December 4, 2007, Introduced by Reps. Accavitti, Angerer, Mayes, Hopgood, Gaffney, LaJoy and 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 sections 10, 10a, 10b, 10c, 10d, 10e, 10g, 10p, 10r,
10x, and 10y (MCL 460.10, 460.10a, 460.10b, 460.10c, 460.10d,
460.10e, 460.10g, 460.10p, 460.10r, 460.10x, and 460.10y), sections
10, 10b, 10c, 10e, 10p, 10r, 10x, and 10y as added by 2000 PA 141,
section 10a as amended by 2004 PA 88, section 10d as amended by
2002 PA 609, and section 10g as amended by 2001 PA 48; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) Sections 10 through 10bb shall be known and may
be cited as the "customer choice and electricity reliability act".
(2)
The purpose of sections 10a through 10bb is to do all of
the
following:
(a)
To ensure that all retail customers in this state of
electric
power have a choice of electric suppliers.
(b)
To allow and encourage the Michigan public service
commission
to foster competition in this state in the provision of
electric
supply and maintain regulation of electric supply for
customers
who continue to choose supply from incumbent electric
utilities.
(c)
To encourage the development and construction of merchant
plants
which will diversify the ownership of electric generation in
this
state.
(d)
To ensure that all persons in this state are afforded
safe,
reliable electric power at a reasonable rate.
(e)
To improve the opportunities for economic development in
this
state and to promote financially healthy and competitive
utilities
in this state.
(3)
Subsection (2) does not apply after December 31, 2003.
(2) Within 90 days of the effective date of the amendatory act
that added this sentence, all customers of an electric utility
shall elect whether they wish to receive electric generation
service from an alternative electric supplier. All customers who
elect to receive service from an alternative electric supplier
shall, within 60 days of that election, certify with the commission
that they are in fact receiving service or have contracted to
receive service from an alternative electric supplier. A customer
who fails to certify will be treated as a returning customer under
subsection (3). A customer who does not elect to receive electric
generation service from an alternative electric supplier is
entitled to receive standard tariff service from the electric
utility and is no longer eligible to receive electric generation
service from an alternative electric supplier. A customer who
elects to receive electric generation service from an alternative
electric supplier shall, subject to this section, no longer have
the right to receive standard tariff service from the electric
utility. Any customer who becomes a customer after the effective
date of the amendatory act that added this sentence is entitled to
receive standard tariff service from an electric utility and is not
eligible to receive electric generation service from an alternative
electric supplier.
(3) A customer who, pursuant to subsection (2), elects to
receive electric generation service from an alternative electric
supplier may subsequently provide notice to the electric utility of
the customer's desire to receive standard tariff service from the
electric utility. If an adequate and reliable amount of electricity
is reasonably available to the electric utility to serve the
returning load, that electric utility shall provide standard tariff
service to the customer within 90 days from the date of the
customer's notice. A customer returning to utility-supplied
generation service will be charged the standard tariff service rate
for generation service or the market price, whichever is higher,
for 1 year from the date of return before being eligible to receive
standard tariff service. Once a customer returns to utility-
supplied generation service, it is no longer eligible to receive
electric generation service from an alternative electric supplier.
(4) A customer who is receiving electric generation service
from an alternative electric supplier on the effective date of the
amendatory act that added this sentence pursuant to a contract that
commenced prior to August 1, 2007 and that has a term that extends
more than 90 days after the effective date of the amendatory act
that added this sentence, may, within that period, notify the
electric utility of its election to receive standard tariff service
from the electric utility at the conclusion of the term of its
existing contract with the alternative electric supplier. If an
adequate and reliable amount of electricity is reasonably available
to the electric utility to serve the returning load, an electric
utility receiving that notice shall offer standard tariff service
to that customer subject to the provisions set forth in subsection
(2), effective upon the conclusion of the term of the customer's
existing contract with the alternative electric supplier. Once a
customer commences receipt of standard tariff service from the
utility, it is no longer eligible to receive electric generation
service from an alternative electric supplier.
(5) Within 30 days of the effective date of the amendatory act
that added this subsection, the commission shall prepare and
provide to electric utilities a description of the election
available to customers under this section, including a description
of the consequences to the customer of the election. Each electric
utility shall provide the description prepared by the commission to
each customer. Any information provided by alternative electric
suppliers or electric utilities to influence a customer's election
under this section shall be consistent with the description
prepared by the commission.
(6) As used in this section:
(a) "Customer" means the building or facilities served through
a single existing electric billing meter and does not mean the
person, corporation, partnership, association, governmental body,
or other entity owning or having possession of the building or
facilities.
(b) "Market price" means the prevailing price for electric
energy available in the regional wholesale market as determined by
the commission.
(c) "Standard tariff service" means, for each regulated
electric utility, the retail rates, terms, and conditions of
service approved by the commission for service to customers who do
not elect to receive electric generation service from alternative
electric suppliers.
Sec.
10a. (1) No later than January
1, 2002, the commission
shall
issue orders establishing the rates, terms, and conditions of
service
that allow all retail customers of an electric utility or
provider
to choose an alternative electric supplier. The orders
shall
provide for full recovery of a utility's net stranded costs
and
implementation costs as determined by the commission.
(1) (2)
The commission shall issue orders
establishing a
licensing procedure for all alternative electric suppliers. To
ensure adequate service to customers in this state, the commission
shall require that an alternative electric supplier maintain an
office within this state, shall assure that an alternative electric
supplier has the necessary financial, managerial, and technical
capabilities, shall require that an alternative electric supplier
maintain records which the commission considers necessary, and
shall ensure an alternative electric supplier's accessibility to
the commission, to consumers, and to electric utilities in this
state. The commission also shall require alternative electric
suppliers to agree that they will collect and remit to local units
of government all applicable users, sales, and use taxes. An
alternative electric supplier is not required to obtain any
certificate, license, or authorization from the commission other
than as required by this act.
(2) (3)
The commission shall issue orders
to ensure that
customers in this state are not switched to another supplier or
billed for any services without the customer's consent.
(3) The commission shall allow an electric utility that
provided retail open access service from 2002 through the effective
date of the amendatory act that added this sentence to recover its
restructuring costs and any associated accrued regulatory assets.
