Petition for Rehearing Denied

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WI Court of Appeals – District IV

Case Name: Town of Holland v. Public Service Commission of Wis., et al.

Case No.: 2017AP1129

Officials: Brennan, P.J., Brash and Dugan, JJ.

Focus: Petition for Rehearing Denied

The Town of Holland (the “Town”) appeals an order of the circuit court, as changed and modified by a supplemental order, regarding a decision of the Public Service Commission of Wisconsin (“PSC”) relating to the construction of a high voltage transmission line in the La Crosse area. The circuit court affirmed the PSC’s decision that the transmission line was necessary to provide an adequate supply of electricity to the La Crosse area. The circuit court further held, contrary to the Town’s assertion, that the Environmental Impact Statement (“EIS”) the PSC prepared was not legally insufficient.

However, the circuit court found that the PSC had not provided a rational basis for its determination that it was not practicable to utilize an existing transmission line for a seven-mile portion of the proposed new line located in the Town. The court therefore remanded the matter to the PSC for reevaluation of the siting of that seven-mile portion. The court initially enjoined the continuation of work on that contested portion, but subsequently stayed that injunction in its supplemental order pending the resolution of this appeal.

The Town also appeals the circuit court’s determination that it did not have jurisdiction to review the PSC’s order denying a petition for rehearing on its decision. The PSC cross-appeals on whether the circuit court properly remanded the issue regarding the contested seven-mile portion, and whether the court erred in enjoining work in that specific area. The companies involved in the construction of the transmission line, which are intervenors in this matter, also cross-appeal on that issue: American Transmission Company LLC; Northern States Power Company; Dairyland Power Cooperative; WPPI Energy; SMMPA Wisconsin LLC; and ATC Management, Inc. (collectively the “Companies”).

We conclude that the PSC properly determined that construction of the new transmission line is necessary, and that the EIS prepared by the PSC was not legally insufficient. We therefore affirm the circuit court on those issues. However, we find that the PSC did provide a rational basis for its determination relating to the contested seven-mile portion of the transmission line, and therefore we reverse the circuit court’s order to remand that issue to the PSC. Consequently, we remand this matter to the circuit court to vacate the injunction. Additionally, we determine that the PSC’s order denying the petition for rehearing is judicially reviewable, contrary to the circuit court’s determination that it did not have jurisdiction to review that order. We therefore reviewed the denial order by the PSC, and hold that the PSC properly denied the petition for rehearing.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.