Act No. 231
Public Acts of 2023
Approved by the Governor
November 28, 2023
Filed with the Secretary of State
November 29, 2023
EFFECTIVE DATE: February 13, 2024
STATE OF MICHIGAN
102ND LEGISLATURE
REGULAR SESSION OF 2023
Introduced by Senators Shink, Polehanki, Bayer and Chang
ENROLLED SENATE BILL No. 502
AN ACT 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 sections 6a, 6m, and 6t (MCL 460.6a, 460.6m, and 460.6t), sections 6a and
6m as amended and section 6t as added by 2016 PA 341, and by adding section 6aa.
The People of the State of Michigan enact:
Sec. 6a. (1) A gas utility, electric utility, or steam utility shall not increase its rates and charges or alter,
change, or amend any rate or rate schedules, the effect of which will be to increase the cost of services to its
customers, without first receiving commission approval as provided in this section. A utility shall coordinate with
the commission staff in advance of filing its general rate case application under this section to avoid resource
challenges with applications being filed at the same time as applications filed under this section by other utilities.
In the case of electric utilities serving more than 1,000,000 customers in this state, the commission may, if
necessary, order a delay in filing an application to establish a 21-day spacing between filings of electric utilities
serving more than 1,000,000 customers in this state. The utility shall place in evidence facts relied upon to support
the utility’s petition or application to increase its rates and charges, or to alter, change, or amend any rate or rate
schedules. The commission shall require notice to be given to all interested parties within the service area to be
affected, and allow interested parties a reasonable opportunity for a full and complete hearing. A utility may use
projected costs and revenues for a future consecutive 12-month period in developing its requested rates and
charges. The commission shall notify the utility within 30 days after filing, whether the utility’s petition or
application is complete. A petition or application is considered complete if it complies with the rate application
filing forms and instructions adopted under subsection (8). If the application is not complete, the commission shall
notify the utility of all information necessary to make that filing complete. If the commission has not notified the
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utility within 30 days of whether the utility’s petition or application is complete, the application is considered
complete. Concurrently with filing a complete application, or at any time after filing a complete application, a gas
utility serving fewer than 1,000,000 customers in this state may file a motion seeking partial and immediate rate
relief. After providing notice to the interested parties within the service area to be affected and affording
interested parties a reasonable opportunity to present written evidence and written arguments relevant to the
motion seeking partial and immediate rate relief, the commission shall make a finding and enter an order
granting or denying partial and immediate relief within 180 days after the motion seeking partial and immediate
rate relief was submitted. The commission has 12 months to issue a final order in a case in which a gas utility
has filed a motion seeking partial and immediate rate relief.
(2) If the commission has not issued an order within 180 days after the filing of a complete application, the
utility may implement up to the amount of the proposed annual rate request through equal percentage increases
or decreases applied to all base rates. If the utility uses projected costs and revenues for a future period in
developing its requested rates and charges, the utility may not implement the equal percentage increases or
decreases before the calendar date corresponding to the start of the projected 12-month period. For good cause,
the commission may issue a temporary order preventing or delaying a utility from implementing its proposed
rates or charges. If a utility implements increased rates or charges under this subsection before the commission
issues a final order, that utility shall refund to customers, with interest, any portion of the total revenues collected
through application of the equal percentage increase that exceed the total that would have been produced by the
rates or charges subsequently ordered by the commission in its final order. The commission shall allocate any
refund required by this subsection among primary customers based upon their pro rata share of the total revenue
collected through the applicable increase, and among secondary and residential customers in a manner to be
determined by the commission. The rate of interest for refunds is 5% plus the London interbank offered rate
(LIBOR) for the appropriate time period. For any portion of the refund that, exclusive of interest, exceeds 25% of
the annual revenue increase awarded by the commission in its final order, the rate of interest is the authorized
rate of return on the common stock of the utility during the appropriate period. Any refund or interest awarded
under this subsection must not be included, in whole or in part, in any application for a rate increase by a utility.
This subsection only applies to completed applications filed with the commission before April 20, 2017.
(3) This section does not impair the commission’s ability to issue a show cause order as part of its rate-making
authority. An alteration or amendment in rates or rate schedules applied for by a public utility that will not result
in an increase in the cost of service to its customers may be authorized and approved without notice or hearing.
There shall be no increase in rates based upon changes in cost of fuel, purchased gas, or purchased steam unless
notice has been given within the service area to be affected, and there has been an opportunity for a full and
complete hearing on the cost of fuel, purchased gas, or purchased steam. The rates charged by any utility under
an automatic fuel, purchased gas, or purchased steam adjustment clause shall not be altered, changed, or
amended unless notice has been given within the service area to be affected, and there has been an opportunity
for a full and complete hearing on the cost of the fuel, purchased gas, or purchased steam.
(4) The commission shall adopt rules and procedures for the filing, investigation, and hearing of petitions or
applications to increase or decrease utility rates and charges as the commission finds necessary or appropriate to
enable it to reach a final decision with respect to petitions or applications within a period of time allotted by law
to issue a final order after the filing of the complete petitions or applications. The commission shall not authorize
or approve adjustment clauses that operate without notice and an opportunity for a full and complete hearing,
and all such clauses are abolished. The commission may hold a full and complete hearing to determine the cost of
fuel, purchased gas, purchased steam, or purchased power separately from a full and complete hearing on a
general rate case and may hold that hearing concurrently with the general rate case. The commission shall
authorize a utility to recover the cost of fuel, purchased gas, purchased steam, or purchased power only to the
extent that the purchases are reasonable and prudent.
(5) Except as otherwise provided in this subsection and subsection (1), if the commission fails to reach a final
decision with respect to a completed petition or application to increase or decrease utility rates within the
10-month period following the filing of the completed petition or application, the petition or application is
considered approved. If a utility makes any significant amendment to its filing, the commission has an additional
10 months after the date of the amendment to reach a final decision on the petition or application. If the utility
files for an extension of time, the commission shall extend the 10-month period by the amount of additional time
requested by the utility.
