856-030-0000
Ratemaking — Substantive Elements

The Board shall for each pilotage ground, establish a rate structure that provides for efficient, economical, and competent pilotage services and fair compensation for pilotage services and expenses:

(1) In determining the number of pilot positions needed and fair compensation for services and expenses, the Board shall consider:

(a) The amount of activity, including number of vessels, number of pilot assignments, size of vessels by gross registered tonnage (GRT), length, and draft;

(b) Any change in the amount of activity since the last rate order;

(c) The public interest in prompt and efficient service;

(d) The professional skills and experience required of a pilot and the difficulty and inconvenience of providing the service, including time necessary to perform the service;

(e) Evidence of compensation for comparable maritime professions, including other state regulated pilotage associations;

(f) Evidence of the economic and market conditions existing both locally and within the region of any pilotage association used for the purpose of comparison;

(g) Total gross and net income for the pilots’ group since the last rate order, or as directed by the Board, including sources of income by tariff category; and

(h) Individual amounts paid to pilots since the last rate order, or as directed by the Board, which may be shown as both gross and adjusted gross income, as reported for tax purposes.

(2) For the purposes of subsection (1)(e) above, the Board shall at a minimum consider evidence of the compensation and benefits provided to pilots in pilotage associations serving Puget Sound and San Francisco.

(3) In determining compensation for expenses the Board shall consider evidence of appropriate expenses related to the provision of pilotage services as shown by records of the pilots’ group, and verified by an independent audit.

(4) In receiving evidence on any financial or economic issue, the Board or its hearings officer may require parties to submit independently audited or other financial records in order to hold all parties to a comparable standard of proof.

Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 776.115
History:
BMP 1-2012, f. & cert. ef. 5-29-12
BMP 3-2003, f. & cert. ef. 5-23-03
MP 3-1988, f. & cert. ef. 11-9-88
MP 2-1983, f. & ef. 12-15-83

856-030-0001
Capital Improvement Planning

(1) A pilot organization that intends to seek funding through pilotage rates at the next available ratemaking opportunity for reimbursement of the cost of a proposed major capital improvement is encouraged to notify the Board as soon as practicable. A "major capital improvement" is a change in an asset used for or in support of transportation, offices, accommodations, computing or communications that, if funded, would require an increase in revenue produced by rates of five (5) percent or more in the next rate case.  Repairs to or maintenance of a transportation asset is not a "change in" that asset.

(2) If a pilot organization notifies the Board of a proposed major capital improvement, the Board shall make time on its agenda for one or more of its regularly scheduled meetings for the presentation of information by the pilot organization and discussion of the proposed major capital improvement. The Board may, in addition, appoint a subcommittee of its members to meet with the organization of pilots and other interested parties to evaluate the proposed major capital improvement.

(3) A pilot organization choosing not to utilize the opportunity for Board planning participation provided by this section shall, when filing its pre-petition notice as required by section 856-030-0002, explain its reasons for not doing so.

(4) Major capital improvement expenses shall be submitted to the process provided by this section unless the proponent shows that compliance was prevented by reasons beyond its control and which the proponent could not have reasonably anticipated, or other circumstances make exclusion of the request for major capital improvement funding unjust.

Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 776.115
History:
BMP 7-2024, minor correction filed 04/09/2024, effective 04/09/2024
BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022
BMP 3-2003, f. & cert. ef. 5-23-03

856-030-0002
Pre-Petition Notice

(1) Any party intending to request a change in pilotage rates must, at least 90 days prior to petitioning the Board, file a notice of intent to petition with the Board, with a copy served on each pilot association, any association representing the interests of vessel owners or operators and any other party that participated in the most recent past rate proceedings. The notice shall contain an explanation of the proposed change, including a description of each new cost item not previously approved by the Board in a rate proceeding, any increase in a cost item previously approved by the Board where the increase is greater than five (5) percent over the amount expended during the prior calendar year, and any requested change in pilot compensation and benefits.

(2) Within 20 days after receipt of the first-filed notice of intent to petition, any other pilot association, any association representing the interests of vessel owners or operators, and any port within Oregon State pilotage grounds, may file their response to the notice, including a description of any intended opposition, intent to participate in the rate hearing without opposition, or notice of intent to petition for a change on another pilotage ground.

