Case Number: 12-0499

  • 04/10/2013
    Service - Order

    Copy of Order on Rehearing served electronically to parties.
  • 04/09/2013
    Order Entered - On Rehearing

    Order on Rehearing entered.
  • 03/18/2013
    Transcript - Received

    Transcript - March 4, 2013 received.
  • 03/06/2013
    Transcript - Received

    Transcript - February 20, 2013, received.
  • 03/06/2013
    Filing - Draft/Suggested Order

    Proposed Agreed Order on Rehearing, filed by Law Office of Gerard T. Fox on behalf of HIKO Energy, LLC. (Electronic)
  • 03/04/2013
    Hearing Report - Heard and Taken-Yes

    Heard by Administrative Law Judge Von Qualen and Taken.
  • 03/04/2013
    Hearing Report - Exhibits

    e-Docket: Verified Reply Statement of Shevy Simins on behalf of HIKO Energy, LLC, public and confidential versions, filed on 02/28/13; Exhibit 1 to Verified Reply Statement of HIKO Energy, LLC filed on 02/27/13. ICC Staff Exhibit 1 - Verified Statement of Robert F. Koch, filed on 02/06/13; ICC Staff Exhibit 2.0 - Verified Surreply Statement of Robert F. Koch, filed on 03/01/13.
  • 03/04/2013
    Transcript - Pending

    Transcript pending.
  • 03/01/2013
    Filing - Motion

    Motion for Leave to File Verified Surreply Statement of Robert F. Koch to the Verified Reply Statement of Shevy Simins on Behlaf of Hiko Energy, LLC Instanter, filed by Staff of the Illinois Commerce Commission. (Electronic)
  • 02/28/2013
    Filing - Errata

    Errata Sheet for Corrected Reply Statement of Shevy Simins on behalf of HIKO Energy, LLC, filed by Law Office of Gerard T. Fox. (Electronic)
  • 02/28/2013
    Filing - Motion

    Verified Motion for Proprietary Treatment, filed by Law Office of Gerard T. Fox on behalf of HIKO Energy, LLC. (Electronic)
  • 02/27/2013
    Filing - Statement

    Verified Reply Statement of Shevy Simins on behalf of HIKO Energy, LLC, filed by Law Office of Gerard T. Fox. (Electronic)
  • 02/20/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Von Qualen and continued to March 4, 2013, in Springfield, at 10:00 A.M.
  • 02/20/2013
    Hearing Report - Administrative Law Judge Ruling

    The following schedule was adopted: Applicant to file and serve a Verified Reply Statement by 02/27/2013; Evidentiary Hearing 03/04/2013 at 10:00 A.M.; Tentative date for Brief on Exception is 03/20/2013; Tentative date for Reply Briefs on Exception is 03/27/2013.
  • 02/20/2013
    Transcript - Pending

    Transcript pending.
  • 02/08/2013
    Service - Hearing Continuance Letter

    Hearing scheduled for February 13, 2013, continued by the Administrative Law Judge to February 20, 2013, in Springfield at 9:00 A.M. Telephone participation will be allowed. The following conference bridge has been provided: Call in number 1-(862)-902-0100, conference code 157238. Notice served electronically to parties.
  • 01/18/2013
    Transcript - Received

    Transcript - January 4, 2013, received.
  • 01/04/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Von Qualen and continued to February 13, 2013, in Springfield, at 9:30 A.M.
  • 01/04/2013
    Hearing Report - Administrative Law Judge Ruling

    Staff Testimony or Verified Statement to be filed by 02/04/13.
  • 01/04/2013
    Transcript - Pending

    Transcript pending.
  • 01/03/2013
    Filing - Motion

    Verified Motion for Confidential Treatment, filed by Law Offices of Gerard T. Fox on behalf of HIKO Energy, LLC. (Electronic)
  • 12/24/2012
    Filing - Response

    Verified Response to Notice of Administrative Law Judge's Ruling of December 10, 2012 filed by Law Offices of Gerard T. Fox on behalf of HIKO Energy, LLC. (electronic)
  • 12/13/2012
    Service - Setting/Prehearing Conference

