Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
Licensing and Regulatory Affairs  
Division/Bureau/Office:  
Public Service Commission  
Name of person completing this form:  
Jana Bachman  
Phone number of person completing this form:  
517-284-8088  
E-mail of person completing this form:  
BachmanJ2@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2019-137 LR  
Title of proposed rule set:  
Preservation of Electric, Gas, and Steam Utilities  
3. Purpose for the proposed rules and background:  
The purpose of the rules revision is to rescind or revise references to outdated methods of record  
keeping and retention, and to include currently employed methods, such as electronic storage. The  
rules were last revised in 1980 and are not consistent with modern modes of record storage. For  
example, the current rules refer to the correct manner in which to store punch cards, a record keeping  
method that is considered to be outdated.  
4. Summary of proposed rules:  
The current rules are more than 30 years old and do not include provisions for modern virtual and  
computer storage of records. The rule changes are intended to modernize rules for retention of records  
for electric, gas, and steam utilities to include modern virtual and computer storage of records as  
opposed to brick and mortar storage.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The Grand Rapids Press, 2-25-21; The Mining Journal, 2-25-21; The Oakland Press, 2-25-21  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
3/15/2021  
7. Date, time, and location of public hearing:  
3/24/2021 11:00 AM at Virtual room , https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?  
url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%  
253ameeting_MGNlM2MwYmYtYzc2Yy00YzU2LTk2M2UtNmZhMTczMzE1MjA2%  
2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522d5fb7087-3777-42ad-  
966a-892ef47225d1%2522%252c%2522Oid%2522%253a%2522f0d5dc44-ac61-4b9a-9111-  
e8adef40a539%2522%257d&data=04%7C01%7CBachmanJ2%40michigan.gov%  
7Cd974b01d6caf4d6cf73208d8cecc7f89%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%  
7C637486725001178326%7CUnknown%  
7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6M  
n0%3D%7C1000&sdata=WqyiU0ogG6I0EtoNf7itE8u01fCyirkadUYAIbwYgfg%3D&reserved=0  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=123  
9. List of the name and title of agency representative(s) attending public hearing:  
Michael J. Orris, J.D., Assistant Attorney General, appeared on behalf of the Michigan Public Service  
Commission Staff; Jana A Bachman, Staff Attorney Michigan Public Service Commission, appeared  
as witness.  
10. Persons submitting comments of support:  
None  
11. Persons submitting comments of opposition:  
Nicholas J. Chuey, DTE Energy Co.  
Gary A. Gensh, Jr., Consumers Energy Co.  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Name &  
Comments made at Written  
Agency Rationale Rule number  
Organization public hearing  
Comments  
for change  
& citation  
changed  
1
Nicholas J.  
Chuey  
DTE Energy  
Co.  
Public Hearing: The  
rule or the  
6 records themselves  
are not described or  
enumerated for  
Manufactured Gas R 460.2568a  
Plant remediation  
is not currently  
addressed in rules.  
Following the  
7 MGP sites.  
public hearing and  
written  
commentary, the  
proposed new rule  
in question was  
amended to  
Written: The records  
for manufactured gas  
plant (MGP) are not  
described or  
enumerated in this  
revised rule  
address the  
concern raised  
Public Hearing: The  
rule or the  
about the proposed  
new rule.  
6 records themselves  
are not described or  
enumerated for  
7 MGP sites.  
Written: The records  
for manufactured gas  
plant (MGP) are not  
described or  
enumerated in this  
revised rule  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
2
Gary A Gensh,  
Jr.  
Consumers  
Energy is  
Current rules do  
not address  
R 460.2568a  
Consumers  
Energy Co.  
concerned that  
compliance with plant remediation  
this proposed rule records. After the  
manufactured gas  
will be overly  
burdensome  
public hearing and  
written  
because the rule commentary, the  
indicates that it  
applies to  
“manufactured  
gas plant site  
proposed new rule  
in question was  
amended to  
address the  
records” and “all concern raised in  
related  
documents”  
without a clear  
limitation on the  
types of  
the comment  
about the proposed  
new rule.  
manufactured gas  
plant site records  
included in the  
requirement.  
13.Date report completed:  
8/19/2021  
MCL 24.242 and 24.245  
;