March 21, 2012 - Bench Meeting Minutes

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BEFORE THE
ILLINOIS COMMERCE COMMISSION
BENCH SESSION
(PUBLIC UTILITY)
Springfield, Illinois
Wednesday, March 21, 2012
Met, pursuant to notice, at 10:30 a.m.
in Hearing Room A, First Floor, Leland Building, 527
East Capitol Avenue, Springfield, Illinois.
PRESENT:
MR. DOUGLAS P. SCOTT, Chairman
MS. LULA M. FORD, Commissioner
MS. ERIN M. O'CONNELL-DIAZ, Commissioner
MR. JOHN T. COLGAN, Commissioner
MS. ANN McCABE, Acting Commissioner
SULLIVAN REPORTING COMPANY, by
Carla J. Boehl, Reporter
CSR #084-002710
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PROCEEDINGS
CHAIRMAN SCOTT: Pursuant to the provisions of
the Illinois Open Meetings Act, I now convene a
regularly scheduled Bench Session of the Illinois
Commerce Commission. With me in Springfield are
Commissioners Ford, O'Connell-Diaz, Colgan and our
newest commissioner, Acting Commissioner Ann McCabe.
Commissioner, welcome to the
Commission. Congratulations on your appointment. We
look forward to working with you.
I am Chairman Scott. We have a
quorum.
Before moving into the agenda,
according to Section 1700.10 of Title II of the
Administrative Code, this is the time we allow
members of the public to address the Commission.
Members of the public wishing to address the
Commission must notify the Chief Clerk's Office at
least 24 hours prior to the Commission meeting.
According to the Chief Clerk's Office, we have no
requests to speak at today's Bench Session.
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(The Transportation
portion of the proceedings
was held at this time and
is contained in a separate
transcript.)
CHAIRMAN SCOTT: Moving on to the Public
Utility agenda, we will begin today with approval of
minutes from our February 23 Bench Session. I
understand amendments have been forwarded.
Is there a motion to amend the
minutes?
COMMISSIONER FORD: So moved.
CHAIRMAN SCOTT: Is there a second?
COMMISSIONER COLGAN: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say aye.
COMMISSIONERS: Aye.
CHAIRMAN SCOTT: Any opposed?
(No response.)
The ayes have it. The vote is five to
nothing, and the amendments are adopted.
Is there a motion to approve the
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February 23 minutes as amended?
COMMISSIONER COLGAN: So moved.
COMMISSIONER FORD: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say aye.
COMMISSIONERS: Aye.
CHAIRMAN SCOTT: Any opposed?
(No response.)
The vote is five to nothing, and the
February 23 Bench Session minutes as amended are
approved.
Turning now to the Electric portion of
today's agenda, Item E-1 (12-0211) concerns
commencing a reconciliation proceeding for revenues
collected by Ameren under its Hazardous Materials
Adjustment Clause Rider. Staff recommends entry of
an Order initiating the reconciliation proceeding.
Is there any discussion?
(No response.)
Is there a motion to enter the Order?
COMMISSIONER COLGAN: So moved.
CHAIRMAN SCOTT: Is there a second?
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COMMISSIONER O'CONNELL-DIAZ: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say aye.
COMMISSIONERS: Aye.
CHAIRMAN SCOTT: Any opposed?
(No response.)
The vote is five to nothing, and the
Order is entered.
We will use this five to nothing vote
for the remainder of the Public Utility agenda,
unless otherwise noted.
Items E-2 (12-0212) and E-3 (12-0213)
can be taken together. These items concern
initiating a rulemaking proceeding pursuant to
16-128(a) of the Public Utilities Act regarding the
development of certification requirements for vendors
who install electric vehicle charging stations and
for entities who install and distribute generation
facilities. In each case Staff recommends entry of
an Order initiating the rulemaking proceeding.
Is there any discussion?
(No response.)
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Any objections?
(No response.)
Hearing none, the Initiating Orders
are entered.
