NewSun Energy, LLC v. Public Utility Commission of Oregon

The Oregon Court of Appeals affirmed Oregon Public Utility Commission orders regarding the implementation of a 2021 law regarding the decarbonization of Oregon’s electric grid. A renewable energy company argued that the Commission misinterpreted a statutory provision requiring that zero-emission electricity provide ancillary benefits to Oregon communities “to the maximum extent practicable.” The Court of Appeals rejected the company’s characterization of the Commission’s interpretation, finding that it appeared that Commission understood the law to require that it give weight to the policy considerations related to ancillary benefits to communities. The court acknowledged the possibility of future disputes about how to account for those policy considerations in the approval process for electric companies’ clean energy plans but said it would be premature to opine on that issue before the Commission took action.