Commonwealth Edison Co. v. Illinois Commerce Commission

The Illinois Appellate Court upheld programs approved by the Illinois Commerce Commission that provide financial support to small renewable energy generation facilities. The programs involve the generation facilities’ sale of renewable energy credits to three major electric utilities, which pass along some costs to their ratepayers. Although certain “local utilities” are not subject to the programs’ requirements, the major utilities must buy credits from small renewable generating facilities within the local utilities’ service areas. One of the major utilities challenged this aspect of the programs, arguing that the state law authorizing the programs did not intend for generation facilities within the local utilities’ service areas to be included. The court deferred to the Commission and agreed that inclusion of such facilities in the programs promoted the legislative intent for the programs to meet goals, including goals to limit carbon dioxide emissions.