1031-00002 · Metropolitan Transit Development Corp · ICC Filing

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STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION

ICC Docket No. 23-0214

PETITIONER METROPOLITAN TRANSIT DEVELOPMENT CORPORATION'S MOTION TO WITHDRAW VERIFIED PETITION WITHOUT PREJUDICE

Filed: June 19, 2023 Before: Hon. Marcus P. Lindquist, Administrative Law Judge

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, respectfully moves this Honorable Commission, through the presiding Administrative Law Judge, for leave to withdraw its Verified Petition for Approval of Electrification Infrastructure and Interconnection (the "Verified Petition") filed in the above-captioned docket on March 1, 2023, without prejudice to MTDC's right to refile the same or a substantially similar petition at a future date.

MTDC seeks this withdrawal pursuant to the procedural rules of the Illinois Commerce Commission ("ICC" or "Commission"), including but not limited to 83 Ill. Admin. Code § 200.190 and the Commission's inherent authority to manage its docket in the interest of administrative efficiency. As set forth more fully below, the factual predicate upon which the Verified Petition was filed — namely, the award of a $78,500,000 federal electrification grant by the Federal Transit Administration — has been eliminated by events beyond MTDC's control, rendering the project that is the subject of this proceeding economically infeasible at the present time.

In support of this Motion, MTDC states the grounds set forth in Sections II through V below. A Proposed Order Granting Withdrawal Without Prejudice is submitted herewith as a separate filing for the Administrative Law Judge's consideration. MTDC respectfully requests that the Commission act expeditiously on this Motion given that an evidentiary hearing in this matter is currently scheduled for June 28, 2023, and the continued expenditure of resources by the parties and Commission Staff in preparation for that hearing would be neither productive nor justified in light of the changed circumstances described herein.

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 Million Five Hundred Thousand Dollars ($78,500,000) (Grant Award No. IL-2023-0067-00) (the "FTA Grant"). The FTA Grant was awarded on a competitive basis following MTDC's submission of a comprehensive grant application in September 2022, which detailed MTDC's plans to undertake a multi-phase electrification of its transit bus fleet in furtherance of federal, state, and local clean-transportation objectives.

The FTA Grant was intended to fund Phase 1 of MTDC's fleet electrification initiative (the "Electrification Project" or "Project"), which encompassed two principal components:

(a) Bus Procurement. The procurement of two hundred twenty-five (225) battery-electric transit buses to replace a corresponding number of diesel-powered buses in MTDC's existing fleet, at an estimated cost of $71,800,000; and

(b) Depot Charging Infrastructure. The design, procurement, and installation of high-capacity depot charging infrastructure — including overnight charging systems, electrical switchgear, transformers, and associated building modifications — at three existing MTDC bus garages, at an estimated cost of $26,325,000.

The total estimated cost of the Electrification Project was $98,125,000. The FTA Grant constituted eighty percent (80%) of this total, consistent with the standard federal-to-local cost-sharing ratio applicable to Low- and No-Emission Vehicle Program awards. MTDC's required local match was $19,625,000, which the MTDC Board of Directors had authorized to be funded from a combination of existing capital reserves, state transit capital assistance funds, and a proposed revenue bond issuance.

The three MTDC bus garage locations designated for depot charging infrastructure installation, together with their respective new electrical load capacities as determined by MTDC's engineering consultants, were as follows:

The combined new electrical load of 45 megawatts ("MW") represented a substantial addition to the local distribution system served by Prairie Shore Electric Company ("Prairie Shore"), the investor-owned electric utility serving each of the three depot locations. An interconnection study prepared by Creston Engineering Group, Inc. ("Creston") at MTDC's request, completed in January 2023, determined that significant distribution-system upgrades would be required to accommodate the new charging load at all three facilities. The Creston study estimated the cost of these distribution-system upgrades at $12,300,000.

Under the terms of a proposed Infrastructure Cost-Sharing Agreement between MTDC and Prairie Shore, which had been negotiated in principle but not yet executed, the parties would share the cost of distribution-system upgrades as follows: MTDC would bear sixty percent (60%) of the upgrade costs, or $7,380,000, and Prairie Shore would bear forty percent (40%), or $4,920,000. Prairie Shore's share reflected the utility's recognition that certain of the distribution upgrades would provide system-wide benefits beyond the MTDC interconnection points and could be included in Prairie Shore's rate base for future recovery from its general body of ratepayers, subject to Commission approval.

The Electrification Project's estimated annual energy consumption, based on the Creston study and MTDC's operational modeling, was 39,420 megawatt-hours per year ("MWh/yr"). MTDC and Prairie Shore had negotiated a proposed blended energy rate of $0.062 per kilowatt-hour ("kWh") under a new time-of-use rate schedule designated as Schedule EV-T (Electric Vehicle — Transit), yielding estimated annual energy costs of $2,444,040. Schedule EV-T was specifically designed to incentivize off-peak overnight charging, consistent with optimal depot-charging operational patterns and beneficial grid-load management.

B. The ICC Proceeding

On February 20, 2023, MTDC retained Calderwood & Harkness LLP ("C&H") as outside regulatory counsel to prepare and file the necessary ICC application for approval of the interconnection and power-purchase arrangement contemplated by the Electrification Project. This engagement was assigned C&H Matter No. 1031-00002.

On March 1, 2023, MTDC filed its Verified Petition for Approval of Electrification Infrastructure and Interconnection in this docket. The Verified Petition was verified by Harold J. Greenway, Executive Director of MTDC, and was accompanied by supporting exhibits including the Creston interconnection study, preliminary engineering plans for each depot location, MTDC's 2021 Strategic Sustainability Plan, financial projections, and a summary of the negotiated terms of the proposed Infrastructure Cost-Sharing Agreement and Schedule EV-T.

