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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.

May 2016
May 27, 2016

COA holds that power companies have an obligation to reasonably inspect and maintain power lines

In Estate of Catherine Skidmore v. Consumers Energy Company No. 323757, the Michigan Court of Appeals reaffirmed a Michigan Supreme Court holding that power companies have an obligation to reasonably inspect and repair wires, and that duty involves more than remedying defective conditions brought to their attention. Schultz v Consumers Power Co. 443 Mich 445; 506 NW2d 175 (1993). Moreover, the Court held that rescuers are foreseeable, and a reasonable rescue attempt will not make the rescuer comparatively negligent if they voluntarily put themselves at an increased risk of harm to save another.  Finally, the Court held that only the owner of a subject property may assert that their duty is limited by the open and obvious doctrine.

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