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~374

L1NOIS COMMERCE ONMISSION

~MAR IN S LIEBERMAN, As Chairman

lii ols ~omxner~e A~mmission ~nd

COMMCNWEALPH EDISON COMPANY

CRDER OF THE BOARD (by Mr Seaman~.

n December ~O, 1373, Citizens For A Better Environment

ailed its Complaint against Respondent/ ~‘omnonwealth Edison

Company, which currently has a~rate increase case pending

hefoe Respondent Tllinois Commerce Commission (Docket Number

583u10’0 Both Respondents have filed Motions To Dismiss

the ComplaintComplainant0

is an intervenor in the pending rate case

and attempted therein to introduce testimony allegedly to

the effect that Respondent, Commonwealth Edison, is in violation

of various orovision~ of the Environmental Protection ~ct

The hearing officer

xefused to a~iit such evidence and

ComplainantComplainant~shasprayerbioughtforthisreliefactionis

as

seeking

follows:

relief therefrom0

A

That this BOARD FIND THAT THE Respondent, ILLINOIS

COMMERCE

COMMISSION

is

a “person” within the meaning of Section

3 of the Act.

B~.

That the.

Respot~ent, ILLINOIS COMMERCE CO~WIISSIOH

has violated Sections 2(a) (iv), 8, 9,

Il,

12, and 47(a) by

allowing Respondent,

COMMONWEALTH

EDISON COMPANY to violate

the Act and by not managing its activities

~n

its Docket

Number

58340 so as to minimize environmental damage by COMMONWEALTH

EDISON COMPANY~.

C~

That the Board enter an order pursuant to Section

33(a)

that

the ILLINOIS COMMERCE COMMISSION accept testimony

—

201

---

on violations of the Act in its Docket Number 58340, and

enter an order in that case after having given due and

properD. considerationThat

the Boardto enterthe

Actan0

order pursuant to Section

33(b) that the ILLINOIS COMMERCE COMMISSION cease and desist

from ignoring its obligations under~the Act by deferring

environmentalB.

That inissuesthe alternativeto

the Boardto0

C0 and D0 above, the Board

take direct testimony on the effects of COMMONWEALTH EDISON~S

activities on the environment, and enter an order modifying

the final order of the ILLINOIS COMMERCE COMMISSION in its

docketComplainantnumber 58340hasinnotaccordancesought

reviewwithofthetheBoard~shearingfindingsofficer~s0

said ruling by the Respondent Commission in the manner

provided by the Rules of Practice of the Commission0 Pursuant

to those Rules, the objection to the evidentiary ruling

is still pending before the Commission and will be decided

in due course by the Commission0 Therefore, Complainant

is

attacking an action which has not yet been taken and which

is within the exclusive jurisdiction of the Respondent

Commission.

Complainant

herein has failed to exhaust the administrative

remedies provided

by

Section 67, 68

and 71

of the Public

Utilities Act (IllS Rev0 Stat0 1971,, Chap. 111-2/3, Sections

71, 72 and 75) Section 64 of the Public Utilities Act,

Il1~

Rev. Stat,

1971,

Chap0 111-2/3, Section

68,

provides

that:

“Complaint may be made0 0by anyperson or

corporation.

0

0by petition or complaint in

writing, setting forth any act or things

done or omitted to be done

in

violation

of any provision of this Act0”

Section 67 of the Act,

Il1~

Rev0

Stat0 1971,

Chap0 1ll—2/3~,

Section 71, provides for rehearing of the order before

the

Commission0 Section 68, Ill. Rev0 Stat. 1971, Chap0 1l1-~2/3,

Section 72, permits a circuit court to take jurisdiction

of a

matterThe

IT

properlyISComplaint

SO

ORDERED,before

is

dismissedthe

Commissionas

prematureon

judicial0

review0

11—202

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I, Christan L0 Moffett, Clerk of the Illinois Pollution

Control Board, certify t~hat the above Order was adopted

on this7~

day of

~,

1974 by a vote