Current through Register Vol. 63, No. 9, September 1, 2024
(1) Except as
provided in section (3) of this rule, the requirements of this rule apply to
all wastewater utilities seeking authority under ORS
757.490 and
757.495. An application for
financing to an affiliated interest shall be made under OAR
860-037-0520.
(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 wastewater utility's behalf, to receive notices,
inquiries, and communications regarding the information;
(c) A statement describing the relationship
between the wastewater utility and the contracting entity as defined by ORS
757.015 and
757.490;
(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 of money the wastewater utility expects to pay annually for the goods or
services and the accounts in which the charges are recorded;
(i) The reasons, in detail, relied upon by
the wastewater utility for procuring the proposed goods or services from the
affiliate and benefits, if any, utility wastewater service 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 wastewater 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 is presumed to be the market value, subject to
evaluation of the procurement process;
(l) A copy of the proposed contract or
agreement between the wastewater 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 wastewater 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 any corporation
defined in 757.490(1):
(a) Any service provided under a rate or
schedule of rates filed with the Commission under ORS
757.210; or
(b) Any service provided under a rate or
schedule of rates that:
(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.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
756.040 &
757.005-757.495
