PACIFIC NORTHWEST BELL TELEPHONE v. KATZ

89C-12081; CA A66307.

841 P.2d 652 (1992)

116 Or. App. 302

PACIFIC NORTHWEST BELL TELEPHONE COMPANY, dba U.S. West Communications, Respondent, v. Myron B. KATZ, Ron Eachus, Nancy Ryles and Oregon Public Utility Commission, Appellants, and Citizen's Utility Board, Intervenor-Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted October 14, 1992.

Decided November 12, 1992.


Attorney(s) appearing for the Case

Keith L. Kutler, Asst. Atty. Gen., Salem, argued the cause for appellants. On the briefs were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem.

J. Rion Bourgeois, Portland, argued the cause and filed the briefs for intervenor-appellant.

John R. Faust, Jr., Portland, argued the cause for respondent. With him on the brief were Schwabe, Williamson & Wyatt and Charles L. Best, Portland.


Resubmitted in Banc October 14, 1992.

RIGGS, Judge.

The Public Utilities Commission (PUC)1 appeals from a judgment of the circuit court reversing its Order 89-1355, which ordered Pacific Northwest Bell Telephone Company (PNB) to refund $10,056,772 to its customers. The circuit court found that the revenues to be refunded were generated from permanent, lawful rates and concluded, therefore, that the refund order constituted unlawful...

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