(6) A utility shall not file a general rate case application for an increase in rates earlier than 12 months after
the date of the filing of a complete prior general rate case application. A utility may not file a new general rate
case application until the commission has issued a final order on a prior general rate case or until the rates are
approved under subsection (5). 3
(7) The commission shall, if requested by a gas utility, establish load retention transportation rate schedules
or approve gas transportation contracts as required for the purpose of serving industrial or commercial customers
whose individual annual transportation volumes exceed 500,000 decatherms on the gas utility’s system. The
commission shall approve these rate schedules or approve transportation contracts entered into by the utility in
good faith if the industrial or commercial customer has the installed capability to use an alternative fuel or
otherwise has a viable alternative to receiving natural gas transportation service from the utility, the customer
can obtain the alternative fuel or gas transportation from an alternative source at a price that would cause them
not to use the gas utility’s system, and the customer, as a result of their use of the system and receipt of
transportation service, makes a significant contribution to the utility’s fixed costs. The commission shall adopt
accounting and rate-making policies to ensure that the discounts associated with the transportation rate
schedules and contracts are recovered by the gas utility through charges applicable to other customers if the
incremental costs related to the discounts are no greater than the costs that would be passed on to those customers
as the result of a loss of the industrial or commercial customer’s contribution to a utility’s fixed costs.
(8) The commission shall adopt standard rate application filing forms and instructions for use in all general
rate cases filed by utilities whose rates are regulated by the commission. For cooperative electric utilities whose
rates are regulated by the commission, in addition to rate applications filed under this section, the commission
shall continue to allow for rate filings based on the cooperative’s times interest earned ratio. The commission may
modify the standard rate application forms and instructions adopted under this subsection.
(9) If, on or before January 1, 2008, a merchant plant entered into a contract with an initial term of 20 years
or more to sell electricity to an electric utility whose rates are regulated by the commission with 1,000,000 or more
retail customers in this state and if, before January 1, 2008, the merchant plant generated electricity under that
contract, in whole or in part, from wood or solid wood wastes, then the merchant plant shall, upon petition by the
merchant plant, and subject to the limitation set forth in subsection (10), recover the amount, if any, by which the
merchant plant’s reasonably and prudently incurred actual fuel and variable operation and maintenance costs
exceed the amount that the merchant plant is paid under the contract for those costs. This subsection does not
apply to landfill gas plants, hydro plants, municipal solid waste plants, or to merchant plants engaged in litigation
against an electric utility seeking higher payments for power delivered pursuant to contract.
(10) The total aggregate additional amounts recoverable by merchant plants under subsection (9) in excess of
the amounts paid under the contracts must not exceed $1,000,000.00 per month for each affected electric utility.
The $1,000,000.00 per month limit specified in this subsection must be reviewed by the commission upon petition
of the merchant plant filed no more than once per year and may be adjusted if the commission finds that the
eligible merchant plants reasonably and prudently incurred actual fuel and variable operation and maintenance
costs exceed the amount that those merchant plants are paid under the contract by more than $1,000,000.00 per
month. The annual amount of the adjustments must not exceed a rate equal to the United States Consumer Price
Index. The commission shall not make an adjustment unless each affected merchant plant files a petition with
the commission. If the total aggregate amount by which the eligible merchant plants reasonably and prudently
incurred actual fuel and variable operation and maintenance costs determined by the commission exceed the
amount that the merchant plants are paid under the contract by more than $1,000,000.00 per month, the
commission shall allocate the additional $1,000,000.00 per month payment among the eligible merchant plants
based upon the relationship of excess costs among the eligible merchant plants. The $1,000,000.00 limit specified
in this subsection, as adjusted, does not apply to actual fuel and variable operation and maintenance costs that
are incurred due to changes in federal or state environmental laws or regulations that are implemented after
October 6, 2008. The $1,000,000.00 per month payment limit under this subsection does not apply to merchant
plants eligible under subsection (9) whose electricity is purchased by a utility that is using wood or wood waste or
fuels derived from those materials for fuel in their power plants. As used in this subsection, “United States
Consumer Price Index” means the United States Consumer Price Index for all urban consumers as defined and
reported by the United States Department of Labor, Bureau of Labor Statistics.
(11) The commission shall issue orders to permit the recovery authorized under subsections (9) and (10) upon
petition of the merchant plant. The merchant plant is not required to alter or amend the existing contract with
the electric utility in order to obtain the recovery under subsections (9) and (10). The commission shall permit or
require the electric utility whose rates are regulated by the commission to recover from its ratepayers all fuel and
variable operation and maintenance costs that the electric utility is required to pay to the merchant plant as
reasonably and prudently incurred costs.
(12) Subject to subsection (13), if requested by an electric utility with less than 200,000 customers in this state,
the commission shall approve an appropriate revenue decoupling mechanism that adjusts for decreases in actual 4
sales compared to the projected levels used in that utility’s most recent rate case that are the result of
implemented energy waste reduction, conservation, demand-side programs, and other waste reduction measures,
if the utility first demonstrates the following to the commission:
(a) That the projected sales forecast in the utility’s most recent rate case is reasonable.
(b) That the electric utility has achieved annual incremental energy savings at least equal to the lesser of the
following:
(i) The incremental energy savings requirement of section 77(1) of the clean and renewable energy and energy
waste reduction act, 2008 PA 295, MCL 460.1077.
(ii) The amount of any incremental savings yielded by energy waste reduction, conservation, demand-side
programs, and other waste reduction measures approved by the commission in that utility’s most recent
integrated resource plan.
(13) The commission shall consider the aggregate revenues attributable to revenue decoupling mechanisms,
financial incentives, and shared savings mechanisms the commission has approved for an electric utility relative
to energy waste reduction, conservation, demand-side programs, peak load reduction, and other waste reduction
measures. The commission may approve an alternative methodology for a revenue decoupling mechanism
authorized under subsection (12) or a financial incentive authorized under section 75 of the clean and renewable
energy and energy waste reduction act, 2008 PA 295, MCL 460.1075, if the commission determines that the
resulting aggregate revenues from those mechanisms would not result in a reasonable and cost-effective method
to ensure that investments in energy waste reduction, demand-side programs, peak load reduction, and other
waste reduction measures are not disfavored when compared to utility supply-side investments. The commission’s
consideration of an alternative methodology under this subsection must be conducted as a contested case in
accordance with chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288.
(14) By April 20, 2018, the commission shall conduct a study on an appropriate tariff reflecting equitable cost
of service for utility revenue requirements for customers who participate in a net metering program or distributed
generation program under the clean and renewable energy and energy waste reduction act, 2008 PA 295,
MCL 460.1001 to 460.1211. In any rate case filed after June 1, 2018, the commission shall, subject to
section 173(7) of the clean and renewable energy and energy waste reduction act, 2008 PA 295, MCL 460.1173,
approve such a tariff for inclusion in the rates of all customers participating in a net metering or distributed
generation program under the clean and renewable energy and energy waste reduction act, 2008 PA 295,
MCL 460.1001 to 460.1211. A tariff established under this subsection does not apply to customers participating
in a net metering program under the clean and renewable energy and energy waste reduction act, 2008 PA 295,
MCL 460.1001 to 460.1211, before the date that the commission establishes a tariff under this subsection, who
continues to participate in the program at their current site or facility.