    Set for Prehearing Conference by the Administrative Law Judge on January 4, 2013, in Springfield at 9:30 A.M. Notice served electronically to parties.
  • 12/10/2012
    Service - Administrative Law Judge Ruling

    Notice given that the Administrative Law Judge ("ALJ") has completed a preliminary review of the information provided in the verified Petition for Rehearing of HIKO Energy, LLC (“Applicant”) filed on November 13, 2012 in Docket No. 12-0499, and hereby rules that the information described below shall be filed with the Chief Clerk of the Illinois Commerce Commission ("Commission") on or before December 24, 2012. The response to this ruling shall be verified by a person with personal knowledge of the facts contained therein 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. Applicant shall provide a narrative describing the differences in subject matter and/or procedure between the informal complaints identified on page 4 of the Petition for Rehearing and the escalated informal complaints identified on page 6 of the Petition for Rehearing.
    2. Applicant shall identify the subject matter and the current status of each of the escalated informal complaints identified on page 4 of the Petition for Rehearing. 3. Applicant shall update the lists of informal and escalated informal complaints on pages 4 and 6 of the Petition for Rehearing. 4. Applicant shall identify the subject matter and current status for each informal or escalated informal complaint provided in response to 3 above. 5. Applicant shall indicate if there has been any change in regards to its September 28, 2012 statement that no formal complaints have been filed against HIKO or its affiliates, i.e., whether Applicant has become aware of any formal complaints subsequent to that statement. If any formal complaints have been filed, Applicant shall provide the jurisdiction, subject matter, and status of the complaint. 6. Applicant shall provide a chart updating the information it provided in its October 4, 2012 response to ALJ's Ruling in regards to informal complaints in Illinois. For each month that there were informal complaints, the chart shall list the number of Illinois customers and the number of Illinois complaints filed and a description of the informal complaints. Applicant shall indicate if there are currently any unresolved complaints in Illinois. 7. Applicant shall provide a description of the resolution of each Illinois complaint (see the Petition for Rehearing's statement that all informal complaints through October, 2012 have been resolved). 8. Applicant shall provide a narrative describing how "it has put into place [in Illinois] the same improvements that it implemented in New York." (See Petition for Rehearing, ¶8) The description shall include the date each change was made and identify any changes in trends during the time period. 9. Applicant shall provide any additional information available in regards to future changes in policy or trends in complaints in Illinois. Notice served electronically to parties.
  • 12/07/2012
    Filing - Motion

    Motion to Amend Petition for Rehearing of HIKO Energy, LLC, filed by Law Offices of Gerard T. Fox. (Electronic)
  • 11/21/2012
    Service - Commissioner Opinion

    Notice of Commission Action served electronically to parties advising of the action of the Commission on November 20, 2012.
  • 11/20/2012
    Commission Action - General

    The Commission in conference GRANTED the Petition for Rehearing of HIKO Energy, LLC, filed on November 13, 2012.
  • 11/13/2012
    Filing - Petition for Rehearing

    Petition for Rehearing of HIKO Energy, LLC, filed by Law Offices of Gerard T. Fox. (Electronic)
  • 11/13/2012
    Filing - Motion

    Verified Motion for Confidential Treatment, filed by Law Offices of Gerard T. Fox on behalf of HIKO Energy, LLC. (Electronic)
  • 11/13/2012
    Filing - Appearance

    Appearance on behalf of HIKO Energy, LLC, filed by Law Offices of Gerard T. Fox. (Electronic)
  • 10/25/2012
    Service - Order

    Copy of Final Order served electronically to parties.
  • 10/24/2012
    Order Entered - Final

    Final Order entered.
  • 10/04/2012
    Filing - Response

    Response to Notice of Administrative Law Judge's Ruling, filed by HIKO Energy, LLC. (mailed by Federal Express - October. 3, 2012)
  • 09/26/2012
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge's of the attached Ruling. Parties advised electronically.
  • 09/20/2012
    Filing - Petition/Application-Amended

    Amended Application, filed by HIKO Energy, LLC. (mailed by Federal Express - September 19, 2012)
  • 09/14/2012
    Filing - Petition/Application-Amended

    Amended Application, filed by HIKO Energy, LLC. (mailed by Federal Express - September 13, 2012)
  • 09/11/2012
    Filing - Proof of Publication

