HOUSE BILL No. 4127


     January 28, 1997, Introduced by Rep. Dobb and referred to the Committee on Public Utilities.


        A bill to amend 1923 PA 238, entitled

   "An act authorizing the formation of corporations for the purpose
   of generating, manufacturing, producing, gathering, storing,
   transmitting, distributing, transforming, selling and supplying
   electric energy or gas, either artificial or natural, or both
   electric energy and gas, to the public generally, or to public
   utilities or natural gas companies, and providing for and giving
   to such corporations and also to corporations heretofore lawfully
   organized, among other things, for such purposes; to corporations
   heretofore lawfully organized, or that may hereafter be lawfully
   organized and duly authorized to carry on the electric or gas
   business as a public utility in the state of Michigan; and to
   foreign corporations heretofore lawfully organized or that may
   hereafter be lawfully organized, among other things, for such
   purposes, and duly authorized to carry on business in the state
   of Michigan, the right to condemn private property for the uses
   provided for herein,"

   by amending section 3 (MCL 486.253).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 3.  Such corporation shall furnish and sell to the

 2    public generally such electric energy as it shall generate or

 3    transmit and such gas as it shall manufacture, produce, store or



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 1    transmit, in the carrying on of its business, upon such

 2    reasonable terms, rates and conditions as shall be determined

 3    from time to time by the Michigan public service commission, and

 4    said commission may for that purpose, examine all books and

 5    records of such corporation and audit the same, and any order of

 6    said commission may be reviewed, set aside, modified or affirmed

 7    in the manner provided by law for the review of orders of said

 8    commission pertaining to steam railroad companies.  In any case

 9     where either Act No. 9 or Act No. 69 of the Public Acts of 1929,

10     as amended,  IF SECTION 3102 OR 6209 OF THE MICHIGAN UTILITY

11    CODE, MCL 460.3102 AND 460.6209, requires a certificate OR

12    DETERMINATION of PUBLIC CONVENIENCE AND necessity to be obtained

13    from the Michigan public service commission,  then in such

14     instance any such  THE corporation shall, before commencing any

15    condemnation proceedings,  first make application  SHALL APPLY to

16     ,  and obtain from  said  THE commission  such  THE certificate

17     as is now or may hereafter, by amendment, be required by the

18     provisions of said acts,  OR DETERMINATION and shall  , in all

19     other respects,  comply IN ALL OTHER RESPECTS with  the require-

20     ments of said acts  THAT ACT.

21         Enacting section 1.  This amendatory act does not take

22    effect unless Senate Bill No. _____ or House Bill No. _____

23    (request no. 00135'97) of the 89th Legislature is enacted into

24    law.









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