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No utility rate increases until wildfire lawsuits resolved, Oregon lawmakers propose

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No utility rate increases until wildfire lawsuits resolved, Oregon lawmakers propose


Three Oregon lawmakers say they plan to introduce a bill that would bar utilities from raising rates if they have unresolved wildfire lawsuits for three or more years, describing it as an effort to hold PacifiCorp accountable as the utility faces a series of lawsuits stemming from the deadly 2020 wildfires that ravaged the state.

Republican state Reps. Jami Cate, Virgle Osborne and Ed Diehl announced their proposal in a statement Monday, on the heels of an approved rate increase for PacifiCorp customers and a federal lawsuit against the electric power company.

The federal government sued PacifiCorp last week over the Archie Creek Fire, which ignited in Oregon’s Douglas County in September 2020 and burned more than 200 square miles, about half of which was federal land. The complaint accuses the company of negligence for failing to maintain its power lines to prevent wildfires. In its filing, the government says it brought the suit to recover “substantial costs and damages.”

A PacifiCorp spokesperson said in an emailed statement Monday that the company was working with the U.S. government to resolve the claims.

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“It is unfortunate the U.S. government decided to file a lawsuit in federal district court, however PacifiCorp will continue to work with the U.S. government to find reasonable resolution of this matter,” the statement said.

The federal lawsuit was filed on the same day the Oregon Public Utility Commission approved a 9.8% rate increase for PacifiCorp’s residential customers next year. In its rate case filings, the company said its request to increase rates was partly due to higher costs stemming from wildfire risk and activity.

When the new rate takes effect in January, PacifiCorp rates will have increased nearly 50% since 2021, according to the Oregon Citizens’ Utility Board, which advocates on behalf of utility customers.

The three lawmakers said they will introduce their bill in the upcoming legislative session, which starts in January.

“The federal government is doing the right thing by filing this lawsuit, and we stand firmly behind it,” Osborne, who is set to be the future bill’s co-chief sponsor, said in a statement. “PacifiCorp needs to pay up and take responsibility for the destruction they’ve caused, and putting a stop to rate hikes is the best way to achieve it.”

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PacifiCorp is poised to be on the hook for billions in damages in the series of lawsuits over Oregon’s 2020 fires.

The company has already reached two settlement agreements over the Archie Creek Fire, including one for $299 million with 463 plaintiffs impacted by the blaze and another for $250 million with 10 companies with commercial timber interests, according to its website.

In other litigation, an Oregon jury in June 2023 found it liable for negligently failing to cut power to its 600,000 customers despite warnings from top fire officials and determined it should have to pay punitive and other damages — a decision that applied to a class including the owners of up to 2,500 properties. Since then, other Oregon juries have ordered the company to pay tens of millions to other wildfire victims.

The wildfires that erupted across Oregon over Labor Day weekend in 2020 were among the worst natural disasters in state history, killing nine people and destroying thousands of homes.

— The Associated Press

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Oregon

Convicted murderer sentenced to life in prison for Falls City, Oregon killing in 2024

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Convicted murderer sentenced to life in prison for Falls City, Oregon killing in 2024


A 63-year-old was sentenced to life in prison for shooting and killing a man with a shotgun during a fight at a Falls City, Oregon property back in 2024.

A jury convicted Terry Lawrence Allwen of second-degree murder back on March 20, the Polk County District Attorney’s Office said.

He was sentenced Friday to serve life in prison with the possibility of parole after 25 years.

READ MORE | ‘What kind of monster does that?’ mom says as man sentenced for daughter’s killing

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Allwen was also convicted of other charges like manslaughter, assault, and felon in possession of a firearm, but the sentences for those crimes will be served concurrently with the life sentence.

Court records show that Allwen was staying in an RV parked on a property owned by the victim, 79-year-old Bo Johnson.

At about 9 a.m. on May 31, 2024, Allwen and Johnson got into a verbal fight over some personal property. During that fight, Allwen got a shotgun from his trunk and shot Johnson once, killing him.

