OAR 860-037-0535: Information Required Regarding Wastewater Utility Goods or Services Provided to Affiliated Interests

(1) Except as provided in section (4) of this rule, this rule applies to wastewater utilities seeking to provide, or contracting to provide, directly or indirectly, to any person or corporation having an affiliated interest as defined in ORS 757.015 or any corporation defined in 757.490(1), service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legal, or other services, or entering revenues or credits therefore on its books. This rule does not apply to transactions subject to ORS 757.490 or 757.495 and OAR 860-037-0030. (2) A wastewater utility’s failure to submit this required information shall not limit the Commission’s authority to recognize or impute revenues to the wastewater utility pursuant to such contract in any rate valuation or other hearing or proceeding. (3) For transactions provided in section (1) of this rule, every wastewater utility shall submit to the Commission, in the manner and form indicated, the following information: (a) Its exact name and the address of its principal business office; (b) The name of the person authorized on the wastewater utility’s behalf to receive notices, inquiries, and communications regarding the information; (c) A statement describing the relationship between the wastewater utility and the other contracting entity as defined by ORS 757.015 or 757.490; (d) The pecuniary interest, directly or indirectly, of any officer or director who is a party to the contract; (e) A description of the goods or services to be provided, the costs incurred in providing those goods or services, the market value of the goods or services if different from the costs, and the method or methods proposed for pricing those goods or services; (f) An estimate of the amount the wastewater utility expects to receive annually for the goods or services and the accounts in which the payments are recorded; (g) The reasons relied upon by the wastewater utility for providing the proposed goods or services and the benefits, if any, wastewater utility customers and the general public will derive from the provision of goods or services; (h) A copy of the contract or agreement between the wastewater utility and the contracting entity that is the subject of this filing; and (i) Copies of all resolutions of directors of the wastewater utility authorizing the proposed transactions and, if approval of the wastewater utility’s stockholders was obtained, copies of the resolutions approved by the stockholders. (4) This rule shall not apply to wastewater utilities seeking to provide or contracting to provide, directly or indirectly, to any person or corporation having an affiliated interest as defined in ORS 757.015 or any corporation defined in ORS 757.490(1): (a) Any service provided under a rate or schedule of rates filed with the Commission under ORS 757.210; or (b) Any service provided under a rate or schedule of rates that: (A) Has been filed with an agency charged with the regulation of wastewater utilities; (B) Has been approved as just and reasonable or in compliance with another comparable standard; and (C) Is available to a broad class of customers.