The Citizens Utility Board v. Illinois Commerce Commission

Illinois Appellate Court
Civil Court
Public Utilities Act
Citation
Case Number: 
2016 IL App (1st) 152936
Decision Date: 
Friday, June 10, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
HOFFMAN

Plaintiffs filed joint petition with Illinois Commerce Commission (ICC), requesting that ICC initiate proceeding to approve a community-owned solar pilot program using virtual net metering in service territory of ComEd.  ICC properly granted ComEd’s petition to dismiss petition. Although net metering offered by ComEd pursuant to Rider is statutorily mandated by Public Utilities Act Section 16-107.5, the net metering proposed by Plaintiffs’ proposed Rider is not. The net metering service outlined in Plaintiffs’ proposed Rider is not a tariffed service required by Seciton 16-103 of Public Utilities Act. Thus, ICC was prohibited, per Section 16-103(e), from requiring ComEd to offer service in proposed Rider or approving pilot program that would require  ComEd to offer that service. (ROCHFORD and DELORT, concurring.)