Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 758.450

Contract required for allocation of territory; prohibited activities; exceptions; third party financing

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      758.450 Contract required for allocation of territory; prohibited activities; exceptions; third party financing. (1) Territory served by more than one person providing similar utility service may only become an allocated territory by a contract approved by the Public Utility Commission.

      (2) Except as provided in subsection (4) of this section, no other person shall offer, construct or extend utility service in or into an allocated territory.

      (3) Except as provided in subsection (4) of this section, during the pendency of an application for an allocation of exclusively served territory, no person other than applicant shall offer, construct or extend utility service in or into the territory applied for; nor shall any person, without the express consent of the commission, offer, construct or extend utility service in or into any unserved territory which is the subject of a filing pending before the commission under ORS 758.420 or 758.435.

      (4) The provisions of ORS 758.400 to 758.475 do not apply to any corporation, company, individual or association of individuals providing heat, light or power:

      (a) From any energy resource to fewer than 20 customers, if it began providing service to a customer prior to July 14, 1985;

      (b) 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;

      (c) From solar or wind resources to any number of customers; or

      (d) From biogas, waste heat or geothermal resources for nonelectric generation purposes to any number of customers.

      (5) Nothing in subsection (4) 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. [Formerly 757.652; 1981 c.360 §2; 1985 c.779 §2]

Notes of Decisions
Cited in 7 cases, 1987–2019 · leading case: SPRINGFIELD UTILITY BD. v. Emerald PUD
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SPRINGFIELD UTILITY BD. v. Emerald PUD (2005) or · cites it 7× “As one mechanism to achieve those identified statutory objectives, ORS 758.450(2) mandates that, subject to several exceptions inapplicable to this case, [6] "no other person shall offer, construct or extend utility service in or into" an area if the PUC has exercised its…”
W. Radio Servs. Co. v. Verizon Wireless (Vaw), LLC (2019) orctapp · cites it 4× “If the PUC approves an application, no other person may offer, construct, or extend utility service in or into the allocated territory.”
Northwest Natural Gas Co. v. Oregon Public Utility Commission (2004) orctapp · cites it 6× “3 It began by stating that there are four elements to prove a violation of ORS 758.450: (1) the entity must be a “person” or “persons” as defined in ORS 758.”
Springfield Utility Board v. Emerald People's Utility District (2004) orctapp “ORS 758.450(2). As we previously stated, the PUC has allocated to Emerald all of the territory within its political limits, including the major portion of the area in dispute, and Emerald has applied to the PUC to allocate the remaining portion of that area to it.”
Springfield Utility Board v. Emerald People's Utility District (2005) or · cites it 7× “As one mechanism to achieve those identified statutory objectives, ORS 758.450(2) mandates that, subject to *638 several exceptions inapplicable to this case, 6 “no other person shall offer, construct or extend utility service in or into” an area if the PUC has exercised its…”
Columbia River People's Utility District v. Portland General Electric Co. (1999) ord · cites it 2× “*1155 ORS 758.450(2). The relevant exception to this, discussed below, is that a PUD like CRPUD, which is a local government organized under ORS Chapter 261, can exercise its statutory power of eminent domain to oust an existing electrical provider, like PGE, by condemning the…”
Pacificorp v. City of Ashland (1987) orctapp “ORS 758.450(2) provides that, after territory has been allocated to a “person,” under circumstances of the kind present here, “no other person shall offer, construct or extend utility service in or into an allocated territory.”
— Or. Rev. Stat. § 758.450(1) — 1 case
W. Radio Servs. Co. v. Verizon Wireless (Vaw), LLC (2019) orctapp “If the PUC approves an application, no other person may offer, construct, or extend utility service in or into the allocated territory.”
— Or. Rev. Stat. § 758.450(2) — 7 cases
SPRINGFIELD UTILITY BD. v. Emerald PUD (2005) or “As one mechanism to achieve those identified statutory objectives, ORS 758.450(2) mandates that, subject to several exceptions inapplicable to this case, [6] "no other person shall offer, construct or extend utility service in or into" an area if the PUC has exercised its…”
W. Radio Servs. Co. v. Verizon Wireless (Vaw), LLC (2019) orctapp “If the PUC approves an application, no other person may offer, construct, or extend utility service in or into the allocated territory.”
Springfield Utility Board v. Emerald People's Utility District (2004) orctapp “ORS 758.450(2). As we previously stated, the PUC has allocated to Emerald all of the territory within its political limits, including the major portion of the area in dispute, and Emerald has applied to the PUC to allocate the remaining portion of that area to it.”
Northwest Natural Gas Co. v. Oregon Public Utility Commission (2004) orctapp “3 It began by stating that there are four elements to prove a violation of ORS 758.450: (1) the entity must be a “person” or “persons” as defined in ORS 758.”
Columbia River People's Utility District v. Portland General Electric Co. (1999) ord “*1155 ORS 758.450(2). The relevant exception to this, discussed below, is that a PUD like CRPUD, which is a local government organized under ORS Chapter 261, can exercise its statutory power of eminent domain to oust an existing electrical provider, like PGE, by condemning the…”
— Or. Rev. Stat. § 758.450(4) — 3 cases
SPRINGFIELD UTILITY BD. v. Emerald PUD (2005) or “As one mechanism to achieve those identified statutory objectives, ORS 758.450(2) mandates that, subject to several exceptions inapplicable to this case, [6] "no other person shall offer, construct or extend utility service in or into" an area if the PUC has exercised its…”
Northwest Natural Gas Co. v. Oregon Public Utility Commission (2004) orctapp “3 It began by stating that there are four elements to prove a violation of ORS 758.450: (1) the entity must be a “person” or “persons” as defined in ORS 758.”
Springfield Utility Board v. Emerald People's Utility District (2005) or “As one mechanism to achieve those identified statutory objectives, ORS 758.450(2) mandates that, subject to *638 several exceptions inapplicable to this case, 6 “no other person shall offer, construct or extend utility service in or into” an area if the PUC has exercised its…”
— Or. Rev. Stat. § 758.450(4)(b) — 1 case
Northwest Natural Gas Co. v. Oregon Public Utility Commission (2004) orctapp “3 It began by stating that there are four elements to prove a violation of ORS 758.450: (1) the entity must be a “person” or “persons” as defined in ORS 758.”
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