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PEOPLE EX REL. HARTIGAN v. COMMERCE COM'N

Nos. 3-90-0492, 3-90-0500 and 3-90-0501.

573 N.E.2d 858 (1991)

214 Ill. App.3d 222

158 Ill.Dec. 45

The PEOPLE of the State of Illinois, ex rel. Neil F. HARTIGAN, Attorney General of the State of Illinois, Petitioners, v. ILLINOIS COMMERCE COMMISSION and Illinois Power Company, Respondents. The PEOPLE of the State of Illinois, ex rel. OFFICE OF PUBLIC COUNSEL, and Citizens Utility Board, Petitioners, v. ILLINOIS COMMERCE COMMISSION and Illinois Power Company, Respondents. ILLINOIS POWER COMPANY, Petitioners, v. ILLINOIS COMMERCE COMMISSION et al., Respondents.

Appellate Court of Illinois, Third District.

June 12, 1991.

Attorney(s) appearing for the Case

Janice Dale (argued), Asst. Atty. Gen., Public Utilities Div., Robert W. Cushing, Asst. Atty. Gen., Chief, Public Utilities Div., Roland W. Burris, Atty. Gen., Chicago, for People and Neil F. Hartigan.

Stephen Fogel (argued), Stephen J. Moore, Office of Public Counsel, Chicago, for Office of Public Counsel.

David W. McGann, Sp. Asst. Atty. Gen. (argued), Chicago, E.M. Fulton, Richard Wolters, Illinois Commerce Com'n, Springfield, for Illinois Commerce Com'n.

Eric Robertson (argued), Lueders, Robertson & Konzen, Granite City, for IIEC.

Gordon W. Gates, Londrigan, Potter & Randle, P.C., Springfield, Owen E. Mac-Bride, Allan Horwich, Linda K. Stevens, Schiff, Hardin & Waite, William J. Harte, William J. Harte, Ltd., Chicago, for Illinois Power Co.

William A. Price, Peter W. Jackson, Small Business Utility Advocate, Robert L. Graham, Jenner & Block, Chicago, for Citizens Utility Bd.

Daniel J. Kucera, Chapman & Cutler, David W. McGann (argued), Sp. Asst. Atty. Gen., Chicago, for Illinois Commerce Com'n.

Patrick D. Welch, Peru, amicus.

OPINION

Presiding Justice STOUDER.

Appellants, the Illinois Attorney General (No. 3-90-0492), the Office of Public Counsel and the Citizens Utility Board (OPC/CUB) (No. 3-90-0500), and appellant-appellee, the Illinois Power Company (No. 3-90-0501) appeal from an order issued by appellee, the Illinois Commerce Commission (the Commission). The appeals have been consolidated for purposes of our review. In light of...

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