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STATE EX REL. WIS. ELEC. POWER CO. v. BARDWELL

No. 75-521.

71 Wis.2d 718 (1976)

239 N.W.2d 78

STATE EX REL. WISCONSIN ELECTRIC POWER CO., Petitioner: WISCONSIN POWER & LIGHT Co., Intervenor-Petitioner, v. HON. RICHARD W. BARDWELL, Judge of the Circuit Court of Dane County, Branch 1, and others, Respondents.

Supreme Court of Wisconsin.

Decided March 2, 1976.

Attorney(s) appearing for the Case

For the petitioner there were briefs by David E. Beckwith, Timothy C. Frautschi, John S. Skilton and Foley & Lardner, attorneys, of Milwaukee; Quarles & Brady of Milwaukee and Sullivan & Cromwell of New York, of counsel, and oral argument by Mr. Beckwith.

For the intervenor-petitioner there was a brief by Eugene O. Gehl and Griffin G. Dorschel of Madison, and oral argument by Mr. Gehl.

For the respondent Public Service Commission there was a brief by Bronson C. La Follette, attorney general, and Steven M. Schur, chief counsel for Public Service Commission, and oral argument by Mr. Schur.

For all other respondents there was a joint brief by Myron M. Cherry of Chicago, Illinois, and Stephen D. Brown of Madison, and oral argument by Mr. Cherry.

CONNOR T. HANSEN, J.

The issue presented for determination is:

If a utility issues securities pursuant to a certificate of authority granted by the PSC in accordance with ch. 184, Stats., do these securities continue to be valid and not subject to recall or being declared invalid, if, upon judicial review, it is determined that the commission erred in granting the certificate of authority?

As background, the following facts are relevant to this case...

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