Items E-4 through E-6 can be taken
together. These items concern tariff changes sought
by Ameren and ComEd. In each case Staff recommends
granting the company's request by not suspending the
filing.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the filings will not be
suspended.
Item E-7 is Docket Numbers 10-0141
through 10-0143 Consolidated. These items concern
requests filed by ComEd in 2010 seeking authority to
enter into a credit agreement with affiliated
interests under Section 7-101 of the Public Utilities
Act. ALJs Hilliard and Benn recommend that the
Commission enter an Order on Reopening approving the
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company's recently filed petitions to extend its
previously granted authority.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered,
and the extension is granted.
Item E-8 is Docket Number 11-0113.
This is Ameren's reconciliation case for revenues
collected under its Hazardous Materials Adjustment
Clause Rider 2010. ALJ Jones recommends entry of an
Order approving the reconciliation.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered.
Item E-9 is Docket Number 11-0434.
This item concerns an investigation of ComEd's Rate
GAP regarding municipal aggregation protocols. We
will be holding this item for disposition at a future
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Commission meeting.
Item E-10 is Docket Number 11-0498.
This item concerns investigation of ComEd's supply
rate design and non-coincidental peak demand
allocation. We will also be holding this item for
disposition at a future Commission meeting.
Item E-11 is Docket Number 11-0589.
This is Shawn O'Farrell and Kazmier Tooling's
complaint against ComEd. ALJ Riley recommends entry
of an Order granting in part and denying in part the
company's complaint.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered.
Item E-12 is Docket Number 11-0718.
This is Linda Benoit's complaint against Ameren.
Mrs. Benoit seeks withdrawal of her complaint, and
ALJ Albers recommends entry of an Order dismissing
the complaint at the complainant's request.
Is there any discussion?
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(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered,
and the complaint is dismissed.
Items E-13 and E-14 (12-0056, 12-0057)
can be taken together. These items concern petitions
by the Illinois Department of Transportation seeking
eminent domain authority for easements on property
owned by ComEd in connection with roadway improvement
projects in Cook County and McHenry County. In each
case ALJ Hilliard recommends entry of an Order
granting eminent domain authority.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Orders are entered,
and the requested eminent domain authority is
granted.
Items E-15 through E-21 (12-0134,
12-0139, 12-0147, 12-0148, 12-0156, 12-0165, 12-0172)
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can be taken together. These items are petitions for
the confidential and/or proprietary treatment of the
petitioner's reports. In each case the ALJ
recommends entry of an Order granting the requested
protective treatment.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Orders are entered.
Item E-22 is Docket Number 12-0154.
This is Ameren's petition for authority to construct
a new transmission line in and around Bloomington,
Illinois. Staff has made a motion to extend the
deadline associated with this docket by 75 days, and
ALJ Von Qualen recommends granting the motion.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the motion to extend the
deadline is granted.
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Item E-23 is Docket Number 12-0105.
This is Smart Energy's application for licensure as
an alternative retail electric supplier. The ALJ
recommends entry of an Order granting the
certificate.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered.
Item E-24 is Docket Number 12-0167.
This is Public Power, LLC's, application for a
Certificate of Authority under Section 16-115 of the
Public Utilities Act. We will be holding this item
for disposition at a future Commission meeting.
Items E-25 and E-26 (12-0113, 12-0125)
can be taken together. These items are applications
for licensure as an Agent, Broker and Consultant
under Section 16-115C of the Public Utilities Act.
In each case ALJ Albers recommends entry of an Order
granting the certificate.
Is there any discussion?
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(No response.)
Any objections?
(No response.)
Hearing none, the Orders are entered.
Turn now to Natural Gas. Item G-1 is
Docket Number 09-0538. This is Ameren's
reconciliation case for revenues collected under gas
adjustment charges in 2009. ALJ Albers recommends
entry of an Order approving the reconciliation.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered.
