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WIS. ENVIRONMENTAL DECADE v. PUB. SERVICE COMM.

No. 75-403.

79 Wis.2d 409 (1977)

256 N.W.2d 149

WISCONSIN'S ENVIRONMENTAL DECADE, INC., Respondent, v. PUBLIC SERVICE COMMISSION, and another, Appellants.

Supreme Court of Wisconsin.

Decided July 1, 1977.

Attorney(s) appearing for the Case

For the appellant Public Service Commission there were briefs by Bronson C. La Follette, attorney general, Steven M. Schur, chief counsel, and Steven Levine, assistant chief counsel of Public Service Commission, and oral argument by Mr. Schur.

For the appellant Wisconsin Electric Power Company there were briefs by Robert H. Gorske, general counsel, Wisconsin Electric Power Company, W. Stuart Parsons, T. Michael Bolger and Quarles & Brady, and oral argument by Mr. Parsons, all of Milwaukee.

For the respondent there were briefs by Melvin L. Goldberg and oral argument by Kathleen M. Falk, both of Madison.

ABRAHAMSON, J.

On December 4, 1972, Wisconsin Electric Power Company (hereinafter WEPCO) filed an application with the Public Service Commission of Wisconsin for authority to increase its electric rates so as to be "made whole" for increases in taxes, depreciation, the cost of money and other operating costs occurring subsequent to a December 3, 1971, rate order of the Commission. The application requested rate increases such as would permit a return on common stock...

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