Wis. SC to hear lawsuit over wind farm

Jessica M. Karmasek Dec. 16, 2011, 12:46pm

MADISON, Wis. (Legal Newsline) - The Wisconsin Supreme Court this week agreed to hear a case involving a state utility's proposal to build a wind farm in Minnesota to supply electricity to its Wisconsin consumers.

The state's Fourth District Court of Appeals asked the Court to decide whether a statute governing the state Public Service Commission's review and approval of a proposed large electric generating facility applies when a Wisconsin public utility proposes to build an out-of-state facility.

The appeals court filed its certification of the question last month.

The state's high court accepted the case Wednesday, according to the Court's online case history.

Wisconsin's PSC approved the $450 million wind farm, located north of Albert Lea, Minn.

Groups representing energy consumers sought review of the decision in circuit court, arguing that the PSC should have applied a more demanding large-facility approval statute.

Three Wisconsin public utilities intervened, including the company that seeks to build the wind farm, Wisconsin Power and Light Co.

The circuit court affirmed the PSC's decision, and the consumers appealed.

From Legal Newsline: Reach Jessica Karmasek by email at jessica@legalnewsline.com.

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