Regulator Moves To Prohibit Retail Suppliers' Use of Utility Logo, Name (Prohibition Applies To Affiliates Too)

In a first notice order concerning retail electric supplier marketing rules, the Illinois Commerce Commission is proposing to prohibit the use of utility logos and names by retail electric suppliers, including utility affiliates

Adoption of a first notice order means the ICC will now submit the revisions to 83 Ill. Adm. Code 412 and 83 Ill. Adm. Code 453 to the Secretary of State to begin the first notice period required for rulemakings. The ICC will have to vote on the rules again before they are final.

Specifically, the first notice order would provide:

a) A RES [retail electric supplier] shall not utilize the logo of a public utility in any manner.

b) A RES shall not utilize the name of a public utility in any manner that is deceptive or misleading including, but not limited to, implying or otherwise leading a customer to believe that a RES is soliciting on behalf of or is an agent of a utility when no such relationship exists.

c) A RES shall not utilize the name, or any other identifying insignia, graphics, or wording that has been used at any time to represent a public utility company or its services, to identify, label, or define any of its electric service offers.

The Commission noted that the above language, "prohibit[s] the use of all utility names or logos, not simply the customer’s utility."

MidAmerican Energy Services has proposed that such restrictions should only be applied in the service territory of the utility whose name is being used.

"Because of the timing of this suggestion, it is not clear if such an exception would satisfy the concerns of Staff and CUB. Thus, it is not adopted at this time," the ICC said in the first notice order.