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 460.6g - Definitions; Regulation of Rates, Terms, and Conditions of Attachments by Attaching Parties; Hearing; Authorization; Applicable Procedures.

460.6g Definitions; regulation of rates, terms, and conditions of attachments by attaching parties; hearing; authorization; applicable procedures.
Sec. 6g.
(1) As used in this section:
(a) "Attaching party" means any person, firm, corporation, partnership, or cooperatively organized association, other than a utility or a municipality, which seeks to construct attachments upon, along, under, or across public ways or private rights of way.
(b) "Attachment" means any wire, cable, facility, or apparatus for the transmission of writing, signs, signals, pictures, sounds, or other forms of intelligence or for the transmission of electricity for light, heat, or power, installed by an attaching party upon any pole or in any duct or conduit owned or controlled, in whole or in part, by 1 or more utilities.
(c) "Commission" means the Michigan public service commission created in section 1.
(d) "Utility" means any public utility subject to the regulation and control of the commission that owns or controls, or shares ownership or control of poles, ducts, or conduits used or useful, in whole or in part, for supporting or enclosing wires, cables, or other facilities or apparatus for the transmission of writing, signs, signals, pictures, sounds, or other forms of intelligence, or for the transmission of electricity for light, heat, or power.
(2) The commission shall regulate the rates, terms, and conditions of attachments by attaching parties. The commission, in regulating the rates, terms, and conditions of attachments by attaching parties, shall not require a hearing when approving the rates, terms, and conditions unless the attaching party or utility petitions the commission for a hearing. The commission shall ensure that the rates, terms, and conditions are just and reasonable and shall consider the interests of the attaching parties' customers as well as the utility and its customers.
(3) An attaching party shall obtain any necessary authorization before occupying public ways or private rights of way with its attachment.
(4) Procedures under this section shall be those applicable to any utility whose rates charged its customers are regulated by the commission, including the right to appeal a final decision of the commission to the courts.
History:
Add. 1980, Act 470, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.6n - Restructuring of Residential Electric Rates; Hearings; Revenue Impact; Purpose and Basis of Restructured Rates; Penalizing Residential Customers Prohibited; Informing Public of Conservation Advantages; Contents of Customer's Bill; Costs; Applicability of Section.

460.6n Restructuring of residential electric rates; hearings; revenue impact; purpose and basis of restructured rates; penalizing residential customers prohibited; informing public of conservation advantages; contents of customer's bill; costs; applicability of section.
Sec. 6n.
(1) Not later than 4 months after the effective date of this section, the commission shall commence hearings to restructure residential electric rates established pursuant to former section 6f of this act. The restructuring may be independent of any pending case for rate reductions or increases or may be included within any general rate case proceeding. The revenue impact of the restructured rates shall be included and recognized solely within the residential class of customers.
(2) Rates restructured pursuant to this section shall encourage residential energy conservation and shall be based upon cost of service and other relevant factors.
(3) The commission shall ensure that electric utilities do not penalize residential customers for billings which are for more than 31 days of service in any monthly billing period.
(4) The commission shall take steps necessary to inform the public of the advantages of conservation. In addition to requiring the total charges for service to be reflected on a residential customer's bill, the commission shall require electric utilities to print on each residential customer's bill the total amount of electricity used, the rate for each block used by the customer, and the total charge for each block of electrical usage by the customer. All costs incurred by the electric utilities in carrying out the requirements of this subsection shall be included in the cost to serve the residential customer.
(5) This section shall apply only to electric utilities serving more than 200,000 residential customers in this state.
History:
Add. 1984, Act 49, Imd. Eff. Apr. 12, 1984
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.6p - Rates Subject to Electric Transmission Line Certification Act.

460.6p Rates subject to electric transmission line certification act.
Sec. 6p.
The rates of an electric utility are subject to the electric transmission line certification act.
History:
Add. 1995, Act 32, Imd. Eff. May 17, 1995
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.6u - Study; Review of Performance-Based Regulation Systems; Report; Authority of Commission.

