UNION ELECTRIC CO. v. ILL. COMMERCE COMM'N

Nos. 51455, 51476 cons.

77 Ill.2d 364 (1979)

396 N.E.2d 510

UNION ELECTRIC COMPANY, Appellant, v. THE ILLINOIS COMMERCE COMMISSION et al., Appellees. — ILLINOIS BELL TELEPHONE COMPANY, Appellant, v. THE ILLINOIS COMMERCE COMMISSION, Appellee.

Supreme Court of Illinois.

Rehearing denied November 30, 1979.


Attorney(s) appearing for the Case

William E. Jaudes, of St. Louis, Missouri, and Robert Broderick, of Pope and Driemeyer, of Belleville, for appellant.

William J. Scott, Attorney General, of Springfield, and Bernard Carev, State's Attorney, of Chicago (Richard K. Means and Hercules F. Bolos, Special Assistant Attorneys General, and Thomas J. Swabowski, Assistant Attorney General, all of Chicago, and Michael L. Ginsberg, of Springfield, of counsel), for appellee Illinois Commerce Commission.

Randall Robertson, of Lueders, Robertson & Konzen, of Granite City, and John P. Meyer and Linnea Johnson, of the law offices of John P. Meyer, of Danville, for appellees Cerro Copper Products et al.

Justin A. Stanley, Robert A. Helman, Thomas N. Jersild, and Stephen J. Mattson, of Mayer, Brown & Platt, of Chicago, for amicus curiae Northern Illinois Gas Company.

Joseph M. Wells, James Hinchliff, and Emmitt C. House, of Chicago, for amici curiae Peoples Gas Light & Coke Co. et al.

Richard G. Ferguson, David J. Rosso, Boyd J. Springer, William T. Hart, Owen E. MacBride, and Edward J. Griffin (Isham, Lincoln & Beale; Schiff, Hardin & Waite; and Defrees & Fiske, of counsel), for amici curiae Central Illinois Light Co. et al.

Donald H. Sharp, Thomas P. Hester, John W. McNulty, and Edward Butts, of Chicago (Ensel, Jones, Blanchard & LaBarre, of Springfield, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (Richard K. Means and Hercules F. Bolos, Special Assistant Attorneys General, and Thomas J. Swabowski, Assistant Attorney General, all of Chicago, and Michael L. Ginsberg, of Springfield, of counsel), for appellee Illinois Commerce Commission.

William R. Quinlan, Corporation Counsel, of Chicago (Daniel Pascale, Edmund Hatfield, and Bernard Rane, Assistant Corporation Counsel, of counsel), for appellee city of Chicago.


Appellate court reversed; circuit courts affirmed; cause remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

These consolidated cases involve the validity of rates established for two public utilities by the Illinois Commerce Commission. The primary issue concerns the elements used by the Commerce Commission in establishing the rate base of each utility. The order of the Commission in each case rejected the "fair value" concept as the appropriate...

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