House Bill 3681, signed into law in June, aims to speed up energy transmission projects in Oregon. One provision changes the scope of investigations by the state utility commission regarding overhead transmission lines.
That process is now underway in Medford, where Pacific Power is seeking to build a high-voltage line between two existing substations. A certificate from the commission would help the power company if it needs to use eminent domain to acquire land.
Administrative Law Judge John Mellgren, who is overseeing the case, said during a public hearing this week that the law changes how projects are approved.
“The Commission considers whether the proposed transmission line meets a need for increased transmission capacity and reliability in the electric grid," he said. "And this is the first time that this standard will be interpreted by the Commission.”
Previously, commissioners determined whether the project was in the public interest. The commission could also require the power company to obtain local land use approvals first.
The new law doesn’t take effect until Jan. 1, 2026. Commission staff are seeking to block Pacific Power’s request to waive the old requirements.
Pacific Power, a subsidiary of PacificCorp, said that because a decision is expected in February, the new standards will apply by then and proactively using them now would make things quicker and more efficient.
Commission staff said that could lead to an inadequate investigation, and that Pacific Power is essentially asking the commission to make a preliminary decision with limited information.
"PacifiCorp’s perspective is that 'the Commission’s review is narrower as a result of HB 3681,'" the staff response reads. "Staff has not reached this conclusion and wants to continue with its current analysis while focusing on the future statutory language."
Mellgren said to expect a decision on the waiver soon.