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ILL. POWER COMPANY v. ILL. COMMERCE COM'N

Nos. 3-92-0679, 3-92-0779.

626 N.E.2d 713 (1993)

254 Ill. App.3d 293

193 Ill.Dec. 403

ILLINOIS POWER COMPANY, Appellant, v. The ILLINOIS COMMERCE COMMISSION; Citizen's Utility Board, the State of Illinois ex rel. Office of Public Counsel; Board of Trustees of the University of Illinois; and the Illinois Industrial Energy Consumers (Air Products & Chemicals Company, Inc.; Archer-Daniels-Midland Company; Bridgestone/Firestone, Inc.; Caterpillar, Inc.; General Motors Corporation; General Tire Company; Granite City Steel Division of National Steel Corporation; Illinois Cement Company; LTV Steel Company; Olin Corporation; PPG Industries, Inc.; Spectrulite Consortium, Inc.; Teepak, Inc.; and U.S. Silica Company), Appellees. CITIZEN'S UTILITY BOARD and the State of Illinois ex rel. Office of Public Counsel, Appellants, v. The ILLINOIS COMMERCE COMISSION and Illinois Power Company, Appellees.

Appellate Court of Illinois, Third District.

As Modified on Denial of Rehearing January 13, 1994.

Attorney(s) appearing for the Case

Allan Horwich, Owen E. MacBride (argued), James P. Gaughan, Jr., Lisa C. Leib, Schiff Hardin & Waite, Chicago, for Illinois Power Co.

Eric Robertson (argued), Jed S. Freeman, Lueders, Robertson & Konzen, Granite City, for Ill. Indus. Energy Consumers, Bridgestone/Firestone, Inc., Air Products & Chemicals, Inc., Archer-Daniels Midland Co., Caterpillar, Inc., General Motors Corp., General Tire Corp., Granite City Steel, Div. of Nat. Steel Corp., Illinois Cement Co., LTV Steel Co., Olin Corp., PPG Industries, Inc., Spectrulite Consortium, Inc., Teepak, Inc., U.S. Silica Co.

John P. Meyer, Law Offices of John P. Meyer, Danville, for University of Illinois Bd. of Trustees.

Nancy Shannon, Acting Public Counsel, Carol Brown, Office of Public Counsel, Chicago, for Office of Public Counsel.

Susan L. Satter (argued), Citizens Utility Bd., Chicago, for Citizens Utility Bd.

David W. McGann, John P. Kelliher, Sp. Asst. Attys. Gen. (argued), Chicago, for Illinois Commerce Com'n.

MODIFIED OPINION UPON THE DENIAL OF THE PETITIONS FOR REHEARING

Justice BARRY delivered the opinion of the court.

Illinois Power Company (IP) (No. 3-92-0679) and the Office of Public Counsel and the Citizens Utility Board (OPC/CUB) (No. 3-92-0779) appeal from certain orders and decisions of the Illinois Commerce Commission relating to IP's request for an increase in electric rates to recover deferred post-construction costs of its Clinton Power Station ...

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