BUSINESS & PRO. PEOPLE FOR THE PUBLIC INTEREST v. ILL. COMMERCE COM'N

Nos. 71602, 71629, 71669, 71681 and 71719.

585 N.E.2d 1032 (1991)

146 Ill.2d 175

166 Ill.Dec. 10

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

Supreme Court of Illinois.

December 16, 1991.


Attorney(s) appearing for the Case

Douglass W. Cassel, Jr., Howard A. Learner and Patricia M. Logue, Chicago, for appellant Business & Professional People for the Public Interest.

Roland W. Burris, Atty. Gen., Springfield, and Robert W. Cushing and G. Darryl Reed, Asst. Attys. Gen., Chicago, for the People of the State of Illinois, appellant.

Stephen J. Moore, Stephen Fogel, and Robert R. Neumann, Chicago, for the Office of Public Counsel, appellant.

Jack O'Malley, State's Atty., and Thomas H. Rowland, Supervisor, Public Utilities Division, Chicago, for the People of Cook County, appellant.

Kelly R. Welsh, Corp. Counsel, and Ruth Moscovitch, Chief Asst. Corp. Counsel, and Patrick N. Giordano, Special Asst. Corp. Counsel, of Foley & Lardner, Chicago, for appellant City of Chicago.

Susan L. Satter, Chicago, for appellant Citizens Utility Board.

Gilbert A. Cornfield, of Cornfield & Feldman, Chicago, for appellant Labor Coalition on Public Utilities.

Allen W. Cherry, Chicago, for appellants Community Action for Fair Utility Practice et al.

Eric Robertson and Randall Robertson, of Lueders, Robertson & Konzen, Granite City, and William Price, Chicago, for appellants Illinois Industrial Energy Consumers et al.

Edward P. O'Brien, Eva-Maria Wohn and David W. McGann, Special Asst. Attys. Gen., Chicago, for appellee Illinois Commerce Commission.

Howard J. Trienens, Michael I. Miller, R. Eden Martin, Dale E. Thomas, and David F. Graham, of Sidley & Austin, and Kevin M. Forde, Chicago, for appellee and cross-appellant Commonwealth Edison Co.


Justice CLARK delivered the opinion of the court:

This is the second time that the propriety of orders issued by the Illinois Commerce Commission (Commission) regarding the costs of Commonwealth Edison's (Edison's) newest nuclear electrical generating facilities and a corresponding increase in rates has been before this court.

In December 1989, this court issued an opinion overturning the Commission's Sixth Interim Order which had granted Edison a two-step...

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