reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.10z - Provisions of Act as Severable.

460.10z Provisions of act as severable.
Sec. 10z.
Effective on the date the first securitization bonds are issued under this act, if any provision of this act or portion of this act is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of the amendatory act that added this section, or any part of those provisions, or any other provision of this act that is relevant to the issuance, administration, payment, retirement, or refunding of securitization bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, or a financing party, which shall remain in full force and effect.
History:
Add. 2000, Act 142, Imd. Eff. June 5, 2000
Popular Name:
Customer Choice and Electricity Reliability Act
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.10aa - Impairment of Contractual Rights Under Existing Contract.

460.10aa Impairment of contractual rights under existing contract.
Sec. 10aa.
Nothing in this act impairs the contractual rights of electric utilities or customers under an existing contract that has been approved by the commission under section 11 of 1909 PA 300, MCL 462.11.
History:
Add. 2000, Act 141, Imd. Eff. June 5, 2000
Popular Name:
Customer Choice and Electricity Reliability Act
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.10bb - Aggregation; Use; Definition.

460.10bb Aggregation; use; definition.
Sec. 10bb.
(1) Aggregation may be used for the purchasing of electricity and related services from an alternative electric supplier.
(2) Local units of government, public and private schools, universities, and community colleges may aggregate for the purpose of purchasing electricity for themselves or for customers within their boundaries with the written consent of each customer aggregated. Customers within a local unit of government shall continue to have the right to choose their electricity supplier and are not required to purchase electricity through the aggregator.
(3) As used in this section, "aggregation" means the combining of electric loads of multiple retail customers or a single customer with multiple sites to facilitate the provision of electric service to such customers.
History:
Add. 2000, Act 141, Imd. Eff. June 5, 2000
Popular Name:
Customer Choice and Electricity Reliability Act
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.10cc - Provisions as Severable; Certain Rate Reductions as Void.

460.10cc Provisions as severable; certain rate reductions as void.
Sec. 10cc.
(1) Except as otherwise provided under subsection (2), if any provision of this act is found to be invalid or unconstitutional, the remaining provisions shall not be affected and will remain in full force and effect.
(2) If any provision of this act is found to be invalid or unconstitutional in a manner which prevents the issuance of securitization bonds that would otherwise be allowed, the rate reductions required under section 10d shall also be void and the rates shall return to those in effect on May 1, 2000.
History:
Add. 2000, Act 141, Imd. Eff. June 5, 2000
Popular Name:
Customer Choice and Electricity Reliability Act
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.10dd - Appropriation; Hiring Full-Time Positions to Implement Act.

460.10dd Appropriation; hiring full-time positions to implement act.
Sec. 10dd.
(1) For the fiscal year ending September 30, 2017, there is appropriated to the commission from the assessments imposed under 1972 PA 299, MCL 460.111 to 460.120, the amount of $1,950,000.00 to hire 13 full-time equated positions to implement the provisions of the amendatory act that added section 6t.
(2) For the fiscal year ending September 30, 2017, there is appropriated to the attorney general from the assessments imposed under 1972 PA 299, MCL 460.111 to 460.120, the amount of $150,000.00 to hire 1.0 full-time equated position to implement the provisions of the amendatory act that added section 6t.
(3) For the fiscal year ending September 30, 2017, there is appropriated to the Michigan administrative hearing system from the assessments imposed under 1972 PA 299, MCL 460.111 to 460.120, the amount of $600,000.00 to hire 4.0 full-time equated positions to implement the provisions of the amendatory act that added section 6t.
(4) For the fiscal year ending September 30, 2017, there is appropriated to the department of environmental quality from the assessments imposed under 1972 PA 299, MCL 460.111 to 460.120, the amount of $150,000.00 to hire 1.0 full-time equated position to implement the provisions of the amendatory act that added section 6t.
(5) For the fiscal year ending September 30, 2017, there is appropriated to the Michigan agency for energy from the assessments imposed under 1972 PA 299, MCL 460.111 to 460.120, the amount of $260,000.00 to hire 2.0 full-time equated positions to implement the provisions of the amendatory act that added section 6t.
History:
Add. 2008, Act 286, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 341, Eff. Apr. 20, 2017
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.10ff - Energy Ombudsman.

