Bill Text: MI SB0328 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Public utilities; consumer services; penalties for violation of shutoff procedures; allow commission to establish. Amends 1939 PA 3 (MCL 460.1 - 460.11) by adding sec. 9h.

Spectrum: Slight Partisan Bill (Democrat 14-5)

Status: (Introduced - Dead) 2009-03-04 - Referred To Committee On Energy Policy And Public Utilities [SB0328 Detail]

Download: Michigan-2009-SB0328-Introduced.html

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SENATE BILL No. 328

 

 

March 4, 2009, Introduced by Senators BARCIA, PRUSI, BRATER, SWITALSKI, OLSHOVE, CLARKE, WHITMER, CHERRY, ANDERSON, GLEASON, HUNTER, JACOBS, SCOTT, CLARK-COLEMAN, PAPPAGEORGE, BIRKHOLZ, KAHN, HARDIMAN and JANSEN and referred to the Committee on Energy Policy and Public Utilities.

 

 

 

     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 9h.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9h. (1) Upon a complaint or the commission's own motion,

 

the commission may review allegations of violations of section 9d,

 

9e, or 9f or rules promulgated under section 9g. If the commission

 

finds that a provider has violated section 9d, 9e, or 9f or rules

 

promulgated under section 9g, the commission shall order any

 

remedies and penalties necessary to make a customer whole,

 

including, but not limited to, 1 or more of the following:

 

     (a) Ordering the provider to pay a fine as determined by the

 

commission. Any fine assessed under this subdivision shall be

 

deposited into the low income and energy efficiency fund.

 

     (b) Ordering a refund to the customer of any excess charges.

 

     (c) Ordering any other remedies that would make the customer

 

whole.

 

     (2) As used in this section and sections 9d to 9g, "provider"

 

means an electric utility, municipally owned natural gas or

 

electric utility, cooperative electric utility, alternative

 

electric supplier, or an investor-owned business engaged in the

 

sale and distribution of natural gas within this state whose rates

 

are regulated by the commission.