Item G-2 is Docket Numbers 11-0280 and
11-0281 Consolidated. This is North Shore Gas' and
Peoples Gas' rate case, and before us today is a
motion for a stay or for alternative relief brought
by the Attorney General's Office. Pursuant to our
discussion at the March 7 Bench Session, we have an
Amendatory Order before us which would grant
alternative relief to revisions to pages 237 and 238
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of our Final Order. So we will first take a vote on
entering that Amendatory Order.
Is there discussion on the Amendatory
Order?
ACTING COMMISSIONER McCABE: I abstain.
CHAIRMAN SCOTT: Any objections to entering the
Amendatory Order?
(No response.)
Hearing none, the Amendatory Order is
entered by a four to nothing vote.
As this came up in the context of a
motion for a partial stay of the Order, we will also
address that motion directly.
Is there any discussion on the Motion
to Stay?
(No response.)
Are there any objections to denying
the Motion to Stay?
(No response.)
Hearing none, the Motion for a Partial
Stay is denied by a four to nothing vote, and the
Order will not be stayed, although the Commission
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will enter an Amendatory Order consistent with our
prior vote.
Item G-3 is Docket Number 11-0476.
This is a petition by Peoples Gas seeking approval
for the purchase and resale of securities under
Section 7-102 of the Public Utilities Act. ALJ
Hilliard recommends entry of an Order granting the
petition.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered.
Item G-4 is Docket Number 12-0123.
This is a petition by Integrys Energy Services
seeking confidential and/or proprietary treatment of
its Annual Dekatherm Report. ALJ Yoder recommends
entry of an Order granting the requested relief.
Is there any discussion?
(No response.)
Any objections?
(No response.)
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Hearing none, the Order is entered.
Item G-5 is Docket Number 11-0795.
This is Kenneth Cunningham's complaint against Nicor.
The parties have apparently settled their differences
and brought a Joint Motion to Dismiss which ALJ
Teague recommends we grant.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Joint Motion to
Dismiss is granted.
Item G-6 is Docket Number 12-0098.
This is HIKO Energy's application for a Certificate
of Service Authority to operate as an alternative gas
supplier. The company is requesting to withdraw its
application without prejudice, and ALJ Yoder
recommends entry of an Order granting withdrawal.
Is there any discussion?
(No response.)
Any objections?
(No response.)
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Hearing none, the Order is entered,
and the application is withdrawn.
Moving on to Telecommunications, Item
T-1 concerns a filing by Illinois Consolidated
Telephone Company seeking to add tariff language to
clarify on how we determine appropriate rates for
Voice Over Internet Protocol and Public Switch
Telephone Network traffic. Staff recommends granting
the company's request by not suspending the filing.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the filing will not be
suspended.
Item T-2 is Docket Number 12-0150.
This is T6 Communications' petition for the
withdrawal of its Certificates of Service Authority
previously issued in Docket Number 07-0450. ALJ
Riley recommends entry of an Order granting the
withdrawal of those certificates.
Is there any discussion?
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(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered,
and the certificates are withdrawn.
Item T-3 is Docket Number 11-0799.
This is Angela Foster's complaint against Illinois
Bell. The parties have apparently settled their
differences and have brought a Joint Motion to
Dismiss which ALJ Haynes recommends we grant.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Joint Motion to
Dismiss is granted.
Item T-4 is Docket Number 12-0019.
This is 1 800 Collect's application for a Certificate
of Interexchange Authority to operate as a reseller
of telecommunication services in Illinois. ALJ
Teague recommends entry of an Order granting the
requested authority and granting confidential
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treatment for the company's financial statements.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered.
Item T-5 is Docket Number 12-0021.
This item concerns an investigation into M.T.I.'s
compliance with requirements for an eligible
telecommunications carrier and into its eligibility
for Linkup Subsidy Reimbursement. ALJ Riley
recommends entry of an Interim Order terminating
M.T.I.'s Wireless Service Certificates issued in
Docket Numbers 10-0229 and 10-0230 and terminating
its ETC certificates issued in Docket Numbers 06-0038
and 10-0524.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Interim Order is
entered.
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Items T-6 through T-9 (12-0126,
12-0135, 12-0137, 12-0143) can be taken together.