460.6u Study; review of performance-based regulation systems; report; authority of commission.
Sec. 6u.
(1) Not later than 90 days after the effective date of the amendatory act that added this section, the commission shall commence a study in collaboration with representatives of each customer class, utilities whose rates are regulated by the commission, and other interested parties regarding performance-based regulation, under which a utility's authorized rate of return would depend on the utility achieving targeted policy outcomes.
(2) In the study required under this section, the commission shall review performance-based regulation systems that have been implemented in another state or country, including, but not limited to, the RIIO (revenue = incentives + innovation + outputs) model utilized in the United Kingdom.
(3) In reviewing various performance-based regulation systems, the commission shall evaluate, but not be limited to, all of the following factors:
(a) Methods for estimating the revenue needed by a utility during a multiyear pricing period, and a fair return, that uses forecasts of efficient total expenditures by the utility instead of distinguishing between operating and capital costs.
(b) Methods to increase the length of time between rate cases, to provide utilities with more opportunity to retain cost savings without the threat of imminent rate adjustments, and to encourage utilities to make investments that have extended payback periods.
(c) Options for establishing incentives and penalties that pertain to issues such as customer satisfaction, safety, reliability, environmental impact, and social obligations.
(d) Profit-sharing provisions that can spread efficiency gains among consumers and utility shareholders and can reduce the degree of downside risk associated with attempts at innovation.
(4) Not later than 1 year after the effective date of the amendatory act that added this section, the commission shall report and make recommendations in writing to the legislature and governor based on the result of the study conducted under this section.
(5) This section does not limit the commission's authority to authorize performance-based regulation.
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 460.6x - Repealed. 2023, Act 229, Eff. Feb. 13, 2024.

460.6x Repealed. 2023, Act 229, Eff. Feb. 13, 2024.
Compiler's Notes:
The repealed section pertained to the authorization of a shared savings mechanism.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.6z - Discontinuing Utility Service to Geographic Area; Abandonment Application; Proposal to Retire Electric Generating Plant; Proposal to Revise Existing Load Balancing Authority.

460.6z Discontinuing utility service to geographic area; abandonment application; proposal to retire electric generating plant; proposal to revise existing load balancing authority.
Sec. 6z.
(1) A covered utility shall not discontinue utility service to a geographic area that the covered utility serves without first filing an abandonment application with the commission and obtaining approval from the commission to discontinue that service after notice and a contested case proceeding. The commission shall not approve any abandonment application filed under this section unless the commission determines that there is clear and convincing evidence that all affected customers would have access to affordable, reliable, and safe utility service from an alternative source. A covered utility does not have to file an abandonment application under this section if utility service is being discontinued to a specific parcel or parcels to enable another covered utility to provide service that the other covered utility is legally permitted to provide. As used in this subsection, "covered utility" means any of the following:
(a) A cooperative electric utility subject to the commission's jurisdiction for its service area, distribution performance standards, and quality of service.
(b) A rural gas cooperative.
(c) An electric utility, natural gas utility, or steam utility subject to the commission's rate-making jurisdiction.
(2) Not less than 30 days after an electric utility files a proposal to retire an electric generating plant with a regional transmission organization, the utility shall provide that proposal in its entirety to the commission.
(3) Not less than 60 days before an electric utility applies to the operating reliability subcommittee of the North American Electric Reliability Corporation for approval of a proposal to revise an existing load balancing authority, the electric utility shall do both of the following:
(a) File with the commission a full and complete report of the proposed revision.
(b) Serve a copy of the report required to be filed with the commission under subdivision (a) on all other electric utilities in this state.
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 460.6aa - Commission; Public Meetings.

460.6aa Commission; public meetings.
Sec. 6aa.
(1) The commission shall annually conduct at least 4 public meetings, hearings, townhalls, or other opportunities for public engagement in areas geographically dispersed throughout this state. The commission shall set the time, place, and manner of opportunities for public engagement under this subsection to take comments from and encourage meaningful participation by low-income residential customers, residential customers who experience high energy burdens, and individuals and communities likely to be impacted by the outcome of commission proceedings. Any public meeting, hearing, townhall, or other opportunity for public engagement the commission is otherwise required by law to conduct may count toward fulfilling this requirement.
(2) Not later than June 1, 2024, the commission shall open a proceeding to consider options to expand opportunities for public engagement in its decision-making processes and procedures with respect to all of the following:
(a) The accessibility and transparency of the commission's decision-making processes.
(b) Opportunities for participation in the commission's decision-making processes, especially by low-income residential customers, residential customers that experience high energy burdens, and individuals and communities impacted by commission decisions.
(c) The responsiveness of commission decisions to community needs and priorities.
(3) Not later than June 1, 2024, the commission shall open a proceeding to investigate opportunities for improving the process by which it reviews applications filed under section 6a.
History:
Add. 2023, Act 231, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.7 - Railroad Labor Unions; Representatives; Right to Participate in Hearings.

