Or. Rev. Stat. § 759.185

Suspension of rates pending hearing; time limitation; refund of revenue collected; interim rates

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759.185 Suspension of rates pending hearing; time limitation; refund of revenue collected; interim rates. (1) The Public Utility Commission may, pending such investigation and determination, order the suspension of the rate or schedule of rates, provided the initial period of suspension shall not extend more than six months beyond the time when such rate or schedule would otherwise go into effect. If the commission finds that the investigation will not be completed at the expiration of the initial suspension, the commission may enter an order further suspending such rate or schedule for not more than three months beyond the last day of the initial suspension.

(2) This section does not prevent the commission and the telecommunications utility from entering into a written stipulation at any time extending any period of suspension.

(3) After full hearing, whether completed before or after such rate or schedule has gone into effect, the commission may make such order in reference thereto as would be proper in a proceeding initiated after such rate or schedule has become effective.

(4) If the commission is required to or determines to conduct a hearing on a rate or schedule of rates filed pursuant to ORS 759.180, but does not order a suspension thereof, any increased revenue collected by the telecommunications utility as a result of such rate or rate schedule becoming effective shall be received subject to being refunded. If the rate or rate schedule thereafter approved by the commission is for a lesser increase or for no increase, the telecommunications utility shall refund the amount of revenues received that exceeds the amount approved as nearly as possible to the customers from whom such excess revenues were collected, by a credit against future bills or otherwise, in such manner as the commission orders.

(5) The commission may, in a suspension order, authorize an interim rate or rate schedule under which the telecommunications utility’s revenues will be increased by an amount deemed reasonable by the commission, not exceeding the amount requested by the telecommunications utility. An interim rate or rate schedule shall remain in effect until terminated by the commission. [1987 c.447 §14]

Notes of Decisions

Cited in 7 cases, 1992–2018 · leading case: Pacific Northwest Bell Telephone Co. v. Katz

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Pacific Northwest Bell Telephone Co. v. Katz (1992) orctapp · cites it 32× “However, PUC denied a refund, because it concluded that ORS 759.185(4) [3] allows a refund only when an interim increase is involved and this situation did not involve an interim increase.”

Communication Management Services, LLC v. Qwest Corp. (2014) ord · cites it 9× “In Claim Nine Plaintiffs raise a claim under Oregon Revised Statute § 759.185 in which Plaintiffs assert their payment of interim rates higher than the NST-compliant rates triggers a statutory right to mandatory refunds.”

Citizens' Utility Board v. Oregon Public Utility Commission (1994) orctapp · cites it 7× “180 and ORS 759.185. 7 Additionally, PUC ruled that ratepayers would be adequately protected from significant over collection by the 30-month tracking procedure.”

Pacific Northwest Bell Telephone Co. v. Eachus (1995) orctapp · cites it 4× “CUB notes that when a telecommunications utility seeks a rate change or increase, *48 PUC has the authority and traditionally grants the utility an interim rate increase subject to refund, pending hearing on the reasonableness of the rate, pursuant to ORS 759.”

Gearhart v. Public Utility Commission (2013) orctapp “Pending litigation, the PUC refused to change the rates to interim rates, as requested by CUB, so that refunds could be issued pursuant to ORS 759.185 if the rates were determined to be excessive.”

Wah Chang v. Public Utility Commission (2013) orctapp · cites it 2× “Katz, 116 Or App 302, 310 , 841 P2d 652 (1992), rev den, 316 Or 528 (1993) (rejecting the utility’s argument “that, because the legislature has authorized refunds under a specific statute, ORS 759.185(4), it has limited PUC’s authority to order a refund in any other circumstance.”

Communication Management Serv. v. Qwest Corp. (2018) ca9 “Claim 9 fails to state a claim for relief because it does not allege the statutory elements required for relief under Or. Rev. Stat. § 759.185 , which “applies only in the context of new or increased rates sought by the utility.”

— Or. Rev. Stat. § 759.185(4) — 4 cases

Pacific Northwest Bell Telephone Co. v. Katz (1992) orctapp “However, PUC denied a refund, because it concluded that ORS 759.185(4) [3] allows a refund only when an interim increase is involved and this situation did not involve an interim increase.”

Communication Management Services, LLC v. Qwest Corp. (2014) ord “In Claim Nine Plaintiffs raise a claim under Oregon Revised Statute § 759.185 in which Plaintiffs assert their payment of interim rates higher than the NST-compliant rates triggers a statutory right to mandatory refunds.”

Citizens' Utility Board v. Oregon Public Utility Commission (1994) orctapp “180 and ORS 759.185. 7 Additionally, PUC ruled that ratepayers would be adequately protected from significant over collection by the 30-month tracking procedure.”

Wah Chang v. Public Utility Commission (2013) orctapp “Katz, 116 Or App 302, 310 , 841 P2d 652 (1992), rev den, 316 Or 528 (1993) (rejecting the utility’s argument “that, because the legislature has authorized refunds under a specific statute, ORS 759.185(4), it has limited PUC’s authority to order a refund in any other circumstance.”

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