Case Number: 11-0580

  • 12/16/2014
    Transcript - Received

    Transcript - December 2, 2014, received.
  • 12/09/2014
    Filing - Appearance

    Additional Appearance of the People of the State of Illinois, filed. (Electronic)
  • 12/04/2014
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that by no later than December 30, 2014, the parties shall mail copies of all bills, invoices and like items in their possession regarding the storm damage alleged by Mr. Davis to have occurred to him on July 11, 2011 to the following address: Claudia E. Sainsot, Administrative Law Judge, Illinois Commerce Commission, 8th floor, 160 North LaSalle St., Chicago, Ill. 60601. Notice also given by the Administrative Law Judge that the hearing scheduled for January 22, 2015 shall be an evidentiary hearing. However, due to Mr. Davis’ health conditions it shall be conducted telephonically. Notice mailed to parties.
  • 12/03/2014
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to January 22, 2015, in Chicago at 1:00 P.M. Notice mailed to parties.
  • 12/02/2014
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to January 22, 2015, in Chicago, at 1:00 P.M.
  • 12/02/2014
    Transcript - Pending

    Transcript pending.
  • 10/10/2014
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to December 2, 2014, in Chicago at 1:00 P.M. Notice mailed to parties.
  • 01/17/2014
    Service - Notice

    Notice given by the Administrative Law Judge that in light of the Commission’s decision to stay the instant proceeding, the hearing scheduled for February 4, 2014,in Chicago, has been cancelled. Notice also given by the Administrative Law Judge that there will be no further action in this matter until resolution of the appeal in Docket 11-0588, Commonwealth Edison Company’s storm damage waiver proceeding. Within five (5) business days after issuance of any opinion by the Appellate Court regarding the appeal of Docket 11-0588, Commonwealth Edison Company shall file and serve said opinion in this proceeding. Notice mailed to parties.
  • 01/16/2014
    Service - Commission Action

    Certificate of Commission Action mailed to parties advising of the action of the Commission on January 14, 2014.
  • 01/14/2014
    Commission Action - General

    The Commission in conference GRANTED the following: Commonwealth Edison Company's Verified Amended Motion to Stay filed on September 30, 2013; and Commonwealth Edison Company's Petition for Interlocutory Review filed on December 3, 2013.
  • 12/16/2013
    Transcript - Received

    Transcript - November 26, 2013, received.
  • 12/03/2013
    Filing - Petition for Interlocutory Review

    Commonwealth Edison Company’s Petition for Interlocutory Review, filed. (Electronic)
  • 12/02/2013
    Service - Hearing Continuance Letter

    Status hearing continued by the Administrative Law Judge to February 4, 2014, in Chicago at 1:00 P.M. Notice mailed to parties.
  • 11/26/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to February 4, 2014, in Chicago, at 1:00 P.M., for status.
  • 11/26/2013
    Transcript - Pending

    Transcript pending.
  • 11/12/2013
    Service - Administrative Law Judge Ruling

    Notice given of the attached Administrative Law Judge's Ruling. Notice mailed to parties.
  • 11/07/2013
    Filing - Response

    Staff of the Illinois Commerce Commission’s Response to Administrative Law Judge’s Ruling dated October 3, 2013, filed. (Electronic)
  • 11/06/2013
    Filing - Response

    Commonwealth Edison Company’s Response to ALJ’s Ruling Dated October 23, 2013, filed. (Electronic)
  • 10/23/2013
    Filing - Response

    Commonwealth Edison Company’s Response and Joinder in Support of Staff’s Motion for Reconsideration, filed. (Electronic)
  • 10/23/2013
    Service - Administrative Law Judge Ruling

