At the March 8, 2022 Public Meeting, the Oregon Public Utility Commission (the Oregon Commission) denied Idaho Power Company’s (Idaho Power) waiver request of Oregon’s competitive bidding rules. Oregon’s competitive bidding rules lay out the process for a Request for Proposals (RFP) when a utility will acquire resources of an aggregate of 80 megawatts for five years or more and require an Independent Evaluator to oversee the RFP process.
Oregon Updates Community Solar Rules on Dispute Resolution and Status Revocation
On March 8, 2022, the Oregon Public Utility Commission (the Commission) updated its community solar program (CSP) rules to clarify the procedures for dispute resolution and status revocation. Community solar allows ratepayers to support solar projects by subscribing to a share of a project’s output. The Oregon Solar + Storage Industries Association (OSSIA) was the only stakeholder to provide written comments. OSSIA and Commission Staff reached agreement on almost all of the proposed rule language.
OPUC Adopted New Rules Related to Small-Scale Renewable Energy Mandate
On December 15, 2021, the Oregon Public Utility Commission (the Commission) adopted new rules outlining electric utilities’ compliance with the small-scale renewable energy mandate in Oregon Revised Statute (ORS) 469A.210. Oregon House Bill 2021 increased the percentage of the utility’s aggregate electrical capacity that must come from eligible small-scale renewable projects from eight percent to ten percent. House Bill 2021 also expanded the compliance deadline from 2025 to 2030.
OPUC Acknowledged PacifiCorp’s 2020 RFP Shortlist with Conditions
On November 24, 2021, the Oregon Public Utility Commission (the Oregon Commission) acknowledged PacifiCorp’s 2020 Request for Proposals (RFP) final shortlist with several conditions. PacifiCorp will now negotiate power purchase agreement and build own transfer agreements with some or all of the over 3,500 MW of new wind, solar and battery storage projects.
OPUC Declines Jurisdiction over QF PPAs
On June 25, 2021, the Oregon Public Utility Commission (the Oregon Commission) dismissed the case brought against NewSun Energy (NewSun) by Portland General Electric (PGE) that sought to terminate the power purchase agreements (PPAs) of select qualified facilities (QFs). The primary dispute was over the timeline of the QFs to come online and be commercially viable. NewSun argued there was force majeure, or, unforeseeable and unpreventable circumstances which prevented the facilities from achieving their commercial operation dates. The Commission agreed concluded that case should be adjudicated in court and dismissed the case, without prejudice.
Oregon Court of Appeals Dismisses Utility Appeal regarding PURPA Fixed Price Payments
In December 2020, the Oregon Court of Appeals dismissed Portland General Electric Company’s (PGE’s) appeal of the Oregon Public Utility Commission’s (Oregon Commission’s) decision in Docket No. UM 1805 regarding contract term requirements under the Public Utility Regulatory Policies Act (PURPA). The Court’s decision capped a series of decisions affirming a long-standing Oregon Commission policy where qualifying facilities (QFs) eligible for standard contracts receive 15 years of fixed price payments.
PacifiCorp Utah and Oregon GRC Orders
In late December 2020, the Utah Public Service Commission (Utah Commission) and the Oregon Public Utility Commission (Oregon Commission) issued separate orders on PacifiCorp’s Utah and Oregon general rate cases. On December 30, the Utah Commission granted an increase to PacifiCorp, dba Rocky Mountain Power’s (PacifiCorp) annual revenue requirement of $31.41 million. In its initial Utah filing, PacifiCorp sought to increase its retail rates by $95.78 million, or 4.8%. On December 18, 2020, the Oregon Commission ordered a decrease to PacifiCorp’s revenue requirement of approximately $20.9 million, representing a 1.6% decrease from the its previous rates. PacifiCorp’s initial Oregon filing sought an increase of $78 million, or approximately 6%.
Oregon PUC and PGE Allow Projects to Participate in Community Solar Program
On May 19, 2020, the Oregon Public Utility Commission (Oregon Commission) approved, in principle, a proposed tariff for allocating community solar program (CSP) costs across Portland General Electric Company’s (PGE’s) customer classes. In a public settlement agreement, with the Oregon Commission’s approval of its tariff, PGE agreed to allow solar projects that were parties to the settlement agreement to terminate each project’s pre-existing power purchase agreement (PPA) if so requested within 90 days of the Commission order and to sell their power in the CSP.
Oregon PUC Supports Competitive Markets in Revamping PGE’s New Load Direct Access Program
On January 7, 2020, the Oregon Public Utility Commission (Oregon Commission) ordered the Portland General Electric Company (PGE) to submit new tariffs that implement its Large New Load Direct Access (NLDA) program (Order No. 20-002). The new tariffs will go into effect on February 6, 2020.
Oregon Court of Appeals Reverses OPUC on PacifiCorp’s Direct Access Charge
On June 19, 2019, the Oregon Court of Appeals issued an opinion in Calpine Energy Solutions, LLC v. Oregon Public Utility Commission (Oregon Commission or OPUC), reversing the OPUC’s approval of PacifiCorp’s Transition Adjustment Mechanism (TAM). The core decision by the Court is that a state regulatory agency, like the Oregon Commission, must make its decision based on the evidence brought before it and not information or decisions from prior cases.