LET’S MOBILIZE OUR FORCES
What We Will See Tuesday: A hearing in front of a three-judge panel of the Michigan Court of Appeals. The issues are whether DTE’s ‘opt-out’ plan is legal and whether the Public Service Commission (MPSC) did its job properly in evaluating that plan. There will be oral arguments presented by an attorney on our side and by attorneys representing DTE and MPSC. Most interesting will be questions that some of these judges will pose to the attorneys. This may give us an early indication, which way the wind is blowing. For a more detailed discussion of what these appeals are all about see our earlier post: Appeals of DTE Smart Meter ‘Opt-Out’ Will Be Heard!
Just Added: Full brief of the Cusumano Appeal!
Where? The Michigan Hall of Justice, 2nd Floor. This building, shown above, is at 925 West Ottawa Street, in Lansing between Ottawa Street on the north, Allegan Street on the south and Martin Luther King, Jr., Boulevard on the west. It is on the opposite end of the mall from the Capitol Building.
When? Tuesday, January 13th at 10 am. This session of court runs from 10 am until noon. It is likely that other appeals will be heard before ours is called.
Why Should We All Come? This will not be a forum for us all to express our discontents. It is a legal proceeding in a courtroom in which only the named parties may take an active role. But it is important the judges see that there is strong public support for the parties who have brought this case. Judges are supposed to rule strictly according to law, but judges are human. And judges are often feeling pressure from the political establishment and from powerful special interests to uphold policies and programs we find unacceptable. If they look out upon a mostly empty courtroom their courage to buck the establishment may falter. But if they look out upon a courtroom that is jammed with people who CARE about the issue before them, and SUPPORT those who have brought the complaint before the Court, it may make a difference!
Who Has Brought This Issue Before the Court? There are actually two appeals. One was brought by Cynthia Edwards, Linda Kurtz and Leslie Panzica-Gloppa. The other by Dominic and Lillian Cusumano. Both appeals are by people who took part, two years ago before the MPSC, in the so-called DTE ‘opt-out’ case. Both appeals argue that DTE’s ‘opt-out’ plan, as approved by that Commission, is illegal and needs to be retooled so that people have a real CHOICE.
Map, Directions and Parking: The travel time from Detroit is about 1- 1/2 hours. Longer during rush hour or if there are adverse road conditions. Parking can be a challenge for first timers. Much helpful information at this link: http://www.michigan.gov/documents/gtfcj/Directions_to_the_MI_Hall_of_Justice_184038_7.pdf
Appropriate Attire: We have been advised that we will make a better impression if we are conservatively dressed. For the men a suit and tie is recommended. Blue jeans are out!
What Can We Hope For? A decision overturning the DTE ‘Opt-Out’ plan that was approved by the Public Service Commission. The case would then likely be remanded to the MPSC for a do-over, but with specific instructions as to issues that must be considered and evidence that must be heard. The forced installations and threats we are seeing now would stop until a new plan is approved. Alternatively, the Court might uphold the DTE ‘opt-out’ plan, in which case forced installations would continue and we would have to seek a remedy by starting a new action in a trial court.
There is a tentative plan for us all to go out to lunch at a restaurant within walking distance of the Hall of Justice. Meet after hearing in rotunda, outside courtroom.
SEE YOU THERE!