Utilities — CPCN

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Wisconsin Supreme Court

Civil

Utilities — CPCN

The PSC’s interpretation of the Certificate of Public Convenience and Necessity (CPCN) statute as applying exclusively to in-state facilities is reasonable.

“Applying due weight deference, we conclude 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 that there is not a more reasonable interpretation of the laws. The PSC examined the language, purpose, and context of both the CA and the CPCN laws and concluded that the CA law governed WPL’s application to construct an out-of-state facility. Additionally, the PSC concluded that applying the CPCN law to an out-of-state facility would exceed the jurisdiction of Wisconsin laws and lead to unreasonable results. Based on our review of these statutes and the corresponding administrative rules, we conclude that there is not a more reasonable interpretation of the CA and the CPCN laws.”

Affirmed.

2010AP2762 Wisconsin Industrial Energy Group, Inc., v. PSC

Roggensack, J.

Attorneys: For Appellant: Heinzen, Steven, Madison; Moss, P. Duncan, Madison; For Respondent: Levine, Steven A., Madison; Chasco, Justin W., Madison;