2017 ORS 756.610¹
Judicial review

(1)(a) Except as provided in subsections (2) and (3) of this section, final orders of the Public Utility Commission are subject to judicial review as orders under the provisions of ORS 183.480 (Judicial review of agency orders) to 183.497 (Awarding costs and attorney fees when finding for petitioner).

(b) Binding rulings issued under ORS 756.450 (Declaratory rulings) are subject to review in the Court of Appeals in the manner provided in ORS 183.480 (Judicial review of agency orders) for the review of orders in contested cases.

(2) ORS 183.482 (Jurisdiction for review of contested cases) (3) does not apply to judicial review of an order of the Public Utility Commission. At any time after filing a petition for judicial review of a final order of the commission in a contested case, the petitioner may apply to the Court of Appeals for a stay of the order until the final disposition of the appeal. The court may grant a stay for cause shown. As a condition of granting a stay, the court may require a bond or other security, or impose such other conditions as the court deems appropriate. A stay may be granted only after notice to the commission and opportunity for hearing. Any bond required by the court must be executed in favor of the commission for the benefit of interested persons, and may be enforced by the commission or by any interested person.

(3) An order of the Public Utility Commission related to the petition for a certificate of public convenience and necessity under ORS 758.015 (Certificate of public convenience and necessity), where the petitioner also seeks approval from the Energy Facility Siting Council for the proposed transmission line, is subject to judicial review as provided in ORS 758.017 (Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval). [Amended by 1971 c.655 §62; 2003 c.576 §559; 2005 c.638 §6; 2013 c.335 §4; 2017 c.312 §3]

Chapter 756

Notes of Decisions

Under regulatory scheme, Public Utility Commissioner has authority to promulgate rule limiting telephone company’s liability for directory listing errors or omissions. Garrison v. Pacific NW Bell, 45 Or App 523, 608 P2d 1206 (1980)

Refund is proper exercise of Public Utility Commission’s general powers if refund (1) is based only on in­for­ma­­tion in existence at time of rate order for which refund is being made; (2) is not based on evalua­tion of public utility’s actual expenses or revenues; and (3) is not effectuated by offsetting future rates. Gearhart v. Public Utility Commission, 255 Or App 58, 299 P3d 533 (2013), aff’d 356 Or 216, 339 P3d 904 (2014)

1 Legislative Counsel Committee, CHAPTER 756—Public Utility Commission, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors756.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 756, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano756.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.