In re Application of International Transmission Co.
Michigan Court of Appeals
827 N.W.2d 385 (2012), rev'd in part on other grounds, 822 N.W.2d 23 (2013)
- Written by Robert Cane, JD
Facts
The Michigan legislature had passed the Clean, Renewable, and Efficient Energy Act (Act 295) to promote the development of renewable resources. Part 4 of Act 295 created a wind-energy-resource-zone board (WERZ board) to identify regions with good potential for wind-energy production. The Michigan Public Service Commission (the commission) (defendant) would then designate a region as the primary-wind-energy-resource zone. Utilities and transmission companies were permitted to apply for an expedited siting certificate for transmission infrastructure in that zone. The WERZ board issued its final report to the commission, identifying four regions with the highest wind-energy potential. International Transmission Company (ITC) provided information to the WERZ board about the need for more transmission facilities in region four. The commission designated region four as the primary-wind-energy-resource zone. ITC applied to the Midwest Independent Transmission System Operator, Inc. (MISO) for approval of a transmission line serving region four. MISO approved the transmission line. Then, ITC filed an application for an expedited siting certificate for a proposed transmission line for wind energy. The commission found that ITC satisfied the applicable statutory requirements under MCL 460.1153, that the transmission line was of appropriate capability, and that the size of the line was reasonable based on potential future transmission-capacity needs, and the commission issued the expedited siting certificate. The Association of Businesses Advocating Tariff Equity, Michigan Public Power Agency, and the Michigan Municipal Electric Association (the opposition group) (plaintiffs) challenged the commission’s decision to issue an expedited siting certificate and authorize construction of ITC’s proposed transmission line. The opposition group argued that the Electric Transmission Line Certification Act (Act 30) required ITC to apply for a certificate of public convenience and necessity before beginning construction.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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