460.10ff Energy ombudsman.
Sec. 10ff.
(1) Effective January 1, 2017, the energy ombudsman is established in the Michigan agency for energy. The individual serving as energy ombudsman shall meet both of the following requirements:
(a) Understand the rate-making process and instruments to enable the energy ombudsman to provide rate information and track trends related to energy costs for businesses and individuals in this state.
(b) Possess the knowledge necessary to measure historic, ongoing, and future energy costs for businesses and individuals in this state based on the actions of the executive, legislative, and judicial branches of state government.
(2) The energy ombudsman shall do all of the following:
(a) Serve as a liaison for businesses and individuals in the state by guiding energy issues, problems, and disputes from businesses and individuals to the appropriate entity, agency, or venue for resolution.
(b) Monitor the activities of the commission, the Michigan agency for energy, and other regulatory entities of this state whose decisions affect businesses and individuals with respect to energy and communicate those entities' decisions, policy changes, and developments to businesses and individuals in this state. the issues the energy ombudsman shall monitor include, but are not limited to, all of the following:
(i) Renewable sources of energy.
(ii) Energy efficiency.
(iii) Net metering.
(iv) Combined heat and power.
(v) Distributed generation.
(vi) On-bill financing.
(c) Convene regular meetings in this state to share information and developments pertaining to energy issues, policies, and administrative processes affecting businesses and individuals in this state.
(d) Monitor the implementation of the code of conduct established by the commission under section 10ee and compile and annually publish statistics on unregulated services that are provided by utilities and their affiliates.
History:
Add. 2016, Act 341, Eff. Apr. 20, 2017
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.10hh - Nuclear Energy Generation Feasibility Study.

460.10hh Nuclear energy generation feasibility study.
Sec. 10hh.
(1) The commission shall engage an outside consulting firm to conduct a feasibility study on nuclear energy generation in this state.
(2) The feasibility study shall consider all of the following:
(a) The advantages and disadvantages of nuclear energy generation in this state, including, but not limited to, the economic and environmental impact.
(b) Ways to maximize the use of workers who reside in this state and products made in this state in the construction of nuclear energy generation facilities.
(c) Evaluations, conclusions, and recommendations on all of the following:
(i) Design characteristics.
(ii) Environmental and ecological impacts.
(iii) Land and siting criteria.
(iv) Safety criteria.
(v) Engineering and cost-related criteria.
(vi) Small cell nuclear reactor capability.
(d) Socioeconomic assessment and impact analysis, including, but not limited to, the following:
(i) Workforce education, training, and development.
(ii) Local and state tax base.
(iii) Supply chains.
(iv) Permanent and temporary job creation.
(e) The timeline for development, including areas of potential acceleration or efficiencies and leveraging existing nuclear energy generation facilities within this state.
(f) Additional efficiencies and other benefits that may be gained by coordinating with other advanced, clean energy technologies, including, but not limited to, hydrogen, direct air capture of carbon dioxide, and energy storage.
(g) Literature review of studies that have assessed the potential impact of nuclear energy generation in supporting an energy transition.
(h) Analysis of national and international studies of cases where development of nuclear energy is supported and adopted.
(i) Assessment and recommendation of current and future policies that may be needed to support or accelerate the adoption of nuclear energy generation or may improve its cost-effectiveness.
(j) Stakeholder engagement to seek input or feedback, including, but not limited to, current or previous nuclear energy generation facility owners and operators in this state.
(3) Not later than 18 months after the effective date of the amendatory act that added this section, the commission shall deliver a written report on the feasibility study to the governor, the senate majority leader, the senate minority leader, the speaker of the house of representatives, the minority leader of the house of representatives, and the chairpersons of the senate and house of representatives standing committees with primary responsibility for energy issues and environmental protection issues.
History:
Add. 2022, Act 218, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.11 - Establishment of Electric Rates; Establishment of Eligible Low-Income Customer or Senior Citizen Customer Rates; Public and Private Schools, Universities, and Community Colleges Rate Schedules.

