MICHIGAN PUBLIC SERVICE COMMISSION
Act 3 of 1939
460.4 Michigan public service commission; rights, privileges, and jurisdiction; meaning of certain references; review of order or decree.
Sec. 4.
The Michigan public service commission shall have and exercise all rights, privileges, and the jurisdiction in all respects as has been conferred by law and exercised by the Michigan public utilities commission. Where reference is or has been made in any law to the "commission", the "Michigan public utilities commission", the "Michigan railroad commission", that reference shall be construed to mean the Michigan public service commission except that with respect to railroad, bridge, and tunnel companies, that reference shall be construed to mean the state transportation department. Any order or decree of the Michigan public service commission shall be subject to review in the manner provided for in section 26 of Act No. 300 of the Public Acts of 1909, being section 462.26 of the Michigan Compiled Laws.
History: 1939, Act 3, Imd. Eff. Feb. 15, 1939 ;-- CL 1948, 460.4 ;-- Am. 1972, Act 300, Imd. Eff. Dec. 19, 1972 ;-- Am. 1987, Act 4, Eff. Apr. 1, 1987 ;-- Am. 1993, Act 355, Imd. Eff. Jan. 14, 1994
AdminRule Notes:
R 460.851 et seq.; R 460.1451 et seq.; R 460.1951 et seq.; R 460.2101 et seq.; R 460.2212 et seq.; R 460.2501 et seq.; R 460.2601 et seq.; and R 460.3101 et seq. of the Michigan Administrative Code.
Notes of Decisions
Consumers Power Co. v. Pub. Serv. Comm'n, 596 N.W.2d 126 (Mich. 1999).
· cites it 2× “[7] The PSC, as the successor to the public utilities commission, has the "same measure of authority with reference to such utilities as is granted and conferred with respect to railroads and railroad companies under the various provisions of the statutes creating the Michigan…”
Union Carbide Corp. v. Pub. Serv. Comm'n, 428 N.W.2d 322 (Mich. 1988).
· cites it 2× “[MCL 460.4; MSA 22.13(4).] Thus, a determination of the limits of the commission’s power requires an examination of the provisions of the Public Utilities Commission act, 1919 PA 419 , MCL 460.”
Midland Cogeneration Venture Ltd. P'ship v. Pub. Serv. Comm'n, 501 N.W.2d 573 (Mich. Ct. App. 1993).
· cites it 2× “This statutory grant of authority and all of the other rights, powers, and duties of the former Public Utilities Commission were transferred to the PSC under § 4 of the Public Service Commission Act, 1939 PA 3 , MCL 460.4; MSA 22.13(4). We find that the statutory language quoted…”
Chesapeake & Ohio Ry. Co. v. Pub. Serv. Comm'n, 228 N.W.2d 843 (Mich. Ct. App. 1975).
· cites it 2× “MCLA 460.4; MSA 22.13(4). A reading of relevant sections of the railroad act additionally demonstrates the Legislature’s intent to give the commission broad powers to regulate freight service.”
Gen. v. Pub. Serv. Comm'n No 1, 602 N.W.2d 207 (Mich. Ct. App. 1999).
· cites it 3× “In addition, appellants contend that such an interpretation ignores MCL 460.4; MSA 22.13(4), which transferred the powers and jurisdiction of the former Public Utility Commis *36 sion to the PSC.”
Sullivan v. Pub. Serv. Comm'n, 287 N.W.2d 188 (Mich. Ct. App. 1979).
· cites it 2× “Appellees argue that Sullivan is directed to the § 26 remedy not only by the railroad commission act itself, but also by § 4 of the public service commission act ( 1939 PA 3 ), MCL 460.4; MSA 22.13(4), and by § 10 of the gas pipelines act under which Sullivan brought its…”
Midwest Energy Coop. v. Pub. Serv. Comm'n, 708 N.W.2d 147 (Mich. Ct. App. 2006).
“26(1) provides for review in this Court of “any order of the commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices, or services,” unless “otherwise provided in” various provisions, including MCL…”
Michigan Bell Tel. Co. v. Pub. Serv. Comm'n, 270 N.W.2d 546 (Mich. Ct. App. 1978).
“MCL 460.4, 462.26; MSA 22.13(4), 22.45. Since it is Michigan Bell’s practice to seek new rate determinations after each commission decision, and since the appeal process generally takes longer than the commission’s resolution of each rate case, almost inevi *166 tably new rates…”
Attorney Gen. v. Michigan Pub. Serv. Comm'n, 221 N.W.2d 299 (Mich. 1974).
· cites it 2× “" MCLA 460.4; MSA 22.13(4). [2] Since 1965 the General Court Rules have provided that appeals to the Supreme Court such as provided in § 26 are now to be taken by the Court of Appeals.”
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