PACIFIC NORTHWEST BELL TEL. CO. v. DAVIS

No. 96672; CA 11110, No. 96734; CA 11109.

608 P.2d 547 (1979)

43 Or.App. 999

PACIFIC NORTHWEST BELL TELEPHONE COMPANY, a Washington Corporation; General Telephone Company of the Northwest, Inc., a Washington Corporation; Continental Telephone Company of the Northwest, a Washington Corporation; United Telephone of the Northwest, an Oregon Corporation; and Oregon Newspaper Publisher's Association, an Oregon Non-Profit Corporation, Portland Advertising Federation; an Oregon Non-Profit Corporation; and Idaho Power Company, a Maine Corporation, Plaintiffs-Respondents, v. Charles DAVIS, Public Utility Commissioner of Oregon, Defendant-Appellant. Oregon Association of Broadcasters, an Oregon Non-Profit Corporation, Pacific Power & Light Company, a Maine Corporation, Northwest Natural Gas Company, an Oregon Corporation, Portland General Electric Company, an Oregon Corporation and Oregon Water Corporation, an Idaho Corporation, Plaintiffs-Respondents, v. CHARLES DAVIS, Public Utility Commissioner of Oregon, Defendant-Appellant. Pacific Northwest Bell Telephone Company, a Washington Corporation; General Telephone Company of the Northwest, Inc., a Washington Corporation; Continental Telephone Company of the Northwest, a Washington Corporation; United Telephone of the Northwest, an Oregon Corporation, Plaintiffs-Appellants, and Idaho Power Company, a Maine Corporation, Plaintiff, v. Charles DAVIS, Public Utility Commissioner of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 31, 1979.


Attorney(s) appearing for the Case

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Bruce R. DeBolt, Asst. Atty. Gen., Salem.

Marcus A. Wood, Portland, argued the cause for respondents, Pacific Power & Light Co., Northwest Natural Gas Co. and Oregon Water Corp. With him on the brief were Rives, Bonyhadi & Smith, Portland, attorneys for respondents, Pacific Power & Light Co., Northwest Natural Gas Co. and Oregon Water Corp., Chris L. Mullmann, Ragen, Roberts, O'Scannlain, Robertson & Neill, Portland, attorneys for Pacific Northwest Bell Tel. Co., and Jeffrey M. Alden, Davies, Biggs, Strayer, Stoel & Boley, Portland, attorneys for United Tel. Co., Portland.

Chris L. Mullmann, Portland, argued the cause for appellant Pacific Northwest Bell Tel. Co. With him on the briefs were Ragen, Roberts, O'Scannlain, Robertson & Neill, and Paul R. Romain, Portland.

Bruce R. DeBolt, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James R. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and W. Benny Won, Asst. Atty. Gen., Salem.

Before LEE, P.J., and GILLETTE and ROBERTS, JJ.


GILLETTE, Judge.

In these cases, the plaintiffs, regulated utilities and news media and advertising organizations, challenge two basic aspects of the Public Utility Commissioner's order No. 76-467 which seeks to regulate utility advertising. In separate actions1, both Pacific Northwest Bell, et al., and the Oregon Association of Broadcasters, et al., alleged that the "tagline" portion of the Commissioner's order was invalid because the...

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