Legal Opinion

Union Carbide Corp. v. Public Service Commission

Michigan Supreme Court

Decided August 23, 1988No. Docket Nos. 79148, 79150, (Calendar No. 1)PublishedCited by 58 opinions

1Opinion of the CourtBrickley, J.

This case presents two questions. First, did the Public Service Commission exceed its statutory authority in ordering Consumers Power Company to cease noneconomic operation of its Karri oil-fired generating plants and to limit acceptance of oil deliveries under its contract with Union Carbide? Second, did the commission’s order impair the contractual obligation of Union Carbide to provide oil to Consumers Power?

We hold that, in this case, the commission exceeded its statutory authority by ordering Consumers Power to stop operating its Karn units out of economic order and to limit its…

2Cases cited14 opinions

  1. State ex rel. Southwestern Bell Telephone Co. v. Public Service Commission of MissouriSupreme Court of the United States · 1923
  2. Mason County Civic Research Council v. Mason CountyMichigan Supreme Court · 1955
  3. Huron Portland Cement Co. v. Public Service CommissionMichigan Supreme Court · 1958
  4. Attorney General v. Michigan Public Service CommissionMichigan Supreme Court · 1982
  5. Detroit Edison Co. v. Public Service CommissionMichigan Supreme Court · 1982

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3Cited by58 opinions

  1. Consumers Power Co. v. Public Service CommissionMichigan Supreme Court · 1999
  2. Ameritech Michigan v. PSC MICHIGAN PUBLIC SERVICE COMM'NMichigan Court of Appeals · 2003
  3. Consumers Power Co. v. Public Service CommissionMichigan Court of Appeals · 1991
  4. Detroit Edison Co. v. Public Service CommissionMichigan Court of Appeals · 1997
  5. Miller Bros. v. Public Service CommissionMichigan Court of Appeals · 1989

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