Oregon Revised Statutes Public Health and Safety § 469A.055

(1) Except as provided in this section, an electric utility that makes sales of electricity to retail electricity consumers in an amount that equals less than three percent of all electricity sold to retail electricity consumers is not subject to ORS 469A.005 to 469A.210.

(2) Beginning in calendar year 2025, at least five percent of the electricity sold to retail electricity consumers in a calendar year by an electric utility must be qualifying electricity if the electric utility makes sales of electricity to retail electricity consumers in an amount that equals less than one and one-half percent of all electricity sold to retail electricity consumers.

(3) Beginning in calendar year 2025, at least 10 percent of the electricity sold to retail electricity consumers in a calendar year by an electric utility must be qualifying electricity if the electric utility makes sales of electricity to retail electricity consumers in an amount that equals or is more than one and one-half percent, and less than three percent, of all electricity sold to retail electricity consumers.

(4) The exemption provided by subsection (1) of this section terminates if an electric utility, or a joint operating entity that includes the electric utility as a member, acquires electricity from an electricity generating facility that uses coal as an energy source or makes an investment on or after June 6, 2007, in an electricity generating facility that uses coal as an energy source. Beginning in the calendar year following the year in which an electric utility's exemption terminates under this subsection, the electric utility is subject to the renewable portfolio standard described in ORS 469A.052 (3) and the provisions of ORS 469A.005 to 469A.210 that apply to ORS 469A.052 (3). This subsection does not apply to:

(5) The exemption provided by subsection (1) of this section terminates for a consumer-owned utility if the consumer-owned utility acquires service territory of an electric utility without the consent of the electric utility. Except as provided in subsection (6) of this section, beginning in the calendar year following the year in which a consumer-owned utility's exemption terminates under this subsection, the consumer-owned utility is subject to the renewable portfolio standard described in ORS 469A.052 (3) and the provisions of ORS 469A.005 to 469A.210 that apply to ORS 469A.052 (3).

(6) If an electric utility acquires service territory of another electric utility without the consent of the electric utility from which service territory was acquired, then beginning in the calendar year following the acquisition, the percentage of the acquiring electric utility's electricity sold to all retail electricity consumers of the acquiring electric utility that is sold to retail electricity consumers that are located in the acquired service territory is subject to the renewable portfolio standard that is applicable to the electric utility from which service territory was acquired and the provisions of ORS 469A.005 to 469A.210 that apply to the renewable portfolio standard.

(7) The provisions of this section do not authorize the acquisition by a municipal electric utility of service territory of a people's utility district organized under ORS chapter 261.

(8) The provisions of this section do not affect the requirement that electric utilities offer a green power rate under ORS 469A.205.