Citizens Utility Board v. Illinois Commerce Commission

(Court opinion corrected 5/21/15.) After review of alternative rate regulation program pursuant to Section 9-244(c) of Public Utilities Act, Illinois Commerce Commission ordered Nicor Gas to refund $72.14 million to its customers based on certain improprieties during program. Citizens Utility Board appealed arguing that Commission applied improper standard of proof and that customers are entitled to additional $155 million in damages. A general allegation about proper standard of proof and general allegation that Commission was acting arbitrarily and capriciously were not sufficient to put Commission on notice of contention on appeal that it applied improper standard of proof. Commission's decision as to Nicor's storage withdrawal activity was supported by substantial evidence.(HUTCHINSON and BURKE, concurring.)