INDUS. ENERGY GROUP v. PUBLIC SERVICE COM'N

No. 2010AP2762.

819 N.W.2d 240 (2012)

2012 WI 89

WISCONSIN INDUSTRIAL ENERGY GROUP, INC. and Citizens Utility Board, Petitioners-Appellants, v. PUBLIC SERVICE COMMISSION of Wisconsin, Respondent-Respondent, Wisconsin Electric Power Company and Wisconsin Power and Light Company, Intervenors-Respondents, Wisconsin Public Service Corporation, Intervenor.

Supreme Court of Wisconsin.

Decided July 11, 2012.


Attorney(s) appearing for the Case

For the petitioners-appellants there were briefs by Kira E. Loehr and Citizens Utility Board , Steven A. Heinzen , P. Duncan Moss and Godfrey & Kahn, S.C., Madison, and oral argument by Kira E. Loehr.

For the respondent-respondent there were briefs by Cynthia Smith , Justin W. Chasco , Steven Levine and Public Service Commission of Wisconsin and oral argument by Justin W. Chasco.

For the intervenors-respondents there were briefs by Brian D. Winters , Joseph Orion Wilson and Quarles & Brady LLP, Milwaukee, Michael Greiveldinger , Arshia Javaherian , and Wisconsin Power and Light Company, and oral argument by Michael S. Greiveldinger and Joseph Orion Wilson .


PATIENCE DRAKE ROGGENSACK, J.

¶ 1 This case comes before us by certification from the court of appeals, pursuant to Wis. Stat. § 809.61 (2009-10).1 We are asked to decide whether the Public Service Commission of Wisconsin (PSC) correctly concluded that Wisconsin Power and Light's (WPL) application to construct a large, out-of-state, electric generating facility was properly reviewed under Wis. Stat. § 196.49(3), the "Certificate...

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