(1) Notwithstanding any other provision of this act, the owner of a renewable resource power production facility shall not be subject to the regulation or control of the public service commission, if all of the following conditions are met:
  (a) The owner of the renewable resource power production facility, before the construction of the renewable resource power production facility, was not a public utility subject to the jurisdiction of the public service commission.

Terms Used In Michigan Laws 460.6d

  • Commission: means the Michigan public service commission in the department of consumer and industry services. See Michigan Laws 460.10h
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • public service commission: means the Michigan public service commission created in section 1. See Michigan Laws 460.6h
  • renewable resource power production facility: means a facility having a rated power production capacity of 30 megawatts or less which produces electric energy by the use of biomass, waste, wood, hydroelectric, wind, and other renewable resources, or any combination of renewable resources, as the primary energy source. See Michigan Laws 460.6d
  (b) The ownership of the renewable resource power production facility is ancillary to the financing of the facility.
  (2) As used in this act, “renewable resource power production facility” means a facility having a rated power production capacity of 30 megawatts or less which produces electric energy by the use of biomass, waste, wood, hydroelectric, wind, and other renewable resources, or any combination of renewable resources, as the primary energy source.
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