April 14, 2008
Village complaint against ComEd heats up
The Electric Utility Task Force met Tuesday, April 8 to discuss the future of Hinsdale’s on-again, off-again relationship with Commonwealth Edison. Chair Cindy Williams introduced Richard C. Balough, a Chicago attorney who specializes in intellectual property and who has filed several suits against ComEd, to give a detailed description of what the Village can expect if it files a complaint against ComEd with the Illinois Commerce Commission (ICC). The hearing process—from filing and discovery to review and decision—is completed within twelve months. The initial burden of proof is on the complainant, but the discovery process is unlimited. Once a decision is rendered and the utility is put on notice, Balough says it is remarkable how much improvement in service occurs. ComEd would receive a schedule to improve and “the percentage of outages must be reduced,” he said.
Is it bad enough?
Village Manager Dave Cook said Hinsdale residents experience two to three times the average number of outages as the customer service base: ComEd’s average outage per year is 1.6 per household and that jumps to 4.1 for Hinsdale households. “Is that bad enough [to get the attention of ICC regulators]?” Cook asked. While there is no specific performance standard (the statute requires “adequate and reliable service”) Balough is confident that the input of expert witnesses, combined with the testimony of Hinsdale residents who have been adversely affected by recurrent service interruptions, should create the basis for some relief. The ICC is committed to making sure there are no egregious lapses in service and would continue to monitor ComEd’s mandated improvements.
How much will it cost?
Balough estimated legal fees at $25,000 to $40,000 for the one-year complaint process, plus costs incurred by the hiring of expert witnesses. Coincidentally, the ACA approved a $50,000 budget item on Monday, April 7 for legal costs associated with the Hinsdale Electric initiative. Village Attorney Ken Florey, who is credited with contacting Mr. Balough, said the next step is to ask the Board of Trustees for the nod. “The Board will approve a retainer for Mr. Balough,” Florey assured Task Force members.
What’s next?
The Task Force made no determination whether to recommend placing another electrical utility referendum on the April 2009 ballot. Members generally agreed that it was too early to make that decision, given the January 2009 filing deadline for the April 2009 election. In the meantime, there will be a renewed effort to make residents aware of outage statistics and to encourage their participation in the complaint to the ICC. It was noted that outages of less than one minute are not reported, nor are “brownages,” the irregular delivery of electrical power. Residents would be encouraged to report all service interruptions to the Village so that accurate statistics can be compiled and disseminated.
Task Force members acknowledged that a combination of negative sentiment towards the Board of Trustees and a feeling that the flow of information about the referendum was “rushed” at the end of the campaign resulted in the defeat of the measure. Task Force Member and former Village Trustee Rich Ciccarone stressed the need for a blueprint to coordinate the timing and delivery of information to residents. The Task Force will reconvene in a week to outline ways to improve the flow of information and to discuss the possibility of filing a concurrent case in Circuit Court to put more pressure on ComEd. Packets will be made available to residents who wish to help spark the ICC complaint.