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UW responds to FORE’s lawsuit

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by Matthew Dolbey
Monday, November 10, 2003

A joint statement issued by University of Wisconsin, Wisconsin Department of Administration and Madison Gas & Electric officials on Nov. 7 addressed a lawsuit filed by the Friends of Responsible Energy in protest of a power plant under construction on the UW campus’s west side.

The FORE lawsuit cites failures to investigate reasonable alternatives to the 150-megawatt facility approved by the UW Board of Regents, the DOA, the Public Service Commission and the Department of Natural Resources.

In the statement, UW Chancellor John Wiley, DOA Secretary Marc Marotta and MGE President and CEO Gary Wolter denied allegations of incomplete queries into alternative energy sources.

“Each of the claims raised by FORE in its petition were fully briefed and argued before the Public Service Commission, and were rejected,” read the statement. “The petition is a regrettable effort to add more burden to an important and well-conceived effort to address current and future energy needs. We are confident, however, that the Public Service Commission’s decision is valid in all respects, and will withstand this latest challenge.”

The joint declaration also stated that the energy needs are well-documented, and the cogeneration facility currently under construction “has been approved at every level of review, in every applicable jurisdiction.”

FORE member Chamond Liu said Wiley was a large proponent of a “backup power” feature of a UW-owned power plant, allowing UW to have uninterruptible power. Liu said a drawback to the campus plan was that the Public Service Commission did not approve a backup-power feature, and perhaps policymaking officials might change their minds on approving the power plant if they knew having the backup-power provision would be denied.

However, at the power plant’s groundbreaking in October, Wiley said it was a disappointment backup power did not pass, but he was not “heartbroken,” adding that the joint venture of an MGE and UW co-owned facility was still a “good deal.”


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