The Michigan Constitution reads thus: “Article VII,§ 15 County intervention in public utility service and rate proceedings. Sec. 15. Any county, when authorized by its board of supervisors shall have the authority to enter or to intervene in any action or certificate proceeding involving the services, charges or rates of any privately owned public utility furnishing services or commodities to rate payers within the county.”
Here is how ChatGPT summarizes that authority:
“Article VII, § 15 of the Michigan Constitution grants counties the authority to intervene in legal actions or proceedings involving the services, charges, or rates of privately owned public utilities that serve ratepayers within the county. Specifically, the provision empowers a county, upon authorization from its board of supervisors, to:
- Enter or Intervene: The county can take an active role in proceedings, whether it is a legal action or a certification process.
- Scope of Proceedings: The proceedings in which the county can intervene are those that concern the services, charges, or rates set by privately owned public utilities.
- Jurisdiction: This authority is specifically for cases where the utilities provide services or commodities to ratepayers within the county’s geographical area.
Key Authority Points:
- Authorization by Board of Supervisors: The intervention is contingent upon the board of supervisors in the county granting permission. This ensures that the county’s involvement is directed by local government decision-making.
- Public Utility Context: The provision specifically refers to privately owned public utilities, which means the county’s intervention is not in public utility matters generally, but only in cases involving private entities that are providing utility services to residents.
Purpose:
This provision is designed to give counties the power to protect local interests, particularly with regard to the fairness of utility services, rates, and charges that impact the residents within their jurisdiction. By intervening, counties can advocate for ratepayers or influence decisions that could affect the cost or quality of utility services in their area.
In practice, this could mean a county might challenge rate increases proposed by a utility or advocate for certain terms and conditions that benefit local residents. It effectively allows the county to act as a representative for its citizens in matters of utility regulation.”
In seeking to close the county’s Campbell plant in 2025 despite the warnings and recommendations of the preeminent grid experts MISO and NERC, Consumers Energy is endangering the citizens of Ottawa County, and we need the County Board to utilize its constitutional authority to stop it. This authority goes far beyond request, but extends to demand, and even perhaps working to change who supplies our electric. Furthermore, it is outrageous that Consumers Energy charges its residential customers 58% more than Zeeland customers on municipalized electric from its coop. On this issue too the County Board of Commissioners should step in and take action to remedy this outrageous pricing. Since Consumers Energy is a government-regulated monopoly, individual citizens have little or no power to change electric provider like we can change grocery store. We depend upon the elected County Board of Commissioners to protect us. The Whitmer-appointed MPSC is certainly NOT protecting us.