DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                         PUBLIC SERVICE COMMISSION

               PRACTICE AND PROCEDURE BEFORE THE COMMISSION


(By authority conferred on the public service commission by  section   7   of 
Act No. 106 of the Public Acts of 1909,  as  amended,  section   1   of   Act 
No. 144 of the Public Acts of 1909, as amended, section 2 of  Act  No. 300 of 
the Public Acts of 1909, as amended, section 13  of  Act  No.  206   of   the 
Public Acts of 1913, as amended, section 5 of Act No. 419   of   the   Public 
Acts of 1919, as amended, section 6 of article 5 of  Act  No.  254   of   the 
Public Acts of 1933, as amended, section 6 of Act No. 3 of the Public Acts of 
1939, as amended, and section 33 of Act No. 306 of the Public  Acts  of 1969, 
as amended, being SS460.557, 460.301, 462.2, 484.113, 460.55,  479.6,  460.6, 
and 24.233 of the Michigan Compiled Laws)


                        PART 1. GENERAL PROVISIONS


R  460.17101   Definitions.
  Rule 101. As used in these rules:
  (a) "Applicant" means  one  who  applies,  requests,   or   petitions   for 
permission, authorization, or approval.
  (b) "Commission" means the Michigan public service commission.
  (c) "Complainant" means one who files  a  complaint   pursuant   to   these 
rules.
  (d) "Complaint" means an initial pleading filed by a complainant.
  (e) "Intervenor" means  one  permitted  to  intervene   in   a   proceeding 
pursuant to these rules.
  (f) "Party" means a person by or against whom a proceeding is  commenced or 
a person who is permitted  to   intervene,   a   person   who   protests   an 
application for motor carrier authority, or the staff of  the  commission  in 
any proceeding in which the staff participates. Parties   to   a   proceeding 
shall  designate  themselves  as   applicants,   complainants,   intervenors, 
respondents,  protestants,  or  staff  according  to  the   nature   of   the 
proceeding and the relationship of the parties.
  (g) "Person" means any of the following entities:
  (i) A natural person.
  (ii) Corporation.
  (iii) Municipal corporation.
  (iv) Public corporation.
  (v) Body politic.
  (vi) Government agency.
  (vii) Association.
  (viii) Partnership.
  (ix) Receiver.
  (x) Joint venture.
  (xi) Trustee.
  (xii) Common law or statutory trust guardian.
  (xiii) Executor.
  (xiv) Administrator.
  (xv) Fiduciary of any kind.
  (xvi) Staff.
  (h) "Pleading" means any of the following:
  (i) An application, petition, complaint, or   other   document   requesting 
initiation of a proceeding before the commission.
  (ii) An answer  to  a  document  described  in  paragraph   (i)   of   this 
subdivision.
  (iii) A  reply  to  an  answer  described  in  paragraph   (ii)   of   this 
subdivision.
  (iv) A petition to intervene or the staff's written appearance or notice of 
intention to participate.
  (v) An objection to a petition to intervene.
  (i) "Presiding officer" means the person assigned by  the   commission   to 
preside over and hear a proceeding or part of a proceeding  held  before  the 
commission. The commission or a commissioner is a  presiding   officer   only 
when it or he or she presides over and hears a proceeding  or   part   of   a 
proceeding.
  (j) "Prima facie case" means a case in which, assuming all  the  facts   in 
the complaint are true, the complainant is requesting  a   remedy   that   is 
within the jurisdiction of the commission to grant.
  (k) "Proof of publication" means  an  affidavit  stating   the   facts   of 
publication, including the date, publication, and   manner   of   publication 
with a copy of the publication attached.
  (l) "Proof of service" means an affidavit stating the  facts  of   service, 
including the date, place, and manner of service and the  parties  served.
  (m) "Protestant" means a motor carrier who files a written  protest  to  an 
application for motor carrier authority pursuant to the  provisions  of   Act 
No. 254 of the Public Acts of 1933, as amended, being S475.1   et   seq.   of 
the Michigan Compiled Laws.
  (n) "Respondent" means one against whom a complaint is  filed  or   against 
whom an investigation, order to show cause, or  other   proceeding   on   the 
commission's own motion is commenced and a utility rendering the same kind of 
service within a municipality or part  of  a  municipality  proposed  to   be 
served by  another  utility  in  a  proceeding  under  the  provisions  of  R 
460.17601.
  (o) "Secretary" means the person designated by  the   commission   as   its 
secretary or, in the absence of the secretary, the   person   designated   by 
the commission as its acting secretary.
  (p) "Staff" means an employee or employees of the  commission  other   than 
the presiding officer and commissioners.

  History:  1992 AACS.


R  460.17103   Applicability; construction.
  Rule  103.  (1)  These  rules  govern  practice  and   procedure   in   all 
proceedings before the commission, except as otherwise provided by statute or 
these rules. In areas not   addressed   by   these   rules,   the   presiding 
officer may rely on appropriate  provisions  of   the   currently   effective 
Michigan court rules.
  (2)  These  rules  shall  be  liberally  construed  to   secure   a   just, 
economical, and expeditious determination of the issues presented.

  History:  1992 AACS.


R  460.17105   Information, documents, and communications.
  Rule 105. (1) Pleadings and other documents  shall  be   in   writing   and 
shall conform to all requirements of  these  rules.   The   secretary,   upon 
reasonable request, shall provide advice about the form  of   pleadings   and 
other documents to be filed in a proceeding.
  (2) Pleadings and other documents filed with  the   commission   shall   be 
printed, typewritten, or reproduced and shall be on paper 8 1/2 inches  by 11 
inches in size, or folded to that size, or shall be on   forms   supplied  by 
the commission, except when  specific   permission   to   the   contrary   is 
granted by the commission, its secretary, or the presiding officer.

  History:  1992 AACS.


R  460.17107   Pleadings; verification and effect; adoption by  reference;
  signature of attorney.
  Rule 107. (1) Unless otherwise provided  by  these   rules,   statute,   or 
commission order, a pleading need not be verified  or   accompanied   by   an 
affidavit.
  (2) Statements in a pleading may be adopted by reference  when   they   are 
clearly identified and a copy is attached.
  (3) Every pleading of a party represented by an attorney shall be signed by 
an attorney of record. A party who is not represented  by  an  attorney shall 
sign the pleading.
  (4) If a pleading is not signed, it shall be subject to  rejection  by  the 
presiding officer or the commission unless it is signed  promptly  after  the 
omission is called to the attention of the pleader.
  (5) The signature of an attorney or party, whether or not  the   party   is 
represented by an attorney, constitutes a certification by  the   signer   of 
all of the following:
  (a) He or she has read the pleading.
  (b) To the best of his or her knowledge, information,  and  belief   formed 
after reasonable inquiry, the pleading is well-grounded  in   fact   and   is 
warranted by existing law or a good  faith  argument   for   the   extension, 
modification, or reversal of existing law.
  (c) The pleading is not interposed for any improper purpose,  such  as   to 
harass or cause unnecessary delay or needless increase in the  cost  of   the 
proceeding.

