Declaratory Ruling

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WI Court of Appeals – District III

Case Name: City of Kaukauna v. Public Service Commission of Wisconsin et al

Case No.: 2015AP1182

Officials: Curley, P.J., Kessler and Brash, JJ.

Focus: Declaratory Ruling

The City of Kaukauna appeals an order of the circuit court affirming the Public Service Commission’s (PSC) order granting Wisconsin Public Service Corporation’s (WPSC) request for a declaratory ruling that it is entitled to self-supply electric power to the Fox Energy Center. Kaukauna argues that a territorial agreement between Kaukauna and WPSC prohibits WPSC from supplying electric power to the Fox Energy Center. Specifically, Kaukauna argues that: (1) we should review the PSC’s decision under the de novo standard of review; and (2) the PSC erroneously determined that in entering into a territorial agreement, the parties did not waive their ability to provide electric service to their own property or facilities under WIS. STAT. § 196.495(3) (2013-14).  We affirm

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