Consumers Energy loses round in court over refund

Jan 25, 2012

The Michigan Court of Appeals has rejected an effort by Jackson-based Consumers Energy to reverse a state order that it repay $85 million to its customers.     

Consumers Energy’s customers are not getting any new money back from the utility.   Consumers already repaid the $85 Million a year ago.  

But the legal fight over the state’s order has continued since then.  

The case involved money collected by the utility to decommission the old Big Rock Point Nuclear Power Plant.     

The Michigan Public Service Commission decided Consumers had collected more money than it needed to decommission the old nuclear plant.    

This week’s decision by the Court of Appeals rejected Consumers arguments that it was entitled to the funds. 

A spokeswoman for the MPSC says the utility regulators are pleased with the decision.  

A Consumers spokesman says the company’s lawyers are still reviewing the decision, but appealing to the Michigan Supreme Court remains an option.