RESOLUTION No. 36205

Authorize the City Attorney to intervene and participate in the Oregon Public Utility Commission review of the application of Oregon Electric Utility Company to acquire Portland General Electric Company (Resolution)

WHEREAS, on March 2, 2004, the Oregon Public Utility Commission issued a notice indicating that it anticipates receiving an application from Oregon Electric Utility Company, (“Oregon Electric”) for an order authorizing Oregon Electric to acquire Portland General Electric Company (“PGE”) (UM 1121), and,

WHEREAS, PGE is one of two private electric utilities serving customers within the City of Portland, Oregon, providing electricity services, and utility management, and;

WHEREAS, the City of Portland has broad authority under its home rule charter to oversee the activities of utilities within its boundaries, including through the granting of franchises and the issuance of permits, and is also responsible for the orderly management of public rights-of-way within its boundaries; and;

WHEREAS, PGE claims that it operates within the City of Portland under five franchises issued before the turn of the twentieth century, however, the continuing legal validity of these franchises is unresolved; and;

WHEREAS, Portland also regulates utility use of the public right-of-way for constructing, operating and maintaining poles, conduits and other facilities under Title 17 of the City Code, and;

WHEREAS, existing City policies encourage the conservation of resources, and the provision of services for low income consumers and small businesses, and;

WHEREAS, participation as a party in UM 1121 would permit the City to: (1) obtain important information regarding the terms of this corporate transaction; (2) be informed of other parties’ actions and comments; and, (3) be actively involved in advocating for the benefit of Portland citizens, and;

WHEREAS, the potential impact upon PGE’s rates, services and other matters will not be available to persons with non-party status in UM 1121, nor may non-parties submit comments in the proceeding, and;

WHEREAS, in the March 2, 2004 notice, the administrative law judge indicated that she will schedule a prehearing conference in UM 1121 to set dates in the proceeding; and directed that petitions to intervene should be submitted prior to the March 16^th prehearing conference by all those who wish to participate as parties in this proceeding.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Portland, that the City Attorney is hereby authorized and directed to intervene on behalf of the City as a full party in Oregon Public Utility Commission proceeding UM 1121, and such subsequent proceedings as may occur, to present the City’s views and protect its interests and the interests of its citizens as may be necessary.

Commissioner Erik Sten

Susan Anderson/B. Walters

03/03/04

BACKING SHEET INFORMATION

AGENDA NO. 231-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36205