IN RE CONSUMERS ENERGY CO.

Docket Nos. 275135, 275198.

756 N.W.2d 253 (2008)

In re Application of CONSUMERS ENERGY COMPANY. Attorney General, Appellant, v. Michigan Public Service Commission and Consumers Energy Company, Appellees. Association of Businesses Advocating Tariff Equity, Appellant, v. Michigan Public Service Commission and Consumers Energy Company, Appellees.

Court of Appeals of Michigan.

Decided April 10, 2008.

Approved for Publication May 27, 2008, at 9:00 a.m.


Attorney(s) appearing for the Case

H. Richard Chambers, Jackson, for Consumers Energy Company.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges, Michael A. Nickerson, and Kristin M. Smith, Assistant Attorneys General, for the Public Service Commission.

Michael A. Cox, Attorney General, and Susan I. Leffler and Donald E. Erickson, Assistant Attorneys General, for the Attorney General.

Clark Hill, PLC (by Robert A.W. Strong and Leland R. Rosier), Lansing, for the Association of Businesses Advocating Tariff Equity.

Before: FORT HOOD, P.J., and TALBOT and SERVITTO, JJ.


PER CURIAM.

In Docket No. 275135, the Attorney General appeals as of right an opinion and order issued by the Public Service Commission (PSC). The Attorney General asserts that the PSC was not authorized to approve a natural gas rate increase of $80,804,000 a year for Consumers Energy Company (CECo) where the rate enabled CECo to recover $17,427,000 from natural gas ratepayers for contributions to the low-income energy efficiency fund (LIEEF). Further, the Attorney...

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