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BEAVER CREEK COOPERATIVE TELEPHONE v. PUC

(98-060; CA A102878)

986 P.2d 592 (1999)

162 Or. App. 258

BEAVER CREEK COOPERATIVE TELEPHONE COMPANY and Stayton Cooperative Telephone Company, Petitioners, v. PUBLIC UTILITY COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided August 4, 1999.

Attorney(s) appearing for the Case

Richard A. Finnigan, Olympia, WA, argued the cause and filed the brief for petitioners.

Jas. Adams, Salem, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

Petitioners1 seek judicial review of an amendment to OAR 860-027-0070 promulgated by the Public Utility Commission of the State of Oregon (PUC). The amended rule compels telecommunications cooperatives providing "through services"2 to submit annual reports to PUC covering all services they provide. For the following reasons, we uphold the validity of the rule.

In 1997, PUC initiated rulemaking...

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