Case Number: 12-0396

  • 11/09/2012
    Service - Order

    Copy of Final Order served electronically to parties.
  • 11/08/2012
    Order Entered - Final

    Final Order entered.
  • 09/12/2012
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that the Commission has extended the deadline for considering the certificate requested in this proceeding by 90 days pursuant to 220 ILCS 5/19-110(f). Notice served electronically to parties.
  • 08/31/2012
    Filing - Petition/Application-Amended

    Amended Application - Additional Supplemental Information, filed by FTR Energy Services, LLC. (mailed by Federal Express - August 30, 2012)
  • 08/03/2012
    Filing - Supplemental Petition

    Amended Application - Supplemental Information, filed by FTR Energy Services, LLC. (mailed by Federal Express - August 2, 2012)
  • 08/03/2012
    Filing - Petition/Application-Amended

    Amended Application, filed by FTR Energy Services, LLC. (mailed by Federal Express - August 2, 2012)
  • 07/30/2012
    Service - Proposed Order

    Proposed Order served electronically to parties.
  • 07/17/2012
    Service - Administrative Law Judge Ruling

    Notice given that the Administrative Law Judge has reviewed the verified response to the July 2, 2012 Notice of Administrative Law Judge’s ruling filed by FTR Energy Services, LLC (“Applicant”) in Docket No. 12-0396, and hereby rules that the information described below shall be filed with the Chief Clerk of the Illinois Commerce Commission ("Commission") on or before July 20, 2012. The response to this ruling shall be verified and must be actually received by the date indicated, regardless of whether the response is filed with the Chief Clerk electronically or as hardcopy. Applicant shall also electronically serve a Word version of its response on the Administrative Law Judge (jvonqual@icc.illinois.gov) by the date indicated. 1. The Applicant is directed to disclose whether it has had any formal or informal complaints filed against it or its affiliates for its provision of any services in the electric or gas industry with any entity or regulatory agency in this or any other jurisdiction during the previous three calendar years. The Applicant is directed to include in its response the nature of the complaint, the jurisdiction, and the ultimate resolution. The settlement of a formal complaint or lawsuit or a stipulation resolving a formal complaint or lawsuit does not excuse the formal complaint or lawsuit from being identified. If no other complaints have been filed during the three calendar years, a statement to that effect should be provided. 2. The Applicant is directed to clarify whether any person it relies upon with respect to compliance with Section 551.90(b), for example, Steve Bogin – Gas Scheduler, is an employee of FTR Energy, LLC. If the persons relied upon, for example Mr. Bogin, are employees of FTR Energy, LLC, the Applicant is directed to provide a revised version of the organizational chart, indicating the position of these persons. If the persons relied upon are not an employees of FTR Energy, LLC, the Applicant is directed to provide a copy of the contract or agreement setting forth the terms (including, but not limited to the service(s) to be provided and the duration of the agreement) through which the services have been secured. 3. With respect to compliance with Section 551.100(a), the Applicant is directed to provide a copy of the contract or agreement setting forth the terms (including but not limited to the service(s) to be provided and the duration of the agreement) through which all individuals listed to meet the requirements have been secured. 4. The Application states that Applicant seeks authority to offer gas service “in all permissible service territories.” Originally Ameren Illinois Company was sent a notice of Applicant’s intent to serve small commercial and residential customers in Ameren’s service territory. The response to the ALJ’s ruling does not include a notification to Ameren. Applicant is directed to indicate whether it intends to serve small commercial customers in Ameren’s service territory and if it does, to notify Ameren. 5. The organizational chart provided as Exhibit 9 to Applicants Response is insufficient as it does not comply with the Commission’s Rule of Practice Section 200.110 (83 Ill. Admin. Code 200.110(b)), requiring at least 12-point font. Further, the organizational chart does not identify the entity it describes; it is unclear whether it is the organizational chart of the Applicant, its parent company, or some other entity. Applicant is directed to file an organizational chart correcting these deficiencies. 6. The Applicant itself must execute and maintain the license or permit bond required by Section 551.50. The Rider identifies Regional Energy Holdings, Inc. as the holder of the bond. The Applicant is directed to provide a bond in compliance with Section 551.50. Notice served electronically to parties.
  • 07/11/2012
    Filing - Motion

    Motion for Protective Order to Protect Confidential and Proprietary Information of FTR Energy Services, LLC and Motion to Appear Pro Hac Vice, filed. (mailed by Federal Express - July 10, 2012)
  • 07/11/2012
    Filing - Response

    Applicant's Response to Notice of Administrative Law Judge's Ruling, filed. (mailed by Federal Express - July 10, 2012)
  • 07/02/2012
    Service - Administrative Law Judge Ruling

