Illinois Compiled Statutes
220 ILCS 5/9-230 (2026)
Rate of return; financial involvement with nonutility or unregulated companies
✓ current as of May 2026
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(220 ILCS 5/9-230)
(from Ch. 111 2/3, par. 9-230)
Sec. 9-230.
Rate of return; financial involvement with nonutility or
unregulated
companies. In determining a reasonable rate of return upon investment
for any public utility in any proceeding to establish rates or charges, the
Commission shall not include any (i) incremental risk, (ii)
increased cost of
capital, or (iii) after May 31, 2003, revenue or expense attributed to
telephone
directory operations, which is the direct or indirect result of the public
utility's
affiliation with unregulated or nonutility companies.
(Source: P.A. 92-22, eff. 6-30-01.)
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1996–2025 · leading case: Ill. Bell Tel. v. Ill. Comm. Com'n, 669 N.E.2d 919 (Ill. App. Ct. 1996).
Ill. Bell Tel. v. Ill. Comm. Com'n, 669 N.E.2d 919 (Ill. App. Ct. 1996). “*932 The Commission begs the threshold questions implicit in CUB's arguments: (1) what is the Commission's obligation in applying section 9-230; and (2) did the Commission meet that obligation? Section 9-230 provides: "In determining a reasonable rate of return upon investment…”
Commonwealth Edison Co. v. Illinois Com. Comm'n, 692 N.E.2d 1350 (Ill. App. Ct. 1998). “Rungren based his recommendation on his opinion that allowing ComEd to provide energy support services would impact ComEd's risk and cost of capital in an unquantified way, creating the potential for a violation of section 9-230 of the Act (220 ILCS 5/9-230 (West 1996)) in a…”
Ameren Illinois Co. v. The Illinois Com. Comm'n, 2015 IL App (4th) 140173 (Ill. App. Ct. 2015). “¶ 111 According to the retail gas suppliers, this substitution of a longer grace period for the shorter grace period in the statute is an unauthorized act, like the Commission's violation of section 9-230 (220 ILCS 5/9-230 (West 1994)) in Illinois Bell Telephone Co.”
Ameren Illinois Co. v. Illinois Com. Comm'n, 2013 IL App (4th) 121008 (Ill. App. Ct. 2014). “” 220 ILCS 5/9-230 (West 2012). ¶ 27 Ameren asserts the Commission failed to follow the plain language of the statute by ignoring Ameren’s “actual capital structure” and instead relying upon the capital structure of Ameren’s holding company.”
Ameren Illinois Co. v. The Illinois Com. Comm'n, 2015 IL App (4th) 140173 (Ill. App. Ct. 2015). “¶ 111 According to the retail gas suppliers, this substitution of a longer grace period for the shorter grace period in the statute is an unauthorized act, like the Commission’s violation of section 9-230 (220 ILCS 5/9-230 (West 1994)) in Illinois Bell Telephone Co.”
Ameren Illinois Co. v. Illinois Com. Comm'n, 2013 IL App (4th) 121008 (Ill. App. Ct. 2014). “" 220 ILCS 5/9-230 (West 2012). ¶ 27 Ameren asserts the Commission failed to follow the plain language of the statute by ignoring Ameren's "actual capital structure" and instead relying upon the capital structure of Ameren's holding company.”
Commonwealth Edison Co v. Illinois Com. Comm'n, 2025 IL App (3d) 240697-U (Ill. App. Ct. 2025). “” 220 ILCS 5/9-230 (West 2022). Citing this provision, the appellate court in Ameren Illinois Co.”
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