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APPLICATION OF PORTLAND GENERAL ELEC. CO.

561 P.2d 154 (1977)

277 Or. 447

APPLICATION OF PORTLAND GENERAL Electric Company, an Oregon Corporation, for a Site Certificate to Construct and Operate Certain Thermal Power Plants at the Pebble Springs Site, Gilliam County, Oregon. Lloyd K. Marbet, Petitioner and Harold C. Christiansen, v. PORTLAND GENERAL ELECTRIC COMPANY, an Oregon Corporation, and the Energy Facility Siting Council, Respondents.

Supreme Court of Oregon, In Banc.

Decided March 3, 1977.

Reargued January 6, 1977.

Attorney(s) appearing for the Case

William L. Hallmark, Portland, argued the cause for petitioner. With him on the briefs were Robert L. Allen, Albert J. Bannon, Daryll E. Klein, Ryan Lawrence, William M. McAllister, Christopher P. Thomas, and Frank Josselson, Portland.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent Energy Facility Siting Council. With him on the brief were Lee Johnson, Atty. Gen., and Richard M. Sandvik, Asst. Atty. Gen.

David N. Hobson, of Phillips, Coughlin, Buell, Stoloff & Black, Portland, argued the cause for respondent Portland General Electric Company.

Before DENECKE, C.J., and HOLMAN, TONGUE, BRYSON, LENT, LINDE and BRADSHAW, JJ.

LINDE, Justice.

Since 1971, construction of facilities for the production and transmission of energy has required a site certificate from the state. This case is the first contested proceeding under the energy facility siting act, now ORS 469.300-469.570, 469.992. On application of respondent Portland General Electric Company (PGE), respondent Nuclear and Thermal Energy Council (now renamed Energy Facility Siting Council) recommended to the Governor that he issue...

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