ORS 758.465
Enforcement procedure

In the event a contract approved by the Public Utility Commission is breached or in the event an allocated territory is served by a person not authorized by such contract, or order of the commission, the aggrieved person or the commission may file an action in the circuit court for any county in which is located some or all of the allocated territory allegedly involved in said breach or invasion, for an injunction against said alleged breach or invasion. The trial of such action shall proceed as in an action not triable by right to a jury. Any party may appeal to the Court of Appeals from the court’s judgment, as in other equity cases. The remedy provided in this section shall be in addition to any other remedy provided by law. [Formerly 757.675; 1979 c.284 §198; 2003 c.576 §561]
§§ 758.400 to 758.475

Notes of Decisions

Municipalities are subject to exclusive territorial allocation statutes and, although cities have certain authority to regulate public utilities, they may not compete with exclusive provider in allocated territory by reason of their regulatory authority. Pacificorp v. City of Ashland, 88 Or App 15, 744 P2d 257 (1987), as modified by 89 Or App 366, 749 P2d 1189 (1988), Sup Ct review denied

City may provide utility services in territory allocated to another provider pursuant to these sections if it exercises authority under ORS 221.420 to exclude or eject provider from territory, however, city’s mere placement of utility facilities and provision of services in territory is not exercise of that authority and is violation of allocation statutes in absence of formal action by city to eject or exclude provider. PacifiCorp v. City of Ashland, 89 Or App 366, 749 P2d 1189 (1988), Sup Ct review denied

Order of Public Utility Commission issued in conjunction with agreement between electric companies to exchange electric facilities within certain defined areas did not authorize monopolization of service. Pacificorp v. Portland General Electric Co., 770 F Supp 562 (1991)

Atty. Gen. Opinions

Constitutionality of allocation statutes as applied to people’s utility districts, (1987) Vol 45, p 209

Last accessed
May. 15, 2020