460.7 Railroad labor unions; representatives; right to participate in hearings.
Sec. 7.
Any elected or designated representatives of a recognized labor organization in the railroad industry which has a fiduciary relationship with its members and the health or safety of whose members in the course of their employment is affected by any action or inaction of the public service commission (including any rule, practice or order of said commission) or is affected by the violation of any statute whose enforcement is within the jurisdiction of the public service commission, shall have the right to file complaints or petition and appeal and be heard and participate fully as a party in interest in any hearings or investigations conducted by the public service commission in connection therewith: Provided, That the services rendered by such elected or designated representative shall be part of his regular duties and responsibilities, and he shall receive for such services no special compensation or fee from such organization or any individual member or members thereof, and such representation is limited to matters pertaining to the health or safety of such members in the course of their employment. This provision shall in no way affect representation authorized by Act No. 162 of the Public Acts of 1966.
History:
Add. 1967, Act 89, Eff. Nov. 2, 1967
Former Law:
See section 7 of Act 3 of 1939, which was repealed by Act 267 of 1945.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.8 - Voluntary Associations; Hearings; Persons Entitled to Appear; Industrial Representative.

460.8 Voluntary associations; hearings; persons entitled to appear; industrial representative.
Sec. 8.
Any elected or designated representative of a voluntary association in the industry whose members have an economic interest in any matters covered by Act No. 254 of the Public Acts of 1933, as amended, being sections 475.1 to 479.49 of the Compiled Laws of 1948, shall have the right to appear and be fully heard and fully participate as a party of interest on behalf of his association only in any public hearing conducted by the public service commission relating to matters covered by Act No. 254 of the Public Acts of 1933, as amended, being sections 475.1 to 479.49 of the Compiled Laws of 1948. The same privilege shall be extended to an industrial representative; this section shall not be construed to affect in any way section 7 of this act as added by Act No. 89 of the Public Acts of 1967.
History:
Add. 1968, Act 140, Imd. Eff. June 11, 1968
Former Law:
See section 8 of Act 3 of 1939, which was repealed by Act 267 of 1945.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.9b - Alternative Gas Suppliers; Licensing Procedure; Maintenance of Office; Capabilities; Records; Tax Remittance.

460.9b Alternative gas suppliers; licensing procedure; maintenance of office; capabilities; records; tax remittance.
Sec. 9b.
(1) The commission shall issue orders establishing a licensing procedure for all alternative gas suppliers participating in any natural gas customer choice program approved by the commission. An alternative gas supplier shall not do business in this state without first receiving a license under this act.
(2) An alternative gas supplier shall maintain an office within this state.
(3) The commission shall assure that an alternative gas supplier doing business in this state has the necessary financial, managerial, and technical capabilities and require the supplier to maintain records that the commission considers necessary.
(4) The commission shall require an alternative gas supplier to collect and remit to state and local units of government all applicable users, sales, and use taxes if the natural gas utility is not doing so on behalf of the supplier.
History:
Add. 2002, Act 634, Imd. Eff. Dec. 23, 2002
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.9c - Customer on Active Duty in Military; Shut-Off Protection.