  History:  1992 AACS.


R  460.17109   Filing and service of documents.
  Rule  109.  (1)  Pleadings  and  other  documents  are   filed   with   the 
commission by filing with the  secretary.  Unless   otherwise   provided   by 
statute or order of the commission or presiding officer,   the   filing   and 
service of notices, pleadings, motions,  and  other   documents   or   copies 
required to be filed or served in a proceeding may be made  by  deposit  with 
the United States postal service for first-class mailing or  by  delivery  in 
person.
  (2) Unless otherwise provided by rule or statute, the date  of  filing   is 
the date the pleading or other document is received by  the  commission.  The 
date of service is the date it is deposited with the  United  States   postal 
service  for  first-class  mailing  or  is  delivered   in   person,   unless 
otherwise provided by the commission.
  (3) In all utility cases, unless  fewer  copies  are   permitted   by   the 
commission, the presiding officer, or the secretary, a party  shall  file  an 
original and 15 copies of each document that the party is required to file or 
that the party elects to file. In all  motor  carrier  cases,  a  party shall 
file an original and 7 copies of each document.
  (4) When directed to do so by the presiding officer or  the  Commission,  a 
party shall file notices,  pleadings,  motions,  and   other   documents   in 
electronic media, which shall be defined as a 5 1/4"  IBM   compatible   disk 
containing the information  in  American  Standard   Code   for   Information 
Interchange (ASCII) form, in addition to the copies required in subsection  3 
of this rule.
  (5) If the required number of copies are not filed, a  document  shall   be 
subject to rejection by the presiding officer or the  commission  unless  the 
party files the additional copies promptly after the omission  is  called  to 
the attention of the party.
  (6) A party shall serve, on all other parties, a copy  of   each   document 
that the party files with the commission. After notice of  hearing  has  been 
given in a proceeding, a party shall  serve,  on   the   assigned   presiding 
officer or,  if  a  presiding  officer  has  not  been   assigned,   on   the 
commission's division  of  administrative  law  judges,  a   copy   of   each 
document that the party files.
  (7) When a party has appeared by attorney, service upon  the  attorney   is 
service upon the party.
  (8) Service on municipalities shall be made on  supervisors  of   townships 
and on clerks of other municipalities.
  (9) Within 7 days after a document is served,  the   person   serving   the 
document shall file proof of service  or  acceptance  of   service   by   the 
person served or that person's attorney.

  History:  1992 AACS.


R  460.17111   Proceedings; location; time.
  Rule 111. Meetings of the commission and  hearings   in   all   proceedings 
held pursuant to any statute or these rules shall be held   in   Lansing   or 
such other place as the commission may direct on such  days   and   at   such 
hours as the commission, the  secretary,  or  the   presiding   officer   may 
direct.

  History:  1992 AACS.


R  460.17113   Cost of copies of decisions and transcripts.
  Rule 113. A copy of the decision  or  order  in  a   proceeding   will   be 
furnished free of charge to  each  party  to  the   proceeding.   Copies   of 
transcripts and additional copies of decisions shall be  furnished  at  rates 
consistent with current policy and statutes.

  History:  1992 AACS.


R  460.17115   Computation of time.
  Rule 115. In computing any period of time prescribed or  allowed  by  these 
rules, by order of the commission or the  presiding  officer,   or   by   any 
applicable statute, the day of the act, event, or default  after  which   the 
designated period of time begins to run is not included. The  last   day   of 
the period is included, unless it is  a  day  on   which   the   commission's 
offices are not open for business, in which case the period  will  run  until 
the end of the next day on which the commission's  offices   are   open   for 
business.

  History:  1992 AACS.


R  460.17117   Rescission.

  Rule 117. R 460.11 to R 460.99  of  the   Michigan   Administrative   Code, 
appearing on pages 4682 to 4695 of the 1979  Michigan  Administrative   Code, 
are rescinded.

  History:  1992 AACS.


                           PART 2. INTERVENTIONS


R  460.17201   Petitions.
  Rule 201. (1) A person who is not a  complainant,  respondent,  protestant, 
applicant, or staff, as defined in these rules, and who claims an interest in 
a proceeding may petition  for   leave   to   intervene.   Unless   otherwise 
provided in the notice of hearing, a petition for leave to intervene shall be 
filed with the commission not less than 7 days before the date set   for  the 
initial hearing or prehearing conference, and the  petition  shall  be served 
on all parties  to  the  proceeding.  All  parties  shall  have  an  adequate 
opportunity to file objections to, and to be heard   with   respect  to,  the 
petition for leave to intervene. A petition for leave to  intervene  that  is 
not filed in a timely manner may be granted upon a showing of good cause  and 
a showing that a grant  of  the  petition  will  not  delay   the  proceeding 
or unduly prejudice any party to  the  proceeding.  Except  for  good  cause, 
an intervenor whose petition is not filed in a timely   manner,  but  who  is 
nevertheless granted leave to intervene, shall be bound by   the  record  and 
procedural schedules developed before the granting of leave  to intervene.
  (2) A petition  for  leave  to  intervene  shall  set   out   clearly   and 
concisely the facts supporting the petitioner's alleged  right  or  interest, 
the grounds  of  the  proposed  intervention,  and  the   position   of   the 
petitioner in the proceeding to fully and completely   advise   the   parties 
and the commission of the specific issues of fact or law to  be   raised   or 
controverted. If affirmative relief is sought, the petition  for   leave   to 
intervene shall specify that relief. Prayers for relief may  be   stated   in 
the alternative.

  History:  1992 AACS.


R  460.17203   Objections; answers.
  Rule 203. Any party may file an objection to a  petition   for   leave   to 
intervene or an answer to a request for affirmative relief  contained  in   a 
petition for leave to intervene on or before the date set  for  the   initial 
hearing or prehearing conference. The objection or answer shall be  served on 
the person filing the petition and all  parties.  Any  party  may   file   an 
objection or answer to a petition that is not filed in a timely manner  on or 
before the date set by the presiding officer. The objection  shall   set  out 
clearly the supporting facts, law, and argument.

  History:  1992 AACS.


R  460.17205   Grant or denial.
  Rule 205. (1) At the initial hearing or prehearing conference or as soon as 
otherwise practicable and  appropriate,  the  presiding  officer  shall grant 
or deny, in whole or in part, a petition  for  leave  to  intervene   or,  if 
appropriate, may authorize limited participation.
  (2) When 2 or more parties have substantially   identical   interests   and 
positions, the presiding officer may, to avoid  repetitive,  cumulative,   or 
redundant evidence, require coordinated participation.

  History:  1992 AACS.


