AMERICAN CAN CO. v. LOBDELL

No. 116-721; CA 19605, No. 118, 142; CA 19606.

638 P.2d 1152 (1982)

55 Or.App. 451

AMERICAN CAN COMPANY, Crown Zellerbach Corporation, Hewlett-Packard Company, Hyster Company, Menasha Corporation, J.R. Simplot Company, Teledyne Industries, Inc., Dba Teledyne Wah Chang Albany, United States Gypsum Company, Weyerhaeuser Company, Willamette Industries, and Oregon Committee for Fair Utility Rates, Appellants, v. John J. LOBDELL, Public Utility Commissioner of the State of Oregon, Respondent. Pacific Power & Light Company, Intervenor-Respondent. Bingham-Willamette Company, a Division of Guy F. Atkinson Company, Boeing of Portland, a Division of the Boeing Corporation, Boise Cascade Corporation, Crown Zellerbach Corporation, Durametal Corporation, Esco Corporation, Oregon Portland Cement Company, Oregon Steel Mills, a Division of Gilmore Steel Corporation, Pacific Carbide & Alloys Co., Pennwalt Corporation, Precision Castparts Corp., Publishers Paper Co., Reichhold Chemicals, Inc., Schnitzer Steel Products Co., Western Foundry Company, Willamette Iron & Steel Company, a Division of Guy F. Atkinson Company, and Oregon Committee for Equitable Utility Rates, Appellants, v. John J. Lobdell, Public Utility Commissioner of the State of Oregon, Respondent, Portland General Electric Company, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided January 6, 1982.

Reconsideration Denied February 11, 1982.


Attorney(s) appearing for the Case

Allan Hart and Michael E. Haglund, Portland, argued the cause for appellants. With them on the briefs was Lindsay, Hart, Neil & Weigler, Portland.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

George M. Galloway, Portland, argued the cause for intervenor-respondent Pacific Power & Light Co. On the brief were Leonard A. Girard, and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Dorothy E. Rothrock, Portland, argued the cause for intervenor-respondent Portland General Elec. Co. With her on the brief was Alvin A. Alexanderson, Portland.

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


GILLETTE, Presiding Judge.

Appellants, large industrial customers of Portland General Electric (PGE) and Pacific Power & Light (PP&L), brought suit under ORS 756.5801 to vacate and remand the Public Utility Commissioner's (Commissioner's) orders granting rate increases to PGE and PP&L, which intervened in the suit. Appellants alleged that the "rate spreads" adopted in those orders...

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