757.005
Definition of public utility.
(1)(a) As used in this chapter, except as provided in paragraph (b) of this
subsection, “public utility” means:
(A) Any
corporation, company, individual, association of individuals, or its lessees,
trustees or receivers, that owns, operates, manages or controls all or a part
of any plant or equipment in this state for the production, transmission,
delivery or furnishing of heat, light, water or power, directly or indirectly
to or for the public, whether or not such plant or equipment or part thereof is
wholly within any town or city.
(B) Any
corporation, company, individual or association of individuals, which is party
to an oral or written agreement for the payment by a public utility, for
service, managerial construction, engineering or financing fees, and having an
affiliated interest with the public utility.
(b) As used in
this chapter, “public utility” does not include:
(A) Any plant
owned or operated by a municipality.
(B) Any railroad,
as defined in ORS 824.020, or any industrial concern by reason of the fact that
it furnishes, without profit to itself, heat, light, water or power to the
inhabitants of any locality where there is no municipal or public utility plant
to furnish the same.
(C) Any
corporation, company, individual or association of individuals providing heat,
light or power:
(i) From any
energy resource to fewer than 20 customers, if it began providing service to a
customer prior to July 14, 1985;
(ii) From any
energy resource to fewer than 20 residential customers so long as the
corporation, company, individual or association of individuals serves only
residential customers;
(iii) From solar
or wind resources to any number of customers; or
(iv) From biogas,
waste heat or geothermal resources for nonelectric generation purposes to any
number of customers.
(D) A qualifying
facility on account of sales made under the provisions of ORS 758.505 to
758.555.
(E) Any person
furnishing heat, but not delivering electricity or natural gas to its
customers, except:
(i) As provided
in ORS 757.007 and 757.009; or
(ii) With respect
to heat furnished in municipalities which on January 1, 1989, had a municipally
owned system that was furnishing steam or other thermal forms of heat to its
customers.
(F)
Notwithstanding subparagraph (E) of this paragraph, any corporation, company,
partnership, individual or association of individuals furnishing heat to a
single thermal end user from an electric generating facility, plant or
equipment that is physically interconnected with the single thermal end user.
(G) Any
corporation, company, partnership, individual or association of individuals
that furnishes natural gas, electricity, ethanol, methanol, methane, biodiesel
or other alternative fuel to any number of customers for use in motor vehicles
and does not furnish any utility service described in paragraph (a) of this
subsection.
(H) An
electricity service supplier, as defined in ORS 757.600.
(2) Nothing in
subsection (1)(b)(C) of this section shall prohibit third party financing of
acquisition or development by a utility customer of energy resources to meet
the heat, light or power requirements of that customer. [Amended by 1953 c.583 §2;
1967 c.241 §1; 1967 c.314 §1; 1971 c.655 §64a; 1973 c.726 §1; 1979 c.62 §1;
1981 c.360 §1; 1981 c.749 §21; 1983 c.118 §1; 1983 c.799 §7; 1985 c.550 §1;
1985 c.633 §7; 1985 c.779 §1; 1987 c.447 §96; 1987 c.900 §3; 1989 c.5 §2; 1989
c.999 §§1,2; 1991 c.294 §1; 1995 c.267 §1; 1999 c.330 §2; 1999 c.491 §1; 1999
c.865 §21; 2001 c.104 §292; 2003 c.82 §4]
Notes of Decisions
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
· cites it 18× “420 defines the term "public utility" by adopting the statutory definition of *747 that term in ORS 757.005, which also applies to the statutes governing state regulation of utilities.”
Springfield Util. Bd. v. Emerald People's Util. Dist., 84 P.3d 167 (Or. Ct. App. 2004).
· cites it 9× “) For the purposes of the statute, “ ‘[p]ublic utility has the meaning for that term provided in ORS 757.005.” ORS 221.420(1)(a). The Springfield city charter expressly authorizes the board to exercise the city’s authority under ORS 221.”
Powerex Corp. v. Dept. of Rev., 24 Or. Tax 146 (Or. T.C. 2020).
· cites it 8× “The 1965 legislature made no change to ORS 757.005. 160 Powerex Corp. v. Dept. of Rev.”
Rogue Valley Sewer Servs. v. City of Phoenix, 353 P.3d 581 (Or. 2015).
· cites it 2× “420(l)(a) provides that “public utility” is to be given the meaning provided in ORS 757.005, which defines “public utility” to include only those entities furnishing “heat, light, water or power.”
Rogue Valley Sewer Servs. v. City of Phoenix, 329 P.3d 1 (Or. Ct. App. 2014).
· cites it 2× “” The city does not dispute that RVS does not fit within the definition of “public utility,” which is incorporated from ORS 757.005, for those statutes. 6 ORS 221.”
W. Radio Servs. Co. v. Verizon Wireless (Vaw), LLC, 442 P.3d 218 (Or. Ct. App. 2019).
“Plaintiff's ownership of the power line would have made it a "public utility," as defined in ORS 757.005 (1)(a)(A) (defining a public utility as "[a]ny corporation *** that owns, operates, manages or controls all or a part of any plant or equipment *** for the delivery *** of…”
Springfield Util. Bd. v. Emerald People's Util. Dist., 125 P.3d 740 (Or. 2005).
