Friends of Columbia Gorge v. Energy Fac. Siting Coun.

Orders denying requests for contested case proceedings are final orders on the contested case requests. ORS 183.310(b)(6). A request for a contested case proceeding is not itself a contested case; they are “other than contested cases.” ORS 183.310(2)(a); ORS 183.484.

Petitioners sought judicial review of multiple orders issued by the Energy Facility Siting Council (EFSC), in which the EFSC refused Petitioners’ requests for a contested case proceeding.  The circuit court referred the case to the Court of Appeals to determine which court was authorized to decide the case.  Petitioners argued that the orders were “Final Orders” and the EFSC treated the orders as such.  Petitioners also asserted that a request for a contested case proceeding was not itself a contested case.  The EFSC argued that two of the orders were not final because they preceded agency action on the underlying decision.  Orders denying requests for contested case proceedings are final orders on the contested case requests.  ORS 183.310(b)(6).  A request for a contested case proceeding is not itself a contested case; they are “other than contested cases.”  ORS 183.310(2)(a); ORS 183.484.  The Court found the orders represented final agency action on the issue of whether Petitioners would get a contested case proceeding.  The Court further found the request for a contested case proceeding was not itself a requested case proceeding.  Thus, the Court held that the orders constituted final orders and, as “other than contested cases,” fell under the circuit court’s jurisdiction.  “Transferred to the Multnomah County Circuit Court pursuant [to] ORS 14.165(5)(a).”