(15) Except as otherwise provided in this act, “utility” and “electric utility” do not include a municipally owned
electric utility.
(16) As used in this section:
(a) “Full and complete hearing” means a hearing that provides interested parties a reasonable opportunity to
present and cross-examine evidence and present arguments relevant to the specific element or elements of the
request that are the subject of the hearing.
(b) “General rate case” means a proceeding initiated by a utility in an application filed with the commission
that alleges a revenue deficiency and requests an increase in the schedule of rates or charges based on the utility’s
total cost of providing service.
(c) “Steam utility” means a steam distribution company regulated by the commission.
Sec. 6m. (1) The utility consumer representation fund is created as a special fund. The state treasurer is the
custodian of the fund and shall maintain a separate account of the money in the fund. The money in the fund
must be invested in the bonds, notes, and other evidences of indebtedness issued or insured by the United States
government and its agencies, and in prime commercial paper. The state treasurer shall release money from the
fund, including interest earned, in the manner and at the time directed by the board.
(2) Except as provided in subsection (5), each energy utility that has applied to the commission for the initiation
of an energy cost recovery proceeding shall remit to the fund before or upon filing its initial application for that
proceeding, and on or before the first anniversary of that application, an amount of money determined by the
board in the following manner:
(a) In the case of an energy utility company serving at least 100,000 customers in this state, its proportional
share of $1,800,000.00 adjusted annually by a factor as provided in subsection (4). This adjusted amount is the 5
new base amount to which the factor provided in subsection (4) is applied in the succeeding year. A utility’s
proportional share must be calculated by dividing the company’s jurisdictional total operating revenues for the
preceding year, as stated in its annual report, by the total operating revenues for the preceding year of all energy
utility companies serving at least 100,000 customers in this state. The board shall make this amount available
for use by the attorney general for the purposes described in subsection (16).
(b) In the case of an energy utility company serving at least 100,000 residential customers in this state, its
proportional share of $2,000,000.00 adjusted annually by a factor as provided in subsection (4). This adjusted
amount is the new base amount to which the factor provided in subsection (4) is applied in the succeeding year.
A utility’s proportional share must be calculated by dividing the company’s jurisdictional gross revenues from
residential tariff sales for the preceding year by the gross revenues from residential tariff sales for the preceding
year of all energy utility companies serving at least 100,000 residential customers in this state. This amount must
be used for grants under subsection (10).
(c) In the case of an energy utility company serving fewer than 100,000 customers in this state, its proportional
share of $100,000.00 adjusted annually by a factor as provided in subsection (4). This adjusted amount is the new
base amount to which the factor provided in subsection (4) is applied in the succeeding year. A utility’s
proportional share must be calculated by dividing the company’s jurisdictional total operating revenues for the
preceding year, as stated in its annual report, by the total operating revenues for the preceding year of all energy
utility companies serving fewer than 100,000 customers in this state. The board shall make this amount available
for use by the attorney general for the purposes described in subsection (16).
(d) In the case of an energy utility company serving fewer than 100,000 residential customers in this state, its
proportional share of $100,000.00 adjusted annually by a factor as provided in subsection (4). This adjusted
amount is the new base amount to which the factor provided in subsection (4) is applied in the succeeding year.
A utility’s proportional share must be calculated by dividing the company’s jurisdictional gross revenues from
residential tariff sales for the preceding year by the gross revenues from residential tariff sales for the preceding
year of all energy utility companies serving fewer than 100,000 residential customers in this state. This amount
must be used for grants under subsection (10).
(3) Payments made by an energy utility under subsection (2)(a) or (c) are operating expenses of the utility that
the commission shall permit the utility to charge to its customers. Payments made by a utility under
subsection (2)(b) or (d) are operating expenses of the utility that the commission shall permit the utility to charge
to its residential customers.
(4) For purposes of subsection (2), the board shall set the factor at a level not to exceed the percentage increase
in the index known as the Consumer Price Index for urban wage earners and clerical workers, select areas, all
items indexed, for the Detroit standard metropolitan statistical area, compiled by the Bureau of Labor Statistics
of the United States Department of Labor, or any successor agency, that has occurred between January of the
preceding year and January of the year in which the payment is required to be made. In the event that more than
1 such index is compiled, the index yielding the largest payment is the maximum allowable factor. The board shall
advise utilities of the factor.
(5) The remittance requirements of this section do not apply to an energy utility organized as a cooperative
corporation under sections 98 to 109 of 1931 PA 327, MCL 450.98 to 450.109, and grants from the fund must not
be used to participate in an energy cost recovery proceeding primarily affecting such a utility.
(6) In the event of a dispute between the board and an energy utility about the amount of payment due, the
utility shall pay the undisputed amount and, if the utility and the board cannot agree, the board may initiate civil
action in the circuit court for Ingham County for recovery of the disputed amount. The commission shall not accept
or take action on an application for an energy cost recovery proceeding from an energy utility subject to this
section that has not fully paid undisputed remittances required by this section.
(7) The commission shall not accept or take action on an application for an energy cost recovery proceeding
from an energy utility subject to this section until 30 days after it has been notified by the board that the board
is ready to process grant applications, will transfer funds payable to the attorney general immediately upon the
receipt of those funds, and will within 30 days approve grants and remit funds to qualified grant applicants.
(8) The board may accept a gift or grant from any source to be deposited in the fund if the conditions or purposes
of the gift or grant are consistent with this section.
(9) The costs of operation and expenses incurred by the board in performing its duties under this section and
section 6l, including remuneration to board members, must be paid from the fund. A maximum of 5% of the annual
receipts of the fund may be budgeted and used to pay expenses other than grants made under subsection (10).
