SENATE BILL No. 446

May 1, 2001, Introduced by Senators DUNASKISS, SIKKEMA, SCHUETTE and HAMMERSTROM and referred to the Committee on Technology and Energy.

A bill to amend 1939 PA 3, entitled

"An act to provide for the regulation and control of public util-

ities and other services affected with a public interest within

this state; to provide for alternative energy suppliers; to pro-

vide 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 cer-

tain 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 facili-

ties; 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 reme-

dies and penalties; and to repeal acts and parts of acts,"

by amending section 10g (MCL 460.10g), as added by 2000 PA 141.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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1 Sec. 10g. (1) As used in sections 10 through 10bb:

2 (a) "Alternative electric supplier" means a person selling

3 electric generation service to retail customers in this state.

4 Alternative electric supplier does not include a person who phys-

5 ically delivers electricity directly to retail customers in this

6 state. AN ALTERNATIVE ELECTRIC SUPPLIER IS NOT A PUBLIC UTILITY.

7 (b) "Commission" means the Michigan public service commis-

8 sion in the department of consumer and industry services.

9 (c) "Electric utility" means that term as defined in section

10 2 of the electric transmission line certification act, 1995

11 PA 30, MCL 460.562.

12 (d) "Merchant plant" means electric generating equipment and

13 associated facilities with a capacity of more than 100 kilowatts

14 located in this state that are not owned and operated by an elec-

15 tric utility.

16 (e) "Relevant market" means either the Upper Peninsula or

17 the Lower Peninsula of this state.

18 (f) "Renewable energy source" means energy generated by

19 solar, wind, geothermal, biomass, including waste-to-energy and

20 landfill gas, or hydroelectric.

21 (2) A school district aggregating electricity for school

22 properties or an exclusive aggregator for public or private

23 school properties is not an electric utility or a public utility

24 for the purpose of that aggregation.

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