Commerce Energy Reports ACN Filing of Arbitration Claim With the American Arbitration Association
May 10 2006 - 5:15PM
PR Newswire (US)
COSTA MESA, Calif., May 10 /PRNewswire-FirstCall/ -- Commerce
Energy Group, Inc. (AMEX:EGR), (the "Company"), a leading U.S.
electricity and natural gas marketing company, today announced that
on May 4, 2006, American Communications Network, Inc. ("ACN") filed
with the American Arbitration Association ("AAA") in New York its
demand for arbitration of its dispute with Commerce Energy, Inc.
("Commerce"), a wholly-owned subsidiary of the Company. In its
filed demand, ACN alleges claims against Commerce related to the
Sales Agency Agreement terminated by ACN effective February 9,
2006, for breach of contract and breach of implied duty of good
faith and fair dealing, seeking damages and restitution in amounts
to be determined at the hearing. As previously reported on March 2,
2006, ACN delivered to Commerce an arbitration demand claim,
alleging that Commerce was liable for significant actual,
consequential and punitive damages and restitution on a variety of
causes of action including anticipatory breach of contract, unjust
enrichment, tortuous interference with prospective economic
advantage and prima facie tort with respect to alleged future
commissions. This claim was delivered by mail to Commerce but was
not filed with the AAA. On March 23, 2006, Commerce filed a demand
for arbitration with the AAA, alleging breach of contract by ACN
and seeking unspecified damages. As noted above, in its response
claim filed with AAA on May 4, 2006, ACN has not included claims
for tortuous interference with prospective economic advantage and
prima facie tort and has not included specific damage amounts. "We
continue to believe that ACN's claim is completely without merit,
and we are pleased that this dispute is now properly before the AAA
in New York where we will vigorously pursue resolution before the
arbitration panel," said Steven S. Boss, the Company's Chief
Executive Officer. About Commerce Energy Group, Inc. Commerce
Energy Group, Inc. (AMEX:EGR) is a leading independent U.S.
electricity and natural gas marketing company, operating through
its wholly-owned subsidiaries, Commerce Energy, Inc. and Skipping
Stone, Inc. Commerce Energy, Inc. is a FERC-licensed unregulated
retail marketer of natural gas and electricity to homeowners,
commercial and industrial consumers and institutional customers
operating in nine states. Skipping Stone is an energy consulting
firm serving utilities, pipelines, merchant trading and technology
companies. For more information, visit
http://www.commerceenergygroup.com/. Contacts: Commerce Energy
Group, Inc. Investor Relations (800) 962-4655 PondelWilkinson Inc.
Cecilia Wilkinson/Wade Huckabee 310-279-5980 / Forward-Looking
Statements Except for historical information contained in this
release, statements in this release, including those of Mr. Boss,
may constitute forward-looking statements regarding the company's
assumptions, projections, expectations, targets, intentions or
beliefs about future events. Words or phrases such as
"anticipates," "believes," "estimates," "expects," "intends,"
"plans," "predicts," "projects," "targets," "will likely result,"
"will continue," "may," "could" or similar expressions identify
forward-looking statements. Forward-looking statements are not
guarantees of future performance and involve risks and
uncertainties, which could cause actual results or outcomes to
differ materially from those expressed. Commerce Energy cautions
that while such statements are made in good faith and the company
believes such statements are based upon reasonable assumptions,
including without limitation, management's examination of
historical operating trends, data contained in records, and other
data available from third parties, the company cannot assure that
its projections will be achieved. In addition to other factors and
matters discussed from time to time in our filings with the U.S.
Securities and Exchange Commission, or the SEC, some important
factors that could cause actual results or outcomes for Commerce
Energy Group, Inc. or its subsidiaries to differ materially from
those discussed in forward-looking statements include: the
uncertainties of litigation, arbitration or other dispute
resolution procedures, the volatility of the energy market,
competition, operating hazards, uninsured risks, failure of
performance by suppliers and transmitters, changes in general
economic conditions, seasonal weather or force majeure events that
adversely effect electricity or natural gas supply or
infrastructure, increased or unexpected competition, adverse state
or federal legislation or regulation or adverse determinations by
regulators, including failure to obtain regulatory approvals. Any
forward-looking statement speaks only as of the date on which such
statement is made, and, except as required by law, Commerce Energy
undertakes no obligation to update any forward-looking statement to
reflect events or circumstances after the date on which such
statement is made or to reflect the occurrence of unanticipated
events. New factors emerge from time to time, and it is not
possible for management to predict all such factors. DATASOURCE:
Commerce Energy Group, Inc. CONTACT: Investor Relations of Commerce
Energy Group, Inc., +1-800-962-4655, ; or Cecilia Wilkinson, , or
Wade Huckabee, , both of PondelWilkinson Inc., +1-310-279-5980, for
Commerce Energy Group, Inc. Web site:
http://www.commerceenergygroup.com/
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