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MONARCH GAS CO. v. ILLINOIS COMMERCE COM'N

No. 5-93-0283.

633 N.E.2d 1260 (1994)

261 Ill. App.3d 94

199 Ill.Dec. 269

MONARCH GAS COMPANY, Appellant, v. The ILLINOIS COMMERCE COMMISSION, Appellee.

Appellate Court of Illinois, Fifth District.

Rehearing Denied June 7, 1994.

Attorney(s) appearing for the Case

Richard J. Day, Sheafor & Day, St. Elmo, for appellant.

Ana Cusack Marcyan, Sp. Asst. Atty. Gen., Illinois Commerce Com'n, Chicago, for appellee.

Justice WELCH delivered the opinion of the court:

Monarch Gas Company ("Monarch") appeals a decision of the Illinois Commerce Commission ("ICC") ordering it to refund $21,390.00 in "unauthorized overtake charges" to its customers. These "unauthorized overtake charges" were incurred by Monarch in December 1989 when record-breaking cold temperatures forced Monarch to purchase additional gas from the Natural Gas Pipeline Company of America ("NGPCA"). On December 12,...

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