Wade v. Illinois Commerce Commission

Illinois Appellate Court
Civil Court
Utilities
Citation
Case Number: 
2017 IL App (1st) 171230
Decision Date: 
Friday, December 1, 2017
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed in part and remanded with directions.
Justice: 
CUNNINGHAM

Pro se petitioner filed administrative review action, challenging legality of ComEd's smart meter refusal charge of $21.53 monthly. Court properly denied Petitioner's motion for summary judgment and granted ComEd's motion to dismiss. State law governs relation of ComEd's installation of smart meter, but there is no federal law mandating smart meters. The smart meter refusal charge does not violated federal law and is not unconstitutional. Remanded to determine amount of late fees ComEd improperly charged Petitioner while her complaint was pending. (CONNORS and DELORT, concurring.)