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CITIZENS' UTILITY BOARD v. PUC

94C-10372, 94C-10417, 95C-11300, 95C-12542; CA A86940 (Control), A86973, A92935, A93400.

962 P.2d 744 (1998)

154 Or. App. 702

CITIZENS' UTILITY BOARD OF OREGON, an independent nonprofit public corporation, Appellant, Public Power Council, Intervenor-Appellant, v. PUBLIC UTILITY COMMISSION OF OREGON, Respondent. Portland General Electric Company, Intervenor-Respondent. UTILITY REFORM PROJECT, Colleen O'Neill and Lloyd K. Market, Appellants, v. OREGON PUBLIC UTILITY COMMISSION, Respondent, Portland General Electric Co., Intervenor-Respondent. CITIZENS' UTILITY BOARD OF OREGON, an independent nonprofit public corporation, Respondent-Cross-Respondent v. PUBLIC UTILITY COMMISSION OF OREGON, Cross-Appellant, Portland General Electric Co., Intervenor Defendant-Appellant-Cross-Respondent. UTILITY REFORM PROJECT and Colleen O'Neil, Respondents-Cross-Appellants, v. PUBLIC UTILITY COMMISSION OF OREGON, Appellant-Cross-Respondent, Portland General Electric Co., Intervenor Defendant-Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided June 24, 1998.

Attorney(s) appearing for the Case

John W. Stephens, Portland, argued the cause for appellant Citizens' Utility Board of Oregon. With him on the briefs was Esler, Stephens & Buckley.

Shelly Richardson, Vancouver, WA, argued the cause and filed the briefs for intervenor-appellant Public Power Council.

Jas. Adams, Assistant Attorney General, argued the cause for respondent Public Utility Commission. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

John R. Faust, Jr., Portland, argued the cause for intervenor-respondent and intervenor-defendant-appellant-cross-respondent Portland General Electric Company. With him on the briefs was Schwabe, Williamson & Wyatt.

Daniel W. Meek, Portland, argued the cause and filed the briefs for appellants Utility Reform Project, Colleen O'Neil, and Lloyd K. Marbet and respondents-cross-appellants Utility Reform Project and Colleen O'Neil.

Katherine A. McDowell, Clarence M. Belnavis and Stoel Rives, LLP, Portland, filed the brief for amicus curiae PacifiCorp.

Before EDMONDS, P.J., ARMSTRONG, J., and RICHARDSON, Senior Judge.

RICHARDSON, Senior Judge.

These consolidated appeals are from circuit court judgments on review of a series of Public Utility Commission (PUC) orders that allowed Portland General Electric (PGE) to include a "rate of return" (i.e., profit) component, as well as the principal amount of its "undepreciated investment" in the retired Trojan generating facility, in its rates for the years 1995 to 2011. Two different circuit court judges, respectively, affirmed PUC...

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