Current through Register Vol. 63, No. 12, December 1, 2024
(1) Except as
provided in sections (3) and (4) of this rule, the requirements of this rule
will apply to any energy or large telecommunications utility seeking authority
under ORS 757.490, ORS
757.495, ORS
759.385, and ORS
759.390. An application for
financing to an affiliated interest shall be made under OAR
860-027-0030.
(2) Every applicant
shall set forth in its application to the Commission, in the manner and form
indicated, the following information:
(a) The
applicant's exact name and the address of its principal business
office;
(b) The name and address of
the person authorized, on the utility's behalf, to receive notices, inquiries,
and communications regarding the information;
(c) A statement describing the relationship
between the utility and the contracting entity as defined by ORS
757.015, ORS
757.490, ORS
759.010, or ORS
759.385;
(d) The amount, kind, and ratio to total
voting securities held, if applicable;
(e) A list of all officers and directors of
the affiliated interest who are also officers or directors of the
applicant;
(f) The pecuniary
interest, directly or indirectly, of any officer or director who is a party to
the contract;
(g) A description of
the goods or services to be provided, the cost incurred in providing each of
the goods or services, the market value of the goods or services if different
from the costs, and the method or methods proposed for pricing those goods or
services;
(h) An estimate of the
amount the utility will pay annually for the goods or services and the accounts
in which it will record the charges;
(i) The reasons, in detail, relied upon by
the utility for procuring the proposed goods or services from the affiliate and
benefits, if any, utility customers and the general public will derive from the
provision of goods or services;
(j)
A description of the procurement process and the reasons, in pertinent detail
appropriate to the complexity of the procurement, relied upon by the utility
for procuring the proposed goods or services without a competitive procurement
process, if such a process is not used;
(k) Transfer prices in contracts or
agreements for the procurement of goods or services under competitive
procurement shall be presumed to be the market value, subject to evaluation of
the procurement process;
(l) A copy
of the proposed contract or agreement between the utility and the contracting
entity; and
(m) Copies of all
resolutions of directors authorizing the proposed transactions and, if
stockholders' approval has been obtained, copies of the resolutions approved by
the stockholders.
(3)
This rule shall not apply to utilities seeking to purchase or contracting to
purchase, directly or indirectly, from any person or corporation having an
affiliated interest as defined in ORS
757.015 or
759.010 or any corporation
defined in 757.490(1) or
759.385(1):
(a) Any service provided under a rate or
schedule of rates filed with the Commission under ORS
757.210 or ORS
759.180; or
(b) Any service provided under a rate or
schedule of rates which:
(A) Has been filed
with an agency charged with the regulation of utilities,
(B) Has been approved as just and reasonable
or in compliance with another comparable standard, and
(C) Is available to a broad class of
customers.
(4) This rule shall not apply to
telecommunications utilities electing price cap regulation under ORS
759.405 and
759.410.
Stat. Auth.: ORS 183, ORS 756, ORS 757 & ORS 759
Stats. Implemented: ORS
756.040, ORS
757.005, ORS
757.015, ORS
757.490, ORS
757.495, ORS
759.005, ORS
759.010, ORS
759.385 & ORS
759.390
