ILCS » Chapter 220 · Act 5
Illinois Compiled Statutes

220 ILCS 5/9-252 (2026)

When complaint is made to the Commission concerning any rate or other charge of any public utility and the Commission finds, after a hearing, that the public utility has charged an excessive or unjustly discriminatory amount for its product, commodity or service, the Commission may order that the public utility make due reparation to the complainant therefor, with interest at the legal rate from the date of payment of such excessive or unjustly discriminatory amount

✓ current as of May 2026
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(220 ILCS 5/9-252) (from Ch. 111 2/3, par. 9-252)
    Sec. 9-252. When complaint is made to the Commission concerning any rate or other charge of any public utility and the Commission finds, after a hearing, that the public utility has charged an excessive or unjustly discriminatory amount for its product, commodity or service, the Commission may order that the public utility make due reparation to the complainant therefor, with interest at the legal rate from the date of payment of such excessive or unjustly discriminatory amount.
    If the public utility does not comply with an order of the Commission for the payment of money within the time fixed in such order, the complainant, or any person for whose benefit such order was made, may file in a circuit court of competent jurisdiction a complaint setting forth briefly the causes for which the person claims damages and the order of the Commission in the premises. Such action shall proceed in all respects like other civil actions for damages, except that on the trial of such action the order of the Commission shall be prima facie evidence of the facts therein stated. If the plaintiff shall finally prevail, he or she shall be allowed a reasonable attorney's fee to be taxed and collected as a part of the costs of the action.
    All complaints for the recovery of damages shall be filed with the Commission within 2 years from the time the produce, commodity or service as to which complaint is made was furnished or performed, and a petition for the enforcement of an order of the Commission for the payment of money shall be filed in the proper court within one year from the date of the order, except that if an appeal is taken from the order of the Commission, the time from the taking of the appeal until its final adjudication shall be excluded in computing the one year allowed for filing the complaint to enforce such order.
    The remedy provided in this section shall be cumulative, and in addition to any other remedy or remedies in this Act provided in case of failure of a public utility to obey a rule, regulation, order or decision of the Commission.
(Source: P.A. 88-323.)

    
Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1998–2025 · leading case: Zahn v. North Am. Power & Gas, LLC, 2016 IL 120526 (Ill. 2016).
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Zahn v. North Am. Power & Gas, LLC, 2016 IL 120526 (Ill. 2016). · cites it 3× “Citing section 9-252 of the Public Utilities Act (220 ILCS 5/9-252 (West 2014)), which pertains to complaints “concerning any rate or other charge of any public utility,” and in accordance with precedent from our appellate court, we held there that if a claim is deemed to be one…”
Zahn v. North Am. Power & Gas, LLC, 2016 IL 120526 (Ill. 2017). · cites it 3× “Citing section 9-252 of the Public Utilities Act (220 ILCS 5/9-252 (West 2014)), which pertains to complaints “concerning any rate or other charge of any public utility,” and in accordance with precedent from our appellate court, we held there that if a claim is deemed to be one…”
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014). · cites it 3× “In a rate-setting process before the Commission, the regulated utility bears the burden of proving the “justness and reasonableness of the proposed rates.”
Vill. of Deerfield v. Commonwealth Edison Co., 929 N.E.2d 1 (Ill. App. Ct. 2010). · cites it 3× “That section provides, in pertinent part: "When complaint is made to the Commission concerning any rate or other charge of any public utility and the Commission finds, after a hearing, that the public utility has charged an excessive or unjustly discriminatory amount for its…”
Sheffler v. Commonwealth Edison Co., 955 N.E.2d 1110 (Ill. 2011). “* * * All complaints for the recovery of damages shall be filed with the Commission within 2 years from the time the produce, commodity or service as to which complaint is made was furnished *1123 or performed, and a petition for the enforcement of an order of the Commission for…”
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014). · cites it 3× “In a rate-setting process before the Commission, the regulated utility bears the burden of proving the “justness and reasonableness of the proposed rates.”
Thomas v. Peoples Gas Light & Coke Co., 2011 IL App (1st) 102868 (Ill. App. Ct. 2011). “” 220 ILCS 5/9-252 (West 2008). The “ ‘evident intent and purpose of the legislature in providing a method by which reparation may be recovered and in requiring that an application therefor shall be first made to the commission, precludes an action at law for such reparation…”
Durica v. Commonwealth Edison Co., 2015 IL App (1st) 140076 (Ill. App. Ct. 2015). · cites it 2× “That section of the Public Utilities Act provides that if a utility “has charged an excessive or unjustly discriminatory amount for its product, commodity or service, the Commission may order that the public utility make due reparation to the complainant therefor.”
Commonwealth Edison Co. v. Illinois Com. Comm'n, 2013 IL App (2d) 120334 (Ill. App. Ct. 2013). “111b, ¶ 9-252 (now 220 ILCS 5/9-252 (West 2010))). The appellate court affirmed the Commission’s rate determination in Rate Order II, but reversed the refund’s inclusion of revenues from a later test year.”
Hawkins v. Commonwealth Edison Co., 2015 IL App (1st) 133678 (Ill. App. Ct. 2015). “” 220 ILCS 5/9-252 (West 2012). The statute also requires that all claims for such damages “shall be filed with the Commission within 2 years from the time the produce, commodity or service as to which complaint is made was furnished or performed.”
Hawkins v. Commonwealth Edison Co., 2015 IL App (1st) 133678 (Ill. App. Ct. 2015). “" 220 ILCS 5/9-252 (West 2012). The statute also requires that all claims for such damages "shall be filed with the Commission within 2 years from the time the produce, commodity or service as to which complaint is made was furnished or performed.”
Zahn v. North Am. Power & Gas, LLC, 2016 IL 120526 (Ill. 2016). · cites it 3× “Citing section 9-252 of the Public Utilities Act (220 ILCS 5/9-252 (West 2014)), which pertains to complaints “concerning any rate or other charge of any public utility,” and in accordance with precedent from our appellate court, we held there that if a claim is deemed to be one…”
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