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DETROIT EDISON CO. v. PUBLIC SERVICE COM'N

Docket No. 243268.

683 N.W.2d 679 (2004)

261 Mich.App. 448

DETROIT EDISON COMPANY, Appellant, v. PSC MICHIGAN PUBLIC SERVICE COMMISSION, ABATE, and Attorney General, Appellees.

Court of Appeals of Michigan.

Decided April 1, 2004, at 9:00 a.m.

Released for Publication June 24, 2004.

Attorney(s) appearing for the Case

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

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges, Michael A. Nickerson, and Patricia S. Barone, Assistant Attorneys General, for Public Service Commission.

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

Before: SAWYER, P.J., and SAAD and BANDSTRA, JJ.

SAAD, J.

I

Detroit Edison Company appeals the Public Service Commission's order that approved deferred recovery of implementation expenses of $27,225,289 that Detroit Edison incurred during the year 2000 to establish the retail open access (ROA) program. Detroit Edison appeals the PSC's order because the PSC deferred ultimate recovery of the 2000 implementation costs pending further reviews by the PSC. We remand...

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