R  460.17207   Participation without intervention.
  Rule 207. (1) In a proceeding to fix rates or  investigate  conditions   of 
service of a utility or motor carrier subject to the  jurisdiction   of   the 
commission, a person may appear without a formal  petition   for   leave   to 
intervene. There shall be a full disclosure of the identity  of  the   person 
and the interest of the person in the proceeding. The position  to  be  taken 
shall be fully and fairly stated, the contentions of the  person   shall   be 
reasonably pertinent to the issues in the proceeding,  and   any   right   to 
unduly broaden the issues shall be disclaimed.
  (2) An appearance pursuant to this rule entitles the person   to   make   a 
statement at a time provided for that purpose by   the   presiding   officer, 
but the person shall not be regarded as  a  party  to   the   proceeding.   A 
statement shall not be given  under  oath  and  will  not   be   subject   to 
cross-examination by the parties.
  (3) A person participating in a  case  pursuant  to  this   rule   is   not 
entitled to notice of adjournment or any other notice,  except  as  otherwise 
provided by law, and is not entitled to be served with  pleadings  or   other 
documents.

  History:  1992 AACS.


R  460.17209   Motor carrier proceedings.
  Rule 209. A motor carrier or other person desiring to  participate   in   a 
motor carrier proceeding shall comply with the provisions of Act  No.  254 of 
the Public Acts of 1933, as  amended,   being   S475.1   et   seq.   of   the 
Michigan Compiled Laws, the commission's  motor  carrier   rules,   being   R 
460.18101 et seq., and these rules. When these  rules   conflict   with   the 
motor carrier act or the motor carrier rules, the motor   carrier   act   and 
the motor carrier rules shall prevail.

  History:  1992 AACS.


                             PART 3. HEARINGS

R  460.17301   General provisions.
  Rule 301. (1) A contested case proceeding shall be held  when  required  by 
statute and may be held when the commission so directs.
  (2) After a proceeding has been assigned to  a   presiding   officer,   the 
presiding officer may rule on all matters  of   evidence,   scheduling,   and 
motions. The presiding officer shall seek to secure a  timely  disposition of 
the proceeding, recognizing any applicable legislative directives.
  (3) An oral hearing before the commission shall  be  made   a   matter   of 
record.  The  record  of  the  hearing  in  a  contested   case   shall    be 
transcribed. In all other cases, the record of the  hearing   need   not   be 
transcribed unless a request for a transcript is made by  the  commission,  a 
party, or the presiding officer. A transcript shall be indexed  to  show  the 
location of the testimony of each witness and the  introduction  and  receipt 
into evidence or rejection of all  prepared  testimony   and   exhibits.   If 
offered by a party, prefiled testimony shall be bound into the record.
  (4) The presiding officer may make provision for any   party   to   request 
material and relevant corrections of the transcript   within   a   reasonable 
time after the filing of each volume of the transcript.  If   the   presiding 
officer  does  not  provide  otherwise,  any  party  may   file   with    the 
commission, within 7 days after each volume of  the   transcript   is   filed 
with the commission, a request for correction of the  transcript.  Within   7 
days after the filing of any request, other parties may  file  responses   in 
support of, or in opposition to, all or part of the proposed  corrections.
Thereafter, the presiding officer shall, either  upon  the   record   or   by 
order served on all parties, specify the corrections to  be   made   to   the 
transcript. Further, the commission or the presiding  officer   may   specify 
corrections to be made to the transcript by providing 7   days'   notice   to 
all parties and providing a time for responses.
  (5) The commission or the presiding officer, or  the  chief  administrative 
law judge in any proceeding in which a  presiding  officer   has   not   been 
assigned, may order proceedings consolidated for hearing  on   any   or   all 
matters at issue  in  the  proceedings  or  may  order   the   severance   of 
proceedings or issues in a proceeding if consolidation  or   severance   will 
promote the just, economical, and expeditious determination  of  the   issues 
presented.
  (6) Tape recorders  and  other  mechanical  or   electronic   devices   are 
permitted at an oral hearing if they are unobtrusive and do   not   cause   a 
witness to be intimidated or interfere with the  orderly   conduct   of   the 
proceeding.

  History:  1992 AACS.


R  460.17303   Simplified procedure.
  Rule 303. When agreed to by all parties, the commission  or  the  presiding 
officer may  direct  that  a  proceeding  be   processed   under   simplified 
procedure if it appears that substantially all issues of material fact can be 
resolved by means of written submissions and that  efficient  disposition  of 
the proceeding can be made without an oral hearing.

  History:  1992 AACS.


R  460.17305   Initial notice of hearing.
  Rule 305. (1) Except as otherwise provided by statute, not  less  than   14 
days before the date set for the initial hearing, written   notice   of   the 
hearing shall be provided to all parties and such  other   persons   as   the 
commission or its secretary may direct. For good cause,  the  commission   or 
its secretary may determine a shorter or longer  period   for   notice.   The 
notice shall contain all of the following information:
  (a) A statement of the date, hour, place, and nature of the hearing.
  (b) The jurisdiction under which the hearing is to   be   held,   including 
reference to the statutes, or sections of statutes, or rules involved.
  (c) A short and plain statement  of  the  matters   asserted   and   issues 
involved.
The commission or its secretary may  prescribe  the  form   and   manner   of 
notice to be given.
  (2) Publication  in  the  commission's   biweekly   information   bulletin, 
issued in accordance with the provisions of article 5, section  6,   of   Act 
No. 254 of the Public Acts of  1933,  as  amended,  being   S479.6   of   the 
Michigan Compiled Laws, shall constitute  notice  to   all   motor   carriers 
holding intrastate motor carrier authority  from  the   commission   of   the 
applications, transfers, orders, and other business of  the  commission  that 
appear in the bulletin.

  History:  1992 AACS.


R  460.17307   Participation by staff.
  Rule 307. The staff may enter an appearance in any  proceeding  before  the 
commission and present testimony as to  the  results   of   its   accounting, 
engineering,   and   economic    investigations,    studies,     inspections, 
enforcement activities, or other technical investigations  or  studies.   The 
staff  may  enter  an  appearance  in  any  proceeding   and   file   briefs, 
cross-examine   witnesses,   and   state   its    position,    policy,     or 
recommendations based upon the evidence.

  History:  1992 AACS.


R 460.17309   Appearances; attorneys.
  Rule 309. (1)  In any proceeding before the commission that is a  contested 
case as defined in section 3(3) of Act No. 306 of the Public Acts of 1969, as 
amended, being §24.203(3) of the Michigan Compiled Laws, all parties shall be 
represented by licensed  attorneys,  except  that  individuals  who  are  not 
licensed attorneys may represent themselves or other parties as permitted  by 
law.
  (2)  An attorney who is duly licensed to practice law in another  state  or 
in the courts of the United States may be permitted to  practice  before  the 
commission on the same basis as in the circuit courts of this state.
  (3)  The presiding officer may,  in  his  or  her  discretion,  permit  law 
students or recent law school graduates who are members of legal aid  clinics 
or participants in organized programs of the prosecutor's or city  attorney's 
office to represent a person to the same extent as permitted in  the  circuit 
courts of this state.
  (4)  An attorney who wishes to withdraw from  a  proceeding  shall  file  a 
motion to withdraw.

