HB-4655, As Passed Senate, November 10, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4655

     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,"

(MCL 460.1 to 460.11) by adding section 9m.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9m. (1) A provider shall notify the commission of any

shutoff of service that results in death or serious injury. A

provider shall supply to the commission any relevant information

regarding the death or serious injury, including, but not limited

to, the procedures followed during the shutoff.

     (2) Upon notification or the commission's own motion, the

commission may investigate any shutoff of service by a provider

that results in death or serious injury. After completing its

investigation, the commission may refer the matter to the attorney

general for commencement of a civil action under section 9p.

     (3) As used in this section, "provider" means a municipally

owned electric or natural gas utility.