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Economy / Energy

Illinois Explores Free-Market Energy Policy

By Avery Frank on Oct 31, 2025
Chicago skyline, Illinois energy policy, free-market energy policy, consumer-regulated electricity
Rudy Balasko / Shutterstock

I recently wrote about how one of our neighbors, Kansas, is making moves to bring nuclear energy to the state. Now, another neighbor, Illinois, is considering legislation that would allow consumer-regulated electricity (CRE).

Consumer Regulated Electricity and Today’s Economy

CRE would allow off-grid electricity providers to generate, store, transmit, distribute, and sell electricity to new, large customers. They would not be permitted to serve the general public and would still be subject to federal regulations and other rules such as permitting and workplace safety. If a CRE utility (CREU) chooses to interconnect with the regulated grid, it would then cease to be a CREU.

While this might sound like a lot of red tape, it still cuts down on the mountain of regulations and permissions for utilities on the regulated grid that serves the general public. CRE enables innovative, profit-driven entrepreneurs to serve energy-hungry clients building things like data centers.

For example, CRE could allow a new aluminum smelting facility that needs a consistent, high-power energy supply to partner with a CREU specializing in small-modular reactors (SMR). Such a partnership would give the aluminum facility a reliable power source tailored to its needs, with a payment structure negotiated privately between both parties. The aluminum facility could even use industrial heat from the SMR for its own high-intensity manufacturing processes.

Another benefit of CRE is increased flexibility. The energy sector is rapidly changing. Forecasting future demand is difficult even under stable conditions, but today’s landscape makes accurate prediction even more challenging.

Consider artificial intelligence. Many projections warn of an immense spike in electricity demand from data centers needed to power artificial intelligence, while others suggest innovation could make these systems far more efficient. Either way, relying on regulators alone to anticipate these trends and build capacity accordingly is risky for ratepayers who need electricity but also end up paying for new construction.

Free-market mechanisms like CRE would distribute that risk. If demand rises sharply, CRE utilities could more quickly deploy new generation to meet some of it, easing pressure on the regulated grid and diminishing rate hikes. If demand falls short, the CREUs and their customers would be responsible for the financial cost of overbuilding, not captive ratepayers.

Illinois’s willingness to explore CRE shows a growing recognition that the traditional utility model may not be the best way handle modern energy challenges. Allowing CRE in Missouri could attract investment, foster innovation, and relieve stress on the regulated grid and ratepayers. This is a policy Missouri should consider.

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About the author

Avery Frank

Policy Analyst

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