Wildish Sand & Gravel Co. v. Northwest Natural Gas Co.

Plaintiff brought this action, asserting that defendant charged it a higher rate for natural gas than it charged plaintiffs competitors. Plaintiff appeals a summary judgment for defendant. We affirm.

These facts are not in dispute. Plaintiff is an asphalt and concrete producer, with two plants in Eugene. From 1978 to 1986, plaintiff purchased natural gas from defendant under Rate Schedule 23, which provided for interruptible service at an incentive rate for customers with alternative fuel capacity. Schedule 23 included a special oil option for customers whose alternative fuel was oil.…