QWEST CORPORATION, Petitioner,
v.
PUBLIC UTILITY COMMISSION, Respondent, and
Pacificorp, Intervenor-Respondent.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted October 26, 2005.
Decided May 3, 2006.
Attorney(s) appearing for the Case
Lawrence H. Reichman, Portland, argued the cause for petitioner. With him on the briefs was Perkins Coie LLP.
Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stephanie S. Andrus, Assistant Attorney General.
Gerit F. Hull argued the cause for intervenor-respondent. With him on the brief were Charles A. Zdebski, Raymond A. Kowalski, Allison D. Rule, and Troutman Sanders LLP, Washington, D.C.
Benjamin Walters, Portland, filed the brief amicus curiae for League of Oregon Cities.
John P. Graff, Portland, filed the brief amicus curiae for Charter Communications, Inc.
John E. Kennedy, Christopher S. Huther, John Longstreth, and Preston Gates Ellis & Rouvelas Meeds LLP, Washington, D.C., and Richard G. Stewart, Irving, Texas, filed the brief amicus curiae for Verizon Northwest Inc.
Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.
Court of Appeals of Oregon.
EDMONDS, P.J.
This case is a proceeding under ORS 183.400 in which petitioner Qwest Corporation challenges rules adopted by the Public Utility Commission (PUC) regarding penalties for attachments to utility poles by nonowners in the absence of a contractual relationship between the pole user and pole owner. Qwest argues, among other things, that the PUC exceeded its authority when it enacted the rules. Alternatively, it argues...
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