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VILLAGE OF BUFFALO v. ILL. COMMERCE COMM'N

No. 4-88-0529.

180 Ill. App.3d 591 (1989)

536 N.E.2d 438

THE VILLAGE OF BUFFALO, Petitioner, v. THE ILLINOIS COMMERCE COMMISSION et al., Respondents (Illinois Power Company, Intervenor).

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing April 18, 1989.

Attorney(s) appearing for the Case

William Herrmann and Nancy Gaitskill, both of Governor's Office of Consumer Services, of Chicago, and Roger D. Colton, of Boston, Massachusetts, for petitioner.

Neil F. Hartigan, Attorney General, of Springfield (Ana C. Cusack and Kathleen Nolan, Special Assistant Attorneys General, of Chicago, of counsel), for respondents.

Owen E. MacBride, Edward J. Finn, and Heather F. Wood, all of Schiff, Hardin & Waite, of Chicago, for intervenor Illinois Power Company.

Order affirmed.

JUSTICE SPITZ delivered the opinion of the court:

In 1976, intervenor, Illinois Power Company (Illinois Power), Soyland Power Cooperative, Inc., and Western Illinois Power Cooperative, Inc. (Cooperatives), entered into the Clinton Power Station ownership participation agreement (OPA). The OPA, together with certain subsequent amendments thereto, provided, inter alia, that Illinois Power and the Cooperatives would jointly own and be jointly...

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