Miller, Canfield, Paddock and Stone, P.L.C. One Michigan Avenue, Suite 900
Lansing, Michigan 48933 TEL (517) 487-2070 FAX (517) 374-6304 www.millercanfield.com MICHIGAN ILLINOIS NEW YORK OHIO WASHINGTON, D.C. CANADA CHINA MEXICO POLAND QATAR Founded in 1852 by Sidney Davy Miller
SHERRI A. WELLMAN TEL (517) 483-4954 FAX (517) 374-6304 E-MAIL wellmans@millercanfield.com August 19, 2020 Ms. Lisa Felice Executive Secretary
Michigan Public Service Commission 7109 W. Saginaw Hwy., 3rd Floor Lansing, MI 48917
Re: Upper Michigan Energy Resources Corporation Case No: U-20228
Dear Ms. Felice:
Enclosed for electronic filing is a fully executed Settlement Agreement and a Proof of Service relating to the above-referenced matter.
If you should have any questions, please kindly advise. Very truly yours,
Miller, Canfield, Paddock and Stone, P.L.C.
By:
Sherri A. Wellman SAW:ehk
Enclosures
cc w/enc: ALJ Jonathan Thoits Michael J. Orris John Guntlisbergen Theodore Eidukas Koby Bailey Richard Stasik 36402459.2\156197-00032
Digitally signed by: Sherri Wellman DN: CN = Sherri Wellman email = wellmans@millercanfield.com C = AD O = Miller Canfield
Date: 2020.08.19 13:43:27 -04'00'
STATE OF MICHIGAN
BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION
*****
In the matter of the application of )
UPPER MICHIGAN ENERGY RESOURCES )
CORPORATION for reconciliation of its ) Case No. U-20228 power supply cost recovery plan (Case No. )
U-20227) for the twelve months ending )
December 31, 2019. )
PROOF OF SERVICE
STATE OF MICHIGAN ) ) ss COUNTY OF INGHAM )
Elizabeth H. Kunc, being first duly sworn, deposes and states that on August 19, 2020, she served a fully executed Settlement Agreement and this Proof of Service upon the parties listed below via electronic mail.
ALJ Jonathan Thoits thoitsj@michigan.gov
Michael J. Orris orrism@michigan.gov
Elizabeth H. Kunc Subscribed and sworn before me
on this 19th day of August, 2020.
Allison Kellogg, Notary Public
State of Michigan, Shiawassee County My Commission Expires: 09/03/2025 Acting in the County of Ingham
36402706.1\156197-00032
Digitally signed by: Elizabeth H. Kunc DN: CN = Elizabeth H. Kunc email = kunc@millercanfield.com C = AD O = Miller Canfield OU = Legal Secretary
Date: 2020.08.19 13:43:45 -04'00'
Elizabeth H. Kunc
Digitally signed by: Allison Kellogg DN: CN = Allison Kellogg email =
kellogg@millercanfield.com C = US O = Miller Canfield
Date: 2020.08.19 13:44:00 -04'00'
STATE OF MICHIGAN
BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION
* * * * *
In the matter of the application of UPPER MICHIGAN )
ENERGY RESOURCES CORPORATION for ) Case No. U-20228 reconciliation of its power supply cost recovery plan )
for the 12-month period ended December 31, 2019 )
SETTLEMENT AGREEMENT
Db_`bN[a a\ A7@ ,.),12 N[Q EbYR .-+ \S aUR AVPUVTN[ 5QZV[V`a_NaVcR <RN_V[T Ff`aRZk` Administrative Hearing Rules, 2015 AC, 792.10431, Upper Michigan Energy Resources 7\_]\_NaV\[ %iHA9E7j \_ aUR i7\Z]N[fj& N[Q aUR 7\ZZV``V\[ FaNSS %iFaNSSj& NT_RR N` follows:
1. On March 18, 2020, the Company filed with the Commission its application, testimony and an exhibit seeking authority to reconcile the power supply costs and revenues for the 12-month period ending December 31, 2019.
2. C[ 5]_VY +-' ,*,*' aUR 7\ZZV``V\[k` 9eRPbaVcR FRP_RaN_f V``bRQ aUR B\aVPR \S Hearing in this proceeding directing the Company to mail a copy of the Notice of Hearing to all cities, incorporated villages, townships, and counties in its Michigan electric service area, as well as to intervenors in Case Nos. U-18061 and U-20227. Furthermore, the Company was directed to publish the Notice of Hearing in daily newspapers of general circulation in its Michigan electric service area. On April ,.' ,*,*' P\[`V`aR[a dVaU aUR 9eRPbaVcR FRP_RaN_fk` QV_RPaVcR`' aUR Company electronically filed its affidavit of mailing and proof of publication.
