February 19, 2009, Introduced by Reps. Marleau, Melton, Coulouris, Horn, Mayes, Scripps, Geiss and Schuitmaker and referred to the Committee on Energy and Technology.
A bill to amend 1939 PA 3, entitled
"An act to provide for the regulation and control of public and
certain private utilities and other services affected with a public
interest within this state; to provide for alternative energy
suppliers; to provide for licensing; to include municipally owned
utilities and other providers of energy under certain provisions of
this act; to create a public service commission and to prescribe
and define its powers and duties; to abolish the Michigan public
utilities commission and to confer the powers and duties vested by
law on the public service commission; to provide for the
continuance, transfer, and completion of certain matters and
proceedings; to abolish automatic adjustment clauses; to prohibit
certain rate increases without notice and hearing; to qualify
residential energy conservation programs permitted under state law
for certain federal exemption; to create a fund; to provide for a
restructuring of the manner in which energy is provided in this
state; to encourage the utilization of resource recovery
facilities; to prohibit certain acts and practices of providers of
energy; to allow for the securitization of stranded costs; to
reduce rates; to provide for appeals; to provide appropriations; to
declare the effect and purpose of this act; to prescribe remedies
and penalties; and to repeal acts and parts of acts,"
(MCL 460.1 to 460.11) by adding section 9h.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9h. Upon a complaint or the commission's own motion, the
commission may review allegations of violations of section 9d, 9e,
or 9f or rules promulgated under section 9g. If the commission
finds that a provider has violated section 9d, 9e, or 9f or rules
promulgated under section 9g, the commission shall order any
remedies and penalties necessary to make a customer whole,
including, but not limited to, ordering the provider to pay a fine
as determined by the commission. Any fine assessed under this
subsection shall be deposited into the low income and energy
efficiency fund.