Section 469A.440 - Temporary exemption; conflicts with reliability(1) Upon its own motion or at the request of an electric company, the Public Utility Commission may open an investigation pursuant to ORS 756.515(1) to determine whether to grant a temporary exemption to an electric company's compliance with one or more of the requirements of ORS 469A.052 or a clean energy plan adopted pursuant to ORS 469A.400 to 469A.475.(2) The commission may grant a temporary exemption if compliance:(a) Conflicts with or compromises an electric company's obligation to comply with mandatory reliability standards set by the North American Electric Reliability Corporation;(b) Violates or significantly impairs a resource adequacy requirement or recommendation of a multistate, regional or national entity;(c) Violates or significantly impairs an electric company's ability to comply with a Balancing Authority Area declaration of an energy emergency alert under categories 1 through 3, as designated by the North American Electric Reliability Corporation, or successor categories adopted after September 25, 2021;(d) Results, regardless of best efforts to secure cost-effective nonemitting energy resources or funding for energy efficiency and conservation, in the provision of service at other than fair and reasonable rates; or(e) Otherwise compromises the power quality or integrity of an electric company's system.(3) An electric company making a request under this section shall submit to the commission an application that includes:(a) An explanation of how compliance results in one or more of the issues described under subsection (2) of this section;(b) A description of how a temporary exemption from compliance with one or more of the requirements of ORS 469A.052 or a clean energy plan adopted pursuant to ORS 469A.400 to 469A.475 will avoid the issues identified under paragraph (a) of this subsection; and(c) A plan to achieve full compliance with the requirements of ORS 469A.052 or a clean energy plan adopted pursuant to ORS 469A.400 to 469A.475, including an estimate of the time needed to achieve full compliance.(4) In applying for a temporary exemption under this section, an electric company has the burden of demonstrating that the company's compliance will likely result in one or more of the issues described under subsection (2) of this section.(5) If, after investigation, the commission determines that compliance with one or more of the requirements of ORS 469A.052 or a clean energy plan adopted pursuant to ORS 469A.400 to 469A.475 will, more likely than not, result in one or more of the issues described under subsection (2) of this section, the commission shall:(a) Issue an order exempting the electric company from one or more of the requirements of ORS 469A.052 or a clean energy plan adopted pursuant to ORS 469A.400 to 469A.475 for a length of time sufficient to allow the electric company to achieve full compliance in a manner that does not result in one or more of the issues described under subsection (2) of this section.(b) Direct the electric company to take specific actions to remedy the potential issue or issues identified in the order.(c) Direct the electric company to file within six months from the date the order is issued, or within a length of time determined by the commission to be reasonable, a report on the company's progress toward achieving full compliance with the requirements of ORS 469A.052 or a clean energy plan adopted pursuant to ORS 469A.400 to 469A.475.(6) An order issued under subsection (5) of this section may not impose a penalty but may require the use of alternative compliance rates or payments, if applicable, as provided in ORS 469A.180 during the period of time a temporary exemption is in effect.(7) An electric company may request an extension of a temporary exemption granted under this section. The electric company shall include in the company's request for an extension the same information required under subsection (3) of this section and shall have the burden of proof described under subsection (4) of this section.(8) The commission shall provide the same opportunity to an electricity service supplier as provided an electric company under this section to receive a temporary exemption from compliance with one or more of the requirements of ORS 469A.052, 469A.065 or 469A.400 to 469A.475, or extension of such a temporary exemption, based on comparable procedures and criteria, to the extent the procedures and criteria under this section apply to an electricity service supplier as applied to an electric company under this section.(9) The commission may grant an electric company or electricity service supplier a temporary exemption that is comparable to a temporary exemption granted to another electric company or electricity service supplier without conducting a separate investigation under subsection (1) of this section, if the commission determines that the conditions that resulted in the granted temporary exemption holds for the electric company or electricity service supplier.(10) Nothing in this section is intended to permanently relieve an electric company or electricity service supplier of the obligation to comply with the requirements of ORS 469A.052, 469A.065 or 469A.400 to 469A.475.