460.9c Customer on active duty in military; shut-off protection.
Sec. 9c.
(1) Except as otherwise provided by this section, a provider of electric or gas service shall not discontinue the service to the residence of a qualifying customer who has made a filing under this section.
(2) In addition to protection provided under the Michigan military act, 1967 PA 150, MCL 32.501 to 32.851, a qualifying customer may apply for shut-off protection for electric or gas service by notifying the provider that he or she is in need of assistance because of a reduction in household income as the result of a call to active duty status in the military.
(3) A provider of service may request verification of the call to active duty status from the qualifying customer.
(4) A qualifying customer may receive shut-off protection from the provider of service under this section for up to 90 days. Upon application to the provider, the provider may grant the qualifying customer 1 or more extensions.
(5) A qualifying customer receiving assistance under this section shall notify the provider of the end of the call to active duty status as soon as that status is known.
(6) Unless waived by the provider, the shut-off protection provided under this section does not void or limit the obligation of the qualifying customer to pay for electric or gas services received during the time of assistance.
(7) A provider shall do all of the following:
(a) Establish a repayment plan requiring minimum monthly payments that allows the qualifying customer to pay any past due amounts over a reasonable time period not to exceed 1 year.
(b) Provide a qualifying customer with information regarding any governmental, provider, or other assistance programs.
(c) Provide qualifying customers with access to existing information on ways to minimize or conserve their service usage.
(8) This section does not affect or amend any commission rules or orders pertaining to billing standards. If the terms and conditions under subsection (7)(a) are not followed by the qualifying customer, the provider may follow the procedures in the commission's rules on consumer standards and billing practices for electric and gas residential service.
(9) As used in this section, a "qualifying customer" means all of the following:
(a) A residential household where the income is reduced because the customer of record, or the spouse of the customer of record, is called to full-time active military service by the president of the United States or the governor of this state during a time of declared national or state emergency or war.
(b) Assistance is needed by the residential household to maintain electric and gas service.
(c) The residential household has notified the provider of the need for assistance and, if required, has provided verification of the call to active duty status.
History:
Add. 2003, Act 204, Imd. Eff. Nov. 26, 2003
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.9m - Service Shutoff Resulting in Death or Serious Injury; Notice to Commission; Investigation; Civil Action; "Provider" Defined.

460.9m Service shutoff resulting in death or serious injury; notice to commission; investigation; civil action; "provider" defined.
Sec. 9m.
(1) A provider shall notify the commission of any shutoff of service that results in death or serious injury. A provider shall supply to the commission any relevant information regarding the death or serious injury, including, but not limited to, the procedures followed during the shutoff.
(2) Upon notification or the commission's own motion, the commission may investigate any shutoff of service by a provider that results in death or serious injury. After completing its investigation, the commission may refer the matter to the attorney general for commencement of a civil action under section 9p.
(3) As used in this section, "provider" means a municipally owned electric or natural gas utility.
History:
Add. 2009, Act 154, Imd. Eff. Nov. 23, 2009
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.9o - Identification of Senior Citizen Customers; Methods; Compliance Within Certain Time Period; Extension; Definitions.

460.9o Identification of senior citizen customers; methods; compliance within certain time period; extension; definitions.
Sec. 9o.
(1) A provider shall, in the ordinary course of business, make efforts to identify senior citizen customers by at least 1 of the following methods:
(a) Conducting customer interviews.
(b) Obtaining information from a consumer reporting agency or consumer reporting service.
(c) A personal or automated telephone call where direct contact is made with a member of the customer's household or a message is recorded on an answering machine or voice mail.
(d) First-class mail.
(e) A personal visit to the customer.
(f) A written notice left at or on the customer's door.
(g) A bill insert.
(h) Any other method approved by the commission for regulated utilities.
(2) A provider shall comply with the requirements imposed in subsection (1) within 30 days after the effective date of the amendatory act that added this section. The provider's governing body may for good cause grant an extension to a provider for compliance with subsection (1).
(3) As used in this section:
(a) "Consumer reporting agency" means that term as defined in section 603 of the fair credit reporting act, 15 USC 1681a.
(b) "Provider" means a municipally owned electric or natural gas utility.
(c) "Senior citizen" means a provider customer who is 65 years of age or older.
History:
Add. 2009, Act 173, Imd. Eff. Dec. 15, 2009
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.9s - Postponement of Service Shutoff; Conditions; Definitions.