· cites it 18× “420 defines the term “public utility” by adopting the statutory definition of that term in ORS 757.005, which also applies to the statutes governing state regulation of utilities.”
City of Bend v. Juniper Util. Co., 252 P.3d 341 (Or. Ct. App. 2011).
“See ORS 757.005(l)(b) (exempting “[a]ny plant owned or operated by a municipality” from the definition of “public utility”); ORS 756.”
Pac. Nw. Bell Tel. Co. v. Sabin, 534 P.2d 984 (Or. Ct. App. 1975).
“«* * * 3= 3¡ » ORS 757.005. ② ORS 757.205. ③ “Whenever any public utility files with the commissioner any rate or schedule of rates stating or establishing a new rate or schedule of rates or increasing an existing rate or schedule of rates, the commissioner may, either upon…”
Cox v. Polk Cnty., 25 P.3d 970 (Or. Ct. App. 2001).
“equipment * * * used, directly or indirectly[,]” for the conveyance of telegraph or telephone messages, for the transportation of water, gas or petroleum products by pipelines, for the production, transmission, delivery or furnishing of heat, light, water, power, electricity, or…”
— Or. Rev. Stat. § 757.005(1) — 1 case
— Or. Rev. Stat. § 757.005(1)(a) — 3 cases
Powerex Corp. v. Dept. of Rev., 24 Or. Tax 146 (Or. T.C. 2020).
“The 1965 legislature made no change to ORS 757.005. 160 Powerex Corp. v. Dept. of Rev.”
— Or. Rev. Stat. § 757.005(1)(a)(A) — 5 cases
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
“420 defines the term "public utility" by adopting the statutory definition of *747 that term in ORS 757.005, which also applies to the statutes governing state regulation of utilities.”
Springfield Util. Bd. v. Emerald People's Util. Dist., 84 P.3d 167 (Or. Ct. App. 2004).
“) For the purposes of the statute, “ ‘[p]ublic utility has the meaning for that term provided in ORS 757.005.” ORS 221.420(1)(a). The Springfield city charter expressly authorizes the board to exercise the city’s authority under ORS 221.”
— Or. Rev. Stat. § 757.005(1)(a)(B) — 2 cases
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
“420 defines the term "public utility" by adopting the statutory definition of *747 that term in ORS 757.005, which also applies to the statutes governing state regulation of utilities.”
— Or. Rev. Stat. § 757.005(1)(b) — 3 cases
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
“420 defines the term "public utility" by adopting the statutory definition of *747 that term in ORS 757.005, which also applies to the statutes governing state regulation of utilities.”
— Or. Rev. Stat. § 757.005(1)(b)(A) — 3 cases
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
“420 defines the term "public utility" by adopting the statutory definition of *747 that term in ORS 757.005, which also applies to the statutes governing state regulation of utilities.”
Springfield Util. Bd. v. Emerald People's Util. Dist., 84 P.3d 167 (Or. Ct. App. 2004).
“) For the purposes of the statute, “ ‘[p]ublic utility has the meaning for that term provided in ORS 757.005.” ORS 221.420(1)(a). The Springfield city charter expressly authorizes the board to exercise the city’s authority under ORS 221.”
— Or. Rev. Stat. § 757.005(2) — 1 case
Powerex Corp. v. Dept. of Rev., 24 Or. Tax 146 (Or. T.C. 2020).
“The 1965 legislature made no change to ORS 757.005. 160 Powerex Corp. v. Dept. of Rev.”
— Or. Rev. Stat. § 757.005(2)(b) — 1 case
Powerex Corp. v. Dept. of Rev., 24 Or. Tax 146 (Or. T.C. 2020).
“The 1965 legislature made no change to ORS 757.005. 160 Powerex Corp. v. Dept. of Rev.”
— Or. Rev. Stat. § 757.005(l)(a) — 3 cases
— Or. Rev. Stat. § 757.005(l)(a)(A) — 1 case
Rogue Valley Sewer Servs. v. City of Phoenix, 353 P.3d 581 (Or. 2015).
“420(l)(a) provides that “public utility” is to be given the meaning provided in ORS 757.005, which defines “public utility” to include only those entities furnishing “heat, light, water or power.”
— Or. Rev. Stat. § 757.005(l)(b) — 2 cases
Rogue Valley Sewer Servs. v. City of Phoenix, 329 P.3d 1 (Or. Ct. App. 2014).
“” The city does not dispute that RVS does not fit within the definition of “public utility,” which is incorporated from ORS 757.005, for those statutes. 6 ORS 221.”
City of Bend v. Juniper Util. Co., 252 P.3d 341 (Or. Ct. App. 2011).
“See ORS 757.005(l)(b) (exempting “[a]ny plant owned or operated by a municipality” from the definition of “public utility”); ORS 756.”
— Or. Rev. Stat. § 757.005(l)(b)(A) — 1 case
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