757.105 Filing
of budget; rules; review by commission; pensions as operating expenses. (1) The Public Utility Commission
has the right and power of regulation, restriction and control over the budgets
of expenditures of public utilities, as to all items covering:
(a) Proposed
payment of salaries of executive officers;
(b) Donations;
(c) Political
contributions and political advertising;
(d) Expenditures
for pensions or for a trust to provide pensions for employees and officers;
(e) Other
expenditures and major contracts for the sale or purchase of equipment; and
(f) Any payment
or contemplated payment to any person or corporation having an affiliated
interest for service, advice, auditing, associating, sponsoring, engineering,
managing, operating, financing, legal or other services.
(2) On or before
a date prescribed by the commission by rule, each public utility shall prepare
a budget showing the amount of money which, in its judgment, shall be needed
during the ensuing year for covering all such activities and expenditures, and
file it with the commission.
(3) When any such
budget has been filed with the commission, the commission shall examine into
and investigate the same and unless rejected within 60 days thereafter, the
proposed budget is presumptively fair and reasonable and not contrary to public
interest.
(4) Proposed
expenditures for pensions or for a trust to provide pensions for the employees
and officers of such utility whether for future service or past service or
both, shall be recognized as an operating expense if the trust fund is
irrevocably committed to the payment of pensions or benefits to employees and
if such pensions are reasonable and nondiscriminatory. The commission may
disallow as an operating expense any expenditure for pension purposes in excess
of the amount necessary and proper to maintain an actuarially sound retirement
plan for the employees of the utility in Oregon. [Amended by 1957 c.593 §1;
1971 c.655 §82; 2013 c.96 §1]
Notes of Decisions
Pac. Nw. Bell Tel. Co. v. Davis, 608 P.2d 547 (Or. Ct. App. 1979).
· cites it 16× “105(1)(c), supra, which gives the Commissioner authority over budgets of expenditures for political advertising, means that the commissioner may apply the "guidelines" only to political advertising.”
Cascade Nat. Gas Corp. v. Davis, 560 P.2d 301 (Or. Ct. App. 1977).
· cites it 7× “Sabin, supra, that ORS 757.105 represents an extension of the Commissioner’s authority and not a limitation on his power to exclude a particular expense from the rate base in determining what would be a just and reasonable rate.”
Pac. Nw. Bell Tel. Co. v. Sabin, 534 P.2d 984 (Or. Ct. App. 1975).
· cites it 4× “495) or of the utility’s annual budgets which include payments under that contract (ORS 757.105) “estop” him from disallowing any portion of those payments when exercising his authority to determine and impose “just and reasonable” rates? As noted at the outset, rate making is a…”
Am. Can Co. v. Davis, 559 P.2d 898 (Or. Ct. App. 1977).
· cites it 2× “495, or of his prior approval of a utility’s annual budget under ORS 757.105. There we said: "* * * Does the Commissioner’s prior approval of a contract between a utility and an affiliated interest (ORS 757.”
Wah Chang v. Pub. Util. Comm'n, 301 P.3d 934 (Or. Ct. App. 2013).
· cites it 2× “Davis, 28 Or App 621, 630 , 560 P2d 301 , rev den, 279 Or 1 (1977) (“ORS 757.105 represents an extension of the *165 Commissioner’s authority and not a limitation on his power to exclude a particular expense from the rate base in determining what would be a just and reasonable…”
Oregon Tel. Corp. v. Pub. Util. Comm'r, 483 P.2d 822 (Or. Ct. App. 1971).
““* * * * ORS 757.105. In so doing, it is obvious he must consider all assets as well as liabilities of the utility.”
— Or. Rev. Stat. § 757.105(1) — 1 case
Cascade Nat. Gas Corp. v. Davis, 560 P.2d 301 (Or. Ct. App. 1977).
“Sabin, supra, that ORS 757.105 represents an extension of the Commissioner’s authority and not a limitation on his power to exclude a particular expense from the rate base in determining what would be a just and reasonable rate.”
— Or. Rev. Stat. § 757.105(1)(c) — 1 case
Pac. Nw. Bell Tel. Co. v. Davis, 608 P.2d 547 (Or. Ct. App. 1979).
“105(1)(c), supra, which gives the Commissioner authority over budgets of expenditures for political advertising, means that the commissioner may apply the "guidelines" only to political advertising.”
— Or. Rev. Stat. § 757.105(3) — 1 case
Cascade Nat. Gas Corp. v. Davis, 560 P.2d 301 (Or. Ct. App. 1977).
“Sabin, supra, that ORS 757.105 represents an extension of the Commissioner’s authority and not a limitation on his power to exclude a particular expense from the rate base in determining what would be a just and reasonable rate.”
— Or. Rev. Stat. § 757.105(l)(c) — 1 case
Pac. Nw. Bell Tel. Co. v. Davis, 608 P.2d 547 (Or. Ct. App. 1979).
“105(1)(c), supra, which gives the Commissioner authority over budgets of expenditures for political advertising, means that the commissioner may apply the "guidelines" only to political advertising.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.