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3. On, May 13, 2020, Administrative Law Judge Jonathon Thoits conducted the prehearing conference. The Company and Staff attended the prehearing conference. There were no intervenors.
4. FaNSSk` _RcVRd P\[`V`aRQ \S aR`a` \S ZNaURZNaVPNY NPPb_NPf N[Q N[NYfaVPNY aR`a` S\_ reasonableness. Staff conducted a detailed analysis of the PSCR costs and revenues for the reconciliation period. Staff had no adjustments to the filed PSCR reconciliation.
5. Subsequently, the parties engaged in settlement discussions and agreed as follows:
a. The expenditures charged in the WEPCO Rate and WPSC Rate Zones for the cost of power supply were reasonably and prudently incurred for the 12-month period ending December 31, 2019, and the purchase practices followed comport with the 2019 power supply P\`a _RP\cR_f %iDF7Ej& DYN[ N` N]]_\cRQ Of aUR 7\ZZV``V\[ V[ 7N`R B\) H-20227.
b. UMERC experienced a net cumulative over-recovery of $458,504 for its WEPCO Rate Zone during the period ending December 31, 2019. This amount reflects the roll-in of the 2018 over-recovery authorized roll-in Case No. U-20208, and roll-interest.
c. UMERC experienced a net cumulative over-recovery of $211,959 for its WPSC Rate Zone during the period ending December 31, 2019. This amount reflects the roll-in of the 2018 under-recovery authorized in Case No. U-20208, and interest.
d. It is agreed that UMERC shall reflect the $458,504 net over-recovery as the 2020 PSCR reconciliation beginning balance for its WEPCO Rate Zone, and the $211,959 net over-recovery for its WPSC Rate Zone 2020 PSCR reconciliation beginning balance.
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6. All the parties are of the opinion that this Settlement Agreement is in the public interest, represents a fair and reasonable resolution of the proceeding, and will aid in the expeditious conclusion of this case.
7. This Settlement Agreement is entered into for the sole and express purpose of reaching a compromise among the parties. All offers of settlement and discussions relating to this settlement are considered privileged under Michigan Rule of Evidence 408. If the Commission approves this Settlement Agreement without modification, neither the parties to the Settlement Agreement or the Commission shall make any reference to, or use this Settlement Agreement nor the order approving it, as a reason, authority, rationale or example for taking any action or position or making any subsequent decision in any other case or proceeding, however, such references may be made to enforce or implement the provisions of this Settlement Agreement and the order approving it.
8. The parties further agree that any order approving this Settlement Agreement shall not establish precedent for future proceedings. This Settlement Agreement is based on the facts and circumstances of this case and is intended as the final disposition of Case No. U-20228. If the Commission approves this Settlement Agreement, without modification, the undersigned parties agree not to appeal, challenge or otherwise contest the Commission order approving this Settlement Agreement.
This Settlement Agreement is not severable. Each provision of this Settlement Agreement is dependent upon all other provisions of this Settlement Agreement. Failure to comply with any provision of this Settlement Agreement constitutes failure to comply with the entire Settlement Agreement. If the Commission rejects or modifies this Settlement Agreement or any provision of this Settlement Agreement, this Settlement Agreement shall be deemed to be withdrawn, it
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shall not constitute any part of the record in this proceeding or be used for any other purpose, and shall not operate to prejudice the pre-negotiation position of any party.
9. All parties agree to waive § 81 of the Administrative Procedures Act of 1969, as amended, MCL 24.281, as it applies to the issues in this proceeding, if the Commission approves this Settlement Agreement without modification.
UPPER MICHIGAN ENERGY RESOURCES CORPORATION
Dated: August 19, 2020 By:
Its Attorney
Sherri A. Wellman (P38989)
MILLER, CANFIELD, PADDOCK and STONE, P.L.C. One Michigan Ave., Suite 900
Lansing, Michigan 48933 (517) 483-4954
MICHIGAN PUBLIC SERVICE COMMISSION STAFF
Dated: August 19, 2020 By:
Its Attorney
Michael J. Orris (P51232) Assistant Attorney General
Michigan Public Service Commission 7109 W. Saginaw Hwy.
3rd Floor
Lansing MI 48917 (517) 284-8140
36005701.4\156197-00032
Digitally signed by: Sherri Wellman DN: CN = Sherri Wellman email = wellmans@millercanfield.com C = AD O = Miller Canfield
Date: 2020.08.19 08:16:10 -04'00'
