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CITIZENS' UTILITY BOARD v. PSC

No. 96-0867.

211 Wis.2d 537 (1997)

565 N.W.2d 554

CITIZENS' UTILITY BOARD, Lake Michigan Federation, Lake Michigan Coalition, Thomas Lonsway, and Winnifred Smith, Petitioners-Respondents, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Appellant, WISCONSIN ELECTRIC POWER COMPANY, Intervenor. UPPER GREAT LAKES GREEN NETWORK, Petitioner-Respondent, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Appellant, WISCONSIN ELECTRIC POWER COMPANY, Intervenor.

Court of Appeals of Wisconsin.

Decided May 1, 1997.

Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the briefs of Barbara E. James of the Public Service Commission of Wisconsin of Madison. Oral argument by Barbara E. James.

For the intervenor the cause was submitted on the briefs of Larry J. Martin and Amy M. Hindman of Quarles & Brady of Madison. Oral argument by Larry J. Martin.

For the petitioner-respondent the cause was submitted on the briefs of Lee L. Cullen and Margaret A. Becker of Cullen, Weston, Pines & Bach of Madison. Oral argument by Margaret A. Becker.

Before Eich, C.J., Roggensack and Deininger, JJ.

DEININGER, J.

The Public Service Commission and Wisconsin Electric Power Company appeal an order vacating and remanding the Public Service Commission's decision and order authorizing Wisconsin Electric Power Company to construct an independent spent fuel storage installation at its Point Beach Nuclear Power Plant. The trial court concluded that the Public Service Commission had erred in determining that the Environmental...

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