GEARHART v. PUBLIC UTILITY COM'N OF OREGON

08487, 09093; A140317.

299 P.3d 533 (2013)

255 Or. App. 58

Frank GEARHART; Patricia Morgan; Kafoury Brothers, Inc.; and Utility Reform Project, Petitioners, v. PUBLIC UTILITY COMMISSION OF OREGON and Portland General Electric Company, Respondents. Frank Gearhart; Patricia Morgan; Kafoury Brothers, Inc.; and Utility Reform Project, Petitioners, v. Public Utility Commission Of Oregon and Portland General Electric Company, Respondents.

Court of Appeals of Oregon.

Decided February 6, 2013.


Attorney(s) appearing for the Case

Linda K. Williams , Portland, argued the cause and filed the briefs for petitioners Frank Gearhart, Patricia Morgan, and Kafoury Brothers, Inc.

Daniel W. Meek , Portland, argued the cause and filed the briefs for petitioner Utility Reform Project.

James N. Westwood , Portland, argued the cause for respondent Portland General Electric Company. With him on the brief were Dina M. Dubson and Stoel Rives LLP.

Denise G. Fjordbeck , Attorney-in-Charge, Civil/Administrative Appeals, argued the cause for respondent Public Utility Commission of Oregon. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Raymond W. Myers filed the brief amicus curiae for Citizens' Utility Board of Oregon.

Lisa Rackner filed the brief amicus curiae for Avista Corporation, Idaho Power Company, Northwest Natural Gas Company, and PacifiCorp.

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


NAKAMOTO, J.

As a result of one Supreme Court opinion, Dreyer v. PGE, 341 Or. 262, 278-79, 142 P.3d 1010 (2006), and two Court of Appeals opinions, Citizens' Utility Board v. PUC, 154 Or.App. 702, 962 P.2d 744 (1998), rev. dismissed, 335 Or. 91, 58 P.3d 822 (2002) (Trojan I), and Utility Reform Project...

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