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DETROIT EDISON CO. v. PSC.

Docket Nos. 237872, 237873, 237874.

680 N.W.2d 512 (2004)

261 Mich. App. 1

DETROIT EDISON COMPANY, Appellant, v. MICHIGAN PUBLIC SERVICE COMMISSION, Michigan Alliance for Fair Competition, Midland Cogeneration Venture Limited Partnership, Energy Michigan, Inc., Association of Businesses Advocating Tariff Equity, Alpena Power Company, Exelon Energy Company, Wisconsin Public Service Corporation, Upper Peninsula Power Company, Wisconsin Electric Power Company, and Northern States Power Company Wisconsin, d/b/a XCEL Energy, Appellees. Michigan Electric Cooperative Association, Appellant, v. Michigan Public Service Commission, Michigan Alliance for Fair Competition, Midland Cogeneration Venture Limited Partnership, Energy Michigan, Inc., Association of Businesses Advocating Tariff Equity, Alpena Power Company, Exelon Energy Company, Wisconsin Public Service Corporation, Upper Peninsula Power Company, Wisconsin Electric Power Company, and Northern States Power Company Wisconsin, d/b/a XCEL Energy, Appellees. Consumers Energy Company, Appellant, v. Michigan Public Service Commission, Michigan Alliance for Fair Competition, Midland Cogeneration Venture Limited Partnership, Energy Michigan, Inc., Association of Businesses Advocating Tariff Equity, Alpena Power Company, Exelon Energy Company, Wisconsin Public Service Corporation, Upper Peninsula Power Company, Wisconsin Electric Power Company, and Northern States Power Company Wisconsin, d/b/a XCEL Energy, Appellees.

Court of Appeals of Michigan.

Decided March 2, 2004, at 9:00 a.m.

Released for Publication May 26, 2004.

Attorney(s) appearing for the Case

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

Dykema Gossett PLLC (by Albert Ernst and Christine Mason Soneral), Lansing, for Michigan Electric Cooperative Association.

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

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David A. Voges, Henry J. Boynton, and David M. Gadaleto, Assistant Attorneys General, for Public Service Commission.

Clark Hill PLC (by Roderick S. Coy and Haran C. Rashes), Okemos, for Michigan Alliance for Fair Competition.

Varnum, Riddering, Schmidt & Howlett LLP (by Eric J. Schneidewind), Lansing, for Energy Michigan, Inc.

Clark Hill PLC (by Roderick S. Coy and Haran C. Rashes), Okemos, for Michigan Propane Gas Association.

Before: METER, P.J., and TALBOT and BORRELLO, JJ.

BORRELLO, J.

In these consolidated cases, appellants Detroit Edison Company (DEC), Michigan Electric Cooperative Association, and Consumers Energy Company (CEC) appeal as of right from the orders entered by appellee Michigan Public Service Commission (PSC) imposing and modifying a code of conduct governing the relationships between the utilities and their affiliates. We affirm in each case.

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