(10) The net grant proceeds must finance a grant program from which the board may award to an applicant
an amount that the board determines shall be used for the purposes set forth in this section. 6
(11) The board shall create and make available to applicants an application form. Each applicant shall indicate
on the application how the applicant meets the eligibility requirements provided for in this section and how the
applicant proposes to use a grant from the fund to participate in 1 or more proceedings as authorized in
subsection (16) that have been or are expected to be filed. Each applicant shall also identify on the application
any additional funds or resources, other than the grant funds being requested, that are to be used to participate
in the proceeding for which the grant is being requested and how those funds or resources will be utilized. The
board shall receive an application requesting a grant from the fund only from a nonprofit organization or a unit
of local government in this state. The board shall consider only applications for grants containing proposals that
are consistent with subsections (16) and (17) and that serve the interests of residential utility consumers. The
interest of residential consumers includes, but is not limited to, considerations of utility service in this state; the
reduction of greenhouse gas emissions from the utility sector; and the protection of public health, equitable access
to energy efficiency, weatherization, efficient electrification measures, programs and services, and clean energy
technologies. For purposes of making grants, the board may consider energy conservation, energy waste reduction,
demand response, and rate design options to encourage energy conservation, energy waste reduction, and demand
response, as well as the maintenance of adequate energy resources. The board shall not consider an application
that primarily benefits the applicant or a service provided or administered by the applicant. The board shall not
consider an application from a nonprofit organization if 1 of the organization’s principal interests or unifying
principles is the welfare of a utility or its investors or employees, or the welfare of 1 or more businesses or
industries, other than farms not owned or operated by a corporation, that receive utility service ordinarily and
primarily for use in connection with the profit-seeking manufacture, sale, or distribution of goods or services.
Mere ownership of securities by a nonprofit organization or its members does not disqualify an application
submitted by that organization.
(12) The board shall encourage grant making to nonprofits representing environmental justice communities
and communities with the highest energy burdens. The board shall also encourage the interests of identifiable
types of residential utility consumers whose interests may differ, including various social and economic classes
and areas of the state, and if necessary, may make grants to more than 1 applicant whose applications are related
to a similar issue to achieve this type of representation. In addition, the board shall consider and balance the
following criteria in determining whether to make a grant to an applicant:
(a) Evidence of the applicant’s competence, experience, and commitment to advancing the interests of
residential utility consumers.
(b) The anticipated involvement of the attorney general in a proceeding and whether activities of the applicant
will be duplicative or supplemental to those of the attorney general.
(c) In the case of a nongovernmental applicant, the extent to which the applicant is representative of or has a
previous history of advocating the interests of citizens, especially residential utility consumers.
(d) The anticipated effect of the proposal contained in the application on residential utility consumers,
including the immediate and long-term impacts of the proposal.
(e) Evidence demonstrating the potential for continuity of effort and the development of expertise in relation
to the proposal contained in the application.
(f) The uniqueness or innovativeness of an applicant’s position or point of view as it relates to advocating for
residential utility consumers concerning energy costs or rates, and the probability and desirability of that position
or point of view prevailing.
(13) As an alternative to choosing between 2 or more applications that have similar proposals, the board may
invite 2 or more of the applicants to file jointly and award a grant to be managed cooperatively.
(14) The board shall make disbursements pursuant to a grant in advance of an applicant’s proposed actions as
set forth in the application if necessary to enable the applicant to initiate, continue, or complete the proposed
actions.
(15) Any notice to utility customers and the general public of hearings or other state proceedings in which
grants from the fund may be used must contain a notice of the availability of the fund and the address of the board.
(16) The annual receipts and interest earned, less administrative costs, may be used only for participation in
administrative and judicial proceedings under sections 6a, 6h, 6j, 6s, 6t, 6w, and 10i, and the clean and renewable
energy and energy waste reduction act, 2008 PA 295, MCL 460.1001 to 460.1211, and in federal administrative
and judicial proceedings that directly affect the energy costs or rates paid by energy utility customers in this state.
Amounts that have been in the fund more than 12 months may be retained in the fund for future proceedings and
any unexpended money in the fund is reserved to fulfill the purposes for which it was appropriated or may be
returned to energy utility companies or used to offset their future remittances in proportion to their previous
remittances to the fund, as the board and attorney general determine will best serve the interests of consumers. 7
(17) The following conditions apply to all grants from the fund:
(a) Disbursements from the fund may be used only to advocate the interests of residential energy utility
customers concerning energy costs or rates and not for representation of merely individual interests.
(b) The board shall attempt to maintain a reasonable relationship between the payments from a particular
energy utility and the benefits to consumers of that utility.
(c) The board shall coordinate the funded activities of grant recipients with those of the attorney general to
avoid duplication of effort, particularly as it relates to the hiring of expert witnesses, to promote supplementation
of effort, and to maximize the number of hearings and proceedings with intervenor participation.
(18) A recipient of a grant under subsection (10) may use the grant only for the advancement of the proposed
action approved by the board, including, but not limited to, costs of staff, hired consultants and counsel, and
research.
(19) A recipient of a grant under subsection (10) shall prepare for and participate in all discussions among the
parties designed to facilitate settlement or narrowing of the contested issues before a hearing in order to minimize
litigation costs for all parties.
(20) A recipient of a grant under subsection (10) shall file a report with the board not later than 90 days
following the end of the year or a shorter period for which the grant is made. The report must be made in a form
prescribed by the board and is subject to audit by the board. The board shall include each report received under
this subsection as part of the board’s annual report required under subsection (22). The report under this
subsection must include the following information:
(a) An account of all grant expenditures made by the grant recipient. Expenditures must be reported within
the following categories:
(i) Employee and contract for services costs.
(ii) Costs of materials and supplies.
(iii) Filing fees and other costs required to effectively represent residential utility consumers as provided in
this section.
(b) A detailed list of the regulatory issues raised by the grant recipient and how each issue was determined by
the commission, court, or other tribunal.
(c) Any additional information concerning uses of the grant required by the board.
(21) On or before July 1 of each year, the attorney general shall file a report with the house and senate
committees on appropriations and the house and senate committees with jurisdiction over energy and utility
policy issues. The report must include the following information:
(a) An account of all expenditures made by the attorney general of money received under this section.
Expenditures must be reported in the following categories:
(i) Employee and contract for services costs.
(ii) Costs of materials and supplies.
(iii) Filing fees and other costs required to effectively represent utility consumers as provided in this section.
(b) Any additional information concerning uses of the money received under this section required by the
committees.
(22) On or before July 1 of each calendar year, the board shall submit a detailed report to the house and senate
committees with jurisdiction over energy and utility policy issues regarding the discharge of duties and
responsibilities under this section and section 6l during the preceding calendar year.
Sec. 6t. (1) The commission shall, by August 31, 2025, and every 4 years thereafter, commence a proceeding
and, in consultation with the department of environment, Great Lakes, and energy, and other interested parties,
do all of the following as part of the proceeding:
(a) Conduct an assessment of the potential for energy waste reduction in this state.
(b) Conduct an assessment for the use of demand response programs in this state, based on what is
economically and technologically feasible, as well as what is reasonably achievable. The assessment must
expressly account for advanced metering infrastructure that has already been installed in this state and seek to
fully maximize potential benefits to ratepayers in lowering utility bills.
