Attorney General v. Public Service Commission

I concur in Judge Sawyer’s opinion to affirm, but write separately in order to address the specific concern raised by the dissent that MCL 460.6h; MSA 22.13(6h) does not authorize a utility to include a forecasted, prior period underrecovery in its proposed gas cost recovery factor for the following year. While I believe that this statute is susceptible to alternative interpretations, and that the dissent’s interpretation is a reasonable one, I also believe that the Michigan Public Service Commission’s interpretation is a reasonable one. Given our narrow standard of review, therefore, I…