In re Detroit Edison Co.

I concur with the majority that the Public Service Commission’s decision to allow rate decoupling should be reversed because the issue is plainly controlled by the Legislature’s recent adoption of MCL 460.1089(6) and MCL 460.1097(4). These sections set forth the scope of the commission’s authority specifically with respect to rate decoupling and clearly limit that authority, regardless of what its scope was before their passage. Thus, the statutes determine the outcome of this issue, and the extent of the commission’s general authority as it existed before the adoption of these controlling…