Michigan Compiled Laws

Mich. Comp. Laws § 460.54 (2026)

Public utilities commission; powers and duties concerning rates; franchise rights; municipally owned utility.

✓ current as of July 2026

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MICHIGAN PUBLIC UTILITIES COMMISSION

Act 419 of 1919

460.54 Public utilities commission; powers and duties concerning rates; franchise rights; municipally owned utility.

Sec. 4.

In addition to the rights, powers and duties vested in and imposed on said commission by the preceding section, its jurisdiction shall be deemed to extend to and include the control and regulation, including the fixing of rates and charges, of all public utilities within this state, producing, transmitting, delivering or furnishing steam for heating or power, or gas for heating or lighting purposes for the public use. Subject to the provisions of this act the said commission shall have 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 railroad commission and defining its powers and duties. The power and authority granted by this act shall not extend to, or include, any power of regulation or control of any municipally owned utility; and it shall be the duty of said commission on the request of any city or village to give advice and render such assistance as may be reasonable and expedient with respect to the operation of any utility owned and operated by such city or village. In no case shall the commission have power to change or alter the rates or charges fixed in, or regulated by, any franchise or agreement heretofore or hereafter granted or made by any city, village or township. It shall be competent for any municipality and any public utility operating within the limits of said municipality, whether such utility is operating under the terms of a franchise or otherwise, to join in submitting to the commission any question involving the fixing or determination of rates or charges, or the making of rules or conditions of service, and the commission shall thereupon be empowered, and it shall be its duty to make full investigation as to all matters so submitted and to fix and establish such reasonable maximum rates and charges, and prescribe such rules and conditions of service and make such determination and order relative thereto as shall be just and reasonable. Such order when so made shall have like force and effect as other orders made under the provisions of this act. In any case where a franchise under which a utility is, or has been, operated, including street railways, shall have heretofore expired or shall hereafter expire, the municipality shall have the right to petition the commission to fix the rates and charges of said utility in accordance with the provisions of this act, or to make complaint as herein provided with reference to any practice, service or regulation of such utility, and thereupon said commission shall have full jurisdiction in the premises.

History: 1919, Act 419, Imd. Eff. May 15, 1919 ;-- CL 1929, 11009 ;-- Am. 1931, Act 138, Eff. Sept. 18, 1931 ;-- CL 1948, 460.54

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1949–2023 · leading case: Consumers Power Co. v. Pub. Serv. Comm'n, 596 N.W.2d 126 (Mich. 1999).

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Consumers Power Co. v. Pub. Serv. Comm'n, 596 N.W.2d 126 (Mich. 1999). · cites it 4× “MCL 460.54; MSA 22.4 grants the PSC the "same measure of authority" with reference to utilities as the Michigan Railroad Commission once had over railroads under the railroad commission act.”

Union Carbide Corp. v. Pub. Serv. Comm'n, 428 N.W.2d 322 (Mich. 1988). · cites it 3× “] 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 460.54; MSA 22.4. Section 4 of the Public Utilities Commission act set forth, in general terms, the powers and…”

Midland Cogeneration Venture Ltd. P'ship v. Pub. Serv. Comm'n, 501 N.W.2d 573 (Mich. Ct. App. 1993). · cites it 4× “13(6), as well as its specific authority to fix rates and charges for the transmission of gas under § 4 of the Public Utilities Commission Act, MCL 460.54; MSA 22.4. Consumers interprets § 10 of Act 9 as granting utilities an absolute right to set the initial price of…”

Bldg. Owners & Managers Ass'n of Metro. Detroit v. Pub. Serv. Comm'n, 383 N.W.2d 72 (Mich. 1986). “[MCL 460.54; MSA 22.4. Emphasis added.] When any finding or order is sought by any gas, telephone or electric utility to increase its rates and charges or to alter, change or amend any rate or rate schedules, the effect of which will be to increase the cost of services to its…”

Northville Coach Line, Inc. v. City of Detroit, 150 N.W.2d 772 (Mich. 1967). · cites it 2× “" CL 1948, § 460.54 (Stat Ann § 22.4). In abolishing the Michigan public utilities commission, and creating the commission now in power, the title of the act (PA 1939, No 3) discloses that the act was designed "to abolish the Michigan public utilities commission, and to confer…”

Consumers Power Co. v. Ass'n of Bus. Advocating Tariff Equity, 518 N.W.2d 514 (Mich. Ct. App. 1994). “The psc thus denied abate’s motion to dismiss and approved the settlement agreement. We first discuss the procedural issues raised by *575 Consumers and the psc.”

City of Mt. Pleasant v. Michigan Consol. Gas Co., 39 N.W.2d 49 (Mich. 1949). “PA 1919, No 419, § 4, as amended by PA 1931, No 138 (CL 1948, § 460.54 [Stat Ann § 22.4]) provides that: “In no case shall the commission have power to change or alter the rates or charges fixed in, or regulated by, any franchise or agreement heretofore or hereafter granted or…”

MICHIGAN Elec. & GAS ASS'N v. Michigan Pub. Serv. Comm., 652 N.W.2d 1 (Mich. Ct. App. 2002). “§ 460.54 et seq., the transmission of electricity act, M.”

In re Pub. Serv. Comm'n Guidelines for Transactions between Affiliates, 652 N.W.2d 1 (Mich. Ct. App. 2002). “In particular, we note that the PSC must promulgate rules “for the conduct of its business and the proper discharge of its functions” to the extent it intends to make its policies binding on “all persons dealing with the commission or interested in any matter or proceedings…”

Ass'n of Bus. Advocating Tariff Equity v. Mich. Pub. Serv. Comm'n, Tilden Mining Co. (In Re Detroit Edison Co.), 929 N.W.2d 377 (Mich. 2019). · cites it 14× “6(1) and MCL 460.54, but applied only MCL 460.6(1).”

City of Big Rapids v. Michigan Consol. Gas Co., 37 N.W.2d 136 (Mich. 1949). “Laws 1948, § 460.54 [Stat. Ann. § 22.4]), merely added steam for heating or power.”

Attorney Gen. v. Pub. Serv. Comm'n, 472 N.W.2d 53 (Mich. Ct. App. 1991). “13(6h)(1)(d), MCL 460.54; MSA 22.4, MCL 460.557; MSA 22.”

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