Ass'n of Businesses Advocating Tariff Equity v. Consumers Energy Co. (In Re Reliability Plans of Electric Utilities for 2017-2021) ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
June 21, 2019 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
158307-8
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
In re RELIABILITY PLANS OF ELECTRIC Elizabeth T. Clement
Megan K. Cavanagh,
UTILITIES FOR 2017-2021. Justices
______________________________________
ASSOCIATION OF BUSINESSES
ADVOCATING TARIFF EQUITY,
Appellee,
SC: 158307
v COA: 340600
MPSC: 00-018197
MICHIGAN PUBLIC SERVICE
COMMISSION,
Appellant,
and
CONSUMERS ENERGY COMPANY,
ENERGY MICHIGAN, INC., and
MICHIGAN ELECTRIC AND GAS
ASSOCIATION,
Appellees.
______________________________________
ENERGY MICHIGAN, INC.,
Appellee,
SC: 158308
v COA: 340607
MPSC: 00-018197
MICHIGAN PUBLIC SERVICE
COMMISSION,
Appellant,
and
CONSUMERS ENERGY COMPANY and
MICHIGAN ELECTRIC AND GAS
ASSOCIATION,
Appellees.
______________________________________/
2
On order of the Court, the application for leave to appeal the July 12, 2018
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing whether the Court of Appeals erred in holding that 2016 PA 341 does
not authorize the Michigan Public Service Commission to impose a local clearing
requirement on individual alternative electric suppliers. In addition to the brief, the
appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the
brief, citations to the record must provide the appendix page numbers as required by
MCR 7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being
served with the appellant’s brief. The appellees shall also electronically file an appendix,
or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if
any, must be filed by the appellant within 14 days of being served with the respective
appellee’s brief. The parties should not submit mere restatements of their application
papers.
We further ORDER that this case be argued and submitted to the Court together
with the case of In re Reliability Plans of Electric Utilities for 2017-2021 (Docket Nos.
158305-6), at such future session of the Court as both cases are ready for submission.
The total time allowed for oral argument shall be 40 minutes: 20 minutes for Consumer
Energy Company and Michigan Public Service Commission, and 20 minutes for Energy
Michigan, Inc. and Association of Business Advocating Tariff Equity, to be divided at
their discretion. MCR 7.314(B)(2).
The Michigan Chamber of Commerce, Midcontinent Independent System
Operator, and DTE Electric Company are invited to file briefs amicus curiae. Other
persons or groups interested in the determination of the issue presented in this case may
move the Court for permission to file briefs amicus curiae. Motions for permission to file
briefs amicus curiae and briefs amicus curiae regarding these cases should be filed in In
re Reliability Plans of Electric Utilities for 2017-2021 (Docket Nos. 158305-6) only and
served on the parties in both cases.
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 21, 2019
s0618
Clerk