(c) Identify significant state or federal environmental regulations, laws, or rules and how each regulation, law,
or rule would affect electric utilities in this state.
(d) Identify any formally proposed state or federal environmental regulation, law, or rule that has been
published in the Michigan Register or the Federal Register and how the proposed regulation, law, or rule would
affect electric utilities in this state. 8
(e) Identify any required planning reserve margins and local clearing requirements in areas of this state.
(f) Establish the modeling scenarios and assumptions each electric utility should include in addition to its own
scenarios and assumptions in developing its integrated resource plan filed under subsection (3), including, but
not limited to, all of the following:
(i) Any required planning reserve margins and local clearing requirements.
(ii) All applicable state and federal environmental regulations, laws, and rules identified in this subsection.
(iii) Any supply-side and demand-side resources that reasonably could address any need for additional
generation capacity, including, but not limited to, the type of generation technology for any proposed generation
facility, projected energy waste reduction savings, projected load impact due to electrification, and projected load
management and demand response savings.
(iv) Any regional infrastructure limitations in this state.
(v) The projected costs of different types of technologies and fuel used for electric generation.
(g) Allow other state agencies to provide input regarding any other regulatory requirements that should be
included in modeling scenarios or assumptions.
(h) Publish a copy of the proposed modeling scenarios and assumptions to be used in integrated resource plans
on the commission’s website.
(i) Before issuing the final modeling scenarios and assumptions each electric utility should include in
developing its integrated resource plan, receive written comments and hold hearings to solicit public input
regarding the proposed modeling scenarios and assumptions.
(j) Conduct an assessment of the potential for electrification of transportation, buildings, and industries
consistent with economy-wide elimination of greenhouse gas emissions in this state, based on what is economically
and technically feasible, as well as what is reasonably achievable.
(k) Identify environmental justice communities.
(2) A proceeding commenced under subsection (1) must be completed within 120 days, and is not a contested
case under chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288. The
determination of the modeling assumptions for integrated resource plans made under subsection (1) is not
considered a final order for purposes of judicial review. The determinations made under subsection (1) are only
subject to judicial review as part of the final commission order approving an integrated resource plan under this
section.
(3) Not later than April 20, 2019, each electric utility whose rates are regulated by the commission shall file
with the commission an integrated resource plan that provides a 5-year, 10-year, and 15-year projection of the
utility’s load obligations and a plan to meet those obligations, to meet the utility’s requirements to provide
generation reliability, including meeting planning reserve margin and local clearing requirements determined by
the commission or the appropriate independent system operator, and to meet all applicable state and federal
reliability and environmental regulations over the ensuing term of the plan. The commission shall issue an order
establishing filing requirements, including application forms and instructions, and filing deadlines for an
integrated resource plan filed by an electric utility whose rates are regulated by the commission. The electric
utility’s plan may include alternative modeling scenarios and assumptions in addition to those identified under
subsection (1).
(4) For an electric utility with fewer than 1,000,000 customers in this state whose rates are regulated by the
commission, the commission may issue an order implementing separate filing requirements, review criteria, and
approval standards that differ from those established under subsection (3). An electric utility providing electric
tariff service to customers both in this state and in at least 1 other state may design its integrated resource plan
to cover all its customers on that multistate basis. If an electric utility has filed a multistate integrated resource
plan that includes its service area in this state with the relevant utility regulatory commission in another state
in which it provides tariff service to retail customers, the commission shall accept that integrated resource plan
filing for filing purposes in this state. However, the commission may require supplemental information if
necessary as part of its evaluation and determination of whether to approve the plan. Upon request of an electric
utility, the commission may adjust the filing dates for a multistate integrated resource plan filing in this state to
place its review on the same timeline as other relevant state reviews.
(5) An integrated resource plan must include all of the following:
(a) A long-term forecast of the electric utility’s sales and peak demand under various reasonable scenarios.
(b) The type of generation technology proposed for a generation facility contained in the plan and the proposed
capacity of the generation facility, including projected fuel costs under various reasonable scenarios. 9
(c) Projected energy purchased or produced by the electric utility from a renewable energy resource. If the level
of renewable energy purchased or produced is projected to drop over the planning periods set forth in
subsection (3), the electric utility must demonstrate why the reduction is in the best interest of ratepayers.
(d) An analysis of how the electric utility’s plan complies with the renewable energy plan requirements and
goals of section 28 of the clean and renewable energy and energy waste reduction act, 2008 PA 295, MCL 460.1028,
the clean energy requirements of section 51 of the clean and renewable energy and energy waste reduction act,
2008 PA 295, MCL 460.1051, the energy waste reduction measures in section 77 of the clean and renewable energy
and energy waste reduction act, 2008 PA 295, MCL 460.1077, and the energy storage target of section 101 of the
clean and renewable energy and energy waste reduction act, 2008 PA 295, MCL 460.1101.
(e) Projected load management and demand response savings for the electric utility and the projected costs for
those programs.
(f) Projected energy and capacity purchased or produced by the electric utility from a cogeneration resource.
(g) An analysis of potential new or upgraded electric transmission options for the electric utility.
(h) Data regarding the utility’s current generation portfolio, including the age, capacity factor, licensing status,
and remaining estimated time of operation for each facility in the portfolio.
(i) Plans for meeting current and future capacity needs with the cost estimates for all proposed construction
and major investments, including any transmission or distribution infrastructure that would be required to
support the proposed construction or investment, and power purchase agreements.
(j) An analysis of the cost, capacity factor, and viability of all reasonable options available to meet projected
energy and capacity needs, including, but not limited to, existing electric generation facilities in this state.
(k) Projected rate and affordability impact for the periods covered by the plan.
(l) How the utility will comply with all applicable state and federal environmental regulations, laws, and rules,
and the projected costs of complying with those regulations, laws, and rules.
(m) A forecast of the utility’s peak demand and details regarding the amount of peak demand reduction the
utility expects to achieve and the actions the utility proposes to take in order to achieve that peak demand
reduction.
(n) The projected long-term firm gas transportation contracts or natural gas storage the electric utility will
hold to provide an adequate supply of natural gas to any new generation facility.
(o) The projected long-term forecast of greenhouse gas emissions and other pollutants from power generated
or purchased by the electric utility. The electric utility may include details on the broader emissions impact of
shifting to electrification of transportation, buildings, and industries.
