BUSINESS & PROFESSIONAL PEOPLE v. ICC

Nos. 68100, 68246, 68247, 68306, 68355 cons.

136 Ill.2d 192 (1989)

555 N.E.2d 693

BUSINESS AND PROFESSIONAL PEOPLE FOR THE PUBLIC INTEREST et al., Appellants, v. THE ILLINOIS COMMERCE COMMISSION et al., Appellees.

Supreme Court of Illinois.

Modified on denial of rehearing May 31, 1990.


Attorney(s) appearing for the Case

Douglass W. Cassel, Jr., and Howard A. Learner, of Chicago, for appellant Business and Professional People for the Public Interest.

Jenner & Block, of Chicago (Robert L. Graham, Laura A. Kaster and Norman M. Hirsch, of counsel), for appellant Citizens Utility Board.

Richard M. Daley and Cecil A. Partee, State's Attorneys, of Chicago (Thomas H. Rowland and Winifred A. Watts, Assistant State's Attorneys, of counsel), and Patrick N. Giordano, of Foley & Lardner, of Chicago, for appellants People of Cook County.

Allen W. Cherry, of Chicago, for appellants Low Income Residential Consumers.

John P. Meyer, of Danville, for appellant Illinois Department of Transportation.

Judson H. Miner, Corporation Counsel, and Kelly R. Welsh, Acting Corporation Counsel, of Chicago (Ruth M. Moscovitch, Dodge Wells, Jean Dobrer and Robin Schulberg, of counsel), for appellant City of Chicago.

Stephen J. Moore, Public Counsel, and Stephen Fogel, Deputy Public Counsel, of Chicago, for the appellant Office of Public Counsel.

Clyde Kurlander, Edward P. O'Brien and John P. Kelliher, Special Assistant Attorneys General, of Chicago, for appellee Illinois Commerce Commission.

Howard J. Trienens, Michael I. Miller, David W. Carpenter, and David F. Graham, of Sidley & Austin, and Kevin M. Forde, all of Chicago, for appellee Commonwealth Edison Co.

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

Leonard S. Shifflett, of Burke, Wilson & McIlvaine, of Chicago, for amicus curiae Illinois Retail Merchants Association.


Reversed and remanded.

JUSTICE CALVO delivered the opinion of the court:

The Illinois Commerce Commission (Commission) entered a sixth interim order (Sixth Order) in these consolidated cases on December 30, 1988, granting Commonwealth Edison Company (Edison) a two-step rate increase for electric service over a five-year period. Two of the seven commissioners concurred in part and dissented in part from the Sixth Order. Several intervenors, on behalf of various...

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