Commonwealth Edison Co. v. Illinois Commerce Commission

Illinois Appellate Court
Civil Court
Utilities
Citation
Case Number: 
2019 IL App (2d) 180504
Decision Date: 
Thursday, May 2, 2019
District: 
2d Dist.
Division/County: 
ICC
Holding: 
Affirmed.
Justice: 
BURKE

Illinois Commerce Commission approved Illinois Power Agency's long-term renewable resources procurement plan to promote renewable energy, which implemented 3 programs providing financial support to small renewable energy generation facilities. The plan, as approved, compels 3 large electric utilities to buy credits from generation facilities operating in the service areas of municipal electric utilities and rural electric cooperatives, which are statutorily exempt from purchasing credits. Although the terms "electric utility" and "utility" are ambiguous, Commission's interpretation, that the generation facilities eligible for the programs are statutorily defined to include those within the service areas of the local utilities, is in favor of the stated legislative intent of promoting the programs. Plan will reasonably and prudently fulfill the requirements of sections 1-56 and 1-75(c) of the Illinois Power Agency Act. (SCHOSTOK and HUDSON, concurring.)