive provider and is designated as a telecommunications utility under OAR 860-032-0010.

(18) “Toll Limitation Service” means a service provided by an Eligible Telecommunications Provider that allows an OTAP recipient to choose to block the completion of outgoing toll calls (toll blocking) or to specify a certain toll usage that may be incurred per month or per billing cycle (toll control).

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415); PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 7-1995(Temp), f. & cert. ef. 8-17-95 (Order No. 95-860); PUC 14-1995, f. & cert. ef. 12-20-95 (Order No. 95-1328); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 18-2000, f. & cert. ef. 10-24-00; PUC 4-2001, f. & cert. ef. 1-24-01; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0006

Monthly RSPF Surcharge: General Provisions, Remittance Reports and Payment

(1) The surcharge rate and the balance in the RSPF are reviewed annually by the Commission each October. The Commission may adjust the amount of the surcharge to ensure the fund has adequate resources but does not exceed six months of projected expenses. A rate adjustment ordered by the Commission following the annual review becomes effective January 1 of the year following the review.

(2) The surcharge imposed by 1987 Oregon Laws Chapter 290, Section (7)(1) does not apply to entities upon which the state is prohibited from imposing the surcharge by the Constitution or laws of the United States or the Constitution or laws of the State of Oregon including, but not limited to:

(a) Counties and political subdivisions.

(b) Federal, state and municipal government bodies or public corporations. For purposes of this rule, “public corporation” means a corporation formed by a state or local government authority for the public’s benefit or for a public purpose.

(c) Federally chartered corporations specifically exempt from state excise taxes by federal law.

(d) Federally recognized Native-American Tribes, and tribal members who live within federally recognized Indian country and are enrolled members of the tribe with sovereignty over that Indian country.

(e) Foreign government offices and representatives that are exempt from state taxation by treaty provisions.

(f) Regional housing authorities exempt from all state taxes and assessments by ORS 307.092.

(g) Interconnection between telecommunications utilities, telecommunications cooperatives, competitive telecommunications services providers certified under ORS 759.020, radio common carriers and interexchange carriers.

(h) Any other agency, organization or person claiming an exemption is required to identify the authority for its claim to a provider. If a telecommunications provider is unable to determine the status of a subscriber the Commission will determine whether the subscriber is exempt.

(3) Collection of RSPF Surcharge.

(a) Each telecommunications provider must collect the RSPF surcharge by charging the specified amount to each retail subscriber with access to the telecommunications relay service, including OTAP eligible subscribers. The RSPF surcharge is applied on a telecommunications circuit designated for a particular subscriber.

(A) One subscriber line is counted for each circuit that is capable of generating usage on the line side of the switched network regardless of the quantity of customer premises equipment connected to each circuit.

(B) For providers of central office based services, the surcharge is applied to each line that has unrestricted connection to the telecommunications relay service. For central office based service lines that have restricted access to the Oregon Telecommunications Relay Service (OTRS), the surcharge is charged based on software design.

(b) Each cellular, wireless, or other radio common carrier must collect the RSPF surcharge by charging the specified amount to each retail subscriber with access to the telecommunications relay service, including OTAP eligible subscribers. The surcharge is applied on a per-instrument basis.

(c) Each telecommunications provider and each cellular, wireless, or other radio common carrier must identify the surcharge on each retail customer’s bill as a separate line item named “RSPF Surcharge.”

(4) A telecommunications provider or a cellular, wireless, or other radio common carrier may remit surcharges due to the Commission by electronic transfer, mail or in person.

(5) The Remittance Report and surcharges are due to the Commission on or before the 21st calendar day after the close of each month and must be received in the Commission’s offices no later than 5 p.m. Pacific Standard Time on the due date. A surcharge remittance or Remittance Report postmarked on the due date does not meet the requirements of this section and will not be considered as timely submitted.

(6) Each telecommunications provider and each cellular, wireless, or other radio common carrier must submit the Remittance Report and surcharge with no exceptions. If no surcharge is collected, the telecommunications provider or the cellular, wireless, or other radio common carrier must still submit its monthly Remittance Report specified in section (5) of this rule.

(7) For each billing period that a telecommunications provider or a cellular, wireless, or other radio common carrier fails to submit the surcharge fees in full on or before the due date required by these rules, the telecommunications provider or the cellular, wireless, or other radio common carrier must pay a late payment fee in accordance with OAR 860-001-0050.

(8) If the telecommunications provider or the cellular, wireless, or other radio common carrier fails to remit the surcharge in full on or before the due date, the telecommunications provider or the cellular, wireless, or other radio common carrier must pay interest in accordance with OAR 860-001-0050.

(9) If a telecommunications provider or a cellular, wireless, or other radio common carrier fails to file a Remittance Report as required by these rules, the telecommunications provider or the cellular, wireless, or other radio common carrier must pay a late report fee in accordance with OAR 860-001-0050.

(10) If the amount shown due on a Remittance Report is not paid by the due date, the Commission may issue a proposed assessment to set the sum due. The Commission may waive the late report fee, the late payment fees and the interest on the unpaid surcharge fees, or any combination thereof, if the telecommunications provider or the cellular, wireless, or other radio common carrier files a written waiver request and provides evidence showing that the telecommunications provider or the cellular, wireless, or other radio common carrier submitted the Remittance Report and surcharge fees late due to circumstances beyond its control.

