Power lawsuit resurrected

By Ty Beaver

H&N's Staff Writer

January 25, 2008

   A group of irrigators resurrected a lawsuit filed against PacifiCorp for terminating a 50 -year old power agreement. 

   Klamath Off-Project Water Users said Thursday that off-Project irrigators had suspended the lawsuit, which seeks $86 million in damages, until the release of the proposed Klamath Basin Restoration Agreement. 

   The agreement was released Jan. 15, and the group says it isn’t viable. 

   “There are no assurances that any power rate will ever be funded under the settlement agreement, and even if a power rate were to be funded, we do not believe the funds would achieve anywhere near the projected goal,” said group president Edward Bartell in a press release. 

   Off-Project irrigators originally received PacifiCorp power under the 1956 “Off-Project Agreement” for a fixed rate. PacifiCorp requested and received permission to terminate the contract in April 2006 from the Public Utility Commission of Oregon. 

   The Portland-based utility company sought termination of the contract so it could raise power rates, the group says, but because the contract had no expiration date, the termination was a breach of contract. The lawsuit was filed in November 2006. 

   A Thursday evening phone call to Toby Freeman, regional community manager for PacifiCorp, was not returned by press time.  

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