Opinion
Docket Nos. 153116 153118. COA Nos. 321946 321946.
10-07-2016
ENBRIDGE ENERGY LIMITED PARTNERSHIP, Petitioner–Appellee, v. UPPER PENINSULA POWER COMPANY, Respondent–Appellant, and Michigan Public Service Commission, Appellee. Enbridge Energy Limited Partnership, Petitioner–Appellee, v. Upper Peninsula Power Company, Respondent–Appellee, and Michigan Public Service Commission, Appellant.
Order
On order of the Court, the applications for leave to appeal the December 22, 2015 judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral argument on whether to grant the applications or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the Court of Appeals erred in holding that the analysis provided in Dodge v. Detroit Trust Co., 300 Mich. 575, 613, 2 N.W.2d 509 (1942), was relevant to the determination whether the Michigan Public Service Commission (MPSC) exceeded its statutory authority by enforcing a settlement agreement that included a revenue decoupling mechanism for an electric utility; (2) if Dodge applies, whether the petitioner was barred from arguing that the settlement agreement is unenforceable or void; and (3) whether the petitioner is procedurally barred from challenging the MPSC's prior orders when it failed to intervene in the cases or appeal from the orders. The parties may address other issues but should not submit mere restatements of their application papers.