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INDUS. CUSTOMERS OF NORTHWEST v. ODOE.

330-150-0030, 330-160-0030; A138472 (Control), A140416.

241 P.3d 352 (2010)

238 Or. App. 127

INDUSTRIAL CUSTOMERS OF NORTHWEST UTILITIES, an Oregon non-profit corporation, Petitioner, v. OREGON DEPARTMENT OF ENERGY, Respondent.

Court of Appeals of Oregon.

Decided October 20, 2010.

Attorney(s) appearing for the Case

Melinda J. Davison , Portland, argued the cause for petitioner. With her on the brief was Davison Van Cleve, P.C. With her on the reply brief was Jesse E. Cowell and Davison Van Cleve, P.C.

Anna M. Joyce , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Erika Hadlock , Acting Solicitor General.

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

ORTEGA, J.

Pursuant to ORS 183.400(1), petitioner challenges the validity of OAR 330-160-0030, a rule adopted by the Oregon Department of Energy (ODOE) that establishes a system of renewable energy certificates for utilities. Petitioner filed two rule challenges, A138472 for OAR 330-150-0030 and A140416 for OAR 330-160-0030, that are consolidated here. ODOE repealed the first rule, OAR 330-150-0030, after failing to file it as a final rule in a timely manner. ODOE...

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