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NORTHWEST NATURAL GAS CO. v. PUC

01C-18514; A119010.

99 P.3d 292 (2004)

195 Or. App. 547

NORTHWEST NATURAL GAS COMPANY, an Oregon corporation, Appellant, v. OREGON PUBLIC UTILITY COMMISSION, an agency of the State of Oregon, Respondent, and Wah Chang and Northwest Industrial Gas Users (NWIGU), Intervenors-Respondents.

Court of Appeals of Oregon.

Decided October 13, 2004.

Attorney(s) appearing for the Case

Timothy J. Sercombe, Portland, argued the cause for appellant. With him on the briefs was Preston Gates & Ellis, LLP.

Judy Carol Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Edward A. Finklea, Portland, argued the cause for intervenors-respondents. With him on the brief were Chad M. Stokes, Portland, and Energy Advocates, LLP.

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

EDMONDS, P.J.

Appellant Northwest Natural Gas Company (Northwest) is a public utility that has the exclusive right to provide natural gas service to consumers in much of Oregon, including the Albany-Millersburg area. It filed a petition with respondent Oregon Public Utilities Commission (the PUC) for a declaratory proceeding under ORS 756.450, asking the PUC to determine whether actions that several industries contemplated taking were consistent with Northwest's exclusive...

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