Pacific Northwest Bell Telephone Co. v. Eachus

This is a case involving the question of where jurisdiction lies to hear a challenge to a Public Utility Commission (PUC) rate decision. Under the customary form of PUC proceeding, a complaint is filed with (or by) the PUC, and at least one party is designated as a “defendant,” ORS 756.500(1).1 However, the present PUC proceeding was brought without a formal “complaint,” but instead on the PUC’s “own motion.” ORS 756.515.2 In a proceeding without a “complaint,” the statutes are silent as to whether the regulated party is to be considered a “defendant.” The importance of the “defendant”…