Forner Complaint

PSC Administrative Law Judge Finds Violations of the Code of Conduct

In the matter of Phil Forner against Consumers Energy, James Rigas, Administrative Law Judge, in his "Proposal for Decision" finds that the utility's inclusion of promotional inserts (in the utility bill envelopes) for their carbon monoxide protection and fuel line extension programs and financing services are jointly advertised in violation of the code of conduct. On both of these programs the utility failed to include the required disclaimer that the programs are offered by a company "not regulated by the public service commission" rather than the utility. The ALJ also ruled a violation because the utility did not offer competitors the opportunity to include their promotional material in the mailing, as required. This case now goes to the Public Service Commissioners for their final order. The PSC may attach fines for these violations (the minimum fine is $1,000 per incident). The illegal mailing was sent to 3.2 million Consumers customers (you do the math).