Rovas v. SBC Michigan

I concur in Part III of the majority opinion, which upholds the propriety of the remand order of the second Court of Appeals panel. I dissent from the rest of the majority opinion because it is founded on a misunderstanding of the decision of the Public Service Commission (PSC).

The majority holds that, in Michigan, an agency’s construction of a statute is entitled to “respectful consideration” and “should not be overruled without cogent reasons.”1 This standard of review, according to the majority, is different from giving agency interpreta*119tions of statutes deference or great weight. I see no…