This includes, but is not limited to, implementation costs,
stranded costs, and costs authorized pursuant to section 10d(4) as
it existed prior to the effective date of the amendatory act that
added this sentence, that have been authorized for recovery by the
commission in orders issued prior to the effective date of the
amendatory act that added this sentence. The recovery shall be
accomplished through a continuation of the currently authorized
surcharges for those costs, except that the commission shall ensure
that recovery is completed no later than 60 months following the
effective date of the amendatory act that added this sentence.
(4) No later than December 2, 2000, the commission shall
establish a code of conduct that shall apply to all electric
utilities. The code of conduct shall include, but is not limited
to, measures to prevent cross-subsidization, information sharing,
and preferential treatment, between a utility's regulated and
unregulated services, whether those services are provided by the
utility or the utility's affiliated entities. The code of conduct
established under this subsection shall also be applicable to
electric utilities and alternative electric suppliers consistent
with section 10, this section, and sections 10b through 10cc.
(5) An electric utility may offer its customers an appliance
service program. Except as otherwise provided by this section, the
utility shall comply with the code of conduct established by the
commission under subsection (4). As used in this section,
"appliance service program" or "program" means a subscription
program for the repair and servicing of heating and cooling systems
or other appliances.
(6) A utility offering a program under subsection (5) shall do
all of the following:
(a) Locate within a separate department of the utility or
affiliate within the utility's corporate structure the personnel
responsible for the day-to-day management of the program.
(b) Maintain separate books and records for the program,
access to which shall be made available to the commission upon
request.
(c) Not promote or market the program through the use of
utility billing inserts, printed messages on the utility's billing
materials, or other promotional materials included with customers'
utility bills.
(7) All costs directly attributable to an appliance service
program allowed under subsection (5) shall be allocated to the
program as required by this subsection. The direct and indirect
costs of employees, vehicles, equipment, office space, and other
facilities used in the appliance service program shall be allocated
to the program based upon the amount of use by the program as
compared to the total use of the employees, vehicles, equipment,
office space, and other facilities. The cost of the program shall
include administrative and general expense loading to be determined
in the same manner as the utility determines administrative and
general expense loading for all of the utility's regulated and
unregulated activities. A subsidy by a utility does not exist if
costs allocated as required by this subsection do not exceed the
revenue of the program.
(8) A utility may include charges for its appliance service
program on its monthly billings to its customers if the utility
complies with all of the following requirements:
(a) All costs associated with the billing process, including
the postage, envelopes, paper, and printing expenses, are allocated
as required under subsection (7).
(b) A customer's regulated utility service is not terminated
for nonpayment of the appliance service program portion of the
bill.
(c) Unless the customer directs otherwise in writing, a
partial payment by a customer is applied first to the bill for
regulated service.
(9) In marketing its appliance service program to the public,
a utility shall do all of the following:
(a) The list of customers receiving regulated service from the
utility shall be available to a provider of appliance repair
service upon request within 2 business days. The customer list
shall be provided in the same electronic format as such information
is provided to the appliance service program. A new customer shall
be added to the customer list within 1 business day of the date the
customer requested to turn on service.
(b) Appropriately allocate costs as required under subsection
(7) when personnel employed at a utility's call center provide
appliance service program marketing information to a prospective
customer.
(c) Prior to enrolling a customer into the program, the
utility shall inform the potential customer of all of the
following:
(i) That appliance service programs may be available from
another provider.
(ii) That the appliance service program is not regulated by the
commission.
(iii) That a new customer shall have 10 days after enrollment to
cancel his or her appliance service program contract without
penalty.
(iv) That the customer's regulated rates and conditions of
service provided by the utility are not affected by enrollment in
the program or by the decision of the customer to use the services
of another provider of appliance repair service.
(d) The utility name and logo may be used to market the
appliance service program provided that the program is not marketed
in conjunction with a regulated service. To the extent that a
program utilizes the utility's name and logo in marketing the
program, the program shall include language on all material
indicating that the program is not regulated by the commission.
Costs shall not be allocated to the program for the use of the
utility's name or logo.
(10) This section does not prohibit the commission from
requiring a utility to include revenues from an appliance service
program in establishing base rates. If the commission includes the
revenues of an appliance service program in determining a utility's
base rates, the commission shall also include all of the costs of
the program as determined under this section.
(11) Except as otherwise provided in this section, the code of
conduct with respect to an appliance service program shall not
require a utility to form a separate affiliate or division to
operate an appliance service program, impose further restrictions
on the sharing of employees, vehicles, equipment, office space, and
other facilities, or require the utility to provide other providers
of appliance repair service with access to utility employees,
vehicles, equipment, office space, or other facilities.
(12)
The orders issued by the commission before June 5, 2000
that
allow customers of an electric utility to choose an
alternative
electric supplier, including orders that determine and
authorize
recovery of net stranded costs and implementation costs
and
that confirm any voluntary commitments of electric utilities,
are
in compliance with this act and enforceable by the commission.
An
electric utility that has not had voluntary commitments to
provide
customer choice previously approved by orders of the
commission
shall file a restructuring plan to allow customers to
choose
an alternative electric supplier no later than the date
ordered
by the commission. The plan shall propose a methodology to
determine
the electric utility's net stranded costs and
implementation
costs.
(12) (13)
This act does not prohibit or limit
the right of a
person to obtain self-service power and does not impose a
transition, implementation, exit fee, or any other similar charge
on self-service power. A person using self-service power is not an
electric supplier, electric utility, or a person conducting an
electric utility business. As used in this subsection, "self-
service power" means any of the following:
(a) Electricity generated and consumed at an industrial site
or contiguous industrial site or single commercial establishment or
single residence without the use of an electric utility's
transmission and distribution system.
(b) Electricity generated primarily by the use of by-product
fuels, including waste water solids, which electricity is consumed
as part of a contiguous facility, with the use of an electric
utility's transmission and distribution system, but only if the
point or points of receipt of the power within the facility are not
greater than 3 miles distant from the point of generation.
(c) A site or facility with load existing on June 5, 2000 that
is divided by an inland body of water or by a public highway, road,
or street but that otherwise meets this definition meets the
contiguous requirement of this subdivision regardless of whether
self-service power was being generated on June 5, 2000.
(d) A commercial or industrial facility or single residence
that meets the requirements of subdivision (a) or (b) meets this
definition whether or not the generation facility is owned by an
entity different from the owner of the commercial or industrial
site or single residence.
