RESOURCE TECH. CORP. v. COMMONWEALTH EDISON

No. 1-02-2732.

795 N.E.2d 936 (2003)

343 Ill. App.3d 36

277 Ill.Dec. 268

RESOURCE TECHNOLOGY CORPORATION, Petitioner-Appellant, v. COMMONWEALTH EDISON COMPANY, and the Illinois Commerce Commission, Intervenors Banco Panamericano, Inc., Chiplease, Inc. and Leon Greenblatt, Respondents-Appellees.

Appellate Court of Illinois, First District, Third Division.

August 6, 2003.


Attorney(s) appearing for the Case

Chuhak & Tecson, P.C., Chicago (Alan R. Dolinko, Gary J. Stern and Tracy E. Stevenson, of counsel), for Appellant.

Paul F. Hanzlik and John L. Rogers, Foley & Lardner (Anastasia M. Polek, Associate General Counsel, Exelon Business Services Co., of counsel), Chicago, for Appellee-Commonwealth Edison Company.

John P. Kelliher and David L. Nixon, Special Assistant Attorneys General Office of General Counsel, Illinois Commerce Commission, Chicago, for appellee-Illinois Commerce Commission.


Justice WOLFSON delivered the opinion of the court:

Resource Technology Corporation (RTC) is in the business of collecting methane gas generated by landfills and converting the gas into usable energy. In 1997, the Illinois Commerce Commission (Commission) determined that 15 of RTC's facilities, including one in Pontiac, Illinois, qualified as "qualified solid waste energy facilities" (QSWEFs) under the Illinois Retail Rate Law. As a result, Commonwealth Edison (ComEd...

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