May 29, Ms. Kavita Kale Executive Secretary Michigan Public Service Commission 7109 W. Saginaw Highway Lansing, MI 48917

Transcription

1 JAMES A. RUGGIERI* JAMES T. HORNSTEIN* PAUL S. CALLAGHAN* SUSAN PEPIN FAY* PETER E. GARVEY** STEPHEN P. COONEY* COURTNEY L. MANCHESTER* J. DAVID FREEL* KRISTINA I. HULTMAN* GREGORY M. TUMOLO* KURT A. ROCHA ** BRIAN W. HAYNES LARISSA B. DELISI* JAMES H. HIGGINS, JR JOSEPH V. CAVANAGH JOHN P. COONEY, JR *Also Admitted in MA **Also Admitted in CT & MA ***Also Admitted in MA & MI Also Admitted in NJ Admitted in MA OF COUNSEL GERALD C. DEMARIA* CHARLES A. HAMBLY, JR. STEPHEN B. LANG MELISSA M. HORNE*** May 29, 2018 Ms. Kavita Kale Executive Secretary Michigan Public Service Commission 7109 W. Saginaw Highway Lansing, MI Re: MPSC Dear Ms. Kale: Attached for electronic filing in the above-referenced matter, please find Petition to Intervene of Wal-Mart Stores East, LP, and Sam s East, Inc., and Proof of Service. If you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, MMH/amd Enclosures Melissa M. Horne mhorne@hcc-law.com

2 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION IN THE MATTER OF THE APPLICATION OF CONSUMERS ENERGY COMPANY FOR AUTHORITY TO INCREASE ITS RATES FOR THE GENERATION AND DISTRIBUTION OF ELECTRICITY AND FOR OTHER RELIEF CASE NO. U (Paperless e-file ALJ Hon. Sharon L. Feldman AND SAM S EAST, INC. Wal-Mart Stores East, LP and Sam s East, Inc. (collectively Walmart respectfully request that they be allowed to intervene in this cause as full parties of record pursuant to the Commission s rules of practice and procedure. In support of this petition Walmart states as follows: 1 Wal-Mart Stores East, LP, is a Delaware Limited Partnership authorized to do business in Michigan. Sam s East, Inc., is an Arkansas corporation also authorized to do business in Michigan. The business address of both entities is: Sam M. Walton Development Complex, 2001 SE 10th Street, Bentonville, AR Walmart requests that copies of all notices, pleadings, orders, correspondence and other communications be directed to and served upon the undersigned counsel. 2 Consumers Energy Company ("Consumers" is an investor-owned electric public utility operating within Michigan, and subject to the regulatory authority of this Commission. 3 Walmart is a large retail customer of Consumers, owning and operating approximately 55 retail stores and related facilities in Consumers Michigan service

3 territory. Collectively, these facilities consume over 200 million kwh of electricity on an annual basis. 4 On May 13, 2018, Consumers filed its Application in this docket seeking, among other things, a $57.9 million increase in its Michigan retail revenues. As a large retail customer of Consumers, Walmart will be directly impacted by the relief being requested by Consumers and will suffer an injury in fact if the final order in this case approves unreasonable rates, terms or conditions. Therefore, Walmart is a party within the zone of interests protected by MCL et seq. and has a direct interest in participating in this case. Walmart is entitled as a matter of right to intervene in this case to assure that its interests as to reliability, pricing, efficiency and adequacy of resources, as well as any other appropriate considerations, are addressed and protected in conjunction with its service from Consumers. 5 Walmart's interests are not adequately represented by the present parties and, therefore, it would be detrimental to the public interest to deny this Petition to Intervene. 6 Walmart s participation in this case will assist the Commission in understanding the impact of this case on Walmart s significant interests in it, as well as other issues presented by this case. Because of its interests in energy efficiency and demand-side management technology, Walmart employs a sizable number of employees focusing on energy and environmental issues. Many of these employees previously worked in the energy industry and can provide testimony that will assist in resolving the issues presented in this case

