Opinion
Docket No. 150555. COA No. 314829.
09-25-2015
In re APPLICATION OF INDIANA MICHIGAN POWER COMPANY FOR A CERTIFICATE OF NECESSITY. Association of Businesses Advocating Tariff Equity, Appellant, v. Michigan Public Service Commission, Appellee, and Indiana Michigan Power Company, Petitioner–Appellee, and Michigan Environmental Council, Appellee.
Order
On order of the Court, the application for leave to appeal the October 21, 2014 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE only the Court of Appeals statement that: “Since the term [singular] is subject to two interpretations, it is ambiguous and judicial construction is required to effectuate Legislative intent.” This definition of ambiguity is not correct. A provision of law is ambiguous only if it “irreconcilably conflict[s]” with another provision or “when it is equally susceptible to more than a single meaning.” Mayor of Lansing v. MPSC, 470 Mich. 154, 166, 680 N.W.2d 840 (2004). However, the Court of Appeals correctly considered the statutory context to assess the meaning of the term. Koontz v. Ameritech Services, Inc., 466 Mich. 304, 318, 645 N.W.2d 34 (2002). In all other respects, leave to appeal is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.