National Steel Corp. v. Long

OPINION OF THE COURT

ROBERT HOLMES BELL, District Judge.

This case presents a challenge to a prospective exercise of regulatory jurisdiction by the Michigan Public Service Commission (“MPSC”). In a seven-count complaint, plaintiffs allege the MPSC is without authority to regulate a proposed delivery of liquid ethane to Nation Steel Corporation.1 Now before the Court are two motions which place at issue only four of the seven counts. Plaintiffs move for voluntary dismissal of count VII, without prejudice, and for summary judgment as to counts I, II and III.

I

The facts material to the present…