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COMMONWEALTH EDISON v. ILLINOIS COMMERCE

No. 2-18-0504.

128 N.E.3d 1165 (2019)

2019 IL App (2d) 180504

COMMONWEALTH EDISON COMPANY, Petitioner, v. The ILLINOIS COMMERCE COMMISSION; Ameren Illinois Company, d/b/a Ameren Illinois; Association of Illinois Electric Cooperatives; Blue Delta Energy, LLC; Carbon Solutions Group; Citizens Utility Board; Coalition for Community Solar Access; Elevate Energy; Ensync, Inc.; Environmental Defense Fund; Environmental Law & Policy Center; Grid Alternatives, Inc.; the Illinois Chamber of Commerce; Illinois Municipal Electric Agency; the Illinois Power Agency; Illinois Solar Energy Association; Little Village Environmental Justice Organization; Natural Resources Defense Council; Northstar PV LLC, d/b/a Summit Ridge Energy; Avangrid Renewables LLC; EDP Renewables North America LLC; Invenergy LLC; Nextera Energy Resources, LLC; Robert Bosch Start-up Platform North America LLC; Series 2, d/b/a Bosch Building Grid Technologies; Solar Business Coalition; Solar Development Associates, LLC; Solar Energy Industries Association; Coalition for Community Solar Access; Illinois Solar Energy Association; the People of the State of Illinois ex rel. Lisa Madigan, Attorney General; Wabash Valley Power Association, Inc.; and Wind on the Wires, Respondents.

Appellate Court of Illinois, Second District.

Opinion filed May 2, 2019.

Attorney(s) appearing for the Case

Clifford Berlow , of Jenner & Block LLP, of Chicago, and Matthew E. Price , of Jenner & Block LLP, of Washington, D.C., for petitioner.

James E. Weging , Special Assistant Attorney General, of Chicago, for respondent Illinois Commerce Commission.

Bradley D. Klein , of Chicago, for respondents Environmental Law & Policy Center et al.

OPINION

¶ 1 Under recently-enacted legislation, the Illinois Power Agency (IPA) developed a long-term renewable resources procurement plan (plan) to promote renewable energy, including the implementation of three programs that provide financial support to small renewable...

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