The Verified Petition requested that the Commission enter an order:

(1) Approving the interconnection of new high-capacity depot charging infrastructure, with a combined capacity of 45 MW, to the Prairie Shore Electric Company distribution system at the three depot locations identified above; and

(2) Approving MTDC's entry into a long-term power-purchase arrangement with Prairie Shore under proposed Schedule EV-T (Electric Vehicle — Transit), a new time-of-use rate schedule that would require ICC tariff approval as a modification to Prairie Shore's existing rate schedules filed with the Commission.

The proceeding has progressed through the following procedural milestones since the filing of the Verified Petition:

Intervention of Prairie Shore Electric Company. On March 15, 2023, Prairie Shore Electric Company, through its counsel, Hargrove, Peck & Tillotson LLP (Andrew S. Peck, lead attorney), filed a Petition to Intervene in this proceeding. Prairie Shore's intervention was based upon its status as the electric utility that would be directly affected by the proposed interconnection and tariff modifications. The Administrative Law Judge granted Prairie Shore's Petition to Intervene by order dated March 22, 2023.

Intervention of Clean Air Transit Alliance. On March 20, 2023, the Clean Air Transit Alliance ("CATA"), an Illinois not-for-profit organization dedicated to advancing clean-energy transit solutions, through its counsel, Rosenberg & Dietrich LLP (Diane L. Rosenberg, lead attorney), filed a Petition to Intervene in support of the Electrification Project. CATA's intervention was based upon its organizational mission and the interests of its members in the promotion of zero-emission public transit. The Administrative Law Judge granted CATA's Petition to Intervene by order dated March 27, 2023.

Status Conferences. Status conferences were held before the Honorable Marcus P. Lindquist, Administrative Law Judge, on April 5, 2023 and May 10, 2023. At these conferences, the parties discussed the procedural schedule, discovery matters, and the scope of the evidentiary hearing. During the May 10, 2023 status conference, the ALJ established a schedule for the filing of pre-filed direct testimony and set the evidentiary hearing for June 28, 2023.

Pre-Filed Testimony and discovery. During the course of this proceeding, MTDC submitted the pre-filed direct testimony of Raymond K. Mosley, MTDC's Director of Capital Programs, which addressed the technical specifications of the proposed depot charging infrastructure, the interconnection requirements at each of the three garage locations, the projected charging demand profiles, and the economic benefits of the Electrification Project. MTDC also submitted a draft Infrastructure Cost-Sharing Agreement between MTDC and Prairie Shore, a draft Schedule EV-T Term Sheet setting forth the key commercial terms of the proposed power-purchase arrangement, and timely responses to ICC Staff Data Requests (Set 1), which consisted of thirty-seven (37) individual data requests.

ICC Staff Report. ICC Staff Counsel for this proceeding is Ellen R. Dempsey, of the ICC Office of General Counsel. The ICC Staff filed its Staff Report on May 15, 2023. The Staff Report analyzed the proposed interconnection, the cost-sharing arrangement, the proposed Schedule EV-T, and the potential impact on Prairie Shore's existing ratepayers. The Staff Report was pending further proceedings at the time the events giving rise to this Motion occurred.

Evidentiary Hearing. An evidentiary hearing in this matter is currently scheduled for June 28, 2023.

No Commission order on the merits of the Verified Petition has been entered.

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 funding at the levels necessary to support outstanding grant obligations, including the FTA Grant at issue in this proceeding.

As a direct consequence of the lapse in appropriated funds, on June 12, 2023, the FTA issued a formal Notice of Grant Rescission with respect to Grant Award No. IL-2023-0067-00 (the "Rescission Notice"). The Rescission Notice, issued under the authority of the FTA Administrator and communicated to MTDC by FTA Regional Administrator (Region V) Karen L. Osterman, stated that the entire $78,500,000 FTA Grant award was rescinded effective immediately due to the lapse of appropriated funds. The Rescission Notice further stated that no portion of the FTA Grant had been drawn down or obligated by MTDC prior to the rescission date, and that MTDC's status as a grant recipient under the Low- and No-Emission Vehicle Program was terminated.

A true and correct copy of the Rescission Notice is attached hereto as Exhibit A and incorporated herein by reference.

The FTA's rescission of the grant was an action of the federal government over which MTDC had no control and which MTDC could not have reasonably anticipated at the time the Verified Petition was filed. MTDC has been informed by FTA Region V staff that there is no administrative appeal available from the rescission, which was mandated by the lapse of congressional appropriations, and that any restoration of the grant would require new legislative action by Congress.

B. Economic Infeasibility of the Project Without Federal Funding

The rescission of the FTA Grant renders the Electrification Project economically infeasible and eliminates the factual predicate upon which the Verified Petition in this docket was filed. The material facts demonstrating infeasibility are as follows:

Loss of Primary Funding Source. The FTA Grant constituted $78,500,000 of the $98,125,000 total estimated cost of the Electrification Project — approximately eighty percent (80%) of the total project funding. MTDC's own financial obligation was limited to the local match of $19,625,000, which represented the maximum capital commitment authorized by the MTDC Board of Directors for Phase 1 of the electrification initiative. MTDC does not have, and cannot reasonably be expected to secure in the near term, alternative funding sources sufficient to replace the $78,500,000 federal grant.

