Opinion
Nos. 134667, 134668, 134669, 134671, 134673, 134674, 134676, and 134677.
September 19, 2008.
Court of Appeals Nos. 259845, 264099, 264191, 264131, 264156.
Leave to Appeal Granted September 19, 2008.
The motion of Detroit Edison Company to exceed the page limit is granted. The applications for leave to appeal the July 3, 2007, judgment of the Court of Appeals is considered, and they are granted, limited to: (1) whether "transmission costs" may be included in the power supply cost recovery factor, MCL 460.6j(1)(a) and (b) and (2) whether the Court of Appeals erred in concluding that the Public Service Commission's decision to prohibit recovery of the control premium that DTE Energy paid to acquire MCN Energy by including the premium in Detroit Edison's rates was not supported by competent, material, and substantial evidence on the whole record. Const 1963, art 6, § 28; In re Complaint of Rovas Against SBC Michigan, 482 Mich 90, 101 (2008).
We further order that these cases be argued and submitted to the Court together with the case of Attorney General v Public Service Commission (Docket No. 136431), at such future session of the Court as these cases are ready for submission.