Jurisdictional Statement

Amicus curiae does not contest jurisdiction.

Statement of Questions

I. Does the Michigan Public Service Commission have authority to tax all customers of Consumers Energy to generate subsidies for renewable-energy production, given that the Legislature opted to create only an information campaign to educate the public about renewable energy?

  • Amicus curiae’s answer: No.

  • The Michigan Public Service Commission’s answer: Yes.

  • The Attorney General’s answer: No.

  • The Court of Appeals’ answer: No.

II. If the Legislature intended to authorize the Michigan Public Service Commission to tax all customers of Consumers Energy to generate subsidies for the production of renewable energy, would the Legislature’s delegation of such a power be constitutional?

  • Amicus curiae’s answer: No.

  • The Michigan Public Service Commission’s answer: Unknown.

  • The Attorney General’s answer: Unknown.

  • The Court of Appeals’ answer: Unknown.