Illinois Provides Clarification On Data Requests Directed To Retail Suppliers Concerning PJM Transmission Cost Refunds To Customers

The ICC issued clarifications to the data requests expounded on retail electric suppliers concerning their provision of transmission cost-related refunds to customers.

As first exclusively reported by EnergyChoiceMatters.com, the Illinois Commerce Commission directed retail electric suppliers to respond to data requests concerning the retail electric suppliers' plans to distribute Federal Energy Regulatory Commission-ordered settlement proceeds to end-user customers in the Commonwealth Edison service territory.

In a prior written order, the ICC said that in a Staff Report dated November 30, 2018, the Staff of the Consumer Services Division (CSD) and the Office of Retail Market Development (ORMD) noted that on May 31, 2018, the Federal Energy Regulatory Commission (FERC) issued an Order on a Contested Settlement for FERC Docket No. EL05-121-009. The Settlement provides that PJM Interconnection, LLC (PJM), the Regional Transmission Operator (RTO) in the Commonwealth Edison Company (ComEd) service territory in Illinois, would lower certain cost allocations in the ComEd territory for a specified period, which would have the effect of reducing transmission rates payable by Load Serving Entities (LSE) in the ComEd service territory by an aggregate amount of approximately $318 million during that period. The expectation of the settling parties was that this sum would be refunded to end-user customers in the form of reductions to their rates.

See more background on the refunds here

The ICC clarified the data requests as follows

The following statements are meant to provide clarification to the parties responding to ICC Staff’s Data Requests.

1. All LSEs that served load in the ComEd service territory during 2018 should have received or will receive a credit via reduced transmission rates from the PJM Settlement FERC Docket No. EL05-121-009. Any further questions regarding the refund should be directed to the person in your company dealing with the wholesale markets and PJM.

2. Under Section 4-404 of the Illinois Public Utilities Act, the Illinois Commerce Commission is required to protect confidential material provided by regulated entities. Under Section 5-108 of the Act, Commission Staff members may be subject to criminal prosecution for improperly disclosing confidential information. As a result, Staff members are familiar with, and careful regarding, the handling and retention of confidential data. As such, responses may be safely sent by email. Provided that any confidential data is conspicuously marked as such, it will be afforded necessary protection, regarding the manner in which it is delivered.

3. For purposes of the Data Request, unless otherwise stated, the word "customers" refers to all current and active customers as of the date of the Commissioner Order directing the ARES to answer Staff’s Data Request, which was entered December 4, 2018.

4. Regarding DR: JG 1.05: in the case of UCB customers, responding by supplying a statement to be incorporated into the space allotted to your company on the ComEd bill will be considered a satisfactory response.

5. Please note that "JG 1.02(a)" has been added to the Data Request. Responses to JG 1.02(a) are optional. JG 1.02(a): Of the amount your company received or will be credited as a result of the Settlement, please state the dollar amount your company intends to credit to any future end user customers to be served by your company in the ComEd service territory. Examples of future end user customers include, but are not limited to, prospective customers, renewals, etc.

6. You may submit any additional explanation, narrative and/or information your company deems relevant in a separate appendix.

7. A revised Excel file will be emailed to the service list.

Docket No. 18-1774