April 22, 2009
The Michigan Public Service Commission (MPSC) today directed Consumers Energy Company to file by April 29 the tariffs (rates), if any, that it proposes to implement anytime after May 14 and prior to Nov. 19.
The MPSC issued the order in response to a motion by the Association of Businesses Advocating Tariff Equity (ABATE) in Consumers Energy's ongoing electric rate case (Case No. U-15645). On April 9, ABATE filed a motion for a temporary order to prevent or delay the implementation of new rates by Consumers Energy on May 14.
Under Public Act 286 of 2008 (PA 286), a utility may implement a rate increase - up to the amount it has requested - 180 days after the filing of its complete application, if the MPSC has not yet issued an order in the case. That date is May 14 in Case No. U-15645.
Noting that PA 286 requires short timeframes for completing cases, the MPSC today directed the utility to file by April 29 tariffs that it proposes to implement anytime after May 14 and before Nov. 14. This filing date will provide Consumers Energy with an opportunity to review the MPSC staff's testimony (to be filed April 27) prior to its tariff filing.
All parties in the case will be able to respond to Consumers Energy's proposed tariffs - if they so choose - in their May 1 responses.
Today's order also directs the administrative law judge in the case to hold a hearing on ABATE's motion at 9 a.m. on May 5. At that hearing, the utility has been directed to provide a witness to support the justness and reasonableness of the tariffs it has proposed.
The MPSC is an agency with the Department of Energy, Labor & Economic Growth.
Case No. U-15645