HOUSE BILL No. 4393

 

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.