Michigan Compiled Laws

Mich. Comp. Laws § 460.1045 (2026)

Charges for electric provider's tariffs that permit recovery of incremental costs of compliance; calculation.

✓ current as of July 2026 Cite as: Mich. Comp. Laws § 460.1045 (2026)
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

CLEAN AND RENEWABLE ENERGY AND ENERGY WASTE REDUCTION ACT


Act 295 of 2008


460.1045 Charges for electric provider's tariffs that permit recovery of incremental costs of compliance; calculation.

Sec. 45.

    (1) For an electric provider whose rates are regulated by the commission, the commission shall determine a revenue recovery mechanism, subject to section 47, for the electric provider's tariffs that permit recovery of the incremental cost of compliance to implement the amended renewable energy plan.

    (2) An electric provider's incremental cost of compliance shall be recovered through a revenue recovery mechanism that is designed consistent with the production allocation approved in the provider's most recent general rate case under section 6a of 1939 PA 3, MCL 460.6a. An electric provider may propose a revenue recovery mechanism in an amended renewable energy plan to include all or a portion of the electric provider's incremental cost of compliance in base rates. If an electric provider proposes to include all or a portion of the incremental cost of compliance in base rates, the commission shall review and approve, approve with modifications, or deny the revenue recovery mechanism proposed by the electric provider.

    (3) The incremental cost of compliance shall be calculated for a 20-year period beginning with approval of the amended renewable energy plan and may be recovered on a levelized basis.

    

    

History: 2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017 ;-- Am. 2023, Act 235, Eff. Feb. 27, 2024

Compiler's Notes:

    Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."

Notes of Decisions
Cited in 2 cases, 2011–2014 · leading case: In re Review of Consumers Energy Co. Renewable Energy Plan
In re Review of Consumers Energy Co. Renewable Energy Plan (2011) michctapp · cites it 2× “1021(3); MCL 460.1045. The surcharge will be assessed for the 20-year life of the program and can be front-loaded so that the utility can build up a balance from excess revenues during early years of the program and use that balance to fund revenue shortfalls during the…”
In re Consumers Energy Co. (2014) michctapp “1049(3)(c) and incremental costs that are recoverable under MCL 460.1045(2). The Attorney General states that the PSC must establish a transfer price in renewable energy and PSCR case plans and a per MWh price in renewable energy and PSCR reconciliation cases.”
— Mich. Comp. Laws § 460.1045(2) — 1 case
In re Consumers Energy Co. (2014) michctapp “1049(3)(c) and incremental costs that are recoverable under MCL 460.1045(2). The Attorney General states that the PSC must establish a transfer price in renewable energy and PSCR case plans and a per MWh price in renewable energy and PSCR reconciliation cases.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.