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INDUS. CUSTOMERS OF NORTHWEST UTIL. v. PUC.

UE177; A138879.

246 P.3d 1151 (2010)

240 Or. App. 147

INDUSTRIAL CUSTOMERS OF NORTHWEST UTILITIES, an Oregon nonprofit corporation, Petitioner, v. PUBLIC UTILITY COMMISSION OF OREGON and PacifiCorp, dba Pacific Power, Respondents.

Court of Appeals of Oregon.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Irion A. Sanger , Portland, argued the cause for petitioner. On the briefs were Melinda J. Davison , Jesse E. Cowell , and Davison Van Cleve, P.C.

Judy C. Lucas , Senior Assistant Attorney General, argued the cause for respondent Public Utility Commission of Oregon. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Katherine McDowell , Portland, argued the cause for respondent PacifiCorp. With her on the brief were Amie Jamieson and McDowell & Rackner PC; Roy Pulvers and Hinshaw & Culbertson LLP; and Natalie Hocken .

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

SCHUMAN, P.J.

Under Oregon law, a public utility is allowed to build into its rates the amount that the utility expects to pay in income taxes. There was, for a long while, no regulatory mechanism to subsequently verify whether the utility's tax projections—and the amount assumed in rates—bore any relationship to the amount of taxes actually paid by the utility. In 2005, the Oregon legislature passed a law intended to close that loophole, thereby prohibiting...

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