KLAMATH OFF-PROJECT WATER v. PACIFICORP

0604877CV; A139104.

240 P.3d 94 (2010)

237 Or. App. 434

KLAMATH OFF-PROJECT WATER USERS, INC.; Bar CL, Inc.; Carole D. Canevari; David M. Cowan; Bruce Hawkins; Earl Martin Kerns; Donald Rajnus; Robert J. Sanders; C. John Wells, Plaintiffs-Appellants, v. PACIFICORP, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 29, 2010.


Attorney(s) appearing for the Case

Melinda J. Davison , Portland, argued the cause for appellants. With her on the briefs were Jesse E. Cowell and Davison Van Cleve, P.C.

Bruce L. Campbell , Portland, argued the cause for respondent. With him on the brief were Joshua M.F. Sasaki, P.C., and Miller Nash LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


LANDAU, P.J.

Half a century ago, plaintiffs entered into an agreement for the purchase of electric power from an electric utility, the predecessor to defendant Pacificorp. The agreement included no expiration clause. Fifty years later, Pacificorp sought from the Oregon Public Utility Commission (PUC) approval of an increase in the rate for power sold to plaintiffs. When the PUC granted the request, plaintiffs sued Pacificorp for breach of contract, and breach of implied...

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