(11) The telecommunications provider or the cellular, wireless, or other radio common carrier must pay a fee in accordance with OAR 860 001-0050 for each payment returned for non-sufficient funds.

(12) The telecommunications provider or the cellular, wireless, or other radio common carrier is responsible for and must pay all costs incurred by the Commission to collect a past-due RSPF surcharge from the telecommunications provider or the cellular, wireless, or other radio common carrier.

(13) Remittance Report Records: A telecommunications provider and a cellular, wireless, or other radio common carrier must keep all records supporting each Remittance Report for three years, or if a Commission review or audit is pending, until the review or audit is complete, whichever is later.

(14) In addition to any other penalty, obligation, or remedy provided by law, the Commission may suspend or cancel the telecommunications provider’s certificate of authority to provide telecommunications service in Oregon for its failure to file its Remittance Report or its failure to remit the surcharge in full.

(15) Except as otherwise provided by law, if after an audit or review the Commission determines that the telecommunications provider or the cellular, wireless, or other radio common carrier has remitted an excessive amount, the Commission will provide the telecommunications provider or the cellular, wireless, or other radio common carrier a credit in that amount against sums subsequently due from that telecommunications provider or that cellular, wireless, or other radio common carrier.

(16) A telecommunications provider or a cellular, wireless, or other radio common carrier must submit any revisions to a previously-filed Remittance Report no later than three years from its due date. If the Commission concludes that a telecommunications provider or cellular, wireless, or other common carrier remitted an excessive amount and that refunding the excess would have a material and adverse financial impact on the RSPF, the Commission may enter into an agreement with the telecommunications provider or the cellular, wireless, or other radio common carrier to spread payments of the refunds over a period not to exceed three years.

(17) The RSPF Surcharge Exception Form is due annually by March 15. A telecommunications provider or a cellular, wireless, or other radio common carrier must submit the completed form (in person, electronically, or by mail) so that it is received in the Commission’s offices no later than 5 p.m. Pacific Standard Time on March 15.

(18) In computing any period of time prescribed or allowed by these rules, the first day of the act or event is not included. The last day of the period is included, unless the last day is a Saturday or legal holiday; then the period runs until the end of the next day that is not a Saturday or a legal holiday. Legal holidays are those identified in ORS 187.010 and 187.020.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 18-2004, f. & cert. ef. 12-30-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 1-2010, f. & cert. ef. 5-18-10; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0007

Estimated Report

(1) For any period for which a telecommunications provider, or a cellular, wireless, or other radio common carrier fails to file a Remittance Report as required by these rules, the Commission may determine a proposed surcharge assessment based upon any information available to the Commission.

(2) The proposed assessment must:

(a) Include a late payment fee equal to 9 percent of the proposed assessment amount, up to a maximum of $500 for that reporting period;

(b) Include interest on the proposed assessment amount at the rate of 9 percent per annum from the day the surcharge fee was originally due;

(c) Include a late report fee per 860-001-0050(3)(e); and

(d) Be made no later than 3 years after the Remittance Report’s due date.

(3) Notwithstanding subsection (2)(c) of this rule, if the telecommunications provider did not hold a certificate of authority, if one was required by law, the Commission has an unlimited time to propose an assessment for the period represented by the non-filed Remittance Report. The proposed assessment must include all late payment fees as specified in this rule.

(4) During the 30-day period allowed for filing a petition for a hearing, the telecommunications provider, or the cellular, wireless, or other radio common carrier may file its Remittance Report and pay the surcharge, late report fee, late payment fee, and interest. The Commission will accept the Remittance Report, surcharge payment, late report fee, late payment fee and interest if correctly calculated in accordance with the original due date for the subject period’s Remittance Report and payment.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 1-2010, f. & cert. ef. 5-18-10; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0008

Commission Audit and Proposed Assessment

(1) For any period for which a telecommunications provider’s or a cellular, wireless, or other radio common carrier’s Remittance Report was due, the Commission may audit the telecommunications provider or the cellular, wireless, or other radio common carrier as the Commission deems necessary and appropriate.

(2) The Commission’s audit must begin no later than three years after the Remittance Report’s due date. After completion of the audit, the Commission may propose to assess an additional surcharge amount due from the telecommunications provider or the cellular, wireless, or other radio common carrier.

(3) If a telecommunications provider or a cellular, wireless, or other radio common carrier failed to file a Remittance Report within the time specified in these rules, the Commission will add to the proposed assessment a late report fee per 860-001-0050(3)(e) and a late payment fee equal to 9 percent per annum of the amount of the proposed assessment, up to a maximum of $500.

(4) Each proposed assessment bears interest on the additional surcharge amount proposed at the rate of 9 percent per annum from the day the original surcharge amount was due.

(5) Notwithstanding section (2) of this rule, if the telecommunications provider did not hold a certificate of authority, if one was required by law, the Commission has an unlimited time to audit the telecommunications provider for the surcharge fees.

