Wisconsin Industrial Energy Group, Inc. v. Public Service Commission

¶ 1. This case comes before us by certification from the court of appeals, pursuant to Wis. Stat. § 809.61 (2009-10).1 We are asked to decide whether the Public Service Commission of Wisconsin (PSC) correctly concluded that Wisconsin Power and Light's (WPL) application to construct a large, out-of-state, electric generating facility was properly reviewed under Wis. Stat. § 196.49(3), the "Certificate of Authority" (CA) statute,2 or whether Wis. Stat. § 196.491(3), the "Certificate of Public Convenience and Necessity" (CPCN) statute, should have been applied.

¶ 2. Applying due weight deference,…