OSHKOSH, Wis. -- Winnebago County Circuit Court Judge Barbara Key has dismissed Utica Energy LLC from a lawsuit filed by 42 Green Bay, Wis., area convenience store operators accusing the company and Renew E-85 LLC ethanol stations of unfair gasoline pricing, reported The Oshkosh Northwestern. The case continues against Renew E-85.
According to case filings cited by the newspaper, the c-store operators sought to prove Utica Energy "operated and managed Renew E85 LLC as its 'alter ego,' controlled pricing at its fuel stations and that Renew had no identity separate and apart from Utica," but Key ruled against the plaintiffs. The companies, in state incorporation documents, list the same business address, and Paul Olsen as the agent for both businesses.
Governor Jim Doyle has previously directed state agencies not to seek penalties against ethanol producers for Unfair Sales Act violations. Under the law, fuel stations are required to mark up the price of fuel sold to consumers in order to ensure fair competition. In the civil suit, the convenience store operators have argued their profits and operations have been harmed by Renew's decision to sell 10%, 20% and 85% ethanol fuel at their costs regardless of whether it is above or below posted fuel prices at Green Bay and Milwaukee motor vehicle fuel distribution centers.
Phil Younger of Renew, said Key's decision is positive, but does not resolve the overall lawsuit. "We're pleased about that first step, and we will have to see where it goes," he told the paper.
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