CITIZENS UTILITY BD. v. ILL. COMMERCE COM'N

Nos. 1-95-0153, 1-95-0155, 1-95-0156, 1-95-0659 Cons.

683 N.E.2d 938 (1997)

291 Ill. App.3d 300

225 Ill.Dec. 435

CITIZENS UTILITY BOARD and the People of Cook County, Petitioners-Appellants, v. ILLINOIS COMMERCE COMMISSION and Commonwealth Edison Company, Respondents-Appellees. The CITY OF CHICAGO, Petitioner-Appellant, v. ILLINOIS COMMERCE COMMISSION, Illinois Commerce Commission Staff, the People of the State of Illinois, the Board of Trustees of the University of Illinois, Birmingham Steel Corporation, Business and Professional People for the Public Interest, Citizens Utility Board, Labor Coalition on Public Utilities, the People of Cook County, United States Department of Energy, Chicago Area Industrial Customer Coalition, Illinois Industrial Energy Consumers, and Ralph M. Schultz, Respondents-Appellees. The PEOPLE of the State of Illinois ex rel. James E. RYAN, Attorney General, Petitioner-Appellant, v. ILLINOIS COMMERCE COMMISSION, Commonwealth Edison Company, the City of Chicago, the Board of Trustees of the University of Illinois, Birmingham Steel Corporation, Business and Professional People for the Public Interest, Citizens Utility Board, the Labor Coalition on Public Utilities, the People of Cook County ex rel. Jack O'Malley, Cook County State's Attorney, United States Department of Energy, Chicago Area Industrial Consumers, Coalition, Illinois Industrial Energy Consumers, Ralph M. Schultz, and the People of the State of Illinois ex rel James E. Ryan, Attorney General, Respondents-Appellees, COMMONWEALTH EDISON COMPANY, Petitioner-Appellant, v. ILLINOIS COMMERCE COMMISSION, the People of Cook County ex rel. Jack O'Malley, Cook County State's Attorney, the Board of Trustees of the University of Illinois, the People of the State of Illinois ex rel. James E. Ryan, Attorney General, Citizens Utility Board, the City of Chicago, Labor Coalition on Public Utilities, United States Department of Energy, Business and Professional People for the Public Interest, Birmingham Steel Corporation, Ralph M. Schultz, Illinois Industrial Energy Consumers, and the Chicago Area Industrial Consumer Coalition, Respondents-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

Nunc Pro Tunc May 30, 1997.


Attorney(s) appearing for the Case

Sidley & Austin, Chicago (R. Eden Martin, David Stahl, Dale Thomas and D. Cameron Findlay, of counsel), Commonwealth Edison Company, Chicago (Pamela Strobel and JoAnne Bloom, of counsel), and Phelan, Cahill & Quinlan, Ltd, Chicago (William Quinlan, of counsel), for Petitioner-Appellant Commonwealth Edison Company.

Attorney General James Ryan and Assistant Attorneys General, Public Utilities Bureau, Chicago (Janice Dale and Eve Moran, of counsel), for Petitioner-Appellant State of Illinois.

Corporation Counsel of the City of Chicago, Chicago (Susan Sher, Lawrence Rosenthal, Benna Ruth Solomon and Jean Dobrer, on counsel), for Petitioner-Appellant City of Chicago.

Citizens Utility Board, Chicago (Wanda Zatopa, of counsel) and Rowland & Moore, Chicago (Stephen J. Moore, of counsel), for Petitioner-Appellant Citizens Utility Board.

Office of the General Counsel, Chicago (John Kelliher and David McGann, Special Assistant Attorneys General), for Respondent-Appellee Illinois Commerce Commission.

Jack O'Malley, State's Attorney of Cook County, Chicago (Sharon Coleman, Chief, Public Interest Bureau, Marie Spicuzza, Public Utilities Division, Leijuana Doss and David Fein, Assistant State's Attorneys, of counsel), for Respondent-Appellee People of Cook County.

Lueders, Robertson & Konzen, Granite City (Eric Robertson and Edward Fitzhenry, of counsel), for Respondent-Appellee Illinois Industrial Energy Consumers.

John P. Meyer, Danville, for Respondent-Appellee Board of Trustees of the University of Illinois.


Presiding Justice HARTMAN, delivered the opinion of the court:

On February 10, 1994, Commonwealth Edison Company (Edison) filed with the Illinois Commerce Commission (Commission) revised tariff schedules, proposing an increase in annual revenues "by about 7.9%." Edison also filed exhibits and testimony in support of the rate increase. The Commission thereafter twice suspended, until January 9, 1995, Edison's filed tariffs.

During these proceedings, appearances...

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