News and Events Involving Environmental Law, Published by Chicago Environmental Attorney Dave Scriven-Young
of Peckar & Abramson, P.C. -- (312) 239-9722

Illinois Appellate Court Upholds Requirement That ComEd Purchase FutureGen Power

The Illinois Appellate Court recently ruled that it is legal to require Commonwealth Edison to purchase power from the proposed FutureGen 2.0 project.  In Commonwealth Edison Co. v. Illinois Commerce Commission, 2014 IL App (1st) 130544, the court upheld the Illinois Commerce Commission’s approval of an Illinois Power Agency proposal that required ComEd to enter into a sourcing agreement with FutureGen 2.0, which has been called “the world’s first coal-fueled, near-zero emissions electric power plant”.  Although ComEd insisted that the Commerce Commission exceeded its authority, the Court disagreed, pointing to state law that requires the utilities to source some of their electricity from clean coal or retrofitted facilities.

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