460.11 Establishment of electric rates; establishment of eligible low-income customer or senior citizen customer rates; public and private schools, universities, and community colleges rate schedules.
Sec. 11.
(1) Except as otherwise provided in this subsection, the commission shall ensure the establishment of electric rates equal to the cost of providing service to each customer class. In establishing cost of service rates, the commission shall ensure that each class, or sub-class, is assessed for its fair and equitable use of the electric grid. If the commission determines that the impact of imposing cost of service rates on customers of an electric utility would have a material impact on customer rates, the commission may approve an order that implements those rates over a suitable number of years. The commission shall ensure that the cost of providing service to each customer class is based on the allocation of production-related costs based on using the 75-0-25 method of cost allocation and transmission costs based on using the 100% demand method of cost allocation. The commission may modify this method if it determines that this method of cost allocation does not ensure that rates are equal to the cost of service.
(2) Notwithstanding any other provision of this act, the commission may establish eligible low-income customer or eligible senior citizen customer rates. Upon filing of a rate increase request, a utility shall include proposed eligible low-income customer and eligible senior citizen customer rates and a method to allocate the revenue shortfall attributed to the implementation of those rates upon all customer classes. As used in this subsection, "eligible low-income customer" and "eligible senior citizen customer" mean those terms as defined in section 10t.
(3) Notwithstanding any other provision of this section, the commission shall establish rate schedules that ensure that public and private schools, universities, and community colleges are charged retail electric rates that reflect the actual cost of providing service to those customers. Electric utilities regulated under this section shall file with the commission tariffs to ensure that public and private schools, universities, and community colleges are charged electric rates as provided in this subsection.
History:
Add. 2008, Act 286, Imd. Eff. Oct. 6, 2008 ;-- Am. 2014. Act 169, Imd. Eff. June 17, 2014 ;-- Am. 2016, Act 341, Eff. Apr. 20, 2017
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 167 of 2008 - Electric Cooperative Member-Regulation Act (460.31 - 460.39) › Section 460.31 - Short Title.

460.31 Short title.
Sec. 1.
This act shall be known and may be cited as the "electric cooperative member-regulation act".
History:
2008, Act 167, Imd. Eff. June 26, 2008
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 167 of 2008 - Electric Cooperative Member-Regulation Act (460.31 - 460.39) › Section 460.32 - Definitions.

460.32 Definitions.
Sec. 2.
As used in this act:
(a) "Board of directors" or "board" means the group of members democratically elected by the members of a cooperative electric utility to manage the business and affairs of the cooperative electric utility.
(b) "Commission" means the Michigan public service commission.
(c) "Cooperative" or "cooperative electric utility" means an electric utility organized as a cooperative corporation under sections 98 to 109 of 1931 PA 327, MCL 450.98 to 450.109, serving primarily members of the cooperative electric utility.
(d) "Electric utility" means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the commission regulates under 1909 PA 106, MCL 460.551 to 460.559, or 1939 PA 3, MCL 460.1 to 460.10cc. Electric utility does not include a municipal utility, affiliated transmission company, or independent transmission company.
(e) "Member" means a person, partnership, corporation, association, or other legal entity that purchases electricity from a cooperative electric utility as a member of the cooperative.
(f) "Member-regulation" means the board of directors of the cooperative is charged with establishing, maintaining, and applying all rates, charges, accounting standards, billing practices, and terms and conditions of service.
History:
2008, Act 167, Imd. Eff. June 26, 2008
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 167 of 2008 - Electric Cooperative Member-Regulation Act (460.31 - 460.39) › Section 460.33 - Cooperative Electric Utilities; Purpose of Act.

460.33 Cooperative electric utilities; purpose of act.
Sec. 3.
Cooperative electric utilities, which are owned by the members they serve, are regulated by their members acting through democratically elected boards of directors. It is declared that member-regulation by a cooperative in the areas of rates, charges, accounting standards, billing practices, and terms and conditions of service may be more efficient and cost-effective. The purpose of this act is to allow the board of directors to elect member-regulation for rates, charges, accounting standards, billing practices, and terms and conditions of service.
History:
2008, Act 167, Imd. Eff. June 26, 2008
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 167 of 2008 - Electric Cooperative Member-Regulation Act (460.31 - 460.39) › Section 460.34 - Proposal by Board of Directors to Become Member-Regulated; Procedures.

460.34 Proposal by board of directors to become member-regulated; procedures.
Sec. 4.
To become member-regulated under this act, the board of directors shall comply with the following procedures:
(a) A director may propose to become member-regulated at any properly convened meeting of the board of directors. The board may not act on the proposal until 90 days has passed from the date the proposal was made.
(b) The board may only act on the proposal to become member-regulated at a meeting of the board for which written notice of the time and place of the meeting has been provided to all members of the cooperative. Notice to the members shall be written and delivered not less than 21 or more than 60 days before the date of the meeting and shall contain a copy of the proposal. Notice may be sent by first-class mail or may be published in a periodical issued by an association of cooperative electric utilities and mailed to each member of record of the cooperative.
(c) The meeting of the board of directors at which the proposal is to be acted upon shall be open to all members of the cooperative. The board shall allow members of the cooperative reasonable time to address the board prior to its acting upon the proposal.
(d) A roll call vote of the board of directors with 2/3 of the members voting in support of the proposal to become member-regulated is necessary for adoption of the proposal.
(e) The minutes of the meeting at which the proposal is acted upon, including the roll call vote, shall be provided to the members of the cooperative within 60 days from the date of the meeting in the same manner as the notice of the meeting at which the proposal was acted upon.
(f) The cooperative shall notify the commission in writing of the action of the board of directors on the proposal to become member-regulated within 10 days after the date of the action, and the cooperative shall become member-regulated as provided for in this act 90 days following the date of the notice to the commission.
(g) The board of directors may vote to rescind the proposal once adopted by following the same procedures that were followed in the adoption of the proposal.
History:
2008, Act 167, Imd. Eff. June 26, 2008
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 167 of 2008 - Electric Cooperative Member-Regulation Act (460.31 - 460.39) › Section 460.35 - Election to Become Member-Regulated; Overturn of Proposal by Members.

