Case Number: 12-0442

  • 02/15/2013
    Service - Commission Action

    Certificate of Commission Action mailed to parties advising of the action of the Commission on February 14, 2013.
  • 02/14/2013
    Commission Action - Dismissal w/o Order

    The Commission in conference entered an Order to GRANT without Prejudice the Motion to Dismiss filed by Sunrise Continuing Care, LLC on January 25, 2012.
  • 01/29/2013
    Service - Administrative Law Judge Ruling

    Notice given that the matter was marked “Heard and Taken” by the Administrative Law Judge on January 28, 2013.
    Notice also given that the hearing scheduled for March 5, 2013, in Chicago, has been cancelled. Notice served electronically to parties.
  • 01/25/2013
    Filing - Motion

    Motion to Dismiss filed by Paul F. Conarty, Ltd. on behalf of Sonrise Continuing Care, LLC. (electronic)

  • 01/23/2013
    Transcript - Received

    Transcript - January 8, 2013, received.
  • 01/09/2013
    Service - Hearing Continuance Letter

    Status hearing continued by the Administrative Law Judge to March 5, 2013, in Chicago at 10:00 A.M. Notice also given by the Administrative Law Judge of the following schedule: Amended Complaint to be filed by – January 28, 2013; ComEd’s Responsive Pleading due by – February 18, 2013; Discovery is Reopened; and Parties are to address outstanding Discovery issues. Notice served electronically to parties.
  • 01/08/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Hilliard and continued to March 5, 2013, in Chicago, at 10:00 A.M., for status.
  • 01/08/2013
    Hearing Report - Administrative Law Judge Ruling

    Amended Complaint to be filed by – 1/28/13; ComEd’s Responsive Pleading due by – 2/18/13; Discovery is Reopened; Parties are to address outstanding Discovery issues; Status Hearing – 3/05/13 @ 10 A.M.
  • 01/08/2013
    Transcript - Pending

    Transcript pending.
  • 12/20/2012
    Filing - Answer

    Verified Answer to the Amended Complaint, filed by Eimer Stahl LLP on behalf of Commonwealth Edison Company. (Electronic)
  • 11/29/2012
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that Sunrise Continuing Care, LLC. (“Sunrise”) filed an Amended Complaint (“Complaint”) challenging a bill from Commonwealth Edison (“ComEd”) for almost $38,0000 associated with rerouting a cable around the Sunrise building. ComEd asserts that Sunrise or its predecessor has in derogation of an easement constructed a building over its cable. ComEd alleges that there is a fault in the cable and that Sunrise owes ComEd for the repair and rerouting of that cable. Sunrise asserts that ComEd has refused to explain the need for repair, the nature of the repair or to give a breakdown of costs. ComEd has filed a Motion to Dismiss the Complaint pursuant to the Civil Practice Act alleging that Sunrise has failed to state a cause of action. ComEd’s motion is not well founded. In essence, ComEd seeks to compel payment from its customer for charges related to repairs of parts and/or equipment used to provide electric service on or through the customer’s property pursuant to its tariffs. The customer alleges that ComEd has refused to give the customer information about the necessity for the repair or how it arrived at its demand amount. This is no different in substance from many of the complaints that the Commission hears regarding billing and charges arising under the Public Utilities Act. ComEd’s Motion to Dismiss is denied. ComEd’s assertion in its Reply brief that the claim has been mooted and/or that Sunrise now lacks standing because of a sale of the property is not presently supported by evidence and is not addressed in this ruling. Notice served electronically to parties.
  • 11/15/2012
    Filing - Reply

    Commonwealth Edison Company's Reply - Motion to Dismiss the Amended Complaint, filed by Eimer Stahl LLP. (Electronic)
  • 11/07/2012
    Filing - Response

    Sunrise Continuing Care, LLC's Response to Commonwealth Edison Company's Motion to Dismiss Amended Complaint, filed by Paul F. Conarty, Ltd. (Electronic)
  • 11/07/2012
    Filing - Response

    Commonwealth Edison Company’s Response (by Letter) to the October 29, 2012 Notice of the Illinois Commerce Commission, filed by Eimer Stahl LLP. (Electronic)
  • 10/29/2012
    Service - Notice

    Notice given by the Administrative Law Judge that Commonwealth Edison Company is requested to produce the following to the Chief Clerk’s Office and also provide a copy to the Administrative Law Judge:
    Tariffs ILL C. C. No. 10, General Terms and Conditions Second Revised Sheet No. 152 and Sheet No. 161; A copy of the easement in question; and
    Documentation supporting the cost estimate underlying the demand made upon the Complainant. Notice served electronically to parties.
  • 10/26/2012
    Service - Notice

    Notice given by the Administrative Law Judge of the following briefing schedule for the Motion to Dismiss: Complainant shall have until November 9, 2012, to reply to the motion and movant may respond to the reply before November 16, 2012. Notice served electronically to parties.
  • 10/25/2012
    Filing - Motion

    Commonwealth Edison Company's Motion to Dismiss the Amended Complaint, filed by Eimer Sthal LLP. (Electronic)
  • 10/04/2012
    Transcript - Received

    Transcript - September 20, 2012, received.
  • 09/26/2012
    Filing - Formal Complaint-Amended

    Amended Complaint, filed by Paul L. Conarty, Ltd. on behalf of Sunrise Continuing Care, LLC. (Electronic)
  • 09/21/2012
    Service - Hearing Continuance Letter

    Status hearing continued by the Administrative Law Judge to January 8, 2013, in Chicago at 10:00 A.M. Notice also given by the Administrative Law Jduge of the following scheduled: Amended Complaint-due September 27, 2012; Response to Complaint-due October 25, 2012 and Discovery will close-December 31, 2012. Parties advised electronically.
  • 09/20/2012
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Hilliard and continued to January 8, 2013, in Chicago, at 10:00 A.M., for status.
  • 09/20/2012
    Transcript - Pending

    Transcript pending.
  • 08/30/2012
    Filing - Motion

    Motion for Leave to File Amended Complaint, filed by Paul F. Conarty, Ltd. on behalf of Sunrise Continuing Care, LLC. (mailed by USPS - August 28, 2012)
  • 08/15/2012
    Service - Hearing Continuance Letter

    Status hearing scheduled for August 21, 2012, continued by the Administrative Law Judge to September 20, 2012, in Chicago at 2:00 P.M. Notice also given by the Administrative Law Judge that a response to the Motion to Dismiss is due on or before August 28, 2012 and any reply is due on or before September 6, 2012. Notice served electronically to parties.
  • 08/10/2012
    Filing - Motion

    Commonwealth Edison Company's Motion to Dismiss, filed by Eimer Stahl LLP. (Electronic)
  • 07/31/2012
    Filing - Appearance

    Appearance on behalf of Commonwealth Edison Company, filed by Eimer Stahl LLP. (Electronic)
  • 07/27/2012
    Service - Setting/Prehearing Conference

    Set for status hearing by the Administrative Law Judge on August 21, 2012, in Chicago at 1:00 P.M. Notice also given by the Administrative Law Judge that the respondent is directed to answer or otherwise plead within 14 days of this notice. Notice served electronically to parties.
  • 07/23/2012
    Filing - Formal Complaint

    Complaint of Sunrise Continuing Care, LLC by Paul F. Conarty, Attorney -vs- Commonwealth Edison Company
    filed. (mailed by USPS July 20, 2012)
  • 07/23/2012
    Service - Complaint

    Copy of Complaint mailed to Respondent.