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ATTORNEY GENERAL v. MPSC

Docket Nos. 228484, 228485, 228522, 228523, 228622, 228623.

642 N.W.2d 691 (2002)

249 Mich. App. 424

ATTORNEY GENERAL, Appellant, v. MICHIGAN PUBLIC SERVICE COMMISSION, the Detroit Edison Company, and Residential Ratepayer Consortium, Appellees. Attorney General, Appellant, v. Michigan Public Service Commission, the Detroit Edison Company, and Residential Ratepayer Consortium, Appellees. Abate, Petitioner-Appellant, v. Michigan Public Service Commission, Respondent-Appellee, and The Detroit Edison Company and Residential Ratepayer Consortium, Appellees. Abate, Petitioner-Appellant, v. Michigan Public Service Commission, the Detroit Edison Company, and Residential Ratepayer Consortium, Respondent-Appellees. Residential Ratepayer Consortium, Petitioner-Appellant, v. Michigan Public Service Commission and the Detroit Edison Company, Respondent-Appellees. Residential Ratepayer Consortium, Petitioner-Appellant, v. Michigan Public Service Commission and the Detroit Edison Company, Respondent-Appellees.

Court of Appeals of Michigan.

Decided January 29, 2002, at 9:10 a.m.

Released for Publication April 17, 2002.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Susan I. Leffler, Assistant Solicitor General, J. Peter Lark, Assistant in Charge, and Donald E. Erickson, Assistant Attorney General, for the Attorney General.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges, Steven D. Hughey, and Patricia S. Barone, Assistant Attorneys General, for the Michigan Public Service Commission.

Foster, Swift, Collins & Smith, P.C. (by William K. Fahey and Stephen J. Rhodes), and Bruce R. Maters and Jon P. Christinides, Lansing, Detroit, for the Detroit Edison Company.

Clark Hill P.L.C. (by Robert A.W. Strong), Birmingham, for the Association of Businesses Advocating Tariff Equity.

Shaltz & Royal, P.C. (by Diane R. Royal), Lansing, for Residential Ratepayer Consortium.

Before: FITZGERALD, P.J., and BANDSTRA and K.F. KELLY, JJ.

K.F. KELLY, J.

On June 19, 2000, the Michigan Public Service Commission (MPSC) issued two orders, on its own motion and without notice or a hearing, dismissing with prejudice the Detroit Edison Company's application for a power supply cost reconciliation for 1999 (MPSC Case No. U-11800-R) and its application to implement a power supply cost recovery (PSCR) plan for 2000 (MPSC Case No. U-12121). The dismissals were ordered pursuant to subsection 10d(1) of the Customer...

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