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DETROIT EDISON CO. v. MICHIGAN PUBLIC SERVICE COMM.

Docket Nos. 125950 & (99), 125954, 125955. COA Nos. 237872-237874.

695 N.W.2d 336 (2005)

472 Mich. 897

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 Commission, 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 Commission, 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 Commission, Upper Peninsula Power Company, Wisconsin Electric Power Company, and Northern States Power Company Wisconsin d/b/a Xcel Energy, Appellees.

Supreme Court of Michigan.

May 6, 2005.

The motion for leave to file supplemental brief is GRANTED. On order of the Court, leave to appeal having been granted and oral arguments of the parties having been considered by the Court, pursuant to MCR 7.302(G)(1), we VACATE only Part II(B) of the March 2, 2004 Court of Appeals opinion, in which the Court of Appeals erroneously concluded that a generally applicable industry code of conduct may be promulgated through a contested case proceeding. The conclusion by the Court...

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