Bill Text: OR HB3691 | 2010 | 1st Special Session | Enrolled
Bill Title: Relating to prudently incurred costs associated with compliance with a renewable portfolio standard; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2010-03-18 - Chapter 79, (2010 Laws): Effective date March 18, 2010. [HB3691 Detail]
Download: Oregon-2010-HB3691-Enrolled.html
75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session
Enrolled
House Bill 3691
Sponsored by COMMITTEE ON SUSTAINABILITY AND ECONOMIC DEVELOPMENT
CHAPTER ................
AN ACT
Relating to prudently incurred costs associated with compliance
with a renewable portfolio standard; amending ORS 469A.120 and
757.370; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 469A.120 is amended to read:
469A.120. (1) Except as provided in ORS 469A.180 (5), all
prudently incurred costs associated with compliance with a
renewable portfolio standard are recoverable in the rates of an
electric company, including interconnection costs, costs
associated with using physical or financial assets to integrate,
firm or shape renewable energy sources on a firm annual basis to
meet retail electricity needs { + , above-market costs + } and
other costs associated with transmission and delivery of
qualifying electricity to retail electricity consumers.
{ - (2) Costs associated with compliance with a renewable
portfolio standard are not an above-market cost for the purposes
of ORS 757.600 to 757.689. - }
{ - (3) - } { + (2) + } The Public Utility Commission shall
establish an automatic adjustment clause as defined in ORS
757.210 or another method that allows timely recovery of costs
prudently incurred by an electric company to construct or
otherwise acquire facilities that generate electricity from
renewable energy sources and for associated electricity
transmission. Notwithstanding any other provision of law, upon
the request of any interested person the commission shall conduct
a proceeding to establish the terms of the automatic adjustment
clause or other method for timely recovery of costs. The
commission shall provide parties to the proceeding with the
procedural rights described in ORS 756.500 to 756.610, including
but not limited to the opportunity to develop an evidentiary
record, conduct discovery, introduce evidence, conduct
cross-examination and submit written briefs and oral argument.
The commission shall issue a written order with findings on the
evidentiary record developed in the proceeding.
{ - (4) - } { + (3) + } An electric company must file with
the commission for approval of a proposed rate change to recover
costs under the terms of an automatic adjustment clause or other
method for timely recovery of costs established under subsection
{ - (3) - } { + (2) + } of this section. Notwithstanding any
other provision of law, upon the request of any interested person
the commission shall conduct a proceeding to determine whether to
approve a proposed change in rates under the automatic adjustment
Enrolled House Bill 3691 (HB 3691-A) Page 1
clause or other method for timely recovery of costs. The
commission shall provide parties to the proceeding with the
procedural rights described in ORS 756.500 to 756.610, including
but not limited to the opportunity to develop an evidentiary
record, conduct discovery, introduce evidence, conduct
cross-examination and submit written briefs and oral argument.
The commission shall issue a written order with findings on the
evidentiary record developed in the proceeding. A filing made
under this subsection is subject to the commission's authority
under ORS 757.215 to suspend a rate, or schedule of rates, for
investigation.
SECTION 2. ORS 757.370 is amended to read:
757.370. (1) On or before January 1, 2020, the total solar
photovoltaic generating nameplate capacity, from qualifying
systems generating at least 500 kilowatts, of all electric
companies in this state must be at least 20 megawatts of
alternating current with no single project greater than five
megawatts of alternating current.
(2) For the purpose of complying with the solar photovoltaic
generating capacity standard established by this section, on or
before January 1, 2020, each electric company is required to
maintain a minimum generating capacity from qualifying systems.
The minimum generating capacity for each electric company is
determined by multiplying 20 megawatts by a fraction equal to the
electric company's share of all retail electricity sales made in
this state in 2008 by all electric companies.
(3) For the purposes of ORS 757.360 to 757.380, capacity of a
solar photovoltaic energy system is measured on the alternating
current side of the system's inverter using the measurement
standards set forth by the Public Utility Commission by rule. If
the system does not use an inverter, the measurement shall be
made at the direct current level.
(4) An electric company may satisfy the solar photovoltaic
generating capacity standard established by this section with
solar photovoltaic energy systems owned by the company or with
contracts for the purchase of electricity from qualifying
systems.
(5) All costs prudently incurred by an electric company to
comply with the solar photovoltaic generating capacity standard
established by this section { + , including above-market
costs, + } are recoverable in the company's rates and are
eligible for an automatic adjustment clause established by the
commission under ORS 469A.120.
{ - (6) Costs associated with compliance with the solar
photovoltaic generating capacity standard established by this
section are not above-market costs for purposes of ORS 757.600 to
757.689. - }
{ - (7) - } { + (6) + } The commission may adopt rules
implementing and enforcing this section.
SECTION 3. { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
----------
Enrolled House Bill 3691 (HB 3691-A) Page 2
Passed by House February 12, 2010
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate February 20, 2010
...........................................................
President of Senate
Enrolled House Bill 3691 (HB 3691-A) Page 3
Received by Governor:
......M.,............., 2010
Approved:
......M.,............., 2010
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2010
...........................................................
Secretary of State
Enrolled House Bill 3691 (HB 3691-A) Page 4