460.9s Postponement of service shutoff; conditions; definitions.
Sec. 9s.
(1) A provider shall postpone a shutoff of service for not more than 21 days if the customer or a member of the customer's household is a critical care customer or has a certified medical emergency. The customer's certification shall identify the medical condition, any medical or life-supporting equipment being used, and the specific time period during which the shutoff of service will aggravate the medical emergency. The provider shall extend the postponement for further periods of not more than 21 days, not to exceed a total postponement of shutoff of service of 63 days, only if the customer provides additional certification that the customer or a member of the customer's household is a critical care customer or has a certified medical emergency. If shutoff of service has occurred without any postponement being obtained, the provider shall restore service for not more than 21 days, and shall continue the restoration for further periods of not more than 21 days, not to exceed a total restoration of service of 63 days in any 12-month period per household member. Annually, a provider is not required to grant shutoff extensions totaling more than 126 days per household.
(2) As used in this section:
(a) "Critical care customer" means a customer who requires, or has a household member who requires, home medical equipment or a life-support system, and who has provided appropriate documentation from a physician or medical facility to the provider identifying the medical equipment or life-support system and certifying that an interruption of service would be immediately life-threatening.
(b) "Medical emergency" means an existing medical condition of the customer or a member of the customer's household, as defined and certified by a physician or public health official on official stationery or company-provided form, that will be aggravated by the lack of utility service.
(c) "Provider" means a municipally owned electric or natural gas utility.
History:
Add. 2009, Act 152, Imd. Eff. Nov. 23, 2009
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11) › Section 460.10 - MCL 460.10a to 460.10bb; Purpose.

460.10 MCL 460.10a to 460.10bb; purpose.
Sec. 10.
The purpose of sections 10a through 10bb is to do all of the following:
(a) To ensure that all persons in this state are afforded safe, reliable electric power at a competitive rate.
(b) To improve the opportunities for economic development in this state and to promote financially healthy and competitive utilities in this state.
(c) To maintain, foster, and encourage robust, reliable, and economic generation, distribution, and transmission systems to provide this state's electric suppliers and generators an opportunity to access regional sources of generation and wholesale power markets and to ensure a reliable supply of electricity in this state.
History:
Add. 2000, Act 141, Imd. Eff. June 5, 2000 ;-- Am. 2008, Act 286, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 341, Eff. Apr. 20, 2017
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 460.10b - Rates, Terms, and Conditions of New Technologies; Application to Unbundle Existing Rate Schedules; Providing Reliable and Lower Cost Competitive Rates; Standby Generation Service; Identification of Retail Market Prices.

460.10b Rates, terms, and conditions of new technologies; application to unbundle existing rate schedules; providing reliable and lower cost competitive rates; standby generation service; identification of retail market prices.
Sec. 10b.
(1) The commission shall establish rates, terms, and conditions of electric service that promote and enhance the development of new generation, transmission, and distribution technologies.
(2) No later than 1 year from June 5, 2000, each electric utility shall file an application with the commission to unbundle its existing commercial and industrial rate schedules and separately identify and charge for their discrete services. No earlier than 1 year from June 5, 2000, the commission may order the electric utility to file an application to unbundle existing residential rate schedules. The commission may allow the unbundled rates to be expressed on residential billings in terms of percentages in order to simplify residential billing. The commission shall allow recovery by electric utilities of all just and reasonable costs incurred by electric utilities to implement and administer the provisions of this subsection.
(3) The orders issued under this act shall include, but are not limited to, the providing of reliable and lower cost competitive rates for all customers in this state.
(4) An electric utility is obligated, with commission oversight, to provide standby generation service for open access load on a best efforts basis until December 31, 2001 or the date established under section 10d(2) as it existed prior to the effective date of the amendatory act that added this sentence, whichever is later. The pricing for the electric generation standby service is equal to the retail market price of comparable standby service allowed under subsection (5). An electric utility is not required to interrupt firm off-system sales or firm service customers to provide standby generation service. Until the date established under section 10d(2) as it existed prior to the effective date of the amendatory act that added this sentence, standby generation service shall continue to be provided to nonopen access customers under regulated tariffs.
(5) The methodology for identifying the retail market price for electric generation service to be applied under this section shall be determined by the commission based upon market indices commonly relied upon in the electric generation industry, adjusted as appropriate to reflect retail market prices in the relevant market.
History:
Add. 2000, Act 141, Imd. Eff. June 5, 2000 ;-- Am. 2008, Act 286, Imd. Eff. Oct. 6, 2008
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 460.10e - Connection of Merchant Plants to Transmission and Distribution Systems; Finding of Prevention or Delay; Remedies; Merchant Plant; Standards; Exception.

