Illinois Commerce Commission (ICC), which had issued Petitioner a certificate to operate as an alternative retail electric supplier, assessed a $1 million penalty against Petitioner for violating multiple regulations as to sales practices. Petitioner's regulatory violations were not inadvertent. Testimony of ICC's director of consumer services division as to persistent consumer complaints of confusion or alleged deception about the offers and/or nature of transactions by door-to-door sales teams provided sufficient basis for ICC's conclusion that Petitioner harmed Illinois consumers and the retail market. ICC was justified in concluding that Petitioner's actions warranted a substantial financial penalty. ICC exceeded its authority by requiring Petitioner to file its customer list and proposed voluntary refunds after final order was entered, and by allowing parties to then object to any inaccuracies in Petitioner's calculations. (BIRKETT and BRENNAN, concurring.)
Illinois Appellate Court
Civil Court
Utilities