Bill Text: MI HB4390 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Public utilities; consumer services; use of electric service limiters; prohibit until standards are established. Amends 1939 PA 3 (MCL 460.1 - 460.11) by adding sec. 6t.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2009-04-02 - Referred To Committee On Energy Policy And Public Utilities [HB4390 Detail]
Download: Michigan-2009-HB4390-Engrossed.html
HB-4390, As Passed House, March 31, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4390
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 6t.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6t. (1) Except as otherwise provided in subsection (2),
an electric provider shall not use an electric service limiter in
this state. This subsection does not apply to advanced meters
except to the extent an advanced meter is used to perform the
function of an electric service limiter.
(2) No later than October 1, 2009, the commission shall issue
a temporary order that establishes uniform standards for the use of
electric service limiters and advanced meters to the extent they
are used to perform the function of an electric service limiter by
electric providers in this state. Subsection (1) does not apply on
or after the effective date of the temporary order.
(3) Within 1 year after the effective date of the amendatory
act that added this section, the commission shall promulgate rules
establishing uniform standards for the use of electric service
limiters and advanced meters to the extent they are used to perform
the function of an electric service limiter by electric providers
in this state pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328. Upon promulgation of the
rules, the order under subsection (2) is rescinded.
(4) An electric provider shall not use an electric service
limiter at a known senior citizen customer's household or a
household in which a known medical emergency exists in this state.
(5) As used in this section:
(a) "Advanced meter" means an electric meter which meets 1 or
more of the following criteria:
(i) Measures and records usage data in time differentiated
registers, including hourly or other intervals.
(ii) Allows electric consumers and electric service providers
to participate in price-based demand response programs, including
remote service switch capability activated by intervening direction
from the electric provider.
(iii) Provides other data and functionality that address power
quality and other electricity service issues.
(b) "Electric provider" means an electric utility, municipally
owned electric utility, cooperative electric utility, or
alternative electric supplier.
(c) "Electric service limiter" means an electric meter or
device used in conjunction with an electric meter that
automatically interrupts all electric service to a customer without
intervening direction from the electric provider when a utility
imposed peak usage limit is exceeded.
(d) "Medical emergency" means an existing medical condition of
the customer or a member of the customer's household, as defined
and certified by a physician or public health official on official
stationery or company-provided form, that will be aggravated by the
lack of utility service.
(e) "Senior citizen customer" means an electric provider
customer who is 65 years of age or older.
