CONSUMERS POWER COMPANY, Plaintiff-Appellant,
v.
MICHIGAN PUBLIC SERVICE COMMISSION, Defendant-Appellee.
The Detroit Edison Company, Plaintiff-Appellant,
v.
Michigan Public Service Commission, Defendant-Appellee.
Detroit Edison Company, Plaintiff-Appellee, and
Attorney General, Plaintiff-Appellant,
v.
Michigan Public Service Commission, Dow Chemical Company, Michigan Electric Cooperative Association, Association of Business Advocating Tariff Equity, and Consumers Power Company, Defendants-Appellees.
Dow Chemical Company, Plaintiff-Appellee, and
Attorney General, Plaintiff-Appellant,
v.
Michigan Public Service Commission, Dow Chemical Company, Association of Business Advocating Tariff Equity, Consumers Power Company, and Detroit Edison Company, Defendants-Appellees.
Consumers Power Company, Plaintiff-Appellee, and
Attorney General, Plaintiff-Appellant,
v.
Michigan Public Service Commission, Dow Chemical Company, Detroit Edison Company, Consumers Power Company, and Dow Chemical Company, Defendants-Appellees.
Association of Businesses Advocating Tariff Equity, Plaintiff-Appellee, and
Attorney General, Plaintiff-Appellant,
v.
Michigan Public Service Commission, Association of Business Advocating Tariff Equity, Detroit Edison Company and Dow Chemical Company, Defendants-Appellees.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued March 11, 1999.
Decided June 29, 1999.
Attorney(s) appearing for the Case
David A. Mikelonis, Jon R. Robinson, and H. Richard Chambers, Jackson, and Loomis, Ewert, Parsley, Davis & Gotting (by Harvey J. Messing and Gary L. Field), Lansing, for Consumers Energy Company.
Foster, Swift, Collins & Smith, P.C. (by William K. Fahey and Stephen J. Rhodes), Lansing, and Raymond O. Sturdy, Jr. and Bruce R. Maters, Detroit, for Detroit Edison Company.
Fraser, Trebilcock, Davis & Foster, P.C. (by David E.S. Marvin and Michael L. Brady), Lansing, for Dow Chemical Company.
Clark, Hill, P.L.C. (by Robert A.W. Strong), Birmingham, for Association of Businesses Advocating Tariff Equity.
Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, J. Peter Lark, Robert L. Mol [Special Litigation Division], David A. Voges, and Henry J. Boynton, Lansing, Assistant Attorneys General, for Michigan Public Service Commission.
Cleary, Gottlieb, Steen & Hamilton (by Sara D. Schotland), Washington, D.C., and Clark, Hill, P.L.C. (by Robert A.W. Strong), Birmingham, amici curiae, for Electric Consumers Resource Council, American Iron and Steel Institute, and Chemical Manufacturers Association.
Supreme Court of Michigan.
Opinion
CORRIGAN, J.
We granted leave in these cases to determine whether defendant Michigan Public Service Commission (PSC) exceeded its statutory authority in ordering the Detroit Edison Company and Consumers Power Company to engage in "retail wheeling." We hold that the PSC lacks the authority to order retail wheeling. Therefore, we reverse the Court of Appeals and vacate the PSC order implementing the...
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