“Mr. Johnson had many more years to spend with his family. His senseless murder destroyed the dreams and plans of so many that loved him. I hope that the fact Mr. Allwen today received the maximum possible sentence will bring the family of Mr. Johnson some relief and sense of justice.”

If Allwen is granted parole, the judge also ordered that he have a lifetime of post-prison supervision.

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Merkley Announces Additional Oregon Town Halls April 2-4

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Merkley Announces Additional Oregon Town Halls April 2-4


Oregon’s U.S. Senator Jeff Merkley announced today he will hold seven in-person town halls for Oregonians in Gilliam, Sherman, Klamath, Lake, Deschutes, Crook and Jefferson counties between Thursday, April 2 and Saturday, April 4. These events follow previously announced town halls between Monday, March 30 and Wednesday, April 1.  “I’m looking forward to again visiting wonderful communities […]



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Oregon Supreme Court overturns JonBenét Ramsey photographer conviction

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Oregon Supreme Court overturns JonBenét Ramsey photographer conviction


The Oregon Supreme Court has overturned the conviction of a Lane County man who once photographed child beauty queen JonBenét Ramsey and was convicted in 2021 on several child pornography charges.

Randall DeWitt Simons, 73, of Oakridge, was charged in 2019 with 15 counts of first-degree encouraging child sex abuse. He was later convicted on every count and sentenced to 10 years in prison.

Simons was first arrested after authorities began investigating a report from a restaurant in Oakridge that someone had been using the restaurant’s Wi-Fi to download inappropriate and concerning images.

Law enforcement officers directed the business to track, log, and report all of the user’s internet activity to the investigating officer for more than a year, without a warrant.

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Police tracked the computer’s IP address from the restaurant’s Wi-Fi system, which led officers to a man who lived near the restaurant and had given Simons a computer, according to a probable cause affidavit filed in Lane County Circuit Court. Investigators obtained a warrant to search the laptop in Simon’s home, relying on information they had collected over time. He was subsequently arrested.

On March 26, the court ruled warrantless internet surveillance on public Wi-Fi violates privacy.

In an opinion written by Justice Bronson D. James, the court held that the Oregon Constitution recognizes people have a right to privacy in their internet browsing activities and the right is not extinguished when they use a publicly accessible wireless network. It’s even true in cases where that access is conditioned on a person accepting a terms-of-service agreement that says a provider may monitor activity and cooperate with law enforcement, James wrote.

During criminal proceedings in the Lane County Circuit Court, Simons moved to controvert the warrant and suppress the evidence obtained by police, arguing the business was a “state actor for purposes of Article I, section 9, and that its year-long warrantless surveillance was an unconstitutional, warrantless search attributable to the state,” the Supreme Court opinion said.

The Circuit Court denied Simon’s motion. The Oregon Court of Appeals affirmed the trial court’s decision in part and stated Simons had no cognizable privacy interest in his internet activities performed on a third-party network.

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The Oregon Supreme Court rejected the state’s argument.

“The mere fact that a person accesses the internet through a public network does not eliminate their Article I, section 9, right to privacy in their online activities,” according to James. “Even when access is expressly conditioned on a user’s acceptance of terms-of-service provisions purporting to alert the user that the provider may monitor activity and cooperate with law enforcement.”

Justice K. Bushong suggested in a partial dissent the Court should reconsider its approach in a future case to what constitutes a “search” under the Oregon Constitution. The court’s decision reverses the Court of Appeals and sends the case back to the Lane County Circuit Court for further proceedings.

Simons has maintained his innocence since he was arrested in 2019.

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Simons had been a photographer for 6-year-old Colorado beauty queen JonBenét Ramsey a few months before her still-unsolved 1996 murder, the Associated Press reported in 1998.

In October 1998, Simons was arrested on a charge of indecent exposure in Lincoln County, Colorado. According to the book “Perfect Murder, Perfect Town” by Lawrence Schiller, Simons was arrested in 1998 for allegedly walking nude down a residential street in the small town of Genoa, Colorado. Simons allegedly offered to the arresting deputy unprovoked, “I didn’t kill JonBenét.” 

Haleigh Kochanski is a breaking news and public safety reporter for The Register-Guard. You may reach her at HKochanski@gannett.com.



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