CONSUMERS ENERGY CO. v. MICHIGAN PSC

Docket No. 253316.

707 N.W.2d 633 (2005)

268 Mich. App. 171

CONSUMERS ENERGY COMPANY, Appellant, v. MICHIGAN PUBLIC SERVICE COMMISSION, Energy Michigan, Inc., Midland Cogeneration Venture Limited Partnership, National Energy Marketers Association, Attorney General, Association of Businesses Advocating Tariff Equity, Adrian Energy Association, LLC, Genesee Power Station Limited Partnership, Granger Electric Company, Grayling Generating Station Limited Partnership, Hillman Power Company, LLC, Michigan Cogeneration Systems, Inc., Riverview Energy Systems, Sumpter Energy Association Limited Partnership, Viking Energy of Lincoln, Inc., Viking Energy of McBain, Inc., and Cadillac Renewable Energy, LLC, Appellees.

Court of Appeals of Michigan.

Decided September 13, 2005 at 9:10 a.m.

Released for Publication December 8, 2005.


Attorney(s) appearing for the Case

David A. Mikelonis and Jon R. Robinson, Jackson, for Consumers Energy Co.

Michael A. Cox, Atty. Gen., Thomas L. Casey, Sol. Gen., and David A. Voges and Michael A. Nickerson, asst. Attys. Gen., for the Public Service Com'n.

Michael A. Cox, Atty. Gen., Paul F. Novak, Asst. in Charge, and Donald E. Erickson, Asst. Atty. Gen., for the Atty. Gen.

Before: COOPER, P.J., and BANDSTRA and KIRSTEN FRANK KELLY, JJ.


PER CURIAM.

Consumers Energy Company appeals as of right an opinion and order of the Public Service Commission regarding Consumers' application for determination of its net stranded costs for 2000 and 2001. We affirm in part, reverse in part, and remand for further proceedings.

I. Background

This appeal involves two aspects of the PSC's decisions. First, Consumers challenges the PSC's conclusion that certain costs claimed for compliance with the...

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