Public Utility Commission, Chapter 860
Rule Caption: In the Matter of Corrections to OAR 860-039-0005.
Adm. Order No.: PUC 1-2012
Filed with Sec. of State: 2-22-2012
Certified to be Effective: 2-22-12
Notice Publication Date: 1-1-2012
Rules Amended: 860-039-0005
Subject: The Commission adopted changes to the definitions found in OAR 860-039-0005 by Order No. 11-338 (Docket AR 548). The rule changes adopted in AR 548 were filed with the Secretary of State and became effective on September 7, 2011. On September 8, 2011, the Commission adopted general waiver provisions to nearly all divisions of its rules by Order No. 11-346 (Docket AR 554). When the proposed rules for AR 554 were drafted, the changes to OAR 860-039-0005 had not yet been adopted and were not reflected in the proposed rules. When the Commission adopted the AR 554 changes, due to a scrivener error, it failed to capture in the adopted rule language the definition changes adopted on the previous day. This rule?making reinstates the changes to the definitions that were previously adopted by the Commission but inadvertently removed by the subsequent adoption of changes in AR 554.
Rules Coordinator: Diane Davis—(503) 378-4372
Scope and Applicability of Net Metering Facility Rules
(1) OAR 860-039-0010 through 860-039-0080 (the “net met(1) OAR 860-039-0010 through 860-039-0080 (the “net metering rules”) establish rules governing net metering facilities interconnecting to a public utility as required under ORS 757.300. Net metering is available to a customer-generator only as provided in these rules. These rules do not apply to a public utility that meets the requirements of ORS 757.300(9).
(2)Upon request or its own motion, the Commission may waive any of the Division 039 rule for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.
(a) A public utility and net metering applicant may mutually agree to reasonable extensions to the required times for notices and submissions of information set forth in these rules for the purpose of allowing efficient and complete review of a net metering application.
(b) If a public utility unilaterally seeks waiver of the timelines set forth in these rules, the Commission must consider the number of pending applications for interconnection review and the type of applications, including review level and facility size.
(3) As used in OAR 860-039-0010 through 860-039-0080:
(a) “ANSI C12.1 standards” means the standards prescribed by the 2001 edition of the American National Standards Institute, Committee C12.1 (ANSI C12.1), entitled “American National Standard for Electric Meters - Code for Electricity Metering,” approved by the C12.1 Accredited Standard Committee on July 9, 2001.
(b) “Applicant” means a person who has filed an application to interconnect a net metering facility to an electric distribution system.
(c) “Area network” means a type of electric distribution system served by multiple transformers interconnected in an electrical network circuit in order to provide high reliability of service. This term has the same meaning as the term “secondary grid network” as defined in IEEE standard 1547 Section 4.1.4 (published July 2003).
(d) “Contiguous” means a single area of land that is considered to be contiguous even if there is an intervening public or railroad right of way, provided that rights of way land on which municipal infrastructure facilities exist (such as street lighting, sewerage transmission, and roadway controls) are not considered contiguous.
(e) “Customer-generator” means the person who is the user of a net metering facility and who has applied for and been accepted to receive electricity service at a premises from the serving public utility.
(f) “Electric distribution system” means that portion of an electric system which delivers electricity from transformation points on the transmission system to points of connection at a customer’s premises.
(g) “Equipment package” means a group of components connecting an electric generator with an electric distribution system, and includes all interface equipment including switchgear, inverters, or other interface devices. An equipment package may include an integrated generator or electric production source.
(h) “Fault current” means electrical current that flows through a circuit and is produced by an electrical fault, such as to ground, double-phase to ground, three-phase to ground, phase-to-phase, and three-phase.
(i) “Generation capacity” means the nameplate capacity of the power generating device(s). Generation capacity does not include the effects caused by inefficiencies of power conversion or plant parasitic loads.
(j) “Good utility practice” means a practice, method, policy, or action engaged in or accepted by a significant portion of the electric industry in a region, which a reasonable utility official would expect, in light of the facts reasonably discernable at the time, to accomplish the desired result reliably, safely and expeditiously.
(k) “IEEE standards” means the standards published in the 2003 edition of the Institute of Electrical and Electronics Engineers (IEEE) Standard 1547, entitled “Interconnecting Distributed Resources with Electric Power Systems,” approved by the IEEE SA Standards Board on June 12, 2003, and in the 2005 edition of the IEEE Standard 1547.1, entitled “IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems,” approved by the IEEE SA Standards Board on June 9, 2005.
