Pennington v. ZionSolutions LLC

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiffs-utility company customers’ diversity action under Ill. Public Utilities Act, alleging that defendants-Trustee of decommissioning trust fund and others had improperly managed trust funds during ongoing decommissioning of Zion nuclear plant. Plaintiffs could not bring instant lawsuit in absence of indication that defendants had in fact mismanaged trust assets, and plaintiffs were wrong parties to bring instant lawsuit, where plaintiffs were not direct beneficiaries of trust fund and would only stand to gain if there was surplus of funds after completion of plant’s decommissioning. Ct. further noted that plaintiffs had potential remedy with Nuclear Regulatory Commission should there be any evidence of mismanaged trust funds.