Case Number: 10-0628

  • 12/16/2010 5:00 PM
    Deadline

    Deadline for Commission action (& up to 10 days).
  • 11/22/2010 3:00 PM
    Ruling

    83 Ill. Adm. Code 551.50 License or Bond Permits The license or permit bond required to be filed by Vanguard Energy Services , LLC (“Applicant”) with its application as required by Section 551.50, shall be its original license or permit bond. \\ 83 Ill. Adm. Code 551.80 Financial Qualifications Section 551.80 (a) requires Applicant to provide a copy of a Dun & Bradstreet Business Information Report that demonstrates, at a minimum, that Applicant has a Composite Credit Appraisal of “3” or lower and a PAYDEX score of “70” or higher. At the time of application for certification, the report shall be no more than 30 days old. In Attachment E, Applicant provided a Dun & Bradstreet Business Information Report demonstrating that Seminole Energy Services, LLC has a Composite Credit Appraisal of 2 and a PAYDEX of 79 as of October 18, 2010. Applicant has failed to comply with Section 551.80(a). Applicant shall furnish, pursuant to Section 551.80, a Dun & Bradstreet Business Information Report that demonstrates, at a minimum, that Applicant has a Composite Credit Appraisal of 2 and a PAYDEX of 79 as of October 18, 2010. \\ 83 Ill. Adm. Code 551.90 Technical Qualifications Section 551.90(b) requires Applicant to show that it has employees who have four years of natural gas sales experience and two years experience working with North American Energy Standards Board (“NAESB”) rules and practices. Applicant’s Attachment F contains employee biographies, but it is not clear as to whom, if anyone, has the required four years of natural gas sales experience and two years experience working with NAESB. Applicant shall provide the required information pursuant to Section 551.90 (b), clearly noting which employees meet the criteria and how many years of experience they have. \\ 83 Ill. Adm. Code 551.100 Section 551.100 requires Applicant to show that it has two or more employees who have four or more years of in a management position with financial and administrative responsibilities and four years of natural gas sales experience. Applicant’s Attachment G contains employee biographies, but it is not clear as to whom, if anyone, has four or more years in a management position with financial and administrative responsibilities and four years of natural gas sales experience. Applicant shall provide the required information pursuant to Section 551.100, clearly noting which employees meet the criteria and how many years of experience they have. \\ 83 Ill. Adm. Code 551.100 Applicant failed to provide, as required by Section 551.100(b), an organizational chart indicating the position of persons used to satisfy Part 551.100. Applicant shall file the organizational chart required by Section 551.100(b). 220 ILCS 5/19-110 Applicant only partially addressed the information required by Section 19-110(d)(1), (2),(3) and (4), failing to state (1) whether it has been denied a natural gas supplier license in any state of the United States; (2) whether Applicant has had a natural gas supplier license suspended or revoked by any state of the United States; (3) where, if any, other natural gas supplier license applications are pending in the United States; (4) whether Applicant is the subject of any lawsuits filed in a court of law or formal complaints filed with a regulatory agency alleging fraud, deception or unfair marketing practices, or other similar allegations, identifying the name, case number, and jurisdiction of each such lawsuit or complaint. Applicant shall furnish all of the information required by Section 19-110(d)(1), (2), (3), and (4). \\ 220 ILCS 5/19-110 Applicant did not address the information required by Section 5/19-110(e)(1)(C), failing to demonstrate its commitment of resources to the sales and marketing staff through affirmative managerial policies, independent audits, technology, hands-on field monitoring and training, and, in the case of applicants who will have sales personnel or sales agents within the State of Illinois, the applicant’s managerial presence within the State. Applicant shall furnish all of the information required by Section 5/19-110(e)(1)(C).