  History:  1992 AACS; 1997 AACS.


R  460.17311   Initial procedures.
  Rule 311. An initial hearing may be either an evidentiary  hearing   or   a 
prehearing conference, as directed by the  commission  in   the   notice   of 
hearing. For good cause, the presiding  officer  may   convert   an   initial 
hearing from an evidentiary hearing to a prehearing conference.

  History:  1992 AACS.


R  460.17313   Prehearing conferences.
  Rule 313. (1) A prehearing  conference  may  be  held  for   any   of   the 
following purposes:
  (a) Identifying and simplifying the  factual  and  legal   issues   to   be 
resolved.
  (b) Amending pleadings by agreement or by prehearing order.
  (c) Ruling on petitions to intervene and prehearing motions.
  (d) Determining the scope of the hearing.
  (e) Separating issues.
  (f) Providing for joint, coordinated, or  consolidated   presentations   by 
parties having substantially  identical  interests   to   avoid   repetitive, 
cumulative, or redundant evidence.
  (g)  Disclosing  the  number,  names,  and  order   of   presentation    of 
witnesses.
  (h) Producing and exchanging proposed exhibits and  prepared  testimony  of 
proposed witnesses, and considering the authenticity  of  proposed   exhibits 
and other documents.
  (i) Providing for expeditious completion of discovery.
  (j) Presenting and considering appropriate legal  authorities  in   support 
of, or in opposition to, the contentions of the parties.
  (k)  Estimating  the  time  required  for  hearing   and   establishing   a 
schedule.
  (l) Discussing the possibility of voluntary dismissal  or   settlement   of 
the proceeding.
  (m) Requiring production  and  distribution  of   proposed   exhibits   and 
written prepared testimony reasonably in advance of the  hearing  session  at 
which the proposed exhibits and written testimony will be offered.
  (n) Considering and  ruling  on  other  matters  that  may   aid   in   the 
expeditious disposition of the proceeding.
  (2) Notice of the time and place of any prehearing  conference   shall   be 
given  to  all  parties.  Any  person  failing  to   attend   or    otherwise 
participate  in  a  prehearing  conference  after    having    been    served 
appropriate notice of the time and place shall, with  respect  to  procedural 
matters, be bound, except for good cause, by any   agreements   reached   and 
any orders or rulings made. If a  transcript  of  the   conference   is   not 
prepared, the presiding officer shall ensure that a written  summary  of  the 
conference is prepared and served on all parties.
  (3) Additional conferences may  be  held,  as   appropriate,   during   the 
course of any proceeding.
  (4) At any conference held pursuant to this rule,  the  presiding   officer 
may dispose of, by ruling, any procedural matter upon  which  the   presiding 
officer is authorized to rule during the course of the  proceeding   if   the 
parties have had appropriate notice. All rulings made   at   any   conference 
held pursuant to this  rule  shall  be  binding  on  all   parties   to   the 
proceeding unless the rulings are, for good cause,  subsequently  modified or 
reversed by the presiding officer or the commission.
  (5) After proper notice, the presiding officer may, on his   or   her   own 
initiative or upon the request  of  a  party,  direct   that   a   conference 
telephone or other electronic device be used for a   prehearing   or   status 
conference. If a  transcript  of  the  conference  is   not   prepared,   the 
presiding officer shall ensure that a written summary of  the  conference  is 
prepared and served on all parties.

  History:  1992 AACS.


R  460.17315   Adjournments.
  Rule 315. (1) Unless the presiding officer allows  otherwise,   a   request 
for adjournment shall be by motion or stipulation made orally at a hearing or 
in writing and shall be based on good cause.
  (2) A motion or stipulation for adjournment shall state the  party  who  is 
requesting the adjournment and the reason for the adjournment.
  (3) An adjournment may be granted for good cause and shall be in writing or 
on the record.
  (4)  In  granting  an  adjournment,   the    presiding    officer,    chief 
administrative law judge, or commission may impose reasonable  conditions.

  History:  1992 AACS.


R 460.17317   Discovery.
  Rule 317. Discovery shall, as far as practicable, be conducted in the  same 
manner as in the circuit courts of this state pursuant to the Michigan  court 
rules or as otherwise provided  by  law.   When  appropriate,  the  presiding 
officer shall set time limitations for the conduct of discovery.  Every party 
shall respond promptly and fully to  requests  for  discovery.   The  parties 
shall not use discovery to harass or cause needless delay.

  History:  1992 AACS; 1997 AACS.


R 460.17319   Subpoenas; orders to attend.
  Rule 319. (1)  At any time in a proceeding, a commissioner or the presiding 
officer may issue a subpoena or order for a party or witness  to  attend  and 
testify orally on a date and time certain and from time to time  and  day  to 
day until excused by the presiding officer and to  produce  specified  notes, 
records, documents, photographs, or other tangible things.
  (2)  A subpoena signed by an attorney of  record  or  the  secretary  or  a 
commissioner shall have the force and effect of  a  subpoena  signed  by  the 
commission.
  (3)  Except as otherwise  provided  in  this  rule  and  R  460.17321,  the 
provisions of the court  rules  or  statutes  governing  subpoenas  in  civil 
actions in circuit court shall apply.

  History:  1992 AACS; 1997 AACS.


R  460.17321   Subpoenas; service; failure to comply with subpoenas.
  Rule 321. A subpoena shall be served in the manner prescribed by statute or 
court rule for subpoenas in civil actions  in  circuit  court.  It   may   be 
served at any place within the state. If a person fails to  comply   with   a 
subpoena, or fails to attend or  refuses  to  be  sworn   or   testify,   the 
presiding officer may stay  further  proceedings  until   the   subpoena   is 
obeyed. If the person who fails to obey the subpoena is  a   party   to   the 
proceeding or an officer, member, or employee of a   party,   the   presiding 
officer may do any of the following:
  (a) Strike all or part of any pleading of that party.
  (b) Refuse to allow that party to support or   oppose   designated   claims 
and defenses.
  (c) Delay the proceeding or part of the proceeding.
  (d) Take such further action as is appropriate under the  circumstances.

  History:  1992 AACS.


