the appropriate service to the other stuff the answer is yes the issue in this case is whether or not the plaintiff can this see can obtain from the court damages resulting from their violation and the failure to provide  haitians world to the village the public utility are provide what service is to be provided to the village so the citations to those provisions are simply mitigating what it is that those provisions  what you're suggesting of the i c c if you're talking about certain facilities construction certain facilities specifically which is nothing much here you know that would be a different story but the the  he's looking for is damages we do not deny that there were are obvious we do deny that the outages amounted to a violation of any contractual obligations the contract or you re fact of the matter is the food service interruptions are contemplated in the contract five point five section five point five the contract indicates there will be service interruptions and so service interruption is not a violation of the contract indeed five point five seven specifically says there will be service interruptions from time to time that may last more than twelve hours and when those things occur furnish this electricity in section five point two to deerfield is governed by the the terms and conditions set down by the i c c in eleven point village will be before the i c c provision after provision of four point four six point one talk about new technology and additional facilities which very seat and those complaints for the recovery of damages shall be filed with the commission within two years from the time the product come out of the or services to which the complaint was made was furnished so  what's the you know if they should have gone several years ago they could have done that nothing stopped them from doing that but that but the issue is there is certainly  the extent what they want is to get this system to a better place the first place they should have gone is the i c c because the i c c if you look at five eight five zero one five eight five zero three is charged with  specifically says the law the one way which is perfectly clear if you have a complaint that's dismissed and you want to change it before you go off on appeal you have to file a motion seeking leave to amend your complaint they never did that that constitutes jenin you can find a generator there are a variety of things in the can in case the power went out in the darkness i'm in slid down the stairs going down to the basement and fell and became quadriplegic in the ct hill no that is directly caused this year with me right well yes you can bet something that happens over a long period of time it's not sudden it's not dangerous ok so it doesn't fall within that exception and what's more statute has to be writ in the context of the act and limited to provisions limited to claims that are the normal bread and butter work of the circuit courts but you know a case a state wide regulation then the transmission of electricity and so you know you talk about one hundred two counties regulating electricity separately through their circuit courts and by the way you know there's a office they said specifically we cannot have municipalities addressing under the home rule theory if the transmission of electricity that has to be dealt with the statewide level by the well it has everything to do with rates because rates and services are intertwined services i see it as you very well because the because if you whatever you decide needs to be done in deerfield ok if you're cord that is going to have to be reflected in the rates schedule for the utilities and the circuit court judge recognize this very correctly what this essentially is is an attack on their rate structure saying the rates are not high enough for you to be able to afford to give us in deerfield the kind of electrical service we really like best and that's what they're saying  utilities to recover their costs of services so if there are in that case it was a matter of cleaning up some pollution that they had earlier laid down and they said to the i c c yes you have to give them one hundred percent of their cost recovery in their rates now the fact of the matter is that the general assembly has determined for the state of illinois that it will be a least cost transmission at least cost electric use electricity deerfield it might be would be possible to have a backup cert to build back up circuits throughout in deerfield it might be but the fact of the matter is that is the i c c tearing out the general assembly's least cost directive that has to make those determinations because the other thing the i c c has to do is ensure that the utilities make a sufficient return on their investment that they can attract capital in the market place it should be complicated web but that's what the general assembly says in the statutes it has to take into account so it has to do that as well and in at the same time it has to make sure that the people who are living in the inner city or in isolated rural areas who may not have as much money is other communities they're able to afford electricity at the same rates so it is when you start talking about the the both you have both the expertise technical scientific expertise the i c c in the uniformity of regulation of the i c c and it is you know familiar with on line wrong or somebody put a fusion improperly or somebody ran over somebody with a truck and this is a case about whether your field is being properly served by its chemical fettucine delivery to their electricity transmission system issue primary jurisdiction itself has been discussed in the context of this case in in light of say those issues you can look up the section and you question the issue here and just like any other case there's no reason not to and those cases did address the issue of primary jurisdiction if most same reasons all those cases including the case of this court and in two thousand and six this case is no different contractual and statutory duties he would necessarily have to spend more money on he crease raves insulting concluded the claim you know fell within the province of the i c c the uk apply to any case you can make an argument for jurisdiction why would the other scenario be any different than the cases that we've been talking about in this case so there has to be a difference between the two thank you very much