in Re App of Intl Transmission Co for Expedited Siting Cert

Order Michigan Supreme Court Lansing, Michigan March 27, 2013 Robert P. Young, Jr., Chief Justice 146383-4 & (55)(58) Michael F. Cavanagh Stephen J. Markman ____________________________________ Mary Beth Kelly Brian K. Zahra In re APPLICATION OF INTERNATIONAL Bridget M. McCormack TRANSMISSION COMPANY FOR David F. Viviano, EXPEDITED SITING CERTIFICATE Justices ____________________________________

ASSOCIATION OF BUSINESSES

ADVOCATING TARIFF EQUITY,

Appellant/Cross-Appellee, v SC: 146383

COA: 303009

Public Service Commission: MICHIGAN PUBLIC SERVICE 00-016200

COMMISSION,

Appellee, and

INTERNATIONAL TRANSMISSION

COMPANY, d/b/a ITC TRANSMISSION,

Petitioner-Appellee/

Cross-Appellant, and

CONSUMERS ENERGY COMPANY,

MICHIGAN PUBLIC POWER AGENCY, and MICHIGAN MUNICIPAL ELECTRIC

ASSOCIATION,

Appellees. ____________________________________/

MICHIGAN PUBLIC POWER AGENCY and MICHIGAN MUNICIPAL ELECTRIC

ASSOCIATION,

Appellees,

SC: 146384 v COA: 303040

Public Service Commission: 00-016200

MICHIGAN PUBLIC SERVICE

COMMISSION,

Appellee, and

INTERNATIONAL TRANSMISSION

COMPANY, d/b/a ITC TRANSMISSION,

Petitioner-Appellee/

Cross-Appellant, and

CONSUMERS ENERGY COMPANY

Appellee, and

ASSOCIATION OF BUSINESSES

ADVOCATING TARIFF EQUITY,

Appellant/Cross-Appellee. ____________________________________/

On order of the Court, the joint motion for immediate consideration is GRANTED. The application for leave to appeal the November 6, 2012 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE, in part, the judgment of the Court of Appeals. The Michigan Public Service Commission correctly determined that issuance of an expedited siting certificate under 2008 PA 295 carries with it authorization to construct the transmission line that is the subject of the certificate. The Court of Appeals clearly erred in determining that Const 1963, art 4, § 25 would be violated if 2008 PA 295 authorizes such construction because 2008 PA 295 was enacted without re-enacting and publishing 1995 PA 30, which generally governs construction of electric transmission lines. 2008 PA 295, and particularly Part 4 of the act, provides a comprehensive legislative scheme for issuing expedited siting certificates, and clearly intends construction of approved transmission lines. Because 2008 PA 295 is an act complete in itself, Const 1963, art 4, § 25 is not violated. See Alan v Wayne County, 388 Mich 210, 276-277 (1972), and People v Mahaney, 13 Mich 481, 496-497 (1865). In all other respects, the applications are DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. March 27, 2013 _________________________________________ h0320 Clerk