Illinois JCAR Prohibits Adoption of Consumer Protection Rules Applicable to Retail Electric Suppliers

The Illinois Joint Committee on Administrative Rules has prohibited the filling and adoption of electric consumer protection rules applicable to competitive retail electric suppliers, which had been proposed by the Illinois Commerce Commission.

The consumer protection rules (Part 412) had been proposed in Docket 09-0592, and a second notice period had been initiated by the ICC last November. See prior story for discussion of provisions and requirements under the proposed rules, which addressed a number of issues including marketing, solicitations, and terms of service

Two of the most contested issues in the rule, which were brought before JCAR, were the proposed $50 cap on small volume early termination fees, and the prohibition on the use of a Illinois gas utility name or logo when marketing electricity.

JCAR's certification of objection and filing prohibition states that the Illinois Commerce Commission, "is prohibited from filing the rulemaking with the Secretary of State and from enforcing or invoking, for any reason, the rulemaking for as long as the Filing Prohibition remains in effect."

JCAR said it prohibited the filing of the rulemaking, "because unresolved issues remain in the rulemaking that JCAR deems a serious threat to the public interest."

"JCAR is particularly concerned that ICC has not been able to cite specific statutory authority for various policies established in this proposed rulemaking."

JCAR's statement did not address specific provisions of the rules which it deemed problematic.

JCAR invoked Sections 5-110 and 5-115 of the Illinois Administrative Procedure Act for its authority to issue the filing prohibition. Market observers called filing prohibition novel, and said it was unclear what would happen next.