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WIS. ENVIRONMENTAL DECADE v. PUBLIC SERV. COMM.

No. 80-2282.

105 Wis.2d 457 (1981)

313 N.W.2d 863

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

Court of Appeals of Wisconsin.

Decided November 24, 1981.

Attorney(s) appearing for the Case

For the appellant Public Service Commission of Wisconsin the cause was submitted on the briefs of Bronson C. La Follette, attorney general, Steven M. Schur, chief counsel, and Barbara E. James, assistant chief counsel.

For the appellant Wisconsin Electric Power Company the cause was submitted on the briefs of Larry J. Martin, Andrew M. Barnes and Quarles & Brady of Milwaukee.

For the respondent the cause was submitted on the brief of Kathleen M. Falk, general counsel.

Before Foley, P.J., Dean and Cane, JJ.

FOLEY, P.J.

The Public Service Commission of Wisconsin (PSC) and the Wisconsin Electric Power Company (WEPCO) appeal from a judgment reversing portions of a PSC rate order. The circuit court concluded that the inclusion of nuclear fuel costs in WEPCO's fuel adjustment clause1 violated the public hearing requirements of sec. 196.20 (2), Stats.2 The court also concluded that the PSC had failed to comply with...

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