(13) (14)
This act does not prohibit or limit
the right of a
person to engage in affiliate wheeling and does not impose a
transition, implementation, exit fee, or any other similar charge
on a person engaged in affiliate wheeling. As used in this section:
(a) "Affiliate" means a person or entity that directly, or
indirectly through 1 or more intermediates, controls, is controlled
by, or is under common control with another specified entity. As
used in this subdivision, "control" means, whether through an
ownership, beneficial, contractual, or equitable interest, the
possession, directly or indirectly, of the power to direct or to
cause the direction of the management or policies of a person or
entity or the ownership of at least 7% of an entity either directly
or indirectly.
(b) "Affiliate wheeling" means a person's use of direct access
service where an electric utility delivers electricity generated at
a person's industrial site to that person or that person's
affiliate at a location, or general aggregated locations, within
this state that was either 1 of the following:
(i) For at least 90 days during the period from January 1, 1996
to October 1, 1999, supplied by self-service power, but only to the
extent of the capacity reserved or load served by self-service
power during the period.
(ii) Capable of being supplied by a person's cogeneration
capacity within this state that has had since January 1, 1996 a
rated capacity of 15 megawatts or less, was placed in service
before December 31, 1975, and has been in continuous service since
that date. A person engaging in affiliate wheeling is not an
electric supplier, an electric utility, or conducting an electric
utility business when a person engages in affiliate wheeling.
(14) (15)
The rights of parties to existing
contracts and
agreements in effect as of January 1, 2000 between electric
utilities and qualifying facilities, including the right to have
the charges recovered from the customers of an electric utility, or
its successor, shall not be abrogated, increased, or diminished by
this act, nor shall the receipt of any proceeds of the
securitization bonds by an electric utility be a basis for any
regulatory disallowance. Further, any securitization or financing
order issued by the commission that relates to a qualifying
facility's power purchase contract shall fully consider that
qualifying facility's legal and financial interests.
(16)
The commission shall, after a contested case proceeding,
issue
annually an order approving for each electric utility a true-
up
adjustment to reconcile any overcollections or undercollections
of
the preceding 12 months to ensure the recovery of all amounts of
net
stranded costs. The rates for customers remaining with an
incumbent
electric utility will not be affected by the true-up
process
under this subsection. The commission shall review the
electric
utility's stranded cost recovery charges and
securitization
charges implemented for the preceding 12 months, and
adjust
the stranded cost recovery charge, by way of supplemental
surcharges
or credits, to allow the netting of stranded costs.
(17)
The commission shall consider the reasonableness and
appropriateness
of various methods to determine net stranded costs,
including,
but not limited to, all of the following:
(a)
Evaluating the relationship of market value to the net
book
value of generation assets and purchased power contracts.
(b)
Evaluating net stranded costs based on the market price of
power
in relation to prices assumed by the commission in prior
orders.
(c)
Any other method the commission considers appropriate.
(18)
The true-up adjustment adopted under subsection (16)
shall
not result in a modification to the securitization charge.
The
commission shall not adjust or change in any manner
securitization
charges authorized by the commission in a financing
order
issued under section 10i as a result of its review and any
action
taken under subsection (16).
(19)
After the time period described in section 10d(2), the
rates
for retail customers that remain with or leave and later
return
to the incumbent electric utility shall be determined in the
same
manner as the rates were determined before the effective date
of
this section.
Sec. 10b. (1) The commission shall establish rates, terms, and
conditions of electric service that promote and enhance the
development of new generation, transmission, and distribution
technologies.
(2)
No later than 1 year from the effective date of the
amendatory
act that added this section June
5, 2000, each electric
utility shall file an application with the commission to unbundle
its existing commercial and industrial rate schedules and
separately identify and charge for their discrete services. No
earlier
than 1 year from the effective date of the amendatory act
that
added this section June 5,
2000, the commission may order the
electric utility to file an application to unbundle existing
residential rate schedules. The commission may allow the unbundled
rates to be expressed on residential billings in terms of
percentages in order to simplify residential billing. The
commission shall allow recovery by electric utilities of all just
and reasonable costs incurred by electric utilities to implement
and administer the provisions of this subsection.
(3) The orders issued under this act shall include, but are
not limited to, the providing of reliable and lower cost
competitive rates for all customers in this state.
(4) An electric utility is obligated, with commission
oversight, to provide standby generation service for open access
load on a best efforts basis until December 31, 2001 or the date
established under section 10d(2) as it existed prior to the
effective date of the amendatory act that added this sentence,
whichever is later. The pricing for the electric generation standby
service is equal to the retail market price of comparable standby
service allowed under subsection (5). An electric utility is not
required to interrupt firm off-system sales or firm service
customers to provide standby generation service. Until the date
established under section 10d(2) as it existed prior to the
effective date of the amendatory act that added this sentence,
standby generation service shall continue to be provided to nonopen
access customers under regulated tariffs.
(5) The methodology for identifying the retail market price
for electric generation service to be applied under this section
shall be determined by the commission based upon market indices
commonly relied upon in the electric generation industry, adjusted
as appropriate to reflect retail market prices in the relevant
market.
Sec.
10c. (1) Except for a violation under section 10a(3)
10a(2) and as otherwise provided under this section, upon a
complaint or on the commission's own motion, if the commission
finds, after notice and hearing, that an electric utility or an
alternative electric supplier has not complied with a provision or
order issued under sections 10 through 10bb, the commission shall
order such remedies and penalties as necessary to make whole a
customer or other person who has suffered damages as a result of
the violation, including, but not limited to, 1 or more of the
following:
(a) Order the electric utility or alternative electric
supplier to pay a fine for the first offense of not less than
$1,000.00 or more than $20,000.00. For a second offense, the
commission shall order the person to pay a fine of not less than
$2,000.00 or more than $40,000.00. For a third and any subsequent
offense, the commission shall order the person to pay a fine of not
less than $5,000.00 or more than $50,000.00.
(b) Order a refund to the customer of any excess charges.
(c) Order any other remedies that would make whole a person
harmed, including, but not limited to, payment of reasonable
attorney fees.
(d) Revoke the license of the alternative electric supplier if
the commission finds a pattern of violations.