R  460.17323   Summary disposition.
  Rule 323. A party may make a motion for summary disposition   of   all   or 
part of a proceeding. If the presiding officer determines that  there  is  no 
genuine issue of material fact or that there has been a failure  to  state  a 
claim  for  which  relief  can  be  granted,  the   presiding   officer   may 
recommend, to the commission, summary disposition of all or   part   of   the 
proceeding. If the entire proceeding is disposed of,  the  presiding  officer 
shall issue a proposal for decision. If  only  part  of   a   proceeding   is 
disposed of, the presiding  officer  may  issue  a   partial   proposal   for 
decision.

  History:  1992 AACS.


R  460.17325   Evidence generally.
  Rule 325. (1) The rules of evidence as applied in nonjury  civil  cases  in 
circuit court shall be followed as far as practicable,  but  the   commission 
may admit and give probative effect to evidence of a  type  commonly   relied 
upon by reasonably prudent  persons  in  the  conduct  of  their  affairs.
Objections to offers of evidence may be made and shall  be   noted   in   the 
record.
  (2) Evidence, including records and documents in the  possession   of   the 
commission, that a party desires or intends to rely on   shall   be   offered 
and made a part  of  the  record  in  the  proceeding   and   other   factual 
information or evidence shall not be considered in   the   determination   of 
the case, except as otherwise permitted by law. Documentary  evidence  may be 
received in the form of copies or  excerpts.  Upon  timely  request,  a party 
shall be given an opportunity to compare the copy with the original.
If the original is  so  voluminous  as  to  make  its   entry   in   evidence 
impracticable, the evidence  may  be  incorporated  by   reference   if   the 
materials to be incorporated are made available  for   examination   by   the 
parties at a time and place designated by stipulation of the  parties  or  as 
directed by the presiding officer. The  evidence  shall   not   be   admitted 
where a party has failed, upon timely request, to   provide   other   parties 
with reasonable access to the original document referred to or  excerpted.
  (3) A party shall have the right of cross-examination and  shall  have  the 
right to submit rebuttal evidence. Surrebuttal evidence may  be  permitted at 
the discretion of the presiding officer or the commission.

  History:  1992 AACS.


R  460.17327   Evidence; official notice.
  Rule 327. Except as otherwise provided by law, the   commission   and   the 
presiding officer may take official notice of  judicially  cognizable   facts 
and may take notice of general, technical, or scientific  facts  within   the 
commission's  specialized  knowledge.  The  commission   or   the   presiding 
officer shall notify the parties at the earliest practicable  time   of   any 
noticed fact that pertains to a materially disputed issue   that   is   being 
adjudicated and,  on  timely  request,  the  parties  shall   be   given   an 
opportunity  before  the  final  decision  to  dispute  the   fact   or   its 
materiality. The commission may use its  experience,  technical   competence, 
and specialized knowledge in the evaluation of evidence presented  to  it.

  History:  1992 AACS.


R  460.17329   Evidence; documents and exhibits.
  Rule 329. (1) When the evidence consists of technical matters or figures so 
numerous as to make oral presentation  difficult  to  follow,  it  shall   be 
presented in exhibit form, supplemented and explained, but not  duplicated by 
testimony.
  (2) Documentary exhibits shall be on 1 side only, on paper not exceeding  8 
1/2 inches by 11 inches, and  have   a   sufficient   margin   for   binding, 
preferably a margin of 1 1/2 inches on the left  side  of   each   sheet.   A 
larger exhibit shall be folded to not more than 8 1/2 inches by 11 inches, if 
practicable. An exhibit of 2 or more sheets shall be  stapled  together and a 
notation made at the top of the first sheet  as  to  the  number   of  sheets 
contained in the  exhibit.  Each  page  of  the  exhibit  shall  be numbered. 
An exhibit shall show, at the top right-hand corner, the   docket  number  of 
the proceeding and provide space for the name of the witness and  the  number 
and date of the exhibit. Except as otherwise  directed  by  the commission or 
the presiding officer,  all  exhibits  offered  in  a   proceeding  shall  be 
numbered sequentially regardless of the  identity  of   the   party  offering 
them. The number of the exhibit shall be preceded with  a  letter  indicating 
the identity of the party offering it;  for  example,   "A"   for  applicant, 
"I" for intervenor, "P" for protestant, and "S" for the  staff.
  (3) A party introducing an exhibit shall furnish copies  to   all   parties 
and such additional copies as the presiding officer may direct.
  (4) Nothing in this rule shall prohibit the use by a  witness  of   charts, 
graphs, pictures, or other means of visual demonstration   that   are   large 
enough to be viewed by the  presiding  officer  and  all   persons   in   the 
hearing room; however, when charts, graphs, pictures, or   other   means   of 
visual demonstration are used, copies conforming to   the   requirements   of 
subrule (2) of this  rule  shall  be  provided  to  all   parties   and   the 
presiding officer, together with such additional copies  as   the   presiding 
officer may direct, unless the provision of copies would, in the  judgment of 
the presiding officer, be impracticable.
  (5) Documentary evidence may be submitted after the close of the  record by 
stipulation of the parties and   with   the   approval   of   the   presiding 
officer.
  (6) Written or printed documents, maps,  charts,   graphs,   pictures,   or 
other means of visual demonstration that are received   in   evidence   shall 
not be returned to the parties, except upon approval of the commission.

  History:  1992 AACS.


R  460.17331   Evidence; testimony in written form.
  Rule 331. (1) Direct testimony of a witness under oath shall be  offered in 
written form, except in motor carrier cases or as otherwise provided  by  the 
commission or the  presiding   officer.   In   motor   carrier   cases,   the 
presiding officer may require that direct testimony be  offered  in   written 
form. Unless otherwise ordered by the  presiding   officer,   the   testimony 
shall be filed with the commission and a copy served on each  party  and  the 
presiding officer not less than 7 days in advance of the   session   of   the 
proceeding at which it is to  be  offered.  However,  if   all   parties   in 
attendance on the day on which the testimony is offered agree,  any  part  of 
the 7 days may be waived. In  the  absence  of   agreement,   the   presiding 
officer may permit the offering  of  the  testimony   after   providing   all 
parties who are present not less than 24 hours to examine  it,  unless,   for 
good cause, the presiding officer finds a shorter time to  be  reasonable.
  (2) The presiding officer may authorize  any  witness   to   present   oral 
direct testimony.
  (3) In any proceeding, a witness whose testimony is  submitted  in  written 
form shall be made personally available for cross-examination  at  the   time 
directed by the presiding officer, unless all  parties   in   attendance   on 
that day waive cross-examination of the  witness.  If   the   witness   whose 
testimony is submitted in written or exhibit form is   not   made   available 
for cross-examination, the testimony shall not be   received   in   evidence, 
except by stipulation  of  all  parties  in  attendance  on   the   day   the 
testimony is submitted and with the approval of the presiding  officer  or as 
otherwise provided by law.
  (4) All testimony in written form shall include page   and   line   numbers 
and shall be in question and answer form.

  History:  1992 AACS.


