Bill Text: OR HB3461 | 2011 | Regular Session | Enrolled
Bill Title: Relating to Klamath River dams.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2011-06-16 - Chapter 394, (2011 Laws): Effective date January 1, 2012. [HB3461 Detail]
Download: Oregon-2011-HB3461-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3461
Sponsored by Representative WHISNANT, Senator WHITSETT (at the
request of Industrial Customers of Northwest Utilities)
CHAPTER ................
AN ACT
Relating to Klamath River dams; amending ORS 757.736 and 757.738.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 757.736 is amended to read:
757.736. (1) Not more than 30 days after the execution of a
final agreement, PacifiCorp must file a copy of the final
agreement with the Public Utility Commission along with full and
complete copies of all analyses or studies that relate to the
rate-related costs, benefits and risks for customers of removing
or relicensing Klamath River dams and that were reviewed by
PacifiCorp during the decision-making process that led to
PacifiCorp's entering into the final agreement.
(2) PacifiCorp must include with the filing made under
subsection (1) of this section tariffs for the collection of two
nonbypassable surcharges from its customers for the purpose of
paying the costs of removing Klamath River dams as described in
subsection (11) of this section. Notwithstanding the commission's
findings and conclusions under subsection (4) of this section,
the commission shall require PacifiCorp to begin collecting the
surcharges on the date that the filing is made under subsection
(1) of this section, or on January 1, 2010, whichever is later,
and PacifiCorp shall continue to collect the surcharges pending a
final decision on the commission's order under subsection (4) of
this section. The surcharges imposed under this section shall be:
(a) A surcharge for the costs of removing the J.C. Boyle Dam;
and
(b) A surcharge for the costs of removing the Copco 1 Dam, the
Copco 2 Dam and the Iron Gate Dam.
(3) The surcharges imposed under this section may not exceed
the amounts necessary to fund Oregon's share of the customer
contribution of $200 million identified in the agreement in
principle. In addition, the total amount collected in a calendar
year under both surcharges may not exceed more than two percent
of PacifiCorp's annual revenue requirement as determined in
PacifiCorp's last case under ORS 757.210 decided by the
commission before January 1, 2010.
(4) Not more than six months after a filing is made under
subsection (1) of this section, the commission shall conduct a
hearing under ORS 757.210 on the surcharges imposed under this
section, and shall enter an order setting forth findings and
conclusions as to whether the imposition of surcharges under the
Enrolled House Bill 3461 (HB 3461-A) Page 1
terms of the final agreement results in rates that are fair, just
and reasonable.
(5) Notwithstanding ORS 183.482 (1), jurisdiction for judicial
review of any appeal of an order entered under subsection (4) of
this section is conferred on the Supreme Court, and a person
seeking judicial review of the order must file a petition for
review with the Supreme Court in the manner provided by ORS
183.482. ORS 183.482 (3) does not apply to an order entered under
subsection (4) of this section. If a petition for review is
filed, the surcharges imposed under the terms of the final
agreement shall remain in effect pending a final decision on the
petition, but shall be refunded if the rates resulting from the
surcharges are finally determined not to be fair, just and
reasonable. A petition filed under this subsection must indicate
on its face that the petition is filed pursuant to this
subsection.
(6) The commission may not use any commercially sensitive
information provided to the commission in a filing made under
subsection (1) of this section for any purpose other than
determining whether the imposition of surcharges under the terms
of the final agreement results in rates that are fair, just and
reasonable. Notwithstanding ORS 192.410 to 192.505, the
commission may not release commercially sensitive information
provided to the commission under this section, and shall require
any person participating in a proceeding relating to the
surcharge to sign a protective order prepared by the commission
before allowing the participant to obtain and use the
information.
(7) The surcharges imposed under this section must be of a
specified amount per kilowatt hour billed to retail customers, as
determined by the commission. The amount of each surcharge shall
be calculated based on a collection schedule that will fund, by
December 31, 2019, Oregon's share of the customer contribution of
$200 million identified in the agreement in principle. To the
extent practicable, the commission shall set the surcharges so
that total annual collections of the surcharges remain
approximately the same during the collection period { + , and,
when setting the rate for the surcharges, the commission shall
account for the actual and expected changes in energy usage over
the collection period and account for the actual and expected
changes in interest rates on the collected funds over the
collection period + }. The commission may change the collection
schedule if a Klamath River dam will be removed during a year
other than 2020.
