ORS 758.435: Application for allocation of territory; hearing on application; notice.

(1) Any person providing a utility service in a territory that is not served by another person providing a similar utility service may file an application with the Public Utility Commission for an order allocating such territory to the person providing the utility service. The application may include any adjacent area when it is more economical and feasible to serve the adjacent area by an extension of the applicant’s existing facilities than by an extension of the facilities of another person. An application must include a copy of the notice of the filing to be given to all customers of record, and the applicant shall, within 30 days after filing an application under this section, give notice of the filing in the manner provided by subsection (4) of this section. (2) Within 30 days after the filing of an application under this section, the commission shall give notice of the filing to all providers of similar utility services in the areas adjacent to the area covered by the application. (3) If the commission chooses, or if a customer requests a hearing on the matter within 30 days of the notice, the commission shall hold a hearing by telephone, video conference or other electronic means of communication or in person. The commission shall give notice of the hearing in the manner provided by subsection (4) of this section within 30 days of the request. The notice shall set the date and place of hearing. The hearing shall be held at a place within or conveniently accessible to the territory covered by the application. (4)(a) A notice given pursuant to this subsection shall be given: (A) By mail or electronic mail to all customers of record in the area covered by the application; (B) By press release to news media local to the area covered by the application; and (C) By publication in one or more newspapers of general circulation in the area covered by the application at least once weekly for two successive weeks. (b) The notice must include a description of the area covered by the application and the general rate impact to existing customers. (5) Territory within the limits of a city, as fixed on May 31, 1961, shall not be deemed to be served exclusively by any person, if such city is, on such date, served by more than one person having necessary municipal or franchise authority to serve within the entire city. [Formerly 757.640; 1985 c.633 §1; 2023 c.53 §6]