Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 411 - ELECTRIC RELIABILITY › Subpart C - UTILITIES WITH 1,000,000 OR MORE CUSTOMERS › Section 411.230 - Proceedings to Determine Damages Under 220 ILCS 5/16-125(e) & (f)

Current through Register Vol. 48, No. 28, July 12, 2024
a) Utilities shall
				design and implement an administrative procedure for resolving and paying claims for
				actual damages and replacement value under Section 16-125(e) and (f) of the Act that
				will minimize the need for formal complaint proceedings before the Commission.
				Utilities shall submit a description of this administrative procedure to the
				Commission for approval. The Commission shall provide all interested parties,
				specifically including customers of the utility and units of local government within
				the service area of the utility, with notice and the opportunity to comment on the
				utility's proposed administrative procedure. A utility's administrative procedure
				shall become effective only after approval by the Commission. The Commission shall
				conclude this approval process within 90 days absent exigent circumstances. The
				process shall:
1) Preserve, at the option of an
				affected customer, the availability of the Commission's informal and formal
				complaint procedures in the event that the customer chooses not to accept the
				administrative resolution;
2) Define
				clearly and in plain language reasonable standards for verification of damages and
				the procedures that will be followed by the utility and shall notify the claimant of
				the right to seek a determination by the Commission of actual damages or replacement
				value payable by the jurisdictional entity in the event that the claimant chooses
				not to accept the administrative resolution offered by the utility;
3) Be designed to resolve claims that are not
				stayed pursuant to Section
				411.220
				of this Part within ninety days after the claimant making a written claim and
				providing the required proof of damage in accordance with the administrative
				procedure developed pursuant to this Section, and the utility shall devote
				sufficient resources to the claims process such that a typical claim is resolved
				within that period. In the event that a claimant furnishes insufficient information
				to make a determination, the utility shall promptly notify the claimant of that
				fact; and
4) Provide that, until such
				time as the Commission finds that a utility is entitled to a waiver of liability
				under Section 16-125(e) or (f) of the Act and this finding is not appealed or is
				upheld on appeal, the utility will stay all pending claims subject to the
				application for waiver and shall maintain in good order all such claims and
				supporting documentation as well as all claims with supporting documentation that
				have been denied based upon the utility's belief that it is entitled to a waiver. In
				addition, upon a determination by the Commission that a utility is not entitled to a
				waiver of liability under Section and the utility will notify (at their last known
				address) customers whose administrative claims were either previously denied or
				stayed by the utility on the grounds that the utility believed it was entitled to a
				waiver of liability, and proceed to a determination of the claims on the
				merits.