ICC Orders Ameren to Revise Tariff for Consistency with Three-Day Rescission Period

April 15, 2011
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The Illinois Commerce Commission ordered Ameren Illinois to revise the rescission period language in its tariff, such that it is consistent with the three-day rescission period applicable to internet enrollments, as the Commission found in favor of BlueStar Energy Services in a complaint brought by the supplier (09-0460).

Section 453.40(a)(4) of the Administrative Code provides that residential customers may cancel an internet enrollment with an alternative retail electric supplier within three business days of entering into a contract. However, in implementing Purchase of Receivables, Ameren revised its tariff to provide mass market customers with a 10-day rescission period (Background, 12/15).

BlueStar filed a complaint arguing that the tariff must conform to the three-day rescission period contained in the administrative rules, with respect to internet enrollments.

The Commission agreed, calling Ameren's 10-day rescission period "clearly inconsistent" with Section 453.40(a)(4).

"The fact that the UCB-POR tariffs were accepted following the conclusion of Docket Nos. 08-0619 et al. is without consequence," the ICC concluded, rejecting arguments from Ameren and Staff that the extended rescission period is proper since it resulted from the contested POR proceeding. "The adoption of any tariff provision that is inconsistent with a rule must be considered an oversight. Allowing tariff provisions to override or 'trump' Commission rules simply because the tariff is more recent would upend the regulatory structure. Effective tariffs must be within the confines of existing Commission rules (absent a waiver granted under a particular rule). If a rule is in need of revision, the rulemaking process exists for that purpose," the ICC said.

Although the rescission period is being debated in the ongoing Part 453 rulemaking, the Commission noted that any potential revision is not in the near future.

Accordingly, the ICC directed Ameren to revise its tariff to provide a three-day rescission period for internet enrollments by residential customers. The Commission recognized that Ameren does not currently have a means of knowing how a residential customer enrolls with a supplier (whether it be by internet, telephone, or otherwise), and therefore directed BlueStar, Ameren, and the Office of Retail Market Development to cooperate in developing a simple method of identifying internet enrollments.

Ameren is to submit its revised tariffs within 14 days.

The order does not alter the tariffed 10-day rescission period for any type of enrollment other than internet enrollments.

BlueStar has also filed a complaint against ComEd seeking similar relief with regard to the rescission period for internet enrollments (2/21)

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