(e) Issue cease and desist orders.
(2) Upon a complaint or the commission's own motion, the
commission may conduct a contested case to review allegations of a
violation
under section 10a(3) 10a(2).
(3) If the commission finds that a person has violated section
10a(3)
10a(2), the commission shall order remedies and penalties
to
protect customers and other persons who have suffered damages as a
result of the violation, including, but not limited to, 1 or more
of the following:
(a) Order the person to pay a fine for the first offense of
not less than $20,000.00 or more than $30,000.00. For a second and
any subsequent offense, the commission shall order the person to
pay a fine of not less than $30,000.00 or more than $50,000.00. If
the commission finds that the second or any of the subsequent
offenses
were knowingly made in violation of section 10a(3) 10a(2),
the commission shall order the person to pay a fine of not more
than $70,000.00. Each unauthorized action made in violation of
section
10a(3) 10a(2) shall be a separate offense under this
subdivision.
(b) Order an unauthorized supplier to refund to the customer
any amount greater than the customer would have paid to an
authorized supplier.
(c) Order an unauthorized supplier to reimburse an authorized
supplier an amount equal to the amount paid by the customer that
should have been paid to the authorized supplier.
(d) Order the refund of any amounts paid by the customer for
unauthorized services.
(e) Order a portion between 10% to 50% of the fine ordered
under subdivision (a) be paid directly to the customer who suffered
the
violation under section 10a(3) 10a(2).
(f) If the person is licensed under this act, revoke the
license if the commission finds a pattern of violations of section
10a(3)
10a(2).
(g) Issue cease and desist orders.
(4) Notwithstanding subsection (3), a fine shall not be
imposed
for a violation of section 10a(3) 10a(2) if the supplier
has
otherwise fully complied with section 10a(3) 10a(2) and
shows
that the violation was an unintentional and bona fide error which
occurred notwithstanding the maintenance of procedures reasonably
adopted to avoid the error. Examples of a bona fide error include
clerical, calculation, computer malfunction, programming, or
printing errors. An error in legal judgment with respect to a
supplier's
obligations under section 10a(3) 10a(2) is not a bona
fide error. The burden of proving that a violation was an
unintentional and bona fide error is on the supplier.
(5) If the commission finds that a party's position in a
complaint filed under subsection (2) is frivolous, the commission
shall award to the prevailing party their costs, including
reasonable attorney fees, against the nonprevailing party and their
attorney.
Sec.
10d. (1) Except as otherwise provided under subsection
(3)
or unless otherwise reduced by the commission under subsection
(5),
the commission shall establish the residential rates for each
electric
utility with 1,000,000 or more retail customers in this
state
as of May 1, 2000 that will result in a 5% rate reduction
from
the rates that were authorized or in effect on May 1, 2000.
Notwithstanding
any other provision of law or commission order,
rates
for each electric utility with 1,000,000 or more retail
customers
established under this subsection become effective on
June 5, 2000 and remain in effect until December 31, 2003 and all
other
electric retail rates of an electric utility with 1,000,000
or
more retail customers authorized or in effect as of May 1, 2000
shall
remain in effect until December
31, 2003.
(2)
On and after December 31, 2003, rates for an electric
utility
with 1,000,000 or more retail customers in this state as of
May 1, 2000 shall not be increased until the earlier of December
31,
2013 or until the commission determines, after notice and
hearing,
that the utility meets the market test under section 10f
and
has completed the transmission expansion provided for in the
plan
required under section 10v. The rates for commercial or
manufacturing
customers of an electric utility with 1,000,000 or
more
retail customers with annual peak demands of less than 15
kilowatts
shall not be increased before January
1, 2005. There
shall
be no cost shifting from customers with capped rates to
customers
without capped rates as a result of this section. In no
event
shall residential rates be increased before January 1, 2006
above
the rates established under subsection (1).
(3)
Subsections (1) and (2) do not apply to rates or charges
authorized
by the commission under subsection (13).
(4)
Beginning January 1, 2004, annual return of and on capital
expenditures
in excess of depreciation levels incurred during and
before
the time period described in subsection (2), and expenses
incurred
as a result of changes in taxes, laws, or other state or
federal
governmental actions incurred by electric utilities during
the
period described in subsection (2), shall be accrued and
deferred
for recovery. After notice and hearing, the commission
shall
determine the amount of reasonable and prudent costs, if any,
to
be recovered and the recovery period, which shall not exceed 5
years,
and shall not commence until after the expiration of the
period
described in subsection (2).
(5)
If the commission authorizes an electric utility to use
securitization
financing under section 10i, any savings resulting
from
securitization shall be used to reduce retail electric rates
from
those authorized or in effect as of May 1, 2000 as required
under
subsection (1). A rate reduction under this subsection shall
not
be less than the 5% required under subsection (1). The
financing
order may provide that a utility shall only issue
securitization
bonds in an amount equal to or less than requested
by
the utility, but the commission shall not preclude the issuance
of
an amount of securitization bonds sufficient to fund the rate
reduction
required under subsection (1).
(6)
Except for savings assigned to the low-income and energy
efficiency
fund under subsection (7), securitization savings
greater
than those used to achieve the 5% rate reduction under
subsection
(1) shall be allocated by the commission to further rate
reductions
or to reduce the level of any charges authorized by the
commission
to recover an electric utility's stranded costs. The
commission
shall allocate approved securitization, transition,
stranded,
and other related charges and credits in a manner that
does
not result in a reallocation of cost responsibility among the
different
customer classes.
(7)
If securitization savings exceed the amount needed to
achieve
a 5% rate reduction for all customers, then, for a period
of
6 years, 100% of the excess savings, up to 2% of the electric
utility's
commercial and industrial revenues, shall be allocated to
the
low-income and energy efficiency fund administered by the
commission.
The commission shall establish standards for the use of
the
fund to provide shut-off and other protection for low-income
customers
and to promote energy efficiency by all customer classes.
The
commission shall issue a report to the legislature and the
governor
every 2 years regarding the effectiveness of the fund.
(8)
Except as provided under subsection (3), until the end of
the
period described in subsection (2), the commission shall not
authorize
any fees or charges that will cause the residential rate
reduction
required under subsection (1) to be less than 5%.
