Case Number: 13-0446

  • 04/17/2014
    Briefs - Reply to Exceptions

    Staff of the Illinois Commerce Commission Reply Brief on Exceptions, filed. (Electronic)
  • 04/17/2014
    Briefs - Reply to Exceptions

    Pliura Intervenors' Reply Brief on Exceptions, filed. (Electronic)
  • 04/17/2014
    Briefs - Reply to Exceptions

    Reply Brief on Exceptions of Enbridge Pipelines (Illinois) L.L.C., filed by Sidley Austin LLP. (Electronic)
  • 04/11/2014
    Briefs - On Exceptions

    Staff of the Illinois Commerce Commission Brief on Exceptions, filed. (Electronic)
  • 04/11/2014
    Briefs - On Exceptions

    Pliura Intervenors' Brief on Exceptions, filed by Law Offices of Thomas J. Pliura. (Electronic)
  • 04/11/2014
    Briefs - On Exceptions

    Brief on Exceptions of Enbridge Pipelines (Illinois) L.L.C., filed by Sidley Austin LLP. (Electronic)
  • 04/11/2014
    Briefs - On Exceptions

    Amended Brief on Exceptions of Enbridge Pipelines (Illinois) L.L.C., filed by Sidley Austin LLP. (Electronic)
  • 04/03/2014
    Service - Proposed Order

    Proposed Order served electronically to parties.
  • 04/02/2014
    Filing - Response

    Staff of the Illinois Commerce Commission Response to Enbridge Illinois' Motion to Expedite Issuance of Proposed Order and Set Time Period for Filing Exceptions and Replies to Proposed Order
    filed. (electronic)
  • 03/31/2014
    Service - Administrative Law Judge Ruling

    Notice given of the following scheduling ruling by the Administrative Law Judge: The due date for the filing of responses, if any, to the turnaround times for briefs on exceptions and reply briefs on exceptions proposed in the motion filed by Enbridge Illinois Pipelines (Illinois) L.L.C. on March 20, 2014, is April 2, 2014. Notice served electronically to parties.
  • 03/20/2014
    Filing - Response

    Response of Petitioner to Administrative Law Judge's March 17, 2014 Procedural Ruling, filed by Sidley Austin LLP. (Electronic)
  • 03/20/2014
    Filing - Motion

    Motion to Expedite Issuance of Proposed Order and Set Time Period for Filing Exceptions and Replies to Proposed Order, filed by Sidley Austin LLP. (Electronic)
  • 03/20/2014
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that the due date for the filing of replies, if any, to paragraphs 1 through 6 on pages 1 and 2 of the Response of Petitioner filed by Enbridge Illinois Pipelines (Illinois) L.L.C. on March 20, 2014, is March 25, 2014. Notice served electronically to parties.
  • 03/17/2014
    Service - Administrative Law Judge Ruling

    Notice of Administrative Law Judge's Ruling served electronically to parties.
  • 02/19/2014
    Filing - Appearance

    Enbridge Pipelines (Illinois) L.L.C's Notice of Additional Appearance of Counsel, filed by Sidley Austin LLP. (Electronic)
  • 02/14/2014
    Service - Administrative Law Judge Ruling

    Notice given of the attached ruling by the Administrative Law Judge on certain written motions and petitions filed in this matter. Notice served electronically to parties.
  • 01/09/2014
    Transcript - Received

    CORRECTED Transcript - December 16, 2013, received.
  • 01/08/2014
    Filing - Motion

    Enbridge Pipelines (Illinois) L.L.C.’s Motion to Correct the Transcript of Proceedings of December 16, 2013, filed by Sidley Austin LLP. (Electronic)
  • 12/19/2013
    Filing - Motion

    Intervenors’ Motion for Admission of Pre-Filed Direct Testimony, filed by Law Offices of Thomas J. Pliura. (Electronic)
  • 12/17/2013
    Transcript - Received

    Transcript - December 16, 2013, received.
  • 12/16/2013
    Hearing Report - Heard and Taken-Yes

    Heard by Administrative Law Judge Jones and Taken.
  • 12/16/2013
    Hearing Report - Exhibits

    e-Docket: Staff Exhibit 1.0 (Maple) filed 11/01/13.
    Enbridge Exhibit 1 (McKay) filed 08/20/13; Enbridge Exhibit 2 (Batis) filed 08/20/13; Enbridge Exhibit 3 (McKay) filed 11/25/13.
  • 12/16/2013
    Transcript - Pending

