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IN RE RELIABILITY PLANS OF ELEC. UTILITIES

No. 158305, No. 158306, No. 158307, No. 158308.

949 N.W.2d 73 (2020)

505 Mich. 97

IN RE RELIABILITY PLANS OF ELECTRIC UTILITIES FOR 2017-2021. Association of Businesses Advocating Tariff Equity, Appellee, v. Consumers Energy Company, Appellant, and Michigan Public Service Commission, Energy Michigan, Inc., and Michigan Electric and Gas Association, Appellees. Energy Michigan, Inc., Appellee, v. Consumers Energy Company, Appellant, and Michigan Public Service Commission and Michigan Electric and Gas Association, Appellees. Association of Businesses Advocating Tariff Equity, Appellee, v. Michigan Public Service Commission, Appellant, and Consumers Energy Company, Energy Michigan, Inc., and Michigan Electric and Gas Association, Appellees. Energy Michigan, Inc., Appellee, v. Michigan Public Service Commission, Appellant, and Consumers Energy Company and Michigan Electric and Gas Association, Appellees.

Supreme Court of Michigan.

Decided April 2, 2020.

Attorney(s) appearing for the Case

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, B. Eric Restuccia , Chief Legal Counsel, Ann M. Sherman , Assistant Solicitor General, and Steven D. Hughey and Spencer A. Sattler , Assistant Attorneys General, for the Michigan Public Service Commission.

Kelly M. Hall , Jackson, and Gary A. Gensch, Jr. , for Consumers Energy Company.

Clark Hill PLC (by Robert A. Strong , Birmingham, and Michael J. Pattwell , Lansing) for the Association of Businesses Advocating Tariff Equity.

Varnum, LLP (by Laura Chappelle , Lansing, Tim Lundgren , and Brion B. Doyle, Grand Rapids) for Energy Michigan, Inc.

Rivenoak Law Group, PC (by Valerie J. M. Brader and Catherine T. Dobrowitsky , Troy), Amici Curiae for the Michigan Chamber of Commerce.

Quarles & Brady LLP (by Bradley D. Jackson ), Amicus Curiae for the Midcontinent Independent System Operator, Inc.

Lauren DuVal Donofrio , Amicus Curiae for DTE Electric Company.

Sean P. Gallagher PLC (by Sean P. Gallagher ), Amicus Curiae for Charles River Laboratories, Inc.; the Electricity Consumers Resource Council; and the United States Steel Corporation.

Foster, Swift, Collins & Smith, PC, Grand Rapids (by Michael D. Homier and Laura J. Genovich ), Amici Curiae for the Foundry Association of Michigan and the Michigan Schools Energy Cooperative.

Barnes & Thornburg LLP, Grand Rapids (by Charles M. Denton and Aaron D. Lindstrom ), Amici Curiae for the Michigan Chemistry Council and the Grand Rapids Area Chamber of Commerce.

BEFORE THE ENTIRE BENCH.

OPINION

In 2016, the Legislature passed Public Act 341 to ensure reliability of the state's electric grid. The act charged the Michigan Public Service Commission (MPSC), which regulates retail electricity markets, with setting what are known as "capacity requirements" for a four-year period. Those capacity requirements...

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