R  460.17333   Settlements.
  Rule 333. (1) All parties  to  proceedings  before   the   commission   are 
encouraged to enter into settlements when possible and  the   provisions   of 
these rules shall not be construed in any way to prohibit settlements.
  (2) The parties to a proceeding may agree upon some or all of the facts.
The agreement shall be evidenced by a written stipulation  filed   with   the 
commission or entered upon the record. The stipulation  shall   be   regarded 
and used as evidence in the proceeding.
  (3) When a written settlement agreement  is  proposed  by   some   of   the 
parties, it shall be served on all parties to the  proceeding.   Each   party 
shall file and serve on all parties, within 14 days   after   being   served, 
its agreement, objection, or nonobjection  to  the  settlement  agreement.
Failure to respond in writing within 14 days, unless a  different   time   is 
set by the presiding officer for good cause, shall constitute nonobjection to 
the settlement agreement. A party who objects to a settlement agreement shall 
state those objections with particularity and shall specify  how  it would be 
adversely affected by the settlement agreement.
  (4) In every proceeding, the parties to the  settlement  agreement   shall, 
upon request, submit a proposed order to the presiding officer.
  (5) The commission may approve a settlement  agreement  if   all   of   the 
following conditions are met:
  (a) Any party that has  not  agreed  to  the  settlement   has   signed   a 
statement of nonobjection or has failed  to  object  within   the   14   days 
provided in subrule (3) of this rule, or such other   time   established   by 
the presiding officer, or the objecting party or parties  under  subrule  (3) 
have been given a reasonable opportunity to present evidence and arguments in 
opposition to the settlement agreement.
  (b)  The  commission  finds  that  the  public   interest   is   adequately 
represented by the parties who entered into the settlement agreement.
  (c) The commission finds that the settlement agreement is  in  the   public 
interest, represents a fair and reasonable resolution  of   the   proceeding, 
and, if the settlement is contested, is supported by substantial  evidence on 
the record as a whole.
  (6) The nature and extent of the precedential value   accorded   an   order 
approving a settlement agreement shall be as specified by  the   parties   in 
the settlement agreement.

  History:  1992 AACS.


R  460.17335   Motion practice.
  Rule 335. (1) In a pending proceeding, a request to   the   commission   or 
presiding officer for a ruling or order, other than a final  order,  shall be 
by motion.  Unless  made  during  a   hearing,   a   motion   shall   be   in 
compliance with all of the following provisions:
  (a) Be in writing.
  (b) State with particularity the grounds  and  authority   on   which   the 
motion is based.
  (c) State the relief or order sought.
  (d) Be signed by the party or the party's attorney.
  (2) Unless a different time  is  set  by  the   commission   or   presiding 
officer or unless the motion is one that may be heard ex  parte,  a   written 
motion, notice of the hearing on the motion, and any  supporting   brief   or 
affidavits shall be served as follows:
  (a) Not less than 9 days before the hearing, if served by mail.
  (b) Not less than 7 days before the hearing, if served   by   delivery   to 
the attorney or party under Michigan court rule 2.107(c)(1) or (2).
  (3) Unless a different time  is  set  by  the   commission   or   presiding 
officer, any response to a motion, including  a  brief   or   an   affidavit, 
shall be served as follows:
  (a) Not less than 5 days before the hearing, if served by mail.
  (b) Not less than 3 days before the hearing, if served   by   delivery   to 
the attorney or party under Michigan court rule 2.107(c)(1) or (2).
  (4) Motions shall be noticed for hearing at the time  designated   by   the 
commission or presiding officer.
  (5) When a motion is based on facts not appearing  on   the   record,   the 
commission  or  presiding  officer  may  hear  the   motion   on   affidavits 
presented by the parties or may direct that the motion be  heard  wholly   or 
partly on oral testimony or deposition.
  (6) The commission or presiding officer  may  limit   oral   arguments   on 
motions and may require the parties to file briefs in support  of,   and   in 
opposition to, a motion. The commission may dispense with  oral  argument  on 
matters brought before the commission.

  History:  1992 AACS.


R  460.17337   Appeals to commission from rulings of  presiding  officers.
  Rule 337. (1) During the course of a proceeding, a party   may   appeal   a 
ruling of the presiding officer by filing  an  application   for   leave   to 
appeal the ruling to the commission.  Unless  otherwise   provided   by   the 
presiding officer, the application shall be filed within 14  days  after   an 
oral ruling or service of a written ruling and any response  shall  be  filed 
within 14 days after service of the application.
  (2) The commission will grant an application and   review   the   presiding 
officer's ruling if any of the following provisions apply:
  (a) A decision on the ruling before submission of the full  case   to   the 
commission for final decision will materially advance a timely  resolution of 
the proceeding.
  (b) A decision on the ruling before submission of the full  case   to   the 
commission for  final  decision  will  prevent  substantial   harm   to   the 
appellant or the public-at-large.
  (c) A decision on the ruling before submission of the full  case   to   the 
commission for final decision is consistent with other  criteria   that   the 
commission may establish by order.
  (3) An offer of proof shall be made in connection with an   appeal   of   a 
ruling excluding evidence. The offer of proof shall be made  on  the  hearing 
record. If the ruling excluded oral testimony, the offer   of   proof   shall 
consist of a statement of the substance of the evidence  that  the  appellant 
contends would be established by the testimony.  If   the   ruling   excluded 
written evidence or evidence that refers  to  documents   or   records,   the 
offer of proof shall consist of a copy  of  the   evidence,   documents,   or 
records.
  (4) The application shall be supported by a clear and  concise  brief,   in 
accordance with the provisions of R 460.17339, stating the  basis   for   the 
appeal and showing that it complies with the provisions of  this  rule.   The 
brief shall be supported by specific factual allegations  as  appropriate.
  (5) The commission's failure to grant the application  does   not   bar   a 
party from asking the  commission  to  consider   the   presiding   officer's 
ruling on final disposition of the proceeding. A party's failure  to  file an 
application for leave to appeal does not constitute  a  waiver  of  the right 
to challenge any ruling of the presiding officer either in  a   brief  or  in 
exceptions to a proposal for decision.

  History:  1992 AACS.


R  460.17339   Oral argument and briefs.
  Rule 339. (1) Oral argument may be made before  the   commission   or   the 
presiding officer at the discretion of the  commission   or   the   presiding 
officer, respectively. Oral argument before the presiding  officer  shall  be 
requested before the  close  of  the  record.  Oral   argument   before   the 
commission shall be requested not  later  than  the  date   for   filing   of 
exceptions.
  (2) Initial briefs and reply briefs may be filed at   the   discretion   of 
the parties unless the commission or presiding officer requires the filing of 
briefs and reply briefs  by   all   parties.   Unless   otherwise   provided, 
initial briefs shall be filed within 21 days after the date of the  filing of 
the last volume of transcript, and reply briefs shall be   filed   within  14 
days after the date for filing initial briefs.
  (3) Briefs containing factual allegations claimed to  be   established   by 
the evidence shall include a reference to the  specific   portions   of   the 
record  where  the  evidence  may  be  found.   Materials   incorporated   by 
reference shall be attached. Any  factual  or  legal  issue   that   is   not 
addressed in a party's initial brief shall not be addressed by that  party in 
a reply brief, except in response to another party's brief.
  (4) Proposed findings of fact, if any, shall be filed not  later  than  the 
date for filing initial briefs. Each proposed finding  of   fact   shall   be 
numbered, stated clearly, and limited to a single proposed fact.

