in Re Application of Detroit Edison Co to Increase Rates

• Court: Michigan Supreme Court
• Decided: March 29, 2013
• Docket: 145750
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

March 29, 2013 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 145750 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack In re Application of The Detroit Edison Company David F. Viviano, to Increase Rates Justices

_________________________________________ ASSOCIATION OF BUSINESSES ADVOCATING TARIFF EQUITY, Appellant, v SC: 145750 COA: 302110 MPSC No: 00-016384 MICHIGAN PUBLIC SERVICE COMMISSION, Appellee, and THE DETROIT EDISON COMPANY, Petitioner-Appellee. _________________________________________/

On order of the Court, the application for leave to appeal the July 26, 2012 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether the Court of Appeals erred in concluding that MCL 460.6a(1) is subject to “reasonable but differing interpretations” and therefore ambiguous, see Mayor of Lansing v Public Service Comm, 470 Mich 154, 166 (2004) (ambiguity arises where a provision of the law “‘irreconcilably conflict[s]’ with another provision . . . or where it is equally susceptible to more than a single meaning”), citing Klapp v United Ins Group Agency, 468 Mich 459, 467 (2003); and (2) whether MCL 460.6a(1) requires that a refund to primary customers required after a utility implements increased rates or charges under that subsection be allocated to each primary customer that was over-charged on the basis of the amount paid by each primary customer.

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 29, 2013 _________________________________________ d0326 Clerk