Emerald Peoples Utility District v. Energy Facility Siting Council

Petitioners petition for judicial review of a decision of the Energy Facility Siting Council of Oregon (EFSC) which, through rulemaking procedures, amended provisions of OAR 345-26-370 pertaining to the disposal of certain radioactive components of the Trojan nuclear power facility (Trojan) in Columbia County, which ceased operations in 1993.

The EFSC and Portland General Electric (PGE)1 assert as an initial matter that this court does not have jurisdiction under ORS 469.403(3) (1993) to hear petitioners’ appeal. Respondents also respond to the merits of petitioners’ various claims. Because we…