John R Liskey Attorney At Law 921 N. Washington Ave Lansing, MI (voice) (fax)

Transcription

1 John R Liskey Attorney At Law 921 N. Washington Ave Lansing, MI (voice) (fax) john@liskeypllc.com October 2, 2018 Ms. Kavita Kale Executive Secretary Michigan Public Service Commission 7109 W. Saginaw Hwy Lansing, MI Re: Upper Peninsula Power Company 2018 Rate Case - MPSC Case No. U Dear Ms. Kale: Enclosed for filing in the above-referenced matter, please find an Appearance, Petition to Intervene and Certificate of Service. If you have any questions please do not hesitate to contact me. Very truly yours, Enclosure cc: All parties of Interest John R Liskey (P31580)

2 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the matter of the application of ) Case No. U UPPER PENINSULA POWER COMPANY ) for authority to increase retail electric rates. ) / Certificate of Service John R Liskey hereby certifies that on the 2nd day of October, 2018, he served a copy of Citizens Against Rate Excess Entry of Appearance in an Administrative Hearing, Petition to Intervene and Certificate of Service upon the parties listed on the attached service list at their respective addresses by . John R Liskey

3 Upper Peninsula Power Company Case No. U Service List Counsel for Upper Peninsula Power Company Sherri A. Wellman Paul M. Collins Miller Canfield Paddock & Stone P.L.C. One Michigan Ave., Suite 900 Lansing, MI Counsel for Michigan Public Service Commission Staff Amit. T. Singh Daniel E. Sonneveldt Emily A. Jefferson Assistant Attorney General 7109 W. Saginaw Hwy Lansing, MI Counsel for Verso Corporation Timothy J. Lundgren Varnum Law 201 N. Washington Square, Suite 910 Lansing, MI

4 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the matter of the application of ) Case No. U UPPER PENINSULA POWER COMPANY ) for authority to increase retail electric rates. ) / PETITION TO INTERVENE NOW COMES Citizens Against Rate Excess ( CARE or Petitioner ) to petition the Michigan Public Service Commission ( MPSC or Commission ) for leave to intervene in this matter and says: 1. This docket involves the application of Upper Peninsula Power Company ( UPPCO or Applicants ) for Commission approval to increase its retail electric rates. 2. Applicant is a Michigan corporation engaged in the generation, purchase, distribution and sale of electric energy to approximately 54,000 retail customers in 118 communities in the Upper Peninsula of Michigan, and that UPPCO is a jurisdictional regulated utility within the scope of MCL 460.6(q). 3. CARE is a Michigan nonprofit corporation organized to protect Michigan s residential ratepayers from unreasonable and unnecessary utility rate increases. 4. CARE has at least one member that is a residential electric customer of UPPCO and whose rates will be directly affected by the decision of the Commission in this matter. 5. CARE has a direct and vital interest in the issues raised in this docket because its member, a customer and ratepayer of UPPCO, is and will continue to be directly affected by the

5 matters at issue in this proceeding, including without limitation the application of UPPCO to increase its retail electric rates. 6. CARE requests leave to intervene in this matter pursuant to Rule 201 of the Rules of Practice and Procedure before the Commission, 1992 AACS, R , which states that [a] person who is not a complainant, respondent, protestant, applicant, or staff, as defined in these rules, and who claims an interest in a proceeding may petition for leave to intervene. CARE has at least one member as an electric customer of UPPCO and therefore CARE has representational standing as permitted by Commission practice. See Case No. U-13771, Proposal for Decision, pp (March 10, 2005, ALJ Sharon L. Feldman) (recognizing the Commission s traditional acceptance of citizen groups as ratepayer representatives, and citing to Friends of the Earth v Laidlaw Envts. Servs., 528 US 167 (2000) as an appropriate test for representational standing). 7. In deciding petitions to intervene, this Commission has repeatedly applied the twoprong test for standing set forth in Association of Data Processing Service Organizations, Inc. v Camp, 397 US 150; 90 S. Ct. 827; 250 L.Ed. 184 (1970). As set forth in Association of Data Processing, the twoprong test consists of a showing that: (1) the petitioner would likely suffer injury-in-fact (i.e. its interests are endangered or at issue); and (2) the petitioner s interests that are allegedly endangered are within the zone of interests to be protected or regulated by the statute under consideration. Petitioner meets the standing test because its member ratepayer has a direct interest in the matters of issue in the proceeding and this interest is within the zone of interest to be protected by the Commission s statutory jurisdiction over the acquisition of jurisdictional regulated utilities. 8. CARE states that it should be permitted to intervene in these proceedings and be given the opportunity to conduct discovery, cross-examine witnesses, present testimony, and generally advocate the positions of its members and constituencies with respect to all issues presented.

6 9. If the Commission denies Petitioner s intervention as of right, the Petitioner pleads in the alternative that the Commission should grant permissive intervention. See Case No. U-10150, p. 5 (Dec. 8, 1992 Order) (holding that an administrative agency can allow intervention whenever the resulting delay will likely be outweighed by the benefit of the intervenor s participation ). 10. Permissive intervention is warranted because Petitioner has member residential electric ratepayers throughout the state, and they would benefit from intervention in this proceeding to assure its members that legal precedents adverse to the interests of residential ratepayers are not established and which could then be relied on in other proceedings. 11. Petitioner may retain an expert witness for this proceeding, and his review and testimony relative to the Company s application will be useful to the Commission in rendering a final decision. WHEREFORE, for all of these reasons, Citizens Against Rate Excess requests that the Michigan Public Service Commission grant this petition for leave to intervene and enter its notice of intervention into the official record of the captioned case and treat it as a party to these proceedings for all purposes. Dated: October 2, 2018 Respectfully Submitted, Citizens Against Rate Excess, a Michigan nonprofit corporation John R. Liskey (P31580) John R Liskey Attorney At Law PLLC 921 N. Washington Avenue Lansing, MI john@liskeypllc.com (voice) (fax)

7 MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS PUBLIC SERVICE COMMISSION ENTRY OF APPEARANCE IN AN ADMINISTRATIVE HEARING This form is issued as provided for by 1939 PA 3, as amended, and by 1933 PA 254, as amended. The filing of this form, or an acceptable alternative, is necessary to ensure subsequent service of any hearing notices, Commission orders, and related hearing documents. General Instructions: Type or print legibly in ink. For assistance or clarification, please contact the Public Service Commission at (517) Please Note: The Commission will provide electronic service of documents to all parties in this proceeding. THIS APPEARANCE TO BE ENTERED IN ASSOCIATION WITH THE ADMINISTRATIVE HEARING: Case / Company Name: Docket No. Please enter my appearance in the above-entitled matter on behalf of: 1. (Name) 2. (Name) 3. (Name) 4. (Name) 5. (Name) 6. (Name) 7. (Name) Name Address City State Zip Phone ( ) I am not an attorney I am an attorney whose: Michigan Bar # is P- Bar # is: ( state ) Date Signature: Save Form EAHR1-09/29/2016