in Re App of Consumers Energy Co for Reconciliation of 2009 Costs

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 5, 2015 Robert P. Young, Jr., Chief Justice

150395 Stephen J. Markman Mary Beth Kelly Brian K. Zahra

Bridget M. McCormack

David F. Viviano

In re Application of CONSUMERS ENERGY Richard H. Bernstein, COMPANY for Reconciliation of 2009 Costs Justices

__________________________________________

TES FILER CITY STATION LIMITED PARTNERSHIP, Appellant,

v SC: 150395 COA: 305066 Public Service Commission:

CONSUMERS ENERGY COMPANY, 00-015675 Petitioner-Appellee,

and MICHIGAN PUBLIC SERVICE COMMISSION and ATTORNEY GENERAL, Appellees.

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On order of the Court, the application for leave to appeal the September 25, 2014 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing when the Michigan Department of Environmental Quality’s administrative rules requiring generators to purchase NOx allowances were “implemented,” as that term is used in MCL 460.6a(8). The parties should not submit mere restatements of their application papers.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 5, 2015

t0602

Clerk