    Transcript pending.
  • 12/11/2013
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to December 16, 2013, in Springfield at 10:00 A.M. Notice served electronically to parties.
  • 12/10/2013
    Transcript - Received

    Transcript - December 4, 2013, received.
  • 12/09/2013
    Filing - Motion

    Motion to Deny and Strike Petition to Intervene by Mercer Turner, as Trustee, filed by Sidley Austin LLP on behalf of Enbridge Pipeline (Illinois) L.L.C. (Electronic)
  • 12/04/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to December 16, 2013, in Springfield, at 10:00 A.M.
  • 12/04/2013
    Transcript - Pending

    Transcript pending.
  • 12/03/2013
    Filing - Petition to Intervene

    Petition to Intervene of Mercer Turner, as trustee, filed. (Electronic)
  • 12/02/2013
    Service - Administrative Law Judge Ruling

    Notice is hereby given that this ruling by the Administrative Law Judge is issued with respect to the “First Amended Petition to Intervene by Ann M. Sanner” (“Amended Petition to Intervene”) filed on November 7, 2013. The Amended Petition to Intervene replaced the original “Petition to Intervene on behalf of Ann M. Sanner.” The Amended Petition to Intervene is opposed in a reply (“Enbridge Objections”) filed by Enbridge Illinois Pipelines (Illinois) L.L.C. (“Enbridge Illinois”). On November 22, 2013, Ms. Sanner filed a “Response to [Enbridge’s] Objection to her Desire to Intervene.” On November 26, 2013, Enbridge Illinois filed a reply thereto, maintaining it opposition to Ms. Sanner’s intervention. In the Commission’s Order in Docket No. 07-0446, Enbridge Illinois was issued a Certificate of Good Standing, pursuant to Section 15-401 of the Common Carrier by Pipeline Law, which is part of the Public Utilities Act (“PUA”), authorizing it to construct a pipeline and to operate as a common carrier by pipeline over a route described therein. The Order also found that the proposed pipeline was necessary, and should be constructed, to promote the security or convenience of the public, pursuant to Section 8-503 of the Public Utilities Act.
    In its petition in the in the current proceeding in Docket No. 13-0446 (“Enbridge Petition”), Enbridge Illinois states that easement rights for most tracts on the route have been obtained, but that it still lacks easement rights for the 141 tracts owned by persons identified in Attachment A to the Enbridge Petition. Enbridge Illinois is seeking, with respect to those 141 tracts, an order under Section 8-509 of the PUA enabling Enbridge Illinois to proceed with a condemnation action before the courts “in the manner provided for by the law of eminent domain.” In its Objections, Enbridge Illinois asserts, in part, that the Sanner farm is not one of the 141 tracts that are the subject of Enbridge Petition filed in the instant docket pursuant to Section 8-509.In her response, Ms. Sanner argues, among other things, that Enbridge Illinois’ intentions are unclear and that whether Enbridge Illinois can rely on unexercised “ancient easement rights” is the subject of a “somewhat similar case” pending in the United States Seventh Circuit Court of Appeals.
    Upon a review of the arguments of the parties, it is hereby ruled that Ms. Sanner’s Amended Petition to Intervene is denied. As noted above, Enbridge has already been issued a Certificate for the project in Docket No. 07-0446. There were numerous issues addressed by landowners and others in that contested proceeding. The Commission’s decision was upheld by the Illinois Appellate Court, Fourth District. The scope of a proceeding under Section 8-509 is more narrow, as reflected in Section 8-509, prior Section 8-509 proceedings and Orders, and the Order in Docket No. 07-0446. Those landowners – such as Ms. Sanner -- who are not listed in Attachment A to the Enbridge Petition are not subject to the Enbridge Petition. The Enbridge Petition does not seek any relief from the Commission in this proceeding with respect to them or their parcels. The assertions by Ms. Sanner in her filings, including those pertaining to whether Enbridge Illinois should be permitted to rely on unexercised “ancient easement rights” that may be the subject of a proceeding in federal court, do not support a conclusion that the issues discussed therein fall within the scope of this Section 8-509 proceeding. Accordingly, as indicated above, Ms. Sanner’s First Amended Petition to Intervene is denied. Notice served electronically to parties.
  • 11/26/2013
    Filing - Reply

