ORS 757.211: Commission to consider cumulative economic impact of proposed residential rates; analysis considerations; rules.

(1) As used in this section, “electric or natural gas company” means any entity that is a public utility that is engaged in the business of distributing electricity or natural gas to retail customers in this state. (2) In determining whether an electric or natural gas company’s proposed residential rate or schedule of rates to be established or increased or changed is fair, just and reasonable, the Public Utility Commission shall balance the interests of the utility investor and the consumer by considering the cumulative economic impact of the proposed rate or schedule of rates on the electric or natural gas company’s residential ratepayers. (3) An electric or natural gas company shall conduct and include with its filing an analysis of the cumulative economic impact of a proposed rate or schedule of rates on the electric or natural gas company’s residential ratepayers if the electric or natural gas company’s proposed residential rate or schedule of rates will result in an increase of residential rates and the electric or natural gas company’s return on equity is subject to review and modification. The analysis must take into consideration the following: (a) For each classification of service of the electric or natural gas company affected by the proposed rate or schedule of rates and, if applicable, distinguished by ratepayers who reside in single-family housing and ratepayers who reside in multifamily housing: (A) Ratepayers’ average monthly utility bill for the 18 months ending on the date before the date the proposed rate or schedule of rates is to take effect; (B) The approximate range of utility bills from November 1 to March 31 for the prior two years for residential ratepayers who use the utility service for space heating; and (C) The estimated dollar amount and percentage increase in ratepayers’ utility bills; (b) The average cost of living and cost of fuel and utilities for the region, state and, where available, service territory of the electric or natural gas company, as determined by the commission using the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor, and any other macroeconomic data as determined by the commission; (c) The electric or natural gas company’s data on residential service disconnection for nonpayment, including: (A) The number of ratepayers the electric or natural gas company disconnected for nonpayment in the previous 12 months; (B) The number of ratepayers receiving energy assistance, including any government assistance, utility bill discount or utility arrearage program, that the electric or natural gas company disconnected for nonpayment in the previous 12 months; (C) The number of ratepayers who have a medical certificate filed with the electric or natural gas company; and (D) Data related to customers who are enrolled in the electric or natural gas company’s energy assistance programs, including disconnection moratorium programs; (d) The electric or natural gas company’s data on overdue balances, as determined by the commission, such as: (A) The number of ratepayers who have an overdue balance; (B) The average amount of the overdue balances; or (C) The total amount of overdue balances owed to the electric or natural gas company; (e) Data on the cost of energy for commercial and industrial customers relative to the cost of energy for commercial and industrial customers in other states in the region together with historical trends; and (f) Any other relevant data, as determined by the commission, such as indicators of financial hardship, residential customer energy burden or affordability of utility bills. (4) The commission may contract or coordinate with other state agencies, energy assistance providers or the nongovernmental entity that administers funds collected pursuant to ORS 757.054, through natural gas tariffs or through public purpose charges pursuant to ORS 757.612, to collect data necessary to carry out this section. (5) The commission may establish rules to carry out this section, including rules that require electric and natural gas companies to gather information or data necessary to carry out this section. [2025 c.503 §2] Sec. 4. (1) Notwithstanding any other provisions of law, if an electric or natural gas company’s proposal to increase rates under ORS 757.210 subjects the electric or natural gas company’s return on equity to review or modification by the Public Utility Commission, the rate increase may not take effect within 18 months from the effective date of the electric or natural gas company’s last rate increase under ORS 757.210 that subjected the electric or natural gas company’s return on equity to review or modification by the commission. (2) Notwithstanding ORS 757.259, the commission shall consider and may approve deferred accounting for future cost recovery from ratepayers under an electric or natural gas company’s requested rate revision, if the rate revision subjects the electric or natural gas company’s return on equity to review or modification. (3) As used in this section, “electric or natural gas company” means a public utility, as defined in ORS 757.005, that is engaged in the business of distributing electricity or natural gas to retail customers in this state. [2025 c.503 §4] Sec. 5. Section 4 of this 2025 Act is repealed on the earlier of: (1) January 2, 2027. (2) The date the Public Utility Commission adopts permanent rules to implement section 7 of this 2025 Act [757.217]. [2025 c.503 §5]