in Re Application of Consumers Energy for Reconciliation of Costs

I join with the majority in the analysis and result *634reached in Part IV of the majority opinion which holds that MCL 460.6a(8) “should be construed to mean that annual adjustments to the $1,000,000 cap shall be calculated by applying the CPI rate for the PSCR year at issue to the $1,000,000 cap as adjusted in prior years, or by applying the cumulative CPI rate from 2009 forward to the $1,000,000 cap.” However, I respectfully disagree and dissent from the analysis and outcome reached in Part III of the majority opinion. Rather, I agree with Judge WHITBECK’s dissent in In re Application of…