ORDER NO. 98-544

ENTERED Dec 30 1998

This is an electronic copy. Appendices and footnotes may not appear.

OF OREGON

UE 100

DISPOSITION: MOTION TO AMEND ORDER NO. 96-306 GRANTED

On December 18, 1998, the Commission Staff (Staff) filed a motion to amend Order No. 96-306. In that order, the Commission opened an investigation into the rates of Portland General Electric Company (PGE), pursuant to ORS 756.515. The Commission also adopted a stipulation, in which PGE agreed among other things to make a general rate filing under ORS 757.210 within four months of a Commission order requesting that a filing be made. Under terms of the stipulation, the Commission could ask PGE to make the rate filing on or before December 31, 1998.

Staff now requests that the Commission amend Order No. 96-306 by extending the time in which the Commission can request a rate filing to December 31, 1999. In support of its request, Staff has attached a stipulation amending Paragraph III.1. of the original stipulation approved in Order No. 96-306. Staff requests that provision be deleted and replaced with the following language:

PGE agrees that, if the Commission gives PGE notice, prior to December 31, 1999 of its intent to investigate the reasonableness of PGE’s prices, such notice will not be effective until December 31, 1999, and PGE will file Testimony and Exhibits supporting a general rate case within four months of the effective date of such notice. Such filing will be pursuant to ORS 757.210.

Staff notes that both PGE and the Industrial Customers of Northwest Utilities (ICNU) have signed the amending stipulation and support Staff’s request. Furthermore, the Commission received no responses opposing the motion.

Under ORS 756.568, the Commission may, upon notice and opportunity to be heard, amend any order by the Commission. After review, the Commission believes that Staff’s unopposed request to amend Order No. 96-306 is reasonable and should be granted. The amending stipulation, attached as Appendix A, is adopted.

ORDER

IT IS ORDERED that Order No. 96-306 is amended. The stipulation, set forth in Appendix A, is adopted. Paragraph III.1. of the original stipulation adopted in Order No. 96-306 is deleted and replaced with the language set forth above.

 Made, entered, and effective ____________________________.

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements of OAR 860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0070. A party may appeal this order to a court pursuant to ORS 756.580.