(2) The commission shall ensure that a retail electricity consumer with a load greater than one average megawatt:
(a) Is not required to pay an amount that is more than three percent of the consumer’s total cost of electricity service for the public purpose charge under ORS 757.612 and any amounts included in rates under this section; and
(b) Does not receive any direct benefit from energy conservation measures if the costs of the measures are included in rates under this section. [2007 c.301 §46]