I figured that maybe it would be helpful to those few that may have my particular issue (battery charging MORE then the design maximum capacity) if i updated you.
I spoke once more with MS and emailed one of their technicians my battery report which shows that the device consistently charges the battery to around 44000 mwh, about 2000 higher than the design maximum.... The technician was very specific - he said looking at the battery report, "wow! You have a BAD battery... A really really bad battery" lol..... Considering the fact that it has only been through 120 charge cycles, i agree, it's a bad battery.... Unfortunately, it's out of warranty... At least i have the option to pay $369 plus tax CAD and have the device replaced.
For anyone with a similar problem who may think that it isn't really a problem understand that lithium ion batteries, if constantly over charged, will eventually begin to expand, and at some point the battery will vent - as it's fully encased, that means that there is a distinct likelihood that the machine will actually explode - so, no, this is not a good thing....
Personally, i think it's ridiculous that MS is making me pay for an out of warranty replacement, knowing full well that they sold a device with a faulty battery. They should take responsibility and replace it free of charge, out of warranty or not - this is something that only showed up after the warranty expired .