I live in a rural electric cooperative, municipal electric utility, or the Mt. Carmel Public Utility Company territory. Am I eligible to participate in the Adjustable Block Program?

The Illinois Power Agency’s Revised Long-Term Renewable Resources Procurement Plan proposed allowing participation in the Adjustable Block Program (for REC incentive payments) by community solar and photovoltaic distributed generation projects located in the service territories of rural electric cooperatives, municipal electric utilities, and Mt. Carmel Public Utility Company. That proposal (along with the Long-Term Plan itself) was affirmed by the Illinois Commerce Commission in its Administrative Order issued on April 3, 2018 in ICC Docket No. 17-0838.

In June 2018, Commonwealth Edison Company (ComEd) filed a petition seeking review of that determination (i.e., an appeal) with the state’s Second District Appellate Court, case number 2-18-0504. On May 2, 2019, the Appellate Court affirmed the ICC’s decision in this regard.  On July 11, 2019, ComEd filed a Petition for Leave to Appeal with the Illinois Supreme Court, which denied the Petition (no. 124898) on September 25, 2019.  It thus appears that all avenues for appellate relief have been exhausted, and the Commission’s decision allowing such projects to participate will continue to govern program implementation. As a consequence, barring unanticipated future legislative action, projects in the service territories of rural electric cooperatives, municipal electric utilities, and Mt. Carmel Public Utility Company, will continue to be allowed to receive REC delivery contracts under the Adjustable Block Program, as they have since the outset of the Program.  Please see Sections 6.15.3 and 7.4 of the Revised Long-Term Plan for more information on requirements applicable to projects in the service territories of rural electric cooperatives or municipal electric utilities.

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