(L) “Impact study” means an engineering analysis of the probable impact of a net metering facility on the safety and reliability of the public utility’s electric distribution system.
(m) “Interconnection agreement” means an agreement between a customer-generator and a public utility, which governs the connection of the net metering facility to the electric distribution system, as well as the ongoing operation of the net metering facility after it is connected to the system. An interconnection agreement will follow the standard form agreement developed by the public utility and filed with the Commission.
(n) “Interconnection facilities study” means a study conducted by a utility for the customer-generator that determines the additional or upgraded distribution system facilities, the cost of those facilities, and the time schedule required to interconnect the net metering facility to the utility’s distribution system.
(o) “Net metering facility” means a net metering facility as defined in ORS 757.300(1)(d).
(p) “Non-residential customer” means a retail electricity consumer that is not a residential customer, except “non-residential customer” does not include a customer who would be a residential customer but for the residency provisions of subsection (r) of this rule.
(q) “Point of common coupling” means the point beyond the customer-generator’s meter where the customer-generator facility connects with the electric distribution system.
(r) “Public utility” has the meaning set forth in ORS 757.005 and is limited to a public utility that provides electric service.
(s) “Residential customer” means a retail electricity consumer that resides at a dwelling primarily used for residential purposes. “Residential customer” does not include retail electricity customers in a dwelling typically used for residency periods of less than 30 days, including hotels, motels, camps, lodges, and clubs. “Dwelling” includes, but is not limited to, single-family dwellings, separately-metered apartments, adult foster homes, manufactured dwellings, and floating homes.
(t) “Spot network” means a type of electric distribution system that uses two or more inter-tied transformers protected by network protectors to supply an electrical network circuit. A spot network may be used to supply power to a single customer or a small group of customers.
(u) “Written notice” means a required notice sent by the utility via electronic mail if the customer-generator has provided an electronic mail address. If the customer-generator has not provided an electronic mail address, or has requested in writing to be notified by United States mail, or if the utility elects to provide notice by United States mail, then written notices from the utility shall be sent via First Class United States mail. The utility shall be deemed to have fulfilled its duty to respond under these rules on the day it sends the customer-generator notice via electronic mail or deposits such notice in First Class mail. The customer-generator shall be responsible for informing the utility of any changes to its notification address.
ORS 183, 756 & 757
Stats. Implemented: ORS 756.040, 757.300
Hist.: PUC 8-2007, f. & cert. ef. 7-27-07; PUC 5-2011, f. & cert. ef. 9-7-11; PUC 6-2011, f. & cert. ef. 9-14-11; PUC 1-2012, f. & cert. ef. 2-22-12
Rule Caption: In the Matter of Adopting the 2012 Edition of the National Electrical Safety Code.
Adm. Order No.: PUC 2-2012
Filed with Sec. of State: 3-9-2012
Certified to be Effective: 3-9-12
Notice Publication Date: 2-1-2012
Rules Amended: 860-024-0010
Subject: This rulemaking adopted the 2012 edition of the National Electrical Safety Code (NESC) to stay current with national standards and practices used in the construction, operation, and maintenance of electric supply lines and communication lines.
Rules Coordinator: Diane Davis—(503) 378-4372
Construction, Operation, and Maintenance of Electrical Supply and Communication Lines
Every operator shall construct, operate, and maintain electrical supply and communication lines in compliance with the standards prescribed by the 2012 Edition of the National Electrical Safety Code approved June 3, 2011, by the American National Standards Institute.
[Publications: Publications referenced are available for review from the Commision.]
Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 757.035
Hist.: PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 173, f. & ef. 1-14-76 (Order No. 76-037); PUC 1-1978, f. 1-13-78, ef. 2-13-78 (Order No. 78-076); PUC 3-1981, f. & ef. 6-4-81 (Order No. 81-361); PUC 12-1984, f. & ef. 6-5-84 (Order No. 84-424); PUC 11-1987, f. & ef. 10-8-87 (Order No. 87-861); PUC 6-1990, f. & cert. ef. 5-25-90 (Order No. 90-833); PUC 11-1993, f. & cert. ef. 6-23-93 (Order No. 93-809; PUC 13-1994, f. & cert. ef. 8-31-94 (Order No. 94-1243); PUC 7-1997, f. & cert. ef. 2-6-97; PUC 9-2002, f. & cert. ef. 2-26-02; PUC 6-2007, f. & cert .ef. 5-14-07; PUC 5-2008, f. & cert. ef. 12-29-08; PUC 2-2012, f. & cert. ef. 3-9-12
Rule Caption: In the Matter of Revisions to OAR 860-038-0480 to Implement House Bill 2960 (Cool Schools).
