ORS 757.292: Classification of service; separate and distinct; cost allocation; mitigation of risk to other classes.

(1) As used in this section and ORS 757.295: (a) “Costs of serving” includes, as applicable, the costs incurred by an electric company in providing transmission, distribution, energy, capacity or ancillary electricity services, and any related costs or associated risks with serving a class of retail electricity consumers or a retail electricity consumer. (b) “Electric company” and “retail electricity consumer” have the meanings given those terms in ORS 757.600. (c) “Facility” means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by or is under common control with such person. (d) “Large energy use facility” means a facility that uses or is able to use 20 megawatts or more and is primarily engaged in providing a service described under code 518210 of the 2022 North American Industry Classification System. (2) The Public Utility Commission shall provide for a classification of service under ORS 757.230 for retail electricity consumers that are large energy use facilities. The classification of service must be separate and distinct from classifications of service for other commercial or industrial retail electricity consumers and have its own tariff schedule. Any tariff schedule adopted by the commission for the class must: (a)(A) Allocate the costs of serving the class of retail electricity consumers that are large energy use facilities to the class in a manner that is equal or proportional to the costs of serving the class; or (B) Directly assign the costs of serving a retail electricity consumer that is a large energy use facility to the retail electricity consumer; (b) Meet the same conditions the commission requires for a contract under ORS 757.295 (1)(b)(A)(v); and (c) Mitigate the risk of: (A) Other classes of retail electricity consumers paying unwarranted costs; and (B) Shifting the costs, in an unwarranted manner, of serving a retail electricity consumer that is a large energy use facility to other classes of retail electricity consumers, including costs of an electric company to meet load requirements resulting from the provision of electricity service to a retail electricity consumer that is a large energy use facility. (3) In deciding whether to approve a proposed tariff schedule of an electric company for a classification of service described under subsection (2) of this section, the commission shall consider whether the rates: (a) Result in, or have the potential to result in, increased costs or unwarranted risk to other retail electricity consumers; (b) Provide for equitable contributions to grid efficiency, reliability and resiliency benefits; (c) Impede the electric company’s ability to meet the clean energy targets set forth in ORS 469A.410 or reduce the emissions of greenhouse gases consistent with state policy; (d) Allow for procurement of or contracts for generation resources that support the electric company’s ability to meet the clean energy targets set forth in ORS 469A.410 or reduce the emissions of greenhouse gases consistent with state policy; and (e) Meet any other conditions the commission may require in the public interest. [2025 c.323 §2] Sec. 3. An electric company and a retail electricity consumer that is a large energy use facility are not required to use a classification of service provided for under section 2 of this 2025 Act [757.292] if the Public Utility Commission has not approved for the electric company a tariff schedule for the classification of service. [2025 c.323 §3] Sec. 4. Section 3 of this 2025 Act is repealed on January 2, 2028. [2025 c.323 §4]