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DETROIT EDISON CO. v. PSC

Docket No. 247930.

691 N.W.2d 61 (2004)

264 Mich. App. 462

DETROIT EDISON COMPANY, Appellant, v. MICHIGAN PUBLIC SERVICE COMMISSION, Association of Businesses Advocating Tariff Equity, and Attorney General, Appellees.

Court of Appeals of Michigan.

Decided November 23, 2004, at 9:25 a.m.

Released for Publication January 20, 2005.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. (by William K. Fahey and Stephen J. Rhodes), and Jon P. Christinidis and Michael J. Solocinski, Jr., Lansing, Detroit, for the 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 the Public Service Commission.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Donald E. Erickson, Assistant Attorney General, for the Attorney General.

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

Before: DONOFRIO, P.J., and MARKEY and FORT HOOD, JJ.

PER CURIAM.

Appellant Detroit Edison Company (Edison) appeals as of right an opinion and order entered by appellee Michigan Public Service Commission (PSC) regarding Edison's application for recovery of implementation costs associated with its retail open access program in 2001. We affirm in part, reverse in part, and remand for further proceedings.

I. Factual Background

In 2000, the Legislature enacted the Customer Choice and Electricity Reliability...

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