SOUL Filed a Motion With the PSC to Ask the Commissioners to Step Aside
in Judging the Transmission Line
MADISON, Wis.--(BUSINESS WIRE)--June 30, 2000
Counsel for SOUL, Garvey
& Stoddard, filed a motion with the Public Service Commissioners (PSC)
asking the three Commissioners, all appointed by Governor Tommy
Thompson, to step aside in judging the Arrowhead-Weston transmission
line. The 250-mile, 345-kV transmission line has been proposed by
Wisconsin Public Service Corporation (WPS) and Minnesota Power.
The motion filed yesterday at 4:00 p.m. asks the Commissioners to step
aside because of their bias and partiality toward the supporters of the
transmission line.
Ed Garvey said, ``It is clear that the Commission has its mind made up
before the hearings begin. The public deserves fairness.''
The supporting brief set forth the following bases for recusal of the
Commissioners:
Thompson's Support of the Transmission Line
On April 15, 1999, when WPS publicly announced its plans
for the project, the Governor was quoted in a WPS's press
release stating his support of the transmission line.
After the application to construct this project had been
filed, Thompson directed the construction of additional
transmission lines in his State of the State address.
In March 1999, the Governor gave a speech which was later
printed as an advertisement paid for by the Metropolitan
Milwaukee Association of Commerce in which he stated, ``Our
ultimate goal remains: we must improve transmission in
Wisconsin.`` He also stated that he would direct the PSC to
make it less cumbersome for utilities to get their
projects passed. Finally, he stated that ``we must address
resistance within our communities in siting high voltage
lines.``
The Governor Controls the PSC
In 1997, the Governor threatened to ``fire'' former
Chairperson Cheryl Parrino in front of the utility
executives she was charged with regulating because the
Governor wanted something done to prevent seasonal outages
in Wisconsin.
After Parrino resigned, the Governor appointed Ave Bie, a
loyal Thompson supporter from the Department of
Corrections. Bie's confirmation was held up by a skeptical
State Senate. The acting Chairperson, who served at the
will of the Governor, also must support the transmission
project.
After Bie's appointment, key policy positions were filled
by Thompson loyalists: Edward Marion, PSC general counsel
and former Thompson chief of staff; William Esbeck, Bie's
personal assistance and former policy advisor to Thompson;
Robert Garvin, Commissioner Mettner's executive assistant
and relative of Thompson.
Long-time PSC division administrators were replaced by Bie
with those loyal to Thompson. New administrators include:
Kevin Cronin, who had worked under Edward Marion, David
Albino from the Department of Corrections, and Scott Smith
former assistant to Republican Congressperson Steve
Gunderson.
PSC friendly to the utilities
Regulators and the utilities involved in this case have
held potentially unlawful ex parte communications through
their discussions and involvement with the Wisconsin
Public Utility Institute (WPUI).
WPUI hosts events that
relate energy issues, including reliability and
alternatives that address the merits of the
Arrowhead-Weston case. At those events, the utilities
supporting this line have the opportunity to discuss these
issues with the Commissioners and PSC staff, including an
opportunity for regulated industry executives to meet ``by
invitation only`` with the regulators.
Dr. Robert Ernst, the president of Northcentral Technical
College, sent a letter to Chairperson Bie responding to
her letter ``requesting support for the expansion of
electrical lines from Duluth, Minnesota through Wausau,
Wisconsin to serve increased customer demand.``
The
response letter was dated October 20, 1999, and indicated
the Chair's early support of the transmission line.
The PSC is labeling document ``confidential'' at the request
of the utilities making it difficult for the public or
opposition groups to get information regarding this case.
This practice is being question as a violation of the Open
Records Law.
BACKGROUND:
SOUL is a grassroots organization with over 1,200 members
that was formed to oppose the 250-mile, 345,000 volt transmission line.
If you would like copies of the motion and 32-page supporting brief
filed by SOUL, please contact Garvey & Stoddard, S.C., at 608-256-1003.
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