Illinois ALJ Drafts Interim Order of Withdrawal for Electric Customer Protection Rules

An interim order which would withdraw proposed electric consumer protection rules in Illinois is set for consideration by the Illinois Commerce Commission on October 26 (Docket 09-0592), prompted by the upcoming one-year deadline since the rules were first noticed, and continuing work by an ALJ to draft a proposed order.

The ICC first adopted an order to send the rules to the Secretary of State to begin the first notice period on December 2, 2009.

In an October 20, 2010 notice to intervenors, an ALJ informed participants that the proposed order is still being drafted. Since there would be very little time for the parties to tender their briefs on exceptions before the November Joint Committee on Administrative Rules (JCAR) meeting, the ALJ has tendered an interim notice to withdraw the proposed rules which were submitted with the initiating order. The docket will remain open and following the briefs on exception period, the post-exceptions order could be submitted as the new first notice order, the ALJ said.

In the most recent case schedule formally posted with the ICC, a proposed order was to be issued by September 17, with 12 days then provided to intervenors to submit briefs on exception. Prior to that date, the ALJ had previously informed participants that the proposed order would not be filed by that date.

Initial briefs and intervenors’ recommended draft orders were filed on August 27.

The rulemaking includes consideration of the rescission period, early termination fees and periods in which such fees may not apply, marketing and contract disclosures, and related issues (see 8/30/10).