There is a newer version of the Michigan Compiled Laws
2006 Michigan Compiled Laws - Act 3 of 1939
| AN ACT to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts.
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| Document | Description |
| Section 460.1 | Public service commission; creation; members, appointment, qualifications, terms, vacancies. |
| Section 460.2 | Public service commission; oath, chairman, removal, quorum, seal, offices. |
| Section 460.3 | Public service commission; salary and expenses of members; appointment of secretary, deputies, clerks, assistants, inspectors, heads of divisions, and employees; payment of salaries and expenses; employment and compensation of engineers and experts; actual and necessary expenses; duties. |
| Section 460.4 | Michigan public service commission; rights, privileges, and jurisdiction; meaning of certain references; review of order or decree. |
| Section 460.5 | Public service commission; books, records, files. |
| Section 460.5a | Annual report. |
| Section 460.6 | Public service commission; power and jurisdiction; "private, investor-owned wastewater utilities" defined. |
| Section 460.6a | Gas or electric utility; petition or application to increase rates and charges or to amend rate or rate schedules; notice and hearing; finding and order granting partial and immediate relief; investigation and report; increase in rates based upon changes in cost of fuel or purchased gas; automatic fuel or purchased gas adjustment clause; rules and procedures; adjustment clauses operating without notice and hearing abolished; separate hearing to determine cost of fuel, purchased gas, or purchased power; recovery of cost; "full and complete hearing" and "general rate case" defined; final decision; reports. |
| Section 460.6b | Gas utility rates based upon cost of purchased natural gas; authority of commission; acceptance of employment with utility by member of legislature. |
| Section 460.6c | Energy conservation programs, including energy conservation loan programs, for residential customers of electric and gas utilities; approval; costs; conservation devices, services, and materials; cost benefit information; cost of personally installing insulation; rules; public utility as licensed contractor; accepting application for loan or making loan after certain date prohibited. |
| Section 460.6d | Owner of renewable resource power production facility; exemption from regulation and control of public service commission; definition. |
| Section 460.6e | Impact of § 460.6d; review and evaluation; public hearing; notice; report. |
| Section 460.6f | Repealed. 1984, Act 49, Imd. Eff. Apr. 12, 1984. |
| Section 460.6g | Definitions; regulation of rates, terms, and conditions of attachments by attaching parties; hearing; authorization; applicable procedures. |
| Section 460.6h | Incorporation of gas cost recovery clause in rate or rate schedule of gas utility; definitions; order and hearing; filing gas cost recovery plan and 5-year forecast; gas supply and cost review; final or temporary order; incorporating gas cost recovery factors in rates; filing revised gas cost recovery plan; reopening gas supply and cost review; monthly statement of revenues; gas cost reconciliation; commission order; refunds, credits, or additional charges to include interest; apportionment; exemption; setting gas cost recovery factors in general rate case order. |
| Section 460.6i | Initial gas cost recovery plan; filing; alteration of rate schedule in accordance with existing purchased gas adjustment clause; charges in excess of base rates; revenues subject to existing reconciliation proceedings; purchased gas revenues subject to annual reconciliation; procedures; adjustment of rates pending approval or disapproval of gas cost recovery clause in final commission order. |
| Section 460.6j | Incorporation of power supply cost recovery clause in electric rates or rate schedule of utility; definitions; order and hearing; filing power supply cost recovery plan and 5-year forecast; power supply and cost review; final or temporary order; incorporating power supply cost recovery factors in rates; filing revised power supply cost recovery plan; reopening power supply and cost review; monthly statement of revenues; power supply cost reconciliation; commission order; refunds or credits or additional charges to customers; apportionment; interest; exemption; setting power supply cost recovery factors in general rate case order. |
| Section 460.6k | Initial power supply cost recovery plan; filing; alteration of rate schedule in accordance with adjustment clause; charges in excess of base rate; revenues subject to existing reconciliation proceedings; revenues resulting from certain adjustment clauses subject to existing reconciliation proceedings; revenues subject to annual reconciliation; procedures; lag correction provision; adjustment of rates pending approval or disapproval of power supply cost recovery clause. |
| Section 460.6 | Insuring equitable representation of interests of energy utility customers; definitions; utility consumer participation board; creation; powers and duties; number and appointment of members; "utility" defined; member requirements; terms; vacancy; removal of member; meetings; quorum; election of chairperson and vice-chairperson; conducting business of board at public meeting; public notice; availability of writings to public; expense reimbursement and remuneration; limits; temporary administrator of fund. |