(6) A telecommunications provider or a cellular, wireless, or other radio common carrier must produce for inspection or audit upon request of the Commission or its authorized representative all records supporting its Remittance Reports. The Commission, or its representative, will allow the telecommunications provider or the cellular, wireless, or other radio common carrier a reasonable time to produce the records for inspection or audit.

(7) In addition to any other penalty allowed by law, the Commission may suspend or cancel a telecommunications provider’s certificate of authority to provide telecommunications service for its failure to produce for inspection or audit the records required by this rule.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 1-2010, f. & cert. ef. 5-18-10; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0009

Notice of Proposed Assessment and Hearing

(1) The Commission will provide a notice of proposed assessment upon the telecommunications provider or cellular, wireless, or other radio common carrier, as well as a proposal to revoke or suspend the telecommunications provider’s certificate of authority, if applicable.

(2) Within 30 days after the service of the notice of proposed assessment, the telecommunications provider or the cellular, wireless, or other radio common carrier may petition the Commission in writing for a hearing. The telecommunications provider or the cellular, wireless, or other radio common carrier must specify in its petition all of the reasons it disputes the notice of proposed assessment.

(a) If a petition is not filed within the 30-day period, the Commission may enter an order assessing charges based upon information in the Commission’s files.

(b) If a petition is filed within the 30-day period, the Commission will grant the telecommunications provider or the cellular, wireless, or other radio common carrier a hearing and give the telecommunications provider or the cellular, wireless, or other radio common carrier at least 10 days’ notice of the time and place of a hearing.

(3) The hearing on the telecommunications provider’s or the cellular, wireless, or other radio common carrier’s petition is conducted under the Commission’s rules governing hearings and proceedings.

(4) An assessment made by the Commission under these rules is due and payable on the 10th day after the service date of the Commission’s order assessing the charges.

(5) If the Commission has not received payment of the surcharge and penalties assessment within the specified time, the Commission may suspend or cancel a telecommunications provider’s certificate of authority to provide telecommunications service for its failure to pay the assessment required by this rule.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0030

OTAP Eligibility

(1) Eligibility for OTAP is demonstrated by application to the Commission by an individual currently meeting the criteria for a “low income customer” set forth in 1987 Oregon Laws Chapter 290, Section (6) paragraph (5)(b).

(2) An applicant or recipient may be required to furnish his or her social security number before OTAP eligibility can be determined or verified. Failure to do so may result in denial of benefits.

(3) An applicant must sign a written authorization (OTAP application) permitting the Commission to release necessary information to an Eligible Telecommunications Provider and, as necessary, to the following: Department of Human Services, and the applicant’s personal representative or legal guardian.

(4) The Commission must be able to verify an individual’s continuing participation in a qualifying program. Continuing OTAP eligibility is based on monthly or quarterly recertification by the Commission.

(5) The OTAP benefit is limited to one single line, or single line equivalent, at the applicant’s or recipient’s principal residence. Generally, only one OTAP benefit is allowed per residential address, but the Commission may make exceptions for certain facilities including but not limited to rooming houses and other independent living facilities.

(6) The name of the applicant or recipient must appear on the billing statement for the telecommunications service in order for that recipient to qualify for OTAP benefits. The Commission may waive this requirement if it determines that good cause exists.

(7) A qualifying applicant who did not receive benefits from an Eligible Telecommunications Provider after submitting an application to the Commission may receive up to a maximum of three months of OTAP benefits credited to the applicant’s account. The qualifying applicant may be required to submit written proof of application date to the Commission in order to receive the OTAP benefits credited to the applicant’s account.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415); PUC 5-1992, f. & ef. 2-14-92 (Order No. 92-238); PUC 11-1995, f. & ef. 11-27-95 (Order No. 95-1217); PUC 6-1997, f. & ef. 1-10-97 (Order No. 97-005); PUC 6-1997, f. & cert. ef. 1-10-97; PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0045

OTAP Compensable Expenses

(1) Each Eligible Telecommunications Provider may be compensated from the RSPF for enrolling new OTAP customers and for benefit costs incurred as a consequence of participating in OTAP.

(a) The Eligible Telecommunications Provider may be compensated for each customer enrolled for the OTAP benefit at the Commission’s request.

(b) Benefit costs include the revenue the Eligible Telecommunications Provider foregoes by providing local service to qualified low-income customers at the OTAP reduced rate or discount.

(2) To receive compensation, an Eligible Telecommunications Provider must submit a monthly reimbursement form no later than 21 calendar days after the end of the billing period. The Eligible Telecommunications Provider’s reimbursement form must indicate the number of qualified customers who were enrolled during the billing period, the number of customers who received the OTAP benefit during the billing period, and the amount of revenue foregone during that same period.

(3) If the Commission overcompensates an Eligible Telecommunications Provider, the Eligible Telecommunications Provider must immediately return the excess RSPF funds once it notifies the Commission or is notified by the Commission of the overcompensation.

(a) If the Commission overcompensates the Eligible Telecommunications Provider as a result of Commission error and the Eligible Telecommunications Provider upon notification of the overcompensation immediately returns the excess RSPF funds, the Eligible Telecommunications Provider is not required to pay interest on the excess RSPF funds.

