TRANSMISSION SITING 101
MAY 31, 2013
Michael P. May
City Attorney
Madison, Wisconsin
I. MY PERSPECTIVE AS A MUNICIPAL ATTORNEY.
A. History of my practice at Boardman & Clark (25 years), then as City
Attorney for Madison (9 years).
B. Municipal Attorney and the Public Interest: A requirement of
reasonable practices.
C. Balancing the public interest in a regulated industry. Municipalities are
used to being regulatory bodies and balancing the public interest.
II.
SOME OF THE RELEVANT LAWS.
A. Sec. 196.491: Transmission Siting Law. For municipalities, note
196.491(3)(i) (no local ordinance may stop construction), 196.491(3e)
(municipal property may be taken by condemnation) and 19.491(3g)
(environmental fees paid to municipality).
B. Sec. 32.02(5). Partial taking during pendency of application.
C. Sec. 196. 58. Municipal power to regulate public utilities. See Wis.
Adm. Code ch. 130, in which the PSCW asserted broad jurisdiction.
D. Hovde v. Village of Waunakee, 140 Wis. 2d 487, 411 N.W. 2d 423 (Ct.
App. 1987), petition to review denied. Where a public utility is concerned,
municipality’s power is subject to PSC preemption.
III.
MUNICIPAL RIGHTS, WRONGS AND OTHER ISSUES.
A. Laws Now Treat Municipality Like any other Intervenor.
B. Protection of Municipal Property other than Right of Way.
C. Use of Municipal Property and ROW.
D. Negotiation and Settlement.
E. Environmental Harm and Remediation Payments.
F. Transmission and Out of State Needs.
G. Routing, Undergrounding and Aesthetic Concerns.
H. Environmental Justice Issues.
Michael P. May
City Attorney
City of Madison
210 Martin Luther King Jr. Blvd., Rm. 401
Madison, WI 53703
608/266-4511
FAX:608/267-8715
[email protected]