Madison Gas and Electric Co. (MGE) has filed a lawsuit in court and a complaint at the Wisconsin Public Service Commission (PSC) against Wisconsin Power & Light Co. (WP&L), because WP&...
Tribe's Choice Causes Lawsuit
Madison Gas and Electric Co. (MGE) has filed a lawsuit in court and a complaint at the Wisconsin Public Service Commission (PSC) against Wisconsin Power & Light Co. (WP&L), because WP&L will provide electricity to the Ho-Chunk Tribe's new bingo hall, located in MGE territory.
The 43-acre site does not currently receive service from either utility, but both have distribution infrastructure nearby. WP&L says its bid was $23,000 less than MGE's offer, but both MGE and the Wisconsin Public Service Commission have questioned the legality of WP&L providing service in MGE's territory. Although present state law only allows provision of service by a certificated utility in its own service territory, the tribe argues that it is excluded from the law as a sovereign nation.
MGE has asked the court for treble actual damages (em lost margins on electric sales made by WP&L (em as well as punitive damages and attorneys' fees. MGE has asked the PSC to require WP&L to remove any electric lines and related plant from MGE's service territory. (em LB t
Joseph F. Schuler, Jr. is associate editor of PUBLIC UTILITIES FORTNIGHTLY. Lori A. Burkhart is an associate legal editor.
Articles found on this page are available to Internet subscribers only. For more information about obtaining a username and password, please call our Customer Service Department at 1-800-368-5001.