460.35 Election to become member-regulated; overturn of proposal by members.
Sec. 5.
The members of a cooperative that has elected to become member-regulated may overturn the proposal adopted by the board of directors by complying with the following:
(a) An election to overturn the vote by the board of directors to be member-regulated shall be called not less than 120 days after receipt of a valid petition signed by 5% or 750 members of the cooperative, whichever is less.
(b) The proposition to overturn the vote by the board of directors to be member-regulated shall be presented to a meeting of the members of the cooperative, the notice of which shall set forth the proposition for member-regulation and the time and place of the meeting. The cooperative shall deliver written notice to members not less than 21 days or more than 60 days before the date of the meeting. Notice shall be sent in the same manner as the notice for the meeting at which the proposal was acted upon. The cooperative shall pay the costs to notify the members of an election under this subdivision.
(c) Voting on the proposition to overturn the vote by the board of directors to be member-regulated shall be by mail ballot, and internet, provided members attending the meeting provided for in subdivision (b) may execute and deliver their ballot to the cooperative during or at the conclusion of the meeting. Proxy voting shall not be permitted.
(d) If the proposition to overturn the vote by the board of directors to be member-regulated is approved by the affirmative vote of not less than 2/3 of the members voting on the proposition, and at least 10% of the total number of members cast a vote, the cooperative shall notify the commission in writing of the results within 10 days after the date of the election, and the cooperative shall no longer be member-regulated as provided for in this act 90 days following the date of the notice to the commission.
(e) A cooperative's members may vote no more than once every 24 months to overturn the vote by the board of directors to be member-regulated as provided in this act.
(f) If the proposition to overturn the vote by the board of directors to be member-regulated is approved by the members in accordance with this section, the board of directors may not act on a proposal to member-regulate as provided for under section 4 until 36 months from the date notice of the election to overturn the vote of the board of directors was provided to the commission under subdivision (d).
History:
2008, Act 167, Imd. Eff. June 26, 2008
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 167 of 2008 - Electric Cooperative Member-Regulation Act (460.31 - 460.39) › Section 460.36 - Rates, Charges, Accounting Standards, Billing Practices, and Terms and Conditions of Service; Jurisdiction and Control by Commission; Scope.

460.36 Rates, charges, accounting standards, billing practices, and terms and conditions of service; jurisdiction and control by commission; scope.
Sec. 6.
(1) A cooperative electing to be member-regulated under this act shall, by board action, establish, maintain, and apply all rates, charges, accounting standards, billing practices, and terms and conditions of service in accordance with this act.
(2) Notwithstanding the provisions of this act, the commission shall retain jurisdiction and control over all member-regulated cooperatives for matters involving safety, interconnection, code of conduct including, but not limited to, all relationships between a member-regulated cooperative and an affiliated alternative electric supplier, customer choice including, but not limited to, the ability of customers to elect service from an alternative electric supplier under 1939 PA 3, MCL 460.1 to 460.10cc, and the member-regulated cooperative's rates, terms, and conditions of service for customers electing service from an alternative electric supplier, service area, distribution performance standards, and quality of service, including interpretation of applicable commission rules and resolution of complaints and disputes, except any penalties pertaining to performance standards and quality of service shall be established by the cooperative's members when voting on the proposition for member-regulation or at an annual meeting of the cooperative.
History:
2008, Act 167, Imd. Eff. June 26, 2008
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 167 of 2008 - Electric Cooperative Member-Regulation Act (460.31 - 460.39) › Section 460.37 - Establishment, Maintenance, and Applicability of Rates and Charges; Adoption, Amendment, Repeal, or Addition to Billing Practices and Service Rules; Availability of Electronic Copy; Notice of Rate Increase or Other Changes.

