Industrial Customers of Northwest Utilities v. Oregon Department of Energy

Pursuant to ORS 183.400(1), petitioner challenges the validity of OAR 330-160-0030, a rule adopted by the Oregon Department of Energy (ODOE) that establishes a system of renewable energy certificates for utilities. Petitioner filed two rule challenges, A138472 for OAR 330-150-0030 and A140416 for OAR 330-160-0030, that are consolidated here. ODOE repealed the first rule, OAR 330-150-0030, after failing to file it as a final rule in a timely manner. ODOE then adopted the virtually identical rule, OAR 330-160-0030. We now dismiss the first rule challenge, A138472, as moot, and proceed to…