Who Builds the Grid? Inside Illinois’ $1.9B Transmission Fight
Ameren’s claim to “dibs” on two projects could shape who profits—and how fast the clean energy transition reaches communities.
In Illinois, a dispute over who gets to build two new high-voltage transmission lines has landed at the Federal Energy Regulatory Commission (FERC). Ameren Illinois is asking FERC to give it exclusive rights to the nearly $1.9 billion projects, arguing state precedent puts it “first in the field,” while Illinois regulators, competitors, and consumer advocates are urging the commission to dismiss the petition and let state courts decide.
The brewing legal battle is about more than two interstate transmission lines. Ameren’s push to secure exclusive rights would give the utility control over projects that others argue should be competitively bid — raising alarms about costs, accountability, and whether households will end up paying more for projects meant to modernize the grid.
And the stakes extend beyond Illinois. With the Midcontinent Independent System Operator (MISO) planning trillions in transmission upgrades across 15 states, the outcome could shape who profits—and how quickly, and affordably, the clean energy transition reaches communities.
Here’s what’s at stake — and why the outcome matters for households far beyond Illinois.
The Case
At the center of the fight are two massive transmission lines — one running from Woodford County to the Illinois-Indiana border, another stretching to the Iowa state line. Together, they represent nearly $2 billion in projects approved by MISO, the regional grid planner for 15 states.
Ameren Illinois says the state’s “first in the field” doctrine gives it dibs on projects inside its territory, even if MISO designated them for competitive bidding. The utility has gone to both FERC and state court to press its claim, arguing that without guaranteed rights, investment in new lines could stall.
On the other side are Illinois regulators, Exelon’s Commonwealth Edison utility, Invenergy Transmission, and a coalition of consumer groups. They argue the doctrine has never been interpreted as a blanket monopoly — and that Ameren is trying to use the courts to win a power lawmakers explicitly denied.
In 2023, Governor JB Pritzker vetoed a bill that would have given incumbent utilities a right of first refusal, leaving Illinois without such a law. To opponents, Ameren’s petition is an attempt to sidestep that decision.
Why the Outcome Matters
At its core, the case is about who gets to build the future of the grid.
If Ameren wins, it could cement the power of incumbent utilities to control projects across Illinois — and potentially embolden utilities in other states to do the same. That could mean less competition, slower timelines, and higher costs for projects that are ultimately paid for by customers across the region.
If the petition is dismissed, competitive developers like Invenergy and others would have a clearer runway to bid on MISO’s next wave of projects.
Advocates say it could bring lower costs, more innovation, and faster timelines to get clean energy online — while critics warn that locking in incumbents could mean higher bills, slower innovation, and less accountability.
Six other states in MISO’s footprint already have right-of-first-refusal laws on the books. And with the grid operator planning trillions of dollars in new lines to connect wind, solar, and data-hungry load, the Illinois case could set a precedent. The outcome — along with the pros and cons of each — could ripple well beyond state lines.
The Bottom Line
For most households, a legal battle over who builds transmission lines might feel far removed. But the outcome will influence who holds the power to shape future projects — incumbents with guaranteed dibs, or a more competitive field of developers.
Both paths carry trade-offs: the choice could determine who builds the lines that deliver electricity, how quickly clean energy comes online, and how much customers ultimately pay.
With trillions in grid upgrades planned, the decision won’t just affect Illinois — it could help determine how the clean energy transition reaches communities across the Midwest and beyond.