Wis. Indus. Energy Group v. Pub. Serv. Comm’n

At issue in this case was whether the Public Service Commission of Wisconsin (PSC) correctly concluded the 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 of authority (CA) statute, or whether Wis. Stat. 196.491(3), the certificate of public convenience and necessity (CPCN) statute, should have been applied. The Supreme Court affirmed the circuit court's order, which affirmed the PSC's interim order, holding that the PSC's interpretation of the CPCN law as applying exclusively to in-state facilities and its decision to analyze WPL's application under the CA law were reasonable, and there was not a more reasonable interpretation of the CA and CPCN laws. View "Wis. Indus. Energy Group v. Pub. Serv. Comm'n" on Justia Law