These items are petitions for the confidential and/or
proprietary treatment of the petitioners' Annual
Report. In each case the ALJ recommends entry of an
Order granting the requested protective treatment.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Orders are entered.
Now on to Water and Sewer. Item W-1
is Docket Number 11-0519. This concerns Peter
White's complaint against Aqua Illinois. The
complainant has filed a Motion to Withdraw its
complaint, and ALJ Yoder recommends entry of an Order
granting withdrawal.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Order is entered,
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and the complaint is withdrawn.
Item W-2 is Docket Number 11-0767.
This is Illinois-American Water Company's rate case,
and before us today is a Resuspension Order
suspending the case for further investigation for an
additional six months.
Is there any discussion?
(No response.)
Any objections?
(No response.)
Hearing none, the Resuspension Order
is entered.
Item W-3 is Docket Number 12-0129.
This item concerns an informational statement filed
by Sundale Utilities pursuant to Section 6-102(d) of
the Illinois Public Utilities Act in conjunction with
proposed financing of indebtedness. ALJ Von Qualen
recommends entry of an Order approving the proposed
refinancing.
Is there any discussion?
(No response.)
Any objections?
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(No response.)
Hearing none, the Order is entered.
We have one Petition for Rehearing
today. Item PR-1 is Docket Number 07-0566 and this
is ComEd's 2007 rate case on remand from the
Appellate Court. The Commission entered an Order on
Remand on this matter on February 23, and ComEd seeks
rehearing of that decision. ALJ Haynes recommends
denying ComEd's Petition for Rehearing.
Is there any discussion?
ACTING COMMISSIONER McCABE: I abstain.
CHAIRMAN SCOTT: Is there any further
discussion?
(No response.)
Are there any objections to denying
the Petition for Rehearing?
(No response.)
Hearing none, the company's Petition
for Rehearing is denied by a four to nothing vote.
We have three Other Items of Business
scheduled for today. Up first is a Resolution
(12-0214) regarding the retirement of Meri Sanders.
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Meri, do you want to come forward, please? I have a
resolution that I would like to read in part to you.
"By the Commission:
WHEREAS, Meri Sanders began her career at the
Illinois Commerce Commission in March of 1980 and has
been part of the Chief Clerk's Office for her entire
32-year career with the Commission; and
WHEREAS, Meri has been involved with all aspects
of the Clerk's Office, including the monumental
appeal in 87-0427, et al., which included more than
70 transfer boxes, or approximately 1500 volumes, and
required renting a truck for transport to the
appellate court; and
WHEREAS, Meri Sanders has served as an
'unofficial' historian of the Commission, due to her
vast knowledge of the Commission's action and
background and everything related to the public
utility industry, especially the complex subject of
tariffs; and
WHEREAS, Meri has seen approximately 40
Commissioners come and go during her tenure with the
Commission; and
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WHEREAS, Meri Sanders has been unwavering in her
dedicated service to the Commission and Staff;
IT IS THEREFORE RESOLVED that the Illinois
Commerce Commission expresses gratitude and respect
to Meri L. Sanders for her exemplary work ethic and
dedication, and offers best wishes as she begins the
next phase of her life where she intends to travel,
continue her volunteer service and possibly embark on
a new career."
Congratulations. Thank you very much.
MS. SANDERS: I think I will just stand up
here.
I would like to thank the Chairman,
the Commissioners and also welcome Commissioner
McCabe back. Welcome back. I would like to
especially thank the Chief Clerk's Office and the
members of the Staff that have worked beside me
through the years, some of which have been here
longer than others.
There are two people in my past that
were great structures to my career, that being Rose
Claggett, Chief Clerk, and also Donna Caton, Chief
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Clerk, who believed in me and helped me with my
career through the Chief Clerk's Office.
And, again, I want to thank everyone,
including all our Staff and our Chief Clerk's Office
Staff in Chicago also and Kenneth Hundrieser.
Thank you so much.
CHAIRMAN SCOTT: Commissioner Colgan?