(p) An environmental justice impact analysis that includes a review of the reasonably anticipated
environmental justice impacts for any plan that includes the construction of a new natural-gas-fired generation
facility and an analysis of whether the facility complies with the requirements for clean energy systems
established in the clean and renewable energy and energy waste reduction act, 2008 PA 295, MCL 460.1001 to
460.1211. If a plan proposes retiring or retaining 1 or more fossil fuel peaking plants, in an environmental justice
community, a review of the reasonably anticipated environmental justice impacts for each generation facility.
(6) Before filing an integrated resource plan under this section, each electric utility whose rates are regulated
by the commission shall issue a request for proposals to provide any new supply-side generation capacity resources
needed to serve the utility’s reasonably projected electric load, applicable planning reserve margin, and local
clearing requirement for its customers in this state and customers the utility serves in other states during the
initial 3-year planning period to be considered in each integrated resource plan to be filed under this section. An
electric utility shall define qualifying performance standards, contract terms, technical competence, capability,
reliability, creditworthiness, past performance, and other criteria that responses and respondents to the request
for proposals must meet in order to be considered by the utility in its integrated resource plan to be filed under
this section. Respondents to a request for proposals may request that certain proprietary information be exempt
from public disclosure as allowed by the commission. A utility that issues a request for proposals under this
subsection shall use the resulting proposals to inform its integrated resource plan filed under this section and
include all of the submitted proposals as attachments to its integrated resource plan filing regardless of whether
the proposals met the qualifying performance standards, contract terms, technical competence, capability,
reliability, creditworthiness, past performance, or other criteria specified for the utility’s request for proposals
under this section. An existing supplier of electric generation capacity currently producing at least 200 megawatts
of firm electric generation capacity resources located in the independent system operator’s zone in which the
utility’s load is served that seeks to provide electric generation capacity resources to the utility may submit a
written proposal directly to the commission as an alternative to any supply-side generation capacity resource
included in the electric utility’s integrated resource plan submitted under this section, and has standing to 10
intervene in the contested case proceeding conducted under this section. This subsection does not require an entity
that submits an alternative under this subsection to submit an integrated resource plan. This subsection does not
limit the ability of any other person to submit to the commission an alternative proposal to any supply-side
generation capacity resource included in the electric utility’s integrated resource plan submitted under this
section and to petition for and be granted leave to intervene in the contested case proceeding conducted under
this section under the rules of practice and procedure of the commission. The commission shall only consider an
alternative proposal submitted under this subsection as part of its approval process under subsection (8). The
electric utility submitting an integrated resource plan under this section is not required to adopt any proposals
submitted under this subsection. To the extent practicable, each electric utility is encouraged, but not required,
to partner with other electric providers in the same local resource zone as the utility’s load is served in the
development of any new supply-side generation capacity resources included as part of its integrated resource plan.
(7) Not later than 300 days after an electric utility files an integrated resource plan under this section, the
commission shall state if the commission has any recommended changes, and if so, describe them in sufficient
detail to allow their incorporation in the integrated resource plan. If the commission does not recommend changes,
it shall issue a final, appealable order approving or denying the plan filed by the electric utility. If the commission
recommends changes, the commission shall set a schedule allowing parties at least 15 days after that
recommendation to file comments regarding those recommendations, and allowing the electric utility at least
30 days to consider the recommended changes and submit a revised integrated resource plan that incorporates
1 or more of the recommended changes. If the electric utility submits a revised integrated resource plan under
this section, the commission shall issue a final, appealable order approving the plan as revised by the electric
utility or denying the plan. The commission shall issue a final, appealable order no later than 360 days after an
electric utility files an integrated resource plan under this section. Up to 150 days after an electric utility makes
its initial filing, the electric utility may file to update its cost estimates if those cost estimates have materially
changed. A utility shall not modify any other aspect of the initial filing unless the utility withdraws and refiles
the application. A utility’s filing updating its cost estimates does not extend the period for the commission to issue
an order approving or denying the integrated resource plan. The following are applicable to an integrated resource
plan filed under this section:
(a) The commission shall do all of the following:
(i) Review the integrated resource plan in a contested case proceeding conducted in accordance with chapter 4
of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288.
(ii) Allow intervention by interested persons including electric customers of the utility, respondents to the
utility’s request for proposals under this section, or other parties approved by the commission.
(iii) Request an advisory opinion from the department of environment, Great Lakes, and energy regarding all
of the following:
(A) Whether any potential decrease in emissions of sulfur dioxide, oxides of nitrogen, mercury, and particulate
matter would reasonably be expected to result if the integrated resource plan proposed by the electric utility under
subsection (3) was approved.
(B) Whether the integrated resource plan can reasonably be expected to achieve compliance with the
regulations, laws, or rules identified in subsection (1).
(C) The potential impacts of proposed energy generation resources and of any prudent and feasible alternatives
identified by the department on whether the plan makes adequate progress toward achieving the clean energy
standard established in section 51 of the clean and renewable energy and energy waste reduction act,
2008 PA 295, MCL 460.1051.
(D) The potential impacts of the plan and of any prudent and feasible alternatives identified by the department
on whether the plan makes adequate progress toward the economy-wide virtual elimination of greenhouse gas
emissions in this state by 2050.
(E) Whether the plan in comparison to any prudent and feasible alternatives makes adequate progress toward
the elimination of adverse effects on human health due to power generation in this state.
(F) Whether the plan in comparison to any prudent and feasible alternatives adequately reduces harms to the
health, safety, and welfare of individuals in environmental justice communities.
(b) The commission may do 1 or both of the following:
(i) Take official notice of the opinion issued by the department of environment, Great Lakes, and energy under
this subsection pursuant to R 792.10428 of the Michigan Administrative Code. Information submitted by the
department of environment, Great Lakes, and energy under this subsection is advisory and is not binding on
future determinations by the department of environment, Great Lakes, and energy or the commission in any
proceeding or permitting process. This section does not prevent an electric utility from applying for, or receiving,
any necessary permits from the department of environment, Great Lakes, and energy. 11
(ii) Invite other state agencies to provide testimony regarding other relevant regulatory requirements related
to the integrated resource plan. The commission shall permit reasonable discovery after an integrated resource
plan is filed and during the hearing in order to assist parties and interested persons in obtaining evidence
concerning the integrated resource plan, including, but not limited to, the reasonableness and prudence of the
plan and alternatives to the plan raised by intervening parties.
(8) The commission shall approve the integrated resource plan under subsection (7) if the commission
determines all of the following:
(a) The proposed integrated resource plan represents the most reasonable and prudent means of meeting the
electric utility’s energy and capacity needs. To determine whether the integrated resource plan is the most
reasonable and prudent means of meeting energy and capacity needs, the commission shall consider whether the
plan appropriately balances all of the following factors:
(i) Resource adequacy and capacity to serve anticipated peak electric load, applicable planning reserve margin,
and local clearing requirement.
