Oregon Revised Statutes Chapter 757 § 757.603 — Electric company required to provide cost-of-service rate option to all retail

Electric company required to provide cost-of-service rate option to all retail electricity consumers; waiver; portfolio of rate options for residential consumers. (1) Except as provided in this section, an electric company shall provide all retail electricity consumers that are connected to the electric company’s distribution system with a regulated, cost-of-service rate option. (2)(a) The Public Utility Commission by order may waive the requirement in subsection (1) of this section for any retail electricity consumer other than residential electricity consumers and small commercial electricity consumers. (b) Prior to ordering a waiver under this subsection, the commission may conduct such studies as the commission deems necessary and shall provide notice and opportunity for public comment and hearings regarding the proposed waiver. (c) The commission may order a waiver under this subsection if the commission finds, based on the evidentiary record developed through the conducted studies, public comment and hearings, that a market exists in which retail electricity consumers subject to the waiver are able to: (A) Purchase supplies of electricity adequate to meet the needs of the retail electricity consumers; (B) Obtain multiple offers for electricity supplies within a reasonable period of time; (C) Obtain reliable supplies of electricity; and (D) Purchase electricity at prices that are not unduly volatile and that are just and reasonable. (3) Each electric company shall provide each retail electricity consumer that is connected to its distribution system and whose electricity demand at any point of delivery is less than 30 kilowatts a portfolio of rate options. The portfolio of rate options shall include at least the following options: (a) A rate that reflects significant new renewable energy resources; (b) A market-based rate; and (c) If the commission finds, through public comment and hearing or through market research conducted by the electric company, that demand is sufficient to justify the rate, a rate option for electricity associated with a specific renewable energy resource, including solar photovoltaic energy. (4) The commission shall regulate the cost-of-service rate option under subsection (1) of this section and the portfolio of rate options under this section. The commission: (a) Shall reasonably ensure that the costs, risks and benefits of serving each option are reflected in the rates for each option, and such rates may include a monthly flat rate or charge in addition to usage. (b) May prohibit or otherwise limit the use of a cost-of-service rate by retail electricity consumers who have been served through direct access. (c) May limit switching among the portfolio of rate options and the cost-of-service rate. (5)(a) As used in this subsection, “government” means a city, county, irrigation district, ditch improvement district, water control district, or government of a federally recognized Indian tribe in Oregon. (b) An electric company may file, as part of a portfolio of rate options required under this section and if agreed to in coordination with one or more governments to meet adopted renewable and nonemitting energy goals, a program of rates or charges that reflect the cost of an electric company program to serve retail electricity consumers within the boundaries of those governments with electricity: (A) Derived from new or existing renewable energy resources or nonemitting energy resources, including supply and demand-side resources; or (B) Paired with unbundled renewable energy certificates, as defined in ORS 469A.005, from new or existing renewable energy resources. (c) The commission may approve a rate or charge under this subsection if: (A) The government attests that the coordination required under paragraph (b) of this subsection occurred and the electric company includes the attestation in the filing for a program of rates or charges; (B) The government enacts or adopts an ordinance, charter provision, resolution or other regulation requiring that retail electricity consumers within the boundaries of the government must, as determined during the coordination required by paragraph (b) of this subsection and conducted in accordance with this paragraph, be served with renewable energy resources or nonemitting energy resources, including at the option of the government, resources such as: (i) Energy from community-based resources, including solar photovoltaic, storage, microgrids, irrigation district-owned projects, in-pipe hydroelectric, or micro-hydroelectric, that provide community cobenefits, such as: (I) Community stability; (II) Community reinvestment; (III) Ownership by a nonprofit organization or renewable energy cooperative that represents an environmental justice community; (IV) Ownership by the government; (V) Disaster resiliency; (VI) Water savings; (VII) Species protection; (VIII) Direct cost sav