  History:  1992 AACS.


R  460.17341   Exceptions to proposals for decision.
  Rule 341. (1) Unless otherwise provided, exceptions to   a   proposal   for 
decision shall be filed within 21 days after service of  the   proposal   for 
decision, and replies to exceptions,  if  provided  for,   shall   be   filed 
within 14 days after the date for filing exceptions.
  (2) If a party does not file  exceptions  to  a   proposal   for   decision 
within the time permitted by this rule, any objection to  the  proposal   for 
decision is waived. If a party does not object to a part of  a  proposal  for 
decision, any objection by the party to that  part  of   the   proposal   for 
decision is waived.
  (3) Exceptions and replies to exceptions shall be  supported  by   reasoned 
discussion of  the  evidence  and  the  law.  Exceptions   and   replies   to 
exceptions containing factual allegations claimed to be  established  by  the 
evidence shall include a reference to the specific portions  of  the   record 
where the evidence may be found. Materials incorporated by reference shall be 
attached.
  (4) Exceptions shall clearly and concisely recite the specific  findings of 
fact and conclusions of law to which exception is taken or the  omission  of, 
or imprecision in, specific findings of fact and conclusions of law to  which 
the party excepts.

  History:  1992 AACS.


                     PART 4. REOPENINGS AND REHEARINGS

R  460.17401   Reopening of proceedings.
  Rule 401. (1) A proceeding may be reopened for the  purpose  of   receiving 
further evidence when a reopening is necessary for the   development   of   a 
full and complete record or there has been a change in conditions of  fact or 
law such that  the  public   interest   requires   the   reopening   of   the 
proceeding.
  (2) After providing due notice and an opportunity for the  parties  to   be 
heard, the presiding officer, upon his or her own motion or  upon  motion  of 
any party, may reopen the proceeding at any time before the  date   for   the 
filing of exceptions to a proposal  for  decision  or,   if   provided   for, 
replies to exceptions. After the date for filing exceptions  or  replies   to 
exceptions and until the expiration  of  the  statutory   time   period   for 
filing a petition for rehearing, the commission may   reopen   a   proceeding 
upon its own motion or motion of any party.
  (3) Within 21 days after service of a motion to reopen  a  proceeding,  any 
party may file an answer. Any party failing to do so shall  be  considered to 
have waived objection to  the  granting   of   the   motion.   As   soon   as 
practicable after the time for filing answers to a motion  to   reopen,   the 
presiding officer or the commission shall, in writing, grant  or   deny   the 
motion. The presiding officer or the commission may   provide   for   hearing 
and oral argument on a motion to reopen.

  History:  1992 AACS.


R  460.17403   Rehearings.
  Rule 403. (1) A petition for rehearing after a decision or  order  of   the 
commission shall be filed with the commission within 30 days after service of 
the decision or order of  the  commission  unless  otherwise   specified   by 
statute. A petition for rehearing based on a claim of  error  shall   specify 
all findings of fact and conclusions of law claimed to be  erroneous  with  a 
brief statement of the basis of the error. A petition for rehearing  based on 
a claim of newly discovered  evidence,  on  facts  or  circumstances  arising 
subsequent to the close of  the  record,  or   on   unintended   consequences 
resulting from compliance with the decision or   order   shall   specifically 
set forth the matters relied upon. The petition shall   be   accompanied   by 
proof of service on all other parties to the proceeding.
  (2) Within 21 days after service of a petition for  rehearing,  any   party 
may file an answer. Any party failing to do so shall be  considered  to  have 
waived objection to the granting of the petition.

  History:  1992 AACS.


R  460.17405   Proceedings within 90 days after dismissal.
  Rule 405. When an application, petition, or complaint has been dismissed by 
the commission because the  party  instituting  the  proceeding   failed   to 
appear and proceed at the hearing, the commission will  refuse,  except   for 
good cause, to accept for filing an application,   petition,   or   complaint 
relating to the same or substantially the same  subject   matter   from   the 
same party for a period of 90 days after the date of   a   commission   order 
dismissing the case.

  History:  1992 AACS.


                            PART 5. COMPLAINTS

R 460.17501   Complaints; limited matters; initiating
  complaint.
  Rule 501. A complaint shall be limited to matters involving alleged unjust, 
inaccurate, or improper rates or charges or unlawful  or  unreasonable  acts, 
practices, or omissions of a utility or motor carrier, including a  violation 
of any commission rule, regulation, or order, including  a  tariff  filed  or 
published by a utility  or  motor  carrier,  or  a  violation  of  a  statute 
administered or enforced by the commission.  A complaint may be either formal 
or informal and may be made by a person having an  interest  in  the  subject 
matter of the complaint or may be made by the commission on its own motion or 
by the staff, subject to applicable statutory standards.

  History:  1992 AACS; 1997 AACS.


R  460.17503   Informal complaints.
  Rule 503.  The  commission  will  attempt  to  resolve   as   an   informal 
complaint any matter brought to its attention by any  person  not  requesting 
initiation of a contested case proceeding.

  History:  1992 AACS.


R  460.17505   Formal complaints; content.
  Rule 505. (1) A formal complaint shall be in writing and  shall  set  forth 
all of the following:
  (a) The name and  address  of  the  complainant   and   the   complainant's 
attorney, if any.
  (b) The name and address of the respondent.
  (c) The interest of the complainant in the subject matter.
  (d) A concise statement of the facts on which the  complainant  relies   in 
requesting relief, with the specific allegations  necessary   to   reasonably 
inform the respondent of the nature of the claims the  respondent  is  called 
upon to defend, with specific reference where practicable to  the  section or 
sections of all statutes, rules, regulations, orders, and tariffs  upon which 
the complainant relies in filing a complaint.
  (e) A demand for a contested case proceeding.
  (f) A clear and concise statement of the relief sought  and  the  authority 
upon which the complainant relies for the relief.
  (g) The signature of the person or persons filing the complaint.
  (2) Two or more complainants may join in 1 complaint  if  their  complaints 
are against the same respondent, involve substantially  the   same   purposes 
and subjects, and are predicated upon substantially   similar   facts.   This 
rule shall not be construed to  authorize  class   actions   in   proceedings 
before the commission.

  History:  1992 AACS.


