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) and the case schedule set by the Administrative Law Judge, respectfully submits this Verified Initial Brief in the above-captioned Docket. The Commission should protect the integrity of the competitive retail electric market and its own functional separation rules by stopping ComEd from using interval data without customer consent in a manner that is inconsistent with law and policy.
ICEA has two recommendations: First, the Commission should reject ComEd’s proposed changes to Rate RRTP because ComEd is proposing an anti-competitive program whose justifications do not withstand scrutiny. The proposed program’s fatal legal and policy flaws are independently sufficient for the Commission to reject ComEd’s proposal.
Second, the Commission should order ComEd to use interval data from AMI meters for billing and settlement of all customers. ICEA expects this step to remove the primary barrier to alternative retail electric suppliers (“ARES”) offering more time-of-use and dynamic-priced retail energy products that allow customers to get value from their advanced meters.
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) and the case schedule set by the Administrative Law Judge, respectfully submits this Verified Reply Brief in the above-captioned Docket.
In its Initial Brief, ICEA made two recommendations. First, ICEA recommended that the Commission reject ComEd’s proposed changes to Rate RRTP because the changes are anticompetitive, insufficiently justified, and appear inconsistent with the Commission’s Integrated Distribution Company (“IDC”) rules. Second, given that ICEA anticipated no dispute on the value of time-variant products and services, ICEA recommended that the Commission order ComEd to use AMI-generated interval data as the standard data for billing and settlement for alternative retail electric suppliers (“ARES”).
ICEA has reviewed the Initial Briefs of Staff and ComEd, and nothing in either brief caused ICEA to change its position. First, ComEd did not rebut ICEA’s arguments about the anticompetitive nature of ComEd’s proposed change to Rate RRTP. Second, ComEd still is unable to justify using customer data without consent—and ratepayer money to market and subsidize the bills—of customers who will save money on Rate RRTP but who ComEd cannot establish will bring system benefits. Third, ComEd’s IDC arguments fail to address ICEA’s legal concerns. Fourth, ComEd’s reasons for rejecting ICEA’s proposed change to ARES data access is inadequately supported and should be rejected.
For these reasons, as further explained below, the Commission should reject ComEd’s proposed changes to Rate RRTP and adopt ICEA’s proposal regarding billing and settlement data.
Brief on Exceptions on Behalf of the Illinois Competitive Energy Association
The Illinois Competitive Energy Association, pursuant to Section 200.830 of the Illinois Commerce Commission’s (“Commission”) Rules of Practice (83 Ill. Admin. Code § 200.830), respectfully submits this Verified Brief on Exceptions in the above-captioned Docket. ICEA respectfully but strongly disagrees with the findings and conclusions of the Proposed Order; however, ICEA will limit itself to two Exceptions and an additional request.
ICEA presented a broad range of well-supported reasons for the Commission to reject ComEd’s proposed changes to Rate RRTP. It appears that each of ICEA’s arguments—either directly or sub silentio—has been rejected. While ICEA respectfully but strongly disagrees with this particular outcome for a range of reasons, ICEA wishes to focus on two critical issues in the Proposed Order. The first issue is the Proposed Order’s interpretation of Section 16-119A(e) of the Public Utilities Act without a limiting principle, which would divest the Commission of its oversight role over ComEd for residential real-time pricing tariffs. The second issue is the Proposed Order’s incorrect and unsupported finding ComEd does not have a competitive advantage over ARES time-variant products and services given ComEd’s position that it can access and analyze interval data for a broad swath of customers without consent and subsidize customers with ratepayer money. In addition, ICEA respectfully requests that the Commission—even if it does not change its ultimate conclusion—provide more detailed findings and analysis in addressing (and, as the case may be, rejecting) ICEA’s arguments.
Final Order for 18-1772
IV. 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 revisions to Rider RRTP, as detailed herein, are just and reasonable and should be approved; and
(5) Commonwealth Edison Company should be directed to file a revised Rider RRTP, 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.
IT IS THEREFORE ORDERED that Commonwealth Edison Company’s Rider RRTP, as modified herein, is approved.
IT IS FURTHER ORDERED that Commonwealth Edison Company is authorized to file new tariff sheets in accordance with Finding (5) and the prefatory portion of this Order, applicable to service furnished on and after the effective date of said tariff sheets.
IT IS FURTHER ORDERED that the tariff sheets for Rider RRTP to be revised by this Order are hereby permanently cancelled and annulled, effective at such time as the new tariff sheets approved herein become effective by virtue of this Order.
IT IS FURTHER ORDERED that any motions, petitions, objections, and other matters in this proceeding which 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 18th day of September, 2019.