Re Ano-Tech, Znc. v DTE Energy Company, et a1 by pxt10903

VIEWS: 34 PAGES: 51

									                                               SCHWARTZ LAW F                        I     &      ~     ~   ~
                                                        A PROFESSIONAL CORPORATION


SUSAN LEIGH BROWN                                             SUITE A
ERIK A. GRANEY                                      ~ ~ ~ ~ ~ W . T W E L V E M I L E R O A D J A2001
                                                                                          -4 N
MARY MAHONEY                                   FARMINGTON HILLS, MICHIGAN 48331                                        OF COUNSEL
CARMEN MOYER
BURTON H. SCHWARTZ
JAY A. SCHWARTZ
JONATHAN D. SWEIK
                                                      TELEPHONE (248) 553-9400 * ,* 1
                                                      FACSIMILE   (248) 553-9~87'-'-
                                                 EMAIL - cmoyer@schwartzlawfi~&&i
                                                                                     ''f
                                                                                      i
                                                                                                                SANDRA J BOMMARITO CHAPP
                                                                                                                 THOMAS J BORKOWSKI, JR
ERIC J. WEJROCH



                                                        January 2,2007



           Executive Secretary
           Michigan Public Service Commission
           P.O. Box 30221
           Lansing, Michigan 48909-772 1

                     Re:    Ano-Tech, Znc. v DTE Energy Company, et a1

           Dear SirIMadam:

                     Enclosed herein please find Claimant's Formal Complaint relative to the above-referenced
           matter.

                     Please file the Complaint in your usual manner.

                  Thank you for your assistance in this matter. If you should have any questions, please do
          not hesitate to phone.

                                                             Very truly yours,

                                                             SCHWARTZ LAW FIRM




          CMIwlj

          Enclosure
                  MICHIGAN PUBLIC SERVICE COMMISSION
                             P.O. BOX 30221
                         LANSING MI 48909-7721     J.2- LI iLi1



ANO-TECH, INC.,

               Claimant,
and

DTE ENERGY COMPANY ("DTE") and
DTE ENERGY COMPANY ("MICHCON),

               Respondent.


SCHWARTZ LAW FIRM, P.C.
By: Carmen Moyer (P62698)
Attorney for Claimant
37887 West Twelve Mile Road, Suite A
Farmington Hills, Michigan 4833 1
(248) 553-9400
                                                       1



                                  FORMAL COMPLAINT

       NOW COMES Ano-Tech, ANO-TECH, INC., by and through its attorney, Schwartz Law

Firm, P.C. and Mel R. Partovich & Associates states:

       1.     Ano-Tech, ANO-TECH, INC. ("Ano-Tech"), is a Michigan corporation with its

principal place of business located at 14200 Meyers Road, Detroit, Michigan 48227.

       2.     The address of Ano-Tech's attorney is 37887 West Twelve Mile Road,

Farmington Hills, Michigan 4833 1.

       3.     Respondent, DTE ENERGY COMPANY ("DTE"), is a public utility with its

registered office located at 2000 Second Ave., Detroit, Michigan 48226.
            4.   Respondent, DTE ENERGY COMPANY ("MICHCON) is a public utility with

its registered office located at 2000 Second Ave., Detroit, Michigan 48226.

            5.   Respondents are represented by Craig Romanzi of Craig Romanzi & Associates,

2850 Dixie Highway Waterford, Michigan 48238.

        6.       Ano-Tech has an interest in the subject matter of this complaint as a consumer

who has been injured by inaccurate and unjust billings by both MichCon and DTE.

        7.       Ano-Tech demands a contested case proceeding.

                                   ALLEGATIONS - MICHCON

        8.       Ano-Tech is a small business that does aluminum anodizing for various

manufacturing, municipal and automotive industries around the country.

        9.       MichCon was Ano-Tech's gas supplier until approximately 2005.

        10.      Some time in April 1999, Ano-Tech noticed erratic gas meter readings, including,

but not limited to, purported readings which translated into gas consumption over three times

what had actually been utilized.

        11.      Ano-Tech's President attempted to resolve the issue by contacting Charles Curry

at MichCon. Ano-Tech's president specifically requested that an investigator visit Ano-tech's

facility.

        12.      Ano-Tech's president and Mr. Curry had several conversations about the billing

and meter problems between the months of April 1999 through March 21, 2000. During this

time, no investigator visited Ano-Tech's facility as requested.

        13.      The MichCon invoices began to build a substantial arrearage because of the

unresolved billing issues.
           14.      When Ano-Tech's president addressed the outstanding balance with MichCon

representatives, he was assured that an audit and meter investigation would take place and that as

long as he paid on his monthly bill, he would not be subject to shut-off.

           15.      In March 2000 Ano-Tech received a shut-off notice. Upon receipt of the notice he

immediately contacted Mr. Curry. Mr. Curry assured Ano-Tech's president that no shut-off

would occur and that his account was being audited.

           16.     Ano-Tech received another shut off notice stating that it owed a balance of more

than $67,000.

           17.     This amount was grossly incorrect as it was not based on Ano-Tech's actual gas

consumption and was never verified by an audit of the account as promised by MichCon.

           18.     MichCon's failure to promptly investigate the meter and billing errors violated the

Michigan Public Service Commission's (MPSC) administrative procedure, R 460.2083.

           19.     Unable to obtain any relief through MichCon directly, Ano-Tech was forced to

file suit in Wayne County Circuit to stop MichCon from shutting off gas service and to resolve

the billing issues (Case No. 00-030268-(32)'.

           20.     At some point during the litigation process, Ano-Tech discovered that some of the

overcharges were based on a distribution charge for gas.

           21.     This distribution charge violated an agreement on the part of MichCon, stated in a

letter dated December 14, 1998, that it would fix the price of gas at 29.5 cents/Ccf for three

years.2

           22.     The letter did not state that the "fixed gas price" was exclusive of additional

distribution charges, which would be billed separately.


1
    The complaint was filed on September 15, 2000.
    Exhibit A: Letter fiom MichCon.
        23.     Ano-Tech had been paying his bills based on the fixed gas price of 29.5 centslccf,

and it was never explained to Ano-Tech's president, until after he filed suit, that MichCon

believed it was entitled to the additional distribution charges. Complaint maintains that this belief

is incorrect as a matter of law.

        24.    The case was never adjudicated on its merits. After Judge Teranes issued a

Temporary Restraining Order preventing Respondent from shutting off Ano-Tech's gas,

Respondent filed a motion for summary disposition based on the primary jurisdiction doctrine.

The motion was denied twice. Respondent appealed.

       25.     The Court of Appeals issued an order on May 25,2004, reversing the trial court's

denial of Respondent's motion for summary disposition, and holding that the MPSC had primary

jurisdiction over the issues in Ano-tech's complaint.

       26.     The Court of Appeals order did not mandate which party was to file an

administrative complaint with the MPSC, even though it was Respondent who insisted that the

MPSC hear the matter.

       27.     The issues were not adjudicated further.

       28.     In June or July 2005, MichCon shut-off gas service to Ano-Tech because Ano-

tech could not pay the disputed outstanding balance on its bill.

       29.     The termination of service was done, in part, because of Ano-Tech's failure to

pay distribution charges it believed it did not owe. This constitutes a violation of R.460.2084 (I),

which forbids discontinuation of service for non-payment of a non-utility service.

                                    ALLEGATIONS - DTE

       30.     Except for a period of approximately 12-18 months, Ano-Tech has always

received electric service through DTE.
           3 1.    In 2003, Ano-Tech switched to First Energy Solutions Corp. an Ohio Company,

because it charged only 6 cents per kilowatt hour, compared to DTE's 9 cents per kilowatt hour.

           32.     Ano-Tech continued to receive a bill from DTE, however "KVARS," even though

Ano-Tech was not using electricity supplied by DTE.

           33.     Ano-Tech contacted the MPSC to ask what the charge was for, and what a KVAR

was, but no explanation was given. The failure to investigate even an informal complaint is a

violation of R. 460.3407.

           34.     To the chagrin of Ano-Tech's president, he was now paying more for electric

service because of DTE's additional charges, instead of realizing the cost savings which

motivated him to switch providers in the first place.

           35.     In 2004 Ano-Tech eventually switched back to DTE since he was being charged

for the mysterious "KVARS," ultimately causing Ano-Tech to incur a higher total cost for

electricity than by simply maintaining service with DTE.

           36.     On or about February 1, 2006, Ano-Tech received an invoice fiom DTE which

included the disputed amounts on the old MichCon gas                   Apparently MichCon had

transferred the disputed balance (which had actually grown from the original disputed $64,000 to

$72,000) to Ano-tech's electric bill.

          37.     Ano-Tech did not consent to the transfer of the balance and did not give its

permission for the balance to be transferred.

          38.     Ano-Tech does not receive gas service from DTE.

          39.     Ano-Tech only receives electric services from DTE.

          40.     Ano-Tech has substantially kept its account with DTE current.



3
    Exhibit B: DTE Energy Invoice.
           41.     On March 10, 2006, Ano-Tech filed a formal complaint with DTE regarding the

February i n ~ o i c e . ~

           42.     On March 22, 2006, DTE sent a letter directly to Ano-Tech, in violation of the

Fair Debt Collection Act, as Ano-Tech was clearly represented by ~ o u n s e l . ~

           43.     Ano-Tech's counsel sent another letter on April 13,2006 requesting that all future

correspondence come directly to the law firm.6

           44.     No response was received from DTE, and DTE failed to respond to a request for

status on the complaint it had filed on behalf of         no-~ech.~ This is a violation of R 460.3407.
           45.     Rather than investigating the complaint, DTE sent a shut-off notice to Ano-Tech

indicating that shut-off was imminent.'

           46.     Ano-tech received a recorded message on August 15,2006 from DTE, stating that

it was going to shut-off electric service. While no date was given for the date, it was clear that

shut-off was immediate.

