January 27, 2011, Introduced by Senators ROCCA and MARLEAU 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 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,"


by amending section 6 (MCL 460.6), as amended by 2005 PA 190 and by


adding section 6t.




     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 electric or natural gas


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, including municipally owned water


and sewer systems; 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




     Sec. 6t. The public service commission is vested with the


power and jurisdiction to regulate all rates, fares, fees, and


charges of any water or sewerage system that provides water supply


service or sewerage service, or both, to more than 25% of the


population of this state.