    Notice given that the Administrative Law Judge has completed a preliminary review of the application for an alternative gas supplier ("AGS") certificate filed by FTR Energy Services, LLC (“Applicant”) in Docket No. 12-0396, and hereby rules that the information described below shall be filed with the Chief Clerk of the Illinois Commerce Commission ("Commission") on or before July 10, 2012. The response to this ruling shall be verified and must be actually received by the date indicated, regardless of whether the response is filed with the Chief Clerk electronically or as hardcopy. Applicant shall also electronically serve a Word version of its response on the Administrative Law Judge (jvonqual@icc.illinois.gov) by the date indicated.
    Miscellaneous Requirements -
    1. The Applicant is directed to submit an organizational chart demonstrating its corporate structure (including all affiliated companies). 2. The Applicant is directed to disclose whether any formal complaints or lawsuits have been initiated against it or any of its affiliates for provision of any services in the electric or gas industry in this or any other jurisdiction. If yes, the Applicant is directed to include in its response the entity being complained of, the name of the complainant, the date, the case number if applicable, the nature of the complaint, the jurisdiction, the ultimate resolution or current status, and any corrective actions taken. The settlement of a formal complaint or lawsuit or a stipulation resolving a formal complaint or lawsuit does not excuse the formal complaint or lawsuit from being identified. Part 551 Requirements - 3. Section 551.50 states the Applicant shall execute and maintain a license or permit bond issued by a qualifying surety or insurance company authorized to transact business in the State of Illinois in favor of the People of the State of Illinois. The amount of the bond shall equal $150,000. The bond shall be conditioned upon the full and faithful performance of all duties and obligations of the applicant as an AGS and shall be valid for a period of not less than one year. The cost of the bond shall be paid by the applicant. The applicant shall file this bond as part of its application for certification.
    In Attachment D, the Applicant submitted a license or permit bond that is conditioned upon the Applicant doing business as an ARES (Alternative Retail Electric Supplier). The Applicant is directed to submit a license or permit bond (or a rider to the current bond) conditioned upon the full and faithful performance of all duties and obligations of the Applicant as an AGS (Alternative Gas Supplier) in this proceeding pursuant to Section 551.50.
    4. Section 551.80(a) requires that the applicant provide a copy of a Dun & Bradstreet Business Information Report that demonstrates, at a minimum, that the applicant has a Composite Credit Appraisal of "3" or lower and a PAYDEX score of "70" or higher. If the applicant does not have a Dun & Bradstreet Composite Credit Appraisal, the applicant shall provide a copy of an Experian Small Business Intelliscore report that demonstrates, at a minimum, that the applicant has an Intelliscore of "63" or higher. At the time of application for certification, the report shall be no more than 30 days old. The Applicant submitted a Dun & Bradstreet Comprehensive Report that does not contain a Composite Credit Appraisal. To meet the requirements of Section 551.80(a), the Applicant is directed to submit a Dun & Bradstreet Business Information Report that demonstrates, at a minimum, that the Applicant has a Composite Credit Appraisal of "3" or lower and a PAYDEX score of "70" or higher. If the Applicant does not have a Dun & Bradstreet Composite Credit Appraisal, the Applicant is directed to provide a copy of an Experian Small Business Intelliscore report that demonstrates, at a minimum, that the Applicant has an Intelliscore of "63" or higher (in lieu of the Composite Credit Appraisal score only). 5. Section 551.30(a) requires the applicant to publish notice of its application for certification in the Official State Newspaper within 10 days following the filing of the application for certification. The Applicant is directed to file proof of publication with the Clerk of the Commission when the Applicant accomplishes notice of publication. 6. Section 551.30(c) requires the applicant to identify the geographic area or geographic areas in which the applicant seeks to be authorized to offer service and the types of services it intends to offer. The Applicant’s petition lacks specificity; the Applicant simply states that it seeks authority to offer natural gas services in all permissible utility service territories. The Applicant is directed to identify the geographic areas in which it intends to offer service and the type of customers it intends to serve in each territory. 7. Section 551.30(c)(3) requires the applicant to prove it has provided notification to each utility of its intent to serve within that service territory. The Applicant provided a copy of a notification letter to Ameren, Nicor, North Shore, and Peoples indicating its intent to serve electricity to serve residential, commercial, and industrial markets. The Applicant is directed to send each utility a revised letter indicating that it intends to serve gas in the relevant markets. Another deficiency exists in that Ameren’s territory does not allow an outside entity to market to residential customers. The Applicant is directed to remove any indication that it plans to serve residential customers in the revised letter to Ameren. Finally, the notification letters only need to indicate the Applicant’s desire to serve residential and small commercial customers to the remaining territories since that is the limit to the Commission’s certification authority. 8. Section 551.90(b) states an applicant shall be deemed to possess sufficient technical capabilities to serve customers if it has identified individuals on its staff with demonstrated four years natural gas sales experience and two years experience working with the rules and practices established by the North American Energy Standards Board or its successor. The Applicant is directed to indicate whether it has any individual(s) on staff who have these qualifications, and if so identify the person(s). If the individual(s) being used to meet this requirement is (are) not on staff, the Applicant is directed to provide a copy of the contract or agreement between the individual(s) and FTR. 9. Section 551.90(c) states that an applicant shall include in its application an exhibit containing occu¬pational background information on the persons who are being used to meet the requirements of Section 551.90. Applicant is directed to provide an exhibit containing occu¬pational background information on the persons who are being used to meet the requirements of Section 551.90. 10. Section 551.100(a) states the Applicant shall include in its application an exhibit containing occupational background information on the persons who are being used to meet the requirements of Section 551.100, regarding sufficient managerial capabilities. The Applicant has provided information demonstrating that certain individuals meet this requirement. However, these individuals do not work for FTR Energy Services, LLC; they appear to work for a sister company, Viridian Energy. The Applicant is directed to provide a copy of the agreements or contracts between these individuals and FTR Energy Services, LLC or to identify and provide the same required information for in-house staff. 11. Section 551.100(b) requires the applicant to provide an organizational chart indicating the positions of the individuals identified for Section 551.100(a). The Applicant is directed to provide the required organizational chart. Notice served electronically to parties.
  • 06/20/2012
    Filing - Petition/Application

    Application for Certificate of Service Authority, filed by FTR Energy Services, LLC. (mailed by Federal Express - June 19, 2012)