Petitioner appealed directly from an interim order of the Illinois Commerce Commission in which the Commission found that petitioner met the definition of a public utility under the Illinois Public Utilities Act and directed petitioner to apply for a certificate of public convenience and necessity. Petitioner argued on appeal that the Commission erred in determining that it was a public utility. The appellate court affirmed, finding that the petitioner met both requirements for attaining public utility status because it owned transmission assets in connection with the transmission of electricity and, through an open access transmission tariff, made electricity usage available to customers in Illinois. As a result, the appellate court concluded that the Commission did not err in its finding that petitioner was a public utility subject to regulation under the Act. (BOIE and McHANEY, concurring)
Illinois Appellate Court
Civil Court
Public Utilities Act