Illinois Commerce Commission Orders Two Brokers to Show Cause Why License Should Not Be Suspended

The Illinois Commerce Commission has opened two proceedings to investigate whether two electric brokers have failed to file an annual recertification report, and whether their ABC licenses should be suspended.

Specifically, ICC Staff has alleged that Evolving Energy Systems, LLC and Utilitech, Inc. each failed to file an annual compliance recertification report for 2010 by March 31, 2011, as required by 83 Ill. Adm. Code 454.110.

The Commission found that the information in a Staff report provides a sufficient basis to initiate proceedings to determine whether each ABC has violated 83 Ill. Adm. Code 454.110 and whether the license previously granted to each respondent should be suspended. The Commission issued citation orders to each ABC.

Staff said that it sent letters to all ABCs reminding them of their annual filing obligation, and, for those which did not initially file, sent numerous follow-up emails and phone calls. Staff said that all ABCs, except for the two cited respondents, ultimately filed the reports, though some were untimely.

As a result, Evolving Energy Systems and Utilitech were each ordered to appear before the ICC, at a date to be subsequently determined by an ALJ, to adduce evidence whether each respondent has failed to file its compliance recertification report and to show cause why the Commission should not suspend any license granted to respondent pursuant to 83 Ill. Adm. Code 454.149.

Failure of the respondent to appear may result in the entry of an order revoking or suspending the license previously granted to respondent, the ICC said.

The dockets are 11-0708 (Evolving Energy Systems, LLC) and 11-0709 (Utilitech, Inc.)