Oregon Statutes 543.660 – Authority of district to enlarge or modify water system and power generating facilities; joint district ventures; prohibitions; sale of energy; regulations
(1) A district, alone or jointly with other districts, electric cooperatives, as defined in ORS § 261.010, people’s utility districts, a cooperative as defined in ORS § 62.015, municipal corporations authorized to engage in generating and distributing electricity or public utilities, as defined in ORS § 757.005, engaged in the business of generating and distributing electricity, may enlarge or modify its water system for the purpose of generating electricity and may operate and maintain such facilities, notwithstanding any provision of paragraph (a) of this subsection. If a district already has hydroelectric generating capability, the district may enlarge or modify the district’s facilities used for generation of hydroelectric power. Two or more districts may, as a joint venture, generate electricity under ORS § 543.650 to 543.685 as long as the structure or facility that is enlarged or modified to produce the electricity is part of the water system of at least one of the districts participating in the joint venture. However, a district may not:
Terms Used In Oregon Statutes 543.660
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(a) Construct, acquire, operate or maintain any facility or structure that is not an enlargement or modification of the district’s water system solely or primarily for the purpose of generating electricity; or
(b) Be created solely or primarily for the purpose of constructing, acquiring, operating or maintaining hydroelectric facilities.
(2) A district shall sell the excess electric energy generated at such hydroelectric facilities to the Bonneville Power Administration, a public utility as defined in ORS § 757.005, an electric cooperative as defined in ORS § 261.010, a people’s utility district, a cooperative as defined in ORS § 62.015, a municipal corporation or a municipally owned utility. Any sale of excess electric energy shall be made in accordance with terms and conditions of the Federal Power Act, as amended by the Public Utility Regulatory Policies Act of 1978. As used in this subsection, ‘excess electric energy’ means electric energy not used by the district to meet its own electric pumping requirements.
(3) The board of directors of the district shall establish regulations governing electric energy generation and sale under this section.
(4) Electricity shall be sold under this section only at wholesale. [1981 c.420 § 3; 1985 c.561 § 5; 1995 c.195 § 44; 2003 c.802 § 80; 2005 c.22 § 381]