Deerfield Files Class Action Lawsuit Against Commonwealth Edison
(Updated April 2, 2009)
On April 17, 2008 the Village of Deerfield filed a class action lawsuit against Commonwealth Edison at the Lake County Circuit Court in Waukegan. Despite continued pressure by the elected officials and Village staff that ComEd make system upgrades in Deerfield, the community has suffered 82,347 individual customer power outages during 1,377 separate electric failures since 2000. According to ComEd's own figures, only 13% of these outages were weather-related. To add to that, four circuits that serve this community are among the 1% worst performing circuits in the entire ComEd system. The prolonged outages that many experienced in August 2007 only underscored the significant system problems in this community that have been plaguing residents and businesses for several years.
The class action lawsuit filed in Lake County Circuit Court charges that ComEd violated the Illinois Public Utilities Act and their franchise agreement with Deerfield and its residents and businesses by failing to provide adequate and reliable electric service and failing to maintain infrastructure necessary to provide that service. It calls for compensation for actual damages as well as punitive damages for ComEd's willful refusal to repair and maintain its electrical systems and circuits. The suit's objective is to have the electric distribution system in Deerfield fixed by ComEd and maintained to provide safe and reliable service.
The Village was informed on Friday, August 29 that Judge Berrones, the judge assigned to this case, granted ComEd's motion to dismiss the Village's suit as he believed it was a matter that is within the jurisdiction of the ICC. He did not rule on the merits of the case. The Village of Deerfield is disappointed with the August 29, 2008 Circuit Court decision based on jurisdiction rather than substance, but it will pursue this case on the yet untested merits. The Village continues to believe that ComEd has provided extraordinarily poor electric service in violation of its franchise agreement. That wrong still remains and so does Deerfield’s right to pursue a remedy in an appropriate forum. The Village is reviewing the decision with its legal advisers in order to consider appeal options. The Deerfield electric system has had some of ComEd’s worst performing circuits according to ComEd’s own records each of the last several years.
The Village's appeal brief was filed on December 31, 2008.
This week (March 30 - April 3) the Village's Special Counsel filed the reply brief with the 2nd District Appellate Court in Elgin, Illinois. The Court will now decide if it would like to hear oral arguments or proceed directly to a decision based on the written documents. There is no set time frame for the Court to make a decision. The Village's appeal seeks to overturn the Circuit Court's decision that the Illinois Commerce Commission, not the Circuit Court, should consider the Village's claims.
Residents and businesses that wish to reach out the Village for more information may contact the Village Manager's Office at 847.719.7400 or via email at deermail@deerfield.il.us
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