(1) (9)
If an electric utility serving less
than 1,000,000
retail customers in this state as of May 1, 2000 issues
securitization bonds as allowed under this act, it shall have the
same rights, duties, and obligations under this section as an
electric utility serving 1,000,000 or more retail customers in this
state as of May 1, 2000.
(2) (10)
The commission shall take the
necessary steps to
ensure that all electrical power generating facilities in this
state comply with all rules, regulations, and standards of the
federal environmental protection agency regarding mercury
emissions.
(3) (11)
A covered utility may apply to the
commission to
recover enhanced security costs for an electric generating facility
through a security recovery factor. If the commission action under
subsection
(13) (5) is approval of a security recovery factor, the
covered utility may recover those enhanced security costs.
(4) (12)
The commission shall require that
notice of the
application
filed under subsection (11) (3)
be published by the
covered utility within 30 days from the date the application was
filed. The initial hearing by the commission shall be held within
20 days of the date the notice was published in newspapers of
general circulation in the service territory of the covered
utility.
(5) (13)
The commission may issue an order
approving,
rejecting, or modifying the security recovery factor. If the
commission issues an order approving a security recovery factor,
that order shall be issued within 120 days of the initial hearing
required
under subsection (12) (4). In determining the security
recovery factor, the commission shall only include costs that the
commission determines are reasonable and prudent and that are
jurisdictionally assigned to retail customers of the covered
utility in this state. The costs included shall be net of any
proceeds that have been or will be received from another source,
including, but not limited to, any applicable insurance settlements
received by the covered utility or any grants or other emergency
relief from federal, state, or local governmental agencies for the
purpose of defraying enhanced security costs. In its order, the
commission shall designate a period for recovery of enhanced
security costs, including a reasonable return on the unamortized
balance, over a period not to exceed 5 years. The security recovery
factor shall not be less than zero.
(6) (14)
Within 60 days of the effective
date of the
amendatory
act that added this subsection December 20, 2002, the
commission shall by order prescribe the form for the filing of an
application
for a security recovery factor under subsection (11)
(3). If the commission or its designee determines that a filing is
incomplete, it shall notify the covered utility within 10 days of
the filing.
(7) (15)
Records or other information
supplied by the covered
utility in an application for recovery of security costs under
subsection
(11) (3) that describe security measures, including, but
not limited to, emergency response plans, risk planning documents,
threat assessments, domestic preparedness strategies, and other
plans for responding to acts of terrorism are not subject to the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and
shall be treated as confidential by the commission.
(8) (16)
The commission shall issue
protective orders as are
necessary to protect the information found by the commission to be
confidential under this section.
(9) (17)
As used in this section:
(a) "Act of terrorism" means a willful and deliberate act that
is all of the following:
(i) An act that would be a violent felony under the laws of
this state, whether or not committed in this state.
(ii) An act that the person knows or has reason to know is
dangerous to human life.
(iii) An act that is intended to intimidate or coerce a civilian
population or influence or affect the conduct of government or a
unit of government through intimidation or coercion.
(b)
"Covered utility" means an electric utility subject to the
rate
freeze provisions of subsection (1), the rate cap provisions
of
subsection (2), with
1,000,000 or more retail customers in this
state as of May 1, 2000 or an electric utility subject to the rate
provisions of commission orders in case numbers U-11181-R and U-
12204.
(c) "Enhanced security costs" means reasonable and prudent
costs of new and enhanced security measures incurred before January
1, 2006 for an electric generating facility by a covered utility
that are required by federal or state regulatory security
requirements issued after September 11, 2001 or determined to be
necessary by the commission to provide reasonable security from an
act of terrorism. Enhanced security costs include increases in the
cost of insurance that are attributable to an increased terror
related risk and the costs of maintaining or restoring electric
service as the result of an act of terrorism.
(d) "Security recovery factor" means an unbundled charge for
all retail customers, except for customers of alternative electric
suppliers, to recover enhanced security costs that have been
approved by the commission.
Sec. 10e. (1) An electric utility shall take all necessary
steps to ensure that merchant plants are connected to the
transmission and distribution systems within their operational
control. If the commission finds, after notice and hearing, that an
electric utility has prevented or unduly delayed the ability of the
plant to connect to the facilities of the utility, the commission
shall order remedies designed to make whole the merchant plant,
including, but not limited to, reasonable attorney fees. The
commission may also order fines of not more than $50,000.00 per day
that the electric utility is in violation of this subsection.
(2) A merchant plant may sell its capacity to alternative
electric suppliers, electric utilities, municipal electric
utilities, retail customers, or other persons. A merchant plant
making sales to retail customers is an alternative electric
supplier
and shall obtain a license under section 10a(2) 10a(1).
(3) The commission shall establish standards for the
interconnection of merchant plants with the transmission and
distribution systems of electric utilities. The standards shall not
require an electric utility to interconnect with generating
facilities with a capacity of less than 100 kilowatts for parallel
operations. The standards shall be consistent with generally
accepted industry practices and guidelines and shall be established
to ensure the reliability of electric service and the safety of
customers, utility employees, and the general public. The merchant
plant will be responsible for all costs associated with the
interconnection unless the commission has otherwise allocated the
costs and provided for cost recovery.
(4) This section does not apply to interconnections or
transactions that are subject to the jurisdiction of the federal
energy regulatory commission.
Sec. 10g. (1) As used in sections 10 through 10bb:
(a) "Alternative electric supplier" means a person selling
electric generation service to retail customers in this state.
Alternative electric supplier does not include a person who
physically delivers electricity directly to retail customers in
this state. An alternative electric supplier is not a public
utility.
(b) "Commission" means the Michigan public service commission
in
the department of consumer and industry services created in
section 1.
(c) "Electric utility" means that term as defined in section 2
of the electric transmission line certification act, 1995 PA 30,
MCL 460.562.
(d) "Merchant plant" means electric generating equipment and
associated facilities with a capacity of more than 100 kilowatts
located in this state that are not owned and operated by an
electric utility.
(e) "Relevant market" means either the Upper Peninsula or the
Lower Peninsula of this state.
(f) "Renewable energy source" means energy generated by solar,
wind, geothermal, biomass, including waste-to-energy and landfill
gas, or hydroelectric.
(2) A school district aggregating electricity for school
properties or an exclusive aggregator for public or private school
properties is not an electric utility or a public utility for the
purpose of that aggregation.
