ORDER NO. 96-137

ENTERED MAY 27 1996

THIS IS AN ELECTRONIC COPY

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

DR 14

In the Matter of the Petition Filed by OREGON ENERGY COMPANY L.L.C. for a Declaratory Ruling. )ORDER

)

DISPOSITION: COMMISSION DECLINES TO ISSUE DECLARATORY RULING

On March 21, 1996, Oregon Energy Company L.L.C. filed a petition for a declaratory ruling. The petition relates to a proposed gas-fired cogeneration facility to be located in St. Helens, Oregon. On April 1, 1996, Portland General Electric Company filed a petition to intervene, and on April 17, 1996, filed comments responding to the petition.

At its April 30, 1996, public meeting, the Commission considered the petition. The Commission's Staff presented a report in which it recommended that the petition be denied. The Commission adopted the Staff report and denied the petition. The Staff report is attached to this order.

Pursuant to ORS 756.450, the Commission has authority to either issue a declaratory ruling or to decline to issue a declaratory ruling. The Commission elects not to issue a declaratory ruling in this proceeding, for the reasons stated in the Staff report.

ORDER

IT IS ORDERED that the petition for a declaratory ruling filed by Oregon Energy Company L.L.C., is denied.

Made, entered, and effective ___________________________.

______________________________

Roger Hamilton

Chairman

____________________________

Ron Eachus

Commissioner

  ____________________________

Joan H. Smith

Commissioner

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this orders. The request must comply with the requirements in OAR 860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0070(2). A party may appeal this order to a court pursuant to ORS 756.580.