in Re App of Intl Transmission Co for Expedited Siting Cert ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
March 27, 2013 Robert P. Young, Jr.,
Chief Justice
146386-7 & (55)(59) Michael F. Cavanagh
Stephen J. Markman
____________________________________ Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
In re APPLICATION OF INTERNATIONAL David F. Viviano,
TRANSMISSION COMPANY FOR Justices
EXPEDITED SITING CERTIFICATE
____________________________________
ASSOCIATION OF BUSINESSES
ADVOCATING TARIFF EQUITY,
Appellee,
v SC: 146386
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,
Appellee,
and
MICHIGAN PUBLIC POWER AGENCY,
and MICHIGAN MUNICIPAL ELECTRIC
ASSOCIATION,
Appellants/Cross-Appellees.
____________________________________/
MICHIGAN PUBLIC POWER AGENCY
and MICHIGAN MUNICIPAL ELECTRIC
ASSOCIATION,
Appellants/Cross-Appellees,
2
SC: 146387
v COA: 303040
Public Service Commission:
00-016200
MICHIGAN PUBLIC SERVICE
COMMISSION,
Appellee,
and
INTERNATIONAL TRANSMISSION
COMPANY, d/b/a ITC TRANSMISSION,
Petitioner-Appellee/
Cross-Appellant,
and
CONSUMERS ENERGY COMPANY and
ASSOCIATION OF BUSINESSES
ADVOCATING TARIFF EQUITY,
Appellees.
____________________________________/
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 295carries 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