(b) If the Commission overcompensates the Eligible Telecommunications Provider as a result of Commission error and upon notification the Eligible Telecommunications Provider does not immediately return the excess RSPF funds, the Eligible Telecommunications Provider must pay interest on the excess RSPF funds at the rate set forth in OAR 860-001-0050.

(c) If the Commission overcompensates the Eligible Telecommunications Provider as a result of actions by the Eligible Telecommunications Provider, including, but not limited to, the filing of an incorrect reimbursement form, then upon notification the Eligible Telecommunications Provider must immediately return the excess RSPF funds and pay interest on the excess RSPF funds at the rate set forth in OAR 860-001-0050.

(4) Notice of Proposed Assessment:

(a) If the Eligible Telecommunications Provider is overcompensated and does not timely return the excess RSPF funds as described in section (3) of this rule, the Commission may issue a written proposed assessment for the amount due.

(b) Within 30 days of the service date of the notice of proposed assessment, the Eligible Telecommunications Provider may pay the proposed assessment in full or may file a written petition for a hearing. The written petition for a hearing must clearly specify all the reasons the Eligible Telecommunications Provider disputes the assessment.

(A) If the Eligible Telecommunications Provider pays the proposed assessment in full within 30 days of the service date of the notice of proposed assessment, the Commission will accept the payment and discontinue any further collection activities for that assessment.

(B) If the Eligible Telecommunications Provider timely files a written petition for a hearing under section (b) of this rule, the Commission will grant the Eligible Telecommunications Provider a hearing and provide at least 10 days notice of the time and place of the hearing. The Commission will conduct the hearing under its rules governing hearings and proceedings.

(5) Commission Order: The Commission will enter an order if the Eligible Telecommunications Provider does not respond to the notice of proposed assessment within 30 days of the service date of the notice of proposed assessment or after considering the testimony presented at hearing. Any charges assessed by the Commission in its order become due and payable on the tenth day after the service date of the Commission’s order.

(6) If the Eligible Telecommunications Provider does not respond to the Commission order, then the account may be referred to the Department of Revenue or to a collection agency for collection. The Eligible Telecommunications Provider is responsible for and must pay all costs incurred by the Commission to collect a past-due assessed amount from the Eligible Telecommunications Provider.

(7) An Eligible Telecommunications Provider must submit any revisions to a previously filed reimbursement form no later than three years from its due date. If the Commission concludes that refund is due to an Eligible Telecommunications Provider and that the refund would have a material adverse financial impact on the RSPF, the Commission may enter into an agreement with the Eligible Telecommunications Provider to spread payment of the refund over a period of time not to exceed three years.

(8) The Commission may determine the compensation amount based on the costs an Eligible Telecommunications Provider would reasonably incur to accomplish each task referred to in section (1) of this rule. The Commission disburses funds from the RSPF to the Eligible Telecommunications Provider within 45 calendar days after the Commission receives a properly completed reimbursement form.

(9) Each Eligible Telecommunications Provider providing low-income telephone assistance under an approved alternative plan may be compensated for benefit and enrollment costs. However, compensation from the RSPF may not be greater than the compensation the provider would have received had it participated in OTAP.

(10) Governmental agencies contracting with the Commission to certify the eligibility requirements of individuals or to perform other administrative functions authorized by these rules are compensated based on the terms of the contract.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0505

TDAP Definitions

(1) “Adaptive Equipment” means equipment that permits a person with a disability, other than a hearing or speech impairment, to communicate effectively on the telephone.

(2) “Assistive Telecommunication Device” means a device that uses a keyboard, acoustic coupler, display screen, Braille display, speakerphone, or amplifier to enable a person who is deaf, deaf-blind, hard of hearing, speech or vision impaired or who has a disability to communicate effectively on the telephone.

(3) “Authorized Distributor” means a facility authorized by the Commission to distribute Assistive Telecommunication Devices and Adaptive Equipment.

(4) “Authorized Maintenance Center” means a facility authorized by the Commission to repair any reasonably damaged Assistive Telecommunication Device or Adaptive Equipment.

(5) “Disability” means a physical condition other than hearing or speech impairment that requires the use of adaptive equipment to communicate effectively on the telephone.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0506

Telecommunication Devices Access Program Advisory Committee (TDAPAC)

The TDAPAC consists of 12 Oregon residents appointed by the Commission as prescribed by Oregon Laws 1987, Chapter 290, Section 12. The TDAPAC must meet regularly with the Commission Staff to give advice concerning matters of general development, implementation, and administration of TDAP. TDAPAC meetings are public, and minutes must be provided to the public upon request. A copy of the TDAPAC bylaws is available upon request.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0530

TDAP Eligibility

(1) A person may apply to receive an Assistive Telecommunication Device or Adaptive Equipment from the TDAP. The application must be submitted using the form provided by TDAP. The TDAP application form is available online at http://www.puc.state.or.us/PUC/rspf/tdapapp.pdf, from the Commission and from certain community resources.

