PEOPLE EX REL. HARTIGAN v. ILL. COMMERCE COM'N

No. 63747.

117 Ill.2d 120 (1987)

510 N.E.2d 865

THE PEOPLE ex rel. NEIL F. HARTIGAN, Attorney General, et al., Appellees, v. THE ILLINOIS COMMERCE COMMISSION et al., Appellants.

Supreme Court of Illinois.

Opinion filed June 16, 1987.


Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Hercules F. Bolos, Thomas J. Russell and Allen C. Wesolowski, Special Assistant Attorneys General, of Chicago), for appellant Illinois Commerce Commission.

Isham, Lincoln & Beale (Richard G. Ferguson, Michael I. Miller and Paul F. Hanzlik, of counsel), and Kevin M. Forde, Ltd. (Kevin M. Forde and Katrina Veerhusen, of counsel), of Chicago, for appellant Commonwealth Edison Company.

Neil F. Hartigan, Attorney General of Springfield, and Richard M. Daley, State's Attorney, of Chicago (John W. McCaffrey, Mark N. Jason, Rosalyn B. Kaplan, William J. Herrmann, David A. Gilbert and James S. Montana, Jr., Assistant Attorneys General, of Chicago, and Patrick N. Giordano, Assistant State's Attorney, of counsel), for the People.

Judson H. Minor and Dodge Wells, Corporation Counsel, of Chicago, for appellee City of Chicago.

Allen W. Cherry, of Chicago, for appellee Community Action for Fair Utility Practice.

Randall Robertson and Edward C. Fitzhenry, of Lueders, Robertson & Konzen, of Granite City, for appellee Illinois Industrial Energy Consumers.

Jenner & Block, of Chicago (Alexander Polikoff, Howard A. Learner, Robert L. Graham, Norman M. Hirsch, Howard A. Simon, Stuart Gimbel, and Deborah A. Dobish, of counsel), for appellees Business and Professional People for the Public Interest et al.

Jeffrey C. Paulson and Stefan H. Krieger, of Chicago, for appellee South Austin Coalition Community Council.

Morris I. Leibman, Howard J. Trienens, David W. Carpenter and Laura L. Leonard, of Sidley & Austin, of Chicago, for amicus curiae General Employees' Retirement Trust of the YMCA of Metropolitan Chicago et al.

William G. Shepherd, of Chicago, for amicus curiae Small Business Utility Advocate.

Stephen J. Moore, Nicala R. Carter and Thomas H. Rowland, of Chicago, for amicus curiae Office of Public Counsel.


Affirmed in part, and reversed in part, and remanded.

JUSTICE MILLER delivered the opinion of the court:

In October 1985 Commonwealth Edison Company (Edison) was granted a rate increase by the Illinois Commerce Commission (the Commission). The Commission's order, with three Commissioners dissenting, disallowed a relatively small percentage of the rate increase requested by Edison. A number of intervenors opposing the rate increase appealed the Commission's...

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