We conclude that a utility’s right of first entitlement set forth in Rule 460.3411 Required to impose a fine whenever a utility “neglects” to comply with one of its orders.2 When it determines that a utility has overcharged a consumer. Public Service Commission (PSC) is required to impose interest on a refund it awards “customer” ceases when the “customer” on the property changes.1 Second, whether the First, whether a utility’s right of firstĮntitlement to provide electrical service to “the entire electric load on the premises” of a This case requires us to resolve three issues. The Court reversed the judgment of the appellate court, and reinstated the decision of the hearing officer. The Court concluded that the right is not extinguished when ownership changes. One of the issues on appeal to the Supreme Court was whether Cherryland’s “right of first entitlement” stopped when the property ownership changed hands. The appellate court reversed the hearing officer. A hearing officer would rule in favor of the Lodge on the rate refund, but would not allow it to choose its own service provider, citing Cherryland’s “right of first entitlement” that dated back to when it provided service to the farm. The Lodge filed suit seeking a refund of excess rates it paid to Cherryland, and to have the ability to choose its own electric service provider. Over the course of the contract, Cherryland unilaterally raised the rates. The new Cherryland contract called for discounted rates. The Lodge did not protest Cherryland’s assertion in order to keep its expansion project on track. Cherryland insisted that it had exclusive rights to provide electric service to the Lodge. Defendant Cherryland Electric Cooperative (Cherryland) ran an electric line to the former farm. In 2000, the Lodge annexed a new portion of the former farmland to expand its premises. Pet free property.Plaintiff Great Wolf Lodge of Traverse City, LLC (Lodge) is a water park that sits on former farmland. Fees and deposits may not include tax and are subject to change.
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