Commonwealth Edison Co. v. Ill. Commerce Comm’n

FutureGen was created to research and develop near-zero emissions coal technology and sought to use carbon capture and storage to develop the world’s first near-zero emissions coal power plant. The proposed retrofitted “clean coal” electric energy generating facility, known as “FutureGen 2.0,” was to be located in Meredosia, Illinois, and scheduled to begin operating in 2017. To secure private investment for FutureGen 2.0, the Illinois Commerce Commission issued an order finding that it has the authority to force public utility companies and smaller, privately owned and competitively operated Area Retail Electric Suppliers (ARES) to purchase all of FutureGen 2.0’s electrical output over a 20-year term. The appellate court affirmed the order. In 2015, while appeal was pending, the U.S. Department of Energy suspended funding for the FutureGen 2.0 project. The FutureGen Alliance board of directors approved a resolution in January 2016 ceasing all FutureGen 2.0 project development efforts and indicated its intention to terminate the sourcing agreements. The Illinois Supreme Court dismissed the appeal as moot, vacating the decision of the appellate court. View "Commonwealth Edison Co. v. Ill. Commerce Comm'n" on Justia Law