You won't be seeing variations of the word "approve" in my headline. That's because the Illinois Commerce Commission decision yesterday was not a pivotal moment that sealed the project's success.
Far from it.
Although the actual Order has been withheld from the parties and the general public for the time being, I've been able to piece together a general idea of its contents from various news stories, along with knowledge of what was in the proposed order issued by ALJ Larry Jones several months ago.
Clean Line applied to the ICC under two separate statutes.
Far from it.
Although the actual Order has been withheld from the parties and the general public for the time being, I've been able to piece together a general idea of its contents from various news stories, along with knowledge of what was in the proposed order issued by ALJ Larry Jones several months ago.
Clean Line applied to the ICC under two separate statutes.
Rock Island therein requests an order granting it a certificate of public convenience and necessity (“CPCN” or “Certificate”), pursuant to Section 8-406 of the Act, authorizing it to operate as a transmission public utility in the State of Illinois and to construct, operate and maintain an electric transmission line (“Project”); and authorizing and directing it, pursuant to Section 8-503 of the Act, to construct the proposed line.
News reports say that the Commission granted the CPCN under Section 8-406, but did NOT order it to construct the line under Section 8-503.
Sec. 8-406 makes it technically possible to construct the line, if it can acquire VOLUNTARY easements from all affected landowners.
Only under Sec. 8-503 may the company be granted the authority to take property through eminent domain condemnation. An order under 8-503 would set the company up to effect takings through mere procedural steps. But the ICC DENIED Clean Line's application under Section 8-503. Therefore, Clean Line would have to come back before the Illinois Commerce Commission with a second application for an order under Sec. 8-503 at some point in the future, with likely similar results.
ROCK ISLAND CLEAN LINE HAS BEEN DENIED EMINENT DOMAIN AUTHORITY TO TAKE PROPERTY IN ILLINOIS!
Big win for landowners!
Know this -- the ICC would never grant Clean Line eminent domain authority to take the majority of its route. Usually, holdouts in transmission line cases that actually end up being taken via eminent domain are few and far between. There's strength in numbers.
Feel free to say "no." Isn't it ironic that a company that has been telling regulators and the media how well it has been "collaborating with landowners" would now actually have to... well... collaborate with landowners? Perfect! However, Clean Line's lies and underhanded tactics have inspired massive distrust by landowners. And every farmer knows... you reap what you sow.
Sec. 8-406 makes it technically possible to construct the line, if it can acquire VOLUNTARY easements from all affected landowners.
Only under Sec. 8-503 may the company be granted the authority to take property through eminent domain condemnation. An order under 8-503 would set the company up to effect takings through mere procedural steps. But the ICC DENIED Clean Line's application under Section 8-503. Therefore, Clean Line would have to come back before the Illinois Commerce Commission with a second application for an order under Sec. 8-503 at some point in the future, with likely similar results.
ROCK ISLAND CLEAN LINE HAS BEEN DENIED EMINENT DOMAIN AUTHORITY TO TAKE PROPERTY IN ILLINOIS!
Big win for landowners!
Know this -- the ICC would never grant Clean Line eminent domain authority to take the majority of its route. Usually, holdouts in transmission line cases that actually end up being taken via eminent domain are few and far between. There's strength in numbers.
Feel free to say "no." Isn't it ironic that a company that has been telling regulators and the media how well it has been "collaborating with landowners" would now actually have to... well... collaborate with landowners? Perfect! However, Clean Line's lies and underhanded tactics have inspired massive distrust by landowners. And every farmer knows... you reap what you sow.
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