Illinois Landowners Alliance v. Illinois Commerce Commission

Illinois Appellate Court
Civil Court
Public Utilities Act
Citation
Case Number: 
2016 IL App (3d) 150099
Decision Date: 
Wednesday, August 10, 2016
District: 
3d Dist.
Division/County: 
ICC
Holding: 
Reversed and remanded.
Justice: 
LYTTON

(Court opinion corrected 8/29/16.) Plaintiff petitioned the court for review of an order from Defendant allowing Rock Island Clean Line, LLC ("Rock Island") to operate as a public utility and granting the company a certificate of public convenience and necessity to construct, operate, and maintain a high voltage electric transmission line in Illinois. Court reversed Defendant's order. Based on its application and supporting documentation, Rock Island has not attained public utility status within the meaning of the Public Utilities Act. Because Rock Island is not a public utility, Defendant lacked authority to issue a certificate of public convenience and necessity under the Act. (CARTER and WRIGHT, concurring.)