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| | Oregon Judicial Department Appellate Court Opinions |
 | | Beaver Creek argues that the PUC, in adopting each of those rules, exceeded the scope of its statutory authority and that the rules are consequently invalid. |
 | | Rather, Beaver Creek's fundamental argument is that "cooperatives are not within the statutory provisions of ORS 759.020" and that, consequently, OAR 860-032-0010(4) and (5) depart from a legal standard expressed or implied in the statute being implemented. |
 | | Alternatively, Beaver Creek argues that the territory allocation statutes, ORS 759.500 to ORS 759.570, to which the PUC referred in its order adopting the proposed rules, are preempted by the Telecommunications Act, and that, consequently, OAR 860-032-0010(4) and (5) are invalid. |
| www.publications.ojd.state.or.us /A109890.htm (3951 words) |
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