    Reply to Response to Petitioner's Objection to Her Desire to Intervene, filed by Sidley Austin LLP on behalf of Enbridge Pipelines (Illinois) L.L.C. (Electronic)
  • 11/26/2013
    Transcript - Received

    Transcript - November 19, 2013, received.
  • 11/25/2013
    Service - Administrative Law Judge Ruling

    Notice is hereby given by the Administrative Law Judge that the due date for the filing of any replies to the “Response to Petitioner’s Objection to Her Desire to Intervene” filed on behalf of Ann M. Sanner is November 26, 2013. Notice served electronically to parties.
  • 11/22/2013
    Filing - Response

    Response to Petitioner’s Objection to Her Desire to Intervene, filed by Law Office of Mercer Turner, P.C. on behalf of Ann M. Sanner. (Electronic)
  • 11/20/2013
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to December 4, 2013, in Springfield at 1:00 P.M. Notice also given by the Administrative Law Judge that the due date for the filing of any responses to the “Reply on Motion to Deny and Strike Turner Petition for Intervention” filed by Enbridge Pipelines (Illinois) L.L.C. (“Enbridge”) on November 12, 2013 – in which Enbridge argues in part that the First Amended Petition to Intervene by Ann M. Sanner should be denied -- is November 22, 2013. Notice served electronically to parties.
  • 11/19/2013
    Filing - Petition to Intervene

    Petition to Intervene by Landowner Jeffrey Witt, filed by Law Offices of Thomas J. Pliura. (Electronic)
  • 11/19/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to December 4, 2013, in Springfield, at 1:00 P.M.
  • 11/19/2013
    Transcript - Pending

    Transcript pending.
  • 11/12/2013
    Filing - Reply

    Reply on Motion to Deny and Strike Turner Petition for Intervention, filed by Sidley Austin LLP on behalf of Enbridge Pipelines (Illinois) L.L.C. (Electronic)
  • 11/07/2013
    Filing - Petition to Intervene

    First Amended Petition to Intervene by Ann M. Sanner, filed by Law Office of Mercer Turner, P.C. (Electronic)
  • 11/04/2013
    Filing - Petition to Intervene

    Petition to Intervene by Landowner, Monarch Farms, filed by Law Offices of Thomas J. Pliura. (Electronic)
  • 11/01/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Carol K. Holstine, Carla S. Temple and Craig Armstrong as Trustee of the James J. Armstrong Trust, successor in interest to the Nina S. Armstrong Trust, filed by Zukowski Rogers Flood & McArdle. (Electronic)
  • 10/31/2013
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that the due date for the filing of any responses to the “Motion to Deny and Strike Turner Petition for Intervention” filed by Enbridge Pipelines (Illinois) L.L.C. is November 7, 2013. The due date for the filing of replies to such responses is November 12, 2013. While the “Petition to Intervene on behalf of Ann M. Sanner” (“Petitioner”) is pending, the Petitioner will be permitted to participate in the proceeding pursuant to the current schedule issued August 23, 2013, which remains applicable and in effect. Parties are reminded that a request by one party for relief that would impact other parties, such as a “request for expedited treatment” of a pending motion that is adverse to other parties, shall be made formally, such as in a filing with the Commission. Such requests made in an e-mail will not be considered. Notice served electronically to parties.
  • 10/30/2013
    Filing - Motion

    Motion to Deny and Strike Turner Petition for Intervention, filed by Sidley Austin LLP on behalf of Enbridge Pipelines (Illinois) L.L.C. (Electronic)
  • 10/29/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Ann M. Sanner, filed by Law Office of Mercer Turner, P.C. (Electronic)
  • 10/28/2013
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to November 19, 2013, in Springfield at 10:00 A.M. Notice served electronically to parties.
  • 10/25/2013
    Filing - Notice

    Notice of filing Petitions to Intervene, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Kent Murphy, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Timothy Kraft,
    filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Linda Green o/b/o C&C Webber Properties, Inc.,
    filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Mark Murfin, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Margot Rudesill, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of John Benjamin, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Briefs - Initial