460.37 Establishment, maintenance, and applicability of rates and charges; adoption, amendment, repeal, or addition to billing practices and service rules; availability of electronic copy; notice of rate increase or other changes.
Sec. 7.
(1) A cooperative electric utility that is member-regulated under this act shall determine how rates and charges for service provided are to be established, maintained, and applied. The rates and charges shall reasonably reflect the costs of providing service and shall be uniform within the classes of service provided by the cooperative.
(2) The board of directors of a cooperative electric utility that is member-regulated may adopt, amend, repeal, or add to the cooperative's billing practices and service rules provided it has given written notice to members at least 30 days prior to the effective date of any action taken.
(3) Each cooperative which has elected to be member-regulated shall maintain and make available to the public an electronic copy of its rates, charges, accounting standards, billing practices and service rules, and terms and conditions of service on a website and shall maintain a paper copy at all offices of the cooperative for review by the general public. In addition, the cooperative shall provide a copy of the same to the commission as well as a copy of the cooperative's most recent audited financial statement.
(4) If a cooperative is member-regulated under this act, the board shall give at least 10 days' notice to all members of the cooperative of the time and place of any meeting of the board at which an increase in rates affecting at least 5% of the members or substantive changes in billing practices and service rules or terms and conditions of service are to be discussed and voted on. Any such meeting shall be open to all members. Notice under this subsection shall be sent by first-class mail to all members or may be published in a periodical issued by an association of cooperative electric utilities and mailed to each member of record of the cooperative electric utility.
History:
2008, Act 167, Imd. Eff. June 26, 2008
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 167 of 2008 - Electric Cooperative Member-Regulation Act (460.31 - 460.39) › Section 460.38 - Notice of Rate Change or Other Changes; Time Period; Publication.

460.38 Notice of rate change or other changes; time period; publication.
Sec. 8.
(1) A cooperative electric utility that is member-regulated shall publish notice of any rate change or any change in billing practices and service rules or terms and conditions of service at least 30 days prior to the effective date of the change.
(2) The notice under this section shall be sent by first-class mail to all members or may be published in a periodical issued by an association of cooperative electric utilities and mailed to each member of record of the cooperative electric utility.
History:
2008, Act 167, Imd. Eff. June 26, 2008
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Repealed - Act 115 of 1970 - Public Service Commission Inspectors as Peace Officers (460.41 - 460.41)

PUBLIC SERVICE COMMISSION INSPECTORS AS PEACE OFFICERS
Act 115 of 1970
460.41 Repealed. 1982, Act 531, Imd. Eff. Dec. 31, 1982.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.51 - Repealed. 1993, Act 354, Imd. Eff. Jan. 14, 1994.

460.51 Repealed. 1993, Act 354, Imd. Eff. Jan. 14, 1994.
Compiler's Notes:
The repealed section pertained to public utilities commission.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.52 - Repealed. 1975, Act 82, Imd. Eff. May 20, 1975.

460.52 Repealed. 1975, Act 82, Imd. Eff. May 20, 1975.
Compiler's Notes:
The repealed section pertained to appointment and compensation of officers, employees, engineers, and experts.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.53, 460.53a - Repealed. 1993, Act 354, Imd. Eff. Jan. 14, 1994.

460.53, 460.53a Repealed. 1993, Act 354, Imd. Eff. Jan. 14, 1994.
Compiler's Notes:
The repealed sections pertained to railroad commmission and equipment of vehicles for transporting employees.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.54 - Public Utilities Commission; Powers and Duties Concerning Rates; Franchise Rights; Municipally Owned Utility.

460.54 Public utilities commission; powers and duties concerning rates; franchise rights; municipally owned utility.
Sec. 4.
In addition to the rights, powers and duties vested in and imposed on said commission by the preceding section, its jurisdiction shall be deemed to extend to and include the control and regulation, including the fixing of rates and charges, of all public utilities within this state, producing, transmitting, delivering or furnishing steam for heating or power, or gas for heating or lighting purposes for the public use. Subject to the provisions of this act the said commission shall have the same measure of authority with reference to such utilities as is granted and conferred with respect to railroads and railroad companies under the various provisions of the statutes creating the Michigan railroad commission and defining its powers and duties. The power and authority granted by this act shall not extend to, or include, any power of regulation or control of any municipally owned utility; and it shall be the duty of said commission on the request of any city or village to give advice and render such assistance as may be reasonable and expedient with respect to the operation of any utility owned and operated by such city or village. In no case shall the commission have power to change or alter the rates or charges fixed in, or regulated by, any franchise or agreement heretofore or hereafter granted or made by any city, village or township. It shall be competent for any municipality and any public utility operating within the limits of said municipality, whether such utility is operating under the terms of a franchise or otherwise, to join in submitting to the commission any question involving the fixing or determination of rates or charges, or the making of rules or conditions of service, and the commission shall thereupon be empowered, and it shall be its duty to make full investigation as to all matters so submitted and to fix and establish such reasonable maximum rates and charges, and prescribe such rules and conditions of service and make such determination and order relative thereto as shall be just and reasonable. Such order when so made shall have like force and effect as other orders made under the provisions of this act. In any case where a franchise under which a utility is, or has been, operated, including street railways, shall have heretofore expired or shall hereafter expire, the municipality shall have the right to petition the commission to fix the rates and charges of said utility in accordance with the provisions of this act, or to make complaint as herein provided with reference to any practice, service or regulation of such utility, and thereupon said commission shall have full jurisdiction in the premises.
History:
1919, Act 419, Imd. Eff. May 15, 1919 ;-- CL 1929, 11009 ;-- Am. 1931, Act 138, Eff. Sept. 18, 1931 ;-- CL 1948, 460.54
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.55 - Additional Reports; Verification; Rules of Commission; Penalties.

