1. (1) Except as provided in section (2) and (3) of this rule, a water utility serving less than 500 customers is not subject to Commission regulation and need not pay an annual revenue fee.

2. (2) A water utility serving less than 500 customers is subject to service regulation if:

   1. (a) The Commission determines that the water utility has provided discriminatory service; or
   2. (b) The water utility charges an average annual residential rate that exceeds $24 per month.

3. (3) A water utility serving less than 500 customers is subject to rate and service regulation if:

   1. (a) The water utility also provides wastewater services within the boundaries of a city;
   2. (b) The water utility requests that it be subject to rate and service regulation as provided in OAR 860-036-1940; or
   3. (c) The water utility proposes to charge a monthly rate that exceeds the threshold level set forth in OAR 860-036-1910 and at least 20 percent of the customers petition the Commission requesting the water utility be subject to rate and service regulation.
4. (4) A water utility serving 500 or more customers is subject to rate and service regulation. When a water utility’s customer count exceeds 500 customers, the Commission will issue an order establishing the water utility's regulatory status as a rate-regulated water utility.

Statutory/Other Authority

ORS 183, 756 & 757

Statutes/Other Implemented

ORS 757.061 & 757.063

History

PUC 1-2017, f. & cert. ef. 1-24-17