Adm. Order No.: PUC 3-2012
Filed with Sec. of State: 3-15-2012
Certified to be Effective: 3-15-12
Notice Publication Date: 12-1-2011
Rules Amended: 860-038-0480
Rules Repealed: 860-038-0480(T)
Subject: This rulemaking adopts permanent amendments to OAR 860-038-0480 to implement 2011 legislative changes to the distribution of public purpose funds collected by electric utilities under ORS 757.612. The temporary amendments effective September 30, 2011, are repealed. The permanent amendments implement the legislative changes requiring distribution of the funds to school districts rather than education service districts and include an annual reporting requirement for the Oregon Department of Energy to show the amount of public purpose funds received for administrative activities in support of the school districts under ORS 757.612.
Rules Coordinator: Diane Davis—(503) 378-4372
(1) Each electric company that offers direct access to its retail electricity consumers and each electricity service supplier that provides electricity services to direct access consumers in the electric company’s service territory will collect a public purpose charge from its retail electricity consumers until January 1, 2026.
(2) Except as provided in section (6) of this rule, electric companies and electricity service suppliers will bill and collect from each of their retail electricity consumers a public purpose charge equal to 3 percent of the total revenues billed to those consumers for electricity services, distribution, ancillary services, metering and billing, transition charges, and other types of costs that were included in electric rates on July 23, 1999.
(3) The electricity service suppliers will remit monthly to each electric company the public purpose charges they collect from the customers of each electric company.
(4) The electricity service suppliers will remit monthly the public purpose charges collected from direct service industrial consumers they serve to the electric company in whose service territory the direct service industrial site is located.
(5) The electric company whose territory abuts the greatest percentage of the site of an aluminum plant that averages more than 100 average megawatts of electricity use per year will collect monthly from the aluminum company a public purpose charge. The aluminum company will remit to the appropriate electric company a public purpose charge equal to 1 percent of the total revenue from the sale of electricity services to the aluminum plant from any source. Annually, the aluminum company will submit to the electric company an affidavit from a certified public accountant verifying that the costs for electricity services at the site of the aluminum plant and the remittance of the public purpose charges are accurate for the previous calendar year.
(6) A retail electricity consumer, including an aluminum plant as described in section (5) of this rule, may receive credits against its public purpose charges for qualifying expenditures incurred for new energy conservation and the above-market costs of new renewable energy resources at any site if the following qualifications for becoming a self-directing consumer are met:
(a) The consumer has used more than one average megawatt of electricity at any such site in the prior calendar year; and
(b) The consumer has received final certification from the Oregon Department of Energy for expenditures for new energy conservation and/or new renewable energy resources.
(7) Self-directing consumers may not claim a public purpose credit for energy conservation measures that were started prior to July 23, 1999. For energy conservation measures that were started on or after July 23, 1999, but prior to the implementation of direct access, a self-directing consumer may claim a public purpose credit if either of the following conditions is met:
(a) The energy conservation measure did not receive funding from an electric company conservation program and was certified by the Oregon Department of Energy after July 23, 1999; or
(b) The energy conservation measure did receive funding from an electric company conservation program and was certified by the Oregon Department of Energy after July 23, 1999, but the self-directing consumer repaid the amount of such funding (cost of audit and incentives plus interest) no later than 90 days following the implementation of direct access; provided that, a self-directing consumer shall not be required to repay the amount of any energy conservation audit related to a conservation measure if the audit was completed prior to January 1, 2000. The cost of an audit that identifies multiple energy conservation measures shall be prorated among such measures.
(c) For purposes of this subsection, “started” means that a contract has been executed to install or implement an energy conservation measure.
(8) The Oregon Department of Energy will establish specific rules and procedures that are consistent with these rules for qualifying a self-directing consumer’s expenditures.
(9) The electric company will apply the self-direction credit, determined by the Oregon Department of Energy, toward the consumer’s public purpose obligation.
(10) Each electric company will establish five separate accounts for the public purpose charges to be funded from its collections of public purpose charges as follows:
(a) Energy conservation in schools;
(b) New cost-effective local energy conservation and new market transformation;
(c) Above-market costs of new renewable energy resources;
(d) New low-income weatherization; and
(e) Construction and rehabilitation of low-income housing.
