OAR 731-040-0061: Process for Approving Revised Rates on Interstate Bridges

(1) This rule applies to a tollway operator’s proposal to revise the tolls on a tollway on an interstate bridge that is or will be a state highway under the Department’s jurisdiction, including proposals submitted by the department, or jointly with the department under ORS 381.010 (Columbia River bridges) or ORS 381.098 (Snake River bridges). Approval of revised toll rates on these interstate bridges is also subject to the requirements of OAR 731-040-0056. (2) The Department will consider the operator’s performance review(s), described in OAR 731-040-0065, evaluate the proposed revisions and provide a recommendation to the Commission. (3) The Commission will consider the Department’s recommendation, and all of the following: (a) Whether another state has any authority over the bridge. (b) Whether the proposed toll schedule has been authorized, or is expected to be authorized, by the governing body with jurisdiction over the project in the other state linked to Oregon by the bridge. (c) Whether the proposal is consistent with any conditions imposed by the governing body with jurisdiction over the proposed toll schedule in the other state, if any. (d) Whether the proposer has legal authority to approve the toll schedule in the other state, and if not, the level of coordination between the proposer and the entity having such authority. (4) The Commission will approve, conditionally approve, or disapprove a proposal to revise toll rates. A Commission decision is issued in writing.