Regulator Approves Merger With Requirement That Retail Supplier Ceases Use of Brand Name Shared By Utility

The Illinois Commerce Commission approved the proposed merger of AGL, parent of Nicor Gas, with Southern Company.

Under a settlement adopted by the ICC, AGL's Nicor Advanced Energy retail supply unit has agreed to cease use of the Nicor brand name

Under the agreement, Nicor Advanced Energy will be required to market any gas offers under a new name by Jan. 1, 2018. The settlement also covers Nicor Solutions, which has offered a fixed-bill product in Northern Illinois.

Neither Prairie Point Energy, L.L.C. d/b/a Nicor Advanced Energy LLC (NAE) nor Nicor Solutions, L.L.C. (NiSol), a subsidiary of SouthStar Energy Services LLC, will use the Nicor name or logo to conduct business in Illinois beyond December 31, 2017

Under the settlement, the Nicor companies' agreement to implement changes to the competitive companies' name and logo shall not constitute, and shall not be construed or interpreted to constitute, an admission that the use of a public utility’s name or logo by an affiliated interest is inappropriate in any way, or appropriately is raised or considered in the context of a merger approval proceeding under Section 7-204 of the Public Utilities Act, 220 ILCS 5/7-204.

Nicor Gas, NAE, and NiSol and any of their successors, may reflect in written materials that they are Southern Company subsidiaries upon the merger closing and thereafter

Also under the settlement, the competitive companies have agreed to include language on their websites and bills explaining that they are not the same as Nicor Gas and that customers don't have to buy from the affiliates in order to experience good utility service.