In September, the state Supreme Court agreed to hear former Public Service Commissioner Mike Heubach’s challenge to power line opponents who asked him to question and inspect his phones for encrypted communications with utility officials. sought and may invalidate state permits of the line to determine whether they create the presence of communication bias.
Meanwhile, Frost is reviewing the PSC’s decision to grant permits.
Howard Lerner, the lead counsel for the Power Line opponents, said the decision shows that the court is only interested in narrower questions involving Huebush — not Line itself.
“The Supreme Court is not going to interfere with their decisions on merit,” Lerner said.
Tuesday’s announcement will mean the end of coal-fired power for Madison Gas & Electric, a small part of the state’s newest and largest power plant, the 1,400-MW Elm Road Generating Station.
Noting that both injunctions were granted partly on the basis of opponents’ chances of winning in court, Lerner accused the utilities of doing unnecessary environmental damage while gambling with ratepayer money.
“If they can’t get through the National Wildlife Refuge, their entire construction path will have to be replaced, which means they’ll have wasted huge amounts of money,” Lerner said. “You don’t have an expensive transmission line anywhere. It’s corporate irresponsibility.”