Illinois Landowners Alliance, NFP v. Illinois Commerce Commission

Illinois Supreme Court
Civil Court
Public Utilities Act
Citation
Case Number: 
2017 IL 121302
Decision Date: 
Thursday, September 21, 2017
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Appellate court affirmed.
Justice: 
KARMEIER

Illinois Commerce Commission granted certificate of public convenience and necessity to company for construction of a high voltage electric transmission line, to connect wind generation facilities in various states with electrical markets, between O'Brien Co., IA, and a converter station adjacent to a ComEd Company substation in Grundy Co., IL. Commission had no authority under Public Utilities Act to consider company's application, as company did not qualify as a public utility under Illinois law. The Act requires present ownership, management, or control of defined utility property or equipment to qualify as a public utility. (FREEMAN, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)