Posts tagged: Oregon Public Utility Commission

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 June 23, 2026, the Oregon Public Utility Commission (Oregon Commission or OPUC) adopted rules related to alternative dispute resolution (ADR) and mediation.  Many stakeholders, including the Renewable Energy Coalition, Community Renewable Energy Association, Oregon Solar + Storage Industries Association, NW Natural, Portland General Electric Company, and NewSun Energy, advocated for changes to the ADR and mediation rules throughout the rulemaking.  The Commission issued Order No. 26-216 on June 24, 2026 adopting Staff’s recommendations.

The revised rules make a series of changes.  First, the rules provide separate ADR and mediation processes for informal dispute resolution and eliminate the option of informal dispute resolution for declaratory rulings.  ADR applies to non-consumer complaints and mediation applies to consumer complaints.  The ADR rules are intended to promote voluntary settlement and reduce litigation.  Second, the ADR rules were amended to require both parties to jointly request ADR.  Third, the rules clarified that a request for ADR can be filed any time and does not have to be concurrent or after a complaint is filed with the Commission.  Thus, parties could file for ADR before a complaint is filed to try and avoid the need for the complaint.  Fourth, the rules established an expedited but flexible process for ADR with requirements for filing information, limitations on who can attend meetings, and timelines for meetings and decisions.  Fifth, the rules ensure all communications in ADR are confidential and will only be used for settlement.  Sixth, the rules establish that an administrative law judge presiding over ADR cannot preside over any related complaint or communicate with Commission Staff on the issue.  Finally, the rules allow the ADR facilitator to provide an independent assessment of issues and outcomes of the case if requested by a party. 

Sanger Greene (Irion Sanger and Ellie Hardwick) represented the Renewable Energy Coalition in the proceedings.  The Renewable Energy Coalition is an organization whose members include irrigation districts, water districts, corporations, small utilities, and individuals who own and operate nearly fifty qualifying facilities – small renewable energy generators that operate under the federal Public Utility Regulatory Policies Act.  The Coalition advocates to ensure that small renewable generation projects continue to make an important contribution to the Northwest’s energy future.

On May 26, 2026, the Oregon Public Utility Commission (Oregon Commission or OPUC) adopted rules related to the small-scale renewable (SSR) requirement at OAR 860-091.  This rulemaking originated with a petition for declaratory ruling by PacifiCorp on various SSR issues in Docket No. 58.  The Commission denied the petition but opened a rulemaking instead.  Many stakeholders, including the Renewable Energy Coalition, Community Renewable Energy Association, Oregon Solar + Storage Industries Association, Portland General Electric Company, PacifiCorp, and Alliance for Western Energy Consumers, advocated for changes to the SSR rules throughout the rulemaking.  The Commission issued Order No. 26-192 on May 27, 2026, adopting Staff’s recommendations.

The revised rules make a series of changes.  First, the baseline calculation of Aggregate Electrical Capacity (the denominator used to calculate the utility’s SSR obligation) was revised to include all of the utility’s generation resources, whether utility owned or through a contract, to serve Oregon load.  However, storage resources, SSR resources, and behind-the-meter resources are excluded from the calculation of Aggregate Electrical Capacity.  Second, the rules clarified that a utility’s compliance standard is calculated annually and 12 months prior to the due date for the compliance report.  Third, the rules clarified what resources are SSR-eligible, including resources eligible for Oregon’s Renewable Portfolio Standard, Community Solar Program projects, and front-of-meter resources incorporated into a microgrid or other resilience project.  Fourth, the rules clarified what resources are SSR-ineligible, including behind-the-meter resources and energy storage systems.

Sanger Greene (Irion Sanger and Ellie Hardwick) represented the Renewable Energy Coalition in the proceedings.  The Renewable Energy Coalition is an organization whose members include irrigation districts, water districts, corporations, small utilities, and individuals who own and operate nearly fifty qualifying facilities – small renewable energy generators that operate under the federal Public Utility Regulatory Policies Act.  The Coalition advocates to ensure that small renewable generation projects continue to make an important contribution to the Northwest’s energy future.