STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION COMMONWEALTH EDISON COMPANY : : Application of COMMONWEALTH EDISON : No. COMPANY, for a Certificate of Public : Convenience and Necessity, pursuant to Section : 8-406 of the Illinois Public Utilities Act, and for an : Order, under Section 8-503 of the Illinois Public : Utilities Act, authorizing and directing ComEd to : construct, operate and maintain a new electric : transmission line in Kane County, Illinois. : PETITION Commonwealth Edison Company (“ComEd”) by its attorneys, Foley & Lardner, petitions the Illinois Commerce Commission (the “Commission” or “ICC”), pursuant to Sections 8-406 and 8-503 of the Illinois Public Utilities Act, 220 ILCS §§ 5/8-406 and 5/8-503, for a Certificate of Public Convenience and Necessity and for an Order authorizing and directing ComEd to construct, operate and maintain a new 138 kilovolt (“kV”) electric transmission line in Kane County, Illinois. In support of this petition, ComEd states: 1. ComEd is a corporation organized and existing under the laws of the State of Illinois with its principal office in Chicago, Illinois. ComEd is engaged in supplying electricity to the public in the northern portion of Illinois, and is a public utility within the meaning of Section 3-105 of the Public Utilities Act. 220 ILCS 5/3-105. 2. This Petition seeks a Certificate of Public Convenience and Necessity authorizing ComEd to construct, operate and maintain 16 miles of new 138 kV electric transmission line. The proposed line would primarily be located along Randall Road and the C.C. & P. Railroad, with portions of the line located along State Route 38 in St. Charles and Main Street in Batavia so as to connect to municipal substations. The entire line will be located along railroads or roadways, although in some cases ComEd will need to purchase additional land rights to secure the legal right to erect its poles and wires in the proposed locations. 3. The proposed route of the transmission line is shown on the map attached hereto as Exhibit A and made a part hereof and described in Exhibit B, also attached hereto and made a part hereof. ComEd selected the route of the proposed line after extensive study of alternative routes and substantial consultation with municipalities in the area. 4. The purpose of the proposed line is to provide capacity to the Fox Valley area of Kane County, Illinois, where electrical load has been increasing and is expected to increase. Absent reinforcement, a number of existing substations and 34kV lines in this area would experience overloads as early as 2004. The proposed project will prevent each of these overloads by transferring the load of the cities of St. Charles and Batavia from the existing 34kV system to the proposed transmission line. By connecting the proposed line between ComEd’s TSS144 Wayne and TSS111 Electric Junction substations, highly reliable service to the cities of St. Charles and Batavia will be maintained. The construction of the proposed line is necessary to continue to provide economical, adequate, reliable and efficient service to these cities as well as the surrounding area. 5. The proposed line, along Randall Road and the C.C. & P. Railroad, between the points on Exhibit A labeled O and A, between points A and L, between points L and I and between points I and G, will consist of 138kV single circuit steel poles. The proposed line, along Route 38 or Lincoln Highway, between points L and P, and Main Street, between points I and K, will consist of 138kV double circuit steel poles. The single circuit structures will support three conductors and one static wire. The double circuit structures will support six conductors and two 2 static wires. Each circuit will have three 1113 kcmil (45/7) steel reinforced aluminum (ACSR) conductors. Each static wire will consist of seven #6 alumoweld (ALWD) strands. The conductors on the single circuit poles will be strung in a vertical phase configuration. The conductors on the double circuit poles will be strung in an ABC/CBA phase configuration. The circuits will be three phase, three wire star connected to the station transformers with the station neutral grounded. At locations where there are existing distribution lines, these lines will be relocated to the proposed transmission poles. 6. The estimated cost of the project is $10,723,000 in 2002 dollars, not including rights-of-way, substation and distribution costs. 