On August 2, 2018, the Oregon Public Utility Commission (Commission) issued an order denying three qualifying facilities (QFs) under the Public Utility Regulatory Policy Act of 1978 (PURPA) the ability to change their nameplate capacity after contract execution but prior to commencing commercial operations. The Commission interpreted the language in Portland General Electric Company’s (PGE’s) standard power purchase agreement as prohibitive of either an increase or decrease to nameplate capacity prior to commercial operation.
Oregon Commission Requires PacifiCorp to Purchase Renewable Power from Large Independently Owned Generators
On April 19, 2018, the Oregon Public Utility Commission (Oregon PUC) rejected PacifiCorp’s proposed methodology for setting the avoided cost rates for larger qualifying facilities (QF), and required PacifiCorp to use a methodology that is more favorable to renewable QFs.
Oregon PUC Approves PGE’s Transportation Electrification Program
On February 16, 2018, the Oregon Public Utility Commission (Oregon Commission) adopted an opposed settlement and allowed Portland General Electric Company (PGE) to undertake three pilot programs designed to accelerate transportation electrification, including increased PGE ownership of charging stations. The Oregon Commission, however, modified provisions in the stipulation addressing future meetings and processes related to developing specific learnings from PGE’s pilot programs to allow broader participation.
Oregon PUC Exercises Primary Jurisdiction Over Executed PURPA Contract
On January 25, 2018, the Oregon Public Utility Commission (Oregon Commission) elected to take jurisdiction over a contract dispute between a qualifying facility (QF) Pacific Northwest Solar (PNW Solar) and Portland General Electric Company (PGE). The Oregon Commission became one of the only state agencies to conclude that it should resolve post-contract execution decisions and breaks from almost forty years of Oregon court case law in which QF contract disputes were resolved by the courts rather than an administrative agency.
Oregon PUC requires PGE to Offer 15 Year Fixed Price QF Contracts
On July 13, 2017, the Oregon Public Utility Commission (Oregon Commission) ordered PGE to begin allowing qualifying facilities (QF) the option to enter into power purchase agreements (PPA) with fifteen years of fixed prices. The order was consistent with the Oregon Commission’s previously articulated policy that Oregon utilities must offer PPAs with fixed-price periods of fifteen years.
Oregon PUC Adopts Community Solar Rules
On June 29, 2017, the Oregon Public Utility Commission (Oregon Commission) adopted rules to implement a community solar program as required by Senate Bill 1547. The community solar rules are far more limited than envisioned by the legislature, but may provide for a framework for a modest community solar program.
SouthWest Water Acquires Running Y and Cline Butte Water Utilities
In May 2017, the Oregon Public Utility Commission (Oregon Commission) approved the sale of Cline Butte Water and Running Y, two regulated water utilities, to SouthWest Water Company (SouthWest). The Oregon Commission concluded that SouthWest was a well qualified purchaser and that the acquisition promises operational benefits to customers.
D.C. Circuit Court Affirms FERC Order in Wind Farm Complaint Against PGE
On April 25, 2017, the U.S. Court of Appeals for the D.C. Circuit (Circuit Court) dismissed petitions for review by PáTu Wind Farm (PáTu) and Portland General Electric Company (PGE) appealing Federal Energy Regulatory Commission (FERC) orders requiring PGE to purchase the full net output delivered by PáTu and rejecting PáTu’s request that PGE accept the power through specific transmission arrangements called dynamic transfer.
Oregon Commission Adopts Guidelines and Requirements for Energy Storage Procurement
In the final days of 2016, the Oregon Public Utility Commission (Commission) issued an order implementing House Bill 2192 (HB 2193) and setting the stage for energy storage in Oregon. The Commission’s order adopts: 1) guidelines for utilities to submit proposals for authorization to develop storage projects; 2) requirements for evaluating a utility’s system-wide storage potential; and 3) minimum competitive bidding requirements for energy storage procurement.
Oregon PUC Affirms PacifiCorp Power Costs
On December 20, 2016, the Oregon Public Utility Commission (Oregon Commission) approved PacifiCorp’s transition adjustment mechanism (TAM) filing, which sets its annual power costs and direct access stranded cost exit fees on customers that choose to purchase power from third party electricity service suppliers (ESS). The Oregon Commission essentially agreed with PacifiCorp on all major issues, rejecting recommendations by its Staff, industrial and residential customers, and an ESS.