           47.     DTE's refusal to make any attempts to settle the account or investigate Ano-

Tech's complaint prior to sending a shut-off notice violates R. 460.3903(1)(h).

           48.     The sole reason DTE threatened to discontinue electric service was based on the

improper transfer of the MichCon balance to Ano-Tech's electric account.

           49.     This is not sufficient cause for shut-off, according to R 460.3940(c).

           50.     Ano-Tech was again forced into court to stop DTE from wrongfully shutting off

electric service.




    Exhibit C: Letter of Complaint Dated March 10,2006.
    Exhibit D: Letter from DTE Dated March 22,2006.
    Exhibit E: Letter dated April 13,2006.
'   Exhibit F: Letter Dated May 4,2006.
    Exhibit G: DTE Energy Invoice of August 10,2006.
        51.      On April 16, 2006, Ano-Tech filed a five-count complaint in Wayne County,

Case No. 06-623371-CZ.'

        52.      As a result of the allegations in the complaint, the court issued a Temporary

Restraining Order to prevent DTE from discontinuing electric service to Ano-Tech.

        53.      The order was extended on November 17,2006.lo

        54.      During all relevant periods, DTE had a duty to Ano-Tech to operate in accordance

with the rules and regulations promulgated by the Michigan Public Service Commission ("MPSC").

        55.      DTE breached its duty to Ano-Tech when it violated Sections 460.3902, and R.

460.3904 by the following acts or omissions:

                (a)      Failing to supply bills that conform to the billing requirements of the
                         MF'SC;

                (b)      Failing to submit bills based on actual meter readings on the schedule
                         required by the Michigan Public Service Commission;

                (c)      Failing to investigate Ano-tech's complaint about the transfer of the
                         disputed gas bill, as required by R. 460.3407;

                (c)      Failing to follow the procedures for shut-off notice outlined in R.
                         460.3903;

                (d)      Threatening to shut off electric service for non-payment on a gas account;
                         and

                (e)      Transferring an account balance fiom gas service onto an electric service
                         account without the consent or knowledge of Plaintiff.

        56.     As a direct and proximate result of DTE's breach of duty, Ano-Tech has incurred

substantial damages, including, but not limited to, damage to its credit, goodwill and business

reputation.




 Exhibit H: Complaint.
 Exhibit I: Order Extending Temporary Restraining Order.
lo
                                                  ACCOUNTING

           55.        Ano-Tech repeats and realleges paragraphs 1 through 54 above as though each

allegation was restated verbatim.

           56.        Ano-tech believes that DTE has overcharged it for electrical use on past bills.

           57.        Ano-tech has not received bills based on actual meter readings as required by the

MPSC Rules and Regulations.

           59.        Even during times when Ano-Tech's entire facility is shut down, not operating,

and everything is shut off, the meter continues to record substantial energy use.

           60.        Ano-Tech is being improperly charged for energy it has not consumed.

           61.        Ano-Tech is unable to sustain these improper energy costs.

           62.        The undersigned requested of Mr. Craig Romanzi, an accounting of the electric

bill account on November 3,2006.

           63.        The undersigned reduced this request to Mr. Romanzi on November 22,2006."

           64.        To date, Ano-Tech has received no response regarding its request.

           65.       Ano-Tech is entitled to an accounting of its past bills, and an accounting of the

actual units of electricity used. R. 460.3904;460.3407.

                                            RELIEF REQUESTED

          66.        Ano-Tech requests an accounting of its current electric bill, and any credits owed

to it, pursuant to R.460.3404;460.3407.

          67.        Ano-Tech requests that its electric meter be tested pursuant to R. 460.3601.

          68.        Ano-tech requests a hearing before the MPSC regarding the disputed MichCon

invoices and the improper transfer of the disputed balance onto his electric service account.



l 1 Exhibit J:   Letter Dated November 22,2006.
       69.     Ano-Tech requests that after his accounts are adjusted appropriately and that he

receives the proper credits for all billing errors, he be allowed to enter into a reasonable payment

plan pursuant to R. 460.2085


                                              SCHWARTZ LAW FIRM



                                              By:   -
                                                 Carmen Moyer ( ~ d 6 9 8 )
                                                 Attorney for Plaintiff
                                                 37887 West Twelve Mile Road, Suite A
                                                 Fannington Hills, Michigan 483 3 1
Dated: January 2,2007                            (248) 553-9400
mrchcon       Michigan Consolidated Ges Company
              500 G ~ ~ W .5,reet,
                           O I ~          ra22s




      AN0 TECH
      14200 MEYERS KD
               I
      DETROIT,M 482273922
      On behalf of the entire MichCon team, I'd like to express our appreciation for your loyal yupport. Because
      your businese i important to us, AN0 TECH has bccn selected as one of our preferred customers. This .
                      s
    . sratus means s t e m of energy specielists is availaklc to yo11 to ~ l d d r ),o11lr concerns and to act a a partne~
                                                                                   e~                          s
      in your future growth.You can teach your energy specialist toll free at (877) 231-9446.

     We know that you choose your suppliers carefully, so I went to share some important hprovements in our
     service that will benefit your company in the near future:

          Fixed gas price. As of January 1999, h e cost of gas will be fmed at 29.5$/Ccf for three years. In the
          past, MlchCon's cost of gas fluctuated based on thc market price. Now, thanks to a new regulatory
          program, this predictable price will help you budget your energy costs more effecrively, xf you have
          questions regarding this new price structure, or are considering alternative suppliers, please contact the
          MicbCon team first They can show you how to get the most for your energy dollar.
          Consolidated billing. In 1999 we will launch an all-new customer information system which will
          provide you with a consolidated bill for multiple accounrs and facilities. This will help siremline your
          payment and budget allocauon process.
          Psrtnership. MichCon has new ideas to help you reduce operating costs, increase efficiency and
          positively impact your bottom line. If you're looking for a new approach, call MichCon first.

     I will be calling you in the near future to see how your company can capitalize on these new initiatives. In
     the meantime, 1invite you to contact one of our energy p~ofessionals immediate assistance,
                                                                          for

     As a dependable supplier of natural gas for 150 years, MichCon has a proud legacy of providing energy
     solurions for Michigan businesses. We are proud to be of service to you and we thank you for your
     business!                                                                                                       -.
     Sincerely,

     Sandy Dougtuity
     Sales Consultant
     Sandra-Doughrity@MichCon.com
                                                                                                 -    --
                                                                                                             2        WIFE Iner


    SHUTOFF NOTICE




       ;4";:ECH'NCM t Y t K S ELP
                 9            KU
       O T ZOIT MI 48227-3822
        EF                                                                       Mail Paymenls To:

                                                     DTE Energy
                                                     P.O. Box 2859
        ~I~II~~II~III~I~I,~IIIILIIIIIIIIIIIIIIII~I~~I~~~IIE~~ISII~I~~~
                                                     Detroit MI 48260-0001

                                                                                 For address correclions, plssse visil rny.dlsenergy.com
                                                                                 on Ihe Web or call 1.800.477.4747.
                                                                                Relurn upper poflion wilh your payment       245518740

                                                                                Keep lower podion lor p u r records




Account Information

     SHUTOFF NOTICE

A n o Tech Inc D I P
14200 Meyers Rd
Detroit, MI 48227




Contact Information
                                                                                . .   .-
    Gas Leak or Gas Emergency        1.800.947.5000
    Electric Outage or Emergency     1.800.477.4747
    Customer Service                 1.800.477.4747
    Hearing-Impaired TDD line        1.800.888.6886 (Mon-Fri Barn-Spin)
    Web Site                         my.dteenergy.com




Account Balance as o f Jan 17,2006                             6,596.60
                                             ,
  Transfered Balance From 14,7,00 Meyers ~ dDetroit 26558.54
  Michcon Gas Cholce lndustr~al
  Transfered Balance From 14200 Meyers Rd, Detroit 44,305.62
  Michcon Gas Industrial
Payment Received Jan 27,2006 Thank Youl             - 1,000.00
     Balance Prior t o Current Charges                        78,460.76
 Your account remains subject t o shut off. $75 736.33 is due
 now. T o pay b y check or credit card, call us a i 1.800.477.4747.
     Current Charges
       Detroit Edison Business Electric Service                    730.84
     Total Current Charges                                         730.84

Account Balance as o f February 8,2006                       $79,191.60     1
f   paid after March 03,2006, a 2% late payment charge will be added to your next bill.




    'service is shut off. vou must oav the oast-due amount! a reconnect charae and de~osit:  olus Davment for anv
                          fhat
     ther del~nquenc~es you ow6 befoie service is,restored If DTE Energfis your piovidei for g a i and electrii,
     e
     , past-due arnounl requned applies to   both servrces To asslst you, we WIII
                                                                                refer your name to the LIHEAP
     I rect ro ram whlch prov~des assistance If you do not want your name referred please contact us at
                                    b~ll
     66 2& 2186 or e-mall us at I~heapdirect@dteenergy    corn If you have prevlousl rehponded, please d~sregardDTE
             s                     your
      nergy 1 currently comb~n~ng gas and electrlc servlce into one account a n J o n one b~ll.
    eginning with this bill, the MPSC authorized changes to Detroit Edison metered rates. Power Supply and Delivery
    !lated charges now show separately in the Detail Charges section. Customers served on the Business Electric and
    usiness Electric-Demand Pricing rates receive a 5 to 8 percent decrease in rate levels. There are minimal
    lpacts to seasonal, time-of-day and water heating rates.




