SENATE BILL NO. 1242


   September 15, 1998, Introduced by Senator DUNASKISS and referred to 
        the Committee on Technology and Energy.



        A bill to require certain billing disclosures by electricity

   distributors in this state; to prescribe the powers and duties of

   certain state agencies and officials; and to prescribe penalties

   and civil sanctions and provide remedies.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  As used in this act:

 2         (a) "Commission" means the Michigan public service commis-

 3    sion in the department of consumer and industry services.

 4         (b) "Consumer" or "customer" means an end-user of

 5    electricity.

 6         (c) "Electricity distributor" or "distributor" means a

 7    person or their lessees, trustees, and receivers, owning or oper-

 8    ating equipment or facilities for delivering electricity to the

 9    public for compensation.




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 1         (d) "Electricity supplier" or "supplier" means a person who

 2    sells electricity and related services to electricity

 3    distributors, aggregators, or at retail to customers located in

 4    the service territories of electricity distributors.

 5         Sec. 2.  (1) A customer is entitled to obtain all data and

 6    information relating to the customer's billing history and energy

 7    usage over the last 24 months.

 8         (2) Upon receipt of a written request from the customer, the

 9    customer's electricity distributor shall provide the information

10    to the customer within 5 business days from the date the request

11    was received.

12         (3) The distributor is entitled to charge a fee under this

13    act not greater than the actual cost of providing the service.

14    Distributors shall include this fee in the tariffs on file and

15    approved by the commission.

16         (4) An electricity supplier or distributor may release the

17    information described in subsection (1) to a third party unless

18    the customer has provided notice withholding consent for the

19    release of the information.

20         (5) The supplier and distributor shall provide on each bill

21    the means for a customer to provide a checkoff notice withholding

22    consent for the release of the information described in subsec-

23    tion (1).

24         (6) The distributor is responsible for the metering of its

25    customers.  Each bill shall identify the name of the customer's

26    electricity supplier and provide the supplier's address and

27    telephone number.



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 1         Sec. 3.  If after notice and hearing the commission finds a

 2    person has violated this act, the commission shall order remedies

 3    and penalties to protect and make whole any persons who have suf-

 4    fered an economic loss as a result of the violation, including,

 5    but not limited to, 1 or more of the following:

 6         (a) The person to pay a fine for the first offense of not

 7    less than $1,000.00 nor more than $20,000.00 per day that the

 8    person is in violation of this act, and for each subsequent

 9    offense, a fine of not less than $2,000.00 nor more than

10    $40,000.00 per day.

11         (b) A refund to the customers of any collected excessive

12    rates.

13         (c) Cease and desist orders.

14         (d) If the person is certified or registered under this or

15    any other act, revoke the person's certificate or registration.



























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