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COMMONWEALTH EDISON CO. v. ILLINOIS COMMERCE COM'N

No. 2-97-0657.

692 N.E.2d 1350 (1998)

295 Ill. App.3d 311

230 Ill.Dec. 184

COMMONWEALTH EDISON COMPANY, Petitioner, v. ILLINOIS COMMERCE COMMISSION, Respondent (Central Illinois Light Company et al., Intervenors).

Appellate Court of Illinois, Second District.

March 31, 1998.

Attorney(s) appearing for the Case

Bruce W. Doughty, Paul F. Hanzlik, Karen Kremer Mahoney, E. Glenn Rippie, Hopkins & Sutter, Chicago, Thomas J. Russell, Sr. Regulatory Counsel—Commonwealth Edison Co., Chicago, for Commonwealth Edison Company.

Illinois Commerce Commission, Office of General Counsel, Springfield, John P. Kelliher, Special Assistant Attorney General, Chicago, David I. Fein, Assistant State's Attorney—Public Utilities Div., Chicago, for Illinois Commerce Commission.

Edward J. Griffin, W. Michael Seidel, Defrees & Fiske, Chicago, for Central Illinois Light Company.

Kathleen I. Niew, Niew & Associates, P.C., Oak Brook, for Northern Illinois Coalition for Fair Competition.

Justice DOYLE delivered the opinion of the court:

Petitioner, Commonwealth Edison Company (ComEd), appeals directly to this court from an order of respondent, the Illinois Commerce Commission (Commission). The order denied ComEd's petition to the Commission for consent and approval to provide energy support services to energy users. ComEd contends that the order was erroneous because the Commission improperly (1) applied a required balancing test; (2) based its decision...

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