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PSC of Wisconsin authorizes counsel to join joint comments to FERC after closed-session litigation discussion

September 09, 2025 | Public Service Commission, State Agencies, Executive, Wisconsin


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PSC of Wisconsin authorizes counsel to join joint comments to FERC after closed-session litigation discussion
The Public Service Commission of Wisconsin on Sept. 8, 2025, moved into a closed session under Wisconsin Statutes section 19.85(1)(g) to discuss a litigation matter and, after reconvening in open session, voted to authorize the commission’s chief legal counsel, in conjunction with ORM staff, to sign Wisconsin onto joint comments to the Federal Energy Regulatory Commission in the matter referenced in the meeting as "5 e I 20 25."

The action followed the closed-session discussion permitted by state law and was approved by voice vote in open session. Commission members then adjourned and scheduled the next meeting for Sept. 11, 2025, at 10:30 a.m.

Why it matters: The commission’s authorization enables its legal team to take a formal position at the Federal Energy Regulatory Commission (FERC) in the proceeding the commission discussed in closed session. Public agencies commonly file or join comments to FERC to present regulatory, policy or factual viewpoints that could affect interstate energy regulation; the transcript record shows members considered this step in a confidential, litigation-related discussion under the state open-meetings statute.

What the commission did: During open session after the closed meeting, one member moved, "I move we authorize the chief legal counsel and commission staff on behalf of the commission to, sign onto the joint comments to FERC, in 5 EI 20 25," and another member seconded the motion. The presiding official announced, "We have reconvened our meeting in open session. While in closed session, we authorize the chief legal counsel of the PSC in conjunction with ORM staff to sign Wisconsin onto joint comments to FERC pursuant to our discussion of 5 e I 20 25, and we are ready for a motion on those actions." The commission approved the motion by voice vote.

Discussion vs. decision: The substance of the litigation discussion occurred in closed session under Wisconsin Statutes section 19.85(1)(g) and is not included in the open record. The open-session record contains the formal direction: authorization for counsel and staff to sign the joint comments. No further details of the comments’ content, the parties to the joint filing, or the specific docket beyond the meeting’s reference "5 e I 20 25" were provided in the public transcript.

Meeting logistics and next steps: The meeting convened and recessed into a breakout room for the closed session. Technical staff identified in the transcript as Mon assisted with moving participants. After the vote to authorize the joint comments, commissioners voted to adjourn; the commission is next scheduled to meet Thursday, Sept. 11, 2025, at 10:30 a.m.

The transcript does not record a roll-call vote or list individual yea or nay votes beyond a voice "Aye"; it does not specify the content of the joint comments or identify other entities joining the filing. Any further procedural steps (for example, filing deadlines at FERC or counsel’s subsequent filings) were not stated in the public transcript.

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