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PUBLIC UTILITY COMMISSION

 

DIVISION 25

REGULATIONS TO PREVENT DUPLICATION OF FACILITIES

860-025-0000

Applicability of Division 25

(1) The rules contained in this Division apply to electric utilities, gas utilities, and large telecommunications utilities, as defined in OAR 860-025-0001.

(2) Upon request or its own motion, the Commission may waive any of the Division 025 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040, 759.036, 759.040 & 759.500 - 595
Hist.: PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185); PUC 14-1997, f. & cert. ef. 11-20-97; PUC 3-1999, f. & cert. ef. 8-10-99; PUC 14-2000, f. & cert. ef. 8-23-00; PUC 13-2002, f. & cert. ef. 3-26-02; PUC 6-2011, f. & cert. ef. 9-14-11

860-025-0001

Definitions for Territory Allocated to Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

For purposes of this Division, except when a different scope is explicitly stated:

(1) "Electric utility" means an electric utility as defined in ORS 757.600(13).

(2) "Gas utility" means a public utility as defined in ORS 757.005 that supplies natural gas.

(3) "Large telecommunications utility" means any telecommunications utility as defined in ORS 759.005 that is not partially exempt from regulation under ORS 759.040.

(4) "Utility service" means utility service as defined for electric and gas utilities in ORS 758.400(3) and telecommunications utility service as defined in ORS 759.500(3).

Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040, 757.005, 758.400, 759.005 & 759.500
Hist.: PUC 2-1996, f. & cert. ef. 4-18-96 (Order No. 96-102); PUC 9-1998, f. & cert. ef. 4-28-98; PUC 13-2002, f. & cert. ef. 3-26-02; PUC 7-2005, f. & cert. ef. 11-30-05

860-025-0005

Applicability and Formal Requirements

All applications or petitions filed under the rules contained in this division must also comply with all other applicable Commission rules.

Stat. Auth.: ORS 183 & ORS 756
Stats. Implemented: ORS 756.040
Hist.: PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035)

860-025-0010

Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

An application for a Commission order under ORS 758.410 or 759.560 shall contain the following:

(1) A copy of the contract.

(2) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the applicant's service area.

(3) A map or maps, drawn to appropriate scale, showing the location of customers who are being served by either or both of the parties, or who could be economically served by the then existing facilities of either party, or by reasonable and economic extensions thereto, who are covered by the contract.

(4) A description by county, section lines, river, highway, road, street, or metes and bounds, where applicable and necessary, designating the boundaries of the territory to be served by each party to the contract. Such legal description of boundary lines may be drawn and described:

(a) To eliminate minor irregularities in the boundary of each party when to do so will include within each party's territory only that unserved area which may be economically served by the then existing facilities of the respective parties or by reasonable and economic extensions thereto; and

(b) In the case of persons providing telecommunications utility service who entered into exchange boundary agreements before May 31, 1961, to define mutually exclusive exchange service areas, the area affected by such agreement may be described by reference to the exchange area map in that agreement. However, the applicant shall not be relieved by such reference from showing that it can economically serve the unserved areas within the exchange area map with its existing facilities or by a reasonable and economic extension thereto.

(5) A description of the equipment and facilities of each party, which are the subject of sale, exchange, transfer, or lease pursuant to the contract and the consideration to be paid therefore.

(6) Facts showing that the contract will eliminate or avoid unnecessary duplicating facilities, and will promote the efficient and economic use and development and the safety of operation of the utility service systems of the parties to the contract, while providing adequate and reasonable service to all territories and customers affected thereby.

Stat. Auth.: ORS 183, ORS 756, ORS 758 & ORS 759
Stats. Implemented: ORS 758.400 - ORS 758.475 & ORS 759.500 - ORS 759.595
Hist.: PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035); PUC 9-1998, f. & cert. ef. 4-28-98; PUC 13-2002, f. & cert. ef. 3-26-02

860-025-0015

Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service

Applications under ORS 758.430 for a Commission order approving an amendment to a contract approved pursuant to ORS 758.410 to 758.420 or 759.560 shall contain:

(1) The amendatory contract;

(2) Reference to the Commission order approving the initial contract; and

(3) Such information required by OAR 860-025-0010 as may assist the Commission in reviewing the application.

