AUTHORITY: Implementing Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15], Section 2.05 of the Open Meetings Act [5 ILCS 120/2.05], and Section 2-107 of the Public Utilities Act [220 ILCS 5/2-107] and authorized by Section 10-101 of the Public Utilities Act [220 ILCS 5/10-101].

SOURCE: Adopted at 8 Ill. Reg. 6664, effective May 1, 1984; amended at 31 Ill. Reg. 16734, effective December 10, 2007; amended at 32 Ill. Reg. 2581, effective February 1, 2008; amended at 34 Ill. Reg. 16359, effective October 15, 2010; amended at 36 Ill. Reg. 13123, effective August 15, 2012; amended at 36 Ill. Reg. 14508, effective October 1, 2012.

SUBPART A: PUBLIC ACCESS

 

Section 1700.10  Accessibility of Commission Meetings

 

a)         Any person desiring an opportunity to address the Illinois Commerce Commission (Commission) on current agenda items or any other matter shall submit a written request to the Chief Clerk of the Commission at least 24 hours prior to the Commission meeting.  The request shall include the name and address of the person wishing to speak, the name of any group represented, and a summary of the presentation.

 

b)         The Chairman shall direct the Chief Clerk to notify each person submitting a complete request to address the Commission whether the request will be granted or denied.  If the request is granted, the form and duration of the presentation shall be subject to rulings of the Chairman.  In determining whether to grant or deny a request to address the Commission, the Chairman shall consider, at a minimum, the following standards:

 

1)         whether the summary of the presentation is related to matters that are germane to the authority of the Commission;

 

2)         the order in which written requests are received by the Chief Clerk of the Commission;

 

3)         the desirability of permitting public airing of a representative variety of viewpoints from among all of the summaries of presentations that are received on a timely basis; and,

 

4)         whether the requesting person is a party to a pending proceeding before the Commission.

 

c)         At each Commission meeting, the Commission shall set aside a period of time for public comment.  Any person desiring to address the Commission shall be allowed up to three minutes for comments or questions.  Only one person may speak on behalf of any organization.

 

d)         Because of demands on the Commission, the total time for presentations at any meeting shall be limited to 30 minutes unless a Commissioner moves for, and the Commission approves, a longer period.  Any person wishing to address the Commission, but is unable or not allowed to do so, may submit a written statement to the Commission.

 

e)         Any person may record by tape, film, or other means, the meetings of the Commission or its committees required to be open by Illinois law, provided that, if the recording process interferes with the overall decorum and proceeding of a meeting, the recording will be discontinued at the request of the Chairman or other presiding officer.

 

(Source:  Amended at 34 Ill. Reg. 16359, effective October 15, 2010)

 

Section 1700.20  Public Comment through the Commission's Website and by Telephone

 

a)         Any Illinois resident may comment regarding any matter under the auspices of the Commission or before the Commission through the Commission's website (www.icc.illinois.gov) or through a toll-free telephone number.  All persons making comments must provide their name and the city, village, or other locality in Illinois in which they reside.  In addition, persons commenting through the Commission's website must provide their e-mail address for verification purposes, although the e-mail address will not be posted publicly.  Comments made on the Commission's website, or transcribed comments made by phone, may not be longer than 5,000 characters.

 

b)         Comments received through the Commission website will be reviewed to ensure that their content does not contain links to website addresses and is not obscene, profane, defamatory, or otherwise inappropriate for public posting.  A person whose comment is rejected because it contains links to other website addresses shall be given the opportunity to recast the comment so that it can be posted. All comments regarding formal proceedings before the Commission will be publicly posted in the section of e-Docket designed to display public comments, along with the name and locality of residence of the person making the comment.

 

c)         Comments received through the Commission's toll-free telephone number will be transcribed, and will not be publicly posted if their content contains links to website addresses or is obscene, profane, defamatory, or otherwise inappropriate for public posting.  A person whose comment is rejected because it contains links to other website addresses shall be given the opportunity to recast the comment so that it can be posted.  Comments regarding formal proceedings before the Commission will be publicly posted in the section of e-Docket designed to display public comments, along with the name and locality of residence of the person making the comment.