Elimination of Project Basis. The entire predicate for the Verified Petition — including the need for interconnection of 45 MW of new depot charging load to the Prairie Shore distribution system, the distribution-system upgrades estimated at $12,300,000, the proposed Infrastructure Cost-Sharing Agreement between MTDC and Prairie Shore, and the proposed Schedule EV-T power-purchase arrangement — was directly and entirely contingent upon the receipt and deployment of the FTA Grant. Without the grant, there will be no procurement of 225 battery-electric buses, no installation of depot charging infrastructure, no new electrical load to interconnect, no distribution upgrades to cost-share, and no basis for a new time-of-use tariff schedule. In short, the project that is the subject of this proceeding will not proceed.

Contractual Conditions Precedent. The draft Infrastructure Cost-Sharing Agreement between MTDC and Prairie Shore, which was submitted to the Commission as part of the record in this proceeding, contained a condition precedent in Section 4.1(a) requiring the continued availability of FTA Grant Award No. IL-2023-0067-00 as a prerequisite to the effectiveness of the agreement. That condition can no longer be satisfied. Prairie Shore has confirmed informally to MTDC's counsel that it considers the draft agreement to be without force or effect in light of the grant rescission.

No Useful Purpose Served by Continuation. Absent federal funding, there is no project to interconnect, no new load to serve, and no basis for the proposed tariff schedule. Continuing this proceeding to an evidentiary hearing on June 28, 2023 would serve no useful purpose. To the contrary, continuation would impose unnecessary costs on MTDC, on the intervenors, on ICC Staff, and on the Commission itself, in connection with a matter that has become moot as a practical matter. Administrative efficiency and the prudent use of Commission resources counsel in favor of granting withdrawal at this time.

C. MTDC Board Authorization

Upon receiving the Rescission Notice on June 12, 2023, MTDC's Executive Director Harold J. Greenway and General Counsel Constance M. Adler promptly assessed the impact of the grant rescission on the Electrification Project and the pending ICC proceeding. On June 13, 2023, the Executive Director issued a notice convening an emergency session of the MTDC Board of Directors pursuant to MTDC's bylaws and the Illinois Open Meetings Act, 5 ILCS 120.

On June 14, 2023, the MTDC Board of Directors held an emergency session at MTDC's headquarters. Board Chair Alderman Vivian Ochoa-Brennan presided. The Executive Director presented a report on the FTA Grant rescission, its impact on the Electrification Project, and the status of ICC Docket No. 23-0214. Following discussion, the Board voted seven to two (7-2) to adopt Resolution No. 2023-ER-09, which authorized the Executive Director and General Counsel to take all actions necessary and appropriate to withdraw the Verified Petition in ICC Docket No. 23-0214, without prejudice to MTDC's right to refile at a future date should circumstances permit.

Pursuant to Resolution No. 2023-ER-09, MTDC General Counsel Constance M. Adler directed Calderwood & Harkness LLP to proceed with the preparation and filing of this Motion to Withdraw Verified Petition Without Prejudice.

A true and correct copy of Resolution No. 2023-ER-09, as certified by the MTDC Board Secretary, is attached hereto as Exhibit B and incorporated herein by reference.

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 at this time are potentially temporary in nature. Specifically, MTDC may seek to refile in the event that:

(a) Federal funding under the Low- and No-Emission Vehicle Program, 49 U.S.C. § 5339(c), or a comparable federal transit electrification program, is restored or reauthorized by Congress, and MTDC is selected as a grant recipient;

(b) MTDC secures alternative funding from state, local, or private sources in an amount sufficient to proceed with Phase 1 of its fleet electrification initiative, whether in full or in a modified scope; or

(c) Other circumstances change so as to make the Electrification Project feasible and resumption of the ICC approval process appropriate.

Withdrawal without prejudice is consistent with and necessary to preserve MTDC's long-term strategic commitments. MTDC's 2021 Strategic Sustainability Plan, adopted by the MTDC Board of Directors on September 15, 2021, establishes a target of converting forty percent (40%) of MTDC's 1,840-bus fleet to battery-electric propulsion by the year 2030. This commitment was made in furtherance of the State of Illinois Climate and Equitable Jobs Act (Public Act 102-0662) and the City of Chicago's Climate Action Plan. The Electrification Project was the principal initiative through which MTDC intended to achieve this target. While the FTA Grant rescission presents a significant setback, MTDC remains committed to fleet electrification and intends to pursue every available avenue for securing the funding necessary to resume the project.

MTDC is not aware of any prejudice that withdrawal of the Verified Petition would cause to any party of record in this proceeding, and submits that no such prejudice exists:

Prairie Shore Electric Company (Intervenor). Prairie Shore's participation in this proceeding was predicated on the same Electrification Project that has been rendered infeasible by the grant rescission. No distribution-system upgrades have been designed, engineered, procured, or commenced. No binding Infrastructure Cost-Sharing Agreement has been executed between MTDC and Prairie Shore. No tariff modifications have been adopted. Prairie Shore has incurred legal and consulting costs in connection with this proceeding, but those costs are not attributable to any action or inaction by MTDC and are an ordinary incident of participation in a regulatory proceeding that is terminated prior to final order. MTDC has been in communication with Prairie Shore's counsel and understands that Prairie Shore does not oppose this Motion.

Clean Air Transit Alliance (Intervenor). CATA intervened in this proceeding in support of the Electrification Project. CATA's organizational interests are aligned with MTDC's objective of fleet electrification, and CATA has no adverse interest that would be prejudiced by the withdrawal of the Verified Petition. To the contrary, withdrawal without prejudice preserves the possibility that the Electrification Project — and the environmental and public-health benefits that CATA seeks to advance — may be resumed in the future. MTDC has consulted with CATA's counsel and understands that CATA does not oppose this Motion.

