View Amendment Current Amendment: 38a to Bill 4950 Rep. J.E. SMITH proposes the following Amendment No. 38a to H.4950 as passed by the House
(Doc Name COUNCIL\SA\4950C029.DKA.SA18.DOCX):

EXPLANATION:

Amend the bill, as and if amended, Part IB, Section 73, OFFICE OF REGULATORY STAFF, page 411, after line 26, by adding an appropriately numbered paragraph to read:

/      (ORS: Base Load Review Act Prudence)      (A)      In the current fiscal year, pursuant to Section 58-33-277 and requirements of entities subject to Title 58 of the 1976 Code, from the funds appropriated to the Office of Regulatory Staff, the office shall consider the following regarding reports to, contents of, and on-going monitoring by Office of Regulatory Staff:
           (1)      'Imprudent' or 'imprudence' includes, but is not limited to, lack of caution, care, or diligence as determined by the Public Service Commission in regard to any action or decision taken by the utility or one acting on its behalf including, but not limited to, its officers, board, agents, employees, contractors, subcontractors, consultants affecting the project, or any other person acting on behalf of or for the utility affecting the project. Imprudent or imprudence includes, but does not require, a finding of negligence, carelessness, or recklessness.
     Imprudence on behalf of any contractor, subcontractor, agent, or person hired to construct a plant or perform any action or service on behalf of the utility must be attributed to the utility.
     Imprudence includes, but is not limited to, any one or more of the following:
           (a)      failure to timely disclose and provide to the commission or the Office of Regulatory Staff any report, study, analysis, or written communication material to a particular project prepared by a third party engaged or caused to be engaged by the utility and furnished to the utility which relates to the management, supervision, or oversight of the project, the budgeted costs of the project, the performance of contractors or subcontractors on the project, or the scheduled completion date of the project;
           (b)      inappropriate or poor management or oversight decisions in the construction of the project including, but not limited to, failure to keep knowledgeable utility management or supervisory personnel on the project site to ensure proper supervision and oversight of the project and its construction; and
           (c)      any other fact, factor, or relationship which indicates the lack of prudence as defined in this item as determined by the commission.
           (2)      'Prudent', 'prudence', or 'prudency' means a high standard of caution, care, and diligence in regard to any action or decision taken by the utility or one acting on its behalf including, but not limited to, its officers, board, agents, employees, contractors, subcontractors, consultants affecting the project, or any other person acting on behalf of or for the utility affecting the project.
     To the extent a utility enters a contract with a third party that delegates some or all decision-making authority related to the project, the utility retains the burden of establishing the prudency of specific items of cost or specific third-party decisions.
     'Prudent', 'prudence', or 'prudency' also requires that any action or decision be made in a timely manner.
     In determining whether any action or decision was prudent, the commission shall consider, including, but not limited to:
           (a)      whether the utility acts in a timely manner, with any passage of time which results in increased costs or expense prior to the utility acting or making the decision weighing against a finding of prudency;
           (b)      whether prior actions or decisions by the utility were imprudent and such imprudent actions led to a decision by the utility that could otherwise be prudent. Such circumstances weigh against a finding of prudency; and
           (c)      any other relevant factors, including commission of a fraudulent act, which are deemed not to be prudent.
     As used in subitem (c), 'fraud' includes, in addition to its normal legal connotation, concealment, omission, misrepresentation, or nondisclosure of a material fact in any proceeding or filing before the commission or Office of Regulatory Staff. Proceedings and filings to which the provisions of this paragraph apply include, but are not limited to, rate or revised rate filings, responsive filings, motions, pleadings, briefs, memoranda, document requests, and other communications before the commission or Office of Regulatory Staff.
     (B)      The costs associated with the implementation of this proviso must be from the funds appropriated to the Office of Regulatory Staff.      /

Renumber sections to conform.
Amend totals and titles to conform.