Or. Admin. Code § 856-030-0001 - Capital Improvement Planning

(1) A pilot organization that intends to seek funding through pilotage rates at the next available ratemaking opportunity for reimbursement of the cost of a proposed major capital improvement is encouraged to notify the Board as soon as practicable. A "major capital improvement" is a change in an asset used for or in support of transportation, offices, accommodations, computing or communications that, if funded, would require an increase in revenue produced by rates of five (5) percent or more in the next rate case. Repairs to or maintenance of a transportation asset is not a "change in" that asset.

(2) If a pilot organization notifies the Board of a proposed major capital improvement, the Board shall make time on its agenda for one or more of its regularly scheduled meetings for the presentation of information by the pilot organization and discussion of the proposed major capital improvement. The Board may, in addition, appoint a subcommittee of its members to meet with the organization of pilots and other interested parties to evaluate the proposed major capital improvement.

(3) A pilot organization choosing not to utilize the opportunity for Board planning participation provided by this section shall, when filing its pre-petition notice as required by section 856-030-0002, explain its reasons for not doing so.

(4) Major capital improvement expenses shall be submitted to the process provided by this section unless the proponent shows that compliance was prevented by reasons beyond its control and which the proponent could not have reasonably anticipated, or other circumstances make exclusion of the request for major capital improvement funding unjust.

Notes

Or. Admin. Code § 856-030-0001

BMP 3-2003, f. & cert. ef. 5-23-03; BMP 2-2022, amend filed 07/21/2022, effective 7/21/2022; BMP 7-2024, minor correction filed 04/09/2024, effective 4/9/2024

Statutory/Other Authority: ORS 776

Statutes/Other Implemented: ORS 776.115