Illinois ALJ Tolls Exceptions Deadline on Customer Protection Proposed Order

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March 3, 2011  

An Illinois ALJ has granted Staff's requested relief to toll the exceptions deadline regarding a proposed First Notice Order to restart to the electric marketing and consumer protection rulemaking under Part 412 (Docket 09-0592).

See 2/21 story for discussion and contents of the proposed order.

As previously reported (2/23), Staff had asked that the proposed rules, which were not attached to the proposed First Notice Order, be issued before the exceptions process begins.

The ALJ ruled as follows:

"Notice is herby given by the Administrative Law Judge that the Motion for First Notice Rule and Extension of Time filed by Staff on February 22, 2011, is granted. The Administrative Law Judge notes the objection stated in BlueStar Energy Services, Inc.’s Response, but points out that the First Notice Rule issued on December 28, 2009, was withdrawn by the Commission prior to the conclusion of the initial one-year notice period on October 26, 2010. Notice in the Illinois Register indicated Part 412 and Part 453 were withdrawn 'due to issues raised by the parties that could not be resolved within the one-year limit for rulemakings.' Part 412: 34 Ill. Reg. 18933; Part 453: 34 Ill. Reg. 18932."

BlueStar had argued that the proposed First Notice Order could not proceed in Docket 09-0592, since the one-year time limit for rulemakings had expired, and that a new proceeding had to be opened to address the new proposed First Notice Order along with the proposed rules.

The ALJ continued:

"The time period set forth in 5 ILCS 100/5-40 (b) does not commence until notice is published in the Illinois Register, thus the statutory time frame in this Docket will not begin until the Rules referenced in the Proposed Order have been published. Since the one-year time limit for the Rules in the Proposed Order has not started, the Administrative Law Judge grants the relief recommended by Staff in its Motion."

"The exceptions schedule contained in the Proposed Order issued on February 18, 2011, is suspended. The Parties shall have 21 days from the date the First Notice Rules are published to file Briefs on Exception followed by an additional 10 days to file Reply Briefs on Exception."

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