MCL - Section 460.1095

Act 295 of 2008

460.1095 Duties and authority of commission; duties of Michigan agency for energy.

Sec. 95.

    (1) Subject to subsection (2), the commission shall do all of the following:
    (a) Promote load management in appropriate circumstances, including expansion of existing and establishment of new load management programs in which an electric provider may manage the operation of energy consuming devices and remotely shut down air conditioning or other energy intensive systems of participating customers, demand response programs that use time of day pricing and dynamic rate pricing, and similar programs, for utility customers that have advanced metering infrastructure. Electric provider participation and customer enrollment in such programs are voluntary. However, electric providers whose rates are regulated by the commission and whose rates include the cost of advanced metering infrastructure shall offer commission-approved demand response programs. The programs may provide incentives for customer participation and shall include customer protection provisions as required by the commission. To participate in a program, a customer shall agree to remain in the program for at least 1 year.
    (b) Actively pursue increasing public awareness of load management techniques.
    (c) Engage in regional load management efforts to reduce the annual demand for energy whenever possible.
    (d) Work with residential, commercial, and industrial customers to reduce annual demand and conserve energy through load management techniques and other activities it considers appropriate.
    (2) Subsection (1) shall not be construed to prevent an electric utility from doing any of the following:
    (a) Recovering the full cost associated with providing electric service and load management programs.
    (b) Installing metering and retrieving metering data necessary to properly, accurately, and efficiently bill for the electric utility's services without manual intervention or manual calculation.
    (3) The commission may allow a provider whose rates are regulated by the commission to recover costs for load management through base rates as part of a proceeding under section 6a of 1939 PA 3, MCL 460.6a, if the costs are reasonable and prudent and meet the utility systems resource cost test.
    (4) The Michigan agency for energy shall do all of the following:
    (a) Promote energy efficiency and energy conservation.
    (b) Actively pursue increasing public awareness of energy conservation and energy efficiency.
    (c) Actively engage in energy conservation and energy efficiency efforts with providers.
    (d) Engage in regional efforts to reduce demand for energy through energy conservation and energy efficiency.
    (5) This subpart does not limit the authority of the commission, following an integrated resource plan proceeding and as part of a rate-making process, to allow a provider whose rates are regulated by the commission to recover for additional prudent energy efficiency and energy conservation measures not included in the provider's energy waste reduction plan if the provider has met the requirements of the energy waste reduction program.

History: 2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017
Compiler's Notes: Enacting section 1 of Act 295 of 2008 provides:"Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."For the transfer of powers and duties of the Michigan agency for energy and abolishment of the Michigan agency for energy, see E.R.O. 2019-1, compiled at MCL 324.99923.