(ii) Compliance with applicable state and federal environmental regulations.
(iii) Competitive pricing.
(iv) Reliability.
(v) Commodity price risks.
(vi) Diversity of generation supply.
(vii) Whether the proposed levels of peak load reduction and energy waste reduction are reasonable and cost-
effective.
(viii) Affordability.
(ix) Overall cost-effectiveness in providing utility service.
(b) To the extent practicable, the construction or investment in a new or existing capacity resource in this state
is completed using a workforce composed of residents of this state as determined by the commission. This
subdivision does not apply to a capacity resource that is located in a county that lies on the border with another state.
(c) The construction and construction maintenance of new or the rehabilitation of existing capacity resources
in this state includes using an apprenticeship program registered and certified with the United States Secretary
of Labor under the national apprenticeship act, 29 USC 50 to 50c, and the workers employed for the construction
or construction maintenance of the energy facility are paid a minimum wage standard not less than the wage and
fringe benefit rates prevailing in the locality in which the work is to be performed as determined under 2023
PA 10, MCL 408.1101 to 408.1126, or 40 USC 3141 to 3148, whichever provides the higher wage and fringe benefit
rates, and, to the extent permitted by law, the entities performing the construction or construction maintenance
work shall enter into a project labor agreement or operate under a collective bargaining agreement for the work
to be performed. This subdivision does not apply to an independent power producer supplying power under a
contract or agreement entered into in accordance with the public utility regulatory policies act of 1978, Public
Law 95-617, as of the effective date of the amendatory act that added this subdivision. As used in this subdivision,
“project labor agreement” means a prehire collective bargaining agreement with 1 or more labor organizations
that establishes the terms and conditions of employment for a specific construction project and does all of the
following:
(i) Binds all contractors and subcontractors on the construction project through the inclusion of appropriate
specifications in all relevant solicitation provisions and contract documents.
(ii) Allows all contractors and subcontractors on the construction project to compete for contracts and
subcontracts without regard to whether they are otherwise parties to collective bargaining agreements.
(iii) Contains guarantees against strikes, lockouts, and similar job disruptions.
(iv) Sets forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during
the term of the project labor agreement.
(v) Provides other mechanisms for labor-management cooperation on matters of mutual interest and concern,
including productivity, quality of work, safety, and health.
(vi) Complies with all state and federal laws, rules, and regulations.
(d) The plan is consistent with the renewable energy plan requirements and goals of section 28 of the clean
and renewable energy and energy waste reduction act, 2008 PA 295, MCL 460.1028, the clean energy
requirements of section 51 of the clean and renewable energy and energy waste reduction act, 2008 PA 295,
MCL 460.1051, the energy waste reduction measures in section 77 of the clean and renewable energy and energy
waste reduction act, 2008 PA 295, MCL 460.1077, and the energy storage target of section 101 of the clean and
renewable energy and energy waste reduction act, 2008 PA 295, MCL 460.1101. 12
(e) The plan promotes environmental quality and public health and reasonably mitigates adverse effects on
human health due to power generation, with a priority on mitigating impacts and prioritizing benefits to
communities disproportionately impacted by pollution and other environmental harms.
(f) The plan meets the requirements of subsection (5).
(9) If the commission denies a utility’s integrated resource plan, the utility, within 60 days after the date of
the final order denying the integrated resource plan, may submit revisions to the integrated resource plan to the
commission for approval. The commission shall commence a new contested case hearing under chapter 4 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288. Not later than 90 days after the date
that the utility submits the revised integrated resource plan to the commission under this subsection, the
commission shall issue an order approving or denying, with recommendations, the revised integrated resource
plan if the revisions are not substantial or inconsistent with the original integrated resource plan filed under this
section. If the revisions are substantial or inconsistent with the original integrated resource plan, the commission
has up to 150 days to issue an order approving or denying, with recommendations, the revised integrated resource
plan.
(10) If the commission denies an electric utility’s integrated resource plan, the electric utility may proceed with
a proposed construction, purchase, investment, or power purchase agreement contained in the integrated resource
plan without the assurances granted under this section.
(11) In approving an integrated resource plan under this section, the commission shall specify the costs
approved for the construction of or significant investment in an electric generation or energy storage facility, the
purchase of an existing electric generation or energy storage facility, the purchase of power under the terms of
the power purchase or energy storage agreement, or other investments or resources used to meet energy and
capacity needs that are included in the approved integrated resource plan. The costs for specifically identified
investments, including the costs for facilities under subsection (12), included in an approved integrated resource
plan that are commenced within 3 years after the commission’s order approving the initial plan, amended plan,
or plan review are considered reasonable and prudent for cost recovery purposes.
(12) Except as otherwise provided in subsection (13), for a new electric generation or energy storage facility
approved in an integrated resource plan that is to be owned by the electric utility and that is commenced within
3 years after the commission’s order approving the plan, the commission shall finalize the approved costs for the
electric generation or energy storage facility only after the utility has done all of the following and filed the results,
analysis, and recommendations with the commission:
(a) Implemented a competitive bidding process for all major engineering, procurement, and construction
contracts associated with the construction of the electric generation or energy storage facility.
(b) Implemented a competitive bidding process that allows third parties to submit firm and binding bids for
the construction of an electric generation or energy storage facility on behalf of the utility that would meet all of
the technical, commercial, and other specifications required by the utility for the generation or energy storage
facility, such that ownership of the electric generation or energy storage facility vests with the utility no later
than the date the electric generation or energy storage facility becomes commercially available.
(c) Demonstrated to the commission that the finalized costs for the new electric generation or energy storage
facility are not significantly higher than the initially approved costs under subsection (11). If the finalized costs
are found to be significantly higher than the initially approved costs, the commission shall review and approve
the proposed costs if the commission determines those costs are reasonable and prudent.
(13) If the capacity resource under subsection (12) is for the construction of an electric generation facility of
225 megawatts or more or for the construction of an additional generating unit or units totaling 225 megawatts
or more at an existing electric generation facility, the utility shall submit an application to the commission seeking
a certificate of necessity under section 6s.
(14) An electric utility shall annually, or more frequently if required by the commission, file reports to the
commission regarding the status of any projects included in the initial 3-year period of an integrated resource
plan approved under subsection (7).
