COMMONWEALTH EDISON COMPANY, Petitioner-Appellant,
v.
ILLINOIS COMMERCE COMMISSION, Respondent-Appellee (The People of the State of Illinois; Alliant Energy Resources; Interstate Power Company; Amerencips; Amerenue; ANR Pipeline Company; Association of Illinois Electric Cooperatives; Blackhawk Energy Services, L.L.C.; Building Owners and Managers Association of Chicago; Central Illinois Light Company; Citizens Utility Board; the City of Chicago; the Cook County State's Attorney's Office; the United States Department of Energy; Enron Energy Services, Inc.; Illinois Industrial Energy Consumers; Illinois Municipal Electric Agency; Illinois Power Company; MidAmerican Energy Company; NEV Midwest, L.L.C.; Nicor, Inc.; Nicor Energy, L.L.C.; Northern Illinois Gas Company; and Peoples Energy Service Corporation, Intervenors.)
Appellate Court of Illinois, Second District.https://leagle.com/images/logo.png
June 6, 2001.
June 6, 2001.
Attorney(s) appearing for the Case
Paul F. Hanzlik, John L. Rogers, John P. Ratnaswamy, E. Glenn Rippie, Foley & Lardner, Rebecca J. Lauer, Deputy General Counsel/Commonwealth Edison Co., Thomas J. Russell, Senior Regulatory Counsel/Commonwealth Edison Co., Chicago, for Commonwealth Edison Co. in No. 2-00-0375.
Illinois Commerce Commission, Office of General Counsel, John P. Kelliher, Special Assistant Attorney General, Chicago, for Illinois Commerce Commission.
David I. Fein, Christopher J. Townsend, Piper, Marbury, Rudnick & Wolfe, Chicago, for Enron Energy Services, Inc.
James Hinchliff, Gerard T. Fox, Mary Klyasheff, Timothy P. Walsh, Peoples Energy Services Corp., Chicago, for Peoples Energy Services Corp., Alliant Energy Resources, Amerencips, Amerenue, ANR Pipeline Co., Association of Illinois Electric Cooperatives, Blackhawk Energy Services, L.L.C., Building Owners and Managers Association of Chicago, Central Illinois Light Co., Citizens Utility Board, Cook County State's Attorneys Office, Illinois Industrial Energy Consumers, Illinois Municipal Electric Agency, Illinois Power Co., Interstate Power Co., MidAmerican Energy Co., NEV Midwest, L.L.C., Nicor Energy, L.L.C., Nicor, Inc., Northern Illinois Gas Co., the People, South Beloit Water, Gas & Electric Co., United States Department of Energy.
Paul F. Hanzlik, John L. Rogers, John P. Ratnaswamy, Foley & Lardner, John E. Rooney, Hopkins & Sutter, E. Glenn Rippie, Foley & Lardner, Rebecca J. Lauer, Deputy General Counsel/Commonwealth Edison Co., Thomas J. Russell, Senior Regulatory Counsel/Commonwealth Edison Co., Chicago, for Commonwealth Edison Co. in No. 2-00-0275.
Appellate Court of Illinois, Second District.
Justice CALLUM 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 (the Commission). This order approves, with modification, ComEd's proposed open-access implementation plan and delivery service tariffs. On appeal, ComEd argues that the order unlawfully prevents ComEd from fully recovering its open-access implementation costs and delivery services...
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