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EXHIBIT 99(c)
STATE OF MICHIGAN
BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION
In the matter of the Association of )
Businesses Advocating Tariff Equity's )
Formal Complaint for the Reduction of ) Case No. U-11560
Consumers Energy Company's )
rates for the sale of electricity )
JOINT MOTION
OF
ASSOCIATION OF BUSINESSES ADVOCATING TARIFF EQUITY
AND
CONSUMERS ENERGY COMPANY
TO TEMPORARILY SUSPEND PROCEEDINGS
The Association of Businesses Advocating Tariff Equity ("ABATE") and
Consumers Energy Company ("Consumers Energy") jointly move for a temporary
suspension of the U-11560 proceeding. In support of this motion, ABATE and
Consumers Energy state as follows:
1. The U-11560 proceeding was initiated by the formal complaint of
ABATE against Consumers Energy.
2. Consumers Energy and some of the individual members of ABATE
participated in joint discussions which have been directed toward reaching a
comprehensive legislative resolution of issues related to the implementation of
electric utility industry restructuring. These discussions have resulted in the
preparation of proposed legislation which is supported by these ABATE members
and by Consumers Energy.
3. ABATE, its members and Consumers Energy wish to direct their
undivided attention and efforts for up to 120 days to achieve enactment of the
proposed industry restructuring legislation rather than proceeding with this
pending complaint case.
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Therefore, the moving parties jointly request that the U-11560 proceeding be
immediately suspended on the following terms:
(A) All further proceedings in this case should be suspended for up to
120 days. The movants agree that if there are any proposed amendments to the
agreed upon legislation, that the amendments must be mutually agreeable or both
parties will oppose such amendments. Further, if it is mutually agreed that
mutually agreeable legislation cannot be enacted within the time frame required
in this Motion, then these complaint proceedings shall be immediately resumed.
(B) If the electric industry restructuring legislation upon which the
movants have agreed, or similar restructuring legislation which ABATE
specifically supports, is enacted, the Movants will propose to the Commission,
based on the legislation enacted, the appropriate disposition for this
complaint.
(C) If legislation is not enacted within 120 days, unless the
proceedings have been resumed earlier based on a mutual request, the proceedings
in this case shall be promptly resumed within 7 days.
(D) Consumers Energy voluntarily agrees that, if the proceedings in
this case are resumed after 120 days or sooner, and a rate reduction is
subsequently ordered by the Commission, Consumers will voluntarily implement
such rate reduction back to a date 120 days before the date the rate reduction
would otherwise commence under the Commission's order, or the comparable period
equal to the length of the actual suspension. (e.g., if the period from the date
the Commission issues an order suspending proceedings in this case to the date
proceedings resume is actually 75 days, any rate reduction ultimately ordered by
the Commission would be voluntarily implemented by Consumers
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effective on a date 75 days prior to the date for the rate reduction provided
for in the Commission's order.
4. ABATE and Consumers Energy believe that granting this motion is
necessary for the success of the current efforts to enact comprehensive electric
industry restructuring legislation.
WHEREFORE, ABATE and Consumers Energy respectfully request that the
Commission grant this motion suspending Case No. U-11560 on the terms set forth
above.
Respectfully submitted,
ASSOCIATION OF BUSINESSES
ADVOCATING TARIFF EQUITY
By: /s/ Roderick S.Coy
----------------------------
CONSUMERS ENERGY COMPANY
By: /s/ Jon R. Robinson
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Date: December 6, 1999
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