PSCW Denies City of Brookfield’s Request for a Supplemental Order

The Town of Brookfield is refusing to pay the City, arguing that it is unable to determine the accuracy of the invoices because it claims water consumption figures are inadequate and that actual water consumption for each user must be measured. The City, in an attempt to get the Town to pay its bill consistent with the Commission’s decision, now appeals to the Commission for help in clarifying or perhaps further affirming the Commission’s decision. The Commission’s May 22, 2008, Final Decision is currently pending review in Waukesha County Circuit Court. The Circuit Court did not formally remand the case to the Commission, but instead voluntarily suspended its briefing schedule pending further Commission action. Arguably, the lack of formal remand means that jurisdiction is still in Circuit Court rather than with the Commission.