CMS ENERGY CORP. v. ATTORNEY GENERAL

Docket No. 129241.

190 Mich. App. 220 (1991)

475 N.W.2d 451

CMS ENERGY CORPORATION v. ATTORNEY GENERAL

Michigan Court of Appeals.

Decided July 9, 1991, at 9:05 A.M.


Attorney(s) appearing for the Case

Dykema Gossett (by Richard J. McClear and Robert J. Franzinger), and Loomis, Ewert, Ederer, Parsley, Davis & Gotting (by George W. Loomis and Michael G. Oliva), and David A. Mikelonis and James E. Brunner, Consumers Power Company, for the appellants.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Luis F. Fernandez and Paul F. Novak, Assistant Attorneys General, for the Attorney General.

Hill Lewis (by Roderick S. Coy, Louis J. Porter, and Joseph R. Assenzo), for Association of Businesses Advocating Tariff Equity.

Don L. Keskey and Henry J. Boynton, Assistant Attorneys General, for the Michigan Public Service Commission.

Before: NEFF, P.J., and MURPHY and MARILYN KELLY, JJ.


PER CURIAM.

Consumers Power Company, a regulated utility company, its nonregulated corporate parent, CMS Energy Corporation, and certain nonregulated subsidiaries appeal as of right, MCL 462.26; MSA 22.45, from a May 23, 1990, order of the Michigan Public Service Commission. Among other things the PSC found that "proceeds" in the form of cash, debt, and equity received by nonregulated subsidiaries of CMS Energy belonged...

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