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PORTLAND GEN. ELEC. CO. v. ALFALFA SOLAR I

A173197.

524 P.3d 124 (2023)

323 Or. App. 531

PORTLAND GENERAL ELECTRIC COMPANY and Public Utility Commission of Oregon, Respondents, v. ALFALFA SOLAR I, LLC; Dayton Solar I, LLC; Fort Rock Solar I, LLC; Fort Rock Solar II, LLC; Fort Rock IV, LLC; Harney Solar I, LLC; Riley Solar I, LLC; Starvation Solar I, LLC; Tygh Valley Solar I, LLC; and Wasco Solar I, LLC, Petitioners, and Northwest and Intermountain Power Producers Coalition et al., Intervenors Below.

Court of Appeals of Oregon.

January 5, 2023.

Attorney(s) appearing for the Case

Keil M. Mueller , Portland, argued the cause for petitioners. Also on the briefs were Steven C. Berman , Gregory M. Adams , Richardson Adams, PLLC, and Stoll Stoll Berne Lokting & Shlachter PC.

Jordan R. Silk , 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.

Anna M. Joyce , Portland, argued the cause for respondent Portland General Electric Company. Also on the brief were Jeffrey S. Lovinger , Dallas S. DeLuca , Erin N. Dawson , Anit K. Jindal , and Markowitz Herbold PC.

Irion A. Sanger , Joni L. Sliger , and Sanger Law, PC, filed the brief amicus curiae for Community Renewable Energy Association, Northwest & Intermountain Power Producers Coalition, and Renewable Energy Coalition.

Lisa Rackner , Shoshana Baird , and McDowell Rackner Gibson PC filed the brief amicus curiae for Idaho Power and PacifiCorp.

Before Mooney, Presiding Judge, and Lagesen, Chief Judge, and DeVore, Senior Judge.

This proceeding arises under ORS 183.482 on a petition for judicial review of a final order of the Public Utilities Commission (PUC). In that order, the PUC resolved a dispute about the meaning of a provision contained in power purchase agreements (PPAs) between respondent Portland General Electric (PGE) and certain renewable energy...

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