MSC grants MOAA on whether the Public Service Commission has authority to enforce a settlement agreement

The Michigan Supreme Court has granted mini-oral argument on the question of whether the Michigan Public Service Commission’s (“MPSC”) authority is limited to what the Legislature dictates such that the MPSC exceeded its statutory authority under MCL 460.1089(6) in approving a settlement agreement reached with the Upper Peninsula Power Company. In Enbridge Energy Limited Partnership v. Upper Peninsula Power Company and Michigan Public Service Commission, No. 153118, the Court directed the parties to address the following issues:

(1) whether the Court of Appeals erred in holding that the decision in Dodge v. Detroit Trust Co., 300 Mich 575 (1942) is relevant to the determination of whether the MPSC exceeded its statutory authority by enforcing a settlement agreement;

(2) if so, whether Enbridge Energy Limited Partnership (“Enbridge”) is barred from asserting that the settlement agreement is unenforceable or void; and

(3) whether Enbridge is procedurally barred from challenging the MPSC’s prior orders because it failed to intervene in the cases or appeal from the orders.

To read our previous post about the Court of Appeals’ opinion, click here.