Ass'n of Businesses Advocating Tariff Equity v. Mich. Pub. Serv. Comm'n (In re Detroit Edison Co.), Docket No. 145750.

• Decision Date: 29 March 2013
• Docket Number: COA No. 302110.,Docket No. 145750.
• Parties: In re Application of the DETROIT EDISON COMPANY to Increase Rates. Association of Businesses Advocating Tariff Equity, Appellant, v. Michigan Public Service Commission, Appellee, and The Detroit Edison Company, Petitioner–Appellee.
• Court: Michigan Supreme Court

493 Mich. 950

828 N.W.2d 27

In re Application of the DETROIT EDISON COMPANY to Increase Rates.

Association of Businesses Advocating Tariff Equity, Appellant,

v.Michigan Public Service Commission, Appellee,andThe Detroit Edison Company, Petitioner–Appellee.

Docket No. 145750.

COA No. 302110.

Supreme Court of Michigan.

March 29, 2013.

Prior report: 297 Mich.App. 377, 823 N.W.2d 433.

Order

On order of the Court, the application for leave to appeal the July 26, 2012 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether the Court of Appeals erred in concluding that MCL 460.6a( l ) is subject to “reasonable but differing interpretations” and therefore ambiguous, see Mayor of City of Lansing v. Michigan Public Service Com'n, 470 Mich. 154, 166, 680 N.W.2d 840 (2004) (ambiguity arises where a provision of the law “ ‘irreconcilably conflict[s]’ with another provision ... or where it is equally susceptible to more than a single meaning”), citing Klapp v. United Ins. Group Agency, 468 Mich. 459, 467, 663 N.W.2d 447 (2003); and (2) whether MCL 460.6a( l ) requires that a refund to primary customers required after a utility implements increased rates or charges under that subsection be allocated to each primary customer that was over-charged on the basis of the amount paid by each primary customer.