Or. Rev. Stat. § 756.200

Effect of utility laws on common law and other statutory rights of action, duties and liabilities

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      756.200 Effect of utility laws on common law and other statutory rights of action, duties and liabilities. (1) The remedies and enforcement procedures provided in ORS chapters 756, 757, 758 and 759 do not release or waive any right of action by the state or by any person for any right, penalty or forfeiture which may arise under any law of this state or under an ordinance of any municipality thereof.

      (2) All penalties and forfeiture accruing under said statutes and ordinances are cumulative and a suit for and recovery of one, shall not be a bar to the recovery of any other penalty.

      (3) The duties and liabilities of the public utilities or telecommunications utilities shall be the same as are prescribed by the common law, and the remedies against them the same, except where otherwise provided by the Constitution or statutes of this state, and the provisions of ORS chapters 756, 757, 758 and 759 are cumulative thereto. [Formerly 760.045; 1973 c.776 §27; 1987 c.447 §87; 1995 c.733 §64]

 

FUNDS AND FEES

Notes of Decisions
Cited in 5 cases, 1984–2006 · leading case: Dreyer v. Portland General Electric Co.
Dreyer v. Portland General Electric Co. (2006) or · cites it 3× “Plaintiffs pointed, in that regard, to ORS 756.200, which provides: “(1) The remedies and enforcement procedures provided in ORS chapters 756, 757, 758 and 759 do not release or waive any right of action by the state or by any person for any right, penalty or forfeiture which…”
At&T Communications of Pacific Northwest, Inc. v. City of Eugene (2001) orctapp “Also, ORS 756.200 provides that the remedies and enforcement procedures spelled out in ORS chapters 756, 757, 758, and 759 “do not release or waive any right of action by the state or by any person for any right, penalty or forfeiture which may arise under any law of this state…”
Isom v. Portland General Electric Co. (1984) orctapp · cites it 2× “See ORS 756.200(1). 9 *105 Plaintiffs claim that PGE violated ORS 646.”
Market Transport, Ltd. v. Maudlin (1986) or “, ORS 756.200 (duties and liabilities of, and remedies against, public utilities and carriers remain the same as prescribed by common law).”
Wildish Sand & Gravel Co. v. Northwest Natural Gas Co. (1990) orctapp · cites it 2× “Plaintiff also argues that, under ORS 756.200, the court should have permitted it to prove common law theories of liability.”
— Or. Rev. Stat. § 756.200(1) — 1 case
Isom v. Portland General Electric Co. (1984) orctapp “See ORS 756.200(1). 9 *105 Plaintiffs claim that PGE violated ORS 646.”
— Or. Rev. Stat. § 756.200(2) — 1 case
Dreyer v. Portland General Electric Co. (2006) or “Plaintiffs pointed, in that regard, to ORS 756.200, which provides: “(1) The remedies and enforcement procedures provided in ORS chapters 756, 757, 758 and 759 do not release or waive any right of action by the state or by any person for any right, penalty or forfeiture which…”
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