ICC Staff. The ICC Staff filed its Staff Report on May 15, 2023, reflecting a substantial investment of analytical resources. However, no evidentiary hearing has been held, no cross-examination of witnesses has occurred, and no Commission order on the merits has been entered. The Staff Report was prepared based on a factual predicate that no longer exists. The withdrawal of the Verified Petition prior to the evidentiary hearing will conserve Staff resources that would otherwise be devoted to preparation for a hearing on a moot matter.

In connection with this Motion, MTDC respectfully requests that the evidentiary hearing currently scheduled for June 28, 2023 be vacated.

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 administrative efficiency, the interests of the parties, and the public interest.

Withdrawal without prejudice is routinely granted by this Commission in circumstances where the grounds for a petition have been superseded by changed circumstances beyond the petitioner's control and where no party to the proceeding would be prejudiced by the withdrawal. The Commission has recognized that the loss of a critical funding contingency — particularly a federal or state grant award that constitutes the financial foundation of a proposed project — constitutes good cause for withdrawal, as it renders the subject matter of the proceeding moot for all practical purposes. See, e.g., ICC Docket No. 12-0498, In re Application of Midwest Regional Transit Auth. (ALJ order granting withdrawal without prejudice following rescission of federal capital grant); ICC Docket No. 18-0331, In re Petition of GreenGrid Solar Partners, LLC (withdrawal without prejudice granted where state renewable energy incentive program was suspended, eliminating economic basis for proposed project); ICC Docket No. 20-0117, In re Application of Northern Illinois Municipal Power Agency (withdrawal without prejudice granted where anticipated federal loan guarantee was not awarded, rendering proposed generation facility economically infeasible).

In each of these precedents, the Commission found that: (1) the petitioner demonstrated good cause for withdrawal based on the loss of a material funding contingency; (2) no party of record would be prejudiced by the withdrawal; (3) continuation of the proceeding would not serve any useful public purpose; and (4) preservation of the petitioner's right to refile was appropriate where the underlying project remained meritorious and might become feasible under changed circumstances.

The same considerations apply with equal force here. MTDC has demonstrated that the rescission of the $78,500,000 FTA Grant — a federal action entirely beyond MTDC's control — has eliminated the financial basis for the Electrification Project. No party will be prejudiced by withdrawal. Continuation of this proceeding would serve no useful purpose. And MTDC's commitment to transit electrification, as reflected in its 2021 Strategic Sustainability Plan and its obligations under Illinois law, warrants preservation of the right to refile should funding be restored. MTDC respectfully submits that good cause for withdrawal without prejudice has been established.

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: ________

Patricia Dunmore Responsible Partner

David Stanton Lead Associate

70 West Madison Street, Suite 5000 Chicago, Illinois 60602 Telephone: (312) 555-4800 Facsimile: (312) 555-4801

Email: pdunmore@calderwoodharkness.com

Email: dstanton@calderwoodharkness.com

Date: June 19, 2023

ATTORNEY DECLARATION

I, Patricia Dunmore, an attorney duly licensed to practice law in the State of Illinois and a partner of the firm Calderwood & Harkness LLP, hereby state and declare as follows:

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 Dunmore Partner, Calderwood & Harkness LLP 70 West Madison Street, Suite 5000 Chicago, Illinois 60602

Date: June 19, 2023

CERTIFICATE OF SERVICE

I, David Stanton, an attorney, hereby certify that on June 19, 2023, I caused a true and correct copy of the foregoing Motion to Withdraw Verified Petition Without Prejudice and the accompanying Proposed Order Granting Withdrawal Without Prejudice to be served upon the following parties of record by electronic mail and by deposit in the United States mail, first class, postage prepaid:

Ellen R. Dempsey Staff Counsel ICC Office of General Counsel Illinois Commerce Commission 160 North LaSalle Street, Suite C-800 Chicago, Illinois 60601

Email: edempsey@icc.illinois.gov

Andrew S. Peck Natalie C. Forrest Hargrove, Peck & Tillotson LLP 120 South LaSalle Street, Suite 3100 Chicago, Illinois 60603

Email: apeck@hptlaw.com

Email: nforrest@hptlaw.com

Counsel for Intervenor Prairie Shore Electric Company

Diane L. Rosenberg Rosenberg & Dietrich LLP 33 North Dearborn Street, Suite 2200 Chicago, Illinois 60602

Email: drosenberg@rosenbergdietrich.com

Counsel for Intervenor Clean Air Transit Alliance

________________________________________

David Stanton Lead Associate Calderwood & Harkness LLP 70 West Madison Street, Suite 5000 Chicago, Illinois 60602

Date: June 19, 2023

In the Matter of the Petition of

METROPOLITAN TRANSIT DEVELOPMENT

CORPORATION

for Approval of Electrification Infrastructure

Interconnection and Power-Purchase Arrangement

Depot Location	Address	New Electrical Load Capacity
North Garage	4501 West Lawrence Avenue, Chicago, IL 60630	18 MW
West Garage	1200 South Cicero Avenue, Chicago, IL 60804	15 MW
South Garage	7800 South Vincennes Avenue, Chicago, IL 60620	12 MW
Total	45 MW

STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION
ICC Docket No. 23-0214
PETITIONER METROPOLITAN TRANSIT DEVELOPMENT CORPORATION'S MOTION TO WITHDRAW VERIFIED PETITION WITHOUT PREJUDICE
Filed: June 19, 2023 Before: Hon. Marcus P. Lindquist, Administrative Law Judge
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, respectfully moves this Honorable Commission, through the presiding Administrative Law Judge, for leave to withdraw its Verified Petition for Approval of Electrification Infrastructure and Interconnection (the "Verified Petition") filed in the above-captioned docket on March 1, 2023, without prejudice to MTDC's right to refile the same or a substantially similar petition at a future date.
MTDC seeks this withdrawal pursuant to the procedural rules of the Illinois Commerce Commission ("ICC" or "Commission"), including but not limited to 83 Ill. Admin. Code § 200.190 and the Commission's inherent authority to manage its docket in the interest of administrative efficiency. As set forth more fully below, the factual predicate upon which the Verified Petition was filed — namely, the award of a $78,500,000 federal electrification grant by the Federal Transit Administration — has been eliminated by events beyond MTDC's control, rendering the project that is the subject of this proceeding economically infeasible at the present time.
In support of this Motion, MTDC states the grounds set forth in Sections II through V below. A Proposed Order Granting Withdrawal Without Prejudice is submitted herewith as a separate filing for the Administrative Law Judge's consideration. MTDC respectfully requests that the Commission act expeditiously on this Motion given that an evidentiary hearing in this matter is currently scheduled for June 28, 2023, and the continued expenditure of resources by the parties and Commission Staff in preparation for that hearing would be neither productive nor justified in light of the changed circumstances described herein.
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 Million Five Hundred Thousand Dollars ($78,500,000) (Grant Award No. IL-2023-0067-00) (the "FTA Grant"). The FTA Grant was awarded on a competitive basis following MTDC's submission of a comprehensive grant application in September 2022, which detailed MTDC's plans to undertake a multi-phase electrification of its transit bus fleet in furtherance of federal, state, and local clean-transportation objectives.
The FTA Grant was intended to fund Phase 1 of MTDC's fleet electrification initiative (the "Electrification Project" or "Project"), which encompassed two principal components:
(a) Bus Procurement. The procurement of two hundred twenty-five (225) battery-electric transit buses to replace a corresponding number of diesel-powered buses in MTDC's existing fleet, at an estimated cost of $71,800,000; and
(b) Depot Charging Infrastructure. The design, procurement, and installation of high-capacity depot charging infrastructure — including overnight charging systems, electrical switchgear, transformers, and associated building modifications — at three existing MTDC bus garages, at an estimated cost of $26,325,000.
The total estimated cost of the Electrification Project was $98,125,000. The FTA Grant constituted eighty percent (80%) of this total, consistent with the standard federal-to-local cost-sharing ratio applicable to Low- and No-Emission Vehicle Program awards. MTDC's required local match was $19,625,000, which the MTDC Board of Directors had authorized to be funded from a combination of existing capital reserves, state transit capital assistance funds, and a proposed revenue bond issuance.
The three MTDC bus garage locations designated for depot charging infrastructure installation, together with their respective new electrical load capacities as determined by MTDC's engineering consultants, were as follows:
The combined new electrical load of 45 megawatts ("MW") represented a substantial addition to the local distribution system served by Prairie Shore Electric Company ("Prairie Shore"), the investor-owned electric utility serving each of the three depot locations. An interconnection study prepared by Creston Engineering Group, Inc. ("Creston") at MTDC's request, completed in January 2023, determined that significant distribution-system upgrades would be required to accommodate the new charging load at all three facilities. The Creston study estimated the cost of these distribution-system upgrades at $12,300,000.
Under the terms of a proposed Infrastructure Cost-Sharing Agreement between MTDC and Prairie Shore, which had been negotiated in principle but not yet executed, the parties would share the cost of distribution-system upgrades as follows: MTDC would bear sixty percent (60%) of the upgrade costs, or $7,380,000, and Prairie Shore would bear forty percent (40%), or $4,920,000. Prairie Shore's share reflected the utility's recognition that certain of the distribution upgrades would provide system-wide benefits beyond the MTDC interconnection points and could be included in Prairie Shore's rate base for future recovery from its general body of ratepayers, subject to Commission approval.
The Electrification Project's estimated annual energy consumption, based on the Creston study and MTDC's operational modeling, was 39,420 megawatt-hours per year ("MWh/yr"). MTDC and Prairie Shore had negotiated a proposed blended energy rate of $0.062 per kilowatt-hour ("kWh") under a new time-of-use rate schedule designated as Schedule EV-T (Electric Vehicle — Transit), yielding estimated annual energy costs of $2,444,040. Schedule EV-T was specifically designed to incentivize off-peak overnight charging, consistent with optimal depot-charging operational patterns and beneficial grid-load management.
B. The ICC Proceeding
On February 20, 2023, MTDC retained Calderwood & Harkness LLP ("C&H") as outside regulatory counsel to prepare and file the necessary ICC application for approval of the interconnection and power-purchase arrangement contemplated by the Electrification Project. This engagement was assigned C&H Matter No. 1031-00002.
