ORDER APPROVING SETTLEMENT AGREEMENTOrder Approving Settlement Agreement • February 20th, 2004
Contract Type FiledFebruary 20th, 2004On May 29, 2003, The Detroit Edison Company (Detroit Edison) filed an application requesting confirmation that it is in compliance with Section 10f of the Customer Choice and Electricity Reliability Act, 2000 PA 141 (Act 141), MCL 460.10f, which establishes a market power test that Detroit Edison must meet before the Commission may increase its rates for the retail sale of electricity. Under Section 10f, if Detroit Edison’s generation capacity exceeds its retail sales load (including a reasonable reserve margin) and it has commercial control over more than 30% of the relevant market, it must take steps to divest, sell, or transfer generating capacity.