                                                      Page 1 o 3
                                                              r
                                                                                                s $DTE                     Energy
                                                                                                                             _--__._____-,_,_   -
 -
         To avoid shut off, pay the past due amount by the date indicated on the front ofthe bill using one
..       of the following methods:

           .   Automated pay agents, located throughout Michigan, accept cash, checks and money orders.
               To assure your payment is posted to your account prior to the day it is available for disconnection,
               payments must be made a minimum of 5 business days prior to the date indicated in the Surnmary
               of Charges section on the front of this bill. If no date is indicated, your service is subject to immediate
               shut off and you should contact DTE Energy immediately. To find the nearest agent, contact
               DTE Energy at 1.800.477.4747 or visit our Web Site at my.dteenergy.com.
               Pay by credit card or personal check (for a fee) by calling 1.800.294.2634.
               Checks and money orders are accepted by mail, addressed to DTE Energy, Box2859. Detroit, MI
               48260. If paying by mail, payment must be received before the shut-off date.




     Detail Charges
     F o r S e r v i c e a t 14200 Meyers Rd, Detroit, MI

     Detroit Edison Business Electric Service
        Current Charaes                                                           I Current Billina Information
         Power Supply Charges                                                                                        -
                                                                                     Service ~ e r i o i Dec 6,2045 Jan 9,2006
          Energy Charge                                                              Days Billed         34
                                                         @                            ~~
                                                              0 . 0 8 6 0 m ' ~ ~ ~ :Meter Number 8355316            05
          Electric Surcharges *                                                      Meter Reading 3653 Actual - 3730 Actual
         Delivery Charges                                                            Dilference          77
          Service Charge                                                  8.78       Multiplier          160
          Detroit Utility Tax                                            64.28       KWH Used            12320
                                                                                     Your next scheduled meter read date is on
        Total Detroit Edison Current Charges                          1,349.93       or around MAR 09,2006 -
                                                                                      Usage History -Average per day
                                                                                                        Current     Last      Year
                                                                                                        Month      Month       Ago
                                                                                        KWH Usage        362.4     645.0      658.3
                                                                                        Change                      -4%        -44%


     Detroit Edison Business Electric Service
       Current Charges                                                                Current Billing information
        Power Supply Charges                                                                                        -
                                                                                        Service Peimd Jan 9,2006 Feb 7,2006
         Power Supply Energy                       ;:
                                  1968D KWH @ 0.04935: ; ;9                             Days Billed     29
                                                                                        Meter Number    8355316          05
         Power Supply Surcharges*                                                       Meter Reading 3730 Actual - 3853 Actual
        Delivery Charges                                                                Dllference      123
                   e
         S e ~ i c Charge                                   8.78                        Multiplier      160
         Distribution             19680 KWH @ 0.03993 785.82                            KWH Used        19680
         Delivery Surchargesh*                            132.18                        Your next scheduled meter read date Is on
         Detroit Utility Tax                               96.76                        or around MAR 09.2006

       Total Detroit Edison Current Charges                                       /
                                                                        ~ ~ 0 1 9 . 3 0Usage History -Average per day
                                                                                                         Current     Last     Year
           Credit for prior Cancelled Charges from Dec                - 2,638.39         KWH Usage
                                                                                                         Month
                                                                                                          678.6     Month
                                                                                                                    362.4      Ago
                                                                                                                              816.6
           6,2005 -Jan 9,2006                                                            Change                       87,      - 1Wb
       Total Detroit Edison Business Electric
       Service Charges
                                                                         730.84   (
     'Power Supply surcharges include costs associated with the Power Supply Cost Recovery (PSCR) and Regulatory
     &set Recovery Surcharge.

     '"Delivery Surcharges include Nuclear Decommissioning, Renewable Energy Surcharge, Choice Implementation
     Surcharge and Securitization Bond and Bond Tax charges.




                                                         Page 2 013
                                              SCHWARTZ LAW FIRM
                                                       A PROFZSSIONAL CORPORATION

                                                           SUITE A
SUSAN LEIGH BROWN                                37887 W. TWELVE h4ILE ROAD
MARY MAHONEY                                  FARMINGTON HILLS, MICHIGAN 4833 1                             OF COUNSEL
CARMEN MOYER
BURTON H. SCHWARTZ                                  TELEPHONE: (248) 553-9400                       SANDRA J. BOMMARITO CHAPP
JAY A. SCHWARTZ                                      FACSaaE: (248) 553-9107                          THOMAS J. BORKOWSKI, JR.
JONATHAN D. SWEK                                EMAIL - jschwartz@schw~awfirmpc.com

                                                       March 10,2006



           Mr. Paul Stovall
           DTE Energy                                                               VIA FACSIMILE
           (248) 223-2388
           (248) 223-2896

                     Re:    Ano-Tech, Inc.
                            Account Number 1641 108 0003 8

           Dear Mr. Stovall:

                     This law firm represents Ano-Tech, Inc.

                   Please allow this letter to serve as an official complaint disputing the overdue amount
           indicated on my client's most recent bill. We request an immediate stay of the shut-off notice
           while this dispute is pending.

                  Specifically, my client is being billed by DTE for gas services that were provided by
          MichCon. MichCon's services, and the amount charged to my client, have been in dispute for
          quite some time. Apparently these disputed charges were recently transferred to DTE. This was
          improper and we are requesting that these amounts be immediately removed from my client's
          electric bill.

                  My client has always paid his electric bills on time and will continue to do so. It is
          therefore unfathomable to me how DTE can justify the discontinuation of electric services for
          which my client has timely paid. Furthennore, my client currently does not have gas service
          through DTE or MichCon. If you do not issue an immediate stay of this notice, we will seek
          injunctive relief in a court of competent jurisdiction and will seek attorney fees for having to do
          so. Should DTE actually shut-off electric services, it will disrupt my client's business and we
          will seek compensation for any and all damages suffered as a result of the shut-off.

                  In light of the foregoing, I am requesting that the disputed amount be removed from my
          client's DTE bill and that the shut-off notice be immediately rescinded.
Mr. Paul Stovall
DTE Energy
March 10,2006
Page 2



        I look forward to hearing from you soon. If we do not receive confirmation from
someone at DTE within the next (2) two business days that you have issued a stay of the shut-off
notice, we will seek immediate judicial relief.

                                           Very truly yours,

                                            SCHWARTZ LAW FIRM



                                           By:
                                                 JAY A. SCHWARTZ


cc:    Ano-Tech, Inc.

       Michigan Public Service Commission
       Customer Intake Center
       P.O. Box 30221
       Lansing, Michigan 48909

       DTE Customer Service Center
       26801 Northwestern Highway
       Southfield, Michigan 48034
                                                             -   ..-



                                            [
        DTE Energy. Your billing inqui# for services at:
~ntacting
                                            ?
                    . .                     i
                                            I


2:03:00PMon 3/2 112006. Please keep thi, letter as
ur.inquiry being received.             'I
                                        r



er assistance, please call 1.800.4'77.4747. h e n you call
ed customer service line, your call will. be brected to a
                                            5
 representative to assist you.
                                                SCHWARTZ LAW F I N
                                                          A PROFESSIONAL CORPORATION

                                                             SUITE A
                                                   37887 W. TWELVE MILE ROAD
 SUSAN LEIGH BROWN                              FARMINGTON HILLS, MICHIGAN 4833 1                         OF COUNSEL
MARY A. MAHONEY
CARMEN MOYER                                          TELEPHONE: (248) 553-9400                    SANDRA J. BOMMARlTO CHAPP
BURTON H. SCHWARTZ                                     FACSIMILE: (248) 553-9107                    THOMAS 5. BORKOWSKI, JR
JAY A. SCHWARTZ                                   EMAIL - jschwartz@schwartzlawfirmpc.com
JONATHAN D. SWeM


                                                          April 13,2006



          Customercare
          DTE Energy
          2000 2ndAvenue
          Detroit, Michigan 48226-1279


          To Whom It May Concern:

                  I am in receipt of your March 22,2006 letter directed to Ano-Tech, Inc. regarding receipt
          of the formal complaint and request for a stay of shut-off notice. As I indicated to you in my
                                        im
          March 10, 2006 letter, this f r represents Ano-Tech, Inc. In light of this representation, you
          should not be sending correspondence directly to the client. Please direct all future
          correspondence regarding this account to this law firm.

                     Thank you for your kind attention to this matter.
                                                               .    --
                                                               Very truly yours,

                                                              SCHWARTZ LAW FIRM



                                                             By:         -             4.
                                                                    JAFA. @ ~ A R ? Z a '
                                                                                            sd=&
         JASlwlj

         cc:     Ano-Tech, Inc.
                                           SCHWARTZ LAW FIRM
                                                    A PROFESSIONAL CORPORATION


                                                         SUITE A
                                               37887 W. TWELVE MILE ROAD
 SUSAN LEIGH BROWN                          FARMINGTON HILLS, MICHIGAN 4833 1                           O F COUNSEL
MARY A. MAHONEY
CARMEN MOYER                                    'TELEPHONE: (248) 553-9400                      SANDRA J. BOh4tvlARlTO CHAPP
BURTON H. SCHWARTZ                                FACSIMILE: (248) 553-9107                       THOMAS J. BORKOWSKI, JR.
JAY A. SCHWARTZ                              EMAIL - cmoyer@schwartzlawfirmpc.com
JONATHAN D. SWELK


                                                      May 4,2006



          Customer Service
          DTE Energy
          2000 2ndAvenue
          Detroit, Michigan 48226-1279

                     Re:   Ano-Tech, Inc.
                           Account Number 1641 108 0003 8

          To Whom It May Concern:

                I am writing to request an update on the status of the complaint we filed on
          March 10, 2006 regarding a disputed bill (a copy is attached for your reference). I assume that
          DTE has taken no further action to shut off services pursuant to our initial request. Please call
          me at your earliest convenience so that we may discuss the status of my client's complaint.
          Thank you for your lund attention to this matter.