(3) If no party files an intent to oppose within 20 days under section two (2) of this rule, the Board may, in its discretion, waive up to 70 days of the pre-petition notice period.

Statutory/Other Authority: ORS 776 & 183
Statutes/Other Implemented: ORS 776.115, 776.183 & 183.415
History:
BMP 8-2024, minor correction filed 04/09/2024, effective 04/09/2024
BMP 3-2023, amend filed 03/10/2023, effective 03/10/2023
BMP 5-2008, f. & cert. ef. 4-28-08
BMP 3-2003, f. & cert. ef. 5-23-03

856-030-0010
Ratemaking — Petitions, Filing and Response

When the Board is petitioned to act under ORS 776.115(5), the following procedure shall be followed:

(1) An interested person may petition the Board requesting a hearing. The petition is deemed filed when received by the Board at its office. Before the petition can be accepted as filed, the person must deposit $1,000 with the Board to defray the expenses of the hearing. Deposits are also required with petitions filed for other pilotage grounds as provided in subsection (3)(a) of this rule.

(2) The petition must be in writing, signed by petitioner or petitioner's agent and containing a detailed statement of:

(a) The action requested of the Board, with a detailed listing of all cost items and any requested changes in compensation and benefits;

(b) Enough detailed facts to show petitioner's interest in the factors shown in ORS 776.115(5)(b) and in OAR 856-030-0000 if applicable;

(c) The extent to which the parties have been able to narrow or simplify issues pursuant to OAR 856-030-0003 prior to the petition being filed.

(d) The name and address of petitioner and of any other persons petitioner knows who may be interested in the proceeding; and a statement as to whether a copy of the petition has been served upon them.

(3) Upon receipt of the petition, the Board will mail a true copy of the petition and a copy of any applicable rules of practice to all parties named in the petition unless they have been previously served by petitioner. The Board will include in its mailing those who the Board believes have interest in the proceeding, including pilots' groups and owner/operator associations on all pilotage grounds. The mailing will be by certified or registered mail and will be deemed served on the date of mailing to the last known address of the person being served:

(a) The Board will advise all parties that they have 30 days to file with the Board and the petitioner a petition for another ground, a counter-petition or answer, or other applicable pleading or response. For good cause shown, the Board may extend the time for filing responses for a period not to exceed an additional 20 days. If representatives of pilotage grounds other than those of petitioner wish a rate change, they must file a petition or answer within the time period set by this;

(b) The responses filed by interested parties, whether counter-petitions or responses, must address the factors in ORS 776.115(5)(b) and in OAR 856-030-0000 and all related issues raised in the petition.

(4)(a) Effective December 1, 2020, within 45 days of the filing of a petition under this rule, the Board shall refer the matter to the Public Utility Commission for assignment of an administrative law judge to conduct the contested case hearing as required under ORS Chapter 776 and the rules adopted by the Board;

(b) The hearings officer will set the hearing for a date and time most convenient to the parties concerned, but not later than 90 days after the filing of the petition.

(5) Pre-hearing Conferences, Exhibits and Testimony:

(a) In order to make a more effective use of hearing time in formal proceedings and to expedite the orderly conduct and disposition of the proceedings, the hearings officer shall arrange for conferences between the parties to consider:

(A) Simplifying and clarifying the issues and eliminating irrelevant or immaterial issues;

(B) Obtaining stipulations as to facts, authenticity of documents, admissibility of evidence, and other matters;

(C) Such other aids to the orderly conduct and disposition of the proceeding as may be possible.

(b) Conferences may be called before the hearing, or the hearing may be recessed for a conference. The presiding officer shall state on the record the results of such a conference;

(c) Exhibits and testimony. The hearings officer shall require the parties to file proposed written testimony, witness lists, and proposed exhibits with the hearing officer and all other parties on a date before the date set for hearing, reserving rights of cross-examination. Any objections to the pre-filed testimony, witnesses, or proposed exhibits shall be resolved at the commencement of the hearing.

