ICC Staff Seek Issuance of Part 412 Consumer Protection Rule Language Prior to Exceptions Deadline

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February 23, 2011  

Illinois Commerce Commission Staff have asked the Commission to suspend an exceptions deadline contemplated by a proposed First Notice Order regarding electric consumer protection rules, so that parties may have the benefit of actual rule language when drafting exceptions (Docket 09-0592).

As only noted in Matters (see 2/21), an ALJ has issued a proposed First Notice Order in the Part 412 consumer protection rulemaking addressing, among other things, the rescission period, disclosure statements, and permissible termination fees.

However, the proposed order only discussed modifications to language in an original, since withdrawn, First Notice Order, and did not contain a complete copy of the rules recommended for adoption. As noted by Matters, this makes drafting exceptions difficult for parties given that they are not viewing actual rule language in all instances.

"[B]ecause it would be helpful to the parties to have the First Notice Rule in hand when filing exceptions," Staff recommended that the ICC:
1. Suspend the exceptions schedule contained in the proposed order;
2. Issue the First Notice Rule; and
3. Set an exceptions schedule based on the day the first notice rule is issued providing the parties roughly 3 weeks for Briefs on Exceptions and 10 days for Reply Briefs on Exceptions.

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