                                                        Very truly yours,

                                                        SCHWARTZ LAW FIRM


                                                                                               /


                                                        By:                              /
                                                               CARMEN MOYER         I/
          CWcl

         Enclosure
 SHUTOFF NOTICE
    ~ d d r e s changes or csmmsnb will onBy
                s                                                               Please lndlcate amount paying $




    14200 MEYERS RD
    DETROIT MI 48227-3922                                                             Mall Payments To:
                                                             DTE Energy
                                                             P.0 Box 2859
     ~I~~I~~I,~IIS~I~~I~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~~~ 48260-0002
                                                             Detrolt MI

                                                                                      For address correclions, please visil rny.dteensrg~.com
                                                                                      on the Web or call 800.477.4747.

                                                                                     .Return upper porhon with your pawent        263806845
                           ... . -
                           ...
                           .
                            ...            ..............            . . . . . . . . .h-p. .nuns,
                                                                                      .. .
                                                                                                                                     *----    . ..
                                                                                                                                             .-.
         . . . . . .                                                                                pofiio41: r ,id; RLcds
                                                                                                            o                   ..............




Account lnformation


  SHUTOFF NOTICE
Ano Tech lnc D i P             ,   ,


14200 Meyers Rd
Detroit, MI 48227      .

                                                                                                       ..
                                                                                                       ,


Contact Information
 Gas Leak or Gas Emergency           800.947.5000
 Electric Outage or Emergency        800.477.4747
 Customer Service                    800.477.4747
 Hearing-Impaired TDD line         - 800.888.6886 (Man-Fri 8arri-5pm)
 Web Site                            rny.dteenergy.com




Account Balance as of Jul17,2006                             84,985.71             Average temperatures for this billing
                                                            - 1,200.00             period were 10 degrees warmer than last
Payment Received Jul27,2006 Thank You!                                             billing period. As a result your appliances
   Balance Prior t o Current Charges                         83,785.71             may be working harder t o make you feel
                                                                                   more comfortable.
 Your account remains subject t o s h u t o f t $79 665.21 is due
 now. T o pay b y check or credit card, call us at'800.477.4747.
   Current Charges
     Detroit Edison Business Electric Service                   3'15.41
   Total Current Charges                                        315.41

Account Balanceas of August 10,2006                         $84,101.12

If paid after September 01,2006, a 2% late payment charge will be added to your next bill.                  "-




  service is shut off ou must pay the past-due amount a reconnect charge and deposit plus payment for any
Ither delinquenciei [hat you owe before service is restdred. If DTE Energy Jsyour providhrfor gas and electric,
                              ap
the past-due amount requ~red lies to both services. To assist you we will refer your name to the Ener y
Direct ro ram which provides blrassistance. If you do not want you; name referred, please contact us a?
866.2&,386 or e-rnail !sat energydirect~dfee~ergy.qomyou havepreviously responded, please disregard DTE
                                                              If
Energy is currently combining your gas an electrlc service Into one account and on one bill.




                                                                                                        Gs                   DBE Energy
                                              ,--
                                          f


                                                SHUT-OFF NOTICE

    In order to protect our customers and employees, DTE Energy f~eldpersonnel cannot accept
    payment when a( the customer's premlse to d~sconnect electnc andlor gas servlces (s)

    To avo~d   shut off, pay the past due amount by the date ~nd~cated the front of the bill uslng one
                                                                    on
    of the follow~ng  methods

      .   Automated pay agents, located throughout Michigan, accept cash, checks and money orders.
          To assure vour oavment is oosted to vour account Drlor to the davit is available for d~sconnectlon.
          payments hustbemade a minimum of 5 business days prior to the date indicated in the summa&
          of Charges section on the front of this bill. If no date is indicated, your service is subject to immediate
          shut off and you should contact DTE Energy immediately. To find the nearest agent, contact
          DTE Energy at 800.477.4747 or dsit our Web Site at my.dteenergy.com.
      .                                                             800 477.4747.
          Pay by credit card or personal check (for a fee) by call~ng
      .                                                                                           MI
          Checks and money orders are accepted by mall, addressed to DTE Energy, Box 2859, Detro~t,
          48260 If paying by mall, payment must be received before the shut-off date




Def ail Charges

F o r S e r v i c e at 14200 M e y e n Rd, Detroit, MI

Detroit Edison Business Electric Service
   Current Charges                                                               Current Billing lnformation
    Power Supply Charges :                                                         Service Period May 9.2006 - Ju110,2006
     Power Supply Energy      22400 KWH @ 0 049351,105 44                          Days Billed     62       .
     Power Supply Surcharges*                      188 25                          Meter Number 8355316             05
                                                                                   Meter Reading 4185 Actual - 4325 Actual
    Delivery Charges :                                                             Difference      140
     Servce Charge                                  17 56                          Multiplier      160
     D~stnbut~on              22400 KWH @ 0 03993 89443                            KWH Used        22400
     Dellvery Surcharges'"                         152 95                          Your next scheduled meter read date Is on
     Detro~tUtll~ty
                  Tax                              11793                           or around SEP 07,2006

   Total Detroit Edison Current Charges                          2,476.56        Usage History -Av
                                                                                       H~story -Average per day
                                                                                                   Current     Last     Year
                                                                                                   Month     Month       Ago
                                                                                   KWH Usage        361.3
                                                                                                    3oi.d     660 0
                                                                                                              bbu.u     502 .
                                                                                                                        s u ~1 i
                                                                                   Change                      -4%       -2836
                                                                                                                                   I
                                                                                                                                   I

Detroit Edison Business Electric Service
                                                                             I Current Billina Information
   Current Charaes
                                                                         -   1                                 -
                                                                        1
                                                                                                      j
                                                                                   Servlce ~ e r ~ o ;Jul 10,2006 Aug 9,2006
    Power Supply Charges :
     Power Supply Energy
     Power Supply Surcharges'
                                      17600 KWH @
                                      '
                                                         O 04935   ::::::          Days Bllled        30
                                                                                   Meter Number 11315316            05
                                                                                   Meter Readlna 4325 Actual - 4435 Actual
    Deliverv Charaes :                                                       I     Difference - 110
     ~ e ~ l ~chka r i e
     Distribution                     17600 KWH @
     Delivery Surcharges"
     Detroit Utility Tax                                             92.83   1      or around SEP 07,20(

   Total Detroit Edison CurrentCharges                           1,949.35    1   Usage History -Average per day
                                                                                                   Current     Last     Year
      Credit for prior Cancelled Charges from May                                                  Month     Month       Ago
      9,2006 - Jul 10,2006        .                             - 4'110'50         KWH Usage        586.7     361.3     497.1
                                                                                   Change                       6%        1%
   Total Detroit Edison Business Electric
   Service Charges                                                 31641     1
'Power Supply surcharges include costs associatedwith the Power Supply Cost Recovery (PSCR) and Regulatory
Asset Recovery Surcharge.
**Delivery surcharges include Nuclear Decommissioning, Renewable Energy Surcharge, Choice Implementation
Surcharge, Rate Reduction Credit.and Securitization Bond and Bond Tax charges.
                                                                         -r      FiLED
                                                                              CATHY id]. W~mE74
                                                                              WAYNE CO?INTY CLERK



                                     STATE OF MICHIGAN

                    IN THE CIRCUIT COURT FOR THE COUNTY OF WA-YNE


ANO-TECH, INC.,

       Plaintiff,

                                                                       06-623371 CZ 811 612006
                                                                    JDG:GERSHWIN A. DRAIN
                                                               AN0 TECH INC
DTE ENERGY COMPANY and                                                vs    1111 I1111 Ill I I IIII Ill1 I I
MICHIGAN CONSOLIDATED                                          DTE ENERGY COMPANY
GAS COMPANY,

       Defendants.


SCHWARTZ LAW FIRM, P.C.                              MEL R. PARTOVICH & ASSOCIATES
By: Carmen Moyer (P62698)                            By: Me1 Partovich (P23 103)
Attorney for Plaintiff                               Co-Counsel for Plaintiff
37887 West Twelve Mile Road, Suite A                 37887 West Twelve Mile Road, Suite B
Farmington Hills, Michigan 4833 1                    Farrnington Hills, Michigan 483 3 1
(248) 553-9400                                       (248) 865-2000




       THERE IS NO OTHER CIVIL ACTION BETWEEN THESE PARTIES ARISING OUT OF THE SAME
       TRANSACTION OR OCCURRENCE AS ALLEGED IN THIS COMPLAINT PENDING IN THIS COURT, NOR HAS
       ANY SUCH ACTION BEEN PREVIOUSLY FILED AND DISMISSED OR TRANSFERRED TO AFTER HAVING
       BEEN ASSIGNED TO A JUDGE. I DO NOT KNOW OF ANY OTHER CIVIL ACTION, NOT BETWEEN THESE
       PARTIES, ARISING OUT OF THE SAME TRANSACTION OR OCCURRENCE AS ALLEGED IN THIS
       COMPLAINT THAT IS EITHER PENDING OR WAS PREVIOUSLY FILED AND DISMISSED, TRANSFERRED,
       OR OTHERWISE DISPOSED OF AFTER HAVING BEEN ASSIGNED TO A JUDGE IN THIS COURT.



                                  VERIFIED COMPLAINT

       NOW COMES Plaintiff, ANO-TECH, INC., by and through its attorney, Schwartz Law

Firm, P.C. and Me1 R. Partovich & Associates, and for its Verified Complaint, states:

       1.      Plaintiff, ANO-TECH, INC. ("Ano-Tech''), is a Michigan corporation with its

principal place of business located in the City of Detroit, County of Wayne, State of Michigan.
        2.      Defendant, DTE ENERGY COMPANY ("DTE"), is a public utility with principal

offices located in the City of Detroit, County of Wayne, State of Michigan.             -




        3.      Defendant, MICHIGAN CONSOLIDATED GAS COMPANY ("Mich Con") is a

public utility with principal offices located in the City of Detroit, County of Wayne, State of

Michigan.

        4.      Jurisdiction is proper in this matter pursuant to MCLA §§ 600.60 1 and 605, 71 1,

and based upon Ano-Tech's prayer for equitable relief.