(d) When a party fails to file any written testimony, witness list, or proposed exhibit for the rate hearing within the time specified by the hearings officer, the late filing may be accepted if the hearings officer determines that there was good cause for failure to file the document within the required time. “Good cause” for the purposes of this rule exists when the delay arises from an excusable mistake, surprise, excusable neglect, reasonable reliance on the statement of the agency or hearings officer relating to procedural requirements, or from fraud, misrepresentation, or other misconduct of a party participating in the proceeding.

(6) Intervention. Any person with a material interest may by written petition seek permission to intervene in any proceeding before the Board. The petition shall contain:

(a) The name and address of the party intervening and the party's attorney, if any;

(b) Sufficient facts to show clearly the interest of the proposed intervention and how any action taken by the Board will affect that interest;

(c) The position of the party in the proceeding. Intervention shall not broaden the issues in the proceeding nor shall intervention delay the hearing or unfairly prejudice the other parties.

Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 183.413 - 183.470 & 776.115
History:
BMP 7-2021, amend filed 05/21/2021, effective 05/21/2021
BMP 6-2021, temporary amend filed 03/30/2021, effective 03/30/2021 through 09/25/2021
BMP 5-2021, amend filed 03/29/2021, effective 03/29/2021
BMP 1-2021, temporary amend filed 01/25/2021, effective 01/25/2021 through 07/23/2021
BMP 9-2019, amend filed 09/09/2019, effective 09/09/2019
BMP 1-2019, minor correction filed 01/23/2019, effective 01/23/2019
BMP 3-2003, f. & cert. ef. 5-23-03
MP 1-1996, f. & cert. ef. 5-9-96
MP 3-1988, f. & cert. ef. 11-9-88
MP 2-1984, f. & cert. ef. 10-4-84, Renumbered from 856-020-0115
MP 2-1983, f. & cert. ef. 12-15-83
PC 6-1972, f. 6-2-72, cert. ef. 6-15-72

856-030-0015
Conduct of the Hearing

(1) The hearing shall be conducted in accordance with ORS 183.425 to 183.464 and the Attorney General's Model Rules.

(2) If the hearings officer believes that additional evidence or written argument is necessary to complete the record, the officer may allow additional time for the presentation of further evidence on specific issues designated by the officer or for submission of written arguments. No further evidence or argument shall be received without notice to all parties or later than 10 days after the oral hearing. Any party presenting such evidence or argument shall provide copies to all parties.

(3) The hearings officer shall submit the officer's proposed order to the Board and to all parties within 30 days after the close of the hearing.

Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 183.425 & 776.115
History:
BMP 3-2003, f. & cert. ef. 5-23-03
MP 1-1996, f. & cert. ef. 5-9-96
MP 2-1984, f. & cert. ef. 10-4-84, Renumbered from 856-020-0120
MP 2-1983, f. & cert. ef. 12-15-83
PC 9, f. & cert. ef. 11-12-76
PC 6-1972, f. 6-2-72, cert. ef. 6-15-72

856-030-0020
Proposed Orders

(1) In any case heard under division 030, Ratemaking Procedures, the hearings officer shall prepare and serve on all members of the Board, and on all parties to the hearing, a proposed order which includes recommended findings of fact and conclusions of law.

(2) Any party to the proceeding may file written exceptions to the proposed order with the Board.  Written exceptions may include arguments about the hearing officer's findings of fact based on the record, the hearing officer's legal analysis, and the hearing officer's conclusions and recommendations.  No new facts or evidence may be introduced, and the Board will not consider any new facts or evidence.  Any written exceptions must be filed within 15 days of the date the proposed order is issued.

Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 183.464 & ORS 776.115
History:
BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022
BMP 3-2003, f. & cert. ef. 5-23-03
MP 3-1988, f. & cert. ef. 11-9-88
MP 2-1984, f. & cert. ef. 10-4-84, Renumbered from 856-020-0125
MP 2-1983, f. & cert. ef. 12-15-83
PC 6-1972, f. 6-2-72, cert. ef. 6-15-72

856-030-0025
Final Orders

(1) Every final order entered in a proceeding under division 30, Ratemaking Procedures, shall be in writing and shall be accompanied by findings of fact and conclusions of law, and by a citation of the statutes under which the order may be appealed.

