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WIS. POWER & LIGHT v. PUBLIC SERV. COMM.

No. 91-1096.

181 Wis.2d 385 (1994)

511 N.W.2d 291

WISCONSIN POWER & LIGHT COMPANY, Petitioner-Respondent, WISCONSIN PUBLIC SERVICE CORPORATION, Intervenor-Respondent, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Appellant-Petitioner, VULCAN MATERIALS COMPANY, General Motors Corporation, Enzyme Bio-Systems, 3M Company, Georgia-Pacific Corporation and Penda Corporation (Collectively the Wisconsin Industrial Energy Group and WIEG), Intervenors-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided February 8, 1994.

Attorney(s) appearing for the Case

For respondent-appellant-petitioner there were briefs by Steven Levine, staff counsel, and Steven M. Schur, chief counsel, Madison and oral argument by Steven M. Schur.

For the intervenors-appellants-petitioners there were briefs by Michael G. Stuart, Anita T. Gallucci and Boardman, Suhr, Curry & Field, Madison and oral argument by Michael G. Stuart.

For the petitioner-respondent there was a brief by William D. Harvey, staff counsel, and Barbara J. Swan, staff counsel, Madison and oral argument by William D. Harvey.

For the intervenor-respondent there was a brief by Allen W. Williams, Jr., Bradley D. Jackson and Foley & Lardner, Madison and oral argument by Allen W. Williams, Jr.

STEINMETZ, J.

The issue presented in this case is: Does the Public Service Commission of Wisconsin (PSC or commission) have the authority to order a utility to pay a lump sum penalty based on the utility's past imprudent management?

In 1989, the PSC determined that Wisconsin Power and Light Company (WPL or utility) had imprudently administered a coal contract. The commission found that as a result of this alleged imprudence, WPL overcharged its customers for...

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