Ann Arbor voters can still expect to vote on whether or not to cut ties with DTE Energy through the municipalization process or to stick with the for-profit electric utility this November. The Ann Arbor Responsible Energy Coalition failed before the Michigan Court of Appeals in its effort to appeal on September 3 and the vote on whether to create a new publicly owned and operated (O&O) electricity company for A2 will be decided by voters this November.
“While we disagree with the ruling, we respect the court’s decision,” A2REC spokesman Rudy Harper told Current, Friday. He cited figures from a DTE Energy-funded study predicting a billion in debt and expenses to Ann Arbor taxpayers if it passes, adding, “between now and Election Day, we will make that case to every voter in Ann Arbor, and we are confident that when voters see the full price tag, they will reject it.”
The AAREC sued the City of Ann Arbor, claiming that City Clerk Jacqueline Beaudry did not follow the proper procedure for the signature collection process necessary to get the Ann Arbor for Public Power ballot question on November’s ballot.
RELATED: AAREC Loses First Round of Lawsuit Attempting to Stop A2P2 Ballot Question
Their complaint hinges on the fact that A2P2 activists delivered their list of over 5,000 signatures from Treetown’s registered voters in a number of batches, instead of delivering them all at once. The City maintains that proper procedures were followed and that the A2P2 activists got enough proper signatures.
Beaudry deferred a request for comment to the Ann Arbor City legal team, Friday afternoon. City Attorney Atleen Kaur said in an email, “The City is pleased that the Court of Appeals upheld the Clerk’s canvass as compliant with the Home Rule City Act. The City always strives to provide best in class services compliant with the law.”
“We anticipated a massive disinformation campaign this fall against our ballot proposal,” A2P2 President Sean Higgins said in a Friday press release. “But we honestly didn’t expect DTE and A2REC to challenge the very right of the people to make that choice. We’re glad that the courts saw through this ploy.”
This political fight stems from a longstanding sense of grievance between some members of the Ann Arbor community and the regional semi-monopoly power company over democratic control and accountability, environmental sustainability, and reliability grounds. That years-long sense of frustration eventually resulted in the creation of the grassroots Ann Arbor for Public Power movement—which aims to replace DTE Energy with a city O&O company accountable to the public via the ballot box. Nearby Chelsea has a similar setup.
The A2REC and DTE Energy have repeatedly denied accusations from both the A2P2 and Yousef Rabhi, the Democratic Party nominee for Mayor this November, that they are connected in an effort to scare voters into voting to keep DTE Energy through a misinformation campaign. DTE Energy has been open about supporting the A2REC cause, however, and as this magazine has previously reported, they have contributed $1.8 million to them.
DTE Energy declined to comment. The A2REC hasn’t made any attempt to acknowledge, comment or decline to comment to an answer asked repeatedly by Current: If it is true that DTE Energy and the A2REC are not related entities, then why do Michigan Secretary of State records show that the A2REC was registered with the State of Michigan using the exact same address as the DTE Energy headquarters building?
In response to this question, DTE Energy Director of Corporate Communications emailed, Friday: “I believe you’ve asked us this question before, and we suggested you reach out to AAREC about their physical location. I’d suggest that again, as I don’t have information directly related to the coalition.”
The A2P2 is a grassroots organization local to Ann Arbor. They are supported by Rabhi. The A2P2 originally began their campaign via advocacy, public education, and presenting their cases to the Ann Arbor City Council. They only began signature collection their ballot initiative when the A2 City Council deadlocked on whether or not to fund a feasibility study.
State records show some local support from unions and businesses that have had business dealings with DTE Energy in the past. They also have gotten support and have had financial transactions with a DC based lobby firm, Aristotle; the Edison Energy Institute, a group that defines itself on its home page as “the association that represents all U.S. investor-owned electric companies” in every state of the Untied States; and Willy Ritch of the PR-firm Salt Public Affairs.
The Tampa Bay Times and Maine Public (Maine’s NPR franchise) have both reported that Mr. Ritch was involved in defeating similar municipalization efforts in Tampa and Maine. Aristotle, Willy Ritch, Salt Public Affairs, and the Edison Energy Institute all did not immediately respond to requests for comment.
“We hope DTE is done wasting ratepayer money to try to keep people from voting this November,” A2P2 Executive Director Brian Geiringer said in the same press release which circulated petitions to qualify the measure. “Ann Arborites, with their petition signatures, earned the right to choose between DTE and public power.”
It remains to be seen if and when another appeal is in the works. Current Magazine will keep Ann Arbor updated on any new developments.
Drew Saunders is a freelance business and environmental journalist who grew up just outside of Ann Arbor. He covers local business developments, embraces his foodie side with reviews restaurants, obsesses over Michigan's environmental state, loves movies, and feels spoiled by the music he gets to review for Ann Arbor!