| Section 460.6m | Utility consumer representation fund; creation as special fund; investment and release of money; remittances by energy utility; factor; action for recovery of disputed amount; action on application for energy cost recovery proceedings; conditions; acceptance of gift or grant; payment of operating costs and expenses; net grant proceeds to finance grant program; application; form; consideration; encouraging representation of different consumer interests; criteria; inviting applicants to file jointly and awarding grant to be managed cooperatively; disbursements; notice of availability of fund; use of annual receipts and interest; retention of certain amounts; conditions applicable to grants; reports; reviewing relationship between costs and benefits. |
| 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. |
| Section 460.6o | Definitions; power purchase agreements for purchase of capacity and energy from resource recovery facilities; rates, charges, terms, and conditions of service; scrap tire; applicability of section; dispute provisions; filing agreement; commencement of contested case proceeding; approval of agreement; energy rate component; capacity rate component; determination of reserve margin, reserve capacity, or other resource capability measurement; annual accounting. |
| Section 460.6p | Rates subject to electric transmission line certification act. |
| Section 460.7 | Railroad labor unions; representatives; right to participate in hearings. |
| Section 460.8 | Voluntary associations; hearings; persons entitled to appear; industrial representative. |
| Section 460.9 | Definitions; customer switched to alternative gas supplier or natural gas utility; prohibitions; standards; rules; violation; remedies and penalties. |
| Section 460.9b | Alternative gas suppliers; licensing procedure; maintenance of office; capabilities; records; tax remittance. |
| Section 460.9c | Customer on active duty in military; shut-off protection. |
| Section 460.10 | §§ 460.10 to 460.10bb; title of sections; purpose; applicability after January 1, 2002. |
| Section 460.10a | Alternative electric suppliers; orders establishing rates, terms, and conditions of service; licensing procedure; switching or billing for services without consent; code of conduct; appliance service program; orders issued before June 5, 2000; self-service power; affiliate wheeling; rights of parties to existing contracts and agreements; true-up adjustment; determination of net stranded costs; securitization charges; rates of returning customers. |
| 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. |
| Section 460.10c | Determination of noncompliance; order of remedies and penalties; conduct of contested case; violation as unintentional and bona fide error; finding of frivolous complaint. |
| Section 460.10d | Electric utility with 1,000,000 or more retail customers; rates; recovery of costs; utility using securitization financing; compliance with federal rules, regulations, and standards; security recovery factor; protective orders; definitions. |
| Section 460.10e | Connection of merchant plants to transmission and distribution systems; finding of prevention or delay; remedies; merchant plant; standards; exception. |
| Section 460.10f | Generation capacity in excess of utility's retail sales load; determination of total generating capacity; market power mitigation plan; application; approval; requirements of independent brokering trustee; report to governor and legislature. |
| Section 460.10g | Definitions; school properties. |
| Section 460.10h | Definitions. |
| Section 460.10i | Financing order; recovery of qualified costs; conditions; amount; limitation on period for recovery of securitization charges; financing order as effective and irrevocable; evidence of indebtedness; time period to issue or reject; rehearing; appeal; retiring and refunding securitization bonds; retention of financial or legal services by commission. |
| Section 460.10j | Securitization property; rights and interests. |
| Section 460.10k | Financing order; effect in connection with bankruptcy. |
| Section 460.10 | Agreement to transfer securitization property as true sale. |
| Section 460.10m | Lien and security interest; creation; changes in order or charges attachment; perfection; priority; sequestration and payment of revenues. |
| Section 460.10n | Securitization bonds; state pledge of certain conduct. |
| 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. |
| Section 460.10p | Establishment of industry worker transition program; adoption of service quality and reliability standards; compliance report; analysis of data; incentives and penalties. |
| Section 460.10q | Alternative electric supplier; license requirements. |
| Section 460.10r | Dissemination of disclosures, explanations, or sales information; establishment of Michigan renewables energy program. |
| Section 460.10s | Low-income and energy assistance programs; availability of federal funds. |
| Section 460.10t | Shut off of service; conditions; procedures; definitions. |
| Section 460.10u | Report to governor and legislature. |
| Section 460.10v | Joint plan to expand available transmission capability. |
| Section 460.10w | Investor-owned electric utility; FERC approval. |
| Section 460.10x | Cooperative electric utility; requirements. |
| Section 460.10y | Municipally owned utility; requirements. |
| Section 460.10z | Provisions of act as severable. |
| Section 460.10aa | Impairment of contractual rights under existing contract. |
| Section 460.10bb | Aggregation; use; definition. |
| Section 460.10cc | Provisions as severable; certain rate reductions as void. |
Disclaimer: These codes may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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