On March 1, 2023, MTDC filed its Verified Petition for Approval of Electrification Infrastructure and Interconnection in this docket. The Verified Petition was verified by Harold J. Greenway, Executive Director of MTDC, and was accompanied by supporting exhibits including the Creston interconnection study, preliminary engineering plans for each depot location, MTDC's 2021 Strategic Sustainability Plan, financial projections, and a summary of the negotiated terms of the proposed Infrastructure Cost-Sharing Agreement and Schedule EV-T.
The Verified Petition requested that the Commission enter an order:
(1) Approving the interconnection of new high-capacity depot charging infrastructure, with a combined capacity of 45 MW, to the Prairie Shore Electric Company distribution system at the three depot locations identified above; and
(2) Approving MTDC's entry into a long-term power-purchase arrangement with Prairie Shore under proposed Schedule EV-T (Electric Vehicle — Transit), a new time-of-use rate schedule that would require ICC tariff approval as a modification to Prairie Shore's existing rate schedules filed with the Commission.
The proceeding has progressed through the following procedural milestones since the filing of the Verified Petition:
Intervention of Prairie Shore Electric Company. On March 15, 2023, Prairie Shore Electric Company, through its counsel, Hargrove, Peck & Tillotson LLP (Andrew S. Peck, lead attorney), filed a Petition to Intervene in this proceeding. Prairie Shore's intervention was based upon its status as the electric utility that would be directly affected by the proposed interconnection and tariff modifications. The Administrative Law Judge granted Prairie Shore's Petition to Intervene by order dated March 22, 2023.
Intervention of Clean Air Transit Alliance. On March 20, 2023, the Clean Air Transit Alliance ("CATA"), an Illinois not-for-profit organization dedicated to advancing clean-energy transit solutions, through its counsel, Rosenberg & Dietrich LLP (Diane L. Rosenberg, lead attorney), filed a Petition to Intervene in support of the Electrification Project. CATA's intervention was based upon its organizational mission and the interests of its members in the promotion of zero-emission public transit. The Administrative Law Judge granted CATA's Petition to Intervene by order dated March 27, 2023.
Status Conferences. Status conferences were held before the Honorable Marcus P. Lindquist, Administrative Law Judge, on April 5, 2023 and May 10, 2023. At these conferences, the parties discussed the procedural schedule, discovery matters, and the scope of the evidentiary hearing. During the May 10, 2023 status conference, the ALJ established a schedule for the filing of pre-filed direct testimony and set the evidentiary hearing for June 28, 2023.
Pre-Filed Testimony and discovery. During the course of this proceeding, MTDC submitted the pre-filed direct testimony of Raymond K. Mosley, MTDC's Director of Capital Programs, which addressed the technical specifications of the proposed depot charging infrastructure, the interconnection requirements at each of the three garage locations, the projected charging demand profiles, and the economic benefits of the Electrification Project. MTDC also submitted a draft Infrastructure Cost-Sharing Agreement between MTDC and Prairie Shore, a draft Schedule EV-T Term Sheet setting forth the key commercial terms of the proposed power-purchase arrangement, and timely responses to ICC Staff Data Requests (Set 1), which consisted of thirty-seven (37) individual data requests.
ICC Staff Report. ICC Staff Counsel for this proceeding is Ellen R. Dempsey, of the ICC Office of General Counsel. The ICC Staff filed its Staff Report on May 15, 2023. The Staff Report analyzed the proposed interconnection, the cost-sharing arrangement, the proposed Schedule EV-T, and the potential impact on Prairie Shore's existing ratepayers. The Staff Report was pending further proceedings at the time the events giving rise to this Motion occurred.
Evidentiary Hearing. An evidentiary hearing in this matter is currently scheduled for June 28, 2023.
No Commission order on the merits of the Verified Petition has been entered.
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 funding at the levels necessary to support outstanding grant obligations, including the FTA Grant at issue in this proceeding.
As a direct consequence of the lapse in appropriated funds, on June 12, 2023, the FTA issued a formal Notice of Grant Rescission with respect to Grant Award No. IL-2023-0067-00 (the "Rescission Notice"). The Rescission Notice, issued under the authority of the FTA Administrator and communicated to MTDC by FTA Regional Administrator (Region V) Karen L. Osterman, stated that the entire $78,500,000 FTA Grant award was rescinded effective immediately due to the lapse of appropriated funds. The Rescission Notice further stated that no portion of the FTA Grant had been drawn down or obligated by MTDC prior to the rescission date, and that MTDC's status as a grant recipient under the Low- and No-Emission Vehicle Program was terminated.
A true and correct copy of the Rescission Notice is attached hereto as Exhibit A and incorporated herein by reference.
The FTA's rescission of the grant was an action of the federal government over which MTDC had no control and which MTDC could not have reasonably anticipated at the time the Verified Petition was filed. MTDC has been informed by FTA Region V staff that there is no administrative appeal available from the rescission, which was mandated by the lapse of congressional appropriations, and that any restoration of the grant would require new legislative action by Congress.
B. Economic Infeasibility of the Project Without Federal Funding
The rescission of the FTA Grant renders the Electrification Project economically infeasible and eliminates the factual predicate upon which the Verified Petition in this docket was filed. The material facts demonstrating infeasibility are as follows:
Loss of Primary Funding Source. The FTA Grant constituted $78,500,000 of the $98,125,000 total estimated cost of the Electrification Project — approximately eighty percent (80%) of the total project funding. MTDC's own financial obligation was limited to the local match of $19,625,000, which represented the maximum capital commitment authorized by the MTDC Board of Directors for Phase 1 of the electrification initiative. MTDC does not have, and cannot reasonably be expected to secure in the near term, alternative funding sources sufficient to replace the $78,500,000 federal grant.
