Case Number: 12-0180

  • 06/04/2013
    Filing - Appearance

    Appearance on behalf of HIKO Energy, LLC, filed by Law Offices of Gerard T. Fox. (Electronic)
  • 06/04/2013
    Filing - Errata

    Errata Sheet of HIKO Energy LLC, filed by Law Offices of Gerard T. Fox. (Electronic)
  • 04/10/2012
    Order Entered - Final

    Final Order entered.
  • 04/10/2012
    Service - Order

    Copy of Final Order served electronically to parties.
  • 03/30/2012
    Filing - Motion

    Motion for Confidential Treatment, filed by HIKO Energy, LLC. (mailed by Federal Express - March 29, 2012)
  • 03/30/2012
    Filing - Response

    Response to Notice of Administrative Law Judge's Ruling, filed by HIKO Energy, LLC. (mailed by Federal Express - March 29, 2012)
  • 03/23/2012
    Service - Administrative Law Judge Ruling

    Notice is given that the Administrative Law Judge has completed a review of the response to the March 15, 2012 Administrative Law Ruling filed by HIKO Energy, LLC ("Applicant") on March 20, 2012 and hereby rules that an additional response addressing the deficiencies described below shall be filed with the Chief Clerk of the Illinois Commerce Commission on or before March 30, 2012. The response must include (1) the docket number, case caption, and an original signature, (2) a verification page, and (3) a certificate of service indicating that the response was served on all those on the service list. The response 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 (jalbers@icc.illinois.gov) by the date indicated.
    In the alternative to filing a response addressing each of the deficiencies set forth below, Applicant may choose to file as its response a Motion to Withdraw its March 8, 2012 application to become an alternative retail electric supplier. Any such Motion to Withdraw must also be received by March 30, 2012.
    General Requirements
    1) Under paragraphs 28 and 29 of the application form, Applicant responds with “N/A.” Please explicitly indicate whether or not Applicant has been denied an electric supplier license in any state and whether or not Applicant has had an electric supplier license suspended or revoked by any state. If in either instance, Applicant responds affirmatively, provide the additional information called for in paragraphs 28 and 29 of the application form. 2) Subsection 451.30(c)(3) requires that proof of notification of an intent to serve in any utility’s service area has been previously provided to the utility. Applicant’s response to the March 15, 2012 ruling indicates that it now seeks certification “within the Common Wealth Edison Service territory only.” Applicant’s letter included as Attachment A to the March 20, 2012 response is dated February 23, 2012, which is prior to the March 15, 2012 ruling, and it is not apparent that it was actually sent to the address of Commonwealth Edison Company’s (“ComEd”) in-state designated agent (in addition to not even spelling the utility name correctly). Please revise the letter to ComEd by including the correct company name and correct address of the designated agent, mail the revised letter to ComEd’s designated agent, and submit a copy of the dated letter.
    3) When did Applicant begin providing service to electric and/or gas customers in New York?
    How many electric and/or gas customers does Applicant have in New York? (Applicant may request confidential treatment of the number of customers.)
    4) When did Applicant begin providing service to electric and/or gas customers in New Jersey?
    How many electric and/or gas customers does Applicant have in New Jersey? (Applicant may request confidential treatment of the number of customers.)
    5) Has Applicant provided electric or gas service under any other name in any jurisdiction?
    Please specify any other names used and the dates used.
    6) Are the complaints listed in Attachment B-1 to the March 20, 2012 response formal complaints (eg: having been filed with the New York Department of Public Service seeking a binding determination) or informal complaints submitted directly by customers to (1) Applicant’s customer service representatives or (2) the New York Department of Public Service seeking informal assistance in contacting and communicating with Applicant with no expectation of binding adjudication? 7) Has Applicant, under any name, received any formal complaints (eg: having been filed with a state or federal regulatory body and seeking a binding determination) or been subject to any lawsuits in any jurisdiction alleging fraud, deception, or unfair marketing practices or other similar allegations? If so, please provide details about each such lawsuit and/or formal complaint, including the name, date, case number, jurisdiction, and resolution.
    Technical Requirements
    8) Paragraph 6 of Applicant’s March 20, 2012 response states that Attachment D to the response demonstrates its technical capabilities. Attachment D does not appear to be included with Applicant’s response. Please provide evidence of Applicant’s technical capabilities.
    Managerial Requirements
    9) Paragraph 7 of Applicant’s March 20, 2012 response states that Attachment E to the response demonstrates its managerial capabilities. Attachment E appears to identify two individuals, Mr. Prejean and Mr. Glass, identified as “consultant/on retainer” as satisfying managerial requirements. Yet Applicant indicates in paragraph 26 of the application that it is not relying on any agents or contractors to meet the technical and managerial requirements. Furthermore, the occupational information Applicant provides does not appear to indicate that either of these individuals possess the requisite four years electric system operational experience, since the experience listed appears to relate only to the gas industry. Finally, if Mr. Prejean and Mr. Glass are in fact consultants, Section 451.350 requires Applicant to disclose that fact in the application, and certify that any agent or contractor will comply with all the Sections of Part 451 applicable to the functions they are to perform. Applicant does not appear to have made this certification. Please address these deficiencies. Parties advised electronically.
  • 03/20/2012
    Filing - Response