460.55 Additional reports; verification; rules of commission; penalties.
Sec. 5.
In addition to the reports now required to be made by any public utility under the laws of the state relating to the Michigan railroad commission, it shall be competent for the public utilities commission to require the making of such additional and further reports and the supplying of such data as is reasonably necessary for the proper performance of the powers and duties hereby contemplated. Any report required to be made by a utility operated and controlled by a corporation, joint stock company or association shall be verified by the affidavit of the president and secretary thereof. In all other cases such verification shall be made by the owner, or 1 of them, or by the general manager. Said commission shall have power and authority to make, adopt and enforce rules and regulations for the conduct of its business and the proper discharge of its functions hereunder, and all persons dealing with the commission or interested in any matter or proceedings pending before it shall be bound by such rules and regulations. The commission shall also have authority to make and prescribe regulations for the conducting of the business of public utilities, subject to the jurisdiction thereof, and it shall be the duty of every corporation, joint stock company, association or individual owning, managing or operating any such utility to obey such rules and regulations. Any such corporation, joint stock company, association or individual refusing or neglecting so to do, or refusing or neglecting to make any report required hereunder, shall be liable to a penalty of not less than 100 dollars nor more than 1,000 dollars; and the officer or individual in default shall also be deemed to be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than 10 dollars nor more than 1,000 dollars, or to imprisonment in the county jail not more than 6 months, or both such fine and imprisonment in the discretion of the court.
History:
1919, Act 419, Imd. Eff. May 15, 1919 ;-- CL 1929, 11010 ;-- CL 1948, 460.55
Admin Rule:
R 460.511 et seq.; R 460.915 et seq.; R 460.1451 et seq.; R 460.1951 et seq.; R 460.2011 et seq.; R 460.2051 et seq.; R 460.2101 et seq.; R 460.2211 et seq.; R 460.2501 et seq.; R 460.2601 et seq.; and R 460.3101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.56 - Books, Records and Accounts of Public Utility; Examination by Commission; Failure to Obey Order, Penalty; Compulsory Process.

460.56 Books, records and accounts of public utility; examination by commission; failure to obey order, penalty; compulsory process.
Sec. 6.
Said commission shall have authority to examine, or cause to be examined, the books, accounts and records kept on behalf of any public utility subject to the jurisdiction thereof. For the purpose of making such examination any member of the commission or any examiner or employee thereof shall be given free and full access to said books, accounts and records. Any person, or persons, in any way preventing or obstructing such examination or interfering with the person or persons authorized to make the same shall be deemed guilty of a misdemeanor. It shall also be competent for the commission to require by order or subpoena, which may be served in the same manner as is a subpoena issued out of the circuit court, the production of any books, papers or records relating to the operating or management of any such utility. The owner or manager or the officers of any corporation, company, or association, owning or operating any such utility, may likewise be summoned to appear before the commission to answer such questions as may be put to him touching the operation and business of such utility. Neglect or refusal to obey any such order or subpoena or refusal to so testify shall render the person or persons in default guilty of a misdemeanor. Said commission may also apply to any circuit court of the state for compulsory process to enforce any such order or subpoena, and said court shall have jurisdiction to compel obedience in the same manner as compliance with an order of the court might be enforced under the laws of the state pertaining thereto.
History:
1919, Act 419, Imd. Eff. May 15, 1919 ;-- CL 1929, 11011 ;-- CL 1948, 460.56
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.57 - Principal Office of Public Utility; Books, Accounts, Papers, and Records; Filing, Printing, and Posting of Rate Schedules; Approval of Schedule and Changes Therein; Rules and Regulations.

