(a) Customers of the utility are without service and are likely to remain without service for an unreasonable period of time;
(b) The utility is unwilling or unable to make emergency repairs, or cannot be found after reasonable effort; and
(c) Restoration of the service is necessary for the health and safety of the customers of the utility.
(2) The commission shall attempt to recover fees used under this section from the utility providing water service. The commission may also recover a penalty as provided in ORS 756.350 from the time the fees are expended. [2003 c.202 §8]
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