MI ELECTRIC TRANSMISSION CO LLC V MI PUBLIC POWER

Michigan Supreme Court
Lansing, Michigan
Megan K. Cavanagh,
Chief Justice
Brian K. Zahra
Richard H. Bernstein
Elizabeth M. Welch
Kyra H. Bolden
Kimberly A. Thomas
Noah P. Hood,
Justices
I, Elizabeth Kingston-Miller, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 20, 2026
Order
Clerk
May 20, 2026
SC: 168862
COA: 368921
Ingham CC: 23-000539-CB
MICHIGAN ELECTRIC TRANSMISSION
COMPANY, LLC,
Plaintiff/
Counterdefendant-Appellee,
v
MICHIGAN PUBLIC POWER AGENCY,
Defendant/
Counterplaintiff-Appellant.
___________________________________________
On order of the Court, the application for leave to appeal the June 23, 2025 judgment
of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on
the application. MCR 7.305(I)(1). The parties shall file supplemental briefs in accordance
with MCR 7.312(E), addressing: (1) whether the Court of Appeals erred in determining
that, under the Transmission Infrastructure Planning Act, MCL 460.591 et seq., there must
be a “direct physical connection” to an incumbent electric transmission company’s
facilities to confer upon that incumbent electric transmission company a statutory right of
first refusal under MCL 460.593(1); (2) if so, what is the correct interpretation of
“interconnect;” and (3) whether, evaluating the evidence in the light most favorable to the
defendant Michigan Public Power Agency, a genuine issue of material fact exists regarding
whether the regionally cost-shared transmission lines at issue in this case will “interconnect
to” the defendant’s facilities as required by MCL 460.593(1).
Persons or groups interested in the determination of the issues presented in this case
who are not exempt from the motion requirement under MCR 7.312(H) may move the
Court for permission to file briefs amicus curiae.

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