        5.     Venue is proper in this judicial circuit pursuant to MCLA 5 600.1621


                                 COMMON ALLEGATIONS

        6.     Ano-Tech is a small business with approximately 6 to 8 employees.

        7.     Ano-Tech has been in the business of aluminum anodizing for almost 40 years.

        8.     Some time in 1998, Ano-Tech entered into a 3-year contract with Mich Con for

gas service to its building.

        9.     On or about April 16, 1999, Ano-Tech's President, Gene Stevens noticed erratic

gas meter readings and notified Mich Con that he felt the meter was defective.

        10.    Unable to obtain relief from Mich Con over these issues, which eventually lead to

billing disputes, Ano-Tech filed suit in Wayne County in 2000.

        11.    Mich Con claimed that Ano-Tech owed it more than $72,000.00 in unpaid gas

bills since 1998. Ano-Tech disputed, and continues to dispute the validity of this amount.

        12.    Some time in June or July 2005, Mich Con shut-off gas service to Ano-Tech.

        13.    Upon information and belief, Mich Con merged with DTE some time in 2004-

2005.
           14.     Upon information and belief, Mich Con transferred the balance on the disputed

gas bills to DTE some time in 2004-2005.

           15.     Ano-Tech did not consent to the transfer of the balance and did not give its

permission for the balance to be transferred.

           16.     Some time in November 2005, DTE began attempting to collect on the Mich Con

debt.'

           17.     Ano-Tech does not receive gas service from DTE.

           18.     Ano-Tech only receives electric services from DTE.

           19.     Ano-Tech has substantially kept his account with DTE current.

          20.      Ano-Tech has never received a shut-off notice from DTE for non-payment of his

electric bill.

          21.      On or about February 1, 2006, Ano-Tech received an invoice from DTE which

included the disputed amounts on the old Mich Con gas

          22.      DTE, without the consent or knowledge of Ano-Tech, wrongly transferred the

balance of the disputed gas account to his electric service account.

          23.      Ano-Tech attempted to have the disputed amounts fiom the old gas bill removed

fkom his bill for electric services, but DTE has refused to remove the amounts fiom his electric

service account.

                                                COUNT I

                 TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIP

          24.      Plaintiff repeats and realleges paragraphs 1 through 23 as though each allegation

was stated verbatim.


1
    Exhibit A: Letter kom Commercial Recovery Group of November 1,2005.
    Exhibit B: DTE Energy Invoice.
                                                     3
        25.     Ano-Tech has business relationships andlor business expectancies with its clients

and customers as well as with its prospective clients and customers.

        26.    Ano-Tech has a contractual relationship with DTE through which DTE is aware

of Ano-Tech's business relationships with customers and business expectancies with customers

and potential customers.

        27.    DTE failed to follow the proper administrative procedures outlined in R460.2 161-

R460.2163 regarding shutoff notice to Ano-Tech.

        28.    DTE wrongfully transferred a Mich Con gas account balance onto an electric

service account, in violation of the Michigan Public Service Commission Consumer Billing

Standards, R. 460.21 62.

        29.    These violations constitute intentional per se wrongful acts by DTE.

       30.     DTE's per se wronghl acts constitute intentional and improper interference with

Ano-Tech's business relationships and/or expectancies with its customers.

       3 1.    If DTE is allowed to discontinue service to Ano-Tech, Ano-Tech will completely

lose all of its customers and be forced out of business.

       32.     As a direct and proximate result of DTE's wrongfd acts, Ano-Tech has suffered

damages.

       WHEREFORE, Plaintiff, Ano-Tech, Inc., requests that this Honorable Court enter

Judgment in favor of Plaintiff, Ano-Tech, Inc., and against Defendant, DTE Energy Company,

permanently enjoining Defendant from discontinuing gas service to Plaintiff, award Plaintiff its

costs and attorney fees, and grant any other relief this Court deems just and reasonable,
                                                  COUNT I1

                       INJUNCTIVE RELIEF TO PRESERVE STATUS QUO

           33.     Ano-Tech repeats and realleges paragraphs 1 through 32 above as though each

allegation was restated verbatim.

           34.     Ano-Tech is a small business, with approximately 8 employees.

           35.     DTE sent a shut-off notice to Ano-Tech indicating that shut-off is imminent.3

           36.     Ano-tech received a recorded message on August 15,2006 from DTE, stating that

it was going to shut-off electric service. While no date was given for the date, it is clear that shut-

off is immediate.

           37.     Wrongful shut-off of Ano-Tech's electricity will cause irreparable harm to

Ano-Tech, as it will be forced out of business. This will result in the loss of jobs to its

employees, as well as the loss of a small business to the State of Michigan.

          38.      Unless the ex-parte temporary restraining order attached as Exhibit D is entered,

Ano-Tech will suffer irreparable loss and damage.

          39.      Ano-Tech has no other adequate remedy at law.

          40.      DTE will not be harmed if injunctive relief is awarded during the pendency of this

action.

          WHEREFORE, Plaintiff, Ano-Tech, Inc., prays that this Honorable Court will enter the

Temporary Restraining Order and Show Cause Order as Exhibit D, and hold a hearing on

whether a preliminary injunction should enter.




-

    Exhibit C: DTE Energy Invoice of August 10,2006.
                                           COUNT 111

                                         NEGLIGENCE

       41.     Ano-Tech repeats and realleges paragraphs 1 through 40 above as though each

allegation was restated verbatim.

       42.     During all relevant periods, DTE had a duty to Ano-Tech to operate in accordance

with the rules and regulations promulgated by the Michigan Public Service Commission.

       43.     DTE breached its duty to Ano-Tech when it violated Sections R R460.2162,

R.460.2 164, R. 460.2 170 by the following acts or omissions:

              (a)     Failing to state a clear and concise reason for the proposed shutoff of
                      service;

              (b)     Failing to state a date on or after which the utility may shut off service;

              (c)     Failing to inform Plaintiff that it has the right to enter into a settlement
                      agreement with the utility for an amount not in dispute and if the customer
                      is presently unable to pay in full;

              (d)     Failing to inform Plaintiff of other various rights under R.460.2164,
                      including, but not limited to: the right to file a complaint, the right to self-
                      representation or representation by an attorney, and other rights;

              (e)     Failing to offer Plaintiff the opportunity to enter into a settlement
                      agreement;

              (f)     Threatening to shut off electric service for non-payment on a gas account;
                      and

              (g)     Transferring an account balance from gas service onto an electric service
                      account without the consent or knowledge of Plaintiff.

       44.    As a direct and proximate result of DTE's breach of duty, Ano-Tech has incurred

substantial damages, including, but not limited to, damage to its credit, goodwill and business

reputation.
        WHEREFORE, Plaintiff, Ano-Tech, Inc., respectfully requests that this Honorable Court

grant it a judgment in its favor and against Defendant, DTE Energy Company, in an amount this

court in excess of $25,000.00, plus costs and attorneys fees and grant whatever other relief this

Court deems just.


                                              COUNT IV

             DEFENDANTS MICH CON AND DTE VIOLATION OF THE
         PAIR DEBT COLLECTION PRACTICES ACT 15 USCA 1692 ET. SEO.

        45.     Ano-Tech repeats and realleges paragraphs 1 through 44 above as though each

allegation was restated verbatim.

        46.     Ano-Tech is a consumer as defined by the Fair Debt Collection Practices Act

("The Act").

       47.      Defendants Mich Con and DTE are debt collectors as defined by the Act.

       48.      Mich Con violated 15 USC 1692(6) ad 1692c when it transferred its debt to DTE

to attempt collection under DTE's name.

       49.     Upon receipt of the improper invoice from DTE, Ano-Tech retained counsel to

resolve the issue.

       50.      Counsel filed an informal complaint with DTE regarding the improper transfer of

Mich Con's balance to the DTE a c c o ~ n t . ~

       51.     DTE did not respond to counsel's complaint. It did, however, send a letter directly

to Ano-Tech, in violation of 15 USCA 1 6 9 2 ~ . ~




 See Exhibit E: Letter of March 10,2006.
 See Exhibit F: Letter f o DTE Energy of March 22, 2006.
                        rm
         52.     Ano-tech then specifically requested that all correspondence regarding this matter

be communicated through its c o ~ n s e l . ~

         53.     As of the date of filing this complaint, DTE has not responded to the informal

complaint, or to counsel's letter requesting that DTE stop communicating with Ano-Tech

directly.

         54.     Despite this notification, DTE continued to contact Ano-Tech directly, in

violation of 15 USCA 1692c(a)(2).

         55.     Ano-Tech is entitled to its costs and attorney fees for this violation, pursuant to

1692k.

         WHEREFORE, Plaintiff, Ano-Tech, Inc. requests that this Honorable Court enter a

judgment in its favor and against Defendants, Michigan Consolidated Gas Company and DTE

Energy Company, and award Plaintiff its costs and attorney fees for Defendants' violation of the

Act, and award Plaintiff any other relief this court deems just and reasonable.




 See Exhibit G: Letter of April 13,2006.
       I DECLARE THAT THE STATEMENTS ABOVE ARE TRUE TO THE BEST OF

O W KNO WLEDGEAND BELIEF.

                                     Plaintiff:

                                     ANO-TECH, INC.



                                     By:


Subscribed and sworn before me
this 15" day of August, 2006.



