1. (1) Nothing in ORS 757.669 to 757.687 is intended to impair the rights or obligations of any party to net billing agreements. Notwithstanding any other provision of ORS 757.600 to 757.667, 757.676 and 757.687, and in the event a participating utility is required to make payments pursuant to a net billing agreement, the governing body of a participating utility may levy a rate, fee or charge, including a nonbypassable distribution system access charge against retail electricity consumers located within the utility’s service territory, to meet its obligations.

2. (2) As used in this section:

   1. (a) “EWEB” means the City of Eugene, Oregon, acting by and through the Eugene Water and Electric Board.

   2. (b) “Net billing agreements” means those certain agreements that provide for the payment, through net billing of costs of certain nuclear power projects, including the payment of bonds, notes or other evidences of indebtedness issued by EWEB and by the supply system, respectively, to pay such project costs entered into prior to July 23, 1999:

      1. (A) Between the administrator of the Bonneville Power Administration and EWEB;
      2. (B) Among a participating utility, the administrator of the Bonneville Power Administration and EWEB; or
      3. (C) Among a participating utility, the administrator of the Bonneville Power Administration and the supply system.
   3. (c) “Participating utility” means a consumer-owned utility established by, or organized and existing under, the Oregon Constitution and laws of the State of Oregon, and that is a party to a net billing agreement.
   4. (d) “Supply system” means the Washington Public Power Supply System, a municipal corporation or joint power agency organized and existing under and pursuant to the laws of the State of Washington.

[1999 c.865 §25]