Stat. Auth.: ORS 183, ORS 756 & ORS 758
Stats. Implemented: ORS 758.400 - ORS 758.475
Hist.: PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035); PUC 9-1998, f. & cert. ef. 4-28-98

860-025-0020

Applications for Allocation of Exclusively Served Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

An application under ORS 758.435 or ORS 759.535 for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory shall contain the following information:

(1) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the applicant's service area.

(2) A map or maps, drawn to appropriate scale, showing the location of applicant's customers and facilities in the vicinity of the boundaries of the territory applied for in sufficient detail to enable the Commission to determine the boundaries of that territory served exclusively by applicant.

(3) A description by county, section lines, river, highway, road, street, or metes and bounds, where applicable and necessary, of the boundaries of applicant's exclusive service area. Such map and legal description of boundary lines may be drawn and described to eliminate minor irregularities in the boundary.

(4) Facts showing that applicant is lawfully and in good faith providing exclusive utility service within the area described in the application and that no other person is providing a similar utility service within such territory.

(5) Such additional information as needed for a full understanding of the situation.

Stat. Auth.: ORS 183, ORS 756, ORS 758 & ORS 759
Stats. Implemented: ORS 758.400 - ORS 758.475 & ORS 759.500 - ORS 759.595
Hist.: PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035); PUC 9-1998, f. & cert. ef. 4-28-98; PUC 13-2002, f. & cert. ef. 3-26-02

860-025-0025

Applications for Allocation of Exclusively Served Territory and Adjacent Unserved Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

An application under ORS 758.435 or ORS 759.535, for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory and adjacent unserved territory shall contain the following information:

(1) The information required under OAR 860-025-0020.

(2) A map or maps similar to that required by OAR 860-025-0020(2) and description comparable to that required by OAR 860-025-0020(3), showing and describing the boundary of the adjacent unserved territory covered by the application.

(3) The names and addresses of all persons providing similar utility service in proximity to the unserved area applied for who may have an interest in or be affected by an approval or disapproval of the application.

(4) Facts showing that it is more economical and feasible to serve the adjacent unserved territory by an extension of the applicant's existing facilities than by an extension of the facilities of another person, including but not limited to the following:

(a) A map or maps, drawn to appropriate scale, showing location and capability of equipment, plant, or facilities including the capability, location, and route of proposed facilities, if any, which relate to the applicant's ability to extend utility service into the adjacent unserved area.

(b) Copies of such franchises or permits as the appropriate public authorities may require for extending service into the adjacent unserved area, or a statement that they will be filed at the hearing or a statement that no such authority is required by said public authorities.

(c) The kind or nature and extent of the need or demand, or reasonable anticipated need or demand, for utility service within the unserved area.

(d) The estimated construction, operating and related costs of and revenues from providing the proposed utility service within the unserved area.

(5) Such additional information as needed for a full understanding of the situation.

Stat. Auth.: ORS 183, ORS 756, ORS 758 & ORS 759
Stats. Implemented: ORS 758.400 - ORS 758.475 & ORS 759.500 - ORS 759.595
Hist.: PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035); PUC 9-1998, f. & cert. ef. 4-28-98; PUC 13-2002, f. & cert. ef. 3-26-02

860-025-0027

Application to Transfer Rights to Allocated Territory for Electric Utilities, Gas Utilities, and Large Telecommunications Utilities

(1) An application under ORS 758.460 or ORS 759.560 for an order of the Commission to approve the transfer of rights acquired by an allocation of territory shall contain the following information:

(a) A statement of the purposes for the transfer, the supporting reasons therefore, and a detailed explanation thereof justifying why the transfer will not be contrary to public interest.

