STATE OF ILLINOIS
ILLINOIS COMMERCE COMMISSION
Ken Patel :
MidAmerican Energy Company :
Complaint as to no discloser of the terms :
of the contracts, misrepresentation in :
Chicago, Illinois. :
By the Commission:
On September 2, 2011, pursuant to Section 10-108 of the Illinois Public Utilities Act (220 ILCS 5/10-108) (“the Act”), Ken Patel (“Complainant” or “Mr. Patel”) filed a complaint against MidAmerican Energy Company (“Respondent”) alleging that Respondent failed to disclose the terms of two contracts entered into by the parties and further failed to provide copies of each contract after they were signed, thus engaging in misrepresentation and deceptive practices.
Pursuant to notice as required by the rules and regulations of the Commission, Administrative Law Judge (“ALJ”) of the Commission on October 6, 2011. Complainant appeared pro se. Respondent appeared by counsel. On October 28, 2011, Respondent filed a Verified Motion to Dismiss the complaint. On November 21, 2011, Respondent filed a Reply in Support of the Motion to Dismiss. Complainant had sent his verified response to Respondent and the ALJ prior to November 21, 2011, but he did not at that time file the verified response with the Chief Clerk’s office for inclusion on the Commission’s e-Docket system. Complainant’s verified response posted on the Commission’s e-Docket system on November 28, 2011.
On January 9, 2012, the parties convened again for a status and presented their respective arguments with regard to the Verified Motion to Dismiss. At the conclusion of the January status, this matter was continued to February 2, 2012. Prior to February 2, that status was canceled and this matter was continued to February 28, 2012. On February 2, the ALJ canceled the February 28, 2012 status and continued this matter generally. On March 7, the ALJ marked this matter “Heard and Taken”.
I. Respondent Motion to Dismiss and Reply in Support
Respondent argued that the complaint relates to two written Retail Electric Supplier Agreements executed on April 15, 2009 (the “2009 Underlying Agreements”),