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EMERALD PUD v. ENERGY FACILITY SITING

SC S41989.

902 P.2d 1134 (1995)

321 Or. 562

EMERALD PEOPLES UTILITY DISTRICT, an Oregon Municipal Corporation; Don't Waste Oregon Council, a non-profit corporation, Colleen O'Neill, Lloyd K. Marbet and Tom Dottl, Petitioners, v. ENERGY FACILITY SITING COUNCIL and Portland General Electric Company, Respondents.

Supreme Court of Oregon.

Decided September 19, 1995.

Attorney(s) appearing for the Case

Linda K. Williams, Portland, argued the cause and filed the brief for petitioners.

John T. Bagg, Assistant Attorney General, Salem, argued the cause for respondent Energy Facility Siting Council. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

John R. Faust, Jr., of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed the brief for respondent Portland General Electric Company.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS, and DURHAM, JJ.

VAN HOOMISSEN, Justice.

Petitioners petition for judicial review of a decision of the Energy Facility Siting Council of Oregon (EFSC) which, through rulemaking procedures, amended provisions of OAR 345-26-370 pertaining to the disposal of certain radioactive components of the Trojan nuclear power facility (Trojan) in Columbia County, which ceased operations in 1993.

The EFSC and Portland General Electric (PGE)

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