Sec. 10p. (1) Each electric utility operating in this state
shall establish an industry worker transition program that shall,
in consultation with employees or applicable collective bargaining
representatives, provide skills upgrades, apprenticeship and
training programs, voluntary separation packages consistent with
reasonable business practices, and job banks to coordinate and
assist placement of employees into comparable employment at no less
than the wage rates and substantially equivalent fringe benefits
received before the transition.
(2)
Stranded costs shall include audited and verified
employee-related
restructuring costs that are incurred as a result
of
the amendatory act that added this section or as a result of
prior
commission restructuring orders, including employee severance
costs,
employee retraining programs, early retirement programs,
outplacement
programs, and similar costs and programs, that have
been
approved and found to be prudently incurred by the commission.
(2) (3)
In the event of a sale, purchase,
or any other
transfer of ownership of 1 or more Michigan divisions or business
units, or generating stations or generating units, of an electric
utility, to either a third party or a utility subsidiary, the
electric utility's contract and agreements with the acquiring
entity or persons shall require all of the following for a period
of at least 30 months:
(a) That the acquiring entity or persons hire a sufficient
number of nonsupervisory employees to safely and reliably operate
and maintain the station, division, or unit by making offers of
employment to the nonsupervisory workforce of the electric
utility's division, business unit, generating station, or
generating unit.
(b) That the acquiring entity or persons not employ
nonsupervisory employees from outside the electric utility's
workforce unless offers of employment have been made to all
qualified nonsupervisory employees of the acquired business unit or
facility.
(c) That the acquiring entity or persons have a dispute
resolution mechanism culminating in a final and binding decision by
a neutral third party for resolving employee complaints or disputes
over wages, fringe benefits, and working conditions.
(d) That the acquiring entity or persons offer employment at
no less than the wage rates and substantially equivalent fringe
benefits and terms and conditions of employment that are in effect
at the time of transfer of ownership of the division, business
unit, generating station, or generating unit. The wage rates and
substantially equivalent fringe benefits and terms and conditions
of employment shall continue for at least 30 months from the time
of the transfer of ownership unless the employees, or where
applicable collective bargaining representative, and the new
employer mutually agree to different terms and conditions of
employment within that 30-month period.
(3) (4)
The electric utility shall offer a
transition plan to
those employees who are not offered jobs by the entity because the
entity has a need for fewer workers. If there is litigation
concerning the sale, or other transfer of ownership of the electric
utility's divisions, business units, generating stations, or
generating
units, the 30-month period under subsection (3) will
begin
(2) begins on the date the acquiring entity or persons take
control or management of the divisions, business units, generating
stations, or generating units of the electric utility.
(4) (5)
The commission shall adopt
generally applicable
service quality and reliability standards for the transmission and
distribution systems of electric utilities and other entities
subject to its jurisdiction, including, but not limited to,
standards for service outages, distribution facility upgrades,
repairs and maintenance, telephone service, billing service,
operational reliability, and public and worker safety. In setting
service quality and reliability standards, the commission shall
consider safety, costs, local geography and weather, applicable
codes, national electric industry practices, sound engineering
judgment, and experience. The commission shall also include
provisions to upgrade the service quality of distribution circuits
that historically have experienced significantly below-average
performance in relationship to similar distribution circuits.
(5) (6)
Annually, each jurisdictional
utility or entity shall
file its report with the commission detailing actions to be taken
to comply with the service quality and reliability standards during
the next calendar year and its performance in relation to the
service quality and reliability standards during the prior calendar
year. The annual reports shall contain that data as required by the
commission.
(6) (7)
The commission shall analyze the
data to determine
whether the jurisdictional entities are properly operating and
maintaining their systems, assess the impact of deregulation on
reliability, and take corrective action if needed.
(7) (8)
The commission shall be is authorized
to levy
financial incentives and penalties upon any jurisdictional entity
which exceeds or fails to meet the service quality and reliability
standards.
Sec. 10r. (1) The commission shall establish minimum standards
for the form and content of all disclosures, explanations, or sales
information disseminated by a person selling electric service to
ensure that the person provides adequate, accurate, and
understandable information about the service that enables a
customer to make an informed decision relating to the source and
type of electric service purchased. The standards shall be
developed to do all of the following:
(a) Not be unduly burdensome.
(b) Not unnecessarily delay or inhibit the initiation and
development of competition for electric generation service in any
market.
(c) Establish different requirements for disclosures,
explanations, or sales information relating to different services
or similar services to different classes of customers, whenever
such
the different requirements are appropriate to carry out
the
purposes of this section.
(2)
Before January 1, 2002, the commission shall establish a
funding
mechanism for electric utilities and alternative electric
suppliers
to carry out an educational program for customers to do
all
of the following:
(a)
Inform customers of the changes in the provision of
electric
service, including, but not limited to, the availability
of
alternative electric suppliers.
(b)
Inform customers of the requirements relating to
disclosures,
explanations, or sales information for alternative
electric
suppliers.
(c)
Provide assistance to customers in understanding and using
the
information to make reasonably informed choices about which
service
to purchase and from whom to purchase it.
(2) (3)
The commission shall require that,
starting January 1,
2002, all electric suppliers disclose in standardized, uniform
format on the customer's bill with a bill insert, on customer
contracts, or, for cooperatives, in periodicals issued by an
association of rural electric cooperatives, information about the
environmental characteristics of electricity products purchased by
the customer, including all of the following:
(a) The average fuel mix, including categories for oil, gas,
coal, solar, hydroelectric, wind, biofuel, nuclear, solid waste
incineration, biomass, and other fuel sources. If a source fits
into the other category, the specific source must be disclosed. A
regional average, determined by the commission, may be used only
for that portion of the electricity purchased by the customer for
which the fuel mix cannot be discerned. For the purposes of this
subdivision, "biomass" means dedicated crops grown for energy
production and organic waste.
(b) The average emissions, in pounds per megawatt hour, sulfur
dioxide, carbon dioxide, and oxides of nitrogen. An emissions
default, determined by the commission, may be used if the regional
average fuel mix is being disclosed.
(c) The average of the high-level nuclear waste generated in
pounds per megawatt hour.
(d) The regional average fuel mix and emissions profile as
referenced
in subsection (3)(a) subdivisions
(a), (b), and (c).
