The PEOPLE of the State of Illinois ex rel. Neil F. HARTIGAN, et al., Petitioners,
v.
ILLINOIS COMMERCE COMMISSION, Respondent
The People of the State of Illinois ex rel. Neil F. Hartigan, Attorney General of the State of Illinois, et al., Plaintiffs-Appellees, The Illinois Commerce Commission, Defendants-Appellants.
Appellate Court of Illinois, First District, Fourth Division.https://leagle.com/images/logo.png
June 7, 1990.
As Modified on Denial of Rehearing October 18, 1990.
Attorney(s) appearing for the Case
G. Darryl Reed, MaryNic U. Foster, Asst. Attys. Gen., Neil F. Hartigan, Atty. Gen., Robert W. Cushing, Chief of Public Utilities Div., Chicago, for People.
Business and Professional People for the Public Interest, Chicago (Howard A. Learner, Robert L. Jones, Jr., of counsel).
Jenner & Block, Chicago (Robert L. Graham, Norman M. Hirsch, of counsel), for Citizens Utility Bd.
Foley & Lardner, Chicago (Patrick Giordano, of counsel), Corp. Counsel of City of Chicago (Kelly R. Welsh, of counsel), for City of Chicago.
Legal Assistance Foundation of Chicago (Allen W. Cherry, of counsel), for Community Action for Fair Utility Practice, Nat. Peoples Action, South Austin Coalition Community Council.
Governor's Office of Consumer Services, Chicago (David Gilbert, Patricia O'Brien, of counsel).
John P. Meyer, Danville, for Illinois Dept. of Transp.
Cornfield & Feldman, Chicago (Gilbert A. Cornfield, Daniel Koen, of counsel), for Labor Coalition on Public Utilities. People of Cook County ex rel. Cecil A. Partee, Chicago (Cecil Partee, State's Atty., and Thomas H. Rowland, Supervisor of Public Utilities Div., of counsel).
People of the State of Ill. ex rel. Office of Public Counsel, Chicago (Stephen J. Moore, Public Counsel, and Stephen Fogel, Deputy Public Counsel, of counsel).
Randall Robertson of Lueders, Robertson & Konzen, Granite City, and Paul J. Maton, Chicago, for Illinois Indus. Energy Consumers.
Clyde Kurlander, Edward P. O'Brien, Sp. Asst. Attys. Gen., Illinois Commerce Com'n Office of Gen. Counsel, Chicago, for Illinois Commerce Com'n.
Howard J. Trienens, R. Eden Martin, Michael I. Miller, Dale E. Thomas of Sidley & Austin, and Kevin M. Forde of Kevin M. Forde, Ltd., Chicago, for Commonwealth Edison Co.
Appellate Court of Illinois, First District, Fourth Division.
MODIFIED ON DENIAL OF REHEARING
Justice JIGANTI delivered the opinion of the court:
I. NATURE OF THE CASE
This is the second time this case has been before the Illinois courts. In October of 1985, the Illinois Commerce Commission (hereinafter the Commission) issued a decision allowing Commonwealth Edison Company (hereinafter Edison) an increase in rates of approximately $495 million annually. The bases...
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