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MIDWEST ENERGY CO-OP. v. PSC

Docket No. 255441.

708 N.W.2d 147 (2005)

268 Mich. App. 521

MIDWEST ENERGY COOPERATIVE, Appellant, v. MICHIGAN PUBLIC SERVICE COMMISSION and Indiana Michigan Power Co., d/b/a/ American Electric Power, Appellees.

Court of Appeals of Michigan.

Decided November 1, 2005, at 9:00 a.m.

Released for Publication January 23, 2006.

Attorney(s) appearing for the Case

Dykema Gossett PLLC (by Albert Ernst and Christine Mason Soneral), Lansing, for Midwest Energy Cooperative.

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.

Honigman Miller Schwartz and Cohn LLP (by Richard J. Aaron), Lansing, and Marc E. Lewis, Fort Wayne, IN, for Indiana Michigan Power Company.

Before: KELLY, P.J., and METER and DAVIS, JJ.

DAVIS, J.

Appellant Midwest Energy Cooperative claims an appeal by right from the April 20, 2004, decision of the Public Service Commission (PSC) determining that appellant violated 1999 AC, R 460.3411 (Rule 411) by providing electric service to a development in Vicksburg where appellee Indiana Michigan Power (I & M)1 was entitled to operate and violated MCL 460.5022 by doing so without having obtained...

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