in Re Application of Indiana Michigan Power Co Cert of Necessity

• Court: Michigan Supreme Court
• Decided: September 25, 2015
• Docket: 150558
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

September 25, 2015 Robert P. Young, Jr., Chief Justice

150558 Stephen J. Markman Mary Beth Kelly Brian K. Zahra _________________________________________ Bridget M. McCormack David F. Viviano In re Application of Indiana Michigan Power Richard H. Bernstein, Company for a Certificate of Necessity Justices _________________________________________ ATTORNEY GENERAL, Appellant, v SC: 150558 COA: 314979 MPSC: 00-017026 MICHIGAN PUBLIC SERVICE COMMISSION, Appellee, and INDIANA MICHIGAN POWER COMPANY, Petitioner-Appellee, and MICHIGAN ENVIRONMENTAL COUNCIL, Appellee.

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On order of the Court, the application for leave to appeal the October 21, 2014 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE only the Court of Appeals statement that: “Since the term [singular] is subject to two interpretations, it is ambiguous and judicial construction is required to effectuate Legislative intent.” This definition of ambiguity is not correct. A provision of law is ambiguous only if it “irreconcilably conflict[s]” with another provision or “when it is equally susceptible to more than a single meaning.” Mayor of Lansing v MPSC, 470 Mich 154, 166 (2004). However, the Court of Appeals correctly considered the statutory context to assess the meaning of the term. Koontz v Ameritech Services, Inc, 466 Mich 304, 318 (2002). In all other respects, leave to appeal is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

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. September 25, 2015 p0922 Clerk