Response Comments on Behalf of the Illinois Competitive Energy Association
The Illinois Competitive Energy Association, pursuant to the Administrative Law Judge’s (“ALJ”) Ruling dated May 3, 2018 (“Ruling”), respectfully submits these Verified Response Comments in response to Supplemental Initial Comments filed on July 13, 2018. ICEA specifically responds to CUB/EDF, Elevate, Mission:data, Ameren, and ComEd. No party has adequately addressed or ameliorated the fatal legal shortcomings raised by the AG and ICEA in their respective motions to dismiss (collectively “Motions to Dismiss”), by Ameren in response to the Motions to Dismiss, or ComEd in Supplemental Initial Comments. While CUB/EDF, Ameren, and Mission:data have proposed alternatives in Supplemental Initial Comments, none of these alternatives sufficiently address the fatal legal shortcomings raised by the AG or ICEA.
In light of the continued shortcomings of the proposals in the record, ICEA recommends that the Commission reconsider granting the Motions to Dismiss. In the alternative, ICEA recommends that the Commission enter an order finding that no proposal before it sufficiently meets the legal standard set out in ICC Docket No. 15-0073 for adopting a non-RES third party bulk warrant process.
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Response Comments | Reply Comments | Surrebuttal Comments | Final Comments | Position Statement
Reply Comments on Behalf of the Illinois Competitive Energy Association
The Illinois Competitive Energy Association, pursuant to the schedule as modified in the Administrative Law Judge’s (“ALJ”) Ruling dated November 16, 2018 (“Ruling”), respectfully submits these Verified Reply Comments in response to Response Comments filed on August 24, 2018. In ICEA’s Verified Response Comments, ICEA noted that no party has adequately addressed or ameliorated the fatal legal shortcomings raised by the AG and ICEA in their respective motions to dismiss (collectively “Motions to Dismiss”),1 by Ameren in response to the Motions to Dismiss, or ComEd in Supplemental Initial Comments.
After reviewing the Response Comments of other parties, ICEA continues to believe no party has adequately addressed the fatal legal shortcomings. The only material change in Responses was in the proposal of Ameren. However, even Ameren’s proposal as clarified does not meet the Commission’s legal standard for approval. Because no party has proposed a thirdparty bulk warrant process that meets the statutory standards as interpreted in ICC Docket No. 15-0073, ICEA recommends that the Commission not adopt any non-RES third party bulk warrant process at this time.
Read the FULL Reply Comments here… (PDF)
Surrebuttal Comments on Behalf of the Illinois Competitive Energy Association
The Illinois Competitive Energy Association, pursuant to the schedule as modified in the Administrative Law Judge’s (“ALJ”) Ruling dated November 16, 2018 (“Ruling”), respectfully submits these Verified Surreply Comments in response to Response Comments filed on August December 7, 2018. Primarily, ICEA responds to the new proposal labeled as the Joint Process Proposal, as well as Reply Comments filed by Staff, CUB/EDF/Elevate, and Mission:data.
I. INTRODUCTION
The present docket has been open for over 21 months, with initial proposals filed over 19 months ago. While substantial discussion and collaboration has been made and parties have worked hard to come up with solutions, the same legal threshold issues raised by the AG and ICEA on Motions to Dismiss and in later pleadings do not appear to have been adequately addressed. While ICEA does not foreclose the possibility that a bulk warrant system that is compliant with the Public Utilities Act and the Commission’s Final Order in ICC Docket No. 15-0073, ICEA is pessimistic that additional time and attempts in this docket will lead to such a system given the record at this time.
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Final Comments on Behalf of the Illinois Competitive Energy Association
The Illinois Competitive Energy Association, pursuant to the schedule as modified in the Administrative Law Judge’s (“ALJ”) Ruling dated November 16, 2018 (“Ruling”), respectfully submits these Verified “Final” Comments in response to Surreply Comments filed on December 21, 2018.
Because the Joint Process Proposal advocated by certain parties was only submitted for the first time in Reply Comments, Staff, the AG, and ICEA were first able to provide critiques in Surreply Comments. Staff and the AG present several powerful critiques of the Joint Process Proposal, especially with regard to baseless arguments that the Joint Process Proposal complies with the Commission’s mandate in ICC Docket No. 15-0073. Although ICEA takes no position on from whom costs can or should be recovered, ICEA otherwise agrees with the arguments presented by Staff and the AG.
Read the FULL Final Comments here… (PDF)
Position Statement on Behalf of the Illinois Competitive Energy Association
The Illinois Competitive Energy Association, pursuant to the schedule as modified in the Administrative Law Judge’s (“ALJ”) Ruling dated September 15, 2019, respectfully submits this Position Statement. As ICEA has noted consistently throughout the proceeding, no party has adequately addressed or ameliorated the fatal legal shortcomings raised by the AG and ICEA in their respective motions to dismiss (collectively “Motions to Dismiss”) or by Staff in its Reply Comments.
ICEA is unable at this time to conclude that it would be impossible to create a bulk warrant system for non-RES third parties to access interval data that comply with legal requirements including Section 16-122 of the Public Utilities Act and the Commission’s Order in ICC Docket No. 15-0073. Nevertheless, none of the proposals raised in this docket—including that appears to be the only active recommendation, labeled the “Joint Process Proposal”—meet these legal minimums. Therefore, because no process in this docket meets the minimum legal standards, the Commission should not adopt any bulk warrant processes for non-RES third parties to access interval data at this time.