Plaintiff sought direct appellate review of the final order of Defendant defining the term "formula rate structure" for purposes of sections 16-108.5(c) and (d) of the Public Utilities Act (Act) (220 ILCS 5/16-108.5(c), (d) (West 2012)).This definition essentially determines which changes to the formula rate may be made in annual formula rate update proceedings and which changes must be made in separate proceedings under section 9-201 of the Act. There is nothing sufficient to overcome the prima facie reasonableness of Defendant’s order. Defendant had the authority to interpret the ambiguous term “formula rate structure” contained in the Act, and Plaintiff has provided nothing to show that the opposite interpretation is the only possible interpretation of that term. (HOWSE and COBBS, concurring.)
Illinois Appellate Court
Civil Court
Public Utilities Act