IN RE DETROIT EDISON CO.

Docket Nos. 134667, 134668, 134669, 134671, 134673, 134674, 134676, 134677. COA Nos. 259845, 264099, 264131, 264156, 264191.

764 N.W.2d 272 (2009)

In re Application of DETROIT EDISON COMPANY Attorney General, Appellant, v. Michigan Public Service Commission, Detroit Edison Company, and Constellation Newenergy, Inc., Appellees. In re Application of Detroit Edison Company Detroit Edison Company, Appellee, v. Michigan Public Service Commission, Association of Businesses Advocating Tariff Equity, Michigan Environmental Council, Public Interest Research Group in Michigan, and Constellation Newenergy, Inc., Appellees, and Attorney General, Appellant. In re Application of Detroit Edison Company Attorney General, Appellant, v. Michigan Public Service Commission, Detroit Edison Company, Energy Michigan, Inc., Constellation Newenergy, Inc., and Association of Businesses Advocating Tariff Equity, Appellees. In re Application of Detroit Edison Company Detroit Edison Company, Appellee, v. Association of Businesses Advocating Tariff Equity, Michigan Environmental Council, Public Interest Research Group in Michigan, Constellation Newenergy, Inc., and Attorney General, Appellees, and Michigan Public Service Commission, Appellant. In re Application of Detroit Edison Company Detroit Edison Company, Appellee, v. Michigan Public Service Commission, Association of Businesses Advocating Tariff Equity, Constellation Newenergy, Inc., and Attorney General, Appellees, and Michigan Environmental Council, and Public Interest Research Group in Michigan, Appellants. In re Application of Detroit Edison Company Michigan Environmental Council and Public Interest Research Group in Michigan, Appellants, v. Michigan Public Service Commission, Detroit Edison Company, and Constellation Newenergy, Inc., Appellees. In re Application of Detroit Edison Company Detroit Edison Company, Appellee, v. Michigan Public Service Commission, Michigan Environmental Council, Public Interest Research Group in Michigan, Constellation Newenergy, Inc., and Attorney General, Appellees, and Association of Businesses Advocating Tariff Equity, Appellant. In re Application of Detroit Edison Company Association of Businesses Advocating Tariff Equity, Appellant, v. Michigan Public Service Commission, Detroit Edison Company, Energy Michigan, Inc., Constellation Newenergy, Inc., and Attorney General, Appellees.

Supreme Court of Michigan.

May 1, 2009.


Order

On order of the Court, leave to appeal having been granted and the briefs and oral arguments of the parties having been considered by the Court, we REVERSE the July 3, 2007 judgment of the Court of Appeals on the issue of Detroit Edison Company (Edison) recovering a portion of the control premium that DTE Energy paid to acquire MCN Energy, and we AFFIRM the Court of Appeals judgment that "transmission costs" may be recovered through a power supply cost recovery...

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