 

d)         In formal proceedings before the Commission in which public comments have been posted on e-Docket, the Administrative Law Judge in the case or another Commission employee designated by the Executive Director will report the comments that have been posted to the full Commission, before the Commission votes on the matter.  Parties to a formal proceeding before the Commission may respond to public comments by filing their own comments in the same section of e-Docket. 

 

e)         Public comments received through the Commission's website or toll-free number that pertain to a matter that is before the Commission other than as a formal docketed proceeding will be forwarded to the Commission Staff member or members responsible for presenting the matter to the Commission, who will report the comments to the full Commission before the Commission votes on the matter.

 

(Source:  Amended at 36 Ill. Reg. 14508, effective October 1, 2012)

SUBPART D: NOTICE OF INQUIRY PROCEDURES

 

Section 1700.310  Initiation of Notice of Inquiry

 

a)         The Manager of the Policy Analysis and Research Division (PAR) will recommend to the Commission that a Notice of Inquiry (NOI) be opened for a specific purpose.

 

b)         The Manager of PAR will designate an "NOI Manager" to conduct workshops and discussions as are necessary to address the issues raised in the Commission's directive for the specific NOI.

 

c)         A specific NOI proceeding will be initiated by authorization of the Commission.

 

d)         The Notice of Inquiry proceeding is not a rulemaking.  However, information gathered may or may not form the basis for the initiation of rulemaking or for other purposes at a later date.  The NOI proceeding is non-decisional in character.  The proceeding will not lead to an enforceable Commission action by itself.

 

Section 1700.320  Notice

 

a)         Public Notice of the NOI will appear in general circulation newspapers throughout the state.  It will be left up to the discretion of the NOI Manager to provide additional Public Notice as warranted.

 

b)         The Chief Clerk will inform all known participants of the initiation of the NOI.

 

c)         The NOI will be available for inspection by any interested person at the Chief Clerk's Springfield office and the Commission's Chicago office.

 

Section 1700.330  Content of Notice

 

The NOI will contain the following information:

 

a)         A disclaimer which states that the Notice of Inquiry proceeding is not a rulemaking, but that information gathered may or may not form the basis for the initiation of rulemaking or for other purposes at a later date.

 

b)         An NOI number which will be assigned by the Chief Clerk.

 

c)         A description of the subjects and issues involved in the proceeding.

 

d)         The date when comments and reply comments are due.

 

e)         The time, nature, and place of any public proceedings to be held, i.e. workshops and meetings.

 

Section 1700.340  Comments and Replies

 

a)         All interested participants will be given an opportunity to participate in the NOI through submission of written data, views, or arguments.

 

b)         A reasonable time will be provided for submission of comments pursuant to the specific NOI and the time provided will be specified by the NOI Manager in the Notice of Inquiry.

 

c)         A reasonable time will be provided for filing comments in reply to the original comments, and the time provided will be specified in the Notice of Inquiry.

 

d)         Parties may petition the NOI Manager for an extension of time in which to file comments and reply comments.

 

Section 1700.350  Form of Comments and Replies; Number of Copies

 

a)         An original and three copies of all comments, reply comments, and other documents should be submitted to the Chief Clerk on or before the date stated in the Notice of Inquiry.  The distribution of such copies will be as follows:

 

1)	Chief Clerk – Springfield	1
2)	Chicago Office	1
3)	Policy Analysis & Research Division	2

 

b)         Copies of all documents filed in the proceeding will be available for public inspection at the Chief Clerk's office in Springfield and the Commission's Chicago office.

 

c)         A copy of the list of participants may be acquired from the NOI Manager.

 

d)         The Commission will not require a specific distribution arrangement, but recommends that the parties arrange some informal distribution of the information they file.

 

Section 1700.360  NOI Proceedings

 

a)         The NOI Manager will make a written public report to the Commission which expresses the views and opinions of participants in the inquiry.

 

b)         The NOI Manager shall make a recommendation to the Commission based on the results of the inquiry.