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UTILITY REFORM PROJECT v. PUC

02C14884; A123750.

170 P.3d 1074 (2007)

215 Or. App. 360

UTILITY REFORM PROJECT, Lloyd K. Marbet, and Linda K. Williams, Plaintiffs-Respondents Cross-Appellants, v. OREGON PUBLIC UTILITY COMMISSION, Defendant-Appellant Cross-Respondent, and Portland General Electric Company, Intervenor-Appellant Cross-Respondent.

Court of Appeals of Oregon.

Decided October 10, 2007.

Attorney(s) appearing for the Case

Barbee B. Lyon, Portland, argued the cause for appellant-cross-respondent Portland General Electric Company. With him on the briefs was Tonkon Torp LLP.

Denise Fjordbeck, Senior Assistant Attorney General, argued the cause for appellant-cross-respondent Oregon Public Utility Commission. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General. On the supplemental brief was Judy C. Lucas, Assistant Attorney General.

Daniel W. Meek, Portland, argued the cause and filed the briefs for respondents-cross-appellants.

Linda K. Williams, Portland, filed the brief amicus curiae for Class Action Plaintiffs.

James N. Westwood, Portland, and Stoel Rives LLP filed the brief amicus curiae, for Northwest Natural Gas Company and PacifiCorp.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

Defendant Oregon Public Utility Commission (the PUC) and intervenor Portland General Electric Company (PGE) appeal a judgment of the Marion County Circuit Court that reversed and remanded PUC Order No. 02-227 to the PUC. Plaintiffs Utility Reform Project (URP), Lloyd K. Marbet, and Linda K. Williams cross-appeal. For the reasons that follow, we conclude that the PUC's order was based, in part, on an erroneous conclusion of law and therefore must be remanded...

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