Mich. Comp. Laws § 460.1

Public service commission; creation; members, appointment, qualifications, terms, vacancies.

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MICHIGAN PUBLIC SERVICE COMMISSION

Act 3 of 1939

460.1 Public service commission; creation; members, appointment, qualifications, terms, vacancies.

Sec. 1.

A commission to be known and designated as the "Michigan public service commission" is hereby created, which shall consist of 3 members, not more than 2 of whom shall be members of the same political party, appointed by the governor with the advice and consent of the senate. Each member shall be a citizen of the United States, and of the state of Michigan, and no member of said commission shall be pecuniarily interested in any public utility or public service subject to the jurisdiction and control of the commission. During his term no member shall serve as an officer or committee member of any political party organization or hold any office or be employed by any other commission, board, department or institution in this state. No commission member shall be retained or employed by any public utility or public service subject to the jurisdiction and control of the commission during the time he is acting as such commissioner, and for 6 months thereafter, and no member of the commission, who is a member of the bar of the state of Michigan, shall practice his profession or act as counselor or attorney in any court of this state during the time he is a member of said commission: Provided, however, This shall not require any commissioner to retire from, or dissolve any partnership, of which he is a member, but said partnership, while he is a member of the commission, shall not engage in public utility practice. Immediately upon the taking effect of this act, the offices of the present members of the Michigan public service commission are hereby abolished, and the members of the Michigan public service commission as herein created shall be appointed by the governor with the advice and consent of the senate, for terms of 6 years each: Provided, That of the members first appointed, 1 shall be appointed for a term of 2 years, 1 for a term of 4 years, and 1 for a term of 6 years. Upon the expiration of said terms successors shall be appointed with like qualifications and in like manner for terms of 6 years each, and until their successors are appointed and qualified. Vacancies shall be filled in the same manner as is provided for appointment in the first instance.

History: 1939, Act 3, Imd. Eff. Feb. 15, 1939 ;-- Am. 1947, Act 337, Imd. Eff. July 3, 1947 ;-- CL 1948, 460.1 ;-- Am. 1951, Act 275, Eff. Sept. 28, 1951

TransferOfPowers Notes:

See MCL 16.331.

Compiler's Notes:

For transfer of public service commission intact from department of licensing and regulatory affairs to Michigan agency for energy, see E.R.O. No. 2015-3, compiled at MCL 460.21.

For the transfer of the Michigan public service commission by type I transfer from Michigan agency for energy to the department of licensing and regulatory affairs, and abolishment of the Michigan agency for energy, see E.R.O. 2019-1, compiled at MCL 324.99923.

Notes of Decisions

Cited in 37 cases, 1949–2019 · leading case: Consumers Power Co. v. Public Service Commission

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Consumers Power Co. v. Public Service Commission (1999) mich · cites it 4× “[2] MCL 460.1 et seq.; MSA 22.13(1) et seq. [3] MCL 462.”

City of Taylor v. Detroit Edison Co. (2006) mich · cites it 2× “" CLS 1961, § 460.1 et seq. (Stat. Ann. 1965 Cum. Supp.”

Union Carbide Corp. v. Public Service Commission (1988) mich · cites it 2× “, which *147 outlines the commission’s power and jurisdiction, provides in pertinent part: The Public Service Commission is vested with complete power and jurisdiction to regulate all public utilities in the state except a municipally owned utility, the owner of a renewable…”

Great Lakes Steel Division of National Steel Corp. v. Public Service Commission (1982) mich · cites it 2× “MCL 460.1; MSA 22.13(1). [3] "When a person has exhausted all administrative remedies available within an agency, and is aggrieved by a final decision or order in a contested case, whether such decision or order is affirmative or negative in form, the decision or order is…”

Consumers Power Co. v. Public Service Commission (1982) mich · cites it 2× “Third, whether or not MPSC did "enter an order”, it did not do so "after first having given notice to the interested parties” for a § 6a hearing.”

Detroit Edison Co. v. City of Wixom (1969) mich · cites it 2× “" CLS 1961, § 460.1 et seq. (Stat Ann 1965 Cum Supp § 22.”

Ram Broadcasting of Michigan, Inc v. Michigan Public Service Commission (1982) michctapp · cites it 2× “On appeal, the circuit court found that RCCs are not within the MPSC’s jurisdiction under the telephone company act nor are RCCs public utilities subject to MPSC jurisdiction under the public service commission act, MCL 460.1 et seq.; MSA 22.13(1) et seq. The court also rejected…”

Michigan Farm Bureau v. Bureau of Workmen's Compensation (1980) mich “See MCL 460.1 et seq.; MSA 22.13(1) et seq.; Lansing v Public Service Comm, 330 Mich 608 ; 48 NW2d 133 (1951).”

Northville Coach Line, Inc. v. City of Detroit (1967) mich · cites it 2× “[8] PA 1939, No 3, as amended, CL 1948, § 460.1 et seq., as amended (Stat Ann 1965 Cum Supp § 22.”

Antrim Resources v. Public Service Commission (1989) michctapp “Section 6 of the Public Service Commission act, MCL 460.1 et seq.; MSA 22.13(1) et seq., outlines the psc’s powers and jurisdiction, but furnishes no grant of specific powers.”

Pennwalt Corp. v. Public Service Commission (1988) michctapp “Edison, on the other hand, argues that the doctrines of res judicata and collateral estoppel should have barred plaintiff from relitigating the reasonableness of the expenditures and that, by allowing the plaintiff to relitigate the question of reasonableness by permitting the…”

Residential Ratepayer Consortium v. Public Service Commission (1993) michctapp “1982 PA 304 amended the Public Service Commission act, MCL 460.1 et seq.; MSA 22.13(1) et seq., by adding § 6h, 3 which set up a series of procedures allowing gas utilities to fully recover their reasonably and prudently incurred gas costs.”

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