The residents allege that in violation of its contractual obligations, Illinois Power (IP) fails to inspect and maintain the connections between its wires and its customers' homes at the point of delivery, creating an elevated risk of fire. According to the complaint, IP is contractually required to perform basic inspections and maintenance activities to protect the safety of customers by minimizing known fire risks incident to the distribution of electricity.

The plaintiffs' claim due to IP's alleged breach of contract, customers have suffered damages measured by the value of the services IP failed to provide entitling them to recover compensation from IP.

According to the complaint, the potential class would be defined as, "All residential electric customers of IP during the period from ten years before the date this complaint was filed through the date of class certification who reside in Illinois."

Any IP customers who suffered fires which originated in the meter boxes, all IP officers, directors, and attorneys', all hearing and trial judges in this case and all judges sitting on the Illinois Court of Appeals and the Illinois Supreme Court are excluded from joining the class. The plaintiffs claim that the exact number of potential class members is unknown, but through proper investigations and discovery they believe there are more than 600,000 potential class members.

IP Services

IP provides electric service to its customers pursuant to a written contract. Each contract is not individually negotiated because every customer is bound by the terms of service contained within IP's tariff, which constitutes IP's contract with each of its customers.

According to the complaint, the tariff sets forth the rates that IP may charge, but also the obligations of IP and its customers regarding the provision, inspection, and maintenance of the facilities required for electric service.

The customer is responsible for electrical wiring and equipment beyond the point at which their electrical system is connected to IP's wiring. IP is responsible for the inspection and maintenance of the electrical wiring and equipment up to and including the connection between its wires and the customers' service conductors that is located in the meter box that is attached to the home.

Customers' Claims

The plaintiffs' claim the customer pays for the inspection and maintenance service every month. "The value of each inspection and maintenance not performed by IP is properly measured by the cost to purchase such inspection and maintenance on the open market, estimated to be approximately $80 to $100," the complaint states.

The monthly bill sent by IP to its customers includes an "Account Charge," which is separate and apart from the charges for the actual electricity consumed by the customer," the complaint states. They claim the "Account Charge" includes a "Facilities Charge" which compensates IP for the expense of its distribution system, including the inspection and maintenance of the system.

The plaintiffs' claim that IP's breaches have caused damages to them and the class in the amount of the value of the inspections and maintenance of the points of delivery it was required to provide each of them within the preceding 10 years.

"The value of each inspection and maintenance not performed by IP is properly measured by the cost to purchase such inspection and maintenance on the open market, estimated to be approximately $80 to $100," the complaint states.

"Specifically, IP should be ordered to perform the necessary inspections and any required maintenance of the points of delivery for plaintiffs and the class as soon as reasonably possible and to perform subsequent inspections and any required maintenance at regular intervals thereafter," the complaint states.

The class is seeking:

1. An order determining that this action may be maintained as a class action, certifying the class, designating them as class representatives and designating plaintiffs' counsel as class counsel;

2. A judgment awarding compensatory damages in favor of them and the class against IP for all damages they sustained as a result of their breach of contract in an amount to be proven at trial, including pre and post-judgment interest;

3. A judgment awarding plaintiffs and the class their reasonable costs and expenses of this action, including counsel fees and expert fees;

4. A judgment awarding specific performance or a permanent injunction against IP requiring them to inspect and maintain the points of delivery; and

5. A judgment awarding them and the class all such other and further relief as the court may deem just and proper.

The lawsuit is open to all residential electric customers of IP during the period from ten years before the complaint was filed through the date of class certification who reside in Illinois."