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GTE NORTH INC. v. PUBLIC SERVICE COMM.

No. 91-0552.

176 Wis.2d 559 (1993)

500 N.W.2d 284

GTE NORTH INCORPORATED, Petitioner-Appellant-Cross Respondent, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Respondent-Cross Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided June 3, 1993.

Attorney(s) appearing for the Case

For the respondent-respondent-cross appellantpetitioner there were briefs and oral argument by Steven M. Schur, chief counsel.

For the petitioner-appellant-cross respondent there was a brief by David E. Hightower, Bloomington, IL and Thomas Terwilliger, Wausau and oral argument by Mr. Hightower.

WILLIAM A BABLITCH. J.

The only issue before this court is whether the Wisconsin Public Service Commission (PSC) has the statutory authority to order a refund of compensation collected by a utility in violation of its filed tariffs. The court of appeals held that the PSC does not have this authority. We conclude that the statutes, supported by public policy, compel an opposite result. Accordingly, we reverse.

The procedural history of this case is complicated...

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