COMMISSIONER COLGAN: Meri, you are not done
yet.
As the resolution said, you spent your
entire career here in the Chief Clerk's Office. It
is my understanding that you served an internship
here while you were in high school and I guess your
father worked here, right? And then right after high
school you started your career here.
Over the years the Staff has told me
that you have become the go-to person whenever
questions were to come up, whether they were from
someone outside here or to Staff. And even if they
are looking for documents from the '30s and the '40s,
that you can somehow put your hand on those. And
that's very impressive.
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But I heard that maybe your greatest
achievement is that you have personally hand-stamped
close to a billion tariff filings. I bet you have
strong hands.
So Meri and her husband Harlan, who is
already retired from the Springfield Police
Department, we are wishing you have a wonderful
retirement. And I have heard that you continue to
plan your volunteer service at the Abraham Lincoln
Museum, and both you and your husband are involved in
the Order of the Eastern Star and both of you love to
travel, and I hope you can take full advantage of
that. And thank you very much and we will truly miss
you.
CHAIRMAN SCOTT: Commissioner O'Connell-Diaz?
COMMISSIONER O'CONNELL-DIAZ: Yeah. Well, I
shared many a year with Meri. In my days as an ALJ
I knew that she was a person to call to unravel a
problem if there was a problem. And, yes, Donna
Caton, and I do remember Rose Claggett and the silver
bullets that would come at like four o'clock on a
Friday afternoon from Steve Claggett. But it is so
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great to see someone that has spent their life in
public service and has done such great work for us at
this Commission. And you have just been a great
resource for us, an able assistant at any time that
we needed you, plus your regular work of stamping and
getting those boxes off to the appellate court.
Thankfully we don't have to do that any more.
But I wish you the best, and don't
forget you might be getting calls saying how did we
do this, you know. Once you are at the Commission
for that many years, I always remind people it is
like the mafia; we never let you go. So wishing you
the best and thanks for your service.
COMMISSIONER FORD: I never had a chance to
meet you personally, Meri, but I have certainly heard
about your good work. And after having spent 34
years at another job myself, I do wish you well after
spending 32 years here. But I don't think you should
go for another career. I am trying to end this one.
Continue to travel and God speed.
CHAIRMAN SCOTT: Meri, thanks so much for all
your years of service. And whatever you choose to do
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with your husband, good luck and congratulations and
we wish you nothing but the best.
Thanks again.
MS. SANDERS: Thank you.
CHAIRMAN SCOTT: Further resolution, are there
any objections to adopting the resolution?
(No response.)
Hearing none, the resolution is
adopted.
Thanks again, Meri.
Our second item of Other Business
concerns a Notice of Inquiry pursuant to Public Act
97-0222 regarding retail electric choice customer
education for residential and small commercial
customers.
Is there somebody from Staff who is
available to discuss the report?
MR. CLAUSEN: Yes, this is Torsten Clausen in
the Chicago office.
CHAIRMAN SCOTT: Hello, Torsten.
MR. CLAUSEN: Hello. I can briefly go through
some of this report that we sent to you, not covering
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every single item, but generally the gist of the
report.
The report is the result of a Senate
bill last year that was passed by the General
Assembly as Public Act 97-0222 that required the
Office of Retail Market Development to seek
information from the parties of whether there are any
updates necessary to the consumer education
information that is out there for residential and
small commercial customers. And we have asked
formally for such input and received one round of
comments and another round of reply comments. And we
have put them all together in this report.
Briefly summarizing the comments that
we have received and the recommendations based on
those comments, generally we have received comments
from the utilities, several of the suppliers, as well
as the Citizens Utility Board, the Attorney General's
Office, EMT Energy. And the comments generally were
very constructive and helpful, and I want to thank
everybody who actually took the time to write what
they think are additional items that need to be out
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there for consumer education purposes.
So this report goes through all these
comments in a topic by topic basis. And just a
couple highlights of what the additional information
is that the parties want to see on the website, one
of the items is additional information for residents
that live in communities where municipal electric
aggregation is happening, and that's obviously very
timely, given yesterday's election and the election
of the referendum on the election ballot.
