Consumers Power Co. v. United States Department of Energy

This consolidated appeal concerns several issues related to an action brought by Consumers Power Company (Consumers) through which Consumers sought to participate in the Department of Energy’s (the Department) Entitlement Program.

I

The appeals in all of the cases presently before this Court evolved out of the decision of the United States District Court for the Eastern District of Michigan requiring the Department to include Consumers in the Department’s Entitlements Program (the Program) for the period it was a “refiner” as defined in the Emergency Petroleum Allocation Act of 1978, Pub.L. No.…