(2) The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the order.

(3) Unless the Board determines that rehearing is necessary, the Board shall vote on issuing an amended proposed order or a final order at its next or second meeting after the time for filing exceptions has run. On a proceeding held under OAR 856-030-0010, the final order shall be effective on the date issued or the second anniversary date of the previous rate order, whichever is later.

(4) The Board shall determine the costs of the proceedings and assess such costs equitably among the parties involved as part of the final order.

Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 183.470 & ORS 776.115
History:
BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022
MP 2-1984, f. & ef. 10-4-84, Renumbered from 856-020-0130
MP 2-1983, f. & ef. 12-15-83
PC 6, f. 6-2-72, ef. 6-15-72

856-030-0030
Notification of Orders

The Board shall mail, by regular first class mail with a certificate of service, a copy of the final order and accompanying findings and conclusions to each party to the proceeding and, if applicable, to the party’s attorney of record.

Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 183.470
History:
BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022
MP 2-1984, f. & ef. 10-4-84, Renumbered from 856-020-0135
MP 2-1983, f. & ef. 12-15-83
PC 6, f. 6-2-72, ef. 6-15-72

856-030-0033
Board Initiated Rate Proceedings

For Board rate proceedings initiated on the Board’s own motion, the following shall apply:

(1) No proceeding shall be commenced unless at least seven voting members of the Board agree to do so.

(2) Only single-issue proceedings shall be considered or commenced.

(3) The following procedures shall be followed:

(a) The pre-petition notice and dispute resolution process shall not apply.

(b)  Upon Board decision to commence a rate proceeding, the Board shall provide notice of the change proposed, by certified or registered mail, to all parties to any rate order being affected, and to any other persons the Board believes have interest in the proceedings. The notice is deemed served on the date of mailing to the last known address of the person being served.

(c) The notice shall:

(A) Provide that all parties served have 30 days from the date of service to request a hearing, or provide an answer, other applicable pleading, or response. A request for hearing, an answer, pleading or other response shall be deemed filed on the day it is received at the Board’s offices. Weekend days are included in calculating these 30 days, but state holidays are not. However, if the 30th day falls on a weekend day, the first day that state offices are open following that weekend is the 30th day.

(B) Include the action proposed by the Board, with a detailed listing of all cost items and any requested changes in pilot compensation or a current rate order.

(C) Include a statement that any natural persons addressed in the notice who are active duty service members have a right to stay proceedings under the federal Service members Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar, the contact information for the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website.

(d) If no hearing is requested within 30 days of service of the notice, the Board may issue a final order upon default. If an answer, pleading, or other response is filed within 30 days but no request for hearing is filed within 30 days, no hearing shall be held. However, if no hearing is requested within 30 days, but an answer, pleading or other response is filed within those 30 days, the Board shall, at a minimum, consider and address the issues raised in the answer, pleading, or response in its final order. The Board may also issue an amended notice in reply to an answer, pleading, or other response timely received.

(e) No untimely request for a hearing shall be considered.

(f) If a hearing is requested, the Board request for an Administrative Law Judge from the Public Utility Commission shall be submitted within 60 days of the hearing request.

(g) The hearing shall be conducted in accordance with 856-030-0015.  

(h) No later than 14 days after the proposed order is issued, any party who would be adversely affected if the Board were to adopt the proposed order as a final order may file written exceptions to the Proposed Order with the Board. Written exceptions may include arguments about the hearing officer’s findings of fact based on the record, the hearing officer’s legal analysis, and the hearing officer’s conclusions and recommendations. No new facts or evidence may be introduced, and the Board will not consider any new facts or evidence.

(i) Every final order entered shall be in writing and shall be accompanied by findings of fact and conclusions of law, and by a citation of the statutes under which the order may be appealed.

(j) The findings of fact in every final order shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the order.

(k) The Board shall adopt the final order as soon as practicable.

(l) The Board shall determine the costs of the proceedings and assess such costs equitably among the parties involved, except for the Board, in any contested case hearing, as part of the final order.

