WI CapX docket – Clean Wisconsin tries to intervene out of time

Filed under:Wisconsin — posted by admin on September 28, 2011 @ 3:02 pm

Clean Wisconsin has woken up, but why?  What got their attention sufficient to push a “Request to Intervene Out of Time” recently?

Clean Wisconsin Request to Intervene Out of Time

Their vacuous Request sure didn’t say anything, so I fired off an Objection, because I want to know what the “new information and issues have arisen” are that they’re claiming.

Objection to Request of Clean Wisconsin

So they filed this, which is as vacuous:

Response to NoCapX 2020 Objection

And so then I asked again for something of substance:

Reply to Response to No CapX 2020’s Objection to Clean Wisconsin’s Intervention Out of Time

We shall see…

And yes, we are seeing, the emails back and forth, to and fro, are interesting, and what’s missing is even more interesting… there has yet to be a simple disclosure of the “new information and issues” that “have arisen” spurring the intervention and identification of “good cause” why the intervention is late, two, nearly three months late!  Why is this so difficult?


Here’s what the PSC considers when there’s a late request to intervene:

PSC 2.21  Intervention.

(1)  Intervention by right. A person whose substantial interests may be affected by the commission’s action or inaction in a proceeding shall be admitted as an intervenor.

(2) Permissive intervention. A person not satisfying the criteria of sub. (1) may nevertheless intervene in a proceeding or docket if the person’s participation likely will promote the proper disposition of the issues to be determined in the proceeding or docket and if the person’s participation will not impede the timely completion of the proceeding or docket.

(3) Procedure. A person requesting intervention in a proceeding shall file a request no later than 60 days after the issuance of the notice of proceeding, or within a different time set by the administrative law judge at the final prehearing conference. A person requesting intervention in a docket shall file a request no later than 60 days after the opening of the docket, or within a different time set by the commission at the time it opens the docket.

(4) Intervention out of time.
(a) If a person fails to request intervention within the time prescribed in sub. (3), the person must request to intervene out of time. In acting on such a request, the commission or administrative law judge may consider all of the following:
1. Whether the requestor had good cause for failing to file the request within the prescribed time.
2. Whether any disruption of the proceeding or docket may result from permitting intervention.
3. If any prejudice to, or additional burdens upon, the existing parties may result from permitting the intervention.

And apparently they don’t like the “cartoons.”  Oh… OK… whatever…



  1. Hello to the NoCapX2020 folks! In my opinion, Carol has made a grievous mistake in her effort to challenge Clean Wisconsin’s request for party status in the WI CapX docket. Clean Wisconsin (formally Wisconsin’s Environmental Decade) has been fighting to protect Wisconsin’s environment for the last 40 plus years. They have challenged nuclear projects, mining proposals, transmission lines, coal plants, and every other way industry has found to pollute our environment. Carol’s efforts, as your attorney, to keep Clean Wisconsin out of the WI CapX docket undermines the efforts of all environmentalists that seek to protect the Wisconsin environment. Clean Wisconsin is a frequent intervenor at the Wisconsin Public Service Commission, recently challenging and being victorious in stopping the proposed Nelson Dewey 3 coal plant, and is currently involved in other cases at the Commission to reduce the impact of coal generation on the environment. NoCapX2020’s efforts to keep Clean Wisconsin out of the WI CapX docket is foolhardy since you are forcing out an environmental ally. Please consider whether Carol’s attack on Clean Wisconsin is in your best interests. Thanks.

    Dennis Dums
    Research Director
    Wisconsin Citizens Utility Board

    Comment by Dennis Dums — September 29, 2011 @ 7:03 am

  2. What a cute picture! How about if I file something saying my puppy woke me up? But seriously, Carol, why don’t you just give me a call and talk to me?

    Comment by Katie Nekola — September 29, 2011 @ 7:03 am

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image: detail of installation by Bronwyn Lace