    Notice given that this matter comes before the Administrative Law Judge upon motion made by Commission Staff to reconsider a decision made by the Administrative Law Judge to deny a motion to stay the instant matter pending the outcome of the appeal in docket 11-0588, which is: Commonwealth Edison Co., Petition to determine the applicability of Section 16-125(e) liability to events caused by the Summer 2011 storms.
    Staff or any other party has 14 days from the date of this ruling to a.) explain the legal effect of the fact that there is no stay order in docket 11-0588; and b.) explain the legal effect of the case law setting forth standards regarding motions for stay orders upon the issue here. (See, e.g., Certain Underwriters at Lloyd’s, London v. Boeing Co., 385 Ill. App. 3d 23, 36, 895 N.E.2d 940 (1st Dist. 2008), setting forth the well-established rule of law that a moving party for a stay order must prove by clear and convincing evidence that a stay of a proceeding outweighs the potential harm to the party against whom it is operative). Notice also given that the Complainant, Mr. Davis, has submitted proof that he bought a new refrigerator. The Administrative Law Judge requests proof of the amount of that purchase (e.g., an invoice, credit card bill). Status hearing scheduled for October 29, 2013, continued by the Administrative Law Judge to November 26, 2013, in Chicago at 1:00 P.M. Notice mailed to parties.
  • 10/18/2013
    Filing - Motion

    Staff of the Illinois Commerce Commission’s Motion to Reconsider Administrative Law Judge’s Ruling dated October 3, 2013, filed. (Electronic)
  • 10/10/2013
    Service - Notice

    Notice given that the Administrative Law Judge has received the attached exhibits. Notice mailed to parties.
  • 10/03/2013
    Service - Administrative Law Judge Ruling

    Notice given that this matter comes before the Administrative Law Judge (the “ALJ") upon a Verified Amended Motion to Stay and Supplemental Response to the ALJ ruling of September 20, 2013. For the following reasons, the ALJ concludes that this motion does not establish entitlement to a stay and this Motion is therefore denied in its entirety. In the ruling of September 20, 2013, the ALJ asked the Respondent, the Commonwealth Edison Company, (“ComEd”) to explain whether docket 11-0588 has been stayed and the effect of the status of that matter upon the instant matter. That was because previously, ComEd had requested a stay of the instant matter until the appeal of docket 11-0588, a related matter, has been resolved. In the Amended Motion to Stay at p. 4, ComEd stated that no stay had been requested of docket 11-0588. A stay order preserves the status quo. Certain Underwriters at Lloyd’s of London v. Boeing Co., 385 Ill. App. 3d 23, 36, 895 N.E. 2d 940 (1st Dist. 2008). The moving party for a stay order must make out a clear case of hardship or inequity in being required to go forward, if there is even a fair possibility that the stay for which he prays will work damage to someone else. Zurich Insurance Co v. Raymark Industries, 213 Ill. App. 3d 591, 595, 572 N.E.2d 1119 (1st Dist. 1991). ComEd concludes that failure to grant a stay order would “open the floodgates” to potentially thousands of claimants who, depending upon the outcome of the appeal (of docket 11-0588) may or may not have lawful claims against ComEd.” Amended Motion at 7. This factually unsupported assertion does not make out a clear case of hardship or inequity in being required to go forward with the instant matter. Additionally, ComEd has not moved for a stay in docket 11-0588, which is its remedy regarding the effect of the Commission decision in that case. ComEd’s failure to stay the final decision in that docket makes that final decision in full force and effect. See, e.g., S. Ct. Rule 305(k). Additionally, it is not clear from the language in the regulation that ComEd cites, 83 ll. Adm. Code 311.220(c), that this regulation concerns the situation here, as that regulation speaks of the rights of intervenors, which is not the situation here. Notice mailed to parties.
  • 10/01/2013
    Transcript - Received

    Transcript - September 11, 2013, received.
  • 09/30/2013
    Filing - Appearance

    Appearance of Commonwealth Edison Company, filed. (Electronic)
  • 09/30/2013
    Filing - Motion

    Verified Amended Motion to Stay and Supplemental Response of Commonwealth Edison Company, filed. (Electronic)
  • 09/30/2013
    Filing - Motion

    Commonwealth Edison Company's Motion for Leave to Amend Motion to Stay, filed. (Electronic)
  • 09/20/2013
    Service - Administrative Law Judge Ruling

    Notice is hereby given that this matter comes before the Administrative Law Judge upon motion of the Respondent, Commonwealth Edison Co., (“ComEd”) for a stay of the instant proceeding pending the appeal of the final order in ComEd’s storm damage waiver proceeding, docket 11-0588. ComEd cites the pertinent regulation, however, it does not state whether docket 11-0588 has been stayed and the effect of the stay order in that proceeding or the effect of any lack of a stay order in that proceeding upon the instant docket. Additionally, while the regulation cited by ComEd does speak of a stay order, it does not state that the usual requisites for a stay order (See, e.g., generally Markert v. Ryan, 247 Ill. App. 915, 617 N.E.2d 1373 (4th Dist. 1993) must not be met.
    It is therefore ordered that the Respondent has ten days from the date of this ruling to supplement its motion with information about the current status of docket 11-0588 regarding any stay and the effect of any current status in that matter upon the instant docket. Also, the Respondent shall set forth the legal requisites for a stay order and how they apply here. Notice mailed to parties.
  • 09/16/2013
    Filing - Motion

