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WIS. ENVIRONMENTAL DECADE v. PUBLIC SERVICE COMM.

No. 76-478.

81 Wis.2d 344 (1978)

260 N.W.2d 712

WISCONSIN'S ENVIRONMENTAL DECADE, INC., Petitioner-Respondent, v. PUBLIC SERVICE COMMISSION, Respondent: WISCONSIN ELECTRIC POWER COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided January 3, 1978.

Attorney(s) appearing for the Case

For the appellant there were briefs by Elwin J. Zarwell, Robert H. Diaz, Larry J. Martin, Andrew M. Barnes, Quarles & Brady, and Robert H. Gorske, vice president and general counsel of Wisconsin Electric Power Company, with oral argument by Larry J. Martin and Robert H. Gorske, all of Milwaukee.

For Public Service Commission of Wisconsin the cause was argued by Steven M. Schur, chief counsel, with whom on the brief were Bronson C. La Follette, attorney general, and Steven Levine, assistant chief counsel.

For Wisconsin's Environmental Decade, Inc., there was a brief and oral argument by Kathleen M. Falk of Madison.

HEFFERNAN, J.

On January 17, 1974, Wisconsin Electric Power Co. (WEPCO) applied to the Public Service Commission (PSC) for increases in electric rates. WEPCO sought by this application to be made whole, that is, to be enabled to earn a rate of return which had previously been authorized as just and reasonable, but which WEPCO had been unable to earn as a result of increasing costs.

After public hearing, the PSC filed an interim order on July 18, 1974, and...

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