Sec. 40.
Before undertaking a project for the construction or acquisition of facilities for the transmission or generation of electric power and energy, a joint agency shall, based upon engineering studies and reports meeting the standards required under section 38(d), determine that the project is required to provide for the projected needs for power and energy of its members from the date the project is estimated to be placed in normal and continuous operation and for a reasonable period of time thereafter. In determining the future power requirements of members of a joint agency, the joint agency shall consider all of the following:
(a) The economies and efficiencies to be achieved in constructing facilities for the generation and transmission of electric power and energy.
(b) The needs of the joint agency for reserve and peaking capacity, and to meet obligations under pooling and reserve sharing agreements reasonably related to its needs for power and energy to which the joint agency is or may become a party.
(c) The estimated useful life of the project.
(d) The estimated time necessary for the planning, development, acquisition, or construction of the project and the length of time required in advance to obtain, acquire, or construct additional power supply for members of the joint agency.
(e) The reliability and availability of existing alternative power supplies and the cost of those existing alternative power supplies.
History: 1976, Act 448, Imd. Eff. Jan. 13, 1977 ;-- Am. 2002, Act 533, Imd. Eff. July 25, 2002
Structure Michigan Compiled Laws
Chapter 460 - Public Utilities
Act 448 of 1976 - Michigan Energy Employment Act of 1976 (460.801 - 460.848)
Article 3 - (460.831...460.848)
Section 460.831 - Joint Agency; Formation; Creation; Purpose; Determination of Best Interest.
Section 460.832 - Board of Commissioners; Appointment and Term of Commissioners.
Section 460.836 - Other Municipality as Member of Joint Agency; Application; Resolution; Withdrawal.
Section 460.837 - Joint Agency; Rights and Powers Generally.
Section 460.840 - Determining Future Power Requirements; Considerations.
Section 460.842a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.
Section 460.844 - Sale or Exchange of Excess Capacity or Output.
Section 460.845 - Eminent Domain.