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UNION ELECTRIC CO. v. COMMERCE COM.

No. 14793.

64 Ill. App.3d 700 (1978)

381 N.E.2d 1002

UNION ELECTRIC COMPANY, Petitioner-Appellee, v. ILLINOIS COMMERCE COMMISSION, Respondent-Appellant. — (CERRO COPPER PRODUCTS et al., Intervenors-Appellants.)

Appellate Court of Illinois — Fourth District.

Opinion filed October 12, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Hercules Bolos, Assistant Attorney General, of counsel), for appellant Illinois Commerce Commission.

Randall Robertson, of Leuders, Robertson & Konzen, of Granite City, and John P. Meyer, of Danville, for appellants Cerro Copper Products et al.

William E. Jaudes, of Union Electric Company, of St. Louis, Missouri, and Robert Broderick, of Pope & Driemeyer, of Belleville, for appellee.

Reversed and remanded.

Mr. JUSTICE CRAVEN delivered the opinion of the court:

The Illinois Commerce Commission (Commission) and certain industrial intervenors timely appeal the trial court's decision remanding the cause to the Commission for reconsideration based on the court's finding that the Commission acted outside the scope of its authority in both determining "value" for rate purposes and setting a rate of return primarily based on a decision of the...

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