Elimination of Project Basis. The entire predicate for the Verified Petition — including the need for interconnection of 45 MW of new depot charging load to the Prairie Shore distribution system, the distribution-system upgrades estimated at $12,300,000, the proposed Infrastructure Cost-Sharing Agreement between MTDC and Prairie Shore, and the proposed Schedule EV-T power-purchase arrangement — was directly and entirely contingent upon the receipt and deployment of the FTA Grant. Without the grant, there will be no procurement of 225 battery-electric buses, no installation of depot charging infrastructure, no new electrical load to interconnect, no distribution upgrades to cost-share, and no basis for a new time-of-use tariff schedule. In short, the project that is the subject of this proceeding will not proceed.
Contractual Conditions Precedent. The draft Infrastructure Cost-Sharing Agreement between MTDC and Prairie Shore, which was submitted to the Commission as part of the record in this proceeding, contained a condition precedent in Section 4.1(a) requiring the continued availability of FTA Grant Award No. IL-2023-0067-00 as a prerequisite to the effectiveness of the agreement. That condition can no longer be satisfied. Prairie Shore has confirmed informally to MTDC's counsel that it considers the draft agreement to be without force or effect in light of the grant rescission.
No Useful Purpose Served by Continuation. Absent federal funding, there is no project to interconnect, no new load to serve, and no basis for the proposed tariff schedule. Continuing this proceeding to an evidentiary hearing on June 28, 2023 would serve no useful purpose. To the contrary, continuation would impose unnecessary costs on MTDC, on the intervenors, on ICC Staff, and on the Commission itself, in connection with a matter that has become moot as a practical matter. Administrative efficiency and the prudent use of Commission resources counsel in favor of granting withdrawal at this time.
C. MTDC Board Authorization
Upon receiving the Rescission Notice on June 12, 2023, MTDC's Executive Director Harold J. Greenway and General Counsel Constance M. Adler promptly assessed the impact of the grant rescission on the Electrification Project and the pending ICC proceeding. On June 13, 2023, the Executive Director issued a notice convening an emergency session of the MTDC Board of Directors pursuant to MTDC's bylaws and the Illinois Open Meetings Act, 5 ILCS 120.
On June 14, 2023, the MTDC Board of Directors held an emergency session at MTDC's headquarters. Board Chair Alderman Vivian Ochoa-Brennan presided. The Executive Director presented a report on the FTA Grant rescission, its impact on the Electrification Project, and the status of ICC Docket No. 23-0214. Following discussion, the Board voted seven to two (7-2) to adopt Resolution No. 2023-ER-09, which authorized the Executive Director and General Counsel to take all actions necessary and appropriate to withdraw the Verified Petition in ICC Docket No. 23-0214, without prejudice to MTDC's right to refile at a future date should circumstances permit.
Pursuant to Resolution No. 2023-ER-09, MTDC General Counsel Constance M. Adler directed Calderwood & Harkness LLP to proceed with the preparation and filing of this Motion to Withdraw Verified Petition Without Prejudice.
A true and correct copy of Resolution No. 2023-ER-09, as certified by the MTDC Board Secretary, is attached hereto as Exhibit B and incorporated herein by reference.
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 at this time are potentially temporary in nature. Specifically, MTDC may seek to refile in the event that:
(a) Federal funding under the Low- and No-Emission Vehicle Program, 49 U.S.C. § 5339(c), or a comparable federal transit electrification program, is restored or reauthorized by Congress, and MTDC is selected as a grant recipient;
(b) MTDC secures alternative funding from state, local, or private sources in an amount sufficient to proceed with Phase 1 of its fleet electrification initiative, whether in full or in a modified scope; or
(c) Other circumstances change so as to make the Electrification Project feasible and resumption of the ICC approval process appropriate.
Withdrawal without prejudice is consistent with and necessary to preserve MTDC's long-term strategic commitments. MTDC's 2021 Strategic Sustainability Plan, adopted by the MTDC Board of Directors on September 15, 2021, establishes a target of converting forty percent (40%) of MTDC's 1,840-bus fleet to battery-electric propulsion by the year 2030. This commitment was made in furtherance of the State of Illinois Climate and Equitable Jobs Act (Public Act 102-0662) and the City of Chicago's Climate Action Plan. The Electrification Project was the principal initiative through which MTDC intended to achieve this target. While the FTA Grant rescission presents a significant setback, MTDC remains committed to fleet electrification and intends to pursue every available avenue for securing the funding necessary to resume the project.
MTDC is not aware of any prejudice that withdrawal of the Verified Petition would cause to any party of record in this proceeding, and submits that no such prejudice exists:
Prairie Shore Electric Company (Intervenor). Prairie Shore's participation in this proceeding was predicated on the same Electrification Project that has been rendered infeasible by the grant rescission. No distribution-system upgrades have been designed, engineered, procured, or commenced. No binding Infrastructure Cost-Sharing Agreement has been executed between MTDC and Prairie Shore. No tariff modifications have been adopted. Prairie Shore has incurred legal and consulting costs in connection with this proceeding, but those costs are not attributable to any action or inaction by MTDC and are an ordinary incident of participation in a regulatory proceeding that is terminated prior to final order. MTDC has been in communication with Prairie Shore's counsel and understands that Prairie Shore does not oppose this Motion.
