BlueStar Seeks Action on Outstanding Rescission Period Complaint

Email This Story
December 15, 2010

BlueStar Energy Services, Inc. has petitioned the Illinois Commerce Commission to rule on several pending motions in its complaint against Ameren concerning the rescission period.

In its complaint (10/21/09), BlueStar contends that the 10-day rescission period in the Ameren tariffs conflicts with the rescission period for online enrollment established in 83 Ill. Adm. Code 453.40(a)(4), which provides that, "residential customers may cancel the enrollment within 3 business days after Internet enrollment."

Among the pending motions is a motion to dismiss from Ameren and ICC Staff, BlueStar's cross-motion for judgment on the pleadings, and a motion from BlueStar to take judicial notice of the ICC's withdrawal of proposed consumer protection rules which would have comprehensively addressed the rescission period issue.

BlueStar's complaint had essentially been held in abeyance due to the concurrent work on this rulemaking docket (Docket No. 09-0592, 83 Ill. Adm. Code 453), as the rulemaking would have modified the rescission period from 3 days to 10 days, and made the complaint moot.  However, the ICC withdrew the proposed regulations, as it could not render a decision prior to a statutory deadline for the rulemaking, and has not yet issued a new first notice order for the rules.

"Thus, with no change in the proposed rules imminent, the conflict between 83 Ill. Adm. Code 453 and the [Ameren's] new tariffs remains and should be resolved as part of this proceeding as soon as possible," BlueStar said.

"Although the Parties' motions have been fully briefed and ripe for ruling since March, no Order has been issued in this case.  Neither is there any status date set in this matter.  With over thirteen months passing since the filing of this complaint, it is more than ripe for adjudication," BlueStar said.

"In the meantime, the conflict between the valid, pre-existing rule and the [Ameren] tariff continues to exist, resulting in conflicting standards for residential customers who sign up for electric supply over the internet.  Also, while the rescission window remains clearly three (3) days in ComEd's territory, it is unclear whether the rescission window is 10 days or 3 days the AIUs territory - creating the untenable result of different rules governing customer rescission in different parts of the State," BlueStar added.

Email This Story

HOME

Copyright 2010 Energy Choice Matters.  If you wish to share this story, please email or post the website link; unauthorized copying, retransmission, or republication prohibited.

 

Be Seen By Energy Professionals in Retail and Wholesale Marketing

Run Ads with Energy Choice Matters

Call Paul Ring

954-205-1738

 

 

 

 

 

Energy Choice
                            

Matters