CITIZENS' UTILITY BD. v. PUBLIC SERVICE COM'N,

No. 02-1834,

267 Wis.2d 414 (2003)

2003 WI App 206

671 N.W.2d 11

CITIZENS' UTILITY BOARD (CUB), James Hannemann, David Hannemann, Bill and Fern Rowney, Sandy Lyon and Russel Decker, Petitioners, SAVE OUR UNIQUE LANDS (SOUL) and Wisconsin's Environmental Decade (WED), Appellants, Thomas and Margaret KREAGER, David and Lisa Graves, Raymond and Helena Jiskra, Marie Krenzelok, Bert Robertson, Marshall Robinson, Edward and Tamara Nichols, Roger and Maria Svoma, Gerald and Sally Bargender, Donald and Gladys Bauman, Bill Bonsall, Lowell Borchardt, Dennis and Sandy Cihlar, Allan and Peggy Cihlar, Bill and Nancy Dittman, Jeff and Tammy Fischer, Phil Hackel, Chester and Irene Hoffman, Henry and Marsha Imhoff, James Knauf, Neal Koepke, Jerry and Julie Kurth, Steve Soczka, Francis Steiber, Joel and Marcia Stencil, Ernie and Evelyn Walters, Lawrence and Joan Wirkus, Dale Pilgrim, Lawrence Svanda, June Svanda, Fred Svanda, Michael and Lynette Weis, Franke and Connie Wirkus, Timothy and Zoe Miller, Paul Meyer, Margaret and Claude Buchberger, Rick Magyar and Cynthia Haag, Intervenors-Appellants, v. PUBLIC SERVICE COMMISSION OF WISCONSIN and Wisconsin Public Service Corporation, Respondents-Respondents, AMERICAN TRANSMISSION COMPANY LLC and ATC Management Inc. (collectively ATC), Municipal Electric Utilities of Wisconsin, Federation of Cooperatives, Dairyland Power Cooperative, Minnesota Power, Wisconsin Paper Council, and Wisconsin Merchants Federation, Respondents.

Court of Appeals of Wisconsin.

Decided September 23, 2003.


Attorney(s) appearing for the Case

On behalf of the appellants, the cause was submitted on the briefs of Pamela R. McGillivray, Glenn M. Stoddard and Edward R. Garvey and Garvey & Stoddard, S.C.; and Frank Jablonski and Porter, Jablonski & Associates S.C. of Madison.

On behalf of the respondents-respondents, the cause was submitted on the brief of Robert J. Mussallem, of Public Service Commission of Wisconsin of Madison.

On behalf of respondents, there was a brief by Trevor J. Will, Bartholomew F. Reuter and Foley & Lardner of Milwaukee for Wisconsin Public Service Commission; Deborah A. Amberg, Steven W. Tyacke of Duluth, MN, for Minnesota Power Company; and David J. Hanson, Lauren L. Azar and Michael, Best & Friedrich LLP of Madison for American Transmission Company LLC and ATC Management Inc.

On behalf of respondents, there was a brief by Anita T. Gallucci and Boardman, Suhr, Curry & Field, LLP of Madison for Municipal Electric Utilities of Wisconsin; Warren J. Day of Madison for Wisconsin Federation of Cooperatives; and Rebecca A. Schmidt of Madison for Wisconsin Merchants Federation.

Before Cane, C.J., Hoover, P.J., and Peterson, J.


¶ 1. HOOVER, P.J.

Save Our Unique Lands (SOUL) and Wisconsin's Environmental Decade (WED) were parties before the Public Service Commission of Wisconsin (PSC), an administrative agency, along with Citizens' Utility Board (CUB) when the PSC approved the placement of the Arrowhead-Weston power line.1 CUB, SOUL, and WED each petitioned for judicial review of the PSC's decision. Wisconsin Public Service Corporation (WPS) moved to dismiss...

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