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Illinois Approves Long-Term Renewable Plan

On April 3, 2018, the Illinois Commerce Commission (ICC) approved, with modifications recommended by solar advocates and consumer groups, the Illinois Power Agency’s (IPA) Long-Term Renewable Resources Procurement Plan (Plan). The Plan was adopted under the Future Energy Jobs Act, which requires the ICC to establish a long-term plan for renewable resources procurement and lays out a path for electric utilities to get 25% of their power from renewable resources by 2025.

The Plan sets forth how the IPA, which procures energy for the state’s investor-owned utilities, will implement and oversee a variety of programs and procurements to purchase renewable energy credits (RECs). The utilities had argued that municipal utility and cooperative customers should not be able to sell RECs from their solar projects, since they do not pay into the state’s renewable energy fund that finances the RECs. An administrative law judge previously proposed an order that banned municipal and rural electric cooperative customers from the REC program.

However, the final Plan made several changes to the administrative law judge’s proposed order that are aimed at ensuring broad participation in the program and allows for municipal and rural electric cooperative customers to participate in the REC programs. The Plan also includes the Illinois Solar for All Program, which aims to provide a solar market for low-income households and communities. Further, the Plan includes auditing procedures to ensure Illinois residents benefit from the Plan; provisions to maximize Illinois’ benefit from the clean energy economy; and eliminates all spot REC procurements to increase investment in new renewable resources that will help meet Illinois’ long-term renewable energy goals.

To learn more about the history of the Plan, click here, and to read the final order approving the Plan, click here.

© 2020 Foley & Lardner LLPNational Law Review, Volume VIII, Number 99


About this Author

Jason W. Allen, Foley Lardner, Energy Industry Lawyer, Finance Attorney

Jason Allen is a partner and business lawyer with Foley & Lardner LLP, where he is a member and co-chair of the Energy Industry Team. He is a member of the Finance & Financial Institutions, Transactional & Securities, and Private Equity & Venture Capital Practices. Mr. Allen’s practice focuses in the areas of mergers and acquisitions, private equity, finance, and general corporate and commercial law, with a particular emphasis on transactions in the energy industry. 

Larry Bonney Wisconsin Business Lawyer

Larry Bonney is a partner and business lawyer with Foley & Lardner LLP. His practice concentrates on representing owners, sponsors, developers, sellers, buyers, lenders and other parties in a wide array of energy matters, with a particular focus on real estate and development aspects. Mr. Bonney heads the real estate and project development group of the Energy Industry Team. He is also a member of the Finance & Financial Institutions and Real Estate Practices.

Justus Britt, Solar Energy Project Attorney, Foley Lardner Law Firm

Justus Britt is a business lawyer and special counsel with Foley & Lardner LLP. Mr. Britt focuses on the development and acquisition of solar energy projects. His project development experience includes advising clients on real estate, permitting, and construction matters, including negotiating supply, EPC, and O&M agreements. Mr. Britt’s acquisition experience includes leading due diligence efforts and assisting on stock and asset purchase agreements, as well as joint venture agreements. He is a member of the firm’s Energy Industry Team and the Transactional...