(15) If an electric provider whose rates are regulated by the commission enters into a purchase power
agreement for renewable energy resources or a third-party contract for energy storage systems or clean energy
systems with an entity that is not affiliated with that utility, the commission shall authorize a financial incentive
for that utility calculated as the product of contract payments in that year multiplied by the electric provider’s
pretax weighted average cost of permanent capital comprised of long-term debt obligations and equity of the
electric provider’s total capital structure as determined by the commission’s final order in the electric provider’s
most recent general rate case. The pretax weighted average cost of permanent capital used to calculate the
financial incentive must not be fixed throughout the entire term of the contract at the pretax weighted average
cost of capital applicable in the first year and must be updated based on the commission’s final order in each 13
succeeding general rate case for the electric provider. The financial incentive applies to each contract described
in this subsection from the date the contract is executed for the entire term of the contract. This subsection applies
to any contract entered into after June 30, 2024.
(16) Notwithstanding any other provision of law, an order by the commission approving an integrated resource
plan may be reviewed by the court of appeals upon a filing by a party to the commission proceeding within 30 days
after the order is issued. All appeals of the order must be heard and determined as expeditiously as possible with
lawful precedence over other matters. Review on appeal is based solely on the record before the commission and
briefs to the court and is limited to whether the order conforms to the constitution and laws of this state and the
United States and is within the authority of the commission under this act.
(17) The commission shall include in an electric utility’s retail rates all reasonable and prudent costs specified
under subsections (11) and (12) that have been incurred to implement an integrated resource plan approved by
the commission. The commission shall not disallow recovery of costs an electric utility incurs in implementing an
approved integrated resource plan, if the costs do not exceed the costs approved by the commission under
subsections (11) and (12). If the actual costs incurred by the electric utility exceed the costs approved by the
commission, the electric utility has the burden of proving by a preponderance of the evidence that the costs are
reasonable and prudent. The portion of the cost of a plant, facility, power purchase agreement, or other investment
in a resource that meets a demonstrated need for capacity that exceeds the cost approved by the commission is
presumed to have been incurred due to a lack of prudence. The commission may include any or all of the portion
of the cost in excess of the cost approved by the commission if the commission finds by a preponderance of the
evidence that the costs are reasonable and prudent. The commission shall disallow costs the commission finds
have been incurred as the result of fraud, concealment, gross mismanagement, or lack of quality controls
amounting to gross mismanagement. The commission shall also require refunds with interest to ratepayers of
any of these costs already recovered through the electric utility’s rates and charges. If the assumptions underlying
an approved integrated resource plan materially change, or if the commission believes it is unlikely that a project
or program will become commercially operational, an electric utility may request, or the commission on its own
motion may initiate, a proceeding to review whether it is reasonable and prudent to complete an unfinished project
or program included in an approved integrated resource plan. If the commission finds that completion of the
project or program is no longer reasonable and prudent, the commission may modify or cancel approval of the
project or program and unincurred costs in the electric utility’s integrated resource plan. Except for costs the
commission finds an electric utility has incurred as the result of fraud, concealment, gross mismanagement, or
lack of quality controls amounting to gross mismanagement, if commission approval is modified or canceled, the
commission shall not disallow reasonable and prudent costs already incurred or committed to by contract by an
electric utility. Once the commission finds that completion of the project or program is no longer reasonable and
prudent, the commission may limit future cost recovery to those costs that could not be reasonably avoided.
(18) The commission may allow financing interest cost recovery in an electric utility’s base rates on
construction work in progress for capital improvements approved under this section prior to the assets’ being
considered used and useful. Regardless of whether or not the commission authorizes base rate treatment for
construction work in progress financing interest expense, an electric utility may recognize, accrue, and defer the
allowance for funds used during construction.
(19) An electric utility may seek to amend an approved integrated resource plan. Except as otherwise provided
under this subsection, the commission shall consider the amendments under the same process and standards that
govern the review and approval of a revised integrated resource plan under subsection (9). The commission may
order an electric utility that seeks to amend an approved integrated resource plan under this subsection to file a
plan review under subsection (21).
(20) An electric utility shall file an application for review of its integrated resource plan not later than 5 years
after the effective date of the most recent commission order approving a plan, a plan amendment, or a plan review.
The commission shall consider a plan review under the same process and standards established in this section for
review and approval of an integrated resource plan. A commission order approving a plan review has the same
effect as an order approving an integrated resource plan.
(21) The commission may, on its own motion or at the request of the electric utility, order an electric utility to
file a plan review. The department of environment, Great Lakes, and energy may request the commission to order
a plan review to address material changes in environmental regulations and requirements that occur after the
commission’s approval of an integrated resource plan. An electric utility must file a plan review within 270 days
after the commission orders the utility to file a plan review.
(22) As used in this section, “long-term firm gas transportation” means a binding agreement entered into
between the electric utility and a natural gas transmission provider for a set period of time to provide firm delivery
of natural gas to an electric generation facility. 14
Secretary of the Senate
Sec. 6aa. (1) The commission shall annually conduct at least 4 public meetings, hearings, townhalls, or other
opportunities for public engagement in areas geographically dispersed throughout this state. The commission
shall set the time, place, and manner of opportunities for public engagement under this subsection to take
comments from and encourage meaningful participation by low -income residential customers, residential
customers who experience high energy burdens, and individuals and communities likely to be impacted by the
outcome of commission proceedings. Any public meeting, hearing, townhall, or other opportunity for public
engagement the commission is otherwise required by law to conduct may count toward fulfilling this requirement.
(2) Not later than June 1, 2024, the commission shall open a proceeding to consider options to expand
opportunities for public engagement in its decision-making processes and procedures with respect to all of the
following:
(a) The accessibility and transparency of the commission’s decision-making processes.
(b) Opportunities for participation in the commission’s decision-making processes, especially by low-income
residential customers, residential customers that experience high energy burdens, and individuals and
communities impacted by commission decisions.
(c) The responsiveness of commission decisions to community needs and priorities.
(3) Not later than June 1, 2024, the commission shall open a proceeding to investigate opportunities for
improving the process by which it reviews applications filed under section 6a.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature
are enacted into law:
(a) Senate Bill No. 271.
(b) Senate Bill No. 273.
Clerk of the House of Representatives
Approved
Governor
Compiler's note: Senate Bill No. 271, referred to in enacting section 1, was filed with the Secretary of State
November 29, 2023, and became 2023 PA 235, Eff, Feb. 27, 2024.
Senate Bill No. 273, also referred to in enacting section 1, was filed with the Secretary of State November 29, 2023,
and became 2023 PA 229, Eff. Feb. 13, 2024.