(b) Copies of all written evidence and a statement of all oral understandings comprising the agreement between the transferor and transferee covering the transfer of the territory described in the application and sought to be transferred.

(c) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the allocated territory sought to be transferred and the transferor's and transferee's adjacent service areas.

(d) A map or maps, drawn to appropriate scale, showing:

(A) The number and, as practicable, the location of customers and equipment or facilities of the transferor with a detailed description of such equipment or facilities within the territory sought to be transferred; and

(B) The location of equipment or facilities of the transferor and transferee, with a detailed description of the same, which are in the territory immediately adjacent to that sought to be transferred and which are or will be interconnected therewith.

(e) A legal description, comparable to that required in OAR 860-025-0020(3), of the boundaries of the territory sought to be transferred.

(f) A legal description, comparable to that required in OAR 860-025-0020(3), of the resulting boundaries of the remaining allocated portion of the parcel of the transferor's territory where the territory sought to be transferred is only part of a parcel of transferor's allocated territory and a similar description of the resulting boundaries of the transferee's allocated territory where the territory sought to be transferred will be contiguous to a parcel of transferee's allocated territory.

(g) Copies of such franchises or permits, as the appropriate public authorities may require, authorizing the transferee to serve in the territory sought to be transferred, or evidence of the approval of the appropriate public authorities of the transfer to the transferee of the transferor's franchise or permit to serve the territory sought to be transferred.

(2) Applications under ORS 758.460 by an electric or gas utility for a Commission order approving the transfer of rights acquired by an allocation of territory, which would otherwise be subject to ORS 757.480, shall comply with OAR 860-027-0025.

(3) Applications under ORS 759.560 by a large telecommunications utility for a Commission order approving the transfer of rights acquired by an allocation of territory, which would otherwise be subject to ORS 759.375, shall comply with OAR 860-027-0025.

Stat. Auth.: ORS 183, ORS 756 & ORS 758 & ORS 759
Stats. Implemented: ORS 758.400 - ORS 758.475 & ORS 759.500 - 759.595
Hist.: PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035); PUC 12-1997, f. & cert. ef. 10-30-97; PUC 9-1998, f. & cert. ef. 4-28-98; PUC 13-2002, f. & cert. ef. 3-26-02

860-025-0030

Petitions for Certificate of Public Convenience and Necessity for Construction of Overhead Transmission Lines

(1) Petitions under ORS 758.015, for a certificate of public convenience and necessity to construct an overhead transmission line, which will necessitate a condemnation of land or an interest therein, shall contain the following information:

(a) The information required under OAR 860-025-0005.

(b) A detailed description and the purpose of the proposed transmission line which shall include but not be limited to a general description of the proposed route, voltage and capacity of the line. The project description should be in sufficient detail to enable a full understanding of the public convenience, necessity and justification in the public interest for the proposed transmission line and the benefits to be derived therefrom, and to enable a determination of its safety and practicability.

(c) A map or maps drawn to appropriate scale showing the general location and boundaries of petitioner's service area to be connected or served by the proposed transmission line and showing, by appropriate distinguishing colors and symbols, but not limited to, the following information:

(A) Proposed route, voltage and capacity of the proposed transmission line.

(B) Available alternate routes.

(C) Other transmission lines and substations of petitioner connecting or serving or capable of being adopted to connect or serve the areas covered by the proposed transmission line.

(D) The terminals, substations, sources of energy, and load centers related to the proposed project.

(E) Land to be condemned.

(d) An estimate of the cost of developing the project including:

(A) Land and land rights to be condemned.

(B) Other land and land rights acquired or to be acquired.

(C) Transmission facilities.

(D) Substation, accessory and miscellaneous labor, plant and equipment.

(E) Indirect and overhead costs including engineering, legal expense, taxes, interest during construction, and itemized administrative and general expenses.