As the Commission is aware, we have
organized some of these directly to the
municipalities that are involved in municipal
aggregation. And what is being talked about in this
particular report really is a different target
audience then the residents in those communities, and
gives them a high level overview of what municipal
aggregation is all about and where they can find more
information.
And we actually have a draft ready of
that language for the website at the report stage for
many of these items in this report. Instead of
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asking you, the Commission, to approve specific
language, we actually drafted initial language for
these items, and then we are sending around to the
parties to get input and hopefully reaching consensus
on the language for a lot of these items.
So that is one particular topic that
needs to be addressed. Some others are more
information for realtime pricing customers. They
currently get some information on the website, but
parties wanted to see a little bit more and also
maybe a little bit more explanation on how the
realtime pricing customers compared to the offers out
there by retail electric suppliers, whereas right now
the focus is really on comparing the utilities' fixed
price bundled service rates to the offers by
alternative retail electric suppliers.
Another item was to add information
about LIHEAP and PIPP, the low income assistance
programs, and making customers aware of what they
should look out for if they are on such programs when
they are considering a switch to a supplier.
Again, I won't be going through all of
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these items in the report that you have read, but a
lot of these items are some recommendations where we
ask the Commission to direct the Office of Retail
Market Development to draft language and seek input
from interested parties on the specific language, and
then to update that on our website.
CHAIRMAN SCOTT: I appreciate the thoroughness
of the report, Torsten. I thought it was very good.
And I also appreciated the way the recommendations
were structured because I think that makes the most
sense, to try to get as much consensus as you can on
the language.
Further discussion? Commissioner
O'Connell-Diaz.
COMMISSIONER O'CONNELL-DIAZ: Well, I would
like to thank Torsten and all the parties actually
because this has been a collaborative effort. We
have been at this business since, what, 1997 and we
are finally seeing the fruits of all the labor that
has gone into creating this competitive marketplace
in Illinois for residential customers.
And I don't know about any of you, but
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I find myself -- I was at the bank the other day and
the lady knows what I do and she was asking me all
about it. So I proudly sent her to our website and
explained to her, you know, I can't recommend anybody
but here is what it is.
Because there is confusion out there
and especially given the election process yesterday
and the referenda that were across our state, which I
really don't know what the outcome is yet. There is
going to be more questions and, of course, our
Commission is in the center place to be able to
provide this to our consumers and ratepayers in our
state.
The one point I would just bring out
is that, you know, as I suggested and I have
understood this process, it has been a very, very
collaborative process with the various alternative
suppliers, with any interested parties, with the
workshops that have been going on. And I was quite
concerned that there is on the website -- there is
not concomitant sharing of the Plug-in Illinois
information on the C&T and the Converge website. I
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think it is C&T. That needs to, I believe, happen in
order for, if someone is looking, that they can just
go to our website. We don't have any ownership here.
We are neutral, but it is important for consumers,
when they are looking at this, that they go to our
Commission website.
So I really value that recommendation
in the report and am glad that that has been brought
out. And certainly that is, from my understanding, I
thought that that was going to be on everyone's
website when we started on this journey. So I was
surprised to hear that that was not in fact a fact.
So I appreciate that this is in the
report, and that the Commission would look to see
that on that website, so that people can have a
knowledge base upon which to make their home
decisions.
So thank you very much, Torsten. We
have been working hard for this for so many years and
now we are kind of there. And we still have a lot of
work to go. It is an evolving process. We will be
looking at this on a regular basis with all the
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market participants. And this is, you know -- what's
that clause, "the beginning of a long journey?"
So thank you very much.
CHAIRMAN SCOTT: Commissioner Colgan.
COMMISSIONER COLGAN: Yeah, I just ditto the
comments that the Chairman made and Commissioner
O'Connell-Diaz. I would just like to also, though,
just point out that I am glad that the group in the
process has had the foresight to consider low income
customers and the potential impact that can have for
LIHEAP participants, especially with the PIPP program
up and running now. So I think that was a good and
insightful decision, to take a closer look at that.
