UNION CARBIDE CORP. v. PSC

Docket Nos. 79148, 79150, (Calendar No. 1).

431 Mich. 135 (1988)

428 N.W.2d 322

UNION CARBIDE CORPORATION v. PUBLIC SERVICE COMMISSION

Supreme Court of Michigan.

Decided August 23, 1988.


Attorney(s) appearing for the Case

Bodman, Longley & Dahling (by Theodore Souris, James A. Smith, and Kim Michael Lavalle) and Joseph E. Geoghan, General Counsel, and Robert L. Crawford, Division Attorney, for the plaintiff.

Loomis, Ewert, Ederer, Parsley, Davis & Gotting (by George W. Loomis, William D. Parsley, and Michael G. Oliva) and S. Kinnie Smith, David A. Mikelonis, and Allen B. Bass for the intervening plaintiff-appellant.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Don L. Keskey, Assistant Attorney General, for the defendant.

Amici Curiae:

Solomon Bienenfeld and A. Robert Pierce, Jr., for The Detroit Edison Company.

Foster, Swift, Collins & Coey, P.C. (by David W. McKeague, Glen A. Schmiege, and Matthew F. Pausch,) for Michigan Oil and Gas Association.

Robert G. Teeter for Shell Western E & P, Inc.

John P. Boerschig for Amoco Production Company.

George D. Bennett for Union Oil Company of California.


BRICKLEY, J.

This case presents two questions. First, did the Public Service Commission exceed its statutory authority in ordering Consumers Power Company to cease noneconomic operation of its Karn oil-fired generating plants and to limit acceptance of oil deliveries under its contract with Union Carbide? Second, did the commission's order impair the contractual obligation of Union Carbide to provide oil to Consumers Power...

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