(F) Any other costs, direct or indirect, relating to the project.

(G) Such explanation of the various cost estimates as needed to enable a full understanding of their basis and derivation.

(e) An explanation of the financial feasibility of the proposed project, including the kind, nature, extent and estimated growth of the energy requirements or reasonably anticipated need, load or demand, for the proposed transmission line.

(f) A description of the property and interest to be condemned, a full explanation of the intended use, and the specific necessity and convenience for the taking of said property:

(A) A map must be included whereon the land to be condemned is clearly marked, and the general contour, culture and improvements along that portion of the route are clearly shown.

(B) The names and addresses of all persons who have interests, known or of record, in the land to be affected or traversed by the proposed route from whom applicant has not acquired the necessary rights of way or option therefor.

(g) A statement and explanation with supporting data comparable to that described in sections (4) and (5) of this rule for possible alternative routes.

(h) Such additional information as may be needed for a full understanding of the situation.

(i) Such information and supporting data needed for the Commission to satisfy the land use findings requirement described in sections (2), (3), and (4) of this rule.

(2) The Commission, as part of its approval of a Certificate of Public Convenience and Necessity, shall adopt findings which assure the proposed transmission project complies with the Statewide Planning Goals and is compatible with the acknowledged comprehensive plan(s) and land use regulations of each local government where the project is to be located. The Commission's findings shall be developed under the rules and procedures in the Commission's state agency coordination program pursuant to ORS 197.180.

(3) The Commission's land use findings assuring the proposed project's goal compliance and plan compatibility shall be based on the hearing record, which shall include at least one of the following:

(a) A copy of the local land use permit from each affected city or county planning agency, building department, or governing body stating that the proposed transmission project has received the jurisdiction's approval; or

(b) A copy of a letter from each affected local planning agency, building department, or governing body stating that the proposed transmission project is permitted under the jurisdiction's comprehensive plan, land use regulations, and development codes, but does not require specific approval by the jurisdiction; or

(c) Other written or oral land use information and documentation equivalent to OAR 860-025-0030(3)(a) or (b) above properly presented to the Commission from an authorized representative from each affected city or county; or

(d) Commission goal compliance findings adopted pursuant to OAR 860-030-0065(3) in situations when the Commission is unable to assure goal compliance by acting compatibly with one or more of the affected comprehensive plans.

(4) If a proposed transmission line is subject to the jurisdiction of the Energy Facility Siting Council (EFSC), the Commission shall adopt findings which assure the project and route have been certified by EFSC, and the requirements of OAR 860-025-0030(2) and (3) shall not apply.

Stat. Auth.: ORS 183, 756 & 758
Stats. Implemented: ORS 758.015
Hist.: PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 8-1991, f. & cert. ef. 5-30-91 (Order No. 91-700); PUC 2-1993, f. & cert. ef. 1-8-93 (Order No. 92-1793 & 93-035); PUC 9-1998, f. & cert. ef. 4-28-98

860-025-0050

Application by an Unserved Person for Service from a Large Telecommunications Utility

An application under ORS 759.590 for an order of the Commission directing another telecommunications utility to provide local exchange service to an unserved person shall comply with OAR 860-032-0220.

Stat. Auth.: ORS 183, 756 & 759
Stats. Implemented: ORS 756.040, 759.580, 759.585, 759.590 & 759.595
Hist.: PUC 13-2002, f. & cert. ef. 3-26-02

860-025-0055

Exemption from Carrier of Last Resort (COLR) Obligations

(1) A telecommunications utility, cooperative corporation, or municipality may petition the Commission for an exemption from its COLR obligations as specified in this rule.

