SENATE BILL NO. 1341


   September 24, 1998, Introduced by Senator DUNASKISS and referred 
        to the Committee on Technology and Energy.



        A bill to amend 1939 PA 3, entitled

   "An act to provide for the regulation and control of public util-
   ities and other services affected with a public interest within
   this state; to create a public service commission and to pre-
   scribe and define its powers and duties; to abolish the Michigan
   public utilities commission and to confer the powers and duties
   vested by law therein on the public service commission; to pro-
   vide for the continuance, transfer, and completion of certain
   matters and proceedings; to abolish automatic adjustment clauses;
   to prohibit rate increases without notice and hearing; to qualify
   residential energy conservation programs permitted under state
   law for certain federal exemption; to provide for a restructuring
   of rates for certain utilities; to encourage the utilization of
   resource recovery facilities; to provide for appeals; to provide
   appropriations; to declare the effect of this act; to prescribe
   penalties; and to repeal all acts contrary to this act,"

   by amending sections 4 and 5 (MCL 460.4 and 460.5), section 4 as

   amended by 1993 PA 355.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 4.  (1) The Michigan public service commission 
             shall

 2     have  HAS and SHALL exercise all rights,
                       privileges, and the




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 1    jurisdiction in all respects as has been conferred by law and

 2    exercised by the Michigan public utilities commission. 
             Where 

 3         (2) EXCEPT AS PROVIDED IN SUBSECTION (3), WHERE A reference

 4    is or has been made in any law OR STATUTE to the "commission",

 5    the "Michigan public utilities commission", the "Michigan rail-

 6    road commission", that reference shall be construed to mean the

 7    Michigan public service commission.  except that with
             

 8         (3) WITH respect to railroad, bridge, and tunnel companies,

 9     that reference  A REFERENCE TO THE "COMMISSION"
             shall be con-

10    strued to mean the state transportation department.  Any
             

11         (4) AN order  or decree  of the Michigan
             public service com-

12    mission shall be subject to review in the SAME manner AS provided

13    for in section 26 of  Act No. 300 of the Public Acts of
             1909,

14     being section 462.26 of the Michigan Compiled Laws 
                       1909 PA 300,

15    MCL 462.26.

16         Sec. 5.  (1) All books, records, files, papers, documents,

17    and other property belonging to the Michigan public utilities

18    commission shall be  forthwith turned over 
             TRANSFERRED to the

19    Michigan public service commission and  shall be continued
             as a 

20    ARE part of the records, files, and other property of  said
              THE

21    MICHIGAN PUBLIC SERVICE commission.

22         (2) The Michigan public service commission  shall in
             all

23     respects be considered to be  IS the successor in
                       office of the

24    Michigan public utilities commission  in respect to
              AND HAS all

25    of the powers  or  AND duties  now vested
             in or imposed upon

26     said  OF THE public utilities commission. 
                       Any 





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 1         (3) ALL unexpended  balance of moneys  MONEY
             in the state

 2    treasury and any fees or other  moneys  MONEY now
             owing to  said 

 3    THE public utilities commission  shall be and the same are

 4     hereby  ARE transferred and assigned  over
                        to the Michigan

 5    public service commission.  hereby created, to be used and
             dis-

 6     posed of as provided by law. 












































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