Current through Register Vol. 63, No. 9, September 1, 2024
(1) Under ORS
757.072, a utility providing
electricity or natural gas may enter into a written agreement to provide
financial assistance to an organization that represents broad customer
interests in Commission proceedings.
(2) Upon Commission approval of an agreement,
the Commission will apply the qualifications in this rule to determine whether
an organization is eligible for a grant of financial assistance. Only parties
that are precertified or parties that become case certified for particular
proceedings are eligible to receive grants under an agreement. The terms of an
agreement are binding on all organizations seeking a grant under that agreement
and will be followed by the Commission in administering the agreement. Once
precertified, an organization remains precertified unless the Commission
decertifies the organization under OAR 860-001-0130.
(3) An agreement may allow organizations to
seek precertification as eligible to receive grants. The Commission will
precertify only organizations meeting the following criteria:
(a) The Citizens' Utility Board of Oregon
(CUB), as a representative of residential customers; or
(b) Nonprofit organizations that meet the
following criteria:
(A) A primary purpose of
the organization is to represent utility customers' interests on an ongoing
basis;
(B) The organization
represents the interests of a broad class of customers and those interests are
primarily directed at public utility rates or terms and conditions of service
affecting those customers, and not narrow interests or issues that are
ancillary to the representation of those customers as consumers of utility
services;
(C) The organization
demonstrates that it is able to effectively represent the particular class of
customers it seeks to represent;
(D) The organization's members are customers
of one or more of the utilities that are parties to the applicable agreement
and contribute a significant portion of the overall support and funding of the
organization's activities in the state; and
(E) The organization has demonstrated in past
Commission proceedings the ability to substantively contribute to the record on
behalf of customer interests.
(4) An agreement may allow organizations to
seek certification on a case-by-case basis as eligible to receive a grant. The
Commission will case certify only those organizations meeting the following
criteria:
(a) The organization is a nonprofit
organization, demonstrates that it is in the process of becoming a nonprofit
organization, or is comprised of multiple customers of one or more of the
utilities that are parties to the agreement and demonstrates that a primary
purpose of the organization is to represent broad utility customer
interests;
(b) The organization
represents the interests of a broad class of customers and its participation in
the proceedings will be primarily directed at public utility rates or terms and
conditions of service affecting those customers, and not narrow interests or
issues that are ancillary to the effect of the rates and terms and conditions
of service on those customers;
(c)
The organization demonstrates that it is able to effectively represent the
particular class of customers it seeks to represent;
(d) Those members of the organization who are
customers of one or more of the utilities that are affected by the proceedings
and are parties to the agreement contribute a significant percentage of the
overall support and funding of the organization;
(e) The organization demonstrates or has
demonstrated in past Commission proceedings the ability to substantively
contribute to the record on behalf of customer interests related to rates and
the terms and conditions of service, including in proceedings in which the
organization was case certified and received a grant;
(f) The organization demonstrates that:
(A) No precertified intervenor participating
in the proceedings adequately represents the specific interests of the class of
customers represented by the organization; or
(B) The specific interests of a class of
customers will benefit from the organization's participation; and
(g) The organization demonstrates
that its request for case certification will not unduly delay the
proceedings.
Stat. Auth.: ORS
756.040,
756.060, &
757.072
Stats. Implemented: ORS
756.040,
756.055 &
757.072