                   ,
L ~ D Z A ~Notary Public
        A
Wayne County, Michigan
My Commission Expires: 417112
Acting in Oakland County, Michigan

                                     SCHWARTZ LAW FIRM



                                     By:       f-
                                           Carmen Moyer (P62698)
                                           Attorney for Plaintiff
                                           37887 West Twelve Mile Road, Suite A
                                           Farmington Hills, Michigan 4833 1
Dated: August 15,2006                      (248) 553-9400


                                     MEL R. PARTOVICH & ASSOCIATES



                                       %Fp,/UJ/cx//
                                     By:
                                           Me1 Partovich (P23103)
                                           Co-Counsel for. plaintiff
                                           37887 West Twelve Mile Road, Suite B
                                           Farmington Hills, Michigan 4833 1
Dated: August 15,2006                      (248) 865-2000
02/09/2086   20: 08   31 393352f                       ANOTECH          I          --


 I




                                                       very Group, Inc.
                            012 S t a t e College Road, ste. 203
                                         Dover, DE 19904
                            on@x 3 0 2 - 7 3 0 - 4 0 4 0 Pax: 302-730-4272




                                         ne final. artempf to resolve the
                                         g chis matter to outside counsel for


                                           may result in legal acrion against
                                           submitted to the IRS for any money


                                                                      f1
                                                                      u.
                                           u overnight payment in h Ito
                                             the street address at the top of


                                              atter, please call. the




                                                                                               I
                                                                                               '

                                                 drsputed wrthrn 30 days from receipr of
                            e this debt to be valid. u y o u dispure this debt or any ponion
                            time period we wiNfurnish at your wntten requerr, a
                                                      of the orlgrnal crediror. 7his is an
                                                      d wzll be used for zhar purpose.
    SHUTOFF NOTICE
.         Addaass chanyes or {;ommeats wiif ovniy                            Please indicate amount paying $




          **..-r*.+'*,*.AUTO..5.mT   48227
          AND TECH INC D I P
          14200 MEYERS RD
          DETROIT MI 48227-3322                                                 Mall Paymenls To:

                                                                                DTE Energy
                                                                                P.O. Box 2859
                                                                                Detroit MI 48260-0001

                                                                                For address corrsclions, please visll rny.dteenergy.com
                                                                                on the Web or call 1.800.477.4747,
                                                                                Relurn upper p o l o n wlh your payment       245518740
............................................................
 ............................................................  --------.------
                             Keep lower polon lor your records




     SHUTOFF NOTICE

A n o Tech Inc D I P
14200 Meyers Rd
Detroit, MI 48227




Contact Information
    Gas Leak or Gas Emergency          ?.800.047.5000
    Electric Outage or Emergency       1.800.477.4747
    Customer Service                   1.800.477.4747
    Hearing-Impaired TDD line          1.800.888.6886 (Mon+Fri
                                                             8am-5pm)
    Web Site                           my.dteenergy.com




            ~~
A G c O L J Balance as of Jan 17,2006                           6,596.60
  Transfered Balance From 14200 Mevers ~ dDetroit 28'558.54
                                            .                  -

  Michcon Gas Cho~ce  lndustrd    '
  Transfered Balance From 14200 Meyers Rd, Detro~t 44,305.62
  Mlchcon Gas Industrial
payment ~ G i v e Jan 27,2006 Thank You1
                   d                               - 1,000.00
      Balance Prior to Current Charges         .               78,460.76
    Your account remains subject t o shut off. $75 736 33 is due
    now. To pay by check or credit card, call us at'1.800.477.4747.
      Current Charges
        Detroit Edison Business Electric Service                   730.84
      Total Current Charges                                        730.84

4ccount Balance as o f February 8,2006                        $79,191.60

f paid after    March 03,2006, a 2% late payment charge wlll be added to your next bill.




     service is shut off, uu must pay tne past-d!~e amount, a reconnect charge and aeposit; plus payment for any
    ther delinauencles [hat vau owe before servlce 1 restored If DTE Enerav IS vour prov~dor pas and electr~c.
                                                     s                                         for
    TF? oast-dub amount reahired aoolies to both services To assist vou. we-will iefer vour name t6 the LIHEAP
                                                                                                        -.     .
                                                                                                               .          -

    iiie'ct-ro -~(amwh~'chprovides: assistance. ~fyou~do
                                   wi                      not#ant i o u i name,referrea, please contact us at
    66.2&.2%86 or e-mad us at I!heapdirect@dteenergy.com. If you have prev~ouslv       responded, please d~srepard.
                                                                                                                  DTE
     nergy is currently combining youi gas an3 electricservice intb one account and on one bill.
    eginning with this bill, the MPSC authorized changes to Detroit Edison metered rates. Power Supply and Delivery
    !lated charges now show separately in the Detail Charges section. Customers served on the Business Electric and
    usiness Electric-Denland Pricing rates receive a 5 to 8 percent decrease in rate levels. There are minimal
    ipacts t o seasonal, time-of-day and water heating rates.




                                                                                                s s DTE Energy
                                                                                                 _~."____-__~.-----,-"---',               ---
     To avoid shut off, pay the past due amount by the date indicated on the front of the bill using one
     of the following methods:

       .   Automated pay agents, located throughout Michigan, accept cash, checks and money orders.
           To assure your payment is posted to your account prior to the day it is available for disconnection,
           payments must be made a minimum of 5 business days prior to the date indicated in the Surnmary
                                                                                                                                    --~-       - -                            .~   ---   -           -
           of Charges section on thefront of this bill. If no date is indicated, your service is subject to immediate                           .            - ----       -                  ~   ~

                                                                                                                                                                      ~


                                                                                                                                           ~         ~   -


           shut off and youshould contact DTE~Energy       immediately. To find the nearest agent, contact
           DTE Energy at 1.800.477.4747 or visit our Web Site at my.dteenergy.com.
       .   Pay by credit card or personal check (for a fee) by calling 1.800.294.2634.
       .   Checks and money orders are accepted by mail, addressed to DTE Energy, Box 2859, Detroit, MI
           48260. if paying by mail, payment must be received before the shut-off date.




Detail Charges

F o r S e r v i c e at 14200 Meyers Rd, Detroit, MI

Detroit Edison Business Electric Service
    Current Charaes -                                                         I Current Biliina information
                                                                                     ~ewlc'~ert4 Dec 6,2005 - Jan 9,2013j
     Power Supply Charges
      Energy Charge                   12320 KWH @                             Days
                                                         O 0 8 6 0 a ' ~ ~ ~ ,MeterBllled
                                                                               ~ ~ Number            34
                                                                                                     8355316         06
      Electr~cSurcharges '                                                                                       -
                                                                                    Meter Readlng 3653 Actual 3730 Aclual
     Del~vervCharges                                                                Difference      77
      service ~ h a i g e                                                           Muklplier       160
      Detroit Utility Tax                                                           KWH Used        12320
                                                                                    Your next scheduled meter read date is on
    Total Detroit Edison Current Charges                                            or around MAR 09,2006
                                                                                  Usage History -Average per day
                                                                                                    Current     Last       Year
                                                                                                    Month     Month         Ago
                                                                                     KWH Usage       362.4     645.0       656.3
                                                                                     Change                     -4336       -44%
-
Detroit Edison Business Electric Service
    Current Charges                                                           I   Current Billing Information
     Power Supply Charges                                                                                        -
                                                                                    Sewice Period Jan 9,2006 Feb 7,2006
      Power Supply Energy      19680          KWH @ 0.04935:::;
                                                          : 9                       Days Billed     29
      Power Supply Surcharges*                                                      Meter Number     83553,6       05
     Delivery Charges
                                                                                    Meter Reading                -
                                                                                                     3730 Actual 3853 Actual
                                                                                     Difference      123
      Service Charge                                          8.78                  Multiplier       160
      Distribution             19680          KWH @ 0.03993 785.82                  KWH Used         19680
      Delivery Surcharges"                                  132.18                  Your next scheduled meter read date is on
      Detroit Utiilty Tax                                    96.16                  o around MAR 09,2006
                                                                                    r

    Total Detroit Edison Current Charges                          2,019.30        Usage History -Average per day
                                                                                                    Current     Last       Year
      Credit for prior Cancelled Charges from Dec                - 2'638'39                         Month      Month        A ~ O
                -
      6, 2005 Jan 9.2006                                                             KWH Usage
                                                                                    Change
                                                                                                     678.6     362.4
                                                                                                                 8%
                                                                                                                           616.6
                                                                                                                            -1%
    Total Detroit Edison Business Electric
    Service Charges                                                 730.84    1
Tower Supply surcharges include costs associated with the Power Supply Cost Recovery (PSCR) and Regulatory
4sset Recovery Surcharge.
"Delivery Surcharges include Nuclear Decommissioning, Renewable Energy Surcharge, Choice Implementation
Surcharge and Securitization Bond and Bond Tax charges.




                                                    Page 2 013
                                                                       .
                                                                      -.                            -
                                                                                                    .                  ___                           --
EXHIBIT C
                    164LlLlBOOnl2              8q101'7             6                                   -
                                                                                                       5                         DTE Energ              /'

Pavment Coupon                                                                                           47'P'-
 'SHUTOFF NOTICE
     Address changes or comments wit! on%y
     he accepted at my.dteanergy.ccam or
               800.477.4747
     .---..-*.   AUTOL3-DIGIT 482
     AN0 TECH INC D IP
     14200 MEYERS RD
     DETROIT MI 48227-3922                                                              Mail Payments To:
                                                                                        DTE Energy
                                                                                        P.O. Box 2859
                                                                                        Detroit MI 48260-0001

                                                                                        For address correclions, please visit my.dteenergy<corn
                                                                                        on the Web or call 800.477.4747.

