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

  • review vested in Supreme Court

(1)

Any party to a contested case hearing related to the application for a certificate of public convenience and necessity under ORS 758.015 (Certificate of public convenience and necessity) for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line may appeal the Public Utility Commission’s grant or denial of the application. Issues on appeal shall be limited to those raised by the parties to the contested case hearing before the commission.

(2)

Jurisdiction for judicial review of the commission’s approval or rejection of an application for a certificate of public convenience and necessity under subsection (1) of this section is conferred upon the Supreme Court. Proceedings for review shall be instituted by filing a petition in the Supreme Court. The petition shall be filed within 60 days after the date of service of the commission’s final order. Date of service shall be the date on which the commission delivered or mailed the final order in accordance with ORS 183.470 (Orders in contested cases).

(3)

The filing of a petition for judicial review may not stay the order, except that a party to the contested case hearing may apply to the Supreme Court for a stay upon a showing that there is a colorable claim of error and that the petitioner will suffer irreparable injury.

(4)

If the Supreme Court grants a stay pursuant to subsection (3) of this section, the court:

(a)

Shall require the petitioner requesting the stay to give an undertaking in the amount of $5,000.

(b)

May grant the stay in whole or in part.

(c)

May impose other reasonable conditions on the stay.

(5)

The review by the Supreme Court shall be the same as the review by the Court of Appeals described in ORS 183.482 (Jurisdiction for review of contested cases). The Supreme Court shall give priority on its docket to a petition for review under this section and render a decision within six months of the filing of the petition for review.

(6)

The following periods of delay shall be excluded from the six-month period within which the court must render a decision under subsection (5) of this section:

(a)

Any period of delay resulting from a motion properly before the court; or

(b)

Any reasonable period of delay resulting from a continuance granted by the court on the court’s own motion or at the request of one of the parties, if the court granted the continuance on the basis of findings that the ends of justice served by granting the continuance outweigh the best interests of the public and the other parties in having a decision within six months.

(7)

No period of delay resulting from a continuance granted by the Supreme Court under subsection (6)(b) of this section shall be excluded from the six-month period unless the court sets forth, in the record, either orally or in writing, the court’s reasons for finding that the ends of justice served by granting the continuance outweigh the best interests of the public and the other parties in having a decision within six months. The factors the court shall consider in determining whether to grant a continuance under subsection (6)(b) of this section are:

(a)

Whether the failure to grant a continuance in the proceeding would be likely to make a continuation of the proceeding impossible or result in a miscarriage of justice; or

(b)

Whether the case is so unusual or so complex, because of the number of parties involved or the existence of novel questions of fact or law, that it is unreasonable to expect adequate consideration of the issues within the six-month period.

(8)

No continuance under subsection (6)(b) of this section shall be granted because of general congestion of the court calendar or lack of diligent preparation or attention to the case by any member of the court or any party. [2013 c.335 §3]

Source: Section 758.017 — Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval; review vested in Supreme Court, https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html.

758.010
Authority to construct lines and facilities
758.012
Notice of intent to build transmission line to consumer-owned utilities and public utilities
758.013
Operator of electric power line to provide Public Utility Commission with safety information
758.015
Certificate of public convenience and necessity
758.017
Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval
758.020
Joint occupancy of poles
758.025
Relocation of utilities in highway right of way
758.035
Commission’s power to enforce joint use of facilities
758.120
Electric easement in provision of broadband services
758.125
Duties and rights not altered by ORS 758.120
758.130
Requirements for electric cooperative in provision of broadband services
758.210
Policy
758.215
Definitions for ORS 758.210 to 758.270
758.220
Authority for conversion to underground facilities
758.225
Petition, ordinance or resolution for conversion
758.230
Assessment procedure
758.235
Applicability of local improvement laws
758.240
Contract with utility for conversion
758.245
Payment of costs for conversion
758.250
Conversion of facilities on private lands
758.255
Discontinuance of utility service for noncompliance with conversion provisions
758.260
Competitive bidding for utility conversion
758.265
Overhead facilities in assessment district after conversion
758.270
Effect of ORS 758.210 to 758.270 on existing laws and rights
758.280
Definitions for ORS 758.280 to 758.286
758.282
Immunity of electric utility for pruning or removing vegetation in certain cases
758.284
Immunity of electric utility for pruning or removing vegetation in other cases
758.286
Immunity not applicable to liability for cost of abating fires
758.300
Definitions for ORS 758.300 to 758.320
758.302
Application for exclusive service territory
758.305
Exclusive service territories
758.310
Assignment or transfer of rights in exclusive service territory
758.315
Water utility service provided by persons not designated by commission
758.320
Application of ORS 758.300 to 758.320 to cities
758.400
Definitions for ORS 758.015 and 758.400 to 758.475
758.405
Purpose of ORS 758.400 to 758.475
758.410
Contracts for allocation of territories and customers
758.415
Enforceability of contract approved by commission
758.420
Filing of contract
758.425
Order of commission on contract
758.430
Amendment of contract
758.435
Application for allocation of territory
758.440
Order of commission on application
758.445
Judicial review of order on application
758.450
Contract required for allocation of territory
758.455
Investigation by commission respecting contracts or applications
758.460
Assignment or transfer of rights acquired by allocation
758.465
Enforcement procedure
758.470
Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475
758.475
Fees
758.480
Assumption of obligations arising out of Trojan Nuclear Plant
758.505
Definitions for ORS 758.505 to 758.555
758.515
Legislative findings
758.525
Avoided cost schedules
758.535
Criteria for qualifying facility
758.545
Electric utility required to make good faith effort to transmit energy
758.552
Ownership of renewable energy certificates for energy generated by qualifying facility
758.555
Effect of energy sales on qualifying facility
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