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ENBRIDGE ENERGY v. U.P. POWER CO.

Docket No. 321946.

884 N.W.2d 581 (2015)

313 Mich. App. 669

ENBRIDGE ENERGY LTD. PARTNERSHIP v. UPPER PENINSULA POWER COMPANY.

Court of Appeals of Michigan.

Decided December 22, 2015 at 9:05 a.m.

Attorney(s) appearing for the Case

Clark Hill PLC (by Robert A.W. Strong , Birmingham and Sean P. Gallagher , Lansing) for Enbridge Energy Limited Partnership.

Miller, Canfield, Paddock and Stone, PLC, Lansing ( Sherri A. Wellman and Paul M. Collins ), for Upper Peninsula Power Company.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Matthew Schneider , Chief Legal Counsel, B. Eric Restuccia , Deputy Solicitor General, and Steven D. Hughey and Spencer A. Sattler , Assistant Attorneys General, for the Public Service Commission.

Before: BOONSTRA, P.J., and SAAD and HOEKSTRA, JJ.

Enbridge Energy Limited Partnership (Enbridge) appeals the order of the Michigan Public Service Commission (PSC) that dismissed Enbridge's complaint, which challenged the PSC's authority to approve a settlement agreement that provided for the use of a revenue decoupling mechanism (RDM). For the reasons below, we reverse and remand.

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