RFR-Page 3
By authority conferred on the Commission by section 7(6) of 1909 PA 106, MCL 460.557(6),
section 5 of 1919 PA 419, MCL 460.55, sections 4, 6(1), and 10e(3) of 1939 PA 3, MCL 460.4,
460.6(1), and 460.10e(3), and section 173 of 2008 PA 295, as amended by 2016 PA 342, MCL
460.1173(1).
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
By authority conferred on the Commission by section 7(6) of 1909 PA 106, MCL 460.557(6),
section 5 of 1919 PA 419, MCL 460.55, sections 4, 6(1), and 10e(3) of 1939 PA 3, MCL 460.4,
460.6(1), and 460.10e(3), and section 173 of 2008 PA 295, as amended by 2016 PA 342, MCL
460.1173(1).
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
By authority conferred on the Commission by section 7(6) of 1909 PA 106, MCL 460.557(6),
section 5 of 1919 PA 419, MCL 460.55, sections 4, 6(1), and 10e(3) of 1939 PA 3, MCL 460.4,
460.6(1), and 460.10e(3), and section 173 of 2008 PA 295, as amended by 2016 PA 342, MCL
460.1173(1).
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The rules do not conflict with or duplicate similar rules, compliance requirements or other
standards.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
Part of the subject matter is currently contained in R 460.601-460.656, for which the Commission
has submitted an RFR to rescind those outdated rules.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes. This rulemaking was previously the subject of 2019-087, which was voided on March 10,
2020.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The rules do not exceed similar regulations, compliance requirements, or other standards.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
These proposed rules have undergone an extensive stakeholder process involving dozens of
meetings over a two-year period with interested parties including utilities, solar and wind
developers, environmental groups, ratepayer organization, and business customers.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
Net metering rules were last promulgated in 2009, but now the Commission finds it necessary to
rescind the existing rules and promulgate new ones which address a much broader set of issues.
MCL 24.239