FORELAWS ON BD. v. ENERGY FAC. SITING COUN.

SC S33953; S33954.

760 P.2d 212 (1988)

306 Or. 205

FORELAWS ON BOARD AND JOHN ARUM, Petitioners, v. ENERGY FACILITY SITING COUNCIL, Respondent. Lloyd K. Marbet, Petitioner, v. Energy Facility Siting Council, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 26, 1988.


Attorney(s) appearing for the Case

Daniel W. Meek, Portland, argued the cause and filed briefs for petitioners Forelaws on Bd. and John Arum.

Lloyd K. Marbet, Portland, petitioner prose.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Richard Williams, Portland, argued the cause for Intervenor Teledyne Wah Chang Albany. With him on the briefs were Bert K. Fukumoto and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.


LENT, Justice.

At issue is whether the Energy Facility Siting Council (EFSC) lawfully determined that certain industrial waste of intervenor Teledyne Wah Chang Albany (TWCA) was not "radioactive waste," as that term is defined by ORS 469.300(17). Petitioners contend that EFSC misinterpreted ORS 469.300(17), committed procedural errors and based its decision on insufficient evidence. We affirm EFSC's order.

I.

The disposal of radioactive waste in...

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