    Respondent's Motion to Stay, filed by Mark L. Goldstein, P.C. (mailed by USPS - September 12, 2013)
  • 09/13/2013
    Service - Hearing Continuance Letter

    Status hearing continued by the Administrative Law Judge to October 29, 2013, in Chicago, at 1:00 P.M. Notice is also given by the Administrative Law Judge that The Complainant, Mr. Davis is again given leave to file any and all receipts, bills, etc., regarding the power outage that occurred on July 11, 2011. The Complainant is further advised to identify this filing by providing the Clerk’s office the following:
    Donald Davis vs Commonwealth Edison Company Docket 11-0580. Notice mailed to parties.
  • 09/11/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to October 29, 2013, in Chicago, at 1:00 P.M., for status.
  • 09/11/2013
    Transcript - Pending

    Transcript pending.
  • 08/12/2013
    Transcript - Received

    Transcript - July 11, 2013, received.
  • 07/12/2013
    Service - Hearing Continuance Letter

    Status hearing continued by the Administrative Law Judge to September 11, 2013, in Chicago, at 1:00 P.M. Notice is also given by the Administrative Law Judge that Mr. Davis is given leave to file copies of his bills, receipts, etc., regarding the power outage that occurred on July 11, 2011, in the instant proceeding. Notice mailed to parties.
  • 07/11/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to September 11, 2013, in Chicago, at 1:00 P.M., for status.
  • 07/11/2013
    Transcript - Pending

    Transcript pending.
  • 05/13/2013
    Transcript - Received

    Transcript - April 24, 2013, received.
  • 04/25/2013
    Service - Hearing Continuance Letter

    Status hearing continued by the Administrative Law Judge to July 11, 2013, in Chicago at 1:30 P.M. Notice mailed to parties.
  • 04/24/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to July 11, 2013, in Chicago, at 1:30 P.M., for status.
  • 04/24/2013
    Transcript - Pending

    Transcript pending.
  • 03/04/2013
    Service - Hearing Continuance Letter

    Status hearing scheduled for March 6, 2013, continued by the Administrative Law Judge to April 24, 2013, in Chicago at 1:30 P.M. Notice mailed to parties.
  • 01/17/2013
    Service - Hearing Continuance Letter

    Status hearing continued by the Administrative Law Judge to March 6, 2013, in Chicgao at 1:30 P.M. Notice mailed to parties.
  • 01/16/2013
    Hearing Report - Continued w/o Hearing

    Case continued on Hearing Report by Administrative Law Judge Sainsot to March 6, 2013, in Chicago, at 1:30 P.M., for status.
  • 11/09/2012
    Transcript - Received

    Transcript - October 25, 2012, received.
  • 10/26/2012
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to January 16, 2013, in Chicago at 1:00 P.M., for status. Notice mailed to parties.
  • 10/25/2012
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to January 16, 2013, in Chicago, at 1:00 P.M., for status.
  • 10/25/2012
    Transcript - Pending

    Transcript pending.
  • 08/08/2012
    Transcript - Received

    Transcript - July 25, 2012, received.
  • 07/26/2012
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to October 25, 2012, in Chicago at 1:00 P.M. Notice mailed to parties.
  • 07/25/2012
    Transcript - Pending

    Transcript pending.
  • 07/25/2012
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to October 25, 2012, in Chicago, at 1:00 P.M.
  • 07/25/2012
    Hearing Report - Administrative Law Judge Ruling

    ComEd shall conduct an investigation of the electric wires on Mr. Davis' side of his block.
  • 06/26/2012
    Transcript - Received

    Transcript - June 12, 2012, received.
  • 06/19/2012
    Service - Hearing Continuance Letter

