Kimberly-Clark Corp. v. Public Service Commission

This is a review of a decision of the court of appeals, Kimberly-Clark Corp. v. Public Service Comm., 107 Wis. 2d 177, 320 N.W.2d 5 (Ct. App. 1982), which affirmed the judgment of the trial court in a ch. 227 review proceeding. The trial court affirmed the Public Service Commission’s (PSC) declaratory ruling and order that it lacked the authority to retroactively set sewerage rates for a municipal sewerage system.

The City of Neenah (City) established a sewer system user rate structure by an ordinance revised on May 15, 1974 and effective June 1, 1974. The rate structure was amended in April…