WISCONSIN POWER & LIGHT COMPANY, Petitioner-Respondent,
WISCONSIN PUBLIC SERVICE CORPORATION, Intervenor-Respondent,
v.
PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Appellant,
VULCAN MATERIALS COMPANY, Berlin Foundry Corporation, General Motors Corporation, Enzyme Bio-Systems, 3M Company, Georgia-Pacific Corporation, and Penda Corporation (collectively the Wisconsin Industrial Energy Group and WIEG), Intervenors-Appellants.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument May 7, 1992.
Decided October 1, 1992.
Attorney(s) appearing for the Case
For the respondent-appellant the cause was orally argued and submitted on the briefs of Barbara E. James of Public Service Commission of Madison.
For the intervenors-appellants the cause was submitted on the briefs of Michael G. Stuart, Jon C. Nordenberg and Anita T. Callucci of Boardman, Suhr, Curry & Field, Madison, and oral argument by Michael G. Stuart.
For the petitioner-respondent the cause was submitted on the briefs of Barbara J. Swan and William D. Harvey of Wisconsin Power & Light Company, Madison, and oral argument by William D. Harvey.
For the intervenor-respondent the cause was submitted on the briefs of Allen W. Williams, Jr., and Bradley D. Jackson of Foley & Lardner, Milwaukee, and oral argument by Bradley D. Jackson.
Amicus curiae brief was filed by Lee Cullen of Cullen, Weston, Pines & Bach, Madison, for Citizens Utility Board.
Before Eich, C.J., Dykman and Sundby, JJ.
Court of Appeals of Wisconsin.
EICH, C.J.
The Wisconsin Public Service Commission appeals from an order reversing its decision ordering the Wisconsin Power and Light Company (WPL) to pay a $9 million penalty and permanently excluding certain costs from its rate base.1 The commission assessed the penalty upon a determination that WPL had "imprudent[ly] manage[d]" a coal-purchase contract. In a separate finding, the commission determined that WPL had failed to collect...
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