Oregon Revised Statutes

Or. Rev. Stat. § 758.435 (2026)

Application for allocation of territory; hearing on application; notice

✓ current as of May 2026

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758.435 Application for allocation of territory; hearing on application; notice. (1) Any person providing a utility service in a territory that is not served by another person providing a similar utility service may file an application with the Public Utility Commission for an order allocating such territory to the person providing the utility service. The application may include any adjacent area when it is more economical and feasible to serve the adjacent area by an extension of the applicant’s existing facilities than by an extension of the facilities of another person. An application must include a copy of the notice of the filing to be given to all customers of record, and the applicant shall, within 30 days after filing an application under this section, give notice of the filing in the manner provided by subsection (4) of this section.

(2) Within 30 days after the filing of an application under this section, the commission shall give notice of the filing to all providers of similar utility services in the areas adjacent to the area covered by the application.

(3) If the commission chooses, or if a customer requests a hearing on the matter within 30 days of the notice, the commission shall hold a hearing by telephone, video conference or other electronic means of communication or in person. The commission shall give notice of the hearing in the manner provided by subsection (4) of this section within 30 days of the request. The notice shall set the date and place of hearing. The hearing shall be held at a place within or conveniently accessible to the territory covered by the application.

(4)(a) A notice given pursuant to this subsection shall be given:

(A) By mail or electronic mail to all customers of record in the area covered by the application;

(B) By press release to news media local to the area covered by the application; and

(C) By publication in one or more newspapers of general circulation in the area covered by the application at least once weekly for two successive weeks.

(b) The notice must include a description of the area covered by the application and the general rate impact to existing customers.

(5) Territory within the limits of a city, as fixed on May 31, 1961, shall not be deemed to be served exclusively by any person, if such city is, on such date, served by more than one person having necessary municipal or franchise authority to serve within the entire city. [Formerly 757.640; 1985 c.633 §1; 2023 c.53 §6]

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1999–2023 · leading case: Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).

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Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005). “430 (prescribing procedure and requirements for allocation of service territory by contract between utility providers); see also ORS 758.435 to 758.445 (prescribing procedure and requirements for allocation of service territory by application).”

Nw. Nat. Gas Co. v. Oregon Pub. Util. Comm'n, 99 P.3d 292 (Or. Ct. App. 2004). “ORS 758.435 to 758.440 establish the second method: if a utility is the exclusive provider of utility service in an area, the utility may unilaterally file an application with the commission to obtain exclusive service territory (at 3).”

Columbia River People's Util. Dist. v. Portland Gen. Elec. Co., 40 F. Supp. 2d 1152 (D. Or. 1999). “ORS 758.435. If the territory is shared by two or more utilities, they must first agree on allocation, then apply to the OPUC for approval of their respective exclusive territories.”

Douglas Elec. Coop. v. Cent. Lincoln People's Util. Dist., 991 P.2d 1060 (Or. Ct. App. 1999). “[District], under ORS Chapter 758, specifically ORS 758.435, has recently applied to the Oregon Public Utility Commission [(PUC)] for an allocation of an exclusive service territory to serve customers, including IP, within its political boundaries.”

Springfield Util. Bd. v. Emerald People's Util. Dist., 125 P.3d 740 (Or. 2005). “430 (prescribing procedure and requirements for allocation of service territory by contract between utility providers); see also ORS 758.435 to 758.445 (prescribing procedure and requirements for allocation of service territory by application).”

Delta Air Lines, Inc. v. Dept. of Rev. (Or. T.C. 2023). “305 (2009) (water); ORS 758.435 (2009) (electricity and gas); ORS 759.”

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