May 7, 2009, Introduced by Senator PATTERSON and referred to the Committee on Energy Policy and Public Utilities.
A bill to amend 1939 PA 3, entitled
"An act to provide for the regulation and control of public and
certain private utilities and other services affected with a public
interest within this state; to provide for alternative energy
suppliers; to provide 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 certain 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
facilities; 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 remedies
and penalties; and to repeal acts and parts of acts,"
(MCL 460.1 to 460.11) by adding section 9p.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9p. (1) The attorney general, on his or her own motion or
upon a referral from the commission in a case of serious injury or
death, or any customer of a municipally owned electric utility may
commence a civil action for injunctive relief against that
municipally owned electric utility if the utility fails to meet the
applicable requirements of this act.
(2) An action under this section shall be commenced in the
circuit court for the circuit in which the principal office of the
municipally owned electric utility is located. An action shall not
be filed under this section unless the prospective plaintiff has
given the prospective defendant at least 60 days' written notice of
the prospective plaintiff's intent to sue, the basis for the suit,
and the relief sought. Within 30 days after the prospective
defendant receives written notice of the prospective plaintiff's
intent to sue, the prospective defendant and plaintiff shall meet
and make a good faith attempt to determine if there is a credible
basis for the action. If both parties agree that there is a
credible basis for the action, the prospective defendant shall take
all reasonable and prudent steps necessary to comply with the
applicable requirements of this act within 90 days of the meeting.
(3) In issuing a final order in an action brought under this
section, a court may award costs of litigation, including
reasonable attorney and expert witness fees, to the prevailing or
substantially prevailing party.
(4) A municipally owned electric utility or a customer of a
municipally owned electric utility is subject to this act only as
expressly provided in this act. Nothing in this act shall give the
commission the power to regulate a municipally owned electric
utility.