HOUSE BILL No. 4321


     February 21, 2001, Introduced by Rep. Spade and referred to the Committee on Energy and Technology.


        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 provide for alternative energy suppliers; to pro-
   vide for licensing; to include municipally owned utilities and
   other providers of energy under certain provisions of this act;
   to create a public service commission and to prescribe and define
   its powers and duties; to abolish the Michigan public utilities
   commission and to confer the powers and duties vested by law on
   the public service commission; to provide for the continuance,
   transfer, and completion of certain matters and proceedings; to
   abolish automatic adjustment clauses; to prohibit certain rate
   increases without notice and hearing; to qualify residential
   energy conservation programs permitted under state law for cer-
   tain federal exemption; to create a fund; to provide for a
   restructuring of the manner in which energy is provided in this
   state; to encourage the utilization of resource recovery facili-
   ties; to prohibit certain acts and practices of providers of
   energy; to allow for the securitization of stranded costs; to
   reduce rates; to provide for appeals; to provide appropriations;
   to declare the effect and purpose of this act; to prescribe reme-
   dies and penalties; and to repeal acts and parts of acts,"

   (MCL 460.1 to 460.10cc) by adding section 9.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:




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           SEC. 9.  (1) A NATURAL GAS UTILITY, SUPPLIER, OR DISTRIBUTOR

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      SHALL NOT INCLUDE OR ADD OPTIONAL PRODUCTS OR SERVICES TO A

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      CUSTOMER'S ACCOUNT OR BILL FOR THOSE PRODUCTS OR SERVICES WITHOUT

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      THE AUTHORIZATION OF THE CUSTOMER.

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           (2) THE COMMISSION SHALL ISSUE ORDERS TO ENSURE THAT A NATU-

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      RAL GAS UTILITY, SUPPLIER, OR DISTRIBUTOR DOES NOT ASSIGN,

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      INCLUDE, OR ADD OPTIONAL PRODUCTS OR SERVICES TO A CUSTOMER'S

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      ACCOUNT OR BILL FOR THE PRODUCTS OR SERVICES WITHOUT THE

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      CUSTOMER'S ORAL AUTHORIZATION, WRITTEN CONFIRMATION, CONFIRMATION

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      THROUGH AN INDEPENDENT THIRD PARTY, OR OTHER VERIFICATION PROCE-

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      DURES APPROVED BY THE COMMISSION CONFIRMING THE CUSTOMER'S INTENT

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      TO RECEIVE THE OPTIONAL PRODUCTS OR SERVICES.

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           (3) AS USED IN THIS SECTION:

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           (A) "NATURAL GAS DISTRIBUTOR" OR "DISTRIBUTOR" MEANS A

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      PERSON THAT PHYSICALLY DELIVERS NATURAL GAS TO RETAIL CUSTOMERS.

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           (B) "NATURAL GAS SUPPLIER" OR "SUPPLIER" MEANS A PERSON WHO

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      SELLS NATURAL GAS TO NATURAL GAS RETAIL CUSTOMERS LOCATED IN THIS

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      STATE.

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           (C) "NATURAL GAS UTILITY" OR "UTILITY" MEANS A PUBLIC UTIL-

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      ITY THAT PROVIDED NATURAL GAS SERVICE BEFORE JANUARY 1, 1999.

















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