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ABATE v. PSC

Docket Nos. 163930, 165005, 165713.

216 Mich. App. 8 (1996)

ASSOCIATION OF BUSINESSES ADVOCATING TARIFF EQUITY v. PUBLIC SERVICE COMMISSION ATTORNEY GENERAL v. PUBLIC SERVICE COMMISSION

Michigan Court of Appeals.

Decided March 19, 1996, at 9:05 A.M.

Attorney(s) appearing for the Case

Hill Lewis (by Roderick S. Coy and Timothy P. Collins), for Association of Businesses Advocating Tariff Equity.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Luis F. Fernandez, Larry F. Brya, and Robert L. Mol, Assistant Attorneys General, for the Attorney General.

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

Loomis, Ewert, Ederer, Parsley, Davis & Gotting, P.C. (by William D. Parsley, Harvey J. Messing, and Gary L. Field), and David A. Mikelonis and Jon R. Robinson, for Consumers Power Company.

Conner & Bentley, P.C. (by Pat D. Conner), and Robert C. Evans, for Michigan Cogeneration Partners.

Foster, Swift, Collins & Smith, P.C. (by Stephen O. Schultz and Steven H. Lasher), for Midland Cogeneration Venture Limited Partnership.

Fraser Trebilcock Davis & Foster, P.C. (by David E.S. Marvin and Thomas J. Waters), for Dow Chemical Company, Grand River Equities, Indeck Energy Services of Otsego, Inc., and Michigan Power Limited Partnership.

Before: MARILYN KELLY, P.J., and CORRIGAN and C.D. STEPHENS, JJ.

MARILYN KELLY, P.J.

This dispute began more than five years ago and now occupies over 19,000 pages of testimony and more than 500 exhibits presented at hearings before the Michigan Public Service Commission (MPSC). In Docket Nos. 163930 and 165713, appellant Association of Businesses Advocating Tariff Equity (ABATE) appeals from MPSC orders entered on March 31, 1993 and May 26, 1993 deciding issues on remand and denying rehearing, respectively. In Docket No. 165005...

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