201 N. Washington Square Suite 810 Lansing, Michigan November 4, 2010
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1 201 N. Washington Square Suite 810 Lansing, Michigan Telephone 517 / Fax 517 / Eric J. Schneidewind ejschneidewind@varnumlaw.com November 4, 2010 Ms. Mary Jo Kunkle Michigan Public Service Commission 6545 Mercantile Way P.O. Box Lansing, MI Re: Case No. U Dear Ms. Kunkle: Attached for paperless electronic filing is Energy Michigan's Petition for Leave to Intervene. Also attached is the original Proof of Service indicating service on counsel. Thank you for your assistance in this matter. Very truly yours, LLP ARNUM, V EJS/mrr Eric J. Schneidewind cc: ALJ parties Grand Haven Grand Rapids Kalamazoo Lansing Novi
2 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION ************* In the matter of the application of ) The Detroit Edison Company for ) Authority to increase its rates, amend its ) rate schedules and rules governing the ) Case U distribution and supply of electric energy, ) and for miscellaneous accounting authority. ) ENERGY MICHIGAN, INC.'S PETITION FOR LEAVE TO INTERVENE NOW COMES Energy Michigan, Inc. ("Energy Michigan") by and through its counsel, Varnum Riddering Schmidt & Howlett LLP and hereby petitions this Commission to authorize Energy Michigan to intervene in these proceedings pursuant to the Michigan Public Service Commission ("Commission") Rules of Practice and Procedure and the Michigan Administrative Procedures Act MCL et seq. In support of this Petition, Energy Michigan states as follows: 1. Energy Michigan is a non-profit corporation which was formed to protect and promote the interests of producers and users of independent power. Its membership includes those interested in cogeneration, small power production, power marketing, independent power projects, large users of electricity located in the Detroit Edison electric service territory including Meijer, Inc. and St. Joseph Mercy Health System and developers of independent power projects. 2. As a trade association for independent power producers and those interested in this industry (equipment vendors, fuel suppliers, engineering firms, energy users and marketers, project developer, units of government) Energy Michigan has been and continues to be interested in Electric Choice rate and rate design issues. Energy Michigan participated in the most recent Detroit Edison general rate Cases U-10102, U-13808, U and U which established the currently effective Detroit Edison retail tariffs. In those cases, Energy Michigan represented 1
3 the interests of its members who purchase bundled service, distribution service, standby, supplemental and firm power from Detroit Edison. Energy Michigan participated in Detroit Edison unbundling Case U and participated in unbundling Case U and the Show Cause Case U Energy Michigan has also participated in recent Detroit Edison proceedings which covered development of the market for independent power capacity and for Retail Open Access tariffs and transition charges including Cases U-10143, U-10176, U-11452, U et al, U- 1840, U-8869-DE, U-9798, U-12489, U and U Energy Michigan members, as retail rate customers and current and potential Retail Open Access customers who purchase or may purchase DTE distribution service and open access service as well as Retail Access power providers have a direct interest in the calculation and collection of distribution rates charged to Electric Choice customers. 3. On October 29, 2010 Detroit Edison filed an Application in this matter which will substantially revise and increase the distribution charges applicable to Electric Choice customers and the energy and distribution rates charged to full service customers. It is and will be the position of Energy Michigan that the proposed increases are excessive and unjustified. RELIEF REQUESTED WHEREFORE, Energy Michigan prays that the Commission: a. Grant the Energy Michigan Petition to Intervene; and b. Grant such other and further relief as is deemed lawful and appropriate. 2
4 Respectfully submitted, Varnum, Riddering, Schmidt & Howlett LLP Attorneys for Energy Michigan, Inc. By: Eric J. Schneidewind (P20037) The Victor Center, Suite N. Washington Square Lansing, Michigan /
5 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION ************* In the matter of the application of ) The Detroit Edison Company for ) Authority to increase its rates, amend its ) rate schedules and rules governing the ) Case U distribution and supply of electric energy, ) and for miscellaneous accounting authority. ) PROOF OF SERVICE STATE OF MICHIGAN ) ) ss. COUNTY OF INGHAM ) Monica Robinson, the undersigned, being first duly sworn, deposes and says that she is a Legal Secretary at Varnum LLP and that on the 4th day of November, 2010, she served a copy of Energy Michigan, Inc.'s Petition for Leave to Intervene upon the individuals listed below via at the address listed herein. Monica Robinson 4
6 Service List U Hon. Mark Cummins MPSC P.O. Box Lansing, MI Patricia Barone Anne Uitvlugt Assistant Attorneys General-PSC Jon Christinidis Bruce Maters Detroit Edison Company 5
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