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PUBLIC SERV. CORP. v. PUBLIC SERV. COMM.

No. 89-0532.

156 Wis.2d 611 (1990)

457 N.W.2d 502

WISCONSIN PUBLIC SERVICE CORPORATION, Petitioner-Respondent-Cross Appellant, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Cross Respondent. CITIZEN'S UTILITY BOARD, INC., Petitioner-Appellant-Cross Respondent, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Cross Respondent.

Court of Appeals of Wisconsin.

Decided May 8, 1990.

Attorney(s) appearing for the Case

For petitioner-appellant-cross respondent, Citizen's Utility Board, Inc., there were briefs by Allen A. Arntsen and Briony Jean Foy, Madison.

For petitioner-respondent-cross appellant there were briefs by Allen W. Williams, Jr. and Michael D. Flanagan of Foley & Lardner, Milwaukee.

For respondent-cross respondent, Public Service Commission of Wisconsin, there were briefs by John F. Ebbott, Sheboygan.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Wisconsin Public Service Corporation (WPS) appeals the trial court's affirmance of a Public Service Commission (PSC) rate-setting decision that found WPS imprudent for failing to pay its taxes under protest when other utilities challenged the constitutionality of that tax. The citizens' Utility Board, Inc. (CUB), also appeals, contending that PSC failed to impose an adequate sanction as a remedy for WPS's imprudence. Because we conclude that PSC applied the...

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