    Status hearing continued by the Administrative Law Judge to July 25, 2012, in Chicago at 1:00 P.M. Notice mailed to parties.
  • 06/13/2012
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that briefing on the Illinois Attorney General’s Motion to Consolidate this matter with Docket 11-0588 and several other cases will be held in abeyance, pending the outcome of the ruling in Docket 11-0588 regarding this motion. Parties advised by letter.
  • 06/12/2012
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to July 25, 2012, in Chicago, at 1:00 P.M. for status.
  • 06/12/2012
    Transcript - Pending

    Transcript pending.
  • 06/06/2012
    Filing - Motion

    The People of the State of Illinois' Motion to Consolidate Dockets 11-0537, 11-0580, 11-0780, 11-0786, and 11-0588, filed. (Electronic)
  • 06/01/2012
    Filing - Appearance

    Notice of Appearance of the People of the State of Illinois, filed. (Electronic)
  • 03/07/2012
    Transcript - Received

    Transcript - February 22, 2012, received.
  • 02/22/2012
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to June 12, 2012, in Chicago, at 1:00 P.M.
  • 02/22/2012
    Transcript - Pending

    Transcript pending.
  • 02/01/2012
    Service - Notice

    Emergency status hearing scheduled by the Administrative Law Judge on February 22, 2012, (vial telephone) in Chicago at 11:30 A.M. The hearing set for June 12, 2012, will proceed as previously scheduled. Notice also given by the Administrative Law Judge that the parties are advised of the attached Petition filed by Commonwealth Edison Company for a waiver of certain laws regarding storm damage in Docket # 11-0588. Notice mailed to parties.
  • 12/30/2011
    Transcript - Received

    Transcript - December 15, 2011, received.
  • 12/16/2011
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to June 12, 2012, in Chicago at 1:00 P.M. Notice mailed to parties.
  • 12/15/2011
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to June 12, 2012, in Chicago, at 1:00 P.M.
  • 12/15/2011
    Transcript - Pending

    Transcript pending.
  • 12/07/2011
    Service - Notice

    Notice given by the Administrative Law Judge that the hearing scheduled for December 15, 2011, in Chicago at 1:00 P.M., has been changed to 1:30 P.M. Notice mailed to parties.
  • 11/08/2011
    Transcript - Received

    Transcript - October 25, 2011, received.
  • 10/27/2011
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to December 15, 2011, in Chicago at 1:00 P.M., for status. Notice also given by the Administrative Law Judge that Commonwealth Edison Company's tree trimming crew shall notify Mr. Davis when it has completed tree trimming in his area. Parties advised by letter.
  • 10/25/2011
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued tio December 15, 2011, in Chicago, at 1:00 P.M. for status.
  • 10/25/2011
    Transcript - Pending

    Transcript pending.
  • 09/15/2011
    Transcript - Received

    Transcript - August 31, 2011, received.
  • 09/07/2011
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to October 25, 2011, in Chicago at 1:00 P.M. Notice also given by the Administrative Law Judge the ComEd shall send a tree trimming crew out to Mr. Davis’ neighborhood to assess whether tree trimming is necessary in order to reduce the number of power outages that Mr. Davis is experiencing. A person from that crew shall contact Mr. Davis. Notice mailed to parties.
  • 08/31/2011
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Sainsot and continued to October 25, 2011, in Chicago, at 1:00 P.M.
  • 08/31/2011
    Transcript - Pending

    Transcript pending.
  • 08/17/2011
    Filing - Appearance

    Appearance on behalf of Commonwealth Edison Company, filed by Mark L. Goldstein, P.C. (mailed by USPS - August 15, 2011)
  • 08/16/2011
    Service - Notice

    Noticegiven by the Administrative Law Judge that the status hearing scheduled for August 31, 2011, will be conducted by phone. The Administrative Law Judge will phone the complainant at the number on the petition, unless the complainant phones the Administrative Law Judge at (312) 814-5627 and advises of another number to call. Notice mailed to parties.
  • 08/15/2011
    Service - Setting/Prehearing Conference

    Set for status hearing by the Administrative Law Judge on August 31, 2011, in Chicago at 1:00 P.M. Notice mailed to parties.
  • 08/11/2011
    Service - Complaint

    Copy of Complaint served to Respondent.
  • 08/11/2011
    Filing - Formal Complaint

    Complaint, filed by Donald L. Davis. (mailed by USPS - August 9, 2011)