ATTY. GEN. v. PSC NO 1

Docket No. 93641.

171 Mich. App. 696 (1988)

431 N.W.2d 47

ATTORNEY GENERAL v. PUBLIC SERVICE COMMISSION NO 1

Michigan Court of Appeals.

Decided June 10, 1988.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Hugh B. Anderson and Donald E. Erickson, Assistant Attorneys General, for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Don L. Keskey and Philip J. Rosewarne, Assistant Attorneys General, for the Public Service Commission.

Loomis, Ewert, Ederer, Parsley, Davis & Gotting (by George W. Loomis, Michael G. Oliva, and Ronald W. Bloomberg), and David A. Mikelonis, Allen B. Bass, and Frank R. Knox, for Consumers Power Company.

Before: SAWYER, P.J., and KELLY and J.J. RASHID, JJ.


PER CURIAM.

In this appeal as of right, the Attorney General challenges the propriety of allowing Consumers Power Company to recover, under a gas cost recovery clause, additional charges imposed pursuant to an arrangement with a supplier by virtue of which Consumers must pay for a minimum amount of natural gas, even if it takes delivery of a lesser amount.

As we read the conflicting testimony of various witnesses, it is clear to us, as it was to the Public...

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