460.57 Principal office of public utility; books, accounts, papers, and records; filing, printing, and posting of rate schedules; approval of schedule and changes therein; rules and regulations.
Sec. 7.
Any corporation, joint stock company, association, or individual operating a public utility within this state subject to the provisions of this act shall have and maintain a principal office within this state. All books, accounts, papers, and records pertaining to the business and operation of the utility shall be kept in the office, unless the commission by special order or by rule or regulation may otherwise provide. Schedules of rates in a form and in such detail as the commission may direct shall be filed in the office of the commission and copies of the schedules shall be printed and posted in the principal office of the utility and other such locations as the commission may direct. A schedule shall not be operative unless and until it has been approved by the commission; nor shall any change be made in the schedules except upon approval of the commission. The commission may adopt rules and regulations governing the presentation of the schedules and desired changes, and action on the schedules, and shall have full authority to regulate the procedure to be observed.
History:
1919, Act 419, Imd. Eff. May 15, 1919 ;-- CL 1929, 11012 ;-- CL 1948, 460.57 ;-- Am. 1988, Act 231, Imd. Eff. July 8, 1988
Admin Rule:
R 460.2011 et seq. and R 460.2051 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.58 - Complaint; Procedure for Investigation; Contempt; Order of Commission; Witness Fees.

460.58 Complaint; procedure for investigation; contempt; order of commission; witness fees.
Sec. 8.
Upon complaint in writing that any rate, classification, regulation or practice charged, made or observed by any public utility is unjust, inaccurate, or improper, to the prejudice of the complainant, the commission shall proceed to investigate the matter. The procedure to be followed in all such cases shall be prescribed by rule of the commission: Provided, however, That in all cases reasonable notice shall be given to the parties concerned as to the time and place of hearing. An investigation of any such complaint, and the formal hearing thereon, if such is deemed necessary, may be held at any place within the state and by any member or members of the commission, or by any duly authorized representative thereof. Witnesses may be summoned and the production of books, and records before the commission, or the member, or any duly authorized representative thereof conducting the hearing, may be required. Any witness summoned to appear or to produce papers at any such hearing, who neglects or refuses so to do shall be deemed guilty of a contempt. It shall be competent for the commission in any such case to make application to any circuit court of the state setting forth the facts of the matter. Thereupon said court shall have the same power and authority to punish for the contempt and to compel obedience to the subpoena or order of the commission as though such person were in contempt of such court or had neglected or refused to obey its lawful order or process. The taking of testimony at such hearing shall be governed by the rules of the commission: Provided, That at the request of either party a record of such testimony shall be taken and preserved. Upon the completion of any such hearing, the commission shall have authority to make an order or decree dismissing the complaint or directing that the rate, charge, practice or other matter complained of, shall be removed, modified or altered, as the commission deems just, equitable and in accordance with the rights of the parties concerned. For attending on any such hearing, any witness summoned by the commission shall be entitled to the same fees as are, or may be, provided by law for attending the circuit court in any civil matter or proceedings, which said fees shall be paid out of the general fund in the treasury of the state. All claims for such fees shall be approved by the secretary, or by some member of the commission, and shall be audited and allowed by the board of state auditors.
History:
1919, Act 419, Imd. Eff. May 15, 1919 ;-- CL 1929, 11013 ;-- CL 1948, 460.58
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.59 - Review of Order or Decree.

460.59 Review of order or decree.
Sec. 9.
Any order or decree shall be subject to review in the manner provided for in section 26 of Act No. 300 of the Public Acts of 1909, being section 462.26 of the Michigan Compiled Laws.
History:
1919, Act 419, Imd. Eff. May 15, 1919 ;-- CL 1929, 11014 ;-- CL 1948, 460.59 ;-- Am. 1987, Act 7, Eff. Apr. 1, 1987
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.60 - Rights Not Conferred.

460.60 Rights not conferred.
Sec. 10.
Nothing herein contained shall be deemed to confer upon any corporation, joint stock company, association or individuals any rights or privileges whatsoever of a determinate or of an indeterminate nature with respect to the use and enjoyment of franchises or the use and occupation of any street, highway or alley within the state.
History:
1919, Act 419, Imd. Eff. May 15, 1919 ;-- CL 1929, 11015 ;-- CL 1948, 460.60
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.61 - Repealed. 1978, Act 272, Imd. Eff. June 29, 1978.

460.61 Repealed. 1978, Act 272, Imd. Eff. June 29, 1978.
Compiler's Notes:
The repealed section pertained to fee for issuance of securities.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.61a - Disposition of Funds Paid Into State Treasury.

