April 5, 2016 Ms. Mary Jo. Kunkle Michigan Public Service Commission 7109 W. Saginaw Hwy. P. O. Box 30221 Lansing, MI 48909 RE: MPSC Case No. U-17990 Dear Ms. Kunkle: Attached for paperless electronic filing, please find the Petition to Intervene of the ; the Affidavit of Margrethe Kearney; the Appearance of Margrethe Kearney; and a Proof of Service. Sincerely, Margrethe Kearney mkearney@elpc.org cc: Service List, Case No. U-17990
STATE OF MICHIGAN MICHIGAN PUBLIC SERVICE COMMISSION In the matter of the Application CONSUMERS ENERGY COMPANY for Authority to increase its rates for the generation and distribution of electricity and for other relief. Case No. U-17990 PETITION TO INTERVENE OF THE ENVIRONMENTAL LAW & POLICY CENTER The Environmental Law and Policy Center ( ELPC is a not-for-profit public interest environmental organization that works to achieve cleaner air, advance clean renewable energy and energy efficiency resources, improve environmental quality, protect clean water and preserve natural resources in Michigan and the Midwest. ELPC respectfully requests leave to intervene in the above captioned case pursuant to the Michigan Public Service Commission s ( MPSC or Commission Rules of Practice and Procedure. Mich. Admin. Code R. 792.10410. In support, ELPC states: 1. This case involves Consumers Energy Company s ( Consumers request for a $225 million rate increase for the projected test year, with additional increases in following years. This proposed increase represents a substantially higher cost of service for ratepayers located in Consumers service territory, including ELPC members taking service from Consumers. Among other things, Consumers seeks rate recovery for Demand Response plans and for a Plug-in Electric Vehicle program. 2. ELPC and its members have an interest in electric utility rate structures that encourage customers to conserve energy and to invest in clean, renewable generation. ELPC and its members also have an interest in demand response programs and in policies related to Electric Vehicles. 1
3. Commission rules and precedent provide that organizations like ELPC may be granted intervention to advocate for the interests of the members that they represent. See, e.g., In re Application of The Detroit Edison Co. for Authority to Increase its Rates, MPSC Case Nos. U-15768 and U-15751 (January 11, 2010 at p. 8 ( In re Detroit Edison ; see also Drake v Detroit Edison, 453 F. Supp. 1123, 1129 (W.D. Mich. 1978 (noting that a plaintiff may be granted standing when he asserts interests not of his own but of a third party that meet the zone of interests test.. To establish standing to intervene in a Commission proceeding, an organization can assert and represent the interests of its third-party supporters and members without specifically identifying each individual member whose interests are to be represented. In re Detroit Edison at 8. 4. ELPC has members in Consumers service territory and has intervened and participated fully as a party in many recent MPSC cases involving Michigan utilities, including U-17752, U-17302, U-17301, U-16582, and U-16543. 5. The Commission generally recognizes two types of intervention: intervention by right and permissive intervention. ELPC meets the tests for both types of intervention. 6. To be granted intervention by right, a prospective intervenor must satisfy a traditional two-prong test for standing in Commission proceedings. See In re Detroit Edison at 7, citing Ass n of Data Processing Serv. Orgs. Inc. v Camp, 397 U.S. 150 (1970; see also Re Mich. Consol. Gas Co., MPSC Case No. U-10150 (December 8, 1992 at 3. To satisfy the first prong of the Data Processing test, an intervenor must be likely to suffer an injury-infact as a result of the outcome of the proceeding. In re Detroit Edison at 7; Drake, 453 F. Supp. at 1127. Among other things, a change in the cost of utility service constitutes an injuryin-fact under this standard. Drake, 453 F. Supp. at 1127. 2
7. To satisfy the second prong of the Data Processing test for standing to intervene in Commission proceedings by right, a prospective intervener must be within the zone of interests protected or regulated by the statute or statutes governing a particular proceeding. In re Detroit Edison at 7. The zone of interests test does not present a difficult barrier for litigants to negotiate insofar as it must only be shown that the asserted interests are arguably within the zone of interests to be protected. Drake, 453 F. Supp. at 1129 (emphasis added. Indeed, the court in Drake noted that the zone of interests test is generally a liberal one. Id. 8. ELPC and its members are within the zone of interests protected by MCL 460.1, et seq. These statutes generally protect ratepayers and provide opportunities for advocacy by ratepayer groups to protect their interests in Commission proceedings. Specifically, the increased costs that ELPC members could suffer as a result of the proceeding, in addition to the availability of opportunities to lower costs through energy efficiency and demand response programs are precisely the interests that the law seeks to protect. See MCL 460.6a, et seq. In addition to representing the interests of its members, ELPC also has organizational standing to protect its interest in electric utility rate design that preserves customer incentives to conserve energy and promote self-generation. See In re Detroit Edison at 8. 