Bill Text: MI HB5530 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Public utilities; electric utilities; definition of independent transmission company; modify. Amends sec. 5 of 1923 PA 238 (MCL 486.255).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2016-04-13 - Bill Electronically Reproduced 04/12/2016 [HB5530 Detail]
Download: Michigan-2015-HB5530-Introduced.html
HOUSE BILL No. 5530
April 12, 2016, Introduced by Reps. Cole, Glenn, Runestad, Kelly and Aaron Miller and referred to the Committee on Energy Policy.
A bill to amend 1923 PA 238, entitled
"An act authorizing the formation of corporations for the purpose
of generating, manufacturing, producing, gathering, storing,
transmitting, distributing, transforming, selling and supplying
electric energy or gas, either artificial or natural, or both
electric energy and gas, to the public generally, or to public
utilities or natural gas companies, and providing for and giving to
such corporations and also to corporations heretofore lawfully
organized, among other things, for such purposes; to corporations
heretofore lawfully organized, or that may hereafter be lawfully
organized and duly authorized to carry on the electric or gas
business as a public utility in the state of Michigan; and to
foreign corporations heretofore lawfully organized or that may
hereafter be lawfully organized, among other things, for such
purposes, and duly authorized to carry on business in the state of
Michigan, the right to condemn private property for the uses
provided for herein,"
by amending section 5 (MCL 486.255), as added by 2004 PA 197.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Subject to the electric transmission line
certification act, 1995 PA 30, MCL 460.561 to 460.575, and the
uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to
213.75, an independent transmission company or an affiliated
transmission
company shall have has the power to condemn property
that is necessary to transmit electric energy for public use except
for both of the following:
(a) An independent transmission company or affiliated
transmission company shall not circumvent a private agreement that
existed
on the effective date of the amendatory act that added this
subsection
July 12, 2004 under which the independent transmission
company or affiliated transmission company leases rights-of-way for
its electric transmission facilities from the utility.
(b) An independent transmission company or affiliated
transmission company shall not condemn property owned by an
electric or gas utility or municipally owned utility in a manner
which
that unreasonably disrupts the ability of the electric or
gas
utility or municipally owned utility to continue to provide service
to its customers. If a dispute exists under this subdivision, the
condemnation
shall not proceed until the Michigan public service
commission determines that no unreasonable disruption is involved.
The commission shall make its determination under this subdivision
pursuant to a contested case under the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328, within 180 days of
the date an application or petition requesting a determination is
filed with the commission. If the principal parties of record agree
that the complexity of dispute involved requires additional time,
the
commission may have has up to 210 days from the date the
application or petition was filed to make a determination under
this subdivision.
(2) Except as otherwise provided under this section, in
condemning property under subsection (1), an independent
transmission company or affiliated transmission company is subject
to the same procedures and requirements under this act as a
corporation formed under this act.
(3) Section 3(1) and any procedure or requirement under this
act that is inconsistent with the electric transmission line
certification act, 1995 PA 30, MCL 460.561 to 460.575, or the
uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to
213.75, do not apply to an independent transmission company or
affiliated transmission company.
(4) As used in this act:
(a) "Affiliated transmission company" means a person,
partnership, corporation, association, or other legal entity, or
its
successors or assigns, which that
has fully satisfied the
requirements to join a regional transmission organization as
determined
by the federal energy regulatory commission, Federal
Energy Regulatory Commission, is engaged in this state in the
transmission of electricity using facilities it owns that were
transferred to the entity by an electric utility that was engaged
in the generation, transmission, and distribution of electricity in
this state on December 31, 2000, and is not independent of an
electric utility or an affiliate of the utility, generating or
distributing electricity to retail customers in this state.
(b) "Commission" means the Michigan public service commission.
(c) (b)
"Independent transmission
company" means a either
of
the following:
(i) A person, partnership, corporation, association, or other
legal entity, or its successors or assigns, engaged in this state
in
the transmission of electricity using facilities it owns that
have
been divested to the entity by an electric utility that was
engaged
in the generation, transmission, and distribution of
electricity
in this state on December 31, 2000, and is independent
of
an electric utility or if
that entity is not an affiliate of the
an
electric utility , generating or distributing electricity to
retail customers in this state.
(ii) A person, partnership, corporation, association, or other
legal entity, or its successors or assigns, that holds a
certificate issued by the commission under the electric
transmission line certification act, 1995 PA 30, MCL 460.561 to
460.575, if that entity is not an affiliate of an electric utility
generating or distributing electricity to retail customers in this
state.
