- (1) OAR chapter 860 division 28 governs access to utility poles, conduits, and support equipment by occupants in Oregon.
- (2) OAR chapter 860, division 28 is intended to provide just and reasonable provisions when the parties are unable to agree on certain terms.
- (3) With the exceptions of OARs 860-028-0060 through 860-028-0080, 860-028-0115, and 860-028-0120, parties may mutually agree on terms that differ from those in this division. In the event of disputes submitted for Commission resolution, the Commission will deem the terms and conditions specified in this division as presumptively reasonable. If a dispute is submitted to the Commission for resolution, the burden of proof is on any party advocating a deviation from the rules in this division to show the deviation is just, fair and reasonable.
Statutory/Other Authority
ORS 183, 756, 757 & 759
Statutes/Other Implemented
ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675
History
PUC 3-2007, f. & cert. ef. 4-16-07