460.10e Connection of merchant plants to transmission and distribution systems; finding of prevention or delay; remedies; merchant plant; standards; exception.
Sec. 10e.
(1) An electric utility shall take all necessary steps to ensure that merchant plants are connected to the transmission and distribution systems within their operational control. If the commission finds, after notice and hearing, that an electric utility has prevented or unduly delayed the ability of the plant to connect to the facilities of the utility, the commission shall order remedies designed to make whole the merchant plant, including, but not limited to, reasonable attorney fees. The commission may also order fines of not more than $50,000.00 per day that the electric utility is in violation of this subsection.
(2) A merchant plant may sell its capacity to alternative electric suppliers, electric utilities, municipal electric utilities, retail customers, or other persons. A merchant plant making sales to retail customers is an alternative electric supplier and shall obtain a license under section 10a(2).
(3) The commission shall establish standards for the interconnection of merchant plants with the transmission and distribution systems of electric utilities. The standards shall not require an electric utility to interconnect with generating facilities with a capacity of less than 100 kilowatts for parallel operations. The standards shall be consistent with generally accepted industry practices and guidelines and shall be established to ensure the reliability of electric service and the safety of customers, utility employees, and the general public. The merchant plant will be responsible for all costs associated with the interconnection unless the commission has otherwise allocated the costs and provided for cost recovery.
(4) This section does not apply to interconnections or transactions that are subject to the jurisdiction of the federal energy regulatory commission.
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 460.10g - Definitions; School Properties.

460.10g Definitions; school properties.
Sec. 10g.
(1) As used in sections 10 through 10bb:
(a) "Alternative electric supplier" means a person selling electric generation service to retail customers in this state. Alternative electric supplier does not include a provider of electric vehicle charging services or a person who physically delivers electricity directly to retail customers in this state. An alternative electric supplier is not a public utility.
(b) "Commission" means the Michigan public service commission created in section 1.
(c) "Electric utility" means that term as defined in section 10h.
(d) "Independent transmission owner" means an independent transmission company as that term is defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562.
(e) "Merchant plant" means electric generating equipment and associated facilities with a capacity of more than 100 kilowatts located in this state that are not owned and operated by an electric utility.
(f) "Relevant market" means either the Upper Peninsula or the Lower Peninsula of this state.
(g) "Renewable energy source" means energy generated by solar, wind, geothermal, biomass, including waste-to-energy and landfill gas, or hydroelectric.
(2) A school district aggregating electricity for school properties or an exclusive aggregator for public or private school properties is not an electric utility or a public utility for the purpose of that aggregation.
History:
Add. 2000, Act 141, Imd. Eff. June 5, 2000 ;-- Am. 2001, Act 48, Imd. Eff. July 23, 2001 ;-- Am. 2008, Act 286, Imd. Eff. Oct. 6, 2008 ;-- Am. 2023, Act 245, Imd. Eff. Nov. 30, 2023
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 460.10j - Securitization Property; Rights and Interests.

460.10j Securitization property; rights and interests.
Sec. 10j.
(1) Securitization property shall consist of the rights and interests of an electric utility, or its successor, under a financing order, including without limitation all of the following:
(a) The right to impose, collect, and receive securitization charges authorized in the financing order in an amount necessary to provide the full recovery of all qualified costs.
(b) The right under the financing order to obtain periodic adjustments of securitization charges under section 10k(3).
(c) All revenue, collections, payments, money, and proceeds arising out of the rights and interests described under this subsection.
(2) Securitization property shall constitute a present property right even though the imposition and collection of securitization charges depends on the further acts of the electric utility or others that have not yet occurred. The rights of an electric utility to securitization property before its sale to any assignee shall be considered a property interest in a contract. The financing order shall remain in effect and the securitization property shall continue to exist until the commission approved securitization bonds and expenses related to the bonds have been paid in full.
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 460.10k - Financing Order; Effect in Connection With Bankruptcy.

