PacifiCorp v. City of Ashland

*368RICHARDSON, P. J.

Both parties petition for review and ask that we reconsider our previous decision. 88 Or App 15, 744 P2d 257 (1987). ORAP 10.10. We deny plaintiff s petition, grant defendant city’s petition and modify and adhere to our former opinion.

City’s petition challenges our remand of the summary judgment for it on plaintiffs first claim. We based that holding on our conclusion that, contrary to city’s argument, the authority to regulate public utilities and to provide utility services, which various provisions in ORS chapters 221, 223 and 225 confer on cities, does not render the…