                                                                                      .Relu,n upper porlionwith your payment            263806045
                                                                           ___--.--.-.___I.___
                                                                             .   ..   .a*-
                                                                                            --..-
                                                                                           -- --.
                                                                                          --..--.
                                                                                          -.--..a                                              --...-
                                                                                                                  i
                                                                                             IS"^; p"i,~ci, ifit p : G C G ~ S




Account information

   SHUTOFF NOTICE

A n o T e c h lnc D iP
14200 Meyers Rd                                                                  Account Number                    -             1641 108 00012
Detroit, MI 48227




Contact Information
 Gas Leak or Gas Emergency          800.947.5000
 Electric Outage or Emergency       800.477.4747
 Customer Service                   800.477.4747
 Hearing-Impaired TDD line          800.888.6886 (Mon-Frt Bani-5prn)
 Web Site                           my.dteenergy.com




Account Balance as o f Jul17,2006                             84,985.71               Average temperatures for this billing
                                                                                       eriod were 10 degrees warmer than last
Payment Received Jul27,2006 Thank Youl                        - 1,200.00              g.
                                                                                       ~ .l ~ n g
                                                                                         l period. A s a result your appliances
   Balance Prior to Current Charges                           83,785.71               may b e working harder to make you feel
                                                                                      more comfortable.
 Your account remains subject to shut off. $79 665.21 is due
 now. T o pay b y check o r credit card, call us a f 800.477.4747.
   Current Charges                       1
                                    S
     Detroit Edlson Business Electr~c e ~ l c e                    375.41
   Total Current Charges                                           31 5.41

Account Balance as of August 10,2006                        $84,101.12           1
If paid after September OI,,2006, a 2% late payment charge will be added to your next bill.




If service is shutoff OLI must pay the past-due amount a reconnect charge and deposit' plus paymentfor any
other delinquenciei !hat youowe beiore service is,restdred. If PTE Energy js your providkr fo! gas and electric,
the past-due amount required ap lles to both services. To asstst you we will refer your name to the Ener y
Direct ro ram which provides bliassistance. If you do not want yoG name referred please contact us a?
866.2&.&86 or e-mail "sat energydirect~dteer!ergy.~om;If you havepreviously rgkponded, please disregard, DTE
Energy is currently comb~nlng  your gas an electric servlce Into one account and on one bill.




                                                                                                        G s                      DTE E n e r g y
                                                     Page 1 01 3
                                             SHUT-OFF NOTICE

    in order to protect our customers and employees, DTE Energy field personnel cannot accept
    payment when at the customer's premlse to disconnect electr~cand/or gas servlces (s).

    To avold shut off, pay the past due amount by the date lndlcated on the front of the bill using one
    of the following methods       ,


     .   Automated pay agents, located throughout M~ch~gan,        accept cash, checks and money orders
         To assure your payment IS posted to your account prlor to the day ft IS available for dlsconnechon,
         payments must be made a rninlmurn of 5 buslness days prlor to the date Indicated in the Summa!y
         of Charaes sectton on the front of thls bill If no date IS ~nd~cated, servlce IS sub~ect ~rnrnedrate
                                                                             your                   to
                                                                       To
         shut off-and you shoulo contact DTE Energy ~mmed~ately. find the nearest ageni, contact
                                                               at
         DTE Energy at 800.477.4747 or Qisitour Web S ~ t e my.dteenergy.com.
     .   Pay by credlt card or personal check (for a fee) by calling 800 477 4747
      . Checks and money orderspayment must be recelved before the DTE Energy, Box 2859, Detro~t,MI
        48260. If paylng by mall,
                                  are accepted by mail, addressed to
                                                                     shut-off date




Detail Charges                     "




F o r Service a t 14200 M e y e r s Rd, Detroit, MI

Detroit Edison Business Electric Service
  Current Charges                                                             Current Billing lnformation
   Power Supply Charges :                                                       Servlce Period May 9,2006 - Ju110,2006
    Power Supply Energy            22400 KWH @ 0 049351,105 44                  Days Billed     62       ,

    Power Supply Surcharges'                           188 25                   Meter Number 8355316             05
                                                                                Meter Reading 4185 Actual - 4325 Actual
   Dellvery Charges :                                                           Difference      140
    Servlce Charge                                             17 56            Multiolier      160
    Dlstrlbutlon                   22400 KWH@         0 03993 89443             KWH Used        22400
    Dellvery Surcharges**                                     152 95            Your next scheduled meter read date is on
    Detro~tUtrllty Tax                                        117 93            sr around SEP 07,2006

  Total Detroit Edison Current Charges                        2,476.56        Usage History -Average per day
                                                                                               Current      Last    Year
                                                                                                Month     Month      Ago
                                                                                 KWH Usaae       361.3     660.0    502.1
                                                                          I     Change    -                 -4       - 2Fh

Detroit Edison Business Electric Service
  Current Charges                                                             Current Billing lnformation
   Power Supply Charges :                                                       Service Per~od Jul 10, 2006 -Aug 9, 2006
    Power Supply Energy      17600 KWH @                                        Days Billed     30
                                                                                Meter Number 8355316             05
    Power Supply Surcharges* '                                                                             -
                                                                                Meter Readlng 4325 Actual 4435 Acluai
   Deliverv Charaes :                                                           Ddference       110
                                                                                Multlpller      160
                                                                                KWH Used        17600
      Delivery Surcharges*                                                      Your next scheduled meter read date IS on
      Detrolt Utility Tax                                                       or around SEP 07,2006

   Total Detroit Edison CurrentCharges                        1,949.35                        -     per
                                                                              Usage History ~verage day
                                                                                              Current    Last       Year
      Credit for prior Cancelled Charges from May            - 4,110.50
                                                                                               Month    Month        Ago
                                                                                KWH Usage       586.7   361.3       497.1
      9,2006 - Jul10,2006          .                                            Change                    6296        16%
   Total Detroit Edison Business Electric
   Service Charges

'Power Supply surcharges Include costs assoc~ated  the
                                                w~th Power Supply Cost Recovery (PSCR) and Regulatory
Asset Recovery Surcharge
"Dellvery surcharges Include Nuclear Decommlss~on~ng,                                   lmplementatlon
                                                       Renewable Energy Surcharge, Cho~ce
Surcharge, Rate Reduction Credlt and Secuiftlzatlon Bond and Bond Tax charges.
EXHIBIT D
                                      STATE OF MICHIGAN

                    IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE


ANO-TECH, INC.,

       Plaintiff,

                                                             Case No. 06-

DTE ENERGY COMPANY and
MICHIGAN CONSOLIDATED
GAS COMPANY,

       Defendants.


SCHWARTZ LAW FIRM, P.C.                               MEL R. PARTOVICH & ASSOCIATES
By: Carmen Moyer 062698)                              By: Me1 Partovich (P23 103)
Attorney for Plaintiff                                Co-Counsel for Plaintiff
37887 West Twelve Mile Road, Suite A                  37887 West Twelve Mile Road, Suite B
Farmington Hills, Michigan 4833 1                     Farmington Hills, Michigan 4833 1
(248) 553-9400                                        (248) 865-2000



          TEMPORARY RESTRAINING ORDER AND ORDER TO
   SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED

                       At a session of said Court held in the City of Detroit
                       Huron, County of Wayne, State of Michigan,

                       ON:

                       PRESENT: HON
                                         CIRCUIT COURT JUDGE


       This matter having come before the Court upon the Verified Complaint filed on behalf of

Plaintiff, Ano-Tech, Inc., requesting entry of a temporary restraining order and the scheduling of

a Show Cause Hearing on why a Preliminary Injunction Should Not be Issued, and the Court

having been otherwise fully informed and advised on the premises; and the Court being of the
opinion that a Temporary Restraining Order and Order to Show Cause should be issued at this

time:

        NOW THEREFORE, IT IS HEREBY ORDERED that the Defendant, DTE Energy

Company, as well as its agents, officers andlor employees, are hereby restrained and

prohibited from disconnecting or discontinuing Plaintiff's electric supply or service until

further order of this Court.

        IT IS FURTHER ORDERED that Defendant, DTE Energy Company, appear before this

Honorable Court on                  ,                          , 2006, at          a.m./p.m.,

and show cause, if any there be, why the judge should not enter a Preliminary Injunction.

        IT IS FURTHER ORDERED that a copy of this Order and Plaintiff's pleadings shall be

served on Defendants on or before                                   ,2006.




                                           CIRCUIT COURT JUDGE



PREPARED BY:

SCHWARTZ LAW FIRM, P.C.
By: Carmen Moyer (P62698)
Attorney for Plaintiff
37887 West Twelve Mile Road, Suite A
Farmington Hills, Michigan 4833 1
(248) 553-9400
EXHIBIT E
                                              SCHWARTZ LAW FIRM
                                                      A PROPeSSIONALCORPORATION

                                                             SUITE A
SUSAN LEIGH BROWN                                37887 W. TWELVE MILE ROAD
MARY MAHONEY                                  FARMINGTON HILLS, MICHIGAN 48331                            OF COUNSEL
CARMEN MOYER
BURTON H. SCHWARTZ                                  TELEPHONE: (248) 553-9400                     SANDRA J. BOMMARITO CHAPP
JAY A. SCKWARTZ                                     FACSIMILE: (248) 553-9107                       THOMAS J. BORKOWSKI, IR.
JONATHAN D. SWEIK                               EMAIL - jschwartz@schwartzla~mpc.com

                                                      March 10,2006



           Mr. Paul Stovall
           DTE Energy                                                             VIA FACSIMILE
           (248) 223-2388
           (248) 223-2896

                     Re:    Ano-Tech, Inc.
                            Account Number 1641 108 0003 8

           Dear Mr. Stovall:

                     This law firm represents Ano-Tech, Inc.

                  Please allow this letter to serve as an official complaint disputing the overdue amount
          indicated on my client's most recent bill. We request an immediate stay of the shut-off notice
          while this dispute is pending.

                   Specifically, my client is being billed by DTE for gas services that were provided by
          MichCon. MichCon's services, and the amount charged to my client, have been in dispute for
          quite some time. Apparently these disputed charges were recently transferred to DTE. This was
          improper and we are requesting that these amounts be immediately removed from my client's
          electric bill.

                  My client has always paid his electric bills on time and will continue to do so. It is
          therefore unfathomable to me how DTE can justify the discontinuation of electric services for
          which my client has timely paid. Furthermore, my client currently does not have gas service
          through DTE or MichCon. If you do not issue an immediate stay of this notice, we will seek
          injunctive relief in a court of competent jurisdiction and will seek attorney fees for having to do
          so. Should DTE actually shut-off electric services, it will disrupt my client's business and we
          will seek compensation for any and all damages suffered as a result of the shut-off.

