On June 21, the Michigan Public Service Commission (MPSC) filed its draft Application Instructions and Procedures for renewable energy and energy storage facility siting.
On first glance, the draft rules generally follow the text of Public Act 233. Of note, the draft rules contain robust public meeting and notice requirements for developers. The draft rules further emphasize that municipalities that do not have a “Compatible Renewable Energy Ordinance” (CREO) in place risk losing control of renewable energy developments.
But it is also important to emphasize that the draft rules do not presume a renewable energy project will be approved. To the contrary, if the rules are not followed closely, a developer risks denial of its proposed project.
Initial comments are due to be filed by July 17 and reply comments be filed by August 9, 2024 in MPSC Case No. U-21547. The MPSC will hold a public meeting on July 10, 2024 to discuss this proposal with those interested prior to the close of the initial comment period. Dalton & Tomich will attend the public meeting and update this space with any new developments.
Dalton & Tomich has been closely following developments with Michigan’s new renewable energy siting law. We represent both landowners and developers in renewable energy projects. If you have questions regarding Public Act 233 or renewable energy projects generally, please do not hesitate to contact us. We would be happy to speak with you.
