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Advocates fight for consumer rights against major electricity provider in Oregon

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Tuesday, December 12, 2023   

Groups in Oregon are fighting for consumer rights in the face of what they call "a concerning request" from PacifiCorp, the state's second largest electricity provider.

Earlier this year, PacifiCorp asked the Oregon Public Utility Commission to set limits on future lawsuit awards, restricting payments to actual damages for property and loss of life.

Jagjit Nagra, executive director of the Oregon Consumer Justice group, said this request puts customer rights in jeopardy.

"Because essentially what they're saying is that if you want electricity, you have to, you the consumer, have to take the risk, not just of us being negligent, as the jury found earlier, but also for us being recklessly indifferent to causing harm to our customers, " Nagra said.

Nagra pointed out the company's request protects its investors, and argues that removing nonpunitive damages relieves PacifiCorp of responsibility and denies consumers the ability to seek adequate remedies for their losses. He noted the filing came after a Multnomah County jury found PacifiCorp liable for wildfires that occurred on Labor Day of 2020 and ordered them to pay nearly $72 million in damages to the victims.

Mike Goetz, general counsel for the Oregon Citizen's Utility Board, shares the concern and said allowing customers to pursue damages ensures utilities operate their systems safely. He explained, for his organization, one major concern lies in the legality of PacifiCorp's filing.

"We feel there are legal issues related to the filing and that it may not be either within the scope of the Oregon Commission's authority to grant a filing like this, and that such a broad and sweeping liability waiver may not be eventually enforceable by Oregon courts, " he continued.

Another important aspect is the growing threat of wildfires due to climate change. Goetz said the need for utilities to make responsible operational changes, given the increasing risks associated with wildfires.

"Utilities no doubt will have to invest in their system and make sure that they're operating it in a safe way to minimize their role in starting and spreading wildfires and to also make sure that their system is resilient to wildfires that are caused not by their doing," Goetz said.

Overall, he added, the issue comes down to fairness between large corporations like PacifiCorp and consumers who often lack alternatives.

Oregon Consumer Justice and Oregon Citizens Utility Board have said they both intend to intervene in the proceedings, to protect customer rights and amplify the voices of those who could be affected in the future.


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