Docket No.: 20-0606 Meeting: 5/10/21 Deadline: 5/21/21 M E M O R a N D U M______

Docket No.: 20-0606 Meeting: 5/10/21 Deadline: 5/21/21 M E M O R A N D U M___________________________________________________ TO: The Commission FROM: Jessica L. Cardoni, Administrative Law Judge DATE: May 7, 2021 SUBJECT: Northern Illinois Gas Company d/b/a Nicor Gas Company Proposed Revenue-Neutral Tariff Filing to Address Issues Arising From the Storage Study Presented in Docket No. 18- 1775. (tariffs filed on June 30, 2020) RECOMMENDATION: Grant Motion to Modify Oral Argument Time Allotment. I. PROCEDURAL HISTORY On June 30, 2020, Northern Illinois Gas Company d/b/a Nicor Gas Company (“Nicor Gas” or the “Company”) filed tariffs with the Illinois Commerce Commission (“Commission”) to revise its Transportation program. The tariff filing was based on a study (“Storage Study”) assessing the implications of how Transportation customers currently use storage. Staff of the Commission (“Staff”) participated in this proceeding. Petitions to Intervene were filed on behalf of Constellation NewEnergy – Gas Division, LLC (“CNEG”); Cargill, Inc., Caterpillar Inc., Sterling Steel Company, Ingredion Incorporated, and ExxonMobil Power & Gas Services, Inc., who collectively formed the Illinois Industrial Energy Consumers (“IIEC”); Grain and Feed Association of Illinois (“GFAI”); Illinois Competitive Energy Association (“ICEA”); Retail Energy Supply Association (“RESA”); Illinois Manufacturer’s Association (“IMA”); Illinois Asphalt Pavement Association (“IAPA”); Nucor Steel Kankakee, Inc. (“Nucor”); Sequent Energy Management, L.P. (“Sequent”); and Illinois Energy, USA, LLC (“IE”). The Administrative Law Judge granted these Petitions to Intervene. An evidentiary hearing was held on February 10, 2021, and a Proposed Order was served on April 7, 2021. Briefs on Exceptions (“BOEs”) were filed on April 21, 2021 by the following parties: Nicor Gas, Staff, CNEG, ICEA, RESA, and IIEC. In its BOE, RESA requested Oral Argument. Also on April 21, 2021, a Petition to Intervene and a BOE were filed by Prospect Resources, Inc. No party filed a response to the Petition to Intervene, and it was granted on May 3, 2021. On April 28, 2021, the following parties filed Reply Briefs on Exceptions (“RBOEs”): Nicor Gas, Staff, CNEG, GFAI/IAPA, Nucor, RESA, IIEC and ICEA. The Commission has scheduled Oral Argument for May 10, 2021. 20-0606 On May 6, 2021, Nicor Gas filed a Motion to Modify Oral Argument Time Allotment and to Request Guidance on Process (“Motion”). Responses were due May 7, 2021 at 11 a.m., and Replies were due May 7, 2021 at 4 p.m. No party filed a Response. II. ISSUE A. Motion to Modify Oral Argument Time Allotment. Nicor Gas states that it is the party with the burden of proof in this proceeding to demonstrate that its proposed tariff changes are just and reasonable. 220 ILCS 5/9- 201(c). The Commission’s rules recognize that a utility has the burden of proof stating, in relevant part that “[a]t hearings in tariff investigation and suspension proceedings the respondent shall open and close.” 83 Ill. Adm. Code 200.570. On April 29, 2021, the Commission granted RESA’s request for Oral Argument in this docket and set the date of argument for May 10, 2021. The Commission’s Notice regarding Oral Argument states, in part: Each party will have 10 minutes for their argument. The allotted time includes Commissioners’ questions and any responses from counsel. Parties may reserve time for rebuttal. Unless parties have filed joint briefs in this Docket, parties are prohibited from pooling or sharing their time allotment. Notice of Commission Action and Notice of Oral Argument (“Notice”), April 29, 2021 at 2. Nicor Gas points out that the Notice does not indicate whether Nicor Gas, as the party with the burden of proof, will open and close Oral Argument. Nicor Gas states that in response to the Notice, RESA, ICEA and IIEC each indicated that they intend to present Oral Argument, as did Nicor Gas and Staff. RESA, ICEA, and IIEC each oppose Nicor Gas’ proposed tariff changes and the Proposed Order’s conclusions on the issues identified for Oral Argument. According to Nicor Gas, RESA and ICEA have a unified, single position on these various issues. In light of the fact that Nicor Gas has the burden of proof and will be responding to several parties collectively arguing for 30 minutes against proposed tariff changes, the Company requests that the Commission increase its time allotment for Oral Argument from 10 to 20 minutes. Restricting Nicor Gas to 10 minutes during which it must both address its own affirmative burden and respond to 30 minutes of opposing argument not only would be unfairly prejudicial to Nicor Gas, it also would unbalance and limit the information the Commission can gain via Oral Argument. Finally, Nicor Gas asks the Commission to confirm that the Company will open and close the argument through the allocation of time allotted. III. CONCLUSION Nicor Gas is asking the Commission to modify certain tariffs in this matter; therefore, it is the Petitioner that has the burden of proof. As the party with the burden of 20-0606 proof, Nicor Gas should have first and last “say” during the Oral Argument. This is consistent with the Public Utilities Act and the Commission’s rules. The Administrative Law Judge agrees that since Nicor Gas is effectively responding to three parties that oppose its position, the Company should be granted 20 minutes to argue its position. The Administrative Law Judge recommends that the Commission grant Nicor Gas’ Motion and allow it to present first and last during the Oral Argument. The Administrative Law Judge also recommends the Company be granted 20 total minutes for its argument. The deadline for Commission action on this docket is May 21, 2021. 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