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BEFORE THE
ILLINOIS COMMERCE COMMISSION
BENCH MEETING
(PUBLIC UTILITY)
Chicago, Illinois
Wednesday, December 7, 2011
Met, pursuant to notice, at 10:30 a.m. in
N801, Eighth Floor, 160 North LaSalle Street,
Chicago, Illinois.
PRESENT:
DOUGLAS P. SCOTT, Chairman
LULA M. FORD, Commissioner
ERIN M. O'CONNELL-DIAZ, Commissioner
SHERMAN J. ELLIOTT, Commissioner
via videoconference
JOHN T. COLGAN, Acting Commissioner
via videoconference
SULLIVAN REPORTING COMPANY, by
Alisa A. Sawka, CSR, RPR
License No. 084-004588
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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 Chicago are
Commissioners Ford and O'Connell-Diaz, and with us in
Springfield are Commissioner Elliott and Acting
Commissioner Colgan. I'm 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 Bench Session. According
to the Chief Clerk's Office, we have no requests to
speak at today's session.
(Whereupon, the Transportation
Agenda is contained in a
separate transcript.)
CHAIRMAN SCOTT: Moving on to the Public
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Utility Agenda. We'll begin today with approval of
minutes from prior Commission Meetings. Up first are
minutes from our November 8th Regular Open Meeting.
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 O'CONNELL-DIAZ: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say, Aye.
(Chorus of ayes.)
CHAIRMAN SCOTT: Any opposed?
(No response.)
CHAIRMAN SCOTT: The vote is 5 to nothing and
amendments to the November 8th ROM minutes are
adopted.
Is there a motion to approve the
minutes as amended?
COMMISSIONER O'CONNELL-DIAZ: So moved.
ACTING COMMISSIONER COLGAN: So moved.
CHAIRMAN SCOTT: Is there a second?
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COMMISSIONER FORD: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say, Aye.
(No response.)
CHAIRMAN SCOTT: Any opposed?
(No response.)
CHAIRMAN SCOTT: The vote is 5 to nothing and
the November 8th Regular Open Meeting minutes as
amended are approved.
We also have approval of minutes from
our November 8th Joint Policy Committee Meeting. 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 O'CONNELL-DIAZ: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say, Aye.
(No response.)
CHAIRMAN SCOTT: Any opposed?
(No response.)
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CHAIRMAN SCOTT: The vote is 5 to nothing and
the amendments to the November 8th Policy Committee
Meeting minutes are adopted.
Is there a motion to approve the
minutes as amended?
COMMISSIONER O'CONNELL-DIAZ: So moved.
CHAIRMAN SCOTT: Is there a second?
COMMISSIONER FORD: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say, Aye.
(Chorus of ayes.)
CHAIRMAN SCOTT: Any opposed?
(No response.)
CHAIRMAN SCOTT: The vote is 5 to nothing and
the November 8th Policy Committee Meeting minutes as
amended are approved.
Turning next to the Electric Portion
of today's Agenda. Item E-1 concerns commencing a
reconciliation proceeding involving Mt. Carmel Public
Utility Company over revenues collected under fuel
adjustment charges. Staff recommends entry of an
Order commencing the proceeding.
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Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Is there a motion to enter the
Order?
ACTING COMMISSIONER COLGAN: So moved.
CHAIRMAN SCOTT: Is there a second?
COMMISSIONER ELLIOTT: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
All in favor say, Aye.
(Chorus of ayes.)
CHAIRMAN SCOTT: Any opposed?
(No response.)
CHAIRMAN SCOTT: The vote is 5 to nothing and
the Order is entered.
We will use this 5 to nothing vote for
the remainder of today's Public Utility Agenda unless
otherwise noted.
Item E-3 concerns a filing by
MidAmerican to update its Rider 12, Nuclear
Decommissioning Factor to retain the existing rate of
zero cents per kilowatt hour. Staff recommends
approving the Company's request by not suspending the
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filing.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the filing will
not be suspended.
Item E-3 is the remand of Docket
No. 07-0566, ComEd's 2007 rate case. This item will
be held for disposition at a future Commission
Proceeding. I believe the deadline for that is
February 23rd of 2012.
Item E-4 is Docket Nos. 11-0279 and
11-0282 consolidated. This is the rate cases for
Ameren's electric and gas operations and before us
today is the Company's motion to sever the electric
docket from the gas docket and dismiss the electric
proceeding. This matter will also be held for
disposition at a future Commission proceeding.
Either ALJ Yoder or Albers, are there
any public comments that we need to take mind of?
JUDGE ALBERS: Yes. We would just let you know
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that yesterday and this morning the Commission
received 256 letters asking the Commission to deny
the motion to sever and terminate the electric
docket.