(2) The COLR’s petition must comply with the requirements of filing and service for contested cases found in OAR Chapter 860, Division 001 and also include:

(a) The name of the COLR as it appears on its certificate of authority;

(b) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for additional information about the petition;

(c) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for regulatory information, if different from the person specified in subsection (b) of this section;

(d) A listing of the services it is authorized to provide;

(e) Evidence that the conditions set forth in ORS 759.506(3)(a) through (3)(c) are met;

(f) Maps and any other information identifying the territory for which the COLR seeks an exemption;

(g) Evidence that the property for which the COLR seeks an exemption comprises four or more single family dwellings;

(h) Estimates in total and per customer of the COLR’s cost to provide service to the property in the absence of conditions identified in subsection (e) of this rule, or if the COLR cannot estimate the per-customer cost, a statement as to why;

(i) A copy of the notice required by section (6) of this rule; and

(j) An affidavit of notice required by section (7) of this rule.

(3) The petition may also include any other relevant information the COLR wishes to provide for consideration by the Commission.

(4) If the COLR designates any portion of the petition to be confidential, the COLR must attach an affidavit stating the legal basis for the claim of confidentiality and comply with the requirements of OAR 860-001-0070 or 860-001-0080.

(5) The petition must be filed at least 90 days before the proposed effective date of the requested exemption.

(6) The COLR must also prepare a Notice of Petition for Exemption from COLR Obligations (notice). The notice must include:

(a) The name of the COLR as it would normally appear on a customer bill;

(b) A statement that the COLR has petitioned the Commission for an exemption from its COLR obligations;

(c) The proposed effective date of the exemption;

(d) A statement that comments regarding the petition may be submitted to the Commission within 45 days of service date of the notice;

(e) A statement that the exemption will become effective by operation of law 90 days after the petition is filed, unless the Commission denies the petition or suspends the review of the petition for an additional 90 days;

(f) A statement that if the Commission suspends review of the petition for an additional 90 days and does not deny the petition within that additional time, then the exemption becomes effective by operation of law 180 days after the petition is filed; and

(g) The name, telephone number, electronic mail address, and mailing address of the COLR’s contact person for more information.

(7) The COLR must serve a copy of its notice on the following persons:

(a) The property owner or developer;

(b) The residents within the property that the COLR is able to identify.

(8) The COLR must also prepare an affidavit of notice, which must include:

(a) A certificate of service stating when and by what means (electronic mail or other delivery) the notice was served on the persons identified in section (7) above, including a list showing the electronic address or address served; and

(b) A statement of efforts taken to serve the notice in those instances when service was not completed.

(9) Unless the Commission takes further action or denies the petition, the petition becomes effective by operation of law 90 days after the petition is filed with the Commission.

(a) For good cause, the Commission may suspend the effective date of the petition for an additional 90 days.

(A) The Commission’s review of the petition may not exceed 180 days.

(B) Unless the Commission approves or denies the petition within the additional 90 days, the petition becomes effective by operation of law 180 days after the petition is filed with the Commission.

(b) An unopposed petition for exemption may become effective without a hearing before the Commission. For good cause, the Commission may suspend the effective date of an unopposed petition without a hearing.

(c) If opposition to the petition is filed with the Commission within 45 days of service of the notice, the Commission will schedule a conference to determine the proceedings necessary to complete its review within the times set forth in this rule.

(10) After a COLR exemption has been granted, the exempted COLR may provide service to a requesting customer in the exempted property if there are no barriers to prevent the former COLR from entering the property to provide the requested service. The requesting customer may be subject to additional charges under the exempted COLR’s line extension tariff.

Stat. Auth: ORS 756.060, 759.036, & 759.506
Stat. Implemented: ORS 759.506
Hist.: PUC 4-2011, f. & cert. ef. 8-26-11

860-025-0060

Reinstatement of Carrier of Last Resort (COLR) Obligations

(1) Any resident or occupant of the property for which the Commission allowed an exemption of the COLR obligations under OAR 860-025-0055, or the exempted COLR utility, may petition the Commission to reinstate the COLR obligations.

(2) The petition for reinstatement of the COLR obligations must be filed as set forth in OAR 860-001-0140 and 860-001-0170 and include the information required in OAR 860-001-0400(2) and the proposed effective date of COLR obligations reinstatement.

