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DETROIT EDISON v. PSC

Docket Nos. 61294, 61295. (Calendar No. 4).

416 Mich. 510 (1982)

331 N.W.2d 159

THE DETROIT EDISON COMPANY v. PUBLIC SERVICE COMMISSION ATTORNEY GENERAL v. PUBLIC SERVICE COMMISSION

Supreme Court of Michigan.

Decided December 23, 1982.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Coey, P.C. (by Theodore W. Swift and David W. McKeague), and Leon S. Cohan for The Detroit Edison Company.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Arthur E. D'Hondt and James E. Riley, Assistants Attorney General, for the Public Service Commission.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Hugh B. Anderson and Roderick S. Coy, Assistants Attorney General, for the Attorney General.

Conner, Harbour & Dew (by P.D. Connor) and James D. Irvine for intervening defendant Ford Motor Company.

Decided December 23, 1982. Rehearing denied 417 Mich. 1133.

FITZGERALD, C.J. (for affirmance).

In our order granting leave to appeal, we stated as the first issue whether "the charge allowed by the fuel cost adjustment clause [is] a charge to recover past costs, or a charge based on past experience reflected in a current charge".1 The answer to this question is decisive in resolving all of the issues presented in this case...

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