Enbridge Energy Limited Partnership v. Upper Peninsula Power Co

Order Michigan Supreme Court
Lansing, Michigan

October 7, 2016 Robert P. Young, Jr.,
Chief Justice

153116 Stephen J. Markman
153118 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
ENBRIDGE ENERGY LIMITED Justices
PARTNERSHIP,
Petitioner-Appellee,
v SC: 153116
COA: 321946
MPSC: U-017077
UPPER PENINSULA POWER COMPANY,
Respondent-Appellant,
and
MICHIGAN PUBLIC SERVICE COMMISSION,
Appellee.

_________________________________________/

ENBRIDGE ENERGY LIMITED
PARTNERSHIP,
Petitioner-Appellee,
v SC: 153118
COA: 321946
MPSC: U-017077
UPPER PENINSULA POWER COMPANY,
Respondent-Appellee,
and
MICHIGAN PUBLIC SERVICE COMMISSION,
Appellant.

_________________________________________/

On order of the Court, the applications for leave to appeal the December 22, 2015
judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral
argument on whether to grant the applications or take other action. MCR 7.305(H)(1).
 2

The parties shall file supplemental briefs within 42 days of the date of this order
addressing: (1) whether the Court of Appeals erred in holding that the analysis provided
in Dodge v Detroit Trust Co, 300 Mich 575, 613 (1942), was relevant to the
determination whether the Michigan Public Service Commission (MPSC) exceeded its
statutory authority by enforcing a settlement agreement that included a revenue
decoupling mechanism for an electric utility; (2) if Dodge applies, whether the petitioner
was barred from arguing that the settlement agreement is unenforceable or void; and (3)
whether the petitioner is procedurally barred from challenging the MPSC’s prior orders
when it failed to intervene in the cases or appeal from the orders. The parties may
address other issues but should not submit mere restatements of their application papers.

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.
October 7, 2016
p1004
Clerk