October 18, 2016, Introduced by Senator SHIRKEY and referred to the Committee on Energy and Technology.
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, qualified 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 all
of the following:
(a) An independent transmission company, qualified
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, qualified
transmission company, or affiliated transmission company leases
rights-of-way for its electric transmission facilities from the
utility.
(b) An independent transmission company, qualified
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.
(c) When a certificate is necessary or has been applied for
under the electric transmission line certification act, 1995 PA 30,
MCL 460.561 to 460.575, a qualified transmission company shall not
condemn property unless both of the following apply:
(i) The Federal Energy Regulatory Commission or appropriate
regional transmission organization has formally designated or
otherwise approved that transmission line project for the qualified
transmission company.
(ii) The commission has reviewed the necessity of the
condemnation of property associated with a project approved under
subparagraph (i) and has granted the qualified transmission company
a certificate for that transmission line project under section 8 or
section 9 of the electric transmission line certification act, 1995
PA 30, MCL 460.568 and 460.569.
(2) Except as otherwise provided under this section, in
condemning property under subsection (1), an independent
transmission company, qualified 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,
qualified 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 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 an affiliate of the utility, generating or distributing
electricity to retail customers in this state.
(d) "Qualified transmission company" means a person,
partnership, corporation, or other legal entity, or its successors
or assigns, other than an affiliated transmission company or an
independent transmission company, that is designated by the Federal
Energy Regulatory Commission or the appropriate regional
transmission organization as a qualified transmission developer and
that meets either of the following:
(i) Has been granted or is applying for a certificate issued
by the commission under section 8 or section 9 of the electric
transmission line certification act, 1995 PA 30, MCL 460.568 and
460.569, for the construction of a transmission project that either
has been or is anticipated to be included in a regional
transmission plan approved by either the Federal Energy Regulatory
Commission or the appropriate regional transmission organization.
(ii) Is conducting activities listed under section 5(2)(b) of
the electric transmission line certification act, 1995 PA 30, MCL
460.565.