Illinois Supreme Court to Hear Appeal on Rock Island Clean Line (RICL)

FOR IMMEDIATE RELEASE

November 28, 2016

Illinois Supreme Court to Hear Appeal on Rock Island Clean Line (RICL)

The Illinois Supreme Court has decided to review the 3rd Appellate Court ruling that Rock Island Clean Line (RICL) does not qualify as a public utility. The Illinois Landowners Alliance (ILA), the Illinois Farm Bureau, and ComEd prevailed in their arguments to the 3rd Appellate Court of Appeals that RICL does not meet the requirements of a public utility, and, therefore, is not entitled to eminent domain.

The Illinois Supreme Court will review the August ruling of the Appellate Court that unanimously reversed the Order of the Illinois Commerce Commission granting a certificate of public convenience and necessity to the Rock Island Clean Line, and remanded the cause to the Commission with directions to enter an order consistent with its decision. RICL, along with other special interest parties, are appealing that decision to the Illinois Supreme Court.

The Appellate Court ruled that RICL failed to meet the requirements of a public utility including that it does not own, control, operate, or manage assets within the State; and, more importantly, that the proposed transmission line is not for public use without discrimination. Because RICL is not a public utility, the Court said, the ICC lacked authority to issue a CPCN in the first place.

Mary Mauch, Executive Director for ILA, stated, “We are encouraged by the Appellate Court’s unanimous decision that RICL does not meet the requirements of a public utility and are confident that the law will prevail again at the Illinois Supreme Court. We have believed from the very beginning that private, start-up spec companies, operating outside of the established electric grid, do not have the same rights of eminent domain as the real electric utility companies. We are more determined than ever to protect our private property rights from a precedent that would push the boundaries of eminent domain.”

Four years ago, on November 28, 2012, the newly formed Illinois Landowners Alliance submitted their petition to intervene to the Illinois Commerce Commission (ICC) in opposition RICL. The ILA represents more than 300 landowners who own or have interests in more that 100,000 acres of land that lies on or along the proposed RICL route in Illinois. Their first filing to the Illinois Supreme Court, along with the Illinois Farm Bureau, representing more than 80,000 members, states: “The member-landowners of these two organizations steadfastly oppose having to face the prospect of Rock Island forcing its way onto their farms and other lands through legal process in order to build its transmission line. Although the proceedings before the Commission did not include a request for eminent domain authority, had the Commission’s Order been allowed to stand, Rock Island inevitably would have returned to the Commission to seek authority, as a newly-certificated public utility, to exercise eminent domain to acquire rights of way across those farms and lands.” (See document link below.)

The Illinois Supreme Court process is very similar to the Appellate Court process. Briefs from RICL and the other appealing special interest parties are due on December 28th. Reply briefs from the opposing parties, including ILA, Illinois Farm Bureau, and ComED, are due 35 days later. Oral arguments are expected to be scheduled 2-3 months after the last briefs are filed. An opinion normally takes 3-4 months, although the Appellate Court took much longer to rule.

RICL continues to be stalled in Iowa. Despite previous agent activity, RICL has acquired less than 15% of the necessary easements. Through the efforts of The Preservation of Rural Iowa Alliance the outcome of 2016 legislative efforts was positive including a definition of Merchant Utility Line and atimeline writteninto code. On August 8th, The Iowa UtilitiesBoard issued theirorder establishing a specific timeline and dates that RICL must adhere to as they continue the franchise petition process. Carolyn Sheridan, PRIA board of director president states “Iowa property owners remain unified and strong in their opposition to the proposed RICL transmission line and will continue their work to make certain private property rights are respected. Our success is directly related to a large group of people with a common goal to protect private property rights.”

Illinois Landowners Alliance and Illinois Farm Bureau first filing to the Illinois Supreme Court: http://www.blockricl.com/IAA%20and%20ILA%20Joint%20Answer%20to%20PLA%20-%20RICL.pdf

Rock Island Clean Line (RICL) is a 500-mile high-voltage direct current electric transmission line that was proposed to run from northwestern Iowa to northeast Illinois. It is owned by Clean Line Energy Partners of Houston, Texas, who is also developing at least two other transmission projects to capitalize on moving energy (not restricted to wind) from the Midwest into expensive eastern electric markets. Clean Line is currently supported by financial contributions from private investors while it struggles to get any of its projects constructed to generate revenue.