SENATE BILL No. 922

January 12, 2000, Introduced by Senator SCHUETTE and referred to the Committee on

Technology and Energy.

A bill to amend 1939 PA 3, entitled

"An act to provide for the regulation and control of public util-

ities and other services affected with a public interest within

this state; to create a public service commission and to pre-

scribe and define its powers and duties; to abolish the Michigan

public utilities commission and to confer the powers and duties

vested by law therein on the public service commission; to pro-

vide for the continuance, transfer, and completion of certain

matters and proceedings; to abolish automatic adjustment clauses;

to prohibit rate increases without notice and hearing; to qualify

residential energy conservation programs permitted under state

law for certain federal exemption; to provide for a restructuring

of rates for certain utilities; to encourage the utilization of

resource recovery facilities; to provide for appeals; to provide

appropriations; to declare the effect of this act; to prescribe

penalties; and to repeal all acts contrary to this act,"

(MCL 460.1 to 460.8) by adding section 9k.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 9K. (1) UPON THE FILING OF A COMPLAINT BY ANY PERSON

2 OR UPON ITS OWN MOTION, IF AFTER NOTICE AND HEARING, THE

3 COMMISSION FINDS A PERSON HAS VIOLATED ANY PROVISIONS OF SECTIONS

4 9A THROUGH 9J, AN ORDER ISSUED UNDER THOSE SECTIONS, OR A RULE

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1 PROMULGATED UNDER THOSE SECTIONS, THE COMMISSION SHALL ORDER

2 REMEDIES AND PENALTIES TO PROTECT AND MAKE WHOLE ANOTHER PERSON

3 WHO HAS SUFFERED AN ECONOMIC LOSS AS A RESULT OF THE VIOLATION,

4 INCLUDING, BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

5 (A) THE PERSON TO PAY A FINE FOR THE FIRST OFFENSE OF NOT

6 LESS THAN $10,000.00 OR MORE THAN $20,000.00 PER DAY THAT THE

7 PERSON IS IN VIOLATION, AND FOR EACH SUBSEQUENT OFFENSE, A FINE

8 OF NOT LESS THAN $20,000.00 OR MORE THAN $40,000.00 PER DAY.

9 (B) A REFUND TO THE CUSTOMER OF ANY AMOUNT PAID IN EXCESS

10 FEES OR RATES.

11 (C) THE REVOCATION OF THE SUPPLIER'S LICENSE.

12 (D) REASONABLE ATTORNEY FEES.

13 (E) CEASE AND DESIST ORDERS.

14 (2) THE PENALTIES UNDER THIS SECTION ARE IN ADDITION TO ANY

15 OTHER PENALTIES PROVIDED BY LAW.

16 Enacting section 1. This amendatory act does not take

17 effect unless all of the following bills of the 90th Legislature

18 are enacted into law:

19 (a) Senate Bill No. 916.

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21 (b) Senate Bill No. 917.

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23 (c) Senate Bill No. 918.

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25 (d) Senate Bill No. 919.

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1 (e) Senate Bill No. 920.

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