Order Michigan Supreme Court
Lansing, Michigan
January 27, 2016 Robert P. Young, Jr.,
Chief Justice
152263 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
In re Application of CONSUMERS ENERGY David F. Viviano
to Increase Electric Rates Richard H. Bernstein
______________________________________ Joan L. Larsen,
Justices
ATTORNEY GENERAL,
Appellant,
v SC: 152263
COA: 317434
MPSC: 00-017087
MICHIGAN PUBLIC SERVICE
COMMISSION,
Appellee,
and
CONSUMERS ENERGY COMPANY,
Petitioner-Appellee.
____________________________________/
On order of the Court, the application for leave to appeal the April 30, 2015
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals
judgment that addressed the claim of appeal filed by the Attorney General, Docket No.
317434, and we REMAND this case to the Court of Appeals for consideration of the
merits of that claim of appeal. The fact that the Attorney General stipulated to a
settlement agreement that recognized a rate increase is not inconsistent with the Attorney
General’s appeal from the June 28, 2013 decision of the Michigan Public Service
Commission. That decision resolved issues preserved by the Attorney General in the
settlement agreement. Those preserved issues can be addressed independent of the $89
million in rate relief approved pursuant to the settlement agreement. This order does not
disturb the Court of Appeals disposition in the consolidated case, Docket No. 317456.
We express no opinion regarding the merits of the Attorney General’s appeal.
We do not retain jurisdiction.
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.
January 27, 2016
p0120
Clerk