RESET Wisconsin: Environmental and Community Groups Support Bringing Dane County Circuit Court Ruling to the Supreme Court.

MADISON, Wis. -- Coalition members refute utility's allegations of a pending energy crisis

RESET Wisconsin, a community advocacy group comprised of 48 Wisconsin businesses and organizations including The Sierra Club and Citizens for Responsible Power (CRP), today voiced their strong support for SC Johnson and Clean Wisconsin's official response to the Supreme Court to review the recent ruling by the Dane County Circuit Court Judge David Flanagan. Last month, Judge Flanagan's decision overturned the Public Service Commission of Wisconsin's 2003 approval to build two coal-burning units in Oak Creek.

"Judge Flanagan's decision goes to the heart of We Energies' flawed Oak Creek proposal," said Eric Uram, Midwest Regional Representative of the Sierra Club. "We believe the Supreme Court should review this matter since it is clear We Energies will appeal each decision until the state's top justices weigh in."

Judge Flanagan's ruling last November highlighted many substantive
flaws in the PSCW's permit, including:

    --  We Energies failure to follow state law requiring the utility
        to conduct an alternatives analysis.

        --  The alternative site analysis enables regulatory agencies
            to determine if a project proposal is in the state's best
            interest. Instead of following the law, We Energies
            offered four "alternatives" all located on the current Oak
            Creek site. Judge Flanagan correctly ruled that these
            alternative sites were not "viable alternatives."

    --  We Energies failed to account for the cost of power
        transmission and numerous other costs that will be borne by
        the ratepayers.

        --  The power company's original proposal ignored an estimated
            $260 million in transmission upgrade costs.

For these reasons, coalition members remain confident the Supreme Court will uphold Judge Flanagan's ruling in reversing the PSC permit in Oak Creek.

Steve Bulik, spokesperson for Citizens for Responsible Power said, "The PSCW and the DNR have no regard for laws that are in place to protect the public and the ratepayers. During the permitting process, these state agencies made decisions that were in the best interest of We Energies and not the public. By the PSCW allowing We Energies to submit an incomplete application, they can only blame themselves for self-inflicted delays."

EXPEDITED REVIEW IS UNNECESSARY

Contrary to We Energies' claims however, coalition members feel it is unnecessary for the State Supreme Court to adopt an accelerated briefing and argument schedule for this case. They also call into question We Energies claims that Wisconsin would be facing an energy crisis if the Oak Creek case does not receive an expedited review by the Supreme Court before early 2005.

Bulik said, "We Energies is misleading the public and the Supreme Court by making its case for expedited review by claiming Wisconsin is facing an energy crisis. We Energies has been making these claims from the start while additional capacity is being added that is cleaner and far less expensive than the Oak Creek coal plant proposal."

Based on the PSCW's 2003 planning analysis, proposed ERGS generating units would not be needed until 2011-2013. In addition, We Energies' growth forecasts call for 2.5 percent growth per year from 2001-2009. However the utility's actual sales increased by only 0.2 percent in the past two years.

RESET, or Responsible Energy for Southeastern Wisconsin's Tomorrow, is a coalition of concerned citizens, businesses, organizations and others who care about the region's future. Coalition members agree that Wisconsin needs new power plant options, but realize the economic, environmental, business, health, community and quality of life problems associated with the coal aspect of the current "Power the Future" proposal are just too great to ignore.