758.505
Definitions for ORS 758.505 to 758.555. As used in ORS 758.505 to 758.555:
(1) “Avoided cost”
means the incremental cost to an electric utility of electric energy or energy
and capacity that the utility would generate itself or purchase from another
source but for the purchase from a qualifying facility.
(2) “Cogeneration
facility” means a facility that:
(a) Produces,
through the sequential use of energy, electric energy and useful thermal energy
including but not limited to heat or steam, used for industrial, commercial,
heating or cooling purposes; and
(b) Is more than
50 percent owned by a person who is not an electric utility, an electric
holding company, an affiliated interest or any combination thereof.
(3) “Commission”
means the Public Utility Commission.
(4) “Electric
utility” means a nonregulated utility or a public utility.
(5) “Index rate”
means the lowest avoided cost approved by the commission for a generating
utility for the purchase of energy or energy and capacity of similar
characteristics including online date, duration of obligation and quality and
degree of reliability.
(6) “Nonregulated
utility” means an entity providing retail electric utility service to Oregon
consumers that is a people’s utility district organized under ORS chapter 261,
a municipal utility operating under ORS chapter 225 or an electric cooperative
organized under ORS chapter 62.
(7) “Public
utility” means a utility regulated by the commission under ORS chapter 757,
that provides electric power to consumers.
(8) “Qualifying
facility” means a cogeneration facility or a small power production facility.
(9) “Small power
production facility” means a facility that:
(a) Produces
energy primarily by the use of biomass, waste, solar energy, wind power, water
power, geothermal energy or any combination thereof;
(b) Is more than
50 percent owned by a person who is not an electric utility, an electric
utility holding company, an affiliated interest or any combination thereof; and
(c) Has a power
production capacity that, together with any other small power production
facility located at the same site and owned by the same person, is not greater
than 80 megawatts. [1983 c.799 §1]
758.510 [1979 c.730 §3; 1981 c.714 §2;
repealed by 1981 c.714 §7 and by 1983 c.799 §9]
Notes of Decisions
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
· cites it 3× “505, for example, expressly distinguishes between "public utilities," which are subject to the PUC's rate and service regulatory authority under ORS chapter 757, and PUDs, which have the authority to set their own rates and establish their own standards of service under ORS…”
Snow Mountain Pine Co. v. Maudlin, 734 P.2d 1366 (Or. Ct. App. 1987).
· cites it 2× “4 “Avoided costs” are defined in ORS 758.505(1) as “the incremental costs to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility.”
Oregon Trail Elec. Consumers Coop., Inc. v. Co-Gen Co., 7 P.3d 594 (Or. Ct. App. 2000).
· cites it 2× “3 “Avoided costs” are defined by statute as “the incremental costs to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility,” such as a cogenerator.”
Springfield Util. Bd. v. Emerald People's Util. Dist., 84 P.3d 167 (Or. Ct. App. 2004).
“305(12) (giving PUDs authority to set rates; no reference to PUC involvement); ORS 758.505(6) (defining “non-regulated utility” as a PUD, a municipal utility operating *551 under ORS chapter 225, or an electric cooperative).”
Springfield Util. Bd. v. Emerald People's Util. Dist., 125 P.3d 740 (Or. 2005).
· cites it 3× “ORS 758.505, for example, expressly distinguishes between “public utilities,” which are subject to the PUC’s rate and service regulatory authority under ORS chapter 757, and PUDs, which have the authority to set their own rates and establish their own standards of service under…”
Delta Air Lines, Inc. v. Dept. of Rev. (Or. T.C. 2023).
· cites it 3× “515(8) (2009) referred to the making of electricity sales to “an electric utility, as defined in ORS 758.505,” as one criterion for excluding certain small biomass-fueled electricity generation facilities from central assessment.”
NewSun Energy, LLC v. PUC, 346 Or. App. 545 (Or. Ct. App. 2026).
· cites it 2× “Oregon implements PURPA and its enacting rules through ORS 758.505 to 758.555, and through PUC’s implementing rules in OAR chapter 860, division 029, which apply to the “interconnection, purchase, and sale arrangements between a public utility and facili- ties that are…”
— Or. Rev. Stat. § 758.505(1) — 3 cases
Snow Mountain Pine Co. v. Maudlin, 734 P.2d 1366 (Or. Ct. App. 1987).
“4 “Avoided costs” are defined in ORS 758.505(1) as “the incremental costs to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility.”
Oregon Trail Elec. Consumers Coop., Inc. v. Co-Gen Co., 7 P.3d 594 (Or. Ct. App. 2000).
“3 “Avoided costs” are defined by statute as “the incremental costs to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility,” such as a cogenerator.”
— Or. Rev. Stat. § 758.505(2)(a) — 1 case
Snow Mountain Pine Co. v. Maudlin, 734 P.2d 1366 (Or. Ct. App. 1987).
“4 “Avoided costs” are defined in ORS 758.505(1) as “the incremental costs to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility.”
— Or. Rev. Stat. § 758.505(4) — 2 cases
Oregon Trail Elec. Consumers Coop., Inc. v. Co-Gen Co., 7 P.3d 594 (Or. Ct. App. 2000).
“3 “Avoided costs” are defined by statute as “the incremental costs to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility,” such as a cogenerator.”
Delta Air Lines, Inc. v. Dept. of Rev. (Or. T.C. 2023).
“515(8) (2009) referred to the making of electricity sales to “an electric utility, as defined in ORS 758.505,” as one criterion for excluding certain small biomass-fueled electricity generation facilities from central assessment.”
— Or. Rev. Stat. § 758.505(6) — 3 cases
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
“505, for example, expressly distinguishes between "public utilities," which are subject to the PUC's rate and service regulatory authority under ORS chapter 757, and PUDs, which have the authority to set their own rates and establish their own standards of service under ORS…”
Springfield Util. Bd. v. Emerald People's Util. Dist., 84 P.3d 167 (Or. Ct. App. 2004).
“305(12) (giving PUDs authority to set rates; no reference to PUC involvement); ORS 758.505(6) (defining “non-regulated utility” as a PUD, a municipal utility operating *551 under ORS chapter 225, or an electric cooperative).”
Springfield Util. Bd. v. Emerald People's Util. Dist., 125 P.3d 740 (Or. 2005).
“ORS 758.505, for example, expressly distinguishes between “public utilities,” which are subject to the PUC’s rate and service regulatory authority under ORS chapter 757, and PUDs, which have the authority to set their own rates and establish their own standards of service under…”
— Or. Rev. Stat. § 758.505(7) — 2 cases
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
“505, for example, expressly distinguishes between "public utilities," which are subject to the PUC's rate and service regulatory authority under ORS chapter 757, and PUDs, which have the authority to set their own rates and establish their own standards of service under ORS…”
Springfield Util. Bd. v. Emerald People's Util. Dist., 125 P.3d 740 (Or. 2005).
“ORS 758.505, for example, expressly distinguishes between “public utilities,” which are subject to the PUC’s rate and service regulatory authority under ORS chapter 757, and PUDs, which have the authority to set their own rates and establish their own standards of service under…”
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