Statutory/Other Authority: ORS 776.115
History:
BMP 8-2019, adopt filed 09/09/2019, effective 09/09/2019
BMP 7-2019, temporary adopt filed 07/19/2019, effective 07/19/2019 through 01/14/2020

856-030-0035
Pilotage Fee Waiver

Notwithstanding the terms of any applicable rate order, the Board may, in its discretion and upon the application of any pilot or pilots, permit the requesting pilot or pilots to waive all or part of any pilotage fees that would otherwise be due from a vessel, provided that:

(1) The waiver is sought for a noncommercial vessel.

(2) The application is in writing; is made in advance of pilotage services being rendered; and states the nature of the vessel and the reasons why the waiver should be granted.

(3) The Board may grant a waiver only upon a finding that it would be in the public interest to do so.

Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 776.115(7)
History:
MP 1-1995, f. & cert. ef. 1-13-95
MP 1-1994(Temp), f. 7-29-94, cert. ef. 8-1-94

856-030-0040
Transportation Oversight Committee

(1) For the purpose of making annual, automatic, cost-based adjustments to the transportation system cost component of the tariff funding the pilotage system for the Columbia River Bar pilotage ground, a Transportation Oversight Committee is established, composed of one public member of the Oregon Board of Maritime Pilots (Board), two members of the Columbia River Bar Pilots (CRBP), a representative of the Columbia River Steamship Operators Association and a representative of a port located on the Columbia River. The public member of the Transportation Oversight Committee will act as chair.

(2) Beginning in 2011, the Transportation Oversight Committee will meet as necessary but at least semiannually. The Transportation Oversight Committee will review long-term transportation system planning, will regularly review and make recommendations regarding transportation system costs and and the basis for those costs for the Columbia River Bar pilotage ground.

(3) Upon agreement of a majority of members, the Transportation Oversight Committee may submit data requests to the CRBP. Data requests are written interrogatories or requests for documentation. The data requests must be answered within 20 Board business days from the date of service. Each data request must be answered fully and separately in writing or with the documentation requested.

(4) On an annual basis beginning in 2011, the Transportation Oversight Committee shall make a recommendation to the Board regarding annual adjustments to the components of the Transportation System Cost of the pilotage system serving the Columbia River Bar pilotage grounds to reflect the best available information about changing economic conditions including expense levels shown by CRBP financial statements and Transportation Oversight Committee projections. The Transportation System Cost components include the following line item categories: helicopter service; repairs and maintenance infrastructure; repairs and maintenance; insurance; boat operator expense; employee wages; employee benefits; transportation launch expense; food vessel expense; taxes and licenses; and administrative/accounting. The recommended adjustments to one or more of the components of the Transportation System Cost shall be developed by the Transportation Oversight Committee and submitted in writing to the Board by July 31 of each year.

(5) In the event the Transportation Oversight Committee cannot reach agreement on one or more of the components of the Transportation System Cost, the competing views shall be described in appropriate memoranda drafted by one or more representative of the Transportation Oversight Committee and submitted to the Oregon Board of Maritime Pilots. The submission from the Transportation Oversight Committee shall be considered by the Oregon Board of Maritime Pilots at a meeting that occurs on or before August 31 of each year so that the Committee’s recommendations can be considered and any disputed issue decided in order for any adjustments to the components of the Transportation System cost to be effective on September 1 of that year.

Statutory/Other Authority: ORS 776 & 670
Statutes/Other Implemented: ORS 776.115 & 670.310
History:
BMP 2-2018, amend filed 03/20/2018, effective 03/20/2018
BMP 7-2016, f. & cert. ef. 11-22-16
BMP 4-2016(Temp), f. & cert. ef. 5-25-16 thru 11-20-16
BMP 2-2011, f. 6-28-11, cert. ef. 6-29-11

856-030-0045
Rates in Coos Bay and Yaquina Bay for Vessels in an Emergency

Regular rates set by the current rate order shall be used for a vessel in an emergency under ORS 776.600(1)(b).

Statutory/Other Authority: ORS 776.115 & ORS 776.600
Statutes/Other Implemented: ORS 776.115(7) & ORS 776.600(1)(b)
History:
BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022
BMP 1-2013, f. 1-29-13, cert. ef. 1-31-13