Clean Air Transit Alliance (Intervenor). CATA intervened in this proceeding in support of the Electrification Project. CATA's organizational interests are aligned with MTDC's objective of fleet electrification, and CATA has no adverse interest that would be prejudiced by the withdrawal of the Verified Petition. To the contrary, withdrawal without prejudice preserves the possibility that the Electrification Project — and the environmental and public-health benefits that CATA seeks to advance — may be resumed in the future. MTDC has consulted with CATA's counsel and understands that CATA does not oppose this Motion.
ICC Staff. The ICC Staff filed its Staff Report on May 15, 2023, reflecting a substantial investment of analytical resources. However, no evidentiary hearing has been held, no cross-examination of witnesses has occurred, and no Commission order on the merits has been entered. The Staff Report was prepared based on a factual predicate that no longer exists. The withdrawal of the Verified Petition prior to the evidentiary hearing will conserve Staff resources that would otherwise be devoted to preparation for a hearing on a moot matter.
In connection with this Motion, MTDC respectfully requests that the evidentiary hearing currently scheduled for June 28, 2023 be vacated.
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 administrative efficiency, the interests of the parties, and the public interest.
Withdrawal without prejudice is routinely granted by this Commission in circumstances where the grounds for a petition have been superseded by changed circumstances beyond the petitioner's control and where no party to the proceeding would be prejudiced by the withdrawal. The Commission has recognized that the loss of a critical funding contingency — particularly a federal or state grant award that constitutes the financial foundation of a proposed project — constitutes good cause for withdrawal, as it renders the subject matter of the proceeding moot for all practical purposes. See, e.g., ICC Docket No. 12-0498, In re Application of Midwest Regional Transit Auth. (ALJ order granting withdrawal without prejudice following rescission of federal capital grant); ICC Docket No. 18-0331, In re Petition of GreenGrid Solar Partners, LLC (withdrawal without prejudice granted where state renewable energy incentive program was suspended, eliminating economic basis for proposed project); ICC Docket No. 20-0117, In re Application of Northern Illinois Municipal Power Agency (withdrawal without prejudice granted where anticipated federal loan guarantee was not awarded, rendering proposed generation facility economically infeasible).
In each of these precedents, the Commission found that: (1) the petitioner demonstrated good cause for withdrawal based on the loss of a material funding contingency; (2) no party of record would be prejudiced by the withdrawal; (3) continuation of the proceeding would not serve any useful public purpose; and (4) preservation of the petitioner's right to refile was appropriate where the underlying project remained meritorious and might become feasible under changed circumstances.
The same considerations apply with equal force here. MTDC has demonstrated that the rescission of the $78,500,000 FTA Grant — a federal action entirely beyond MTDC's control — has eliminated the financial basis for the Electrification Project. No party will be prejudiced by withdrawal. Continuation of this proceeding would serve no useful purpose. And MTDC's commitment to transit electrification, as reflected in its 2021 Strategic Sustainability Plan and its obligations under Illinois law, warrants preservation of the right to refile should funding be restored. MTDC respectfully submits that good cause for withdrawal without prejudice has been established.
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: ________
Patricia Dunmore Responsible Partner
David Stanton Lead Associate
70 West Madison Street, Suite 5000 Chicago, Illinois 60602 Telephone: (312) 555-4800 Facsimile: (312) 555-4801
Email: pdunmore@calderwoodharkness.com
Email: dstanton@calderwoodharkness.com
Date: June 19, 2023
ATTORNEY DECLARATION
I, Patricia Dunmore, an attorney duly licensed to practice law in the State of Illinois and a partner of the firm Calderwood & Harkness LLP, hereby state and declare as follows:
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 Dunmore Partner, Calderwood & Harkness LLP 70 West Madison Street, Suite 5000 Chicago, Illinois 60602
Date: June 19, 2023
CERTIFICATE OF SERVICE
I, David Stanton, an attorney, hereby certify that on June 19, 2023, I caused a true and correct copy of the foregoing Motion to Withdraw Verified Petition Without Prejudice and the accompanying Proposed Order Granting Withdrawal Without Prejudice to be served upon the following parties of record by electronic mail and by deposit in the United States mail, first class, postage prepaid:
Ellen R. Dempsey Staff Counsel ICC Office of General Counsel Illinois Commerce Commission 160 North LaSalle Street, Suite C-800 Chicago, Illinois 60601
Email: edempsey@icc.illinois.gov
Andrew S. Peck Natalie C. Forrest Hargrove, Peck & Tillotson LLP 120 South LaSalle Street, Suite 3100 Chicago, Illinois 60603
Email: apeck@hptlaw.com
Email: nforrest@hptlaw.com
Counsel for Intervenor Prairie Shore Electric Company
Diane L. Rosenberg Rosenberg & Dietrich LLP 33 North Dearborn Street, Suite 2200 Chicago, Illinois 60602
Email: drosenberg@rosenbergdietrich.com
Counsel for Intervenor Clean Air Transit Alliance
________________________________________
David Stanton Lead Associate Calderwood & Harkness LLP 70 West Madison Street, Suite 5000 Chicago, Illinois 60602
Date: June 19, 2023
In the Matter of the Petition of
METROPOLITAN TRANSIT DEVELOPMENT
CORPORATION
for Approval of Electrification Infrastructure
Interconnection and Power-Purchase Arrangement
Depot Location | Address | New Electrical Load Capacity
North Garage | 4501 West Lawrence Avenue, Chicago, IL 60630 | 18 MW
West Garage | 1200 South Cicero Avenue, Chicago, IL 60804 | 15 MW
South Garage | 7800 South Vincennes Avenue, Chicago, IL 60620 | 12 MW
Total | 45 MW

STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION

I. INTRODUCTION

II. BACKGROUND AND PROCEDURAL HISTORY

III. GROUNDS FOR WITHDRAWAL

IV. REQUEST FOR WITHDRAWAL WITHOUT PREJUDICE

V. LEGAL STANDARD

VI. CONCLUSION AND PRAYER FOR RELIEF

METROPOLITAN TRANSIT DEVELOPMENT CORPORATION

CALDERWOOD & HARKNESS LLP

ATTORNEY DECLARATION

CERTIFICATE OF SERVICE

METROPOLITAN TRANSIT DEVELOPMENT

CORPORATION

Record

Parties

Dates

Amounts