BlueStar Files Complaint Over Rescission Period in ComEd POR Tariffs

BlueStar Energy Services has filed a complaint for expedited declaratory relief at the Illinois Commerce Commission, seeking a declaration that Commonwealth Edison's recently filed Purchase of Receivables tariff, "does not conflict with, and is not intended to, override an existing administrative rule."

Specifically, BlueStar is seeking a declaration that the tariff does not alter the three business day internet enrollment rescission period provided for under 83 Ill. Adm. Code 453.40(a)(4). BlueStar is seeking a similar declaration with respect to Ameren as well, in a complaint that remains pending at the ICC (see 12/15).

BlueStar noted that language in the Commission's POR order and ComEd's testimony in support of the POR tariff, "create[s] an ambiguity as to whether ComEd's tariff in fact increases that 'rescission window' to 5 or even 18 days."

"Moreover, ComEd's at-issue tariff and the Commission's Order approving that tariff do not draw any distinction as to the applicability of the rescission windows to [retail suppliers] that are not participating in the UCB/POR program, but who utilize other methods of billing customers," BlueStar added.

The Commission, in adopting POR at ComEd, essentially approved the 5 day and 18 day windows at ComEd as a stopgap, to be replaced by whatever comes out of the Part 412 rulemaking (Docket 09-0592). As the rulemaking was ultimately withdrawn in October, with a new First Notice order only issued Friday (see related story today), BlueStar noted that, "83 Ill. Adm. Code 453.40(a)(4) providing for a 3-day rescission period of internet enrollments will remain the law of Illinois for the foreseeable future."