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Resource Technology Corp. v. Illinois Commerce Comm'n

Case Date: 12/28/2004
Court: 1st District Appellate
Docket No: 1-04-0188 Rel

Second Division
December 28, 2004

No. 1-04-0188

RESOURCE TECHNOLOGY CORPORATION,

                           Plaintiff-Appellant,

          v.

ILLINOIS COMMERCE COMMISSION,

                           Defendant-Appellee.

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)		 Appeal from the
Circuit Court of
Cook County

No. 02 CH 18158

Honorable
Aaron Jaffe
Judge Presiding.


JUSTICE HALL delivered the opinion of the court:

Resource Technology Corporation (RTC) is a Delawarecorporation that presently owns and operates approximately 15electric generating facilities in Illinois, including thefacility located at 14732 East 2100 North Road, Pontiac, Illinois(Pontiac Facility). All of the electric generating facilities,including the Pontiac Facility, are primarily fueled by landfill-generated methane gas.

RTC appeals from the judgment of the trial court grantingthe Illinois Commerce Commission's (Commission) motion to dismissRTC's complaint for declaratory and injunctive relief and denyingRTC's motion for summary judgment on its request for thedeclaratory ruling.

On appeal, RTC contends that: (1) the Commission's proposedreview of the Pontiac Facility's status as a "qualified solidwaste energy facility" (QSWEF) pursuant to section 8-403.1(b) ofthe Illinois Public Utilities Act, commonly referred to as the"Retail Rate Law" (220 ILCS 5/8-403.1(b) (West 2000)), ispreempted by the Public Utility Regulatory Policies Act of 1978(PURPA) (16 U.S.C.