460.10k Financing order; effect in connection with bankruptcy.
Sec. 10k.
(1) The interest of an assignee or pledgee in securitization property and in the revenues and collections arising from that property are not subject to setoff, counterclaim, surcharge, or defense by the electric utility or any other person or in connection with the bankruptcy of the electric utility or any other entity. A financing order shall remain in effect and unabated notwithstanding the bankruptcy of the electric utility, its successors, or assignees.
(2) A financing order shall include terms ensuring that the imposition and collection of securitization charges authorized in the order are a nonbypassable charge.
(3) A financing order shall include a mechanism requiring that securitization charges be reviewed and adjusted by the commission at least annually, within 45 days of the anniversary date of the issuance of the securitization bonds, to correct any overcollections or undercollections of the preceding 12 months and to ensure the expected recovery of amounts sufficient to timely provide all payments of debt service and other required amounts and charges in connection with the securitization bonds.
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 460.10l - Agreement to Transfer Securitization Property as True Sale.

460.10l Agreement to transfer securitization property as true sale.
Sec. 10l.
(1) An agreement by an electric utility or assignee to transfer securitization property that expressly states that the transfer is a sale or other absolute transfer signifies that the transaction is a true sale and is not a secured transaction and that title, legal and equitable, has passed to the entity to which the securitization property is transferred.
(2) A true sale under this section applies regardless of whether the purchaser has any recourse against the seller, or any other term of the parties' agreement, including the seller's retention of an equity interest in the securitization property, the fact that the electric utility acts as a collector of securitization charges relating to the securitization property, or the treatment of the transfer as a financing for tax, financial reporting, or other purposes.
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 460.10n - Securitization Bonds; State Pledge of Certain Conduct.

460.10n Securitization bonds; state pledge of certain conduct.
Sec. 10n.
(1) Securitization bonds are not a debt or obligation of the state and are not a charge on its full faith and credit or taxing power.
(2) The state pledges, for the benefit and protection of the financing parties and the electric utility, that it will not take or permit any action that would impair the value of securitization property, reduce or alter, except as allowed under section 10k(3), or impair the securitization charges to be imposed, collected, and remitted to financing parties, until the principal, interest and premium, and any other charges incurred and contracts to be performed in connection with the related securitization bonds have been paid and performed in full. Any party issuing securitization bonds is authorized to include this pledge in any documentation relating to those bonds.
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 460.10o - Securitization Bond; Direct Interest in Acquisition, Ownership, and Disposition Not Used in Determining Tax; Obligations of Electric Utility Successor; Assignee or Financing Party as Public Utility.

460.10o Securitization bond; direct interest in acquisition, ownership, and disposition not used in determining tax; obligations of electric utility successor; assignee or financing party as public utility.
Sec. 10o.
(1) The acquisition, ownership, and disposition of any direct interest in any securitization bond shall not be taken into account in determining whether a person is subject to any income tax, franchise tax, business activities tax, intangible property tax, excise tax, stamp tax, or any other tax imposed by this state or any agency or political subdivision of this state.
(2) Any successor to an electric utility, whether pursuant to any bankruptcy, reorganization, or other insolvency proceeding or pursuant to any merger or acquisition, sale or transfer, by operation of law, as a result of electric utility restructuring or otherwise, shall perform and satisfy all obligations of the electric utility under the amendatory act that added this section in the same manner and to the same extent as the electric utility, including, but not limited to, collecting and paying to the person entitled to revenues with respect to the securitization property.
(3) An assignee or financing party shall not be considered to be a public utility or person providing electric service solely by virtue of the transactions described in this act.
History:
Add. 2000, Act 142, Imd. Eff. June 5, 2000 ;-- Am. 2007, Act 180, Imd. Eff. Dec. 21, 2007
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 460.10s - Low-Income and Energy Assistance Programs; Availability of Federal Funds.

460.10s Low-income and energy assistance programs; availability of federal funds.
Sec. 10s.
The commission shall monitor the extent to which federal funds are available for low-income and energy assistance programs. If there is a reduction in the amount of the federal funds available to residents in this state, the commission shall conduct a hearing to determine the amount of funds available and the need, if any, for supplemental funding. Upon completion of the hearing, the commission shall prepare a report and submit it to the governor and the legislature.
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 460.10u - Report.

