OAR 860-038-0220: Portfolio Options

(1) An electric company must provide each residential consumer who is connected to its distribution system with a portfolio of product and pricing options. An eligible customer may enroll in or exit renewable resource options at any time, subject to any switching fees approved by the Commission under subsection (8)(e) of this rule. The minimum term for customers enrolling in a market-based option is 12 months. Portfolio options will not be offered to large nonresidential consumers. (2) Sections (3) through (8) of this rule apply to residential portfolio product and pricing options. (3) By July 1 of each year, the Portfolio Options Committee will recommend portfolio options to the Commission that will be effective January 1 of the following year. Each recommended portfolio option shall specify a service period from 12 months to 36 months. The Commission is not bound by the recommendations of the Portfolio Options Committee. (4) The portfolio must include at least one product and rate that reflects renewable energy resources and one market-based rate. The Portfolio Options Committee will recommend the resource content of each renewable energy resource product. At least one renewable energy resource product will contain "significant new" resources. The Portfolio Options Committee will recommend a definition of "significant" based on an evaluation of resource availability, resource cost, and other factors. The portfolio options may include options for the collection of funds for future renewable resource purchases or collection of funds for energy related environmental mitigation measures such as salmon recovery. (5) Each electric company is responsible for administering the options, including but not limited to marketing and billing. (6) Each electric company must acquire the renewable supply resources necessary to provide the renewable energy resources product through a Commission-approved bidding process or other Commission-approved means. Each electric company may acquire the resources necessary to provide the other product and pricing options at its discretion. (7) Four months prior to the implementation of the portfolio product and pricing options an electric company must file tariffs for its portfolio options. (8) This section applies to residential and small nonresidential product and pricing options. An electric company must develop portfolio rates as follows: (a) The portfolio rates must be based on the unbundled costs identified through the application of OAR 860-038-0200; (b) The portfolio rates for any class of customer must be based on the unbundled costs to serve that class; (c) The portfolio rates must include any additional electric company costs that are incurred when a consumer chooses to be served under the portfolio rate option; (d) The portfolio rates must exclude electric company costs that are avoided when a consumer chooses to be served under the portfolio rate option; (e) An electric company may impose nonrecurring charges to recover the administrative costs of changing suppliers or rate options; and (f) Rates must be established so that costs associated with the development or offering of rate options are assigned to the retail electricity consumers eligible to choose such rate options. (9) This section applies to small nonresidential portfolio product and pricing options. The Portfolio Options Committee will recommend portfolio product and pricing options, if any, to the Commission for approval. The electric company must implement small nonresidential portfolio product and pricing options adopted by the Commission. (10) By March 31 for the prior calendar year, an electric company must acquire or issue renewable energy certificates in an amount at least equal to the electric company’s sales of renewable energy certificates to residential and small nonresidential consumers for each renewable resource option.