Printer Friendly

FEDERAL COURT REJECTS ANTITRUST CLAIMS AGAINST CONSUMERS POWER

 FEDERAL COURT REJECTS ANTITRUST CLAIMS AGAINST CONSUMERS POWER
 JACKSON, Mich., May 29 /PRNewswire/ -- Consumers Power Company today announced that the U.S. Circuit Court in Washington has rejected anticompetitive claims against the company brought by a group of tax- exempt utilities, the Michigan Municipal Cooperative Group (MMCG).
 In a unanimous ruling, the three-judge court affirmed Federal Energy Regulatory Commission (FERC) orders authorizing $900 million in short- term borrowings by the company and refusing MMCG's request to inject its broad anticompetition and transmission claims into regulatory proceedings on Consumers Power's proposed sale of the Palisades nuclear plant to Palisades Generating Company.
 In a 20-page ruling handed down today, the federal court wrote: "FERC ... need not launch a full investigation just because a party cries 'anticompetitive behavior.' Whether allegations of anticompetitive impact are sufficiently concrete and sufficiently relevant to the proceeding at hand to warrant hearing is a determination left to the discretion of the Commission. FERC did not abuse that discretion in this case."
 Consumers Power Vice Chairman S. Kinnie Smith Jr., said, "With the federal court supporting FERC's determinations that the MMCG's anticompetitive arguments are inappropriate, we're hopeful that the municipal and cooperative utilities will abandon their legal campaign against Consumers Power and focus on working cooperatively with us on their planned formation of a public power pool, which will benefit their customers."
 FERC has accepted an "open access" electric transmission tariff and coordinated operating agreement filed earlier this year by Consumers Power which enable the municipal and cooperative utilities to utilize the company's transmission system in forming a municipal/cooperative coordinated pool. The court's opinion favorably noted Consumers Power's open access transmission policy.
 Consumers Power Company, the principal subsidiary of CMS Energy Corporation (NYSE: CMS), is Michigan's largest natural gas and electric utility serving almost 6 million of the state's 9 million residents in 67 of the 68 Lower Peninsula counties.
 -0- 5/29/92
 /CONTACT: Charles E. MacInnis, News and Information, Consumers Power Company, 517-788-0333/
 (CMS) CO: Consumers Power Company; CMS Energy Corporation; Michigan Municipal
 Cooperative Group; Federal Energy Regulatory Commission ST: Michigan IN: UTI SU:


SM -- DE023 -- 5317 05/29/92 16:32 EDT
COPYRIGHT 1992 PR Newswire Association LLC
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1992 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Publication:PR Newswire
Date:May 29, 1992
Words:357
Previous Article:UNITED STATES SURGICAL CORPORATION TO ACQUIRE ENDOTHERAPEUTICS
Next Article:NO DEBT SERVICE TO BE PAID ON COLUMBIA GAS LESOP DEBENTURES
Topics:


Related Articles
UTILITIES REQUEST ANTITRUST REVIEW OF CONSUMERS POWER
FEDERAL COURT RULES IN PENNSYLVANIA POWER & LIGHT CO.'S FAVOR ON ANTITRUST CLAIMS
FEDERAL JUDGE DISMISSES ANTITRUST CLAIM ASSERTED AGAINST PENNSYLVANIA POWER & LIGHT CO.
Surgical center alleges monopoly & anti-trust violations.

Terms of use | Copyright © 2016 Farlex, Inc. | Feedback | For webmasters