ATTORNEY GENERAL v. P.S.C.

Docket Nos. 203101, 203102, 203131, 203159.

602 N.W.2d 225 (1999)

237 Mich. App. 82

ATTORNEY GENERAL, Appellant, v. MICHIGAN PUBLIC SERVICE COMMISSION, Consumers Energy, Association of Businesses Advocating Tariff Equity, Residential Ratepayers Consortium, Michigan Consolidated Gas Company, Dow Chemical Company, S.D. Warren Company, Indeck Energy Services, Michigan Public Power Agency, Michigan South Central Power Agency, Midland Cogeneration Venture Limited Partnership, Michigan Electric Cooperative, Coastal Electric Services, SPX Corporation, Tenneco Packaging, Inc., and Nordic Power, Appellees. Midland Cogeneration Venture Limited Partnership, Appellant, v. Michigan Public Service Commission, Attorney General, Consumers Energy, Association of Businesses Advocating Tariff Equity, Residential Ratepayers Consortium, Nordic Power, Michigan Consolidated Gas Company, Dow Chemical Company, S.D. Warren Company, Indeck Energy Services, Michigan Public Power Agency, Michigan South Central Power Agency, Michigan Electric Services, SPX Corporation, and Tenneco Packaging, Inc., Appellees. Michigan Public Power Agency and Michigan South Central Power Agency, Appellants, v. Michigan Public Service Commission, Attorney General, Consumers Energy, Association Of Business Advocating Tariff Equity, Residential Ratepayers Consortium, Energy Consortium, Michigan Consolidated Gas Company, Dow Chemical Company, S.D. Warren Company, Indeck Energy Services, Midland Cogeneration Venture Limited Partnership, Michigan Electric Cooperative, Coastal Electric Services, SPX Corporation, Tenneco Packaging, Inc., and Nordic Power, Appellees. Association of Businesses Advocating Tariff Equity, Appellant, v. Michigan Public Service Commission, Attorney General, Consumers Energy, Residential Ratepayers Consortium, Energy Consortium, Michigan Consolidated Gas Company, Dow Chemical Company, S.D. Warren Company, Indeck Energy Services, Midland Cogeneration Venture Limited Partnership, Michigan Electric Cooperative, Coastal Electric Services, SPX Corporation, Tenneco Packaging, Inc., and Nordic Power, Appellees.

Court of Appeals of Michigan.

Decided August 10, 1999, at 9:05 a.m.

Released for Publication November 2, 1999.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, J. Peter Lark and Donald E. Erickson, Assistant Attorneys General, for the Attorney General.

Foster, Swift, Collins & Smith, P.C. (by Mark J. Burzych, Lansing, Stephen O. Schultz, and John P. Seurynck) and Gary B. Pasek, Midland, for Midland Cogeneration Venture Limited Partnership.

Dickinson, Wright, Moon, Van Dusen & Freeman (by Peter H. Ellsworth and Jeffery V. Stuckey), Lansing, for Michigan Public Power Agency and Michigan South Central Power Agency.

Clark Hill P.L.C. (by Roderick S. Coy, Stephen J. Videto, and Stewart A. Binke), Lansing, for the Association of Businesses Advocating Tariff Equity.

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

David A. Mikelonis, Jon R. Robinson, H. Richard Chambers, and Kelly M. Hall, Jackson, for Consumers Energy Company.

Before: GRIBBS, P.J., and MICHAEL J. KELLY and HOOD, JJ.


MICHAEL J. KELLY, J.

Appellants Attorney General (AG), Midland Cogeneration Venture Limited Partnership (MCV), Michigan Public Power Agency (MPPA), Michigan South Central Power Agency (MSCPA), and the Association of Businesses Advocating Tariff Equity (ABATE) claim appeals from orders entered on November 14, 1996, and April 10, 1997, by the Michigan Public Service Commission (PSC) approving a proposed settlement between the PSC staff and Consumers Power Company (Consumers...

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