Commonwealth Edison Company v. Illinois Commerce Commission

2016 IL App (1st) 150425 · Appellate Court of Illinois, First District, Fourth Division · August 11, 2016 · No. 1-15-0425

Summary

The Illinois Appellate Court reviewed the Illinois Commerce Commission's interpretation of the term "formula rate structure" under the Public Utilities Act. The court held that the term was ambiguous, deferred to the Commission's reasonable interpretation limiting it to Schedules FR A-1 and FR A-1 REC, and affirmed the Commission's order.

Holdings

  1. The term "formula rate structure" is ambiguous because its language does not conclusively establish whether it refers only to Schedules FR A-1 and FR A-1 REC or to the broader group of schedules and appendices proposed by Commonwealth Edison. The Commission's reasonable interpretation therefore receives substantial weight and deference.
  2. The Commission reasonably defined Commonwealth Edison's formula rate structure as consisting only of Schedules FR A-1 and FR A-1 REC.
  3. The Commission's findings were not contrary to the manifest weight of the evidence, and Commonwealth Edison failed to demonstrate that the order was unsupported by substantial evidence or otherwise unreasonable.

Questions Presented

  1. Whether the Commission properly interpreted the ambiguous statutory term "formula rate structure" to include only Schedules FR A-1 and FR A-1 REC.
  2. Whether the Commission's interpretation and order were unsupported by substantial evidence, contrary to the manifest weight of the evidence, or arbitrary, capricious, or unreasonable.
  3. Whether the Commission was entitled to deference in construing the ambiguous term "formula rate structure."

Disposition

affirmed

Cases Cited (13)

  • People ex rel. Madigan v. Illinois Commerce Comm’n, 2011 IL App (1st) 101776, ¶ 6(followed)
  • Commonwealth Edison Co. v. Illinois Commerce Comm’n, 398 Ill. App. 3d 510, 514 (2009)(followed)
  • People ex rel. Hartigan v. Illinois Commerce Comm’n, 148 Ill. 2d 348, 367 (1992)(followed)
  • Continental Mobile Telephone Co. v. Illinois Commerce Comm’n, 269 Ill. App. 3d 161, 171 (1994)(followed)
  • Archer-Daniels-Midland Co. v. Illinois Commerce Comm’n, 184 Ill. 2d 391, 397 (1998)(followed)
  • Quality Saw & Seal, Inc. v. Illinois Commerce Comm’n, 374 Ill. App. 3d 776, 781 (2007)(followed)
  • Apple Canyon Lake Property Owners’ Ass’n v. Illinois Commerce Comm’n, 2013 IL App (3d) 100832, ¶ 21(distinguished)
  • Burlington Northern, Inc. v. Department of Revenue, 32 Ill. App. 3d 166, 177 (1975)(distinguished)
  • People ex rel. Madigan v. Illinois Commerce Comm’n, 2015 IL App (1st) 140275, ¶¶ 22-26(followed)
  • Fumarolo v. Chicago Board of Education, 142 Ill. 2d 54, 96 (1990)(followed)

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