Oregon Administrative Rules
Chapter 860 - PUBLIC UTILITY COMMISSION
Division 26 - SALES PROMOTION
Section 860-026-0015 - "Promotional Concession" Defined
Universal Citation: OR Admin Rules 860-026-0015
Current through Register Vol. 63, No. 9, September 1, 2024
(1) "Promotional concession" means any consideration offered or granted by an energy or large telecommunications utility or its affiliate to any person with the object, express or implied, of inducing such person to select or use the service or additional service of such utility, or to select or install any appliance or equipment designed to use such utility service.
(2) For purposes of illustration, and without limiting the definition in section (1) of this rule, "promotional concession" includes:
(a) Financing real property,
including the construction of any building thereon, when such property is not
owned or otherwise possessed by and not intended for the immediate use of the
energy or large telecommunications utility or its affiliate;
(b) Furnishing consideration to any
architect, builder, engineer, subdivider, developer, or other person for work
done or to be done on property not owned or otherwise possessed by and not
intended for the immediate use of the energy or large telecommunications
utility or its affiliate; except for studies to determine comparative capital
cost and expenses to show the desirability or feasibility of selecting one form
of energy over another;
(c)
Acquisition from any builder, subdivider, developer, or other person of any
easement, right-of-way, license, lease or other property for consideration in
excess of the reasonable cost or value thereof;
(d) Furnishing consideration to any dealer,
architect, builder, engineer, subdivider, developer, or other person for the
sale, installation or use of any appliance or equipment;
(e) Providing free, or at less than cost or
value, any wiring, piping, appliance, or equipment to any other person; but an
energy or large telecommunications utility, engaged in an appliance
merchandising sales program, is not precluded from conducting legitimate
close-outs of appliances, clearance sales and sales of damage or returned
appliances;
(f) Providing free, or
at less than cost or value, any installation, operation, repair, modification,
or maintenance of any appliance, equipment, wiring or piping of any other
person;
(g) Granting a trade-in
allowance on the purchase of any appliance or equipment in excess of the fair
market value of the trade-in; or the granting of an allowance for such
appliance or equipment when such allowance varies by reason of the type of
energy consumed in such appliance or equipment;
(h) Financing the acquisition of any
appliance or equipment at a rate of interest or on terms more favorable than
those generally applicable to sales by nonutility dealers in such appliances or
equipment;
(i) Furnishing
consideration to any person for any advertising or publicity purpose of such
person; and
(j) Guaranteeing the
maximum cost of electric or gas utility service.
(3) "Promotional concession" excludes:
(a) Making any temporary emergency repairs to
appliances or equipment of a customer, or performing any other repairs or
maintenance for which the customer is charged at least at cost;
(b) Inspecting and adjusting appliances or
equipment which consumes electric or gas energy;
(c) Providing appliances or equipment
incidental to their demonstration for 60 days or less;
(d) Providing light bulbs, street or outdoor
lighting service, service pipe or other service equipment or appliances, in
accordance with tariffs filed with and approved by the Commission;
(e) Providing appliances or equipment to an
educational institution for the purpose of instructing students in the use of
such appliances or equipment;
(f)
Rebates, low interest loans, and other considerations for Commission-approved
energy efficiency programs; and
(g)
Testing of new products and equipment that are expected to result in their
inclusion in a Commission-approved energy efficiency program.
Stat. Auth.: ORS 183, ORS 756 & ORS 759
Stats. Implemented: ORS 756.040 & ORS 759.267
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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