    Proof of Publication, filed by HIKO Energy, LLC. (mailed by Federal Express - September 10, 2012.
  • 09/11/2012
    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 ("ARES") certificate filed by HIKO Energy, LLC (“Applicant”) in Docket No. 12-0499, and hereby rules that the information described below shall be filed with the Chief Clerk of the Illinois Commerce Commission ("Commission") on or before September 17, 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. General Requirements - 1. On its face the application indicates that it is a “[Form for ARES Applicants]. Applicant shall file an amended application, removing the language indicating it is a Form.
    2. Subsection 451.30(a) requires Applicant to publish notice of its application in the Official State Newspaper within 10 days following application filing, and to file proof of that publication with the Clerk of the Commission within 5 days after publication. If the Applicant has not yet filed the proof of publication with the Clerk of the Commission, it shall file the proof of publication.
    3. Subsection 451.30(c)(1) requires Applicant to provide a description of its business. Paragraph 8 of the application states only that Applicant is not affiliated with an Illinois utility. This does not provide the required description of Applicant’s business.
    Applicant shall amend paragraph 8 to include a more complete description of its business. 4. Subsection 451.310(c)(4) requires Applicant to submit a statement indicating whether it is the subject of any formal complaints filed with a regulatory agency alleging fraud, deception or unfair marketing practices, or similar allegations. Paragraph 31 of the application indicates Applicant is not the subject of any such complaints, yet paragraph 20 references Attachment C, which includes a summary of complaints from New York customers. Applicant shall file an explanation of this apparent contradiction within its application. If Applicant or any of its affiliates have been the subject of formal complaints, Applicant shall provide a summary of the complaints including jurisdiction, date, subject matter of complaint, and current status and/or resolution. Technical Requirements - 5. Subsection 451.330(a) provides certain requirements for an applicant that uses electric generation, transmission or distribution facilities that it owns, controls, or operates. Paragraph 24 of the application is contradictory. It first states that Applicant will not use electric generation, transmission or distribution facilities that it owns, controls, or operates. Then, the paragraph lists three individuals on Applicant’s staff that have experience working with Applicant’s facilities or an electric generation, transmission, or distribution facility that is substantially similar to the facility that Applicant owns. Applicant shall provide a revision to paragraph 24 in clearly state whether it intends to use electric generation, transmission or distribution facilities that it owns, controls, or operates. If it does not intend to use such facilities, Applicant should not list personnel to satisfy the related requirements. Managerial Requirements - 6. Section 451.340 explains that an applicant shall be deemed to possess sufficient managerial capabilities if it has three or more individuals in management positions that possess four or more years of occupational experience in each of three identified managerial areas. In paragraph 25 of its application, Applicant names three individuals in each of the three identified managerial areas, and describes occupational experience for these individuals in Attachment H. However, the occupational information that Applicant included in Attachment H for Mr. Klein, Mr. Gottesman, and Mr. Orzel contains no information about the duration (from month/year to month/year) of the relevant occupational experience that Applicant wishes to use to meet the managerial requirements of Section 451.340. Applicant shall provide a more complete description of the relevant occupational experience for these three individuals, including the durations (from month/year to month/year) of each of their relevant occupational experiences. Qualifications of Agents and Contractors under Subpart D 7. Section 451.350 allows an applicant to meet the requirements of Sections 451.330 and 451.340 by entering into one or more contracts with others to provide the required technical and managerial experience levels, provided that (a) each agent and contractor on whom the applicant relies to meet Section 451.330 or 451.340 is disclosed in the application and (b) the applicant certifies that the agent or contractor will comply with all Sections of Part 451 applicable to the function or functions to be performed by the respective agent or contractor. Paragraph 26 of the application and Attachment H, indicate that Applicant is using, individuals working for Enhanced Energy Services (“EES”) to meet the requirements. Applicant shall provide a copy of the contract for the services to be provided by EES to Applicant. Notice served electronically to parties.
  • 08/29/2012
    Filing - Petition/Application

    Application for Certificate of Service Authority, filed by HIKO Energy, LLC. (mailed by Federal Express - August 28, 2012)