Peter DeFazio, David Dix, Leslie Ratley, Gwen E. Ross, William F. Palmer, Fred McDaniel, Norma McDaniel, Frederick B. Simmons, Robert R. Davis, John C. Montgomery, Robert N. Faught, Mary Boyersmith, Lloyd Larry Roberson, Harold Loroy Davis, Fred J. Stigall, Paul M. Stewart, Harold Eller, Terry Bollenbaugh, Gary W. Ensign, Will Brown, Rhonda Sparks, Bonnie Charles, Michael Faught, Glenn Sofge, William E. Morrisette, and Janice M. Morrisette (Springfield Ratepayers); Cascade Steel Rolling Mills, Inc., an Oregon Corporation; Cascade Tractor & Implement Co., an Oregon Corporation; McDaniel Feed & Grain Co., an Oregon Corporation; Jack Wright; Waldo Farnharn; John Jankowski; Charles E. Colvin; A.E. Hurl; Chuck Neilson; Stan Amundson; Merle Lingle; Hans Simon; Jerry Lucas; William B. Nourse; Doyle Smith; Chester McDonough; Ezra Koch; Bill O'Dell; Gary Brooks; Chester Gibson; Del Casteel; (McMinnville Ratepayers); Plaintiffs-Respondents/Cross-Appellants,
The City of Drain, a Municipal Corporation (Drain): Canby Utility Board, an Independent Governmental Subdivision of the City of Canby, a Municipal Corporation (Canby Utility Board); the City of Bandon; a Municipal Corporation (Bandon); the City of Cascade Locks, a Municipal Corporation (Cascade Locks); Donald Maples; John Bendele; Jack Barber; and Charles Robert Miller (Drain Ratepayers); Plaintiffs-Respondents,
v.
Washington Public Power Supply System, a Washington Municipal Corporation (WPPSS); City of Springfield, a Municipal Corporation, Acting by and through the Springfield Utility Board (Springfield); City of McMinnville, a Municipal Corporation, Acting by and through Its Water & Light Commission (McMinnville); City of Milton-Freewater, a Municipal Corporation (Milton-Freewater); Defendants-Appellants/Cross-Respondents,
Northern Wasco People's Utility District, a Municipal Corporation and People's Utility District of the State of Oregon; Tillamook People's Utility District, a Municipal Corporation and a People's Utility District of the State of Oregon; Clatskanie People's Utility District, a Municipal Corporation and People's Utility District of the State of Oregon; and Central Lincoln People's Utility District, a Municipal Corporation and People's Utility District of the State of Oregon, Defendants-Respondents.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted June 9, 1983.
Decided March 20, 1984.
Rehearing Denied May 1, 1984.
Attorney(s) appearing for the Case
James H. Clarke, Portland and Bruce Smith, Eugene, argued the cause and submitted brief for defendant-appellant/cross-respondent Washington Public Power Supply System. With them on the brief were Frank Gibson and Cass, Scott, Woods & Smith, Eugene; David H. Wilson, Jr. and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland; Richard C. Yarmuth and Culp, Dwyer, Guterson & Grader, Seattle, Wash.
Garry P. McMurry, Portland, argued the cause and submitted brief for defendants-appellants/cross-respondents Cities of Springfield, Milton-Freewater and McMinnville. With him on the brief were Peter A. Mersereau, James A. Fitzhenry and Rankin, McMurry, VavRosky & Doherty, Portland; Douglas E. Hojem and Corey, Byler & Rew, Pendleton; David C. Haugeberg, Gary A. Rueter and Haugeberg & Rueter, McMinnville.
Robert L. Ackerman, Springfield, argued the cause and filed brief for plaintiffs-respondents/cross-appellants Springfield Ratepayers. With him on the brief were Ackerman, DeWenter & Huntsberger, Springfield, and Lawrence D. Salmony, Certified Law Student, Springfield.
Martha L. Walters, of Johnson, Harrang & Swanson, Eugene, argued the cause for plaintiffs-respondents City of Drain, Drain Ratepayers and City of Bandon. With her on supplemental briefs were John H. Hammond, Jr., Oregon City, representing plaintiff-respondent Canby Utility Board and Wilford K. Carey, Jr., Hood River, representing plaintiff-respondent City of Cascade Locks.
John R. Faust, Jr., Portland, argued the cause and filed brief for defendants-respondents Central Lincoln People's Utility District and Clatskanie People's Utility District. With him on the brief were Donald A. Haagensen, Mildred J. Carmack and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland. With him on memorandum of additional authority was George P. Winslow, Jr., Tillamook, representing defendant-respondent Tillamook People's Utility District. With him on additional authorities was Stanley D. Heisler, The Dalles, representing defendant-respondent Northern Wasco People's Utility District.
Willard L. Cushing, McMinnville, argued the cause and filed brief for plaintiffs-respondents/cross-appellants City of McMinnville Ratepayers. With him on the brief was Cushing, Johnstone & Peterson, P.C., McMinnville.
Supreme Court of Oregon, In Banc.
LINDE, Justice.
In 1976, the Washington Public Power Supply System and 88 governmental and cooperative entities in six states entered into a set of agreements under which the system, hereafter designated WPPSS, would construct and operate two nuclear-powered generating plants, Washington Nuclear Projects (WNP) 4 and 5, and the participating entities, referred to as the "participants," would be entitled to fractions of the power generating potential of these plants...
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