Summary
This 8-K filing from Exelon Corporation (EXC) on December 12, 2005, provides a significant update on the 'Procurement Rider Case' initiated by its subsidiary, Commonwealth Edison Company (ComEd), before the Illinois Commerce Commission (ICC). ComEd has been seeking approval for a competitive bidding process, specifically a reverse auction, to procure electricity for its customers starting in 2007 and to recover those costs. The proposed process aims to set retail rates based on the lowest bids from qualified energy suppliers, with ComEd acting as a pass-through entity without profit on the energy itself. The key development reported is the issuance of a Proposed Order by the ICC's Administrative Law Judge on December 5, 2005. This order recommends approval of a competitive procurement process generally aligning with ComEd's proposal, reaffirming the ICC's legal authority to implement such a system and set resulting rates. While the proposed order increases regulatory oversight, it represents a positive step towards ComEd's desired procurement strategy. The ICC's final decision is anticipated in January 2006, though it may be influenced by ongoing litigation challenging the ICC's authority.
Key Highlights
- 1Commonwealth Edison Company (ComEd), a subsidiary of Exelon, is seeking ICC approval for a competitive bidding process (reverse auction) to procure electricity for its customers starting in 2007.
- 2The proposed process aims to set retail rates through a competitive auction, with ComEd recovering costs without profit on energy sales.
- 3An ICC Administrative Law Judge issued a Proposed Order on December 5, 2005, recommending approval of ComEd's competitive procurement process.
- 4The Proposed Order supports the ICC's legal authority to approve the auction mechanism and resulting rates.
- 5Regulatory oversight of the procurement process is expected to increase under the proposed order.
- 6Parties must file exceptions to the Proposed Order by December 19, 2005, with replies due by December 27, 2005.
- 7The ICC's final order is anticipated in January 2006, contingent on the outcome of pending litigation.