S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *
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1 S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the application of ) CONSUMERS ENERGY COMPANY ) for approval of a power purchase agreement ) Case No. U amendment. ) ) At the November 8, 2018 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon. Sally A. Talberg, Chairman Hon. Norman J. Saari, Commissioner Hon. Rachael A. Eubanks, Commissioner ORDER CLOSING DOCKET On January 27, 2016, Consumers Energy Company (Consumers) filed an application requesting ex parte approval of contract amendments with: (1) Hillman Power Company, L.L.C. (Hillman); (2) Thornapple Association, Inc. (n/k/a Ada Hydro); and (3) White s Bridge Hydro Company (White s Bridge). Consumers request was filed pursuant to Section 6j(13)(b) of 1982 PA 304 (Act 304), MCL 460.6j(13)(b). All three amendments continued the contracts under their existing terms through May 31, On March 9, 2016, the Commission issued an order approving the contract extensions in compliance with the power supply cost recovery (PSCR) provisions of Act 304 for recovery through the utility s (PSCR) clause. On May 23, 2017, Consumers filed an application requesting ex parte approval of contract amendments with Hillman and White s Bridge to extend the contracts until July 31, On July
2 12, 2017, the Commission issued an order in Case No. U (July 12 order) in which: The Commission notes that the requests to extend the current contracts with Hillman and White s Bridge until July 31, 2017, have been filed in Case No. U In light of the Commission s decision to maintain the status quo until such time as the parties have reached agreements on new PPAs [power purchase agreements] based on new avoided costs, the Commission finds that approvals of contract extensions for White s Bridge and Hillman are unnecessary. July 12 order, p. 19. After the July 12 order, two additional orders have been issued in Case No. U to include contract amendments relevant to the PPAs previously requested in this docket, effectively removing the need for this docket. The Commission therefore finds that this docket should be closed. THEREFORE, IT IS ORDERED that this docket is closed. The Commission reserves jurisdiction and may issue further orders as necessary. Page 2 U-18027
3 Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, pursuant to MCL To comply with the Michigan Rules of Court s requirement to notify the Commission of an appeal, appellants shall send required notices to both the Commission s Executive Secretary and to the Commission s Legal Counsel. Electronic notifications should be sent to the Executive Secretary at mpscedockets@michigan.gov and to the Michigan Department of the Attorney General - Public Service Division at pungp1@michigan.gov. In lieu of electronic submissions, paper copies of such notifications may be sent to the Executive Secretary and the Attorney General - Public Service Division at 7109 W. Saginaw Hwy., Lansing, MI MICHIGAN PUBLIC SERVICE COMMISSION Sally A. Talberg, Chairman Norman J. Saari, Commissioner By its action of November 8, Rachael A. Eubanks, Commissioner Kavita Kale, Executive Secretary Page 3 U-18027
4 P R O O F O F S E R V I C E STATE OF MICHIGAN ) Case No. U County of Ingham ) Lisa Felice being duly sworn, deposes and says that on November 8, 2018 A.D. she electronically notified the attached list of this Commission Order via transmission, to the persons as shown on the attached service list (Listserv Distribution List). Subscribed and sworn to before me This 8th day of November 2018 Lisa Felice Angela P. Sanderson Notary Public, Shiawassee County, Michigan As acting in Eaton County My Commission Expires: May 21, 2024
5 Service List for Case: U Name Consumers Energy Company 1 of 2 Consumers Energy Company 2 of 2 Robert W. Beach Address mpsc.filings@cmsenergy.com matorrey@cmsenergy.com robert.beach@cmsenergy.com
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