Enbridge Energy Limited Partnership v. Upper Peninsula Power Co

Enbridge Energy Limited Partnership (En-bridge) appeals the order of the Michigan Public Service Commission (PSC) that dismissed Enbridge’s complaint, which challenged the PSC’s authority to approve a settlement agreement that provided for the use of a revenue decoupling mechanism (RDM). For the reasons below, we reverse and remand.

I. BACKGROUND

This case raises the issue of whether the PSC possessed the authority to approve a settlement agreement between the PSC staff and the Upper Peninsula Power Company (UPPC) that established an RDM for UPPC for the test year 2010.

In June 2009, UPPC filed…