9. ELPC also meets the test for permissive intervention because it will provide useful information to the Commission and a unique regional perspective in the areas of environmental, energy, and ratepayer advocacy that will benefit the process as a whole. ELPC is a regional non-profit and has worked on a number of rate cases across the Midwest, advocating for the best possible policies for consumers and the environment. Over the past few years, ELPC has intervened in utility cases in Iowa, Illinois, Indiana, Michigan, Minnesota, Ohio, South Dakota, and Wisconsin. ELPC s technical staff and witnesses specialize in issues 3
related to energy efficiency policy and distributed generation, both of which are directly implicated by Consumers rate design proposal in this case. 10. This petition to intervene is timely and within the period for intervention set in the Notice of Hearing. 11. ELPC request that all notices and pleadings be served on: Margrethe Kearney 1007 Lake Drive SE Grand Rapids, MI 49506 mkearney@elpc.org and on: Bradley Klein 35 E. Wacker Drive, suite 1600 Chicago, IL 60601 bklein@elpc.org and on: Robert Kelter rkelter@elpc.org and on: Elissa Jeffers, Legal Assistant ejeffers@elpc.org For the reasons just outlined, ELPC respectfully requests that the Commission grant this petition to intervene and treat ELPC as a party to this proceeding. Respectfully submitted, Margrethe Kearney 4
5 1007 Lake Drive SE Grand Rapids, MI 49506 T: (773 726-8701 F: (312 795-3730 mkearney@elpc.org
MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS PUBLIC SERVICE COMMISSION ENTRY OF APPEARANCE IN AN ADMINISTRATIVE HEARING This form is issued as provided for by 1939 PA 3, as amended, and by 1933 PA 254, as amended. The filing of this form, or an acceptable alternative, is necessary to ensure subsequent service of any hearing notices, Commission orders, and related hearing documents. General Instructions: Type or print legibly in ink. For assistance or clarification, please contact the Public Service Commission at (517 241-6180. Please Note: The commission will provide service of documents in this proceeding to only one person for each party. THIS APPEARANCE TO BE ENTERED IN ASSOCIATION WITH THE ADMINISTRATIVE HEARING: Case / Company Name: Consumers Energy Company Docket No. U-17990 Please enter my appearance in the above-entitled matter on behalf of: 1. (Name (ELPC 2. (Name 3. (Name 4. (Name 5. (Name 6. (Name 7. (Name Name Margrethe Kearney Address 1007 Lake Drive SE I am not an attorney I am an attorney whose: City Grand Rapids State MI Michigan Bar # is P- 80402 Zip 49506 Phone ( 773 726-8701 Email mkearney@elpc.org Bar # is: ( state Date April 5, 2016 Signature: Save Form EAHR1-10/23/06
STATE OF MICHIGAN MICHIGAN PUBLIC SERVICE COMMISSION In the matter of the Application CONSUMERS ENERGY COMPANY for Authority to increase its rates for the generation and distribution of electricity and for other relief. Case No. U-17990 PROOF OF SERVICE I hereby certify that true copies of the foregoing Petition to Intervene of the Environmental Law & Policy Center, Affidavit of Margrethe Kearney, and Appearance of Margrethe Kearney were served by electronic mail upon the following Parties of Record, this 5 th day of April, 2016. Administrative Law Judge Dennis W. Mack Counsel for Attorney General Bill Schuette John A. Janiszewski Counsel for Consumers Energy Co. H. Richard Chambers Kelly M. Hall Gary A. Gensch Anne M. Uitvlugt Bret A. Totoraitis Robert W. Beach Counsel for MPSC Staff Spencer A. Sattler Heather M.S. Durian Meredith Beidler Counsel for Michigan Environmental Council, Sierra Club, and Natural Resources Defense Council Christopher M. Bzdok Kimberly Flynn, Legal Assistant Karla Gerds, Legal Assistant mackd2@michigan.gov janiszewski2@michigan.gove mpscfilings@cmsenergy.com rick.chambers@cmsenergy.com kelly.hall@cmsenergy.com gary.gensch@cmsenergy.com anne.uitvlugt@cmsenergy.com bret.totoraitis@cmsenergy.com robert.beach@cmsenergy.com sattlers@michigan.gov durianh@michigan.gov beidlerm@michigan.gov chris@envlaw.com kimberly@envlaw.com karla@envlaw.com
Counsel for ABATE Robert A.W. Strong Leland R. Rosier Counsultant for ABATE James Dauphinais Counsel for Michigan Cable Telecommunications Association Davis E.S. Marvin Counsel for Energy Michigan, Inc. Laura A. Chappelle Timothy J. Lundgren Counsel for Hemlock Semiconductor Corp. Jennifer Utter Heston Counsel for Residential Customer Group Don L. Keskey Brian W. Coyer rstrong@clarkhill.com lrrosier@clarkhill.com jdauphinais@consultbai.com dmarvin@fraserlawfirm.com lachapelle@varnumlaw.com tilundgren@varnumlaw.com jheston@fraserlawfirm.com donkeskey@publiclawresourcecenter.com bwcoyer@publiclawresourcecenter.com Elissa Jeffers, Legal Assistant