Clackamas County commissioners weigh response after PGE proceeded with pole work while LUBA appeal is pending

Clackamas County commissioners spent the bulk of their Feb. 5 meeting discussing a contested utility project in the Stafford area after residents raised concerns that Portland General Electric began installing poles while a Land Use Board of Appeals (LUBA) appeal was still pending.

Chair Roberts opened the discussion by asking whether the county should act to represent constituent concerns and the board heard multiple perspectives from elected members and county counsel. Commissioners said they empathize with residents and described feelings of limited authority because land-use appeals and conditional-use permits are ultimately processed through the hearings officer and LUBA, not by the board.

Commissioner Helm noted the area’s pastoral character and said she would be “appalled” if large poles were put in similar neighborhoods. Commissioner West said PGE had the "hubris" to proceed and observed that oral arguments at LUBA were scheduled for Feb. 10 with a decision expected in about a month. Several commissioners recommended coordinated outreach to state legislators, including Sen. Wagner and Rep. Walters, to see if legislative engagement or a joint letter might prompt additional review or a pause in work.

County Counsel Billy Williams cautioned the board about undercutting the hearings officer's decision and recommended persuasive, non-directive communications. "If anything, I might recommend you focus on the letter to PGE saying, would you consider? You’re not directing. You’re not demanding. Would you consider?" Williams said.

The board directed staff to draft a letter to PGE expressing concern about construction while appeals are pending, to explore outreach to the area’s state legislators and to prepare drafts for the board’s review. Administrator Gary Schmidt and counsel said staff would attempt to coordinate with the county caucus and return draft letters to the commissioners on Tuesday; they also noted that LUBA oral argument is Feb. 10 with an expected decision around March 5.

No formal enforcement action or legal motion was taken at the meeting. Commissioners said the county remains limited by land-use statutes and the LUBA process but indicated willingness to engage politically and with the public to seek a pause or further review of PGE’s work while the appeal is pending.