1. (1) If a water utility that serves less than 500 customers and is not rate regulated seeks to increase its rates to a level that exceeds a threshold established in OAR 860-036-1910, the water utility must:

   1. (a) Provide a separate written notice to all customers of the proposed increase that complies with the notice requirements under section (2) of this rule;
   2. (b) Post the notice in its office and website, if available; and
   3. (c) On the same day that notice is provided to the customers, mail or deliver a copy of the customer notice to the Consumer Services Section and attach a current customer list that includes the customer name, account number, mailing address, and service addresses if different.

2. (2) The customer notice must:

   1. (a) State in bold letters at the top of the notice,

      “NOTICE OF PROPOSED WATER RATE INCREASE AND CUSTOMERS RIGHT TO PETITION FOR RATE REGULATION;”

   2. (b) State the date of the notice;
   3. (c) Provide the information required by OAR 860-036-1100(2);
   4. (d) State the reasons the water utility is requesting the proposed change;
   5. (e) Show a comparison of the current rates and the proposed rates for each affected customer classes;
   6. (f) State the date when the proposed rates are intended to become effective. The effective date must be at least 60 calendar days from the date of the notice or the date the Consumer Services Section receives its copy of the notice, whichever is later;
   7. (g) State that customers may request a complete customer list from the water utility to be provided within 10 business days; and

   8. (h) Include the following statement:

      “NOTICE FROM THE PUBLIC UTILITY COMMISSION OF OREGON

      Customers have the opportunity to file a petition to have the water utility’s rates regulated by the Commission. The water utility is proposing rates in excess of the threshold levels set by the Commission. If the Commission receives valid petitions from at least 20 percent of the customers, the Commission will assert jurisdiction over your water utility. Rate regulation requires that all rates and rate changes be approved by the Commission. If the Commission does not receive the sufficient number of valid customer petitions, the water utility’s proposed rates will take effect on the date indicated.”“Petition forms are available on the Commission's website at https://www.oregon.gov/puc/utilities/Pages/Water-Petition-4-Regulation.aspx.  The petitions must be completed and signed by the customer and must be received by the Commission within 45 days of this notice. Copies of petitions or petitions without an original signature will not be accepted.” “Completed petitions must be mailed to the Consumer Services Section, PO Box 1088, Salem, Oregon 97308-1088 or delivered to 201 High Street SE, Suite 100, Salem, Oregon 97301. Petitions may not be filed electronically. Petitions may not be withdrawn or rescinded. Customers with questions may contact the Consumer Services Section at 1-800-522-2404.”

Statutory/Other Authority

ORS 183, 756 & 757

Statutes/Other Implemented

ORS 756.040

History

PUC 2-2021, minor correction filed 03/23/2021, effective 03/23/2021
PUC 1-2017, f. & cert. ef. 1-24-17