Publications

Section Newsletter Articles on Public Utilities

TCPA damages not punitive By Michael Hoscheit Bench and Bar, September 2013 In Standard Mutual Insurance Co. v. Lay, the Illinois Supreme Court held that “the [Telephone Consumer Protection Act] is remedial and not penal, and the TCPA-prescribed damages of $500 per violation are not punitive damages.” Therefore, an insurer cannot cite to the punitive nature of TCPA damages as a reason to deny coverage.
Utility law update By Michael S. Pabian Energy, Utilities, Telecommunications, and Transportation, November 2007 On July 26, the General Assembly finalized passage of Senate Bill 1704, which signaled another significant accomplishment in the state’s effort to secure FutureGen. FutureGen is a public-private partnership to design, build, and operate the world’s first coal-fueled, near-zero emissions power plant, at an estimated net project cost of $1.5 billion.
Federal legislation exempts utility drivers from hours of service regulations By Michael S. Pabian Energy, Utilities, Telecommunications, and Transportation, September 2005 Last month, Congress passed and President Bush signed a six-year highway program funding reauthorization bill.
New legislation concerning utilities and rights-of-way By Richard F. Bales Energy, Utilities, Telecommunications, and Transportation, June 2004 Generally speaking, a public utility has the right to install underground utilities in a statutory dedicated road. Such underground installations are regarded as being within the easement for highway purposes, in favor of the public.