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BLUESTAR ENERGY SERVICES, INC. v. COMMERCE COMM'N

No. 1-06-1277.

871 N.E.2d 880 (2007)

BLUESTAR ENERGY SERVICES, INC., Plaintiff-Appellant, v. ILLINOIS COMMERCE COMMISSION, Defendant-Appellee (Ameren Corporation, Defendant and Intervenor-Appellee).

Appellate Court of Illinois, First District, First Division.

June 29, 2007.

Attorney(s) appearing for the Case

BlueStar Energy Services, Inc., Chicago (Jon M. Casadont, of counsel), for Appellant.

Illinois Commerce Commission, Chicago (James E. Weging, of counsel), for Appellee Illinois Commerce Commission.

Jones Day, Chicago (James A. White, Karey V. Skiermont and Laura M. Earl, of counsel), for Ameren Corporation.

Justice ROBERT E. GORDON delivered the opinion of the court:

The issue presented in this case is whether the Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq. (West 2004)) requires the Illinois Commerce Commission (ICC) to disclose material provided to it by Ameren Corporation (Ameren) pertaining to a settlement agreement disclosed in confidence to the ICC, or whether such information is exempt from disclosure by section 7 of the FOIA (5 ILCS 140/7 (West...

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