Illinois has yet to face the issue, but when it does, it may find the road blocked by jurisdictional rules at the FERC. According to estimates by Moody's Investor Service, the state of Illinois would face stranded costs of nearly $6 billion if it should mandate retail wheeling to allow the state's electric utility customers to choose their own supply of electricity.
Fortnightly Magazine - January 15 1997
By reversing a ruling by a federal district court judge, the United States Court of Appeals for the Ninth Circuit has effectively reinstated an antitrust suit by a natural gas marketer against Washington Natural Gas Co., a natural gas local distribution company (LDC), charging the LDC with "off-tariff" pricing and other practices designed to favor commodity sales over transport-only customers who buy their own gas directly, such as from marketers.
In reinstating the complaint, the appeals court denied any "state action immunity" against antitrust claims.