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EMERALD PUD v. PP & L

E83-1726; CA A30473.

711 P.2d 179 (1985)

76 Or.App. 583

EMERALD PEOPLE'S UTILITY DISTRICT, an Oregon Municipal Corporation, Appellant, v. PACIFIC POWER & LIGHT COMPANY, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1985.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellant. With him on the briefs were James M. Finn, Cynthia S.C. Shanahan, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Charles F. Hinkle, Portland, argued the cause for respondent. With him on the brief were Jeffrey Michael Alden and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Emerald People's Utility District (Emerald) filed this action pursuant to former ORS 543.610 for a judicial determination of the price to be paid for hydroelectric dams, located outside the district, that Emerald proposed to take over from Pacific Power & Light (PP & L) under the provisions of that statute, which, before its amendment in 1983, provided:

"(1) Upon not less than two years' notice in writing the state...

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