460.61a Disposition of funds paid into state treasury.
Sec. 11a.
Notwithstanding this or any other act to the contrary, all funds paid into the state treasury under this act shall be credited to a special account to be utilized solely to finance the cost of regulating public utilities.
History:
Add. 1972, Act 334, Imd. Eff. Jan. 4, 1973
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 419 of 1919 - Michigan Public Utilities Commission (460.51 - 460.62) › Section 460.62 - Declaration of Necessity.

460.62 Declaration of necessity.
Sec. 12.
This act is hereby declared immediately necessary for the preservation of the public peace, health and safety.
History:
1919, Act 419, Imd. Eff. May 15, 1919 ;-- CL 1929, 11017 ;-- CL 1948, 460.62
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.111 - Definitions.

460.111 Definitions.
Sec. 1.
As used in this act:
(a) "Commission" means the public service commission.
(b) "Department" means the department of commerce.
(c) "Public utility" means a steam, heat, electric, power, gas, water, wastewater, telecommunications, telegraph, communications, pipeline, or gas producing company regulated by the commission, whether private, corporate, or cooperative, except a municipally owned utility.
History:
1972, Act 299, Imd. Eff. Dec. 19, 1972 ;-- Am. 1992, Act 36, Imd. Eff. Apr. 21, 1992 ;-- Am. 2005, Act 189, Imd. Eff. Nov. 7, 2005
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.112 - Assessments Against Public Utilities; Amount; Apportionment.

460.112 Assessments against public utilities; amount; apportionment.
Sec. 2.
The department within 30 days after the enactment into law of any appropriation to it, shall ascertain the amount of the appropriation attributable to the regulation of public utilities. This amount shall be assessed against the public utilities and shall be apportioned amongst them as follows: The gross revenue for the preceding calendar year derived from intrastate operations for each public utility shall be totaled and each public utility shall pay a portion of the assessment in the same proportion that its gross revenue for the preceding calendar year derived from intrastate operations bears to such total. Each public utility shall pay a minimum assessment of not less than $50.00.
History:
1972, Act 299, Imd. Eff. Dec. 19, 1972
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.113 - Deductions From Assessments.

460.113 Deductions from assessments.
Sec. 3.
For the fiscal year commencing July 1, 1973 and annually thereafter, there shall be deducted from any amount to be assessed under section 2 an amount equal to the difference by which the actual expenditures for the previous fiscal year attributable to the regulation of public utilities are less than the amounts appropriated for those purposes. Such deductions shall be made in the same proportion as the original assessments in section 2 of the act.
History:
1972, Act 299, Imd. Eff. Dec. 19, 1972
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.114 - Repealed. 1978, Act 272, Imd. Eff. June 29, 1978.

460.114 Repealed. 1978, Act 272, Imd. Eff. June 29, 1978.
Compiler's Notes:
The repealed section pertained to credit for fees paid.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.115 - Disposition of Moneys Paid by Public Utilities.

460.115 Disposition of moneys paid by public utilities.
Sec. 5.
All moneys paid into the state treasury by a public utility under this act shall be credited to a special account, to be utilized solely to finance the cost of regulating public utilities.
History:
1972, Act 299, Imd. Eff. Dec. 19, 1972
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.115a - Administration of Uniform Video Services Local Franchise Act; Use of Assessments.

460.115a Administration of uniform video services local franchise act; use of assessments.
Sec. 5a.
Notwithstanding section 5, the commission may use assessments received under this act to administer the uniform video services local franchise act, 2006 PA 480, MCL 484.3301 to 484.3315.
History:
Add. 2016, Act 438, Eff. Jan 4, 2017
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.116 - Objections to Assessments; Notice; Hearing; Findings; Payment of Assessments; Interest on Unpaid Assessments; Action by Attorney General.

460.116 Objections to assessments; notice; hearing; findings; payment of assessments; interest on unpaid assessments; action by attorney general.
Sec. 6.
Within 15 days after the receipt of any statement of amount assessed under this act, the public utility may file with the commission objections setting forth in detail the grounds upon which the assessment is claimed to be excessive, erroneous, unlawful or invalid. The commission, after notice to the utility shall hold a hearing on the objections. If, after hearing, the commission finds the assessment is not excessive, erroneous, unlawful or invalid in whole or in part, it shall record its findings and transmit them to the public utility and again mail or serve a copy of the assessment upon the utility. Statements of assessment to which objections have not been filed, and statements of assessment and amended statements of assessment mailed or served after a hearing upon objections shall be paid not later than 30 days after their receipt. Assessments not paid when due shall bear interest at the rate of 1% per month. Statements of unpaid assessments together with interest thereon shall be recovered by the attorney general by appropriate action.
History:
1972, Act 299, Imd. Eff. Dec. 19, 1972