OREGON ENERGY CO. v. PUC

98C-17016; A106611

23 P.3d 1018 (2001)

174 Or. App. 67

OREGON ENERGY COMPANY, LLC, Appellant, and St. Helen's Co-Gen, LLC, Plaintiff, v. PUBLIC UTILITY COMMISSION, Respondent, and Portland General Electric Company, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided May 9, 2001.


Attorney(s) appearing for the Case

Ann L. Fisher argued the cause for appellant. With her on the briefs was AF Legal & Consulting Services.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Barbee B. Lyon, Portland, argued the cause for intervenor-respondent. With him on the brief was Tonkon, Torp, LLP.

Before EDMONDS, Presiding Judge, and ARMSTRONG and WOLLHEIM, Judges.


EDMONDS, P.J.

Plaintiff Oregon Energy Company, LLC (OEC), appeals a judgment of the Marion County Circuit Court affirming a decision of defendant Public Utilities Commission (PUC). In that decision, the PUC concluded that neither federal nor state law required defendant Portland General Electric (PGE) to purchase electricity from a proposed cogeneration facility under the terms of a contract that OEC had presented to PGE. We do not reach the merits because we hold...

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