(2) A TDAP applicant must provide the TDAP with:

(a) Evidence of regular access to a specific telephone number in Oregon;

(b) Evidence of current residency in Oregon; and

(c) A properly completed application including a statement that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired, or has a disability that requires adaptive equipment or an assistive telecommunication device to communicate effectively on the telephone. This statement must be signed by:

(A) A licensed physician who may certify that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired or has a disability;

(B) An audiologist or a hearing aid specialist who may certify only that the applicant is deaf or hard of hearing;

(C) A speech pathologist who may certify only that the applicant is speech impaired;

(D) A vocational rehabilitation counselor from the Oregon Office of Vocational Rehabilitation Services who may certify that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired or has a disability;

(E) A nurse practitioner who may certify that the applicant is deaf, deaf-blind, hard of hearing, speech or vision impaired, or has a disability;

(F) A rehabilitation instructor from the Oregon Commission for the Blind who may certify only that the applicant has a vision impairment; or

(G) A person certified by the Commission as qualified to determine whether a person meets the eligibility requirements of TDAP.

(d) For a person under 18 years of age, or an adult who is determined to require a legal guardian, a parent or a guardian must apply on that person’s behalf and assume full responsibility for the Assistive Telecommunication Device or Adaptive Equipment and services. An emancipated minor is considered an adult. If the application is signed by a person asserting power of attorney for the applicant or by a legal guardian, the person signing the application may be required to provide the Commission with evidence of the power of attorney or legal guardianship.

(3) The TDAP may only approve applications for persons certified as deaf, deaf-blind, hard of hearing, speech or vision impaired or who have a disability and cannot use a telephone for expressive or receptive communication.

(4) The TDAP may provide one Assistive Telecommunication Device or one Adaptive Equipment unit per eligible person. The one device or unit provided may also include an accessory device such as a loud ringer or signal device, as applicable. More than one Assistive Telecommunication Device or Adaptive Equipment unit may be provided to a household if more than one eligible person permanently resides in the household.

(5) If the Commission purchases new devices that may benefit a TDAP recipient more than the equipment currently provided by TDAP to the recipient, the TDAP may allow the recipient to use both the current and new device for a 60-day trial period. The recipient must return the less beneficial equipment to the TDAP within five business days after the end of the trial period. If the recipient fails to return the equipment, the recipient is responsible for paying the TDAP for the cost of the more expensive equipment.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036, & Ch. 290, OL 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 18-1989, f. & cert. ef. 12-14-89 (Order No. 89-1602); PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0537

Holding Recipients Financially Responsible for Damaged, Lost, or Otherwise Not Returned Assistive Telecommunication Devices or Adaptive Equipment

(1) Invoices:

(a) The Commission will mail an invoice indicating the amount of and the reason for such invoice to the responsible recipient at the last known address. The recipient has 30 calendar days from the service date of the invoice to respond.

(b) The invoiced recipient may submit a written response to the Commission in an attempt to resolve the invoice. At the Commission’s discretion, further investigation may be initiated. If the investigation finds that the invoice was issued in error (for example, there is no verifiable reason for the invoice having been sent), the invoice may be canceled.

(c) If the Commission does not receive payment, the Commission may begin the collection activities.

(d) Incorrect address: When an invoice or notice of proposed assessment is returned with an incorrect address and the invoiced recipient has not notified the Commission of an address change as required by the Conditions of Acceptance and Agreement for TDAP Equipment, the amount billed to the recipient becomes a liquidated debt.

(2) Notice of Proposed Assessment:

(a) If the recipient does not respond to the invoice within 30 days from the service date of the invoice, the Commission may issue a written proposed assessment for the amount due.

(b) The recipient may pay the assessment in full within 30 days of the service date of the notice of proposed assessment or may file a written petition for a hearing within 30 days of the service date of the notice of proposed assessment. A written petition for a hearing must clearly specify all the reasons the recipient disputes the proposed assessments.

(A) If the recipient pays the proposed assessment in full within the 30 days of the service date of the notice of proposed assessment, the Commission will accept the payment and discontinue any further collection activities for that assessment.

(B) If the recipient timely files a written petition for a hearing as set forth in subsection (b) of this section of this rule, the Commission will grant the recipient a hearing and give at least 10 days notice of the time and place of the hearing. The Commission will conduct the hearing under its rules governing hearings and proceedings.

(3) Commission Order:

(a) The Commission will enter an order if the recipient does not respond to the notice of proposed assessment within 30 days of the service date of the notice of proposed assessment or after considering the testimony presented at hearing. Any charges assessed by the Commission in its order become due and payable on the tenth day after the service date of the Commission’s order.

(b) If the recipient does not respond to the order assessing charges, the account may be referred to the Department of Revenue or a collection agency for collection. The recipient is responsible for and must pay all costs incurred by the Commission to collect a past-due invoice amount from the recipient.

(4) Collection procedures for a recipient with two or more Assistive Telecommunication Devices or Adaptive Equipment units:

(a) The Commission will mail a letter to the recipient asking the recipient to return the equipment within 30 calendar days, and

(b) If the Commission does not receive a response, the Commission will send an invoice to the recipient. If the recipient does not pay the amount billed, the Commission may take the necessary action against the recipient to either regain possession of the State of Oregon’s equipment or receive the full replacement value of such equipment.

