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WILLMAN v. WASH. UTILITIES & TRANSP. COM'N

No. 22411-2-III.

93 P.3d 909 (2004)

122 Wash.App. 194

Elaine WILLMAN and Citizens Standup! Committee, Appellants, v. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, Respondent, Cascade Natural Gas Corporation, and Pacificorp, d/b/a Pacific Power and Light Company, Respondents and Cross-Appellants.

Court of Appeals of Washington, Division 3, Panel Nine.

July 1, 2004.

Attorney(s) appearing for the Case

Eric E. Richter, Seattle, for Appellants.

John L. West, Louis D. Peterson, Mary E. Crego, Hills, Clark, Martin & Peterson, Michael P. O'Connell, Jill D. Bowman, James M. Van Nostrand, Stoel, Rives LLP, Seattle, Scott J. Kaplan, Stoel, Rives LLP, Portland, OR, Robert D. Cedarbaum, Office of Attorney General, Olympia, for Respondent.

KATO, C.J.

This appeal involves an ordinance adopted by the Yakama Nation Tribal Council imposing what it calls a franchise fee from utilities operating within the boundaries of the Nation's reservation. The Washington Utilities and Transportation Commission (WUTC) allowed PacifiCorp (which operates as Pacific Power and Light Company) and Cascade Natural Gas Corporation to pass on the cost of the fee to all customers within the reservation. Elaine Willman and Citizens...

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