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Oregon Revised Statutes

Or. Rev. Stat. § 757.355 (2026)

Costs of property not presently providing utility service excluded from rate base; exception

✓ current as of May 2026
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      757.355 Costs of property not presently providing utility service excluded from rate base; exception. (1) Except as provided in subsection (2) of this section, a public utility may not, directly or indirectly, by any device, charge, demand, collect or receive from any customer rates that include the costs of construction, building, installation or real or personal property not presently used for providing utility service to the customer.

      (2) The Public Utility Commission may allow rates for a water utility that include the costs of a specific capital improvement if the water utility is required to use the additional revenues solely for the purpose of completing the capital improvement. [1979 c.3 §2; 2003 c.202 §2]

 

TRANSPORTATION

 

(Transportation Electrification)

Notes of Decisions
Cited in 14 cases, 1982–2019 · leading case: Dreyer v. Portland Gen. Elec. Co., 142 P.3d 1010 (Or. 2006).
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Dreyer v. Portland Gen. Elec. Co., 142 P.3d 1010 (Or. 2006). · cites it 25× “Relying on ORS 757.355 (1993), a statute that Oregon voters had approved in 1978 as a ballot initiative, 3 CUB argued that PGE could not include a return on its Trojan investment in its rate base, even if ORS 757.”
Gearhart v. Pub. Util. Comm'n, 299 P.3d 533 (Or. Ct. App. 2013). · cites it 25× “The plaintiffs contended that the PUC’s ruling violated ORS 757.355, which was adopted as an initiative measure in 1978.”
Citizens' Util. Bd. v. Pub. Util. Comm'n, 962 P.2d 744 (Or. Ct. App. 1998). · cites it 29× “ORS 757.355 was enacted through an initiative measure in 1978 (Measure 9), and provides: “No public utility shall, directly or indirectly, by any device, charge, demand, collect or receive from any customer rates which are derived from a rate base which includes within it any…”
Gearhart v. Pub. Util. Comm'n, 356 P.3d 216 (Or. 2014). · cites it 9× “140(2), which addressed the inclusion of undepreciated investments in rates, and ORS 757.355, which addressed the exclusion of certain costs from rates.”
Util. Reform Proj. v. Oregon Pub. Util. Comm'n, 170 P.3d 1074 (Or. Ct. App. 2007). · cites it 7× “Two years after the plant went into service, Oregon voters approved Ballot Measure 9 (1978), codified as ORS 757.355 (1979). That statute provided that a public utility may not “directly or indirectly, by any device, charge, demand, collect or receive from any customer rates…”
Util. Reform Proj. v. Oregon Pub. Util. Comm'n, 372 P.3d 517 (Or. Ct. App. 2016). · cites it 18× “Petitioner challenges the PUC’s order on several grounds, asserting that the order is unlawful because (1) charging ratepayers for administering the refund violates ORS 757.355, (2) the PUC prevented petitioner from challenging the refund mechanism used by PGE, (3) the rate…”
PP & L v. Dept. of Rev., 775 P.2d 303 (Or. 1989). · cites it 2× “See ORS 757.355. [2] The largest type of property in the property-not-in-service category is construction work in progress (CWIP).”
Dreyer v. PGE, 453 P.3d 580 (Or. Ct. App. 2019). · cites it 9× “2254 by charging an amount for utility services not authorized by law; and (3) plaintiffs were entitled to damages, under the equitable theories of “money had and received” and unjust enrichment, for the component of PGE’s charges that represented a return on its investment.”
Am. Can Co. v. Lobdell, 638 P.2d 1152 (Or. Ct. App. 1982). · cites it 2× “040, but is not required to use specific formulae other than to exclude certain costs that must be borne by the utilities’ stockholders, see ORS 757.355; 3) the court, in a suit in equity pursuant to ORS 756.”
Pac. Power & Light Co. v. Dep't of Revenue, 775 P.2d 303 (Or. 1989). · cites it 2× “See ORS 757.355. 2 The largest type of property in the property-not-in-service category is construction work in progress (CWIP).”
Dudley v. Jenks, 10 P.3d 257 (Or. 2000). ““(2) Notwithstanding ORS 757.355, in the following cases the commission may allow in rates, directly or indirectly, the return of and a return on amounts on the utility’s books of account which the commission finds represent undepreciated investment in [a] utility [plant,…”
Gearhart v. PUC, 339 P.3d 904 (Or. 2014). · cites it 9× “140(2), which addressed the inclusion of undepreciated investments in rates, and ORS 757.355, which addressed the exclusion of certain costs from rates.”
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