(5) When the Commission receives notice that a recipient is deceased, the Commission will request that the estate return the equipment. The Commission may bill the estate for the cost of replacing the equipment if it has not been returned, or if it is returned in damaged condition.

(6) If the lost, damaged, or otherwise not returned equipment is obsolete or is no longer offered by the TDAP, the Commission may waive the recipient’s financial responsibility.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11

860-033-0545

TDAP Compensable Expense

(1) The Authorized Distributors and the Authorized Maintenance Centers may be compensated from the RSPF for specific costs incurred as a result of participating in the TDAP. These contracted programs and services must request compensation by submitting an invoice to the Commission at least quarterly. Funds must be disbursed to these contracted programs or services no more than 30 calendar days after a properly filed invoice is received by the Commission:

(a) The Authorized Distributors may be compensated for coordinating and storing the Assistive Telecommunication Devices or Adaptive Equipment. Invoices must indicate all services performed by distributors and the number of the Assistive Telecommunication Devices or Adaptive Equipment units provided to recipients. Compensable services must include the cost of Assistive Telecommunication Devices or Adaptive Equipment with an identification number, shipping costs, storage costs, delivery costs, and other related costs.

(b) The Authorized Distributors may be compensated for the cost of preparing and distributing the Assistive Telecommunication Devices or Adaptive Equipment and maintenance services requested by the customers. Invoices must indicate the number of the Assistive Telecommunication Devices or Adaptive Equipment unit including the engraved identification on either distributing Assistive Telecommunication Devices or Adaptive Equipment to the recipient or receiving Assistive Telecommunication Devices or Adaptive Equipment repair orders from the recipient. The specific tasks of preparation and services in distributing the Assistive Telecommunication Devices or Adaptive Equipment are subject to written agreement between the Commission and the contracted Assistive Telecommunication Devices or Adaptive Equipment personnel.

(c) The Authorized Maintenance Centers may be compensated for repairing the damaged Assistive Telecommunication Devices or Adaptive Equipment, the storage of extra Assistive Telecommunication Devices or Adaptive Equipment replacements, and the required insurance for storage. Invoices must indicate the labor and parts of the damaged Assistive Telecommunication Devices or Adaptive Equipment, the storage cost, and the insurance premium cost, including Assistive Telecommunication Devices or Adaptive Equipment identification inventory.

(d) The Commission will determine the rate of compensation based on the cost the Authorized Distributor should reasonably incur to accomplish each task.

(2) Based upon accounting procedures established by the Commission, the Authorized Distributors and Authorized Maintenance Centers must maintain accounting records in such a manner that costs associated with TDAP can be separately identified. The Commission may audit the records of an Authorized Distributor or an Authorized Maintenance Center.

Stat. Auth.: ORS 183, 756, 759 & Ch. 290, OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290, OL 1987

Hist.: PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339); PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238); PUC 18-1997, f. & cert. ef. 12-17-97; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 19-2003, f. & cert. ef. 11-14-03; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 9-2011, f. & cert. ef. 10-4-11

Rule Caption: In the Matter of Revising Electric Service Reliability Rules to Reflect Current National Standards.

Adm. Order No.: PUC 10-2011

Filed with Sec. of State: 10-14-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 9-1-2011

Rules Adopted: 860-023-0081, 860-023-0084, 860-023-0091, 860-023-0101, 860-023-0111, 860-023-0131, 860-023-0151, 860-023-0161

Subject: These new electric service reliability rules to be effective January 1, 2012 comport with the most recent version of the national standard. These changes are significant to multistate electric companies and to trade organizations which rely on information being reported consistent with the national standard. The current electric service reliability rules are being left in place until the new rules are effective.

Rules Coordinator: Diane Davis—(503) 378-4372

860-023-0081

Definitions and Terms for Electric Service Reliability

(1) Effective beginning January 1, 2012, the definitions in IEEE 1366, as defined in subsection (2)(b) of this rule, are adopted unless otherwise expressly modified by this rule. If there is a conflict between the definitions in IEEE 1366 and this rule, the definitions in this rule govern.

(2) The following definitions apply to the Electric Service Reliability Rules, OAR 860-023-0081 through 860-023-0161:

(a) “Electric company” means a public utility, as defined in ORS 757.005, that supplies electricity.

(b) “IEEE 1366” means the Institute of Electrical Electronic Engineers (IEEE) Standard 1366 entitled “IEEE Guide for Electric Power Distribution Reliability Indices” (the 2003 edition), approved on December 10, 2003 by IEEE-SA Standards Board and on April 26, 2004 by the American National Standards Institute.

(c) “Loss of Supply — Substation” or “Power Supply — Substation” means an interruption cause category related to an outage of a distribution substation component.

(d) “Loss of Supply — Transmission” or “Power Supply — Transmission” means an interruption cause category related to the interruption of the electrical supply by the electric company’s transmission system or by another electrical utility or operator.

