The reason for the lawsuit surrounds the refusal by the PSC, in a 2-1 vote, to require monopolies, which operate nonutility businesses that compete with private contracting companies, to operate these businesses “separate” from their utility operations.

Ron Kueghn, the group’s attorney, said, “When we were able to get some language in the Holding Company Act that was passed in the late 1980s, we thought we were going to be able to compete on an even playing field.”

Instead, says WCFC, the PSC only ordered public gas and electric utilities to account for the cost of operating their nonutility activities.