And thank you for your work.
CHAIRMAN SCOTT: Commissioner Ford.
COMMISSIONER FORD: I certainly want to again
echo what my fellow Commissioners have already said
and done. You certainly took my plug when you said
about LIHEAP and the percentage of income. I know
how long you worked on it and I know how long he has
worked on that.
And also, Torsten, do you have any
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idea how the referenda went on the municipal
aggregation yesterday?
MR. CLAUSEN: That's a very good question, and
obviously it is very early. And we have actually
tried this morning to go -- we have actually
contacted the State Board of Elections to see if they
have immediate information available on the towns.
And it sounds like that is going to be taking awhile
to get the official results from the State Board of
Election.
However, so far we have done the good,
old-fashioned Google search and I looked for some of
these towns. And, yes, I think it is -- so far it is
pretty much a mixed bag. There is some larger towns
where the referendum did not pass. I believe in
Bloomington and Normal the referendum did not pass.
I think in the East St. Louis area a couple of the
larger towns also did not pass.
But, of course, a lot of towns did
pass and, of course, there is the sheer number of
towns with the referendum on the ballot yesterday,
close to 300 towns. So even if there is a
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significant percentage of towns not passing the
referendum yesterday, that still leaves a lot of
towns and, therefore, there are more potential
customers who could be potentially going out to that
and switching to alternative retail electric
suppliers in the near future.
COMMISSIONER FORD: I too want to commend you
on the easy read for this, especially the
recommendation part, and your staff did a fine job.
Thank you.
MR. CLAUSEN: Thank you.
CHAIRMAN SCOTT: Further discussion?
(No response.)
Are there any objections to approving
the recommendation?
(No response.)
Hearing none, the recommendations are
approved.
The final item is a FERC item which
calls for us to go into Closed Session. Is there a
motion to go into Closed Session?
COMMISSIONER FORD: So moved.
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CHAIRMAN SCOTT: Is there a second?
COMMISSIONER COLGAN: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say aye.
COMMISSIONERS: Aye.
CHAIRMAN SCOTT: Any opposed?
(No response.)
The vote is five to nothing. The
Commission will now go into Closed Session. Please
let me know when the room is ready in Chicago.
(Whereupon at this point
pages 38 - 46 of the
proceedings are
contained in a separate
closed transcript.)
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CONTINUATION OF PROCEEDINGS
CHAIRMAN SCOTT: In Closed Session the
Commission discussed making a filing in FERC Docket
Number ER12-1194.
Is there a motion to make the filling
with FERC?
COMMISSIONER COLGAN: So moved.
CHAIRMAN SCOTT: Is there a second?
COMMISSIONER FORD: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say aye.
COMMISSIONERS: Aye.
CHAIRMAN SCOTT: Any opposed?
(No response.)
The vote is five to nothing, and the
filing will be made with FERC.
Judge Wallace, any other matters to
come before the Commission today?
JUDGE WALLACE: No, that's it.
CHAIRMAN SCOTT: Thank you, sir.
Again, welcome, Commissioner McCabe.
Glad to have you here and look forward to working
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with you.
And again we want to also thank
Commissioner Elliott for his years of service and all
that he gave to the Commission as well.
COMMISSIONER O'CONNELL-DIAZ: I just want to
note that I think it is the first time that we have
had three women Commissioners.
CHAIRMAN SCOTT: I wondered who was going to
point that out.
COMMISSIONER O'CONNELL-DIAZ: Not that we are
saying anything, but I think this is the first time.
So welcome to our newest Commissioner, and thank you,
Commissioner Elliott.
COMMISSIONER FORD: We have a majority.
COMMISSIONER O'CONNELL-DIAZ: Yeah, better
watch out.
CHAIRMAN SCOTT: Hearing no other business to
come before the Commission today, the meeting stands
adjourned.
BENCH SESSION ADJOURNED