WisBusiness: Supreme Court Agrees to Hear Oak Creek Appeal

January 5, 2005


Hon. David T. Flanagan
Dane County Circuit Court
210 Martin Luther King, Jr. Blvd.
Madison, WI 53703-3344

Judith A. Coleman
Dane County Clerk of Courts
210 Martin Luther King, Jr. Blvd.
Madison, WI 53703-3341

Larry J. Martin
Owen Thomas Armstrong, Jr.
John A. Casey
Quarles & Brady LLP
411 E. Wisconsin Ave.
Milwaukee, WI 53202-4497

Thomas M. Devine
Hostak, Henzl & Bichler, S.C.
P.O. Box 516
Racine, WI 53401-0516

Peter L. Gardon
Raymond M. Roder
Reinhart Boerner Van Deuren S.C.
P.O. Box 2018
Madison, WI 53701-2018

Lawrence J. Haskin
Haskin & Book
7300 S. 13th St., Suite 104
Oak Creek, WI 53154-2123


You are hereby notified that the Court has entered
the following order:

No. 04-3179 Clean Wisconsin, Inc. v. PSC
L.C.#s03CV3478/3731 and 04CV133/149/530/533

The court having considered the "Motion for Direct,
Expedited Appeal Pursuant to §§ 808.05(3) and
809.61, Wis. Stats." filed by interested
parties-appellants-cross-respondents, Wisconsin
Electric Power Company, W.E. Power, LLC and
Wisconsin Energy Corporation, and having construed
it as a petition to bypass pursuant to § 809.60,
Stats., the "Petition for Bypass and Expedited
Consideration of This Appeal" filed by
respondents-co-appellants-cross-respondents, Public
Service Commission and the Wisconsin Department of
Natural Resources and the responses filed by
interested party-respondent-cross-appellant, City of
Oak Creek, interested party-cross-respondent,
Dairyland Power Cooperative, interested
parties-co-appellants-cross-respondents, Wisconsin
Public Power, Inc. and Madison Gas & Electric
Company, and
respondents, Clean Wisconsin, Inc. p/k/a Wisconsin’s
Environmental Decade Institute, Inc., S.C. Johnson &
Son, Inc. and Calpine Corporation; and the court
having also considered the motion of the Wisconsin
Utilities Association (WUA) for leave to file a
non-party brief and the motion of S.C. Johnson &
Son, Inc. and Clean Wisconsin, Inc. to strike the
affidavit of Robert D. Norcross dated December 14,
2004, submitted by appellant Public Service
Commission as part of its appendix in support of its
petition to bypass and the response to the motion to
strike filed by the PSC and DNR in which they state
that the sole reason for offering the Norcross
affidavit was to support the reasons urged for

IT IS ORDERED WUA’s motion for leave to file a
non-party brief is granted and the brief is accepted
for filing.

IT IS FURTHER ORDERED that the motion to strike is
denied. The Norcross affidavit is accepted for the
sole purpose of considering the petitions to bypass.

IT IS FURTHER ORDERED that both petitions to bypass
are granted and the appeal is accepted for
consideration of all issues raised before the court
of appeals.

IT IS FURTHER ORDERED that all appellants,
co-appellants and cross-appellants shall file their
briefs by February 4, 2005. All respondents and
cross-respondents shall file their briefs by
February 24, 2005. All reply briefs, or statements
that no reply brief will be filed, must be filed by
March 7, 2005. If any party has already filed a
brief in the court of appeals and wishes to stand on
that brief in this court, they may do so but must
advise this court of that fact by the date their
brief is due. No extensions of time will be granted
for the filing of any briefs.

IT IS FURTHER ORDERED that the court shall hear oral
argument in the matter on March 30, 2005 at 1:30
p.m. Ninety minutes shall be allotted for oral
argument. Sixteen minutes of the total oral argument
time shall be allotted for rebuttal, with eight
minutes of rebuttal time to be shared by the
appellants, co-appellants and cross-appellants and
eight minutes of rebuttal time to be shared by the
respondents and cross-respondents. The parties shall
advise the court, in writing, by March 15, 2005 how
they intend to divide the oral argument time.

IT IS FURTHER ORDERED that the allowance of costs,
if any, in connection with the granting of the
petitions will abide the decision of this court on

Prosser, J., dissents.
Crooks, J., did not participate.

Cornelia G. Clark
Clerk of Supreme Court


Jeffrey L. Landsman
Wheeler, Van Sickle, Anderson SC
25 W. Main Street #801
Madison, WI 53703

Edward S. Marion
David A. Ludwig
Leon M. Swerin
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854

William J. Mulligan
Tyson A. Ciepluch
Davis & Kuelthau, S.C.
111 E. Kilbourn, Ste. 1400
Milwaukee, WI 53202

Robert H. Owen, Jr.
P. O. Box 620858
Middleton, WI 53562-0858

Carl A. Sinderbrand
Wickwire Gavin P.C.
P. O. Box 1683
Madison, WI 53701-1683

Thomas F. Steidl
P. O. Box 7921
Madison, WI 53707-7921

Michael G. Stuart
Elizabeth A. Hartman
Wisconsin Public Power Inc.
1425 Corporate Center Drive
Sun Prairie, WI 53590-9109

Joseph D. Condo
Calpine Corporation
250 Parkway Drive, Suite 380
Lincolnshire, IL 60069

Joseph P. Wright
Richard K. Nordeng
Stafford, Rosenbaum, Rieser & Hansen
P.O. Box 1784
Madison, WI 53701

Pamela R. McGillivray
Garvey & Stoddard, S.C.
634 W. Main Street, Suite 101
Madison, WI 53703-268

Dennis P. Birke
DeWitt Ross & Stevens, S.C.
Two East Mifflin Street, Suite 600
Madison, WI 53703