R  460.17507   Formal complaints; examination; rejection.
  Rule 507. If the commission finds that a  complaint  does   not   state   a 
prima facie case or does not conform to these rules, it  shall   notify   the 
complainant or the complainant's attorney that the  complaint  is   rejected, 
give the reasons for the rejection, and return the  complaint.   Nothing   in 
this rule shall prohibit a complainant whose complaint  has   been   rejected 
from amending and refiling the complaint. Upon  the  filing   of   a   formal 
complaint that conforms to the provisions of  R  460.17505   and   states   a 
prima facie case, the commission, acting through its staff, will  commence an 
investigation of the matters raised in the complaint.

  History:  1992 AACS.


R  460.17509   Formal complaints; service; offers of relief; answers.
  Rule 509. (1) If the  complaint  does  state  a  prima   facie   case   and 
conforms to the provisions of these rules, the commission  shall  serve  upon 
the respondent,  a  notice,  accompanied  by  a  copy   of   the   complaint, 
requiring that the matter complained of be satisfied or that the complaint be 
answered within 21 days after the date  of   service   of   the   notice   or 
within such time as the commission may, for good cause, provide.
  (2) Every answer to a formal complaint shall specifically  admit  or   deny 
each material allegation contained in the complaint  and   shall   also   set 
forth  any  facts  relied  upon  by  the  respondent   as   constituting   an 
affirmative defense. If the  respondent  lacks   knowledge   or   information 
sufficient to form a belief as to the truth of an  allegation  contained   in 
the complaint, the respondent shall so state, which  shall   operate   as   a 
denial.

  History:  1992 AACS.


R  460.17511   Formal  complaints;  motions  to  make  more  definite  and
  certain.
  Rule 511. If the respondent believes that a complaint  is   so   vague   or 
ambiguous that the respondent cannot reasonably be required  to  respond   to 
it, the respondent may file and serve,  upon  the   complainant,   a   motion 
requesting  that  the  allegations  or  other  matters   contained   in   the 
complaint be made more definite and certain. The motion  shall  specify   the 
defect complained of and  the  details  requested.   The   respondent   shall 
answer those portions of the complaint that are not subject to the motion.
If the motion is granted, the complainant shall  have   an   opportunity   to 
file an amended complaint within the time specified in  the  order   granting 
the motion.

  History:  1992 AACS.


R  460.17513   Formal complaints; motions to dismiss and defenses.
  Rule 513. A defense that the complainant is without standing  to  make  the 
complaint, that the commission lacks jurisdiction over the subject  matter of 
the complaint, or that the complaint fails to state a prima  facie   case  or 
otherwise fails to conform to these rules  may  be  raised   by   motion   to 
dismiss or answer, at the option of the respondent. All other defenses  to  a 
complaint shall be raised by the answer.

  History:  1992 AACS.


R  460.17515   Formal complaint; burden of proof.
  Rule 515. The complainant generally shall have the burden of  proof  as  to 
matters constituting the basis for the complaint and  the  respondent   shall 
have the burden of proof as to matters constituting affirmative  defenses.
The burden of proof, however, may be differently placed, or  may  shift,   as 
provided by law or as may be appropriate under the circumstances.

  History:  1992 AACS.


                       PART 6. SPECIFIC PROCEEDINGS

R 460.17601   Public utilities; new construction.
  Rule 601. (1) An entity listed in this subrule shall  file  an  application 
with the commission for the necessary authority to do the following:
  (a) A gas or electric utility within the meaning of the provisions  of  Act 
No. 69 of the Public Acts of 1929, as amended, being §460.501 et seq. of  the 
Michigan Compiled Laws, that wants to construct a plant, equipment, property, 
or facility for furnishing public utility service for which a certificate  of 
public convenience and necessity is required by statute.
  (b) A natural gas pipeline company within the meaning of the provisions  of 
Act No. 9 of the Public Acts of 1929, as amended, being §483.101 et  seq.  of 
the Michigan Compiled Laws, that  wants  to  construct  a  plant,  equipment, 
property, or facility for furnishing  public  utility  service  for  which  a 
certificate of public convenience and necessity is required by statute.
  (c)  A  corporation,  association,  or  person  conducting   oil   pipeline 
operations within the meaning of the provisions of Act No. 16 of  the  Public 
Acts of 1929, being §483.1 et seq. of the Michigan Compiled Laws, that  wants 
to construct facilities to transport crude oil or petroleum or any crude  oil 
or petroleum products as a common carrier for which approval is  required  by 
statute.
  (2) The application required in subrule (1) of this rule shall  set  forth, 
or by attached exhibits show, all of the following information:
  (a) The name and address of the applicant.
  (b) The city, village, or township affected.
  (c) The nature of the utility service to be furnished.
  (d) The municipality from which the appropriate franchise  or  consent  has 
been obtained, if required, together with a true copy  of  the  franchise  or 
consent.
  (e) A full description of  the  proposed  new  construction  or  extension, 
including the manner in which it will be constructed.
  (f) The names of all utilities rendering the  same  type  of  service  with 
which the proposed new construction or extension is likely to compete.
  (3) A utility that is classified as a respondent pursuant to the provisions 
of R 460.17101 may participate as  a  party  to  the  application  proceeding 
without filing a petition to intervene.  It  may  file  an  answer  or  other 
response to the application.

  History:  1992 AACS; 1997 AACS.


R  460.17603   Rescinded.

  History:  1992 AACS; 1997 AACS.


R  460.17605   Rescinded.

  History:  1992 AACS; 1997 AACS.


R  460.17607   Rescinded.

  History:  1992 AACS; 1997 AACS.


                        PART 7. DECLARATORY RULINGS

R  460.17701   Declaratory rulings.
  Rule 701. (1) Any person may request a  declaratory  ruling   as   to   the 
applicability to an actual state of facts of a statute  administered  by  the 
commission or of a rule or  order  of  the  commission,   pursuant   to   the 
provisions of sections 33 and 63 of Act No. 306  of  the   Public   Acts   of 
1969, as amended, being SS24.233 and 24.263 of the Michigan Compiled Laws.
A request for a declaratory ruling shall contain, or  by  attached   exhibits 
show, all of the following:
  (a) A  complete,  accurate,  and  concise  statement  of   the   facts   or 
situation upon which the request is based.
  (b) A concise statement of the issues presented.
  (c) Specific reference to all statutes, rules, and orders  to   which   the 
request relates.
  (d) An analysis by the person's legal counsel of   the   issues   presented 
and a  proposed  conclusion,  or  the  person's  analysis   of   the   issues 
presented and a proposed conclusion.
  (2)  The  commission  may  require  that  notice  of   the   request    for 
declaratory ruling be provided and may require a  contested  case  proceeding 
instead of issuing a declaratory ruling.
  (3) The decision to issue a declaratory ruling is within the  discretion of 
the commission.

  History:  1992 AACS.