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From the Staff Report from the Office of Retail Market Development (ORMD) dated February 4, 2026, the following recommended action was made:

“Staff of the Office of Retail Market Development (“Staff”) recommends the Commission initiate proceedings to direct each of the ARES listed in Attachment A attached to this Staff Report (collectively the “Listed ARES”) to show cause why the Commission should not impose financial penalties for failure to file required Reports. Appended as Attachment A, Exhibits 1 through 41, are Charging Documents against each ARES, detailing the reports that have not been filed. Staff further recommends that the Commission impose financial penalties in accordance with the Schedule of Recommended Penalties, attached as Attachment B, as detailed in the individual Charging Documents. Specifically, to show cause, each ARES should be directed to file an Answer to Staff’s Charging Document directed to that ARES, demonstrating that it has filed the necessary documents.” [Emphasis added]

“A Staff Report dated February 4, 2026, by the Commission’s Office of Retail Market Development explains that ARES in Illinois are required to file quarterly Environmental Disclosure Statements in accordance with 83 Ill. Adm. Code 421.30. Additionally, ARES must annually file: 1) a Designated Agent Form in accordance with 83 Ill. Adm. Code 215.10; 2) an ARES Kilowatt-hour Report in accordance with 83 Ill. Adm. Code 451.770; 3) a Call Center Information Report in accordance with 83 Ill Adm. Code 410.45; 4) a Net Metering Report in accordance with 83 Ill. Adm. Code 465.40; 5) Annual Compliance Certification Report in accordance with 83 Ill. Adm. Code 451.710; 6) Annual Rate Report in accordance with 220 ILCS 5/16-115A(a)(iii); and 7) Annual Compliance with Retail Charge Provisions of the Renewable Energy Portfolio Standard (“REPS Report”) in accordance with 83 Ill. Adm. Code 455.125. Finally, in 2022, all ARES were required to file a Supplier Diversity Report in accordance with 220 ILCS 5/5-117.”

The recommended total penalty for each supplier is outlined in the Attached Recommended Schedule of Penalties that is located at the end of the Staff Report.  The Staff reports notes that the “Commission possesses the authority to impose financial penalties for “violations of or non-conformance with the provisions of Section 16-115 or 16-115A.” 220 ILCS 5/16-115B(b)(2). Staff’s penalty schedule conforms to 220 ILCS 5/16-115B(b)(2) and does not recommend penalties in excess of $10,000 per filing violation.”

The individual Commission orders against each named ARES relied upon the information presented in the Staff Report, which the Commission said creates a rebuttable presumption that each named company has committed violations of statutes or Commission rules for failure to comply with required quarterly and annual report filings.

Based on the report presented by Staff, the Commission directed that a docketed proceeding should be initiated to give each named supplier an opportunity to show cause why the Commission should not order that penalties be assessed in the amounts recommended by Staff for failure to file its annual and quarterly required filings.

Fines proposed by ICC Staff vary by supplier depending upon the number of compliance violations.  The largest proposed penalty ranged from $111,500 to the smallest, $500.  More than half of the proposed fines are at or above $20,000, with most of these in the $20,000 to $57,000 range. See the chart at the end of the Staff Report that lists all proposed supplier penalties.  A chart located at the end of the Staff Report identifies each ARES that Staff has identified as failing to comply with the Commission’s reporting requirements and the proposed accompanying penalty.

The Commission orders initiating these show cause proceedings against each named ARES are directed to:

• File a Notice of Appearance;
• File all missing reports within 30 days of this Initiating Order;
• The presiding administrative law judge should be directed to issue a Proposed Order, including findings of violations and recommended penalties;
• If the Respondent files the required reports within the 30 days of the Initiating Order, the Proposed Order should reflect a reduction in the recommended penalties;
• If the Respondent fails to file the required reports within 30 days, the Proposed Order should recommend an additional finding of violation for every 30 days each report remains delinquent, with an associated penalty;
• If the Respondent fails to appear in the proceeding, the Proposed Final Order should recommend termination of the ARES’s Certificate of Authority to operate in Illinois.

See individual news stories available in MAGNIFYI that highlight each ICC-initiating order against each ARES.