HOUSE BILL NO. 5311

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 powers and duties of certain state governmental officers and entities; 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 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,"

by amending section 1 (MCL 460.1).

the people of the state of michigan enact:

Sec. 1. (1) A commission to be known and designated as the "Michigan public service commission" is hereby created, which The Michigan public service commission is created in the department of licensing and regulatory affairs.

(2) The commission shall consist of 3 5 members, not more than 2 of whom shall be are members of the same political party, appointed as follows:

(a) Three members appointed by the governor with the advice and consent of the senate.

(b) One member appointed by the governor from a list submitted by the senate majority leader.

(c) One member appointed by the governor from a list submitted by the speaker of the house of representatives.

(3) Each member shall of the commission must be a citizen of the United States , and of the this state. of Michigan, and no member of said commission A member of the commission shall not be pecuniarily interested in any public utility or public service person subject to the jurisdiction and control of the commission. During his a member's term, no a member of the commission shall not serve as an officer or committee member of any political party organization, or hold any office, or be employed by any other commission, board, department, or institution in this state. No commission

(4) A member of the commission shall not be retained or employed by any public utility or public service person subject to the jurisdiction and control of the commission during the time he while the member is acting as such commissioner, and a member of the commission or for 6 months thereafter, and no after that time.

(5) A member of the commission , who is a member of the bar of the state State Bar of Michigan , shall not practice his profession law or act as counselor or attorney in any court of this state during the time he while the individual is a member of said the commission. : Provided, however, This shall

(6) This section does not require any commissioner member of the commission to retire from , or dissolve any partnership , of which he the individual is a member, but said the partnership , while he is a member of the commission, shall must not engage in public utility practice . Immediately upon the taking effect of this act, the offices of the present members of the Michigan public service commission are hereby abolished, and the members of the Michigan public service commission as herein created shall be appointed by the governor with the advice and consent of the senate, for terms of 6 years each: Provided, That of the members first appointed, 1 shall be appointed for a term of 2 years, 1 for a term of 4 years, and 1 for a term of 6 years. Upon the expiration of said terms successors shall be appointed with like qualifications and in like manner for terms of 6 years each, and until their successors are appointed and qualified. Vacancies shall be filled in the same manner as is provided for appointment in the first instance.while the individual is a member of the commission.

(7) Members of the commission shall serve for terms of 4 years or until a successor is appointed, whichever is later. If a vacancy occurs on the commission, the governor shall make an appointment for the unexpired term in the same manner as the original appointment.