4 7 Walmart has previously participated as an intervenor in previous cases involving Consumers rates and tariffs, including Consumers last general rate case, MPSC Docket No. U If it is permitted to intervene, Walmart anticipates taking the position that Consumers Application should be carefully examined regarding issues that include, but are not limited to, the proposed rate increases and the components thereof, the proposed allocation of any rate increase among the various customer classes, and the proposed revisions to its electric rules, regulations and tariffs. Walmart reserves the right to take other positions and seek other relief based upon a review of the various filings, the responses to discovery, or positions taken in the testimony or briefs of other parties. WHEREFORE, for all the above and foregoing reasons, Wal-Mart Stores East, LP, and Sam s East, Inc., respectfully request that the Commission grant them intervenor status as full parties of record, and allow them to fully participate in this cause including, without limitation, filing and presenting testimony, cross examination of witnesses, participation in all formal and informal conferences and hearings, and filings of briefs and any other pleadings, to the extent they deem necessary for their full participation herein. [Signature on following page] - 3 -

5 Respectfully submitted, By Melissa M. Horne, P41840 HIGGINS, CAVANAGH & COONEY, LLP 10 Dorrance Street, 4 th Floor Providence, RI Tel: ( Fax: ( mhorne@hcc-law.com ATTORNEYS FOR INTERVENORS, SAM S EAST, INC

6 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION IN THE MATTER OF THE APPLICATION OFCONSUMERS ENERGY COMPANY FOR AUTHORITY TO INCREASE ITS RATES FOR THE GENERATION AND DISTRIBUTION OF ELECTRICITY AND FOR OTHER RELIEF CASE NO. U (Paperless e-file PROOF OF SERVICE STATE OF RHODE ISLAND COUNTY OF PROVIDENCE Melissa M. Horne, being first duly sworn, deposes and affirms that on the 29 th day of May, 2018, a true and correct copy of the foregoing instrument was served via electronic mail to the persons shown in the attached service list. Melissa M. Horne

7 Administrative Law Judge Hon. Sharon L. Feldman Administrative Law Judge Michigan Public Service Comm W. Saginaw Hwy., 3rd Floor Lansing, MI Counsel for the Michigan Public Service Commission Lauren D. Donofrio Daniel Sonneveldt Michael J. Orris Monica M. Stephens 7109 W. Saginaw Hwy., 3rd Floor Lansing, MI Counsel for Consumers Energy Company Bret A. Totoraitis Anne Uitvlugt Gary Gensch, Jr. Michael C. Rampe Theresa A.G. Staley One Energy Plaza Jackson, MI SERVICE LIST MPSC CASE NO. U

8 Counsel for Attorney General Celest R. Gill Assistant Attorney General G. Mennen Williams Bldg., 6th Floor 525 W. Ottawa St. Lansing, MI Counsel for Michigan Cable Telecommunications Association Michael S. Ashton Anita G. Fox Fraser, Trebilcock, Davis & Dunlap, P.C. 124 W. Allegan, Ste Lansing, MI Counsel for Michigan Environmental Council, Sierra Club, & Natural Resources Defense Council Christopher M. Bzdok Tracy Jane Andrews Olson, Bzdok & Howard, P.C. 420 E. Front St. Traverse City, MI Counsel for Environmental Law & Policy Center Margrethe Kearney Environmental Law & Policy Center 1007 Lake Drive SE Grand Rapids, MI

9 Counsel for The Kroger Company Kurt J. Boehm Jody Kyler Cohn Michael L. Kurtz Boehm, Kurtz & Lowry 36 East Seventh St., Ste Cincinnati, OH Kevin Higgins ENERGY STRATEGIES, LLC Parkside Towers 215 South State Street, Suite 200 Salt Lake City, Utah Counsel for Hemlock Semiconductor Corporation Jennifer Utter Heston Fraser Trebilcock Davis & Dunlap, P.C. 124 W. Allegan, Ste Lansing, MI