Pacificorp Power Marketing, Inc. v. Department of Revenue

In this property tax case, we are called upon to decide whether appellant, PacifiCorp Power Marketing, Inc. (PPM), 1 is subject to ad valorem taxation by the Department of Revenue (department) based upon its contract rights relating to a municipally owned electricity cogeneration facility (facility). The department assessed the facility and taxed PPM for the 2002-03 tax year, pursuant to ORS 308.505 to 308.665 (2001) (central assessment statutes), after determining that PPM had “used” the facility, for purposes of those statutes, through its various contracts with the City of Klamath Falls…