in Re App of Intl Transmission Co for Expedited Siting Cert

• Court: Michigan Supreme Court
• Decided: March 27, 2013
• Docket: 146383
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

March 27, 2013 Robert P. Young, Jr., Chief Justice

146383-4 & (55)(58) Michael F. Cavanagh Stephen J. Markman ____________________________________ Mary Beth Kelly Brian K. Zahra In re APPLICATION OF INTERNATIONAL Bridget M. McCormack TRANSMISSION COMPANY FOR David F. Viviano, EXPEDITED SITING CERTIFICATE Justices ____________________________________ ASSOCIATION OF BUSINESSES ADVOCATING TARIFF EQUITY, Appellant/Cross-Appellee, v SC: 146383 COA: 303009 Public Service Commission: MICHIGAN PUBLIC SERVICE 00-016200 COMMISSION, Appellee, and INTERNATIONAL TRANSMISSION COMPANY, d/b/a ITC TRANSMISSION, Petitioner-Appellee/ Cross-Appellant, and CONSUMERS ENERGY COMPANY, MICHIGAN PUBLIC POWER AGENCY, and MICHIGAN MUNICIPAL ELECTRIC ASSOCIATION, Appellees. ____________________________________/ MICHIGAN PUBLIC POWER AGENCY and MICHIGAN MUNICIPAL ELECTRIC ASSOCIATION, Appellees, SC: 146384 v COA: 303040 Public Service Commission: 00-016200 2

MICHIGAN PUBLIC SERVICE COMMISSION, Appellee, and INTERNATIONAL TRANSMISSION COMPANY, d/b/a ITC TRANSMISSION, Petitioner-Appellee/ Cross-Appellant, and CONSUMERS ENERGY COMPANY Appellee, and ASSOCIATION OF BUSINESSES ADVOCATING TARIFF EQUITY, Appellant/Cross-Appellee. ____________________________________/

On order of the Court, the joint motion for immediate consideration is GRANTED. The application for leave to appeal the November 6, 2012 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE, in part, the judgment of the Court of Appeals. The Michigan Public Service Commission correctly determined that issuance of an expedited siting certificate under 2008 PA 295 carries with it authorization to construct the transmission line that is the subject of the certificate. The Court of Appeals clearly erred in determining that Const 1963, art 4, § 25 would be violated if 2008 PA 295 authorizes such construction because 2008 PA 295 was enacted without re-enacting and publishing 1995 PA 30, which generally governs construction of electric transmission lines. 2008 PA 295, and particularly Part 4 of the act, provides a comprehensive legislative scheme for issuing expedited siting certificates, and clearly intends construction of approved transmission lines. Because 2008 PA 295 is an act complete in itself, Const 1963, art 4, § 25 is not violated. See Alan v Wayne County, 388 Mich 210, 276-277 (1972), and People v Mahaney, 13 Mich 481, 496-497 (1865). In all other respects, the applications are DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

I, Corbin R. Davis, 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. March 27, 2013 _________________________________________ h0320 Clerk