Freres Engineered Wood has petitioned to intervene in PacifiCorp’s attempts to impose limits on customer lawsuits as they seek damages from the utility for the 2020 Labor Day fires.
The company filed with the Oregon Public Utility Commission (PUC) Feb. 16 saying it has a direct stake in PacifiCorp’s request to add a limited liability clause to its contract for services.
The clause would effectively ban all PacifiCorp customers from seeking non-economic damages against the company or damages caused by anything other than the use of electric services.
PUC has been given until April 9 to approve or deny the request, or to seek more time to investigate the matter.
Freres’ filing said it could be directly impacted by the outcome due to its heavy losses of timber land and work stoppages from the PacifiCorp-caused Santiam Fire in 2020. A $15.7 million suit by Freres against PacifiCorp is set for trial April 22 and the proposed limits could “significantly and negatively impact Freres’s interests,” said the petition.
As of press time Freres’ petition had yet to be approved.
Freres would be the ninth group to intervene in PacifiCorp’s request since it was first filed with PUC Oct. 24, 2023.
Others include class members in James et al vs. PacifiCorp, Portland General Electric, Idaho Power, Oregon Citizens Utility Board, Oregon Consumer Justice, Alliance of Western Energy Consumers, Green Energy Institute and Sierra Club.
Intervenors were expected to file opening briefs Feb. 20 detailing their interests in the matter. This deadline was pushed to Feb. 27, beyond Our Town’s press deadline, after attorneys for the James class requested a time extension.
The attorneys said a member of their team had contracted COVID, while they were also preparing for a Feb. 26 Phase 2 damage trial against PacifiCorp.
