Initial Brief on Behalf of the Illinois Competitive Energy Association
The Illinois Competitive Energy Association, pursuant to Section 200.800 of the Illinois Commerce Commission’s (“Commission”) Rules of Practice (83 Ill. Admin. Code § 200.800), respectfully submits this Verified Initial Brief in the above-captioned Docket. The Commission should reject ComEd’s proposed Rate RTOUPP, reject ComEd’s proposed Integrated Distribution Company (“IDC”) rule waiver, and adopt ICEA’s proposed data access approach.
While ARES face multiple barriers to offering time variant supply products and services, no barrier is more important than inadequate access to interval data for pricing customers. Whether because of that or other barriers, the record in this docket reflects that the competitive retail market for time-variant products and services has not developed the way any stakeholder would have liked.
The best solution to this problem is to identify and eliminate barriers to ARES offering time-variant products and services. The Commission has repeatedly stated its desire for an investigation into barriers if the competitive retail market does not develop as hoped. ICEA has already identified a significant barrier: challenges to ARES accessing interval data in an efficient or cost-effective manner. ICEA proposes a limited, but practical, solution to that barrier in the present docket: require ComEd to use AMI interval data as the standard for billing and settlement data.
Reply Brief on Behalf of the Illinois Competitive Energy Association
The Illinois Competitive Energy Association, pursuant to Section 200.800 of the Illinois Commerce Commission’s (“Commission”) Rules of Practice (83 Ill. Admin. Code § 200.800), respectfully submits this Verified Reply Brief in the above-captioned Docket. ICEA has reviewed the Initial Briefs of ComEd, Staff, the AG, and CUB/EDF. Nothing in those Initial Briefs justifies a departure from ICEA’s recommendations. As ICEA recommended in its Initial Brief, the Commission should reject ComEd’s proposed Rate RTOUPP, reject ComEd’s proposed Integrated Distribution Company (“IDC”) rule waiver, and adopt ICEA’s proposed data access approach.
ICEA’s arguments and conclusions in its Initial Brief were largely reinforced by the Initial Briefs of other parties. While the parties each had different conclusions, there appeared to be minimal debate over the core facts. No party disputed that ComEd has not established that there is any demand for Rate RTOUPP—ICEA and the AG conclude that ComEd has not sufficiently justified Rate RTOUPP, while ComEd and CUB/EDF believe this fact is part of the justification. There is no debate as to how the Purchased Electricity Adjustment (PEA) works mechanically — ComEd argues that it does not intend to use the PEA in an anti-competitive effort while ICEA established that the PEA will be anti-competitive despite ComEd’s best efforts to keep it competitively neutral. There is no debate that ComEd seeks to recover Rate RTOUPP costs from all Rate BESH customers if there is too little interest in Rate RTOUPP—ComEd argues that this is justifiable while ICEA demonstrated it is an anti-competitive effect that is not justified for a voluntarily-offered rate. There is no debate that the competitive retail market does not currently offer many time-variant products—ComEd and CUB/EDF believe this is a justification for Rate RTOUPP, while ICEA demonstrated that Rate RTOUPP is simply another barrier to ARES product development to go along with inadequate access to data.
Final Order for 18-1725/18-1824 (Consol.)
V. FINDINGS AND ORDERING PARAGRAPHS
The Commission, having considered the entire record herein and being fully advised in the premises, is of the opinion and finds that:
(1) Commonwealth Edison Company is an Illinois corporation engaged in the transmission, distribution, and sale of electricity to the public in Illinois and is a public utility as defined in Section 3-105 of the Public Utilities Act;
(2) the Commission has jurisdiction over the parties and the subject matter herein;
(3) the recitals of fact and conclusions of law reached in the prefatory portion of this Order are supported by the evidence of record and are hereby adopted as findings of fact and conclusions of law;
(4) the proposed Rate RTOUPP, as modified herein, is just and reasonable and should be approved;
(5) the proposed revisions to Commonwealth Edison Company’s Integrated Distribution Company Implementation Plan are appropriate, necessary to implement Rate RTOUPP, and should be approved;
(6) Commonwealth Edison Company should be directed to file Rate RTOUPP, consistent with the conclusions in this Order, within seven (7) business days after the entry of this Order with an effective date no earlier than two (2) business days after such filing is made; and
(7) Staff should file a report regarding the competitive barriers to Alternative Retail Electric Suppliers offering time variant products.
IT IS THEREFORE ORDERED that Commonwealth Edison Company’s Rate RTOUPP, as modified herein, is approved.
IT IS FURTHER ORDERED that Commonwealth Edison Company is authorized to file new tariff sheets in accordance with Finding (6) and the prefatory part of this Order, applicable to service furnished on and after the effective date of said tariff sheets.
IT IS FURTHER ORDERED that Commonwealth Edison Company is authorized to incorporate within its Integrated Distribution Company Implementation Plan the revisions discussed herein.
IT IS FURTHER ORDERED that Staff is directed to file a report regarding the competitive barriers to Alternative Retail Electric Suppliers offering time-variant products.
IT IS FURTHER ORDERED that any motions, petitions, objections, and other matters in this proceeding that remain outstanding are hereby disposed of consistent with the conclusions herein.
IT IS FURTHER ORDERED that pursuant to Section 10-113(a) of the Public Utilities Act and 83 Ill. Adm. Code 200.880, any application for rehearing shall be filed within 30 days after service of the Order on the party.
IT IS FURTHER ORDERED that subject to the provisions of Section 10-113 of the Public Utilities Act and 83 Ill. Adm. Code 200.880, this Order is final; it is not subject to the Administrative Review Law.
By Order of the Commission this 2nd day of October, 2019.