                  In light of the foregoing, I am requesting that the disputed amount be removed from my
          client's DTE bill and that the shut-off notice be immediately rescinded.
Mr. Paul Stovall
DTE Energy
March 10,2006
Page 2



        I look forward to hearing fiom you soon. If we do not receive confirmation fiom
someone at DTE within the next (2) two business days that you have issued a stay of the shut-off
notice, we will seek immediate judicial relief.

                                           Very truly yours,

                                            SCHWARTZ LAW FIRM



                                           Bv:
                                             -
                                             .
                                             I
                                                   COPY
                                                 JAY A. SCHWARTZ


cc:    Ano-Tech, Inc.

       Michigan Public Service Commission
       Customer Intake Center
       P.O. Box 30221
       Lansing, Michigan 48909

       DTE Customer Service Center
       2680 1Northwestern Highway
       Southfield, Michigan 48034
EXHIBIT F
                                                  ....    .      .




                                                                     f
                                                                     I
Ano Tel                                                              1
14200 n
                                                                     i
DETRC                                                                I
                                                                     1
                                                                     k
                                                                     i
RE:164                                                               I
                                                                     ?

                            .   ---v..--..      .......   ..--          -
                                                                      &,-
                                                                     . --



Dear AT

Thank y     bntacting DTE Energy. Your billing inqui+ for services at:

        1
        I

was rece                 on 3/21/2006.Please keep thb letter as
verificat    ur inquiry being received.             ;

                                                    I
If you nt              ce, please call 1.800.477.4747. h e n you call our
toll-free               K service line, your call will, be (8;irectedto a
                                                           ?
custorne                  ve to assist you.


we wan         w that we value your business and app&ciate the,
                   *
               ir-.i k-r,.-crG3e-r- ,-.. - ........... ......-- I ---., , ..... -.
                                                                 .       --.-
                                                                          -



Sincerel:

Custome
DTE Enc




                                                                     i
EXHIBIT G
                                                  SCHWARTZ LAW FIRM
                                                            A PROFESSIONAL CORPORATlON


                                                               SUITE A
                                                     37887 W. TWELVE MILE ROAD
SUSAN LEIGH BROWN                                 FARMDIGTON HILLS, MICHIGAN 4833 1                                OF COUNSEL
MARY A. MAHONEY
   -

CARMEN MOYER                                           TELEPHONE: (248) 553-9400                           SANDRA J. BOlvlMARITO CHAR
BURTON H SCHWARTZ                                      FACSIMILE: (248) 553-9107                             THOMAS J. BORKOWSKI, JR.
JAY A. SCWARTZ                                '    EMAIL - j s c h w ~ c h w a r t z l a ~ p ~ ~ c o r n



                                                            April 13,2006



          CustomerCare
          DTE Energy
          2000 2ndAvenue
          Detroit, Michigan 48226-1279


          To Whom It May Concern:

                 I am in receipt of your March 22,2006 letter directed to Ano-Tech, Inc. regarding receipt
         of the formal complaint and request for a stay of shut-off notice. As I indicated to you in my
         March 10, 2006 letter, this fm represents Ano-Tech, Inc. In light of this representation, you
         should not be sending correspondence directly to the client. Please direct all future
         correspondence regarding this account to this law fm.

                    Thank you for your kind attention to this matter.

                                                                 very truly yours,

                                                                SCHWMTZ' LAW FIRM



                                                                By:      L%     4. s412,4              -
                                                                       JAFA. &HWARTZ a '
         JASIwlj

         cc:        Ano-Tech, Inc.
                                            STATE OF MICHIGAN

    -   --   -            IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE
                           -   -               -     -                                                       --            -   -   -   -




ANO-TECH, INC.,

             Plaintiff,
                                                                     vs            1111 ~11111111111 I! II 1111 Illll II
                                                                             r\lY
                                                         UTE:'ENERGY C01\AFLP~,
v
                                                                      Hon. Michael F. Sapala
DTE ENERGY COMPANY,

             Defendants.


SCHWARTZ LAW FIRM, P.C.                                   MEL R. PARTOVICH & ASSOCIATES
By: Carmen Moyer (P62698)                                 By: Me1 Partovich (P23 103)
Attorney for Plaintiff                                    Co-Counsel for Plaintiff
37887 West Twelve Mile Road, Suite A                      37887 West Twelve Mile Road, Suite B
Farmington Hills, Michigan 4833 1                         Fannington Hills, Michigan 4833 1
(248) 553-9400                                            (248) 865-2000

CRAIG S. ROMANZI & ASSOCIATES
By: Craig S. Romanzi (P45549)
Attorney for Defendant
2850 Dixie Highway
Waterford, Michigan 48328-1713
(248) 674-4404



                   ORDER EXTENDING TEMPORARY RESTRAINING ORDER

                               At a session of said Court held in the Ct of iy
                               Detroit, County of Wayne, State of Michigan,

                                                  MQV 1 7 2006
                               ON:
                               -


                               PRESENT: HON;
                                                   1+3;:,*f!Vfi*!
                                                            .,
                                                          blleB     ,-.
                                                                    PY!   y
                                                                          i.
                                                                               r
                                                                               *. ..
                                                                                   *-,
                                                                                         I   -.
                                                                                             @
                                                                                                  :   1
                                                                                                      \

                                               CIRCUIT COURT JUDGE
        This matter having come before this Honorable Court on November 3, 2006, for

 Plaintiffs Motion for Preliminary Injunction and Orderto Show Cause, and after having heard _         -   p   p




 oral argument of the parties, and this court being otherwise fully advised in the premises;

        IT IS HEREBY ORDERED that the Temporary Restraining Order entered by Judge

 Drain on August 16, 2006 will be extended until March 30, 2007, at which time this Court will

make a formal ruling on Plaintiffs Motion for a Preliminary Injunction and Defendant's Motion

to Rescind the Temporary Restraining Order.

       IT IS FURTHER ORDERED that this extension is contingent upon the meeting of

certain conditions by the Plaintiff, namely:

               1.     Plaintiff shall pay to DTE the amount of $3,000.00 on or before
                      November 22, 2006 at noon to reduce the amount of the arrearage
                      currently showing on Plaintiffs electric bill for electric service, said
                      amount asserted by Defendant to be $6,652.00.

               2.     The balance of $3,652.00 shall be paid at a rate of $800 per month until
                      the arrearage is paid off; and

               3.     Plaintiff shall continue to pay its monthly electric bill in a timely manner
                      for current monthly charges.

       IT IS FURTHER ORDERED that, should Plaintiff fail to make any payment required by

this Order within the time or in the manner required by this Order, Defendant shall serve a

Written Notice of Non-Payment via facsimile to Plaintiffs Counsel, notifying them of the

Default. Plaintiff shall have 48 hours from the time that the Written Notice of Nonpayment is

faxed, by tendering the overdue payment to Defendant. Failure to cure the defect shall result in

the automatic dissolution of the Temporary Restraining Order;

       IT IS FURTHER ORDERED that the issue of the underlying dispute with MichCon

(Case No. 00-030268-CZ) and the allegations pled in Plaintiffs current complaint against

Defendant shall be referred to the Michigan Public Service Commission ("MPSC").            Plaintiff
shall initiate an action with the MPSC within 60 days of the date of entry of this order. Failure to

do so will result in the automatic dissolution of the Te-mporary Restrainin
                                                                         -




           IT IS FURTHER ORDERED that Plaintiff may raise any issues regarding its current

electric service, including concerns about overcharges, the validity of the current arrearage

showing of $6,652.00, and any other issues in its complaint to the MPSC;

       IT IS FURTHER ORDERED that upon Plaintiffs failure to make timely payments,

Defendant is not required to follow the notice procedures promulgated by the administrative

code for shut-off notice, said requirements having already been followed prior to the filing of this

lawsuit.




                                                    CIRCUIT COURT JUDGE
                                               SCHWARTZ LAW FIRM
                                                        A PROPeSSlONAL CORPORATION


SUSAN LEIGH BROWN                                            SUITE A
ERIK A GRANEY                                      37887 W. TWELVEMILE ROAD
MARY MAHONEY                                    FARMINGTON HILLS, MICHIGAN 48331                       OF COUNSEL
CARMEN MOYER
BURTON H. SCHWARTZ                                    TELEPHONE: (248) 553-9400                SANDRA J. BOMMARITO CHAPP
JAY A. SCHWARTZ                                       FACSIMILE: (248) 553-9107                  THOMAS J. BORKOWSKI, IR.
JONATHAN D. SWEIK                                EMAIL - cmoyer@schwartzlawfirmpc.com
ERIC J. WEJROCH



                                                     November 22,2006



           Craig S. Romanzi, Esq.
           Craig S. Romanzi & Associates
           2850 Dixie Highway
           Waterford, Michigan 48328

                     Re:    Ano-Tech, Inc. v DTE Energy Company
                            Case No. 06-623371-CZ

           Dear Mr. Komanzi:

                   Thank you for taking time to speak with me over the telephone today to discuss my
           client's concerns with DTE's billing. It is my understanding that you will initiate contact with
           your billing department by November 29th to request them to review Ano-Tech's account to
           ascertain what the true arrearage on the electric bill was as of February 2006. It is also my
           understanding that you are willing to meet with me and my client in an attempt to resolve
           whatever issue Ano-Tech may currently be experiencing with generating billable electric current
           during times when there is no machinery operating at the plant. Let's plan to meet some time
           after we receive the account review from your billing department.

                     Thank you for your kind attention to this matter.

                                                             Very truly yours,

                                                             SCHWARTZ LAW FIRM



                                                             By:
                                                                    CARMEN MOYER
           CWwlj

          cc:        Ano-Tech, Inc.

								
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