(3) Within 14 days of the filing of a complete petition for reinstatement of the COLR obligations, the Commission shall serve notice of the petition on the COLR identified in the petition (unless the petitioner is the exempted COLR), the Commission’s general notification list, and the service list of the docket under which the COLR exemption was granted.

(4) The Petitioner must serve notice of the petition upon:

(a) The property owner or developer;

(b) The residents within the property that the COLR is able to identify.

(5) The Commission shall conduct contested case proceedings, including a public hearing, to determine if the existing public convenience and necessity require reinstatement of the COLR obligations. The petitioner has the burden of proving that the COLR should be reinstated. Parties to the proceedings may present in support of or opposition to the petition for the Commission’s consideration:

(a) Evidence of the willingness of at least 60 percent of the occupants or residents of the property (including the Petitioner) to subscribe to the utility’s service and pay for the incremental cost of providing the service;

(b) Evidence of the estimated costs of the telecommunications utility, cooperative corporation, or municipality to serve the exempted area that are over and above the original cost to serve;

(c) The service record of the Alternative Service Provider, including but not limited to, statistics about complaints, delays, and service quality;

(d) Legal argument or evidence as to why reinstating COLR obligations to the telecommunications utility, cooperative corporation, or municipality is or is not in the public interest; and

(e) Other relevant evidence that the parties wish to be considered by the Commission.

(6) If the Commission determines that the existing public convenience and necessity requires reinstatement of the COLR obligations to the exempted COLR:

(a) The COLR may not be required to incur any costs until the incremental costs necessary to construct the facilities to provide service have been received from the parties identified in section 5(a) of this rule. The COLR may not unreasonably deny payment terms in lieu of one-time payments; and

(b) The COLR must receive from the existing provider (if any) the access necessary for the COLR to install and maintain its facilities, including necessary easements, before the Commission requires the COLR to re-establish service. The existing provider may not unreasonably deny such access.

Stat. Auth: ORS 756.060, 759.036, & 759.506
Stat. Implemented: ORS 759.506
Hist.: PUC 4-2011, f. & cert. ef. 8-26-11

860-025-0065

Allocation of Carrier of Last Resort (COLR) Reinstatement Costs

(1) Within 45 days after the Commission receives a petition to determine if reinstatement of the COLR obligations is required by the existing public convenience and necessity, the telecommunications utility, cooperative corporation, or municipality proposed for reinstatement as the COLR must file with the Commission:

(a) A proposal for allocating its costs of serving customers in the territory; or

(b) A calculation and apportionment of its incremental costs to serve the reinstated territory on the basis of its tariffed line extension guidelines.

(2) The proposal or calculation and apportionment filed under section (1) of this rule must:

(a) Include only the incremental costs that exceed the costs that would have been incurred (above and beyond any tariffed line extension charges) to initially construct or acquire facilities to serve customers of the territory;

(b) Specify how the incremental costs are to be allocated equitably among all customers of the territory to which the service is being reinstated; and

(c) Explain any significant differences between the initial costs to serve, as outlined in the development of incremental costs, and the proposed costs to serve as estimated in the original petition for exemption.

(3) Any occupant or resident within the property subject to the COLR reinstatement who subscribes to service from the reinstated COLR must pay a pro-rata share of the COLR's incremental cost to re-establish service in the property.

(4) Any occupant or resident within the property subject to the COLR reinstatement who does not subscribe to service from the reinstated COLR and who does not elect to share in the reinstatement costs may be subject to additional charges from the COLR if the occupant or resident elects to subscribe to the COLR’s service at a future date, in accordance with the COLR’s line extension tariff.

Stat. Auth: ORS 756.060; 759.036; & 759.506
Stat. Implemented: ORS 759.506
Hist.: PUC 4-2011, f. & cert. ef. 8-26-11

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