GREAT WOLF LODGE v. PUBLIC SERVICE COM'N

Docket Nos. 139541, 139542, 139544, 139545.

799 N.W.2d 155 (2011)

489 Mich. 27

GREAT WOLF LODGE OF TRAVERSE CITY, LLC, Plaintiff-Appellee, v. PUBLIC SERVICE COMMISSION, Defendant-Appellant, and Cherryland Electric Cooperative, Defendant-Appellee. Great Wolf Lodge of Traverse City, LLC, Plaintiff-Appellee, v. Public Service Commission, Defendant-Appellee, and Cherryland Electric Cooperative, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 9, 2011.


Attorney(s) appearing for the Case

Clark Hill PLC (by Roderick S. Coy and Leland R. Rosier ), Lansing, for petitioner.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, and Steven D. Hughey , Vincent J. Leone , and Anne M. Uitvlugt, Assistant Attorneys General, for the Public Service Commission.

Dickinson Wright PLLC (by Peter H. Ellsworth and Jeffery V. Stuckey ), Lansing, Jim B. Weeks for the Michigan Municipal Electric Association.

Clark Hill PLC (by Robert A. W. Strong ), Birmingham, for the Association of Businesses Advocating Tariff Equity.

Dykema Gossett PLLC (by Shaun M. Johnson and Joseph J. Baumann ), Lansing, for the Michigan Electrical Cooperative Association. James A. Ault for Michigan Electric & Gas Association.


Opinion

MARILYN KELLY, J.

This case requires us to resolve three issues. First, whether a utility's right of first entitlement to provide electrical service to "the entire electric load on the premises" of a "customer" ceases when the "customer" on the property changes.1 Second, whether the Public Service Commission (PSC) is required to impose interest on a refund it awards when it determines that a utility has overcharged a...

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