Sec. 10h.
As used in this act:
(a) "Assignee" means an individual, corporation, or other legally recognized entity to which an interest in securitization property is transferred.
(b) "Commission" means the Michigan public service commission in the department of consumer and industry services.
(c) "Electric utility" means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562.
(d) "Financing order" means an order of the commission approving the issuance of securitization bonds and the creation of securitization charges and any corresponding utility rate reductions.
(e) "Financing party" means a holder of securitization bonds, including trustees, collateral agents, and other persons acting for the benefit of the holder.
(f) "Nonbypassable charge" means a charge in a financing order payable by a customer to an electric utility or its assignees or successors regardless of the identity of the customer's electric generation supplier.
(g) "Qualified costs" means an electric utility's regulatory assets as determined by the commission, adjusted by the applicable portion of related investment tax credits, plus any costs that the commission determines that the electric utility would be unlikely to collect in a competitive market, including, but not limited to, retail open access implementation costs and the costs of a commission approved restructuring, buyout or buy-down of a power purchase contract, together with the costs of issuing, supporting, and servicing securitization bonds and any costs of retiring and refunding the electric utility's existing debt and equity securities in connection with the issuance of securitization bonds. Qualified costs include taxes related to the recovery of securitization charges.
(h) "Securitization bonds" means bonds, debentures, notes, certificates of participation, certificates of a beneficial interest, certificates of ownership, or other evidences of indebtedness that are issued by an electric utility, its successors, or an assignee under a financing order, that have a term of not more than 15 years, and that are secured by or payable from securitization property. If certificates of participation, certificates of beneficial interest, or certificates of ownership are issued, references in this act to principal, interest, or premium shall refer to comparable amounts under those certificates.
(i) "Securitization charges" means nonbypassable amounts to be charged for the use or availability of electric services, approved by the commission under a financing order to fully recover qualified costs, that shall be collected by an electric utility, its successors, an assignee, or other collection agents as provided for in the financing order.
(j) "Securitization property" means the property described in section 10j.
History: Add. 2000, Act 142, Imd. Eff. June 5, 2000 Popular Name: Customer Choice and Electricity Reliability Act
Structure Michigan Compiled Laws
Chapter 460 - Public Utilities
Act 3 of 1939 - Michigan Public Service Commission (460.1 - 460.11)
Section 460.2 - Public Service Commission; Oath, Chairman, Removal, Quorum, Seal, Offices.
Section 460.5 - Public Service Commission; Books, Records, Files.
Section 460.5a - Annual Report.
Section 460.6c - Repealed. 2016, Act 341, Eff. Apr. 20, 2017.
Section 460.6e - Repealed. 2016, Act 341, Eff. Apr. 20, 2017.
Section 460.6f - Repealed. 1984, Act 49, Imd. Eff. Apr. 12, 1984.
Section 460.6p - Rates Subject to Electric Transmission Line Certification Act.
Section 460.6t - Integrated Resource Plan.
Section 460.6v - Proceeding to Reevaluate Procedures and Rates Schedules; Report; Definitions.
Section 460.6x - Shared Saving Mechanism.
Section 460.7 - Railroad Labor Unions; Representatives; Right to Participate in Hearings.
Section 460.9c - Customer on Active Duty in Military; Shut-Off Protection.
Section 460.9s - Postponement of Service Shutoff; Conditions; Definitions.
Section 460.9t - Low-Income Energy Assistance Fund.
Section 460.10 - MCL 460.10a to 460.10bb; Purpose.
Section 460.10g - Definitions; School Properties.
Section 460.10h - Definitions.
Section 460.10j - Securitization Property; Rights and Interests.
Section 460.10k - Financing Order; Effect in Connection With Bankruptcy.
Section 460.10l - Agreement to Transfer Securitization Property as True Sale.
Section 460.10n - Securitization Bonds; State Pledge of Certain Conduct.
Section 460.10q - Alternative Electric Supplier; License Requirements.
Section 460.10s - Low-Income and Energy Assistance Programs; Availability of Federal Funds.
Section 460.10t - Shut Off of Service; Conditions; Procedures; Definitions.
Section 460.10v - Joint Plan to Expand Available Transmission Capability.
Section 460.10w - Investor-Owned Electric Utility; Ferc Approval.
Section 460.10x - Cooperative Electric Utility; Requirements.
Section 460.10y - Municipally Owned Utility; Requirements.
Section 460.10z - Provisions of Act as Severable.
Section 460.10aa - Impairment of Contractual Rights Under Existing Contract.
Section 460.10bb - Aggregation; Use; Definition.
Section 460.10cc - Provisions as Severable; Certain Rate Reductions as Void.
Section 460.10dd - Appropriation; Hiring Full-Time Positions to Implement Act.
Section 460.10ee - Code of Conduct; Value-Added Programs and Services; Definitions.
Section 460.10ff - Energy Ombudsman.
Section 460.10gg - Long-Term Industrial Load Rate; Findings of Commission.
Section 460.10hh - Nuclear Energy Generation Feasibility Study.