HB-4391, As Passed House, March 31, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4391
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 9f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9f. (1) A municipally owned electric or natural gas
utility or provider shall refund any late fees, fines, or payments
related to a shutoff or resumption of service if those late fees,
fines, or payments were improperly assessed because of the
municipally owned electric or natural gas utility's or the
provider's failure to provide notice as required by this act or the
provider's failure to provide notice in accordance with rules
promulgated by the commission.
(2) As used in this section, "provider" means an electric
utility, cooperative electric utility, or alternative electric
supplier, or a natural gas utility as defined in section 9.