Qwest Corp. v. Public Utility Commission

This case is a proceeding under ORS 183.400 in which petitioner Qwest Corporation challenges rules adopted by the Public Utility Commission (PUC) regarding penalties for attachments to utility poles by nonowners in the absence of a contractual relationship between the pole user and pole owner. Qwest argues, among other things, that the PUC exceeded its authority when it enacted the rules. Alternatively, it argues that the legislature made an unconstitutional delegation to the PUC under Article I, section 21; Article III, section 1; and Article IV, section 1, of the Oregon Constitution and…