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FREMONT LUMBER CO. v. EFSC

EFSC 330 000; SC S43007.

936 P.2d 968 (1997)

325 Or. 256

In the Matter of the Amendment of Rules OAR 345 Division 50 Regarding Site Suitability for Radioactive Waste Disposal. FREMONT LUMBER COMPANY and Kerr-McGee Corporation, Petitioners, v. ENERGY FACILITY SITING COUNCIL, Respondent, and Don't Waste Oregon Siting Council and Lloyd K. Marbet, Intervenors.

Supreme Court of Oregon.

Decided April 29, 1997.

Attorney(s) appearing for the Case

Michelle B. Corash, of Morrison & Foerster, San Francisco, CA, argued the cause for petitioners. With her on the briefs were Gail L. Achterman and Scott J. Kaplan, of Stoel Rives Boley Jones & Grey, Portland, and Mark P. Reeve, of Reeve & Reeve, Portland.

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

No appearance for intervenors.

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

GILLETTE, Justice.

In this administrative law case, petitioners challenge amendments to two Energy Facility Siting Council (EFSC) rules pertaining to the siting of radioactive waste disposal facilities.1 Petitioners contend that, in adopting the rule amendments, the EFSC both exceeded its statutory authority and failed to comply with the applicable rulemaking procedures. We hold that the amended rules are invalid for failure to include...

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