Gearhart v. Public Utility Commission

I agree with much of the majority’s discussion. My disagreement with the ultimate disposition of the majority stems from my view that the methodology that the PUC adopted to determine whether plaintiffs had been damaged and the nature of any remedy that the PUC could provide went beyond the scope of the remands on the previous judicial reviews.

As the majority has noted, rather than simply examining the impact on the pre-October 2000 rates of including Trojan in the rate base, the PUC concluded that it had the authority on remand to re-evaluate the pre-October 2000 rates to make substantial…