Last year the Illinois Legislature overrode a gubernatorial veto to pass the Energy Infrastructure Modernization Act (EIMA) and ComEd embarked on an ambitious 10-year, $2.6 billion investment program.

There have been numerous twists and turns since then. Earlier this year the ICC's interpretation of the EIMA prompted it to disallow key costs in ComEd’s first formula rate case under the new law. ComEd sought a rehearing on 13 issues it said had a significant aggregate impact on its finances, but only three issues were reconsidered in the rehearing and only one was overturned. As a result, ComEd said it faces a reduction in funding of nearly $100 million per year in 2014 and beyond.

The utility is challenging the ICC ruling in the Illinois Appellate Court, and as the Chicago Sun-Times points out, the Senate resolution gives ComEd ammunition in its legal challenge.

"The General Assembly last year voted overwhelmingly in favor of the grid modernization law, because it will create more than 2,000 jobs, help reduce power outages, and hold utilities to first-of-a-kind performance standards to ensure that Illinois residents get better service and cost-saving opportunities," said Illinois Senate President John J. Cullerton. "The law also very clearly recognized this program requires a significant amount of investment, and to do this, utilities need reasonable certainty to recover their actual costs. Today’s resolution sends a strong message that the legislature wants the ICC to adhere to the law and ensure all benefits are achieved."

Anne Pramaggiore, ComEd president and CEO, noted that the resolution only asks for what the legislation already provides.

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