CHAIRMAN SCOTT: Thank you.
Items E-5 and E-6 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 Yoder recommends entry of an Order granting the
requested Certificate.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Orders are
entered and the Certificates are granted.
Item E-7 is Docket No. 11-0713. This
is AEP Energy Retail Partner's Application for a
Certificate of Service Authority to operate as an
alternative retail electric supplier. ALJ Wallace
recommends entry of an Order granting the requested
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Certificate.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Order is
entered and the Certificate is granted.
Item E-8 is Docket No. 10-0732. This
is Lou Kusay's complaint against Ameren concerning
improper billing. ALJ Albers recommends entry of an
Order denying Mr. Kusay's complaint.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Order is
entered and the complaint is denied.
Item E-9 is Docket No. 11-0308. This
is April Hudson's billing complaint against ComEd.
ALJ Riley recommends entry of an Order dismissing the
proceeding without prejudice.
Is there any discussion?
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(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Order is
entered and the matter is dismissed.
Item E-10 is Docket No. 11-0366. This
is Patricia Callion's complaint against ComEd. ALJ
Sainsot recommends entry of an Order dismissing the
proceeding with prejudice.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Order is
entered and the matter is dismissed.
Item E-11 is Docket No. 11-0404. This
is Kemberly Martin's complaint against ComEd. ALJ
Sainsot recommends entry of an Order dismissing the
complaint without prejudice for want of prosecution.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
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(No response.)
CHAIRMAN SCOTT: Hearing none, the Order is
entered and the matter is dismissed.
Items E-12 and E-13 can be taken
together. These items are customer complaints
against ComEd. In each case the parties have
apparently settled their differences and have brought
a Joint Motion to Dismiss the matter, which the ALJ
recommends we grant.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Joint
Motions to Dismiss are granted.
Turning now to Natural Gas. Item G-1
concerns commencing reconciliation proceeding for
various Illinois natural gas utilities concerning
revenues collected under gas adjustment charges.
Staff recommends entry of an Order commencing the
proceedings.
Is there any discussion?
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(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Order is
entered.
Item G-2 is Docket No. 06-0346. This
concerns a petition filed by Nicor in 2006 seeking
confidential and/or proprietary treatment for its
money pool activity report. ALJ Sainsot recommends
dismissing the docket without prejudice.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the matter is
dismissed.
Items G-3 and G-4 can be taken
together. These items concern reconciliation
proceeding for AmerenCILCO, an Illinois gas company,
over revenues collected under gas adjustment charges.
In each case ALJ Albers recommends entry of an Order
approving the reconciliation.
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Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Orders are
entered.
Item G-5 is Docket No. 11-0046. This
is the AGL-Nicor merger case and ALJ Gilbert
recommends entry of an Order approving the
reorganization subject to the conditions identified
in the Appendix to the Order.
Commissioner O'Connell-Diaz, I believe
you have some revisions you'd like to introduce here?
COMMISSIONER O'CONNELL-DIAZ: Thank you,
Mr. Chairman.
First of all, I'd like to thank all
the parties that were involved in this docket as well
as Judge Gilbert for giving the Commission a clear
record and a good Order. With that said, there's
some changes -- three changes that I have proposed to
enhance this Order. And this is to address some
concerns relative to the fact that the Company that
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is going to be the successor entity is, in fact, an
out-of-state company at this point in time. And in
order to, you know, keep things going forward in
Illinois, we felt it was -- or I should say, I felt
it was important to have these changes reflected in
the Order to ensure appropriate Illinois
representation.
The first change that I have proposed,
and it has been circulated among my colleagues, is
that we note that under the provisions of the Act the
Commission has a longstanding policy that we
encourage Illinois-regulated entities to be involved
in the economic development and social programs in
our communities. And based on this rationale, the
Commission finds it reasonable and in fulfillment of
those goals that the Joint Applicants by committed to
maintaining Nicor Gas's proactive stance on economic
development within Illinois.
In furtherance of this requirement, we
direct that the Joint Applicants continue such
activities at a minimum level that Nicor Gas
currently commits to the various social and
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charitable programs throughout the Illinois service
territories.
Additionally, this does not presume
the reasonableness of those expenses that would be
put forth in a rate proceeding and they would go
under the same scrutiny that would normally occur
under the Section 9-227 analysis.
The second change has to do with the
fact, again, that this Company's going to be --
certainly not -- you know, certainly within our
purview, but they will be managed from a distance.