(11) Each electric company will allocate the public purpose funds it collects (billed less uncollectible amounts) from electricity service suppliers and consumers to the five public purpose accounts as follows:
(a) Energy conservation in schools — 10.0 percent;
(b) Local and market transformation conservation — 56.7 percent;
(c) Above market costs of new renewable energy resources — 17.1 percent;
(d) Low-income weatherization — 11.7 percent; and
(e) Low-income housing — 4.5 percent.
(12) Each electric company will adjust the local and market transformation conservation and above market costs of new renewable energy resources accounts specified in subsections 11(b) and (c) of this rule for the credits returned to self-directing customers for conservation or renewable resource expenditures certified by the Oregon Department of Energy.
(13) Each electric company will distribute funds from the public purpose accounts at least monthly as follows:
(a) The funds for conservation in schools to the school districts located in its service territory;
(b) The funds for local and market transformation conservation as directed by the Commission;
(c) The funds for renewable energy resources as directed by the Commission;
(d) The funds for low-income weatherization to the Housing and Community Services Department; and
(e) The funds for low-income housing to the Housing and Community Services Department Revolving Account.
(14) Should the Oregon Department of Energy request reimbursement for costs of administering public purpose funds in accordance with its responsibilities under ORS 757.612(3)(e), the electric companies must, within 30 days, provide reimbursement as provided in ORS 757.612(3)(c). The Oregon Department of Energy’s reimbursement request must be limited to activities related to implementing public purpose programs and be consistent with its legislatively approved budget limitation allotted to administer the schools program. On March 1 of each year, the Oregon Department of Energy must provide to the Commission an accounting of the reimbursements received the preceding calendar year for administrative activities performed under ORS 757.612(3)(e).
(15) Each electric company will coordinate with the Oregon Department of Energy to determine, by January 1 of each year, the allocation of public purpose funds for schools to the school districts according to the following methodology:
(a) From the Department of Education, collect current total weighted average daily membership (ADMw) as defined in ORS 327.013 and average daily membership (ADM) for each school district that contains schools served by the electric company;
(b) For each of the school districts, compute the ratio of ADM in schools served by the electric company to total ADM;
(c) For each school district, multiply its total ADMw by the ratio of ADM in schools served by the electric company to total ADM. The result is an estimate of ADMw in schools served by the electric company;
(d) Add the estimates of ADMw for each school district; and
(e) Compute the percentage of the total ADMw represented by each school district. These are the percentages that will be used to allocate the public purpose funds for schools to school districts for the 12-month period beginning on January 1 of each year.
(16) The electric company may be reimbursed for the reasonable administrative costs it incurs to collect and distribute the public purpose funds. Those administrative costs will be deducted from the total amount of public purpose funds collected by the electric company before the funds are allocated to the five public purpose accounts. The electric company will also pay from the total public purpose funds collected or from a specific fund any other administrative costs the Commission directs to be paid for implementation of the public purpose requirements. The entities responsible for administering the public purpose funds will pay for their costs of implementing the public purpose requirements from the public purpose funds they receive from the electric company.
(17) The electric companies and the administrators of the public purpose funds will collect sufficient information so that biennial reports can be made to the Legislature on what has been accomplished with the public purpose funds and how those funds have benefited the consumers of each electric company. Specifically, information must be collected so that the reporting requirements of ORS 757.617 can be fulfilled.
(a) Each electric company must report the total funds collected by source (that is, electric company customers, electricity service suppliers and self-directing consumers) for public purposes, the amounts distributed to the administrators of each public purpose fund, and its administrative costs;
(b) Each administrator of public purpose funds must report, at a minimum:
(A) The amount of funds received;
(B) The amount of funds spent;
(C) Its administrative costs; and
(D) Its results, for example, measures installed, projects funded, energy saved, homes weatherized, and low-income homes built/rehabilitated.
ORS 183, 756 & 757
Stats. Implemented: ORS 756.040 & 757.600 - 757.667
Hist.: PUC 1-2001, f. & cert. ef. 1-5-01; PUC 2-2001, f. & cert. ef. 1-5-01; PUC 11-2002, f. & cert. ef. 3-8-02; PUC 13-2004, f. & cert. ef. 8-31-04; PUC 7-2007, f. & cert. ef. 5-15-07; PUC 13-2007, f. & cert. ef. 12-31-07; PUC 3-2011, f. & cert. ef. 6-17-11; PUC 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12; PUC 3-2012, f. & cert. ef. 3-15-12