Or. Admin. R. 860-021-0033 - Annual Fees Payable to the Commission by an Electric Utility
(1) On statement
forms prescribed by the Commission, each electric company must provide the
requested information for the subject year.
(2) Each electric company must pay to the
Commission an annual fee on gross operating revenues derived within Oregon at a
rate determined by Commission orders entered on or after March 1 of each year.
Each electric company must pay the annual fee on or before the date specified
in a notice, which date must be at least 15 days after the mailing of the
notice. For the purpose of this section, the gross operating revenues of an
electric company do not include revenues from sales of power for resale to the
extent that the revenues from those sales exceed an amount equal to 25 percent
of the total revenues received by the electric company from sales of
electricity to end users in the preceding calendar year.
(3) Each electric company must pay to the
Commission:
(a) A minimum annual fee of $10.
The annual fee is due on or before April 1 of the year after the calendar year
on which the annual fee is based.
(b) A late statement fee in accordance with
OAR 860-001-0050, if the Commission has not received the electric company's
statement form, completed in compliance with section (1) of this rule, on or
before 5 p.m. Pacific Time on the fifth business day following the due
date.
(c) A penalty fee for failure
to pay the full amount when due, as required under ORS
756.350.
(d) A service fee in accordance with OAR
860-001-0050 for each payment returned for non-sufficient funds.
(e) All costs incurred by the Commission to
collect a past-due annual fee from the electric company.
(4) The annual fee payment must be received
by the Commission no later than 5 p.m. Pacific Time on the due date. A payment
may be by cash, money order, bank draft, sight draft, cashier's check,
certified, or personal check. A payment made by check will be conditionally
accepted until the check is cleared by the bank on which it is drawn.
(5) For any year in which an electric
company's statement form was due, the Commission may audit the electric company
as the Commission deems necessary and practicable:
(a) The Commission's audit must begin no
later than three (3) years after the statement form's due date.
(b) If the Commission determines that the
electric company has underreported its subject revenues, the Commission may
assess an additional annual fee, along with a penalty fee for failure to pay
under ORS 756.350.
(c) If the Commission determines that the
electric company has overpaid its annual fee, the Commission may, at its
discretion, recompense the electric company with a refund or a credit against
annual fees subsequently due.
Notes
Stat. Auth.: ORS 183 & 756
Stats. Implemented: ORS 756.310, 756.320 & 756.350
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