(8) Except as provided in ORS 757.738 (2), all amounts
collected under the surcharges imposed under this section shall
be paid into the appropriate trust account established under ORS
757.738.
(9) If the commission determines at any time that amounts have
been collected under this section in excess of those needed, or
in excess of those allowed, the commission must:
(a) Direct the trustee of the appropriate trust account under
ORS 757.738 to refund these excess amounts to customers or to
otherwise use these amounts for the benefit of customers; or
(b) Adjust future surcharge amounts as necessary to offset the
excess amounts.
(10) If one or more Klamath River dams will not be removed, the
commission shall direct PacifiCorp to terminate collection of all
or part of the surcharges imposed under this section. In
addition, the commission shall direct the trustee of the
Enrolled House Bill 3461 (HB 3461-A) Page 2
appropriate trust account under ORS 757.738 to apply any excess
balances in the accounts to Oregon's allocated share of prudently
incurred costs to implement Federal Energy Regulatory Commission
relicensing requirements. If any excess amounts remain in the
trust accounts after that application, the Public Utility
Commission shall order that the excess amounts be refunded to
customers or otherwise be used for the benefit of customers in
accordance with Public Utility Commission rules and policies.
(11) For the purposes of subsection (2) of this section, ' the
costs of removing Klamath River dams' includes costs of:
(a) Physical removal of the dams;
(b) Site remediation and restoration;
(c) Avoiding downstream impacts of dam removal;
(d) Downstream impacts of dam removal;
(e) Permits that are required for the removal;
(f) Removal and disposal of sediment, debris and other
materials, if necessary; and
(g) Compliance with environmental laws.
SECTION 2. ORS 757.738 is amended to read:
757.738. { - (1) The Public Utility Commission shall
establish a separate trust account for amounts generated by each
of the two surcharges imposed under ORS 757.736. The commission
shall establish the trust accounts as interest-bearing accounts
with an agency of the United States identified in the final
agreement, or in a depository that is qualified under ORS 295.001
to 295.108 to receive public funds. The commission may authorize
transfer of funds from one trust account to another as necessary
to fund removal of the Klamath River dams. - }
{ + (1)(a) The Public Utility Commission shall establish a
separate trust account for amounts generated by each of the two
surcharges imposed under ORS 757.736. The commission shall
establish the trust accounts as interest-bearing accounts:
(A) With an agency of the United States identified in the final
agreement;
(B) In a depository that is qualified under ORS 295.001 to
295.108 to receive public funds; or
(C) With the State Treasurer, to be invested as provided in ORS
293.701 to 293.820.
(b) The commission may establish each of the two trust accounts
with a different trustee among those listed in paragraph (a) of
this subsection.
(c) The commission may authorize transfer of funds from one
trust account to another as necessary to fund removal of the
Klamath River dams. + }
(2) If an agreement is entered into under ORS 757.742 (2), the
parties to the agreement may agree that a portion of the amounts
collected under one surcharge may be deposited in the trust
account established for amounts collected under the other
surcharge.
(3) Upon request of an agency of the United States, or upon
request of the designee of an agency of the United States, the
commission shall require the trustee of the appropriate trust
account established under this section to transfer to the agency
or designee the amounts that are necessary to pay the costs of
removing the Klamath River dams as described in ORS 757.736 (11).
(4) If any amounts remain in a trust account established under
this section after the trustee makes all payments necessary for
the costs of removing the Klamath River dams as described in ORS
757.736 (11), the commission shall direct the trustee of the
Enrolled House Bill 3461 (HB 3461-A) Page 3
account to refund those amounts to customers or to otherwise use
the excess amounts for the benefit of customers.
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Passed by House May 3, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 26, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3461 (HB 3461-A) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3461 (HB 3461-A) Page 5
