CENT. LINCOLN PEOPLE'S v. DEPT. OF ENERGY

A165881.

478 P.3d 993 (2020)

307 Or.App. 163

CENTRAL LINCOLN PEOPLE'S UTILITY DISTRICT, a municipal corporation; City of Hermiston, dba Hermiston Energy Services, a municipal corporation; Clatskanie People's Utility District, a municipal corporation; Columbia River People's Utility District, a municipal corporation; Consumers Power, Inc., an Oregon cooperative corporation; Emerald People's Utility District, a municipal corporation; Eugene Water & Electric Board, a municipal corporation; Northern Wasco People's Utility District, a municipal corporation; Tillamook People's Utility District, a municipal corporation; and Umatilla Electric Cooperative, an Oregon cooperative corporation, Plaintiffs-Respondents, v. OREGON DEPARTMENT OF ENERGY, an agency of the State of Oregon; and Janine Benner, in her official capacity as the Director of the Oregon Department of Energy, Defendants-Appellants.

Court of Appeals of Oregon.

October 7, 2020.


Attorney(s) appearing for the Case

Michael A. Casper , Assistant Attorney General, argued the cause for appellants. Also on the briefs were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Chris Perdue , Assistant Attorney General.

Brad S. Daniels , Salem, argued the cause for respondents. Also on the brief were Eric J. Kodesch , Samantha K. Sondag , and Stoel Rives LLP.

Before DeHoog, Presiding Judge, and Aoyagi, Judge, and Hadlock, Judge pro tempore.


This appeal relates to challenges that petitioners filed in the trial court, pursuant to ORS 183.484, against orders that the director of the Oregon Department of Energy (ODOE) issued in 2016. Each of the challenged orders required one of the petitioners to pay an energy supplier assessment (ESA) to help fund programs of...

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