Whyte Hirschboeck Dudek S.C.’s Energy & Public Utilities Team is a multi-disciplinary group that assists clients with all aspects of public utility and energy-related projects and transactions. The team consists of attorneys experienced with the Public Service Commission of Wisconsin (PSCW) regulatory process, environmental law, government affairs, litigation, mergers and acquisitions, condemnation and real estate.
Our attorneys help clients through the regulatory, political and judicial processes to meet the client’s project or transaction needs and deadlines. Team members are experienced in ratemaking, siting, construction projects and transactions, and integrated resource planning and utilize years of experience to produce innovative results for our clients. To that end, we assist clients in:
- Obtaining regulatory approvals for energy-related construction projects, including the necessary approvals from the PSCW, the Wisconsin Department of Natural Resources (DNR), federal administrative agencies and other Wisconsin and non-Wisconsin administrative agencies
- Obtaining the necessary property or property rights for energy-related construction projects, such as power plants and transportation pipelines, including through voluntary acquisition and federal and state condemnation litigation
- Assessing the economic and political viability of energy-related construction projects, including environmental due diligence and government relations.
- Selling and/or purchasing utility assets, including due diligence, valuation, negotiation, and contract drafting
- Rate cases before the PSCW
- Additional full services and support
Representative Engagements
In addition to the general expertise identified above, the Energy & Public Utilities Team has successfully assisted clients with the following:
- Obtain PSCW Certificates of Public Convenience and Necessity for the construction of power plants
- Obtain a wide variety of environmental approvals or authorizations, including Wis. Stat. Ch. 30 permits (waterway and stream crossing approvals), air permits and discharge permits
- Environmental analysis and environmental impact statement compliance issues under the Wisconsin Environmental Policy Act
- Prepare applications for, and negotiate terms of, Agricultural Impact Statements required by the State of Wisconsin Department of Agriculture Trade and Consumer Protection for many construction projects
- A dispute over the construction of a 240-mile transmission line from Minnesota to central Wisconsin
- Sell water, gas, electric and other utility assets to multiple buyers in multiple states
- Purchase natural gas service contracts
- Challenge local zoning regulations that interfere with the operation and/or maintenance of utility facilities
- Acquire by condemnation in both state and federal courts the property rights necessary to construct federally regulated natural gas pipeline projects
- Obtain PSCW, DNR and other regulatory approvals for construction of a crude oil pipeline
- Work with state assemblymen, senators, administrative agency officials and local politicians to educate those groups concerning public utility or energy-related projects or transactions