    Response to Notice of Administrative Law Judge's Ruling, filed by HIKO Energy, LLC. (mailed by USPS - March 19, 2012)
  • 03/15/2012
    Filing - Proof of Publication

    Proof of Publication, filed by HIKO Energy, LLC. (mailed by UPSS - March 12, 2012)
  • 03/15/2012
    Service - Administrative Law Judge Ruling

    Notice given that the Administrative Law Judge has completed a review of the application filed by HIKO Energy, LLC ("Applicant") on March 8, 2012 and hereby rules that an amended application addressing the deficiencies described below shall be filed with the Chief Clerk of the Illinois Commerce Commission on or before March 23, 2012. The amended application must include (1) the docket number, case caption, and an original signature, (2) a verification page, and (3) a certificate of service indicating that the amended application was served on all those on the service list. The amended application must be actually received by the date indicated, regardless of whether the amended application is filed with the Chief Clerk electronically or as hardcopy. Applicant shall also electronically serve a Word version of its amended application on the Administrative Law Judge (jalbers@icc.illinois.gov) by the date indicated.
    In the alternative to filing an amended application responding to each of the deficiencies set forth below, Applicant may choose to file as its response a Motion to Withdraw its March 8, 2012 application to become an alternative retail electric supplier. Any such Motion to Withdraw must also be received by March 23, 2012. General Requirements -
    1) Subsection 451.20(c)(1) of 83 Ill. Adm. Code 451 requires Applicant to provide its name and street address. The application appears to be for HIKO Energy, LLC, however, the introductory paragraph and paragraph 1 of the application both list Applicant’s name as “David Wanounou.” Since Applicant uses two different names in the application, Applicant must clearly specify its actual name. 2) Paragraph 3 of the application form directs Applicant to provide the e-mail address of each contact person. Applicant did not provide an e-mail address for David Wanounou nor Brian Gottesman. Applicant must provide the missing e-mail addresses.
    3) Subsection 451.30(c)(3) of 83 Ill. Adm. Code 451 requires that proof of notification of an intent to serve in any utility’s service area has been previously provided to the utility. Paragraph 11 of the application indicates that Attachment B provides the required proof. The copies of letters included in Attachment B, however, provide no indication as to where (or even if) Applicant sent the letters. Applicant must include copies of letters sent to the utility’s in-state agent, as Subsection 451.30(c)(3) requires and paragraph 11 of the application form clearly explains. 4) Paragraph 20 of the application form directs Applicant to disclose whether it has had any complaints filed against it for its provision of any services in the electric or gas industry in this or any other jurisdiction. For any such complaints, Applicant must include in its response the nature of the complaint, the jurisdiction, and the ultimate resolution. Applicant did not address whether it has had any complaints filed against it. Applicant must fully respond to paragraph 20 of the application form. Financial Requirements - 5) Applicant filed financial statements in Attachment 2b. Merely submitting financial statements does not meet any of the options in Section 451.320 of 83 Ill. Adm. Code 451. Applicant must submit financial information pursuant to Section 451.320.
    Technical Requirements -
    6) Subsection 451.330(b) of 83 Ill. Adm. Code 451 explains that Applicant must have one individual on its staff with (a) at least four years experience buying and selling power and energy in wholesale markets and (b) one year of scheduling experience working for an entity that is either a member of PJM or a market participant of MISO, or has a system operator certificate from NERC, or has earned Certified Energy Procurement Professional status by the Association of Energy Engineers or equivalent certification. Paragraph 24 of the application identifies no individuals, but claims that Attachment 3a demonstrates that Applicant meets the technical requirements. Attachment 3a, however, does not sufficiently demonstrate that Applicant possesses the technical qualifications identified in Subsection 451.330(b). Nor does Attachment 3a provide information regarding the duration of the occupational experiences for listed individuals that might relate to the technical qualifications identified in Subsection 451.330(b). In paragraph 24 Applicant must identify, by name, the individuals who it is using to meet the technical requirements, and then in Attachment 3a, Applicant must clearly provide occupational experience information for those listed individuals that includes a description and the duration of their relevant occupational experience (from month/year to month/year).
    Managerial Requirements -
    7) Section 451.340 of 83 Ill. Adm. Code 451 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 occupational experience in each of three identified managerial areas. In paragraph 25 of its application, Applicant names only one individual, instead of three, for each managerial area. Applicant also represents that Attachment 3a demonstrates that Applicant meets the managerial requirements and offers a corporate organizational chart in Attachment 3b. One of the individuals Applicant lists in paragraph 25 of the application, however, Bill Glass, is not listed in Attachment 3a or on the organizational chart. Furthermore, the resume information that Applicant included in Attachment 3a contains no information about the duration (from month/year to month/year) of relevant occupational experience for any of the individuals Applicant wishes to use to meet the managerial requirements of Section 451.340. Applicant must (a) identify three individuals that have a minimum four years relevant occupational experience in each of the three managerial areas listed in Section 451.340, (b) describe the relevant occupational experience information for those individuals, including durations, and (c) include those individuals on any revised organizational chart it submits. Notice served electronically to parties.
  • 03/08/2012
    Filing - Petition/Application

    Application for Certificate of Service Authority, filed by HIKO Energy, LLC. (mailed by Fedeeral Express - March 7, 2012)