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DON'T WASTE OR. COM. v. ENERGY FAC.

SC S41175.

881 P.2d 119 (1994)

320 Or. 132

DON'T WASTE OREGON COMMITTEE and Lloyd K. Marbet, Petitioners, v. ENERGY FACILITY SITING COUNCIL, Public Utility Commission, Hermiston Generating Company, City of Hermiston, and Hermiston 2000, Respondents.

Supreme Court of Oregon, In Banc.

Decided September 29, 1994.

Reconsideration Denied October 27, 1994.

Attorney(s) appearing for the Case

Daniel W. Meek, Portland, argued the cause and filed the petition and reply brief for petitioners.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondents Energy Facility Siting Council and Public Utility Com'n. With him on the response were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Jacob Tanzer, of Ball, Janik & Novack, Portland, argued the cause for respondent Hermiston Generating Co. With him on the response was Richard M. Whitman.

Rustin Brewer, Hermiston, waived appearance for respondent City of Hermiston.

Daniel Hill, Hermiston, waived appearance for respondent Hermiston 2000.

Barbee B. Lyon, of Tonkon, Torp, Galen, Marmaduke & Booth, Portland, filed a brief on behalf of amicus curiae Portland General Elec. Co.

GRABER, Judge.

This case is before us on review from a Final Order of the Energy Facility Siting Council (EFSC), certifying a proposed natural gas facility near Hermiston to generate electricity.1 For the reasons that follow, we affirm EFSC's Final Order.

PROCEDURAL, LEGISLATIVE, AND REGULATORY BACKGROUND

Petitioners challenge the validity of OAR 345-23-010(2), the rule under which EFSC was considering the site certification...

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