Chase Gardens, Inc. v. Oregon Public Utility Commission

886 P.2d 1087, 131 Or. App. 602, 1994 Ore. App. LEXIS 1819
CourtCourt of Appeals of Oregon
DecidedDecember 14, 1994
Docket93C12957; CA A82971
StatusPublished
Cited by1 cases

This text of 886 P.2d 1087 (Chase Gardens, Inc. v. Oregon Public Utility Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chase Gardens, Inc. v. Oregon Public Utility Commission, 886 P.2d 1087, 131 Or. App. 602, 1994 Ore. App. LEXIS 1819 (Or. Ct. App. 1994).

Opinion

WARREN, P. J.

Plaintiff appeals from a judgment of the circuit court affirming an order of the Public Utility Commission (PUC), which declared that actions of intervenor Northwest Natural Gas Company (NNG) did not constitute unjust discrimination in violation of ORS 757.3101 or ORS 757.325.2 We affirm.

Plaintiff grew roses for sale to florists and used natural gas to heat its greenhouses. On December 10, 1990, NNG sent plaintiff a bill for $52,563, which became delinquent December 26. On December 27, NNG told plaintiff that it would terminate gas service unless plaintiff paid the bill in full. NNG filed crop liens on plaintiffs roses on December 31. On January 7,1991, the parties met to discuss payment and billing matters, including the amount of plaintiffs bill for the December services and charges. The parties did not agree on a payment plan. Two days later, NNG informed plaintiff in writing that it would not terminate service if plaintiff paid it $60,000 by January 15. NNG also told plaintiff that it would release the crop lien if plaintiff paid $100,000 by that date. On January 11, 1991, NNG sent plaintiff a bill for $148,895, reflecting services rendered as of December 31,1990. Plaintiff could not pay that bill, in part, because it lost its credit line as a result of the crop liens. Later, plaintiff permanently closed its business.

[605]*605NNG filed an action seeking to attach plaintiffs assets. Plaintiff asserted a counterclaim alleging “unjust discrimination as set forth in ORS 757.310 and 757.325.” The circuit court stayed the action, so that NNG could petition PUC for a declaratory ruling to determine whether NNG’s conduct violated those statutes. PUC issued an opinion, based on the facts alleged in plaintiffs counterclaim and on supplemental facts provided by NNG, which held that NNG (fid not violate either ORS 757.310 or ORS 757.325. Plaintiff appeals from a judgment of the circuit court that upheld that order.

Although this is an appeal from a judgment of the circuit court, we review PUC’s order. ORS 756.598; Pacific Northwest Bell Telephone Co. v. Katz, 116 Or App 302, 305, 841 P2d 652 (1992), rev den 316 Or 527 (1993). There are several applicable standards of review. Citizens’ Utility Board v. Public Utility Commission, 128 Or App 650, 655, 877 P2d 116, rev den 320 Or 272 (1994). The party seeking to reverse PUC has the burden to show, by “clear and satisfactory evidence,” that the order is “unreasonable or unlawful.” ORS 756.594. Whether or not we agree with PUC’s inferences or reasoning, we will uphold the order if it discloses a rational relationship between the facts and the legal conclusion reached. Pacific Northwest Bell Telephone Co. v. Katz, supra, 116 Or App at 305. To the extent that PUC’s determinations involve the exercise of discretion that has been delegated to it, we review to determine whether PUC’s decision is within the range of discretion allowed by the more general policies of the statutes. Springfield Education Assn. v. School Dist., 290 Or 217, 219, 621 P2d 547 (1980); Citizens’ Utility Board v. Public Utility Commission, supra, 128 Or App at 655.

Plaintiffs first assignment is that PUC erred in declaring that, under ORS 757.310, NNG did not unjustly discriminate against plaintiff.3 In its opinion, PUC said:

“NNG demanded more from [plaintiff] than was delinquent according to the December 10,1990, bill. On January [606]*6069, 1991, the overdue amount that [plaintiff] owed was $52,562. NNG proposed a payment plan under which [plaintiff] would pay either $60,000 (to avoid termination of service) or $100,000 (to have the crop lien released). However, the Commission concludes that NNG’s demand was not a request for a deposit. The January 9, 1991, letter is a demand for part payment for services already consumed. The parties met on January 7,1991, and discussed the amounts that [plaintiff] would owe for December 1990 consumption. The January 11,1991 bill to [plaintiff] showed a total due of $148,894. That amount reflects [plaintiffs] usage through December 31,1990. NNG’s demand for $60,000 or $100,000 on January 9, 1991, is a demand for payment for services already rendered. NNG demanded payment two days before its bill had issued, but that is a collection issue, not an issue covered by ORS 757.310.
* * * *
“Under the assumed facts, NNG did not directly or indirectly charge, demand, collect or receive from [plaintiff] a greater or less compensation for any service rendered than that prescribed in its tariffs or than it charged other customers in substantially similar circumstances. NNG did not violate ORS 757.310.”

Plaintiff raises several arguments about ORS 757.310. However, those arguments are predicated on its assertion that NNG violated applicable tariffs by demanding, in its January 9, 1991, letter, more from plaintiff than was delinquent. Plaintiff characterizes that demand as an unlawful request by NNG for a deposit.

At the time, the applicable tariff provided, in part:
“Regular monthly gas bills are due when rendered and become delinquent upon expiration of the date printed on the bill.” (Emphasis supplied.)

The plain language of ORS 757.310 provides, in part, that a public utility is guilty of unjust discrimination if it directly or indirectly collects or receives greater or lesser compensation for any service rendered by it than that prescribed in the public tariffs.4 PUC concluded that the January 9, 1991, letter was a demand for part payment for services already [607]*607consumed. See Holman Transfer Co. v. PNB Telephone Co., 287 Or 387, 401-03, 599 P2d 1115 (1979). There is no claim that NNG demanded greater compensation from plaintiff than from any other customer or charged plaintiff for services that had not yet been rendered to plaintiff.

PUC applied the tariff and the language of ORS 757.310 to the facts, and concluded that NNG did not violate that statute.

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Bluebook (online)
886 P.2d 1087, 131 Or. App. 602, 1994 Ore. App. LEXIS 1819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chase-gardens-inc-v-oregon-public-utility-commission-orctapp-1994.