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INDUSTRIAL CUSTOMERS OF NORTHWEST v. PUC

02C-18320; A121791.

100 P.3d 1072 (2004)

196 Or. App. 46

INDUSTRIAL CUSTOMERS OF NORTHWEST UTILITIES, an Oregon non-profit association; and Citizens' Utility Board, an independent non-profit public corporation, Appellants, v. PUBLIC UTILITY COMMISSION OF OREGON, an agency of the State of Oregon, Respondent, and Pacificorp, an Oregon corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided October 27, 2004.

Attorney(s) appearing for the Case

Melinda J. Davison and Jason Eisdorfer, Portland, argued the cause for appellants. With them on the joint opening brief were Matthew W. Perkins and Davison Van Cleve, PC. On the joint reply brief was Irion Sanger, Portland.

Stephanie Andrus, Assistant Attorney General, argued the cause for respondent Public Utility Commission of Oregon. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jas. Jeffrey Adams, Senior Assistant Attorney General.

James M. Van Nostrand argued the cause for intervenor-respondent. With him on the brief were Sean E. O'Day and Stoel Rives LLP.

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

BREWER, J.

Plaintiffs appeal a circuit court judgment affirming an order of the Public Utility Commission (PUC or the commission) that allowed intervenor PacifiCorp to include in its rates approximately $131 million in deferred excess power costs. Although this is an appeal from the circuit court judgment, we review PUC's order and may reverse only if the order is unlawful, unreasonable, or not supported by substantial evidence. ORS 756.594; ORS 756.598; Pacific...

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