460.10u Report.
Sec. 10u.
The commission shall compile a report by February 1 of each year that shall be posted on the commission's internet website and disseminated by any other means that the commission determines will properly notify the citizens of this state. A copy of the report shall be provided to the governor and the legislature. The report shall include all of the following:
(a) The status of competition for the supplying of electricity in this state.
(b) Recommendations for legislation, if any.
(c) Actions taken by the commission to implement measures necessary to protect consumers from unfair or deceptive business practices by utilities, alternative electric suppliers, and other market participants.
(d) Information regarding consumer education programs, approved by the commission, to inform consumers of all relevant information regarding the purchase of electricity and related services from alternative electric suppliers.
History:
Add. 2000, Act 141, Imd. Eff. June 5, 2000 ;-- Am. 2011, Act 274, Imd. Eff. Dec. 20, 2011
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 460.10v - Joint Plan to Expand Available Transmission Capability.

460.10v Joint plan to expand available transmission capability.
Sec. 10v.
(1) Electric utilities serving more than 100,000 retail customers in this state shall file, by January 1, 2001, a joint plan with the commission detailing measures to permanently expand, within 2 years of the effective date of this section, the available transmission capability by at least 2,000 megawatts over the available transmission capability in place as of January 1, 2000.
(2) The joint plan shall detail all actions including additional facilities required, the proposed schedule for accomplishing the actions, the cost of the actions, and the proposed ratemaking treatment for the costs. The joint plan shall also identify all actions and facilities that are required of other transmission owners, including out-of-state entities, to accommodate the actions described in the joint plan.
(3) The commission may order modifications to the joint plan to make it consistent with this act. If the electric utilities are unable to agree upon a joint plan to meet the requirements of this act, the commission shall conduct a hearing to establish a joint plan. The commission shall authorize recovery from benefitting customers of all reasonable and prudent costs incurred by transmission owners for authorized actions taken and facilities installed to meet the requirements of this section that are not recovered through FERC transmission rates.
(4) If an electric utility or an affiliate that is the owner of the transmission assets is denied cost recovery of the reasonable and prudent costs expended to implement the joint plan, then the electric utility or affiliate shall have no further obligation to implement the joint plan. If an electric utility or its affiliate is subsequently granted cost recovery, then the obligation to implement the original joint plan is required. If cost recovery of the reasonable and prudent costs of implementing the joint plan is denied, an electric utility or its affiliate shall develop a new joint plan as provided under this section.
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 460.10w - Investor-Owned Electric Utility; Ferc Approval.

460.10w Investor-owned electric utility; FERC approval.
Sec. 10w.
(1) Each investor-owned electric utility in this state shall, at the utility's option, either join a FERC approved multistate regional transmission system organization or other FERC approved multistate independent transmission organization or divest its interest in its transmission facilities to an independent transmission owner.
(2) An investor-owned electric utility that is party to a legitimate filing that was pending before the FERC on December 31, 2001 which is seeking FERC approval of a proposed multistate regional transmission system organization shall be considered to be in compliance with this section. Subsection (3) shall apply if FERC rejects a pending filing or if the electric utility withdraws from the filing or from a regional transmission system organization. This section does not provide guidance to FERC with respect to any pending filing.
(3) If an electric utility has not complied with this section by December 31, 2001, the commission shall direct the electric utility to join a FERC approved multistate regional transmission system organization selected by the commission.
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 460.10x - Cooperative Electric Utility; Requirements.

460.10x Cooperative electric utility; requirements.
Sec. 10x.
(1) Any retail customer of a cooperative with a peak load of 1 megawatt or greater shall be provided the opportunity to choose an alternative electric supplier subject to the provisions in section 10a.
(2) The commission shall not require a cooperative electric utility or an independent investor-owned utility with fewer than 60 employees to maintain separate facilities, operations, or personnel, used to deliver electricity to retail customers, provide retail electric service, or to be an alternative electric supplier.
(3) Any debt service recovery charge, or other charge approved by the commission for a cooperative electric utility serving primarily at wholesale may, upon application by its member cooperative or cooperatives, be assessed by and collected through its member cooperative or cooperatives.
(4) The commission shall not prohibit a cooperative electric utility from metering and billing its customers for electric services provided by the cooperative electric utility.
History:
Add. 2000, Act 141, Imd. Eff. June 5, 2000 ;-- Am. 2008, Act 286, Imd. Eff. Oct. 6, 2008
Popular Name:
Customer Choice and Electricity Reliability Act