August 22, 2007, Introduced by Rep. Hune 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 10w (MCL 460.10w), as added by 2000 PA 141.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10w. (1) Each investor-owned electric utility in this
state
shall , at the utility's option, either join a FERC approved
multistate regional transmission system organization or other FERC
approved
multistate independent transmission organization. or
divest
its interest in its transmission facilities to an
independent
transmission owner.
(2) An investor-owned electric utility that is party to a
legitimate filing that was pending before the FERC on December 31,
2001 which is seeking FERC approval of a proposed multistate
regional transmission system organization shall be considered to be
in compliance with this section. Subsection (3) shall apply if FERC
rejects a pending filing or if the electric utility withdraws from
the filing or from a regional transmission system organization.
This section does not provide guidance to FERC with respect to any
pending filing.
(3) If an electric utility has not complied with this section
by December 31, 2001, the commission shall direct the electric
utility to join a FERC approved multistate regional transmission
system organization selected by the commission.
(4) An investor-owned utility shall own, construct, and
operate any new transmission facilities used or intended to be used
by that utility for the transmission of electricity that are
installed in that utility's service area after the effective date
of the amendatory act that added this subsection.