Mich. Comp. Laws » Michigan Compiled Laws / Chapter 460 / Act 3 of 1939
Michigan Compiled Laws

Mich. Comp. Laws § 460.6d (2026)

Owner of renewable resource power production facility; exemption from regulation and control of public service commission; definition.

✓ current as of July 2026
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MICHIGAN PUBLIC SERVICE COMMISSION


Act 3 of 1939


460.6d Owner of renewable resource power production facility; exemption from regulation and control of public service commission; definition.

Sec. 6d.

    (1) Notwithstanding any other provision of this act, the owner of a renewable resource power production facility shall not be subject to the regulation or control of the public service commission, if all of the following conditions are met:

    (a) The owner of the renewable resource power production facility, before the construction of the renewable resource power production facility, was not a public utility subject to the jurisdiction of the public service commission.

    (b) The ownership of the renewable resource power production facility is ancillary to the financing of the facility.

    (2) As used in this act, "renewable resource power production facility" means a facility having a rated power production capacity of 30 megawatts or less which produces electric energy by the use of biomass, waste, wood, hydroelectric, wind, and other renewable resources, or any combination of renewable resources, as the primary energy source.

History: Add. 1980, Act 50, Imd. Eff. Mar. 25, 1980

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2006–2026 · leading case: Attorney Gen. v. Pub. Serv. Comm'n, 713 N.W.2d 290 (Mich. Ct. App. 2006).
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Attorney Gen. v. Pub. Serv. Comm'n, 713 N.W.2d 290 (Mich. Ct. App. 2006). · cites it 3× “Furthermore, appellant notes that MCL 460.6d(l) provides that the owner of a renewable resource power production facility is not subject to regulation by the PSC if, before the construction of the renewable resource power facility, the owner was not a public utility subject to…”
Detroit Edison Co. v. Stenman, 875 N.W.2d 767 (Mich. Ct. App. 2015). “The [MPSC] 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.”
City of Holland v. Consumers Energy Co., 308 Mich. App. 675 (Mich. Ct. App. 2015). “6(1) provides, in relevant 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 resource power production facility as provided in [MCL 460.6d]…”
City of Holland v. Consumers Energy Co. (Mich. 2017). · cites it 2× “6(1) provides, in relevant part, that the PSC 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 MCL 460.6d, and except as…”
City of Coldwater v. Consumers Energy Co. (Mich. 2017). · cites it 2× “6(1) provides, in relevant part, that the PSC 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 MCL 460.6d, and except as…”
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 2× “6(1) reads in relevant 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 resource power production facility as provided in [MCL 460.6d],…”
in Re Application of Detroit Edison Co. Re Licensing Rules (Mich. 2019). “6(1) reads in relevant 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 resource power production facility as provided in [MCL 460.6d],…”
Great Lakes Energy Coop. v. City of Petoskey (Mich. Ct. App. 2026). “2 The PSC is an independent utility regulator “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 [MCL 460.6d] and except as…”
— Mich. Comp. Laws § 460.6d(l) — 1 case
Attorney Gen. v. Pub. Serv. Comm'n, 713 N.W.2d 290 (Mich. Ct. App. 2006). “Furthermore, appellant notes that MCL 460.6d(l) provides that the owner of a renewable resource power production facility is not subject to regulation by the PSC if, before the construction of the renewable resource power facility, the owner was not a public utility subject to…”
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