S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *

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1 S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the application of ) CMS MARKETING, SERVICES AND TRADING ) COMPANY for a certificate of public convenience ) Case No. and necessity to render electric service to Western ) Michigan University. ) ) At the December 21, 1998 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon. John G. Strand, Chairman Hon. David A. Svanda, Commissioner ORDER APPROVING SETTLEMENT AGREEMENT On September 22, 1998, CMS Marketing, Services and Trading Company (MST) filed an application for a certificate of public convenience and necessity to serve Western Michigan University (WMU) under Consumers Energy Company s (Consumers) Rate DA program. Pursuant to due notice, a prehearing conference was conducted on November 10, 1998 by Administrative Law Judge Robert E. Hollenshead. The prehearing conference was attended by MST, Attorney General Frank J. Kelley (Attorney General) 1, Consumers, and WMU. The Commission Staff also participated in the proceedings. Subsequently, the parties filed a settlement agreement. 1 On December 16, 1998, the Attorney General withdrew his intervention.

2 The settlement agreement, attached as Exhibit A, requests that the Commission grant MST a certificate of public convenience and necessity to provide service to WMU, pursuant to the terms stated in the settlement agreement. Consumers does not oppose the granting of the requested certificate as part of the Rate DA program. However, Consumers reserves the right to object to any future efforts by MST to make retail sales of electricity pursuant to programs other than Rate DA. The Commission FINDS that: a. Jurisdiction is pursuant to 1929 PA 69, as amended, MCL et seq.; MSA et seq.; 1909 PA 106, as amended, MCL et seq.; MSA et seq.; 1919 PA 419, as amended, MCL et seq.; MSA 22.1 et seq.; 1939 PA 3, as amended, MCL et seq.; MSA 22.13(1) et seq.; 1969 PA 306, as amended, MCL et seq.; MSA 3.560(101) et seq.; and the Commission's Rules of Practice and Procedure, as amended, 1992 AACS, R et seq. b. The settlement agreement is reasonable and in the public interest, and should be approved. c. MST should be granted a certificate of public convenience and necessity to provide unbundled electric generation services to WMU, subject to the restriction that it may not construct, own, or operate transmission or distribution facilities for the delivery of energy and the other restrictions set forth in the settlement agreement. THEREFORE, IT IS ORDERED that: A. The settlement agreement, attached as Exhibit A, is approved. B. CMS Marketing, Services and Trading Company is granted a certificate of public convenience and necessity to provide unbundled electric generation services to Western Michigan University in the City of Kalamazoo, subject to the restriction that CMS Marketing, Services and Trading Page 2

3 Company shall not construct, own, or operate transmission or distribution facilities for the delivery of energy in that municipality and further subject to all other restrictions set forth in the Commission s October 20, 1997 order in Case No. U The Commission reserves jurisdiction and may issue further orders as necessary. Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, pursuant to MCL ; MSA MICHIGAN PUBLIC SERVICE COMMISSION ( S E A L ) /s/ John G. Strand Chairman /s/ David A. Svanda Commissioner By its action of December 21, /s/ Dorothy Wideman Its Executive Secretary Page 3

4 Company shall not construct, own, or operate transmission or distribution facilities for the delivery of energy in that municipality and further subject to all other restrictions set forth in the Commission s October 20, 1997 order in Case No. U The Commission reserves jurisdiction and may issue further orders as necessary. Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, pursuant to MCL ; MSA MICHIGAN PUBLIC SERVICE COMMISSION Chairman By its action of December 21, Commissioner Its Executive Secretary Page 4

5 In the matter of the application of ) CMS MARKETING, SERVICES AND TRADING ) COMPANY for a certificate of public convenience ) Case No. and necessity to render electric service to Western ) Michigan University. ) ) Suggested Minute: Adopt and issue order dated December 21, 1998 approving the settlement agreement and granting CMS Marketing, Services and Trading Company a certificate of public convenience and necessity to render electric service to Western Michigan University, as set forth in the order.