Or. Rev. Stat. § 756.565

Prima facie effect of commission actions

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756.565 Prima facie effect of commission actions. All rates, tariffs, classifications, regulations, practices and service fixed, approved or prescribed by the Public Utility Commission and any order made or entered upon any matter within the jurisdiction of the commission shall be in force and shall be prima facie lawful and reasonable, until found otherwise in a proceeding brought for that purpose under ORS 756.610. [Formerly 760.575; 2005 c.638 §5]

Notes of Decisions

Cited in 7 cases, 1977–2016 · leading case: Pacific Northwest Bell Telephone Co. v. Davis

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Pacific Northwest Bell Telephone Co. v. Davis (1979) orctapp · cites it 4× “[8] The Commissioner attempts to avoid the controlling impact of Peterson by under-scoring Peterson's reference to "* * * a statute which grants a presumption of validity to administrative regulations * *," and he relies on ORS 756.565 which provides: "* * * All rates, tariffs,…”

Dreyer v. Portland General Electric Co. (2006) or “In support of that argument, plaintiffs point out that, according to ORS 756.565, a PUC-approved rate is only “prima facie” lawful: “All rates, tariffs, [etc.”

Garrison v. Pacific Northwest Bell (1980) orctapp “Under ORS 756.565, "All rates, tariffs, classifications, regulations, practices and service fixed, approved or prescribed by the commissioner * * * shall be in force and shall be prima facie lawful and reasonable, until found otherwise in a proceeding brought for *530 that…”

Gearhart v. Public Utility Commission (2013) orctapp “610 (judicial review), the order is presumptively valid during the challenge, ORS 756.565 (“All rates, tariffs, * * * and any order * * * shall be in force and shall be prima facie lawful and reasonable, until found otherwise in a proceeding brought for that purpose under ORS…”

Cascade Natural Gas Corp. v. Davis (1977) orctapp “” 2 See also ORS 756.565. "All rates, tariffs, classifications, regulations, practices and service fixed, approved or prescribed by the commissioner and any order made or entered upon any matter within his jurisdiction shall be in force and shall be prima facie lawful and…”

Simpson v. Phone Directories Co. (1986) orctapp “ORS 756.565 states that all rates and service levels approved by the PUC are prima facie lawful and reasonable and that those rates and service levels are subject to attack only in actions prosecuted against the PUC for that purpose.”

Bull Mountain Meadows, LLC v. Frontier Communications Northwest, Inc. (2016) orctapp “See ORS 756.565 (“All rates, tariffs, * * * approved or prescribed by the Public Utility Commission * * * shall be in force and shall be prima facie lawful and reasonable.”

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