The Illinois Supreme Court has reversed the Fifth District Appellate Court and reinstated the Illinois Commerce Commission’s approval of a certificate of public convenience and necessity for Grain Belt Express, LLC’s multistate high‑voltage transmission line.
The Court held that the Public Utilities Act does not require an applicant to show current financing at the time of certification. Instead, an applicant may demonstrate capability through established industry “project finance” practices and substantial evidence of future financing capacity. Because Grain Belt Express adequately showed it could secure full financing without causing significant adverse financial consequences to the utility or its customers, the ICC’s decision was affirmed, and the case was remanded to the appellate court to address remaining issues not previously reached.
HeplerBroom appellate attorney Irina Dmitrieva submitted an amicus brief supporting the Commerce Commission’s decision to grant Grain Belt the certificate.