Contract analysis

I. INTRODUCTION Petitioner Metropolitan Transit Development Corporation ("MTDC" or "Petitioner"), an Illinois municipal corporation and public transit authority duly organized and existing under the Metropolitan Transit Development Act, 70 ILCS 3615 et seq., with its principal offices located at 200 West Adams Street, Suite 2400, Chicago, Illinois 60606, by and through its attorneys, Calderwood & Harkness LLP, respec

II. BACKGROUND AND PROCEDURAL HISTORY A. The FTA Grant Award and Electrification Project On January 9, 2023, the United States Department of Transportation, Federal Transit Administration ("FTA"), issued a Notice of Award under the Low- and No-Emission Vehicle Program, authorized pursuant to 49 U.S.C. § 5339(c), designating MTDC as the recipient of a federal electrification grant in the amount of Seventy-Eight Millio

III. GROUNDS FOR WITHDRAWAL A. FTA Grant Rescission On June 8, 2023, the congressional continuing resolution that had been funding federal discretionary programs, including transit capital grants administered by the FTA, expired without reauthorization. Congress failed to enact either a full-year appropriations measure or a successor continuing resolution that would have sustained discretionary transit capital fundin

IV. REQUEST FOR WITHDRAWAL WITHOUT PREJUDICE MTDC respectfully requests that this Commission grant the withdrawal of the Verified Petition without prejudice to MTDC's right to refile a petition concerning the same or substantially similar subject matter at a future date. Preservation of the right to refile is appropriate and necessary because the circumstances that have rendered the Electrification Project infeasible

V. LEGAL STANDARD The Commission's procedural rules authorize a petitioner to withdraw a petition prior to the entry of a final order. Section 200.190 of the Commission's Rules of Practice, 83 Ill. Admin. Code § 200.190, provides that a party may move to withdraw a petition or application upon a showing of good cause. The Commission has broad discretion to grant or deny such motions, guided by considerations of admin

VI. CONCLUSION AND PRAYER FOR RELIEF WHEREFORE, Petitioner Metropolitan Transit Development Corporation, by and through its attorneys, Calderwood & Harkness LLP, respectfully requests that the Administrative Law Judge enter an order:

1. Granting MTDC leave to withdraw the Verified Petition for Approval of Electrification Infrastructure and Interconnection filed on March 1, 2023 in ICC Docket No. 23-0214, without prejudice;

2. Preserving MTDC's right to refile a petition concerning the same or substantially similar subject matter at a future date, without limitation as to the time within which such refiling must occur;

3. Vacating the evidentiary hearing currently scheduled for June 28, 2023;

4. Closing ICC Docket No. 23-0214 and terminating all pending deadlines and obligations of the parties in connection therewith; and

5. Granting such other and further relief as the Administrative Law Judge or the Commission deems just, proper, and equitable under the circumstances. A Proposed Order Granting Withdrawal Without Prejudice is submitted herewith as a separate filing for the Administrative Law Judge's consideration. Respectfully submitted, METROPOLITAN TRANSIT DEVELOPMENT CORPORATION By its attorneys, CALDERWOOD & HARKNESS LLP By: ____

1. I am counsel of record for Petitioner Metropolitan Transit Development Corporation ("MTDC") in the above-captioned proceeding, ICC Docket No. 23-0214.

2. I am authorized to file this Motion to Withdraw Verified Petition Without Prejudice on behalf of MTDC pursuant to Resolution No. 2023-ER-09, adopted by the MTDC Board of Directors at an emergency session held on June 14, 2023, which authorized the Executive Director and General Counsel of MTDC to take all actions necessary and appropriate to withdraw the Verified Petition in this docket.

3. MTDC General Counsel Constance M. Adler, acting pursuant to the authority granted by Resolution No. 2023-ER-09, directed Calderwood & Harkness LLP to prepare and file this Motion on behalf of MTDC.

4. The factual statements set forth in this Motion are true and correct to the best of my knowledge, information, and belief, based upon information provided to me by officers and employees of MTDC and upon my review of the documents referenced herein. I declare under penalty of perjury under the laws of the State of Illinois that the foregoing is true and correct. ________________________________________ Patricia Du