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One Court of Justice Blog

May 2017
May 30, 2017

MSC holds municipal corporations that have not consented to MPSC jurisdiction are not subject to the MPSC’s first entitlement rule

In the consolidated cases City of Holland v. Consumers Energy Co., No. 151053, and City of Coldwater v. Consumers Energy Co., No. 151051, the Michigan Supreme Court held that a utility’s right to first entitlement, which gives the first utility company serving a facility the right to provide for the entire load to the customer, does not apply to municipally owned utilities that have not consented to the Michigan Public Service Commission’s (“MPSC”)  jurisdiction. Furthermore, the Court held that customers may receive electric utility services from municipal corporations provided that the customer is not currently receiving services from another utility.

Apr 2017
April 11, 2017

MSC grants MOAA on whether 60-day appeal period applies to challenges of permits to install control devices

The Michigan Supreme Court has granted mini-oral argument in South Dearborn Environmental Improvement Association Inc. v. Department of Environmental Quality, No. 326485 on the questions of (1) whether MCL 324.5505(8) and MCL 324.5506(14) prescribe the applicable time period for filing a petition for judicial review of the Department of Environmental Quality’s (“DEQ”) issuance of a permit to install control equipment, and (2) if not, whether the issuance of that permit was a decision of that agency subject to the contested case provisions of the Administrative Procedures Act, such that the 60-day period for filing a petition for judicial review set forth in MCR 7.119 applies.

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