(e) “Reliability reporting area” means a grouping of one or more operating areas, for which the electric company calculates major event thresholds.

(f) “Reporting Period” means the 12-month period, based on a calendar year, for which the electric company is reporting reliability performance.

(g) “System-wide” means pertaining to and limited to the electric company’s customers in Oregon.

(3) For reference only, some IEEE 1366 acronyms or terms commonly used in OAR 860-023-0081 through 860-023-0161 are repeated herein.

(Note — refer to exact definitions and calculation methodologies in IEEE 1366.)

(a) “CAIDI” means customer average interruption duration index.

(b) “Customer” means a metered electrical service point for which an active bill account is established at a specific location (e.g., premise).

(c) “Interruption” means the loss of service to one or more customers connected to the distribution portion of the system. It is the result of one or more component outages, depending on system configuration.

(d) “MAIFIE” means momentary average interruption event frequency index.

(Note -This index does not include events immediately preceding a lockout.)

(e) “SAIDI” means system average interruption duration index.

(f) “SAIFI” means system average interruption frequency index.

(g) “Major Event” designates an event that exceeds the reasonable design and or operational limits of the electric power system. A major event includes at least one Major Event Day (MED).

(h) “Major Event Day” or “MED” means a day in which the daily system SAIDI exceeds a threshold value, T_MED. For the purposes of calculating daily system SAIDI, any interruption that spans multiple calendar days is accrued to the day on which the interruption began. Statistically, days having a daily system SAIDI greater than T_MED are days on which the energy delivery system experienced stresses beyond that normally expected (such as severe weather). Activities that occur on major event days should be separately analyzed and reported. (See section 4.5 of IEEE 1366.)

(i) “T_MED” means a major event day identification threshold value.

[Publications: Publications referenced in this rule are available for review at the agency.]

Stat. Auth.: ORS 183, 756 & 757

Stats. Implemented: ORS 757.020

Hist.: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

860-023-0084

General Provisions and Applicability of Electric Service Reliability Rules

1. Unless otherwise noted, OAR 860-023-0081 through 860-023-0161 apply to every electric company, effective beginning January 1, 2012.

2. A person may apply for waiver of any provision of the Electric Service Reliability Rules. The Commission may grant a waiver upon showing of good cause.

3. An electric company must comply with IEEE 1366 in the collecting and analyzing of interruption data and in the calculation and reporting of reliability indices as required by Electric Service Reliability Rules. If there is a conflict between any provision in IEEE 1366 and the Electric Service Reliability Rules, OAR 860-023-0081 through 860-023-0161 govern.

4. An electric company must include both “distribution system” interruptions and “interruptions caused by events outside of the distribution system” as defined in IEEE 1366 in the electric company’s record keeping, calculations, reporting, and filing as required by OAR 860-023-0081 through 860-023-0161, effective beginning January 1, 2012.

[Publications: Publications referenced in this rule are available for review at the agency.]

Stat. Auth.: ORS 183, 756 & 757

Stats. Implemented: ORS 757.020

Hist.: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

860-023-0091

Electric Service Continuity

(1) An electric company must use reasonable means in design, operation, and maintenance to ensure reliable service to each customer. Such means include, but are not limited to, programs to minimize service interruptions.

(2) An electric company must have documented programs to maintain appropriate reliability levels.

(3) When an interruption occurs, each electric company must reestablish service with the shortest possible delay consistent with the safety of its employees, customers, and the public.

(4) An electric company must have recordkeeping systems in place to determine, and track interruptions, facilitate interruption restoration, and collect and analyze interruption data.

(5) This rule is effective beginning January 1, 2012.

Stat. Auth.: ORS 183, 756 & 757

Stats. Implemented: ORS 757.020

Hist.: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

860-023-0101

Electric Interruption Records

(1) Except as provided in sections (3) and (4) of this rule, an electric company must keep an accurate record of each interruption of service that affects one or more customers. Each record must contain at least the following information:

(a) The operating area where the interruption occurred;

(b) The name of the substation involved;

(c) The name of the distribution circuit or distribution sub-circuit involved;

(d) The date and time the interruption occurred (if the exact time is unknown, the beginning of an interruption is recorded as the earlier of an automatic alarm or the reported initiation time);

(e) The date and time service was restored;

(f) The number of customers affected by the interruption;

(g) The cause of the interruption;

(h) The protective device that made the interruption; and

(i) The element involved (e.g., transmission, distribution substation, overhead primary main, underground primary main, transformer, etc.).

(2) For an interruption after which customers are not simultaneously restored, an electric company must keep records that document the step-restoration operations.

(3) For major events after which an electric company cannot obtain accurate data, the electric company must make reasonable estimates.

(4) For momentary interruptions and momentary interruption events, the company must collect as much information as is reasonable, given the equipment and systems available to identify and record such events.

(5) An electric company must retain for at least seven full calendar years the records associated with sections (1) through (2) of this rule.

(6) This rule is effective beginning January 1, 2012.

