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ATTORNEY GENERAL v. PSC

Docket Nos. 231129, 232426.

634 N.W.2d 710 (2001)

247 Mich. App. 35

ATTORNEY GENERAL, Appellant, v. Michigan PUBLIC SERVICE COMMISSION, Consumers Energy Company, Unicom Energy Company, Midland Cogeneration Venture Limited Partnership, Energy Michigan, Inc., and Chamber of Commerce, Appellees. Attorney General, Appellant, v. Michigan Public Service Commission, Consumers Energy Company, Unicom Energy, Inc., Midland Cogeneration Venture Limited Partnership, Energy Michigan, Inc., and Chamber of Commerce, Appellees.

Court of Appeals of Michigan.

Decided July 24, 2001, at 9:10 a.m.

Released for Publication October 19, 2001.

Attorney(s) appearing for the Case

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

Cummins Woods (by Thomas E. Woods, Special Assistant Attorney General), Lansing, for the Public Service Commission.

David A. Mikelonis, Jon R. Robinson, and John C. Shea, Jackson, for Consumers Energy Company.

Before NEFF, P.J., and O'CONNELL and R.J. DANHOF, JJ.

O'CONNELL, J.

In these consolidated cases, appellant Attorney General appeals as of right from financing orders entered by the Public Service Commission (PSC) pursuant to the Customer Choice and Electricity Reliability Act, M.C.L. § 460.10 et seq. We affirm in both cases.

In connection with the deregulation of the electric utility industry, the Customer Choice and Electricity Reliability Act mandated an immediate five percent reduction in electric...

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