OAR 860-021-0033: Annual Fees Payable to the Commission by an Electric Utility

(1) On statement forms prescribed by the Commission, each electric company must provide the requested information for the subject year. (2) Each electric company must pay to the Commission an annual fee on gross operating revenues derived within Oregon at a rate determined by Commission orders entered on or after March 1 of each year. Each electric company must pay the annual fee on or before the date specified in a notice, which date must be at least 15 days after the mailing of the notice. For the purpose of this section, the gross operating revenues of an electric company do not include revenues from sales of power for resale to the extent that the revenues from those sales exceed an amount equal to 25 percent of the total revenues received by the electric company from sales of electricity to end users in the preceding calendar year. (3) Each electric company must pay to the Commission: (a) A minimum annual fee of $10. The annual fee is due on or before April 1 of the year after the calendar year on which the annual fee is based. (b) A late statement fee in accordance with OAR 860-011-0110, if the Commission has not received the electric company’s statement form, completed in compliance with section (1) of this rule, on or before 5 p.m. Pacific Time on the fifth business day following the due date. (c) A penalty fee for failure to pay the full amount when due, as required under ORS 756.350. (d) A service fee in accordance with OAR 860-011-0110 for each payment returned for non-sufficient funds. (e) All costs incurred by the Commission to collect a past-due annual fee from the electric company. (4) The annual fee payment must be received by the Commission no later than 5 p.m. Pacific Time on the due date. A payment may be by cash, money order, bank draft, sight draft, cashier’s check, certified, or personal check. A payment made by check will be conditionally accepted until the check is cleared by the bank on which it is drawn. (5) For any year in which an electric company’s statement form was due, the Commission may audit the electric company as the Commission deems necessary and practicable: (a) The Commission’s audit must begin no later than three (3) years after the statement form’s due date. (b) If the Commission determines that the electric company has underreported its subject revenues, the Commission may assess an additional annual fee, along with a penalty fee for failure to pay under ORS 756.350. (c) If the Commission determines that the electric company has overpaid its annual fee, the Commission may, at its discretion, recompense the electric company with a refund or a credit against annual fees subsequently due.