Peoples Gas Light & Coke Co. v. Illinois Commerce Commission

583 N.E.2d 68, 221 Ill. App. 3d 1053, 164 Ill. Dec. 514, 131 P.U.R.4th 131, 1991 Ill. App. LEXIS 1906
CourtAppellate Court of Illinois
DecidedNovember 8, 1991
DocketNo. 1—90—2639
StatusPublished
Cited by1 cases

This text of 583 N.E.2d 68 (Peoples Gas Light & Coke Co. v. Illinois Commerce Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peoples Gas Light & Coke Co. v. Illinois Commerce Commission, 583 N.E.2d 68, 221 Ill. App. 3d 1053, 164 Ill. Dec. 514, 131 P.U.R.4th 131, 1991 Ill. App. LEXIS 1906 (Ill. Ct. App. 1991).

Opinion

JUSTICE LaPORTA

delivered the opinion of the court:

Lionel Pittman, as president of Englewood Investment Enterprises, Inc., filed a verified complaint with the Illinois Commerce Commission (ICC) alleging that the Peoples Gas Light and Coke Company (Peoples Gas) improperly terminated gas service to Pittman’s 18-unit apartment building in Chicago in winter conditions and without notice. Peoples Gas contended that all gas used for heating the building after October 22, 1985, was improper, the shutoff therefore was permissible and Pittman owed the gas company $13,360.69.

Following a hearing the examiner reviewed facts and testimony from witnesses, subsequently reopened proofs for additional testimony and issued a proposed order. The ICC entered an order denying Peoples Gas the right to recover the $13,360.69 and ordered that the amount be removed from the Englewood account. Peoples Gas filed an application for rehearing which was denied. Peoples Gas appealed.

Peoples Gas raises two issues on appeal: (1) whether the Commission’s order must be reversed in part because it violates Illinois law'in granting relief not requested by Englewood; and (2) whether the Commission’s order must be reversed in part because the findings on which a part of the order is based are not supported by substantial evidence in the record.

On May 20, 1988, Pittman filed a complaint with the ICC on behalf of Englewood, contending that Peoples Gas violated the Public Utilities Act (Ill. Rev. Stat. 1989, ch. lll2/3, par. 1 — 101 et seq.) when it terminated gas service to his building without notice and during winter conditions. Englewood sought an ICC finding that the termination was improper and an order that Peoples Gas resume gas service upon reasonable payment.

The parties participated in a hearing before the hearing officer on September 13, 1988. The summary of facts in the resulting examiner’s report found that Pittman owned the 18-unit building in question since 1982 and as landlord he provided gas heat to his tenants. The tenants paid their own cooking gas bills from separate meters. Pittman testified that, to the best of his knowledge, there had been no interruption in gas service to the building from 1982 until it was terminated without notice on February 12, 1988. Pittman stated that when he was told about the $13,360.69 outstanding bill he offered to pay $4,500 with the rest on a payment plan but Peoples Gas demanded full payment.

On cross-examination, Pittman testified that he was unaware of a notice of shutoff allegedly posted on the building in October 1985 and stated that he believed the gas was never shut off. Pittman testified that he received and paid several bills after October 1985 and he continued to make payments on a $40,000 bill from Peoples Gas that was outstanding at the time he purchased the building in 1982. He testified that he had no knowledge of an outstanding $13,360.69 bill for the period 1985 through February 12, 1988, and was never billed that amount.

A former tenant, Sarah Curtis, testified that she lived in Pittman’s building from 1986 until 1988. She testified that her gas service, both for cooking and heat, was terminated without notice on February 12, 1988, forcing her to move out.

Peoples Gas special investigator Samuel Wright testified that during his review of company records he discovered that the gas service at Pittman’s building had been “locked off” on October 22, 1985, though he had no personal knowledge of the circumstances surrounding the actual shut off. He acknowledged that from that date forward, Peoples Gas provided cooking gas service to 17 separate customer accounts in the same building between 1985 and 1988. He admitted that the records disclosed that Peoples Gas employees read the heating gas meter twice between January and August of 1987 but the company did not send bills to Englewood or react in any other way to those readings other than to record them in the company’s records.

Peoples Gas special investigator Monty Reynolds testified that he went to Englewood’s building February 12, 1988, to remove the building’s gas meter but Pittman refused to permit him to do so. He testified that the heating gas had already been shut off when he arrived on February 12. He admitted that he found no evidence of tampering to bypass the shutoff.

At the conclusion of the hearing, the record was marked “heard and taken.” On April 7, 1989, the hearing examiner issued his first proposed order. Peoples Gas filed exceptions to the proposed order. A new hearing officer was assigned to the case and the hearing examiner permitted the record to be reopened to allow both parties to address unanswered questions from the hearing officers.

The reopened hearing was held June 23, 1989. Englewood chose to stand on the evidence presented in the first hearing. Wright and Reynolds testified again for Peoples Gas. Neither was able to testify that he had personal knowledge that use of unauthorized gas service took place. On April 22, 1990, the hearing examiner issued his second proposed order.

On June 27, 1990, the ICC issued its order, stating in part, that as to the charge that Peoples Gas had improperly turned the gas off in winter conditions and without notice: “[t]he record is incomplete and does not allow the Commission to come to any conclusion on this allegation. [Peoples Gas’] records indicate that proper notice was effectuated; however, [Peoples Gas’] testimony lacks a sufficient basis to come to a conclusion. There is insufficient evidence proffered by [Peoples Gas] to show that gas service at the subject premises was properly shut off on October 22, 1985, for non-payment or that [Englewood] continued to receive gas usage and received a benefit from an unauthorized use of gas. The Commission can only conclude that the [complaint] must be granted to the extent that the bill rendered to [Englewood] in the amount of $13,360.69 for gas service rendered on the subject premises should be removed from [Englewood’s] account with [Peoples Gas].”

The Commission order issued seven findings:

“(1) Peoples Gas Light and Coke Company, an Illinois corporation is engaged in the business of providing gas service to the public ***;
(2) The Commission has jurisdiction ***;
(3) [Englewood] disputes the responsibility for payment of a bill in the amount of $13,360.69 for gas service provided to an apartment building owned by [Englewood];
(4) [Peoples Gas’] evidence fails to show that unauthorized use of gas service took place at the subject premises between 1985 and 1988;
(5) [Peoples Gas’] evidence fails to show that [Englewood] should be held responsible for gas service resulting in a bill in the amount of $13,360.69;
(6) the bill rendered by [Peoples Gas] to [Englewood] in the amount of $13,360.69 should be removed from [Englewood’s] account;
(7) the Complaint should be granted only to the extent found appropriate in Finding (6) herein.”

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583 N.E.2d 68, 221 Ill. App. 3d 1053, 164 Ill. Dec. 514, 131 P.U.R.4th 131, 1991 Ill. App. LEXIS 1906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-gas-light-coke-co-v-illinois-commerce-commission-illappct-1991.