    Petition to Intervene on behalf of of Al Killian, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Kathleen Klein, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Bryan Hoggins, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Edward Hoke and Sonna D. Hoke, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Lisa Schmidtz, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of William Schmidtz, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of of Don Korte o/b/o Korte Farm Partnership Trust, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Dianne Kuerth, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/25/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of Kenneth Kuerth, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 10/11/2013
    Service - Administrative Law Judge Ruling

    Notice given of the attached Administrative Law Judge's Ruling. Notice served electronically to parties.
  • 10/07/2013
    Filing - Reply

    Reply to Response to Applicant's Motion to Deny and Strike Pliura Petition for Intervention, filed by Sidley Austin LLP on behalf of Enbridge Pipelines (Illinois) L.L.C. (Electronic)
  • 09/30/2013
    Filing - Response

    Response to Applicant's "Motion to Deny and Strike Pliura Petition for Intervention”, filed by Law Office of Thomas J. Pliura. (Electronic)
  • 09/25/2013
    Service - Administrative Law Judge Ruling

    Notice is hereby given of the following procedural ruling by the Administrative Law Judge regarding the “Motion to Deny and Strike Pliura Petition for Intervention” (“Motion”), filed on behalf of Enbridge Pipelines (Illinois) L.L.C.
    Responses to the Motion were due within 14 days pursuant to Section 200.190 of the Commission’s Rules of Practice. To date, no such responses have been filed. By this ruling, the date for filing responses to the Motion is hereby extended to September 30, 2013. The due date for the filing of replies to such responses is October 7, 2013. While the “Petition to Intervene on behalf of landowners ‘Pliura Intervenors’" is pending, the filers thereof will continue to be permitted to participate in the proceeding. Notice served electronically to parties.
  • 09/24/2013
    Service - Administrative Law Judge Ruling

    Notice is hereby given of the following scheduling ruling by the Administrative Law Judge regarding the “Motion to Deny and Strike Pliura Petition for Intervention” (“Motion”), filed on behalf of Enbridge Pipelines (Illinois) L.L.C. (“Movant”).
    Included and filed with the Motion were a “Certificate of Service” and a “Service List.” If the Motion was served on Thomas Pliura, Movant is given leave to file, within seven days, an amended or corrected certificate of service and service list so indicating. Notice served electronically to parties.
  • 09/20/2013
    Filing - Reply

    Reply on Motion to Deny and Strike Pliura Petition for Intervention, filed by Sidley Austin LLP on behalf of Enbridge Pipelines (Illinois) L.L.C. (Electronic)
  • 08/30/2013
    Filing - Motion

    Motion to Deny and Strike Pliura Petition for Intervention, filed by Sidley Austin LLP on behalf of Enbridge Pipelines (Illinois) L.L.C. (Electronic)
  • 08/29/2013
    Transcript - Received

    Transcript - August 22, 2013, received.
  • 08/23/2013
    Service - Administrative Law Judge Ruling

    Notice is hereby given of a ruling by the Administrative Law Judge that the due date for the filing of direct testimony and exhibits by the Illinois Commerce Commission Staff (“Staff”) and by Intervenors is November 1, 2013. This date is intended to provide Intervenors and Staff with a reasonable period of time to prepare their filings, without unduly impacting the procedural advancement of the case. Copies of the filings shall be served on other Parties and on the Administrative Law Judge.
    It is also observed that Staff and Intervenors will be given an opportunity to file testimony responding to each other’s direct testimony; the dates for these and other scheduling elements will be addressed at a later time. Notice served electronically to parties.
  • 08/22/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued generally.
  • 08/22/2013
    Transcript - Pending

    Transcript pending.
  • 08/21/2013
    Filing - Petition to Intervene

    Petition to Intervene on behalf of landowners "Pliura Intervenors", filed by Law Office of Thomas J. Pliura. (Electronic)
  • 08/02/2013
    Service - Setting/Prehearing Conference

    Set for Prehearing Conference by the Administrative Law Judge for August 22, 2013, in Springfield, at 10:00 A.M. Notice is also given by the Administrative Law Judge that the prehearing conference will be used to address scheduling and other procedural matters. No witness testimony or arguments on the merits of the case will be taken at that time. Notice mailed to parties. (Notice also mailed to Landowners from Attachment A to the Petition).
  • 07/22/2013
    Filing - Petition/Application

    Petition for Eminent Domain Authority filed by Sidley Austin LLP on behalf of Enbridge Pipelines (Illinois) L.L.C. (electronic)