GTE NORTHWEST, INCORPORATED, Petitioner on Review,
v.
PUBLIC UTILITY COMMISSION OF OREGON, Respondent on Review,
and
MCI Telecommunications Corporation, Intervenor-Respondent.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted March 8, 1995.
Decided August 24, 1995.
Attorney(s) appearing for the Case
Richard E. Potter, Everett, WA, argued the cause for petitioner on review. With him on the petition were Timothy J. O'Connell, Everett, WA, and James M. Brown, of Enfield, Guimond, Brown & Collins, Salem.
Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
Charles L. Best, Portland, filed a brief on behalf of amicus curiae U.S. West Communications, Inc.
Barbee B. Lyon and Michael M. Morgan, of Tonkon, Torp, Galen, Marmaduke & Booth, Portland, filed a brief on behalf of amicus curiae Oregon Independent Telephone Ass'n.
Robert W. Childress, Portland, filed a memorandum on behalf of amicus curiae Portland General Elec. Co.
Thomas H. Nelson, of Stoel Rives Boley Jones & Grey, Portland, filed a memorandum on behalf amicus curiae PacifiCorp.
Supreme Court of Oregon, In Banc.
GRABER, Justice.
GTE Northwest, Inc. (GTE), challenges, under ORS 183.400,1 certain rules adopted by the Public Utility Commission (PUC). For the following reasons, we hold that the challenged rules are invalid.
I. FACTS AND PROCEDURAL BACKGROUND
In June 1993, the PUC adopted rules that created a regulatory framework for telecommunications, known as the Open Network Architecture (ONA). Those rules have been codified at...
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