CALPINE ENERGY SOL. v. PUB UTILITY COM'N OR

A161359.

445 P.3d 308 (2019)

298 Or.App. 143

CALPINE ENERGY SOLUTIONS LLC, Petitioner, v. PUBLIC UTILITY COMMISSION OF OREGON and PacifiCorp, dba Pacific Power, Respondents, and Industrial Customers of Northwest Utilities and Citizens Utility Board of Oregon, Intervenors below.

Court of Appeals of Oregon.

June 19, 2019.


Attorney(s) appearing for the Case

Gregory M. Adams argued the cause for petitioner. Also on the briefs were Peter J. Richardson and Richardson Adams, PLLC.

Dustin Buehler , Assistant Attorney General, argued the cause for respondent Public Utility Commission of Oregon. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Katherine McDowell , Portland, argued the cause for respondent PacifiCorp. Also on the brief were Matthew McVee and McDowell Rackner Gibson PC.

Jesse E. Cowell and Davison Van Cleve, PC, filed the brief amicus curiae for The Industrial Customers of Northwest Utilities.

Carl Fink and Blue Planet Energy Law, LLC, filed the brief amicus curiae for Oregon Business Coalition.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.


Petitioner Calpine Energy Solutions LLC is an electricity service supplier that provides direct-access electricity to customers who opt out of purchasing electricity from utilities regulated by the Public Utility Commission of Oregon (PUC), including PacifiCorp dba Pacific Power (PacifiCorp). As part of the regulatory regime under...

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