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Oregon Revised Statutes

Or. Rev. Stat. § 758.535 (2026)

Criteria for qualifying facility; terms and conditions of energy sale

✓ current as of May 2026
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      758.535 Criteria for qualifying facility; terms and conditions of energy sale. (1) The Public Utility Commission shall establish minimum criteria that a cogeneration facility or small power production facility must meet to qualify as a qualifying facility under ORS 543.610, 757.005 and 758.505 to 758.555.

      (2) The terms and conditions for the purchase of energy or energy and capacity from a qualifying facility shall:

      (a) Be established by rule by the commission if the purchase is by a public utility;

      (b) Be adopted by an electric cooperative or people’s utility district according to the applicable provision of ORS chapter 62 or 261; and

      (c) Be established by a municipal utility according to the requirements of the municipality’s charter and ordinance.

      (3) The rules or policies adopted under subsection (2) of this section also shall:

      (a) Establish safety and operating requirements necessary to adequately protect all systems, facilities and equipment of the electric utility and qualifying facility;

      (b) Establish the eligibility cap for standard avoided costs rates and contracts for the purchase of energy or energy and capacity from qualifying facilities at no less than 10 megawatts;

      (c) Be consistent with applicable standards required by the Public Utility Regulatory Policies Act of 1978 (P.L. 95-617); and

      (d) Be made available to the public at the commission’s office. [1983 c.799 §4; 2025 c.149 §1]

 

      758.540 [1979 c.730 §6; repealed by 1981 c.714 §13]

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2026 · leading case: PGE v. Alfalfa Solar I, LLC, 524 P.3d 124 (Or. Ct. App. 2023).
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PGE v. Alfalfa Solar I, LLC, 524 P.3d 124 (Or. Ct. App. 2023). · cites it 2× “ORS 758.535, among other things, directs the PUC to set the minimum criteria that must be met to be a QF, to set the terms and conditions for a public utility’s purchase for energy from a QF, and to set safety and operating requirements for QFs: 536 PGE v.”
NewSun Energy, LLC v. PUC, 346 Or. App. 545 (Or. Ct. App. 2026). · cites it 2× “” ORS 758.535. Under that broad authority, PUC can adopt rules within that subject matter as long as the rules are consis- tent with the general legislative policy; that is, the rule must be within the range of discretion allowed by the more general statutory policy.”
Or. Rev. Stat. § 758.535(2): 1 case
NewSun Energy, LLC v. PUC, 346 Or. App. 545 (Or. Ct. App. 2026). “” ORS 758.535. Under that broad authority, PUC can adopt rules within that subject matter as long as the rules are consis- tent with the general legislative policy; that is, the rule must be within the range of discretion allowed by the more general statutory policy.”
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