Filed: June 25, 1998

IN THE SUPREME COURT OF THE STATE OF OREGON

DON'T WASTE OREGON COUNCIL,
UTILITY REFORM PROJECT, LLOYD K.
MARBET, and COLLEEN O'NEIL,

Petitioners,

v.

ENERGY FACILITY SITING COUNCIL
and HERMISTON POWER PARTNERSHIP,

Respondents.

(SC S43326)

On judicial review from the Final Order of the Energy Facility Siting Council dated March 25, 1996.

Argued and submitted March 4, 1997.

Daniel W. Meek, Portland, argued the cause for petitioners Don't Waste Oregon Council, Utility Reform Project, Lloyd K. Marbet and Colleen O'Neil.

John T. Bagg, Assistant Attorney General, Salem, argued the cause for respondent Energy Facility Siting Council. With him on the response were Virginia L. Linder, Solicitor General, and David Schuman, Deputy Attorney General.

Peter D. Mostow, of Stoel Rives LLP, Portland, argued the cause for respondent Hermiston Power Partnership. With him on the response was Richard S. Gleason.

Before Carson, Chief Justice, and Gillette, Van Hoomissen, and Durham, Justices.

MEMORANDUM OPINION

Judicial review dismissed as moot.

*Fadeley, J., retired January 31, 1998, and did not participate in this decision; Graber, J., resigned March 30, 1998, and did not participate in this decision; Kulongoski, J., did not participate in the consideration or decision of the case.


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