Sign in Subscribe
United States. Federal Energy Regulatory Commission

Protest of Ameren Illinois Company's Petition for Declaratory Order

Strategic Insights

— 2 min read

Ameren Illinois Company filed a petition with the Federal Energy Regulatory Commission (FERC) asking the Commission to preemptively declare that judicial precedent in Illinois enforcing the "first in the field" doctrine grants Ameren the right to construct, own, and operate regional transmission projects in Illinois. The Electricity Transmission Competition Coalition, the Industrial Energy Consumers of America, the Coalition of MISO Transmission Customers, and the Illinois Industrial Energy Consumers have submitted a protest to FERC, requesting that the Commission deny Ameren's petition with prejudice. The protest argues that Ameren has failed to demonstrate the existence of a controversy or any legal uncertainty that warrants resolution by the Commission.

Key Takeaways:

  • Ameren's petition asks FERC to declare that judicial precedent in Illinois enforcing the "first in the field" doctrine grants Ameren the right to construct, own, and operate regional transmission projects in Illinois.
  • The protest argues that there is no enforceable judicial precedent in Illinois granting incumbent transmission providers first in the field status for regional transmission projects.
  • Ameren cites a small number of cases that apply the first in the field doctrine to cases that do not involve electric transmission, and the cases show that the doctrine is a case-by-case factual inquiry undertaken in the context of an Illinois-jurisdictional certificate of public convenience and necessity (CPCN) approval proceeding.
  • The petition seeks to manufacture a state incumbent right of first refusal or preference for transmission development, ownership, and construction, which is not supported by the cited cases or any enforceable precedent.
  • The protest also argues that the petition does not identify a specific controversy or uncertainty that is within the Commission's power to terminate through a declaratory order.
  • The Illinois Governor has stated that the right of first refusal provision of the legislation will unnecessarily put a higher cost burden on consumers, and has expressed support for competitively bidding transmission construction instead of giving the utility a monopoly.
  • Ameren has also not sought a determination on the applicability of the first in the field doctrine from the Illinois Commerce Commission (ICC).

Statistics:

  • The Illinois Governor has stated that the right of first refusal provision of the legislation will raise costs for rate payers by giving incumbent utility providers in the MISO region a monopoly over new transmission lines.
  • There is currently over $3.6 billion in planned transmission construction in the Ameren service territory.
  • MISO has designated the Illinois Tranche 2.1 Projects as eligible for competition, and the default rule under MISO's Tariff for regionally cost-allocated transmission projects entails initiation of MISO's Competitive Transmission Process.
  • The first in the field doctrine has been applied in specific factual circumstances in Illinois state court cases, but not to FERC-jurisdictional regional transmission projects.

Sources:

  • "Petition For Declaratory Order And Request For Expedited Action Of Ameren Illinois Company," Ameren Illinois Company, Docket No. EL25-105-000 (filed July 24, 2025)
  • "Veto Message on HB 3445 (103rd General Assembly)" available at: https://ilga.gov/legislation/billstatus/fulltext?LegDocId=185182&DocName=10300HB3445gms&GA=103&LegID=148612&SessionId=112&SpecSess=00&DocTypeId=HB&DocNum=3445&GAID=17&Session=
  • MISO Tariff, Attachment FF, Section VIII.A.1
  • Section 220 ILCS 5/16-126(a)
  • https://www.misoenergy.org/planning/transmissionplanning/mtep/
  • https://cdn.misoenergy.org/LRTP%20Tranche%202.1%20RFP%20Release%20Schedule671259.pdf
  • https://cdn.misoenergy.org/State or Local Rights of First Refusal514796.pdf

Read more