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WAH CHANG v. PUBLIC UTILITY COM'N

UM1002; A143692.

301 P.3d 934 (2013)

256 Or. App. 151

WAH CHANG, Petitioner, v. PUBLIC UTILITY COMMISSION of Oregon; and PacifiCorp, dba Pacific Power, Respondents.

Court of Appeals of Oregon.

Decided April 17, 2013.

Attorney(s) appearing for the Case

Thomas W. Sondag , Portland, argued the cause for petitioner. With him on the briefs was Lane Powell PC.

Michael Casper , Deputy Solicitor General, argued the cause for respondent Public Utility Commission of Oregon. On the brief were John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Judy C. Lucas , Senior Assistant Attorney General.

David J. Burman , Seattle, argued the cause for respondent PacifiCorp. On the brief were Lawrence H. Reichman and Perkins Coie LLP; Roy Pulvers and Hinshaw & Culbertson, LLP; and Natalie Hocken.

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

SCHUMAN, P.J.

Petitioner Wah Chang entered into a special contract with PacifiCorp whereby PacifiCorp agreed to supply Wah Chang with electricity at rates different from its standard industrial tariff. For the first three years of the five-year contract, Wah Chang was to receive a rate that was substantially lower than PacifiCorp's standard industrial rate; for the remaining two years, Wah Chang was to be charged a rate tied to the Dow Jones California/Oregon Border...

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