(3) (4)
The information required by
subsection (3) (2) shall
be provided no more than twice annually, and be based on a rolling
annual average. Emissions factors will be based on annual publicly
available data by generation source.
(4) (5)
All of the information required to
be provided under
subsection (1) shall also be provided to the commission to be
included on the commission's internet site.
(5) (6)
The commission shall establish the Michigan
renewables
energy program. The program shall be designed to inform customers
in this state of the availability and value of using renewable
energy generation and the potential of reduced pollution. The
program shall also be designed to promote the use of existing
renewable energy sources and encourage the development of new
facilities.
Sec. 10x. (1) The commission shall not require a cooperative
electric utility to provide its retail customers the ability to
choose an alternative electric supplier before January 1, 2005, nor
unbundle its rates as required under section 10b before July 1,
2004. Any retail customer of a cooperative with a peak load of 1
megawatt or greater shall be provided the opportunity to choose an
alternative
electric supplier no later than January 1, 2002 as
provided in section 10.
(2) The commission shall not require a cooperative electric
utility or an independent investor-owned utility with fewer than 60
employees to maintain separate facilities, operations, or
personnel, used to deliver electricity to retail customers, provide
retail electric service, or to be an alternative electric supplier.
(3) Any debt service recovery charge, or other charge approved
by the commission for a cooperative electric utility serving
primarily at wholesale may, upon application by its member
cooperative or cooperatives, be assessed by and collected through
its member cooperative or cooperatives.
(4) The commission shall not prohibit a cooperative electric
utility from metering and billing its customers for electric
services provided by the cooperative electric utility.
(5)
A cooperative electric utility shall not be required to
provide
funding under section 10r(2) until July 1, 2004 or such
time
as it is providing choice to all of its retail customers,
whichever
is earlier.
Sec. 10y. (1) The governing body of a municipally owned
utility shall determine whether it will permit retail customers
receiving delivery service from the municipally owned utility the
opportunity of choosing an alternative electric supplier, subject
to the implementation of rates, charges, terms, and conditions
referred
to in subsection (7) (5).
(2) Except with the written consent of the municipally owned
utility, a person shall not provide delivery service or customer
account service to a retail customer that was receiving that
service
from a municipally owned utility as of the effective date
of
the amendatory act that added this section June 5, 2000, or is
receiving
the service from a municipally owned utility. and has the
opportunity
to choose an alternative electric supplier under terms
consistent
with this section. For purposes of
this subsection,
"customer" means the building or facilities served rather than the
individual, association, partnership, corporation, governmental
body, or any other entity taking service.
(3)
After December 31, 2007, subsection (2) does not apply if
the
governing body of the municipally owned utility does not permit
all
of its retail customers receiving delivery service from the
municipally
owned utility located outside of the boundaries of the
municipality
that owns the utility the opportunity to choose an
alternative
electric supplier.
(4)
If a municipally owned utility elects to provide electric
generation
service to retail customers receiving delivery service
from
an electric utility, all of the following apply:
(a)
The municipally owned utility shall provide all of its
retail
customers receiving delivery service from the municipally
owned
utility located outside of the boundaries of the municipality
that
owns the utility the opportunity of choosing an alternative
electric
supplier. The rates, charges, terms, and conditions of
delivery
service for customers choosing an alternative electric
supplier
shall be established by the governing body of the
municipally
owned utility as provided under subsection (7).
(b)
If a municipally owned utility and an electric utility
both
provide delivery service to retail customers in the same
municipality
located outside of the boundaries of the municipality
that
owns the municipal utility, then the municipally owned utility
shall
do 1 of the following:
(i) Make a filing as provided under subsection (5).
(ii) Enter into a written agreement as provided under
subsection
(6).
(c)
The municipally owned utility shall comply with orders
issued
pursuant to sections 10a(3), 10q, 10r, and 10t with respect
to
customers located outside of the municipality that owns the
municipally
owned utility. Upon a complaint or on the commission's
own
motion, if the commission finds, after notice and hearing, that
the
municipally owned utility has not complied with a provision or
order
issued under sections 10a(3), 10q, 10r, and 10t the
commission
shall order such remedies and penalties as necessary to
make
whole a customer or other person who has suffered damages as a
result
of the violation, including, but not limited to, 1 or more
of
the following:
(i) Order the municipally owned utility to pay a fine
of not
less
than $1,000.00 or more than $20,000.00 for the first offense
and
not less than $40,000.00 for a second and any subsequent
offense.
(ii) Order a refund to the customer of any excess
charges.
(iii) Order any other remedies that would make whole a
person
harmed,
including, but not limited to, payment of reasonable
attorney
fees.
(iv) Revoke the license of the municipally owned
utility if the
commission
finds a pattern of violations.
(v) Issue cease and desist orders.
(d)
The municipally owned utility may provide electric
generation
service to serve electric retail customers receiving
delivery
service from an electric utility up to an amount equal to
the
municipally owned utility's retail customer load that has the
opportunity
of choosing from an alternative electric supplier.
(e)
The municipally owned utility shall obtain a license under
section
10a(2). The commission shall issue a license unless it
determines
that the municipally owned utility has adopted rates,
charges,
terms, and conditions for delivery service that are unduly
discriminatory
or reflect recovery of stranded costs in an amount
considered
unjust and unreasonable by the commission. A municipally
owned
utility operating under a license issued by the commission
shall
notify the commission before modifying rates, charges, terms,
and
conditions for delivery services. This subsection does not
grant
the commission authority to set rates for a municipally owned
utility.
The commission, after notice and opportunity for hearing,
may
revoke a license issued to a municipally owned utility if it
determines
that the municipally owned utility is not in compliance
with
this subsection.
(3) (5)
With respect to any electric
utility regarding
delivery service to customers located outside of the municipal
boundaries of the municipality that owns the utility, a governing
body of a municipally owned utility may elect to operate in
compliance with R 460.3411 of the Michigan administrative code, as
in
effect on the effective date of the amendatory act that added
this
section June 5, 2000. However, compliance with R 460.3411(13)
of the Michigan administrative code is not required for the
municipally owned utility. Concurrent with the filing of an
election under this subsection with the commission, the municipally
owned utility shall serve a copy of the election on the electric
utility. Beginning 30 days after service of the copy of the
election, the electric utility shall, as to the electing
municipally owned utility, be subject to the terms of R 460.3411 of
the
Michigan administrative code as in effect on the effective date
of
the amendatory act that added this section June 5, 2000. The
commission shall decide disputes arising under this subsection
subject to judicial review and enforcement.
