Attorney General v. Public Service Commission
Attorney General v. Public Service Commission
Opinion of the Court
The Attorney General appeals as of right from the opinion and order of the Ingham Circuit Court affirming orders of the Michigan Public Service Commission in Case Nos. U-7510 and U-7550, establishing power supply cost recovery clauses in Detroit Edison’s rate schedules.
The Attorney General has raised essentially the identical issues in a number of separate appeals from orders of the Michigan Public Service Commission. We have consistently found these appeals to be without merit.
In Attorney General v Public Service Comm, 161 Mich App 506; 411 NW2d 469 (1987), lv den 429
Accordingly, we address the Attorney General’s first three issues summarily: (1) MCL 460.6j(2); MSA 22.13(6j)(2), is constitutional since it provides sufficiently precise standards to guide the Public Service Commission; (2) Proposal h did not implicitly repeal MCL 460.6j(9); MSA 22.13(6j)(9), since they are not incompatible; and (3) the Public Service Commission did not exceed its authority when it ruled that some customer classes could be exempted from paying a power supply cost recovery (pscr) factor. We also note that there is presently no real dispute since no customer class has been exempted. With regard to the second and third issues raised above, we also rejected them in Attorney General v Public Service Comm, 158 Mich App 670; 405 NW2d 386 (1986), lv den 428 Mich 880 (1987).
The Attorney General’s remaining two issues are also without merit and will be addressed briefly. The Attorney General argues that the mpsc acted unlawfully by approving a levelized (average) pscr factor for the entire year instead of adopting a monthly recovery factor. This claim is frivolous. We agree with the circuit court that levelized factors are not unlawful under MCL 460.6j; MSA 22.13(6j), particularly considering that the factors are variable up to the limit set on the pscr factor. We agree with the mpsc that no advantage would be served by engaging in the more difficult task of computing monthly factors, especially given the annual reconciliation process. The mpsc properly acted within its discretion in approving an annual pscr factor.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.