MICHIGAN CHOICE APPEAL. Michigan Attorney General Frank Kelley filed an appeal in the Michigan Court of Appeals of the Michigan PSC's Jan. 14 rehearing order (News Digest, March 15, 1998, p. 18) adopting a phase-in schedule for electric restructuring and retail choice for Consumers Energy and Detroit Edison. Kelley alleged that the order fails to create a competitive generation market or foster lower rates. He called it an "outrage," that gave the utilities everything they wanted. Case Nos. u-11290 et al., Feb. 13, 1998 (Mich.P.S.C.).
NEW HAMPSHIRE RESTRUCTURING. The U.S. Court of Appeals for the First Circuit has affirmed lower court rulings denying intervention to six ratepayer parties in a federal suit challenging New Hampshire's electric restructuring plan. It rejected attempts by the parties to establish their interest in the case based on claims that if the plan were overturned, they would lose an opportunity for lower rates. The court found that "every electric consumer in the state yearns for lower rates" and that the claim has an "overly contingent quality" in that it is based on an interaction of market variables the outcome of which is "anybody's guess." Public Service Co. of N.H. v. Patch, Nos. 97-1759 et al., 1998 wl 32503, Feb. 3, 1997 (1st Cir.).