Stat. Auth.: ORS 183, 756 & 757

Stats. Implemented: ORS 757.020

Hist.: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

860-023-0111

Electric Reliability Calculations

(1) Using records collected per OAR 860-023-0101, each electric company must perform annual reliability index calculations required by this rule in compliance with IEEE 1366. Each electric company must report the results of the calculations in the company’s annual report as set forth in OAR 860-023-0151 and in the company’s major event filings as set forth in OAR 860-023-0161.

(2) After December 31 of each year an electric company must calculate the SAIDI, SAIFI, and MAIFI_E indices for the previous reporting period. These indices are to be calculated both with all interruptions included and separately with major event interruptions excluded:

(a) On a system-wide basis;

(b) For each reliability reporting area; and

(c) For each circuit.

(3) If an electric company estimates or uses factors in calculating actual CAIDI, SAIDI, SAIFI, or MAIFI_E indices in sections (1) or (2) of this rule, the company must summarize the estimation methodologies in the company’s annual report, as set forth in OAR 860-023-0151.

(4) This rule is effective beginning January 1, 2012.

[Publications: Publications referenced in this rule are available for review at the agency.]

Stat. Auth.: ORS 183, 756 & 757

Stats. Implemented: ORS 757.020

Hist.: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

860-023-0131

Customer Inquiries about Electric Reliability

(1) A customer may request a report from an electric company about the service reliability provided to the customer’s own meter. Within 20 business days, the electric company must supply the report to the customer at no cost. However, if a customer requests an additional reliability report for the same meter within one year of the date of the first request, the electric company may charge the customer the actual cost for the report.

(2) The report must include:

(a) The name of the customer;

(b) The date of the request;

(c) The address where the meter is installed;

(d) The meter number involved;

(e) The circuit involved; and

(f) A chronological listing, covering at least the 36 months preceding the date of the request, of all interruption data as required by OAR 860-023-0101 affecting the customer’s meter.

(3) This rule is effective beginning January 1, 2012.

Stat. Auth.: ORS 183, 756 & 757

Stats. Implemented: ORS 757.020

Hist.: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

860-023-0151

Annual Report on Electric Reliability

(1) On or before May 1 of each year, an electric company must file with the Commission a report that includes the information set forth in section (2) of this rule for the reporting period. The electric company must file the report in both paper and electronic form. The electric company must make electronic copies of the report available to the public upon request. For paper copies requested by the public, the electric company may charge a reasonable cost for production of the copy.

(2) The annual Electric Service Reliability Report must contain:

(a) The results of the calculated SAIDI, SAIFI, and MAIFI_E indices required by OAR 860-023-0111. The electric company must also report this information on a system-wide basis compared with the previous four years’ performance, and on a reliability reporting area basis compared with the previous four years’ performance.

(b) A summary of system-wide and reliability reporting area sustained interruption causes compared to the previous four-year performance. Cause categories to be evaluated include:

(A) Loss of Supply — Transmission;

(B) Loss of Supply — Substation;

(C) Distribution — Equipment;

(D) Distribution — Lightning;

(E) Distribution — Planned;

(F) Distribution — Public;

(G) Distribution — Vegetation;

(H) Distribution — Weather (other than lightning);

(I) Distribution — Wildlife;

(J) Distribution — Unknown; and

(K) Distribution — Other.

(c) A listing of the Major Events experienced during the reporting period, including reliability reporting area involved; operating areas involved; dates involved; T_MED applied; interruption causes; and SAIDI, SAIFI, and CAIDI impacts to customers for the Event on both a reliability reporting area basis and a system-wide basis.

(d) A listing of the T_MED values that will be used for each reliability reporting area for the forthcoming annual reporting period compared with the previous four years of T_MED values.

(e) A summary of the characteristics of the systems covered under OAR 860-023-0091(4) and estimation methodologies covered by OAR 860-023-0101(3) and 860-023-0111(3) for the collection of interruption data, calculation of reliability information, and facilitation of interruption restoration and mitigation.

(f) A summary addressing the changes that the electric company has made or will make in the collection of data and the calculation, estimation, and reporting of reliability information. The electric company must explain why the changes occurred and explain how the change affects the comparison of newer and older information.

(g) A map showing the reliability reporting areas and operating- areas.

(h) A listing of circuits by reliability reporting area and substation, indicating circuit voltage and number of customers connected.

(3) This rule is effective beginning January 1, 2012.

Stat. Auth.: ORS 183, 756 & 757

Stats. Implemented: ORS 757.020

Hist.: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

860-023-0161

Major Event Filing by Electric Companies

For any major event for which the CAIDI for the reliability reporting area exceeds five hours, the electric company must submit a report to the Commission within 30 business days after the conclusion of the event that includes:

(1) A description of the major event, the interruption causes, and factors that impacted restoration of service;

(2) The reliability reporting area and geographic area impacted;

(3) The total number of customers affected and the number of customers without service at periodic intervals; and

(4) The calculated SAIDI, SAIFI and CAIDI impacts (i.e., “Event SAIDI, SAIFI, and CAIDI”) associated with the Major Event to customers on a reliability reporting area and a system-wide basis.

(5) This rule is effective beginning January 1, 2012.

Stat. Auth.: ORS 183, 756 & 757

Stats. Implemented: ORS 757.020

Hist.: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

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