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WISCONSIN END-USER GAS ASS'N v. PSC

No. 97-1465.

218 Wis.2d 558 (1998)

581 N.W.2d 556

WISCONSIN END-USER GAS ASSOCIATION and American National Can Company, Petitioners-Respondents, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided April 8, 1998.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the brief of Robert J. Mussallem, Chief Counsel, Natural Gas Division, and Steven Levine, Legal Counsel, Public Service Commission of Wisconsin.

On behalf of the petitioners-respondents, the cause was submitted on the brief of Niles Berman and Janet L. Kelly of Wheeler, Van Sickle & Anderson, S.C. of Madison.

Before Snyder, P.J., Brown and Anderson, JJ.

SNYDER, P.J.

The Public Service Commission of Wisconsin (PSC) appeals from a circuit court order finding that a penalty tariff imposed for the unauthorized use of gas during a period of interruption was ambiguous on its face and that the PSC's subsequent interpretation was erroneous. The PSC now asserts that: (1) we should give "great deference" to its reasonable interpretation of Wisconsin Electric Power Company—Gas Operations' (WEP-GO) assessed penalty tariff...

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