7. ComEd has conducted a detailed review of the right-of-way alternatives in the area to find a right-of-way that minimizes impact on existing land uses, minimizes environmental impact and is least cost. After substantial consultation with the City of St. Charles, the City of Geneva, and the City of Batavia, ComEd selected the best route for the proposed transmission line. It is the shortest and most direct route to supply power to the areas where new municipal substations have been or will be installed, follows established transportation corridors, takes advantage of existing road and other rights-of-way, and permits construction of the transmission line at the least cost. 8. ComEd has been in active negotiations with a number of landowners along the proposed route and has offered these landowners fair market value for the easement rights necessary for construction of the line. However, ComEd has, to date, been unable to secure all of the rights-of-way necessary for this project. ComEd believes that exercise of the right of eminent domain will be necessary to complete acquisition of the required rights-of-way. Therefore, this Petition seeks an Order under Section 8-503 of the Act authorizing and directing 3 ComEd’s construction, operation, and maintenance of the proposed line and authorizing ComEd’s use of the right of eminent domain authorized by Section 8-509 of the Act to acquire real estate, but only with respect to such parcels that have not been acquired as of the hearing of this matter. Granting ComEd both a Certificate and the authority to use eminent domain in a single proceeding will conserve Commission and utility resources because the Commission will be able to consider all relevant issues in a single proceeding. Additionally, a single proceeding will permit the Commission to consider the need for eminent domain before a final route is approved. 9. Exhibit A shows the location of railroad tracks, the name of the railroad owning those tracks, the location of any pipelines and major power or communication lines to be crossed or paralleled within one-half mile of the line and the names of the companies owning the facilities. Additional power and communication lines routinely associated with the delivery of utility services exist within one-half mile of the line, but are too numerous to show on Exhibit A. None of these facilities will interfere with the proposed line. The following railroad, utility, and pipeline corporations have facilities that are crossed or paralleled within 200 feet of the proposed new line: SBC/Ameritech NICOR Gas Company Union Pacific Railroad C.C. & P. Railroad (owned by CN/Illinois Central) Williams Petroleum Pipeline WorldCom Fiber Optic City of St. Charles Electric Department City of Batavia Electric Department City of Geneva Electric Department 10. Construction of the proposed line will not result in the removal of significant areas of agricultural land from cultivation. The proposed line and substations will neither 4 occupy, nor transit, historic property. ComEd does not anticipate that the proposed project will have a significant impact on wetlands under the jurisdiction of the United States Army Corp of Engineers. 11. There are a number of restricted landing areas within five miles of the proposed line. The following fixed wing, helicopter and seaplane restricted landing areas are within five miles of the proposed line: Aurora Downs Edgar R. Vonedsmith (an individual) Mercy Center for Healthcare Delnor Community Hospital Rush Copley Memorial Hospital Capsonic Group St. Joseph Hospital Illinois Department of Public Works and Buildings Kelly Turner (an individual) DuPage County Airport 12. ComEd is capable of efficiently managing and supervising construction of the proposed line. 13. ComEd is capable of financing the construction of the proposed line without adverse financial consequences for ComEd or its customers. 14. Pursuant to 83 Ill. Admin. Code §305.60, “Notification Procedure for Applications,” notice of the filing of this Petition has been sent to the utilities and railroads whose names and addresses are set forth on the Affidavit of Notification attached hereto as Exhibit C and made a part hereof. In addition, notice of the filing of this Petition has been sent to the public officials and other interested parties also identified on Exhibit C hereto. 15. Pursuant to 83 Ill. Admin. Code §200.150(h), a list containing the names and addresses of each record owner of privately owned tracts of land, upon or across which the proposed transmission line will be constructed, as disclosed by the records of the tax collector of 5 Kane County, as of not more than thirty (30) days prior to the filing of this Petition, is attached hereto as Exhibit D and made a part hereof. 16. Pursuant to 83 Ill. Admin. Code §200.150(f) a Notice of Hearing, suitable for publication, is attached hereto as Exhibit E and made a part hereof. 17. The construction, operation, and maintenance of the transmission line described herein and the making from time to time of all necessary additions, extensions, substitutions or repairs and improvements to said line and the transaction of an electric public utility business in connection therewith will promote the public convenience and is necessary thereto. WHEREFORE, Commonwealth Edison Company requests that the Commission: 1.