Posts in category: Oregon

On June 24, 2026, the Oregon Public Utility Commission (OPUC) issued an order in UM 2305 partially granting a complaint by Green Solar, LLC (Green Solar) against PacifiCorp regarding the cost to interconnect the small community solar project.  Specifically, in Order No. 26-217, the OPUC directed PacifiCorp to revise its final billing after finding several of the utility’s interconnection costs unreasonable.  Prior to the complaint, PacifiCorp attempted to charge Green Solar nearly double the initial estimates for the cost of interconnection.

The OPUC made four principle findings regarding unreasonable actions taken by PacifiCorp.  

First, the OPUC found that PacifiCorp failed to accurately identify existing utility infrastructure under its own substation, increasing undergrounding costs for communication infrastructure.

Second, the OPUC found PacifiCorp failed to properly coordinate internally in the handling of overlapping transmission upgrades.  PacifiCorp was aware that transmission poles needed to be replaced both for Green Solar’s interconnection and for a separate safety compliance project.  PacifiCorp proceeded with the safety compliance project without accounting for the known interconnection needs, resulting in duplicative replacement of utility poles within one year.

Third, the OPUC found PacifiCorp’s decision to charge Green Solar for faulty radio equipment unreasonable.  PacifiCorp had selected the vendor and purchased the radio equipment, but did not pursue a warranty remedy for the defective equipment. 

Fourth, the OPUC divided approximately $20,000 in overtime costs equally between Green Solar and PacifiCorp.  The OPUC found that both Green Solar and PacifiCorp contributed to delays in the project and that the resulting urgency at the end of the interconnection process was attributable to actions and inactions by both parties.

The order provides an important example of the OPUC’s approach to determining which costs are properly attributable to an interconnection customer and which costs must be borne by the utility.  The decision demonstrates that an interconnection customer may be responsible for reasonable costs exceeding an initial estimate, but that utilities may not be able to pass through all the costs resulting from their own errors, omissions, or failure to coordinate related system projects.  

Sanger Greene PC (Irion Sanger and Diego Rivas) represented Green Solar in the proceedings. Green Solar is a 2.875 MW community solar project near Culver, Oregon.

On May 7, 2026, the Oregon Public Utility Commission (Oregon Commission or OPUC) adopted, with modifications, the partial stipulation for Portland General Electric Company’s (PGE) tariff provisions applicable to large loads.  The order addressed cost allocation and tariff design for serving large electricity loads within PGE’s service territory, including revisions to existing tariff Schedules 89 and 90.  Driven by the passage of House Bill (HB) 3546 (the POWER Act), this investigation’s primary focus was the creation of Schedule 96, a separate and distinct customer class specifically for large data centers utilizing 20 megawatts (MW) or more of capacity.  The order aims to prevent unwarranted cost-shifting from data center loads onto residential and small commercial ratepayers while supporting continued progress toward the clean energy mandates outlined in HB 2021.

To achieve these protections, the Commission approved a strict suite of contractual and structural mechanisms for Schedule 96 and other large industrial tariffs.  Key provisions include a minimum transmission and generation demand charge set at 90 percent of contracted capacity, flat distribution charges covering 100 percent of expansion costs, and a 1-cent per kilowatt-hour surcharge for customers with an allocated capacity of 100 MW or greater.  The revenue from this surcharge is earmarked to fund non-cost-effective energy efficiency upgrades and home repairs for vulnerable, energy-burdened customers.  Additionally, the order establishes a minimum contract term of 10 years that scales upward based on the size of the load (up to a maximum of 30 years), alongside early exit fees and exceedance penalties to guard against stranded asset risks.

Through this order the Commission also adopted a landmark interconnection queue for Schedule 96 customers to manage the grid impacts of rapid load growth.  Under this framework, data centers cannot be energized until a reliable plan of service is established that matches non-emitting capacity to the load without hindering PGE’s compliance with HB 2021 greenhouse gas reduction goals.  Customers can navigate the queue and accelerate connection by leveraging load flexibility, onsite generation, or direct access arrangements, or utilizing Commission-approved special contracts for dedicated renewable resources.

The order also adopts a First Partial Stipulation, which resolved several non-contested procedural and study parameters among participating stakeholders.  These include lowering the Large Load Customer Agreement threshold to 20 MW and implementing updates to PGE’s distribution marginal cost study to separate substation costs by class.  PGE is ordered to implement these changes through a compliance filing, integrating the updated cost-allocation principles to provide immediate rate relief to residential and small commercial customer groups.

This order was later modified by Order No. 26-309, granting reconsideration in part, and both orders are currently under appeal before the Oregon Court of Appeals.

Sanger Greene (Irion Sanger and Max Greene) represented the Northwest & Intermountain Power Producers Coalition in the OPUC docket. The Northwest & Intermountain Power Producers Coalition represents electricity market participants in the Pacific Northwest, including independent power producers, electricity service suppliers, and transmission companies.  NIPPC is committed to facilitating cost-effective electricity sales, offering consumers choices in their energy supply, and advancing fair, competitive power markets.