MPSC Solicits Comments on Effect of Court of Appeals' Decision on Pending Rate Case Proceedings

Contact: Judy Palnau 517-241-3323

July 26, 2011

The Michigan Public Service Commission (MPSC) today said it is soliciting comments on the impact of a recent decision by the Michigan Court of Appeals on the pending Consumers Energy Company natural gas rate case proceeding and on other pending rate case proceedings.

The Michigan Court of Appeals on July 21 reversed the MPSC's order in the Michigan Consolidated Gas Company rate case in Case No. U-15985 that approved more than $5 million in funding for the Low-Income and Energy Efficiency Fund (LIEEF), finding that the "administration of a LIEEF does not fall within the scope of the PSC's general statutory powers, but depends in every instance on specific statutory authorization."  The court remanded that case to the MPSC.

The parties and other interested parties are asked to address the application of the Court of Appeals' July 21 opinion on this and other pending rate cases in the event of any subsequent appellate proceedings in Case No. U-15985, whether the Commission should immediately strip the $17.4 million in Operations and Maintenance (O & M) expenses from Consumers Energy's current rates, the tariff sheet revisions necessary to do so, the obligation, if any, on the part of Consumers Energy to refund prior O & M amounts collected from ratepayers for LIEEF, and other related considerations.


Comments should reference Case No. U-16418 and must be received no later than 5 p.m. on Aug. 1 to be considered.  Reply comments must be received no later than 5 p.m. Aug. 5.  Address mailed comments to:  Executive Secretary, Michigan Public Service Commission, P.O. Box 30221, Lansing, MI  48909.  Electronic comments may be emailed to, and documents, in Word or PDF format, may be attached to the email.  Comments may also be submitted electronically through the Commission's E-Dockets website:  All information submitted to the Commission in this matter will become public information available on the Commission's website and subject to disclosure; and all comments will be filed in Case No. U-16418.


The MPSC is an agency within the Department of Licensing and Regulatory Affairs.


Case No. U-16418

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