People ex rel. Kwame Raoul v. Illinois Commerce Comm’n

Illinois Appellate Court
Civil Court
Public Utilities Act
Citation
Case Number: 
2021 IL App (1st) 200366
Decision Date: 
Friday, June 25, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
MIKVA

After an annual rate update proceeding under Public Utilities Act, Commerce Commission issued final order as to delivery service charges that Commonwealth Edison (ComEd) was permitted to collect from its customers in 2020. Attorney General claimed that ComEd's deferral of income taxes should occur over a period of 5 years instead of the 39.47-year period ordered by the Commission. Attorney General also argued that plant additions initially projected to go into effect in 2019 but would not actually go into effect until 2020 should not have been included in the calculations to be included as cost inputs for purposes of calculating its 2020 rates. Court concluded there is no basis to question deference to the Commission's broad expertise in area of ratemaking. (HARRIS and ODEN JOHNSON, concurring.)