Public Service Commission holds closed session on potential litigation; provides direction to delegated commissioner and notes counsel transition

The Public Service Commission on Feb. 27, 2025, moved into closed session under Wisconsin Statute section 19.85(1)(g) to discuss a potential litigation matter identified as agenda item 10. The commission recessed the public meeting after a motion to enter closed session was seconded and approved with "Aye" votes recorded in the transcript.

In open session following the closed discussion, the chair said the commission had provided direction to the delegated commissioner regarding the matter discussed in closed session. The chair did not disclose details of the litigation in the public record; the transcript records only that direction was provided and that the commission reconvened pursuant to Wis. Stat. § 19.85(2).

The meeting concluded with an announcement by the chair that Cindy Smith, identified as PSE chief legal counsel in the transcript, will transition into a legal advisory role prior to her retirement and will be replaced next week by a new Office of General Counsel chief legal counsel. The chair thanked Smith for her years of service and said she will assist commission staff in the months before her retirement.

Why it matters: motions to enter closed session under Wis. Stat. § 19.85(1)(g) typically concern litigation strategies and are exempted from public discussion; the public record here confirms a closed deliberation took place and that the commission later directed the delegated commissioner, but it does not provide substantive details about the underlying litigation or any legal outcomes.

The commission adjourned the open meeting and scheduled its next open session for March 6, 2025, at 10:30 a.m., according to the public record.