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BIG RIVER ZINC CORP. v. ILL. COMMERCE COM'N

No. 5-91-0067.

597 N.E.2d 256 (1992)

232 Ill. App.3d 34

173 Ill.Dec. 548

BIG RIVER ZINC CORPORATION, Cerro Copper Products, Chemetco, Inc., Laclede Steel Company, Monsanto Company, and Jefferson Smurfit, as the Illinois Industrial Energy Consumers, Appellants, v. ILLINOIS COMMERCE COMMISSION, Union Electric Company, Department of Energy and Natural Resources, Office of Public Counsel, Citizens Utility Board, Office of Small Business Utility Advocate, Northern Illinois Gas Company, and Illinois Attorney General, Appellees.

Appellate Court of Illinois, Fifth District.

July 30, 1992.

Attorney(s) appearing for the Case

Edward C. Fitzhenry, Jr., Eric Robertson, Lueders, Robertson & Konzen, Granite City, for appellants.

David L. Nixon, Sp. Asst. Atty. Gen., Chicago, for appellee Ill. Commerce Com'n.

Joseph H. Raybuck, St. Louis, Mo., for appellee Union Elec. Co.

Sarah J. Read, Sidley & Austin, Chicago, for amicus curiae Commonwealth Edison.

Brent E. Gale, Iowa-Illinois Gas & Elec. Co., Davenport, Iowa, for amicus curiae Iowa-Illinois Gas & Elec.

Justice HARRISON delivered the opinion of the court:

The Illinois Industrial Energy Consumers (IIEC), a consortium of industrial users of electricity, appeals to this court for administrative review of an order entered by the Illinois Commerce Commission on November 20, 1990, adopting an energy plan filed by Union Electric (UE) pursuant to section 8-402(c) of the Public Utilities Act (Ill.Rev.Stat.1989, ch. 1112/3, par. 8-402(c)) and title 83, section 440, of the...

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