MI Comp L § 460.1078 (2021)
2021 Michigan Compiled Laws|Chapter 460 - Public Utilities|Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1211)|295-2008-2. - Part 2. Energy Standards (460.1021...460.1113)|295-2008-2-C. - Subpart C. Energy Waste Reduction (460.1071...460.1099)|Section 460.1078 - Energy Waste Reduction Plan Amendment; Petition by Electric Provider to Establish Alternative Energy Waste Reduction Level; Petition by Natural Gas Provider to Establish Alternative Energy Waste Reduction Standard; Determination.

460.1078 Energy waste reduction plan amendment; petition by electric provider to establish alternative energy waste reduction level; petition by natural gas provider to establish alternative energy waste reduction standard; determination.Sec. 78.  (1) By January 1, 2022, and every 2 years thereafter, an electric provider whose rates are regulated by the commission shall file an energy waste reduction plan amendment with the commission under section 73 pursuant to a filing schedule established by the commission. The amendment shall detail the amount of energy waste reduction the electric provider proposes to achieve for the succeeding 2-year period. If the electric provider whose rates are regulated by the commission proposes a level of energy waste reduction that is higher than the level specified in the provider's current energy waste reduction plan, the commission may approve the proposed higher level if the commission finds that it is the most reasonable and prudent. If the electric provider whose rates are regulated by the commission proposes a level of energy waste reduction that is lower than the level specified in the provider's current energy waste reduction plan, the commission may approve the proposed lower level if the commission finds that it is the most reasonable and prudent. If the commission finds that the proposed lower level of energy waste reduction is not the most reasonable and prudent, the level of energy waste reduction to be achieved by the electric provider whose rates are regulated by the commission for the succeeding 2-year period under the energy waste reduction plan shall be the same as the level specified in the provider's current energy waste reduction plan.   (2) If over a 2-year period an electric provider whose rates are regulated by the commission cannot achieve the level of energy waste reduction provided for in the energy waste reduction plan pursuant to subsection (1) in a cost-effective manner, the provider may petition the commission in a contested case hearing under section 73 to establish an alternative energy waste reduction level for that provider.  (3) If over a 2-year period a natural gas provider cannot achieve the energy waste reduction standard in a cost-effective manner, the natural gas provider may petition the commission to establish an alternative energy waste reduction standard for that provider.  (4) A petition filed pursuant to subsection (3) shall do all of the following:  (a) Identify the efforts taken by the natural gas provider to meet the energy waste reduction standard.  (b) Explain why the energy waste reduction standard cannot reasonably and cost-effectively be achieved.  (c) Propose a revised energy waste reduction standard to be achieved by the natural gas provider.  (5) If, based on a review of the petition filed under subsection (3), the commission determines that the natural gas provider has been unable to reasonably and cost-effectively achieve the energy waste reduction standard, the commission shall revise the energy waste reduction standard as applied to the natural gas provider to a level that can reasonably and cost-effectively be achieved. History: Add. 2016, Act 342, Eff. Apr. 20, 2017