(4) (6)
A municipally owned utility and an
electric utility
that provides delivery service in the same municipality as the
municipally owned utility may enter into a written agreement to
define the territorial boundaries of each utility's delivery
service area and any other terms and conditions as necessary to
provide delivery service. The agreement is not effective unless
approved by the governing body of the municipally owned utility and
the commission. The governing body of the municipally owned utility
and the commission shall annually review and supervise compliance
with the terms of the agreement. At the request of a party to the
agreement, disputes arising under the agreement shall be decided by
the commission subject to judicial review and enforcement.
(5) (7)
If the governing body of a
municipally owned utility
establishes a program to permit any of its customers the
opportunity to choose an alternative electric supplier, the
governing body of the municipally owned utility shall have
exclusive jurisdiction to do all of the following:
(a) Set delivery service rates applicable to services provided
by the municipally owned utility that shall not be unduly
discriminatory.
(b) Determine the amount and types of, and recovery mechanism
for, stranded and transition costs that will be charged.
(c) Establish rules, terms of access, and conditions that it
considers appropriate for the implementation of a program to allow
customers the opportunity of choosing an alternative electric
supplier.
(6) (8)
Complaints alleging unduly
discriminatory rates or
other
noncompliance arising under subsection (7) (5) shall
be filed
in the circuit court for the county in which the municipally owned
utility
is located. Complaints arising under subsection (4) shall
be
decided by the commission subject to judicial review and
enforcement.
(7) (9)
This section does not prevent or
limit a municipally
owned utility from selling electricity at wholesale. A municipally
owned utility selling at wholesale is not considered to be an
alternative electric supplier and is not subject to regulation by
the commission.
(10)
If a municipally owned utility complies with subsection
(4)(a),
(b), and (e) and is a member of a joint agency established
under
the Michigan energy employment act of 1976, 1976 PA 448, MCL
460.801
to 460.848, it may with the consent of the joint agency
assign
to the joint agency an amount of load up to the amount that
it
is allowed to serve as an electric supplier under subsection
(4)(d),
for the purpose of allowing the joint agency the
opportunity
to sell retail electric generation as an electric
supplier,
if the joint agency complies with sections 10a(3), 10q,
10r,
and 10t and obtains a license under section 10a(2).
(8) (11)
This section shall not be construed
to impair the
contractual rights of a municipally owned utility or customer under
an existing contract.
(9) (12)
Contracts or other records
pertaining to the sale of
electricity by a municipally owned utility that are in the
possession of a public body and that contain specific pricing or
other confidential or proprietary information may be exempted from
public disclosure requirements by the governing body of a
municipally owned utility. Upon showing of good cause, disclosure
subject to appropriate confidentiality provisions may be ordered by
a court or the commission.
(10) (13)
This section does not affect the
validity of the
order relating to the terms and conditions of service in the
Traverse City area that was issued August 25, 1994, by the
commission at the request of consumers power company and the light
and power board of the city of Traverse City.
(11) (14)
Except as otherwise provided under subsections
(4)(c),
(4)(e), and (10), sections Sections
6l, 10 through 10x, and
10z through 10bb do not apply to a municipally owned utility.
(12) (15)
As used in this section:
(a) "Delivery service" means the providing of electric
transmission or distribution to a retail customer.
(b) "Municipality" means any city, village, or township.
(c) "Customer account services" means billing and collection,
provision of a meter, meter maintenance and testing, meter reading,
and other administrative activity associated with maintaining a
customer account.
(13) (16)
In the event that an entity
purchases 1 or more
divisions or business units, or generating stations or generating
units, of a municipal electric utility, the acquiring entity's
contract and agreements with the selling municipality shall require
all of the following for a period of at least 30 months:
(a) That the acquiring entity or persons hires a sufficient
number of employees to safely and reliably operate and maintain the
station, division, or unit by first making offers of employment to
the workforce of the municipal electric utility's division,
business unit, or generating unit.
(b) That the acquiring entity or persons not employ employees
from outside the municipal electric utility's workforce unless
offers of employment have been made to all qualified employees of
the acquired business unit or facility.
(c) That the acquiring entity or persons have a dispute
resolution mechanism culminating in a final and binding decision by
a neutral third party for resolving employee complaints or disputes
over wages, fringe benefits, and working conditions.
(d) That the acquiring entity or persons offer employment at
no less than the wage rates and substantially equivalent fringe
benefits and terms and conditions of employment that are in effect
at the time of transfer of ownership of the division, business
unit, generating station, or generating unit. The wage rates and
substantially equivalent fringe benefits and terms and conditions
of employment shall continue for at least 30 months from the time
of the transfer of ownership unless the employees, or where
applicable collective bargaining representative, and the new
employer mutually agree to different terms and conditions of the
employment within that 30-month period.
(e) An acquiring entity is exempt from the obligations in this
subsection if the selling municipality transfers all displaced
municipal electric utility employees to positions of employment
within the municipality at no less than the wage rates and
substantially equivalent fringe benefits and terms and conditions
of employment that are in effect at the time of transfer. The wage
rates and substantially equivalent fringe benefits and terms and
conditions of employment shall continue for at least 30 months from
the time of the transfer unless the employees, or where applicable
collective bargaining representative, and the municipality mutually
agree to different terms and conditions of the employment within
that 30-month period.
Enacting section 1. Section 10v of 1939 PA 3, MCL 460.10v, is
repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5521(request no.
04883'07 *).
(b) Senate Bill No.____ or House Bill No. 5522(request no.
04884'07 *).
(c) Senate Bill No.____ or House Bill No. 5520(request no.
04885'07 *).
(d) Senate Bill No.____ or House Bill No. 5523(request no.
05023'07 *).
(e) Senate Bill No.____ or House Bill No.____ (request no.
05570'07).
(f) Senate Bill No.____ or House Bill No.____ (request no.
05919'07).
(g) Senate Bill No.____ or House Bill No. 5525(request no.
05920'07).
(h) House Bill No. 5383.
(i) House Bill No. 5384.