MICHIGAN PUBLIC SERVICE COMMISSION
Act 3 of 1939
460.6 Public service commission; power and jurisdiction; "private, investor-owned wastewater utilities" defined.
Sec. 6.
(1) 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 resource power production facility as provided in section 6d, and except as otherwise restricted by law. The public service commission is vested with the power and jurisdiction to regulate all rates, fares, fees, charges, services, rules, conditions of service, and all other matters pertaining to the formation, operation, or direction of public utilities. The public service commission is further granted the power and jurisdiction to hear and pass upon all matters pertaining to, necessary, or incident to the regulation of public utilities, including electric light and power companies, whether private, corporate, or cooperative; water, telegraph, oil, gas, and pipeline companies; motor carriers; private wastewater treatment facilities; and all public transportation and communication agencies other than railroads and railroad companies.
(2) A private, investor-owned wastewater utility may apply to the commission for rate regulation. If an application is filed under this subsection, the commission is vested with the specific grant of jurisdictional authority to regulate the rates, fares, fees, and charges of private, investor-owned wastewater utilities. As used in this subsection, "private, investor-owned wastewater utilities" means a utility that delivers wastewater treatment services through a sewage system and the physical assets of which are wholly owned by an individual or group of individual shareholders.
History: 1939, Act 3, Imd. Eff. Feb. 15, 1939 ;-- CL 1948, 460.6 ;-- Am. 1952, Act 240, Eff. Sept. 18, 1952 ;-- Am. 1960, Act 44, Imd. Eff. Apr. 19, 1960 ;-- Am. 1967, Act 125, Imd. Eff. June 27, 1967 ;-- Am. 1969, Act 223, Imd. Eff. Aug. 6, 1969 ;-- Am. 1980, Act 50, Imd. Eff. Mar. 25, 1980 ;-- Am. 1992, Act 37, Imd. Eff. Apr. 21, 1992 ;-- Am. 1993, Act 355, Imd. Eff. Jan. 14, 1994 ;-- Am. 2005, Act 190, Imd. Eff. Nov. 7, 2005
AdminRule Notes:
R 460.11 et seq.; R 460.511 et seq.; R 460.915 et seq.; R 460.1451 et seq.; R 460.1951 et seq.; R 460.2011 et seq.; R 460.2051 et seq.; R 460.2101 et seq.; R 460.2211 et seq.; R 460.2601 et seq.; and R 460.3101 et seq. of the Michigan Administrative Code.
Notes of Decisions
City of Taylor v. Detroit Edison Co., 715 N.W.2d 28 (Mich. 2006).
· cites it 10× “MCL 460.6 vests the MPSC with broad authority to regulate public utilities, and the MPSC has promulgated rules on this subject.”
Cantor v. Detroit Edison Co., 428 U.S. 579 (1976).
· cites it 4× “[10] Mich. Comp. Laws § 460.6 (1970). [11] See Brief for Respondent 11; Mich.”
Travelers Ins. v. Detroit Edison Co., 631 N.W.2d 733 (Mich. 2001).
· cites it 4× “The public service commission is vested with the power and jurisdiction to regulate all rates, fares, fees, charges, services, rules, conditions of service, and all other matters pertaining to the formation, operation, or direction of such public utilities.”
Rinaldo's Constr. Corp. v. Michigan Bell Tel. Co., 559 N.W.2d 647 (Mich. 1997).
· cites it 5× “” MCL 460.6(1); MSA 22.13(6)(1). In other words, the Legislature has broadly defined the power and jurisdiction of the MPSC over such matters, without explicitly providing that this power and jurisdiction is exclusive.”
City of Holland v. Consumers Energy Co., 308 Mich. App. 675 (Mich. Ct. App. 2015).
· cites it 5× “MCL 460.6 provides, in relevant part: (1) 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 resource power production facility as provided in…”
Midland Cogeneration Venture Ltd. P'ship v. Pub. Serv. Comm'n, 501 N.W.2d 573 (Mich. Ct. App. 1993).
· cites it 8× “Finally, the broad language of § 6 of the Public Service Commission Act, MCL 460.6; MSA 22.13(6), provides no support for the PSC'S conditions, because the statute merely serves as an outline of the PSC'S jurisdiction, not as a grant of specific authority or powers.”
Great Wolf Lodge of Traverse City, LLC v. Pub. Serv. Comm'n, 489 Mich. 27 (Mich. 2011).
· cites it 4× “25 In that case, the Court of Appeals held that the PSC’s authority to award interest derives from MCL 460.6(1). MCL 460.6(1) vests the PSC with the power and jurisdiction, among other things, to “regulate all rates, fares, fees, charges, services, rules, conditions of service,…”
In re Consumers Energy Co., 279 Mich. App. 180 (Mich. Ct. App. 2008).
· cites it 3× “MCL 460.6. 4 In order to determine the propriety of permitting CECo’s contribution to the LIEEF, we must first deal with the assertion that *190 funding for the LIEEF is exclusively confined to the availability of securitization savings as delineated in MCL 460.”
Detroit Edison Co. v. Stenman, 875 N.W.2d 767 (Mich. Ct. App. 2015).
· cites it 2× “383a and violated the terms of the tariff filed by plaintiff and approved by the Michigan Public Service Commission (MPSC) under MCL 460.6(1), 2 which defendants were required to follow as a condition of receiving electricity from plaintiff.”
Bldg. Owners & Managers Ass'n of Metro. Detroit v. Pub. Serv. Comm'n, 383 N.W.2d 72 (Mich. 1986).
· cites it 3× “13(6); quoted below] entitled plaintiffs to notice of the hearing before defendant commission, and that the notice given to the City of Detroit was not adequate notice to plaintiffs.” Id. at 508. The Court found it unnecessary to decide this question because it rejected both of…”
— Mich. Comp. Laws § 460.6(1) — 34 cases
City of Taylor v. Detroit Edison Co., 715 N.W.2d 28 (Mich. 2006).
“MCL 460.6 vests the MPSC with broad authority to regulate public utilities, and the MPSC has promulgated rules on this subject.”
Rinaldo's Constr. Corp. v. Michigan Bell Tel. Co., 559 N.W.2d 647 (Mich. 1997).
“” MCL 460.6(1); MSA 22.13(6)(1). In other words, the Legislature has broadly defined the power and jurisdiction of the MPSC over such matters, without explicitly providing that this power and jurisdiction is exclusive.”
Great Wolf Lodge of Traverse City, LLC v. Pub. Serv. Comm'n, 489 Mich. 27 (Mich. 2011).
“25 In that case, the Court of Appeals held that the PSC’s authority to award interest derives from MCL 460.6(1). MCL 460.6(1) vests the PSC with the power and jurisdiction, among other things, to “regulate all rates, fares, fees, charges, services, rules, conditions of service,…”
Detroit Edison Co. v. Stenman, 875 N.W.2d 767 (Mich. Ct. App. 2015).
“383a and violated the terms of the tariff filed by plaintiff and approved by the Michigan Public Service Commission (MPSC) under MCL 460.6(1), 2 which defendants were required to follow as a condition of receiving electricity from plaintiff.”
City of Holland v. Consumers Energy Co., 308 Mich. App. 675 (Mich. Ct. App. 2015).
“MCL 460.6 provides, in relevant part: (1) 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 resource power production facility as provided in…”
— Mich. Comp. Laws § 460.6(a) — 1 case
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