And so what we have come up with -- or I should I
have suggested to my colleagues -- is a direction to
AGL that as long as it owns, controls or manages
Nicor Gas or a successor entity, it shall have at
least one non-employee individual resident of
Illinois on AGL's Board of Directors. AGL shall have
the sole discretion in selecting such qualified
candidates. We find that this requirement will
further satisfy the spirit and the goals of the
provisions of the Act by ensuring that the AGL Board
of Directors includes a member having firsthand
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knowledge of the issues and concerns unique to
Illinois utilities and their customers.
And the third and final requirement or
condition is that in order that the Commission be
apprised of the compliance of AGL of the many
commitments that are reflected throughout the Order
as well as Appendix A, the Commission directs that
the CEO of AGL on an annual basis shall appear before
the Commission to report on the status of its
compliance with this Order.
And we have circulated this. I have
had some good additions from the Chairman's Office
with regard to the initial stab at this language, and
I thank his Office for that. And so I would leave it
to my colleagues to support these revisions. They
would be reflected in the Appendix A as separate
entries on that Appendix A. And those have been
circulated to all the Commissioners.
Thank you.
CHAIRMAN SCOTT: Thank you, Commissioner.
Would you move then for adoption of
the revisions?
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COMMISSIONER O'CONNELL-DIAZ: I would move for
the adoptions of these wonderful revisions.
CHAIRMAN SCOTT: I will second that motion.
Is there any further discussion on the
revisions?
(No response.)
CHAIRMAN SCOTT: All in favor of the revisions
say, Aye.
(Chorus of ayes.)
CHAIRMAN SCOTT: Any opposed?
(No response.)
CHAIRMAN SCOTT: The vote is 5 to nothing and
Commissioner O'Connell-Diaz's revisions are adopted.
Is there any further discussion on
this matter?
(No response.)
CHAIRMAN SCOTT: We'll move then to the Order
as revised.
I'll move to adopt it. Is there a
second?
COMMISSIONER FORD: Second.
CHAIRMAN SCOTT: It's been moved and seconded.
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All in favor say, Aye.
(Chorus of ayes.)
CHAIRMAN SCOTT: Any opposed?
(No response.)
CHAIRMAN SCOTT: The vote is 5 to nothing and
the Order as amended is adopted.
And thank you to all the offices to
the parties as well as to Judge Gilbert who -- I
second what Commissioner O'Connell-Diaz said -- did a
fine job on that for all the hard work. So thank you
very much, Judge -- who's kind of hiding in the
background. So thank you very much, Judge.
COMMISSIONER FORD: Thank you.
CHAIRMAN SCOTT: Moving on to Item G-6 is
Docket Nos. 11-0280 and 11-0281 consolidated. This
is the Peoples and North Shore Gas rate case. As
previously noticed to the parties, we will be holding
oral argument in this matter on Tuesday,
December 13th at 1:15 p.m. in the Commission's
Chicago offices.
Item G-7 is Docket No. 11-0679. This
is Glacial National Gas's Application for a
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Certificate of Service Authority to operate as an
alternative gas supplier. ALJ Wallace recommends
entry of an Order granting the requested certificate.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Order is
entered and the Certificate is granted.
Item G-8 is Docket No. 11-0710. This
concerns the Commission setting the return on equity
for the proposed Leucadia Clean Cole Synthetic
Natural Gas Facility. ALJ Wallace recommends that
the Commission enter an Interim Order setting the
base return on equity at 4.44 percent.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Interim
Order is entered.
Moving now to Telecommunications.
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Item T-1 concerns setting maximum rates and charges
for operator service providers pursuant to Title 83
Section 770.40 sub (e) of the Administrative Code.
Staff recommends entry of an Order setting new
maximum rates.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Order is
entered.
Items T-2 is Docket No. 10-0492. This
is CAL Communication's Application for designation as
an eligible telecommunications carrier. ALJ Riley
recommends granting the Company's request to withdraw
its application without prejudice.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objection?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Application
is withdrawn.
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Moving on to Water and Sewer. Item
W-1 concerns Illinois-American Water Company's recent
filing proposed increase in its water and sewer
rates. Staff recommends entering a Suspension Order
suspending the filing and setting the matter for
hearings.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the Suspension
Order is entered.
We have one miscellaneous item today.
Item M-1 concerns consideration of a resolution
adopting revised Forms 21 ILCC and 22 ILCC for annual
reports. Staff recommends that the Commission adopt
a resolution adopting these forms.
Is there any discussion?
(No response.)
CHAIRMAN SCOTT: Any objections?
(No response.)
CHAIRMAN SCOTT: Hearing none, the resolution
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is adopted.
Judge Wallace, are there any other
matters to come before the Commission today?
JUDGE WALLACE: No, that's all, Mr. Chairman.
CHAIRMAN SCOTT: Thank you, sir.
Hearing none, this meeting stands
adjourned.
MEETING ADJOURNED
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