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COMMONWEALTH EDISON v. ILL. COMMERCE COM'N

No. 2-01-0635.

767 N.E.2d 504 (2002)

328 Ill. App.3d 937

263 Ill.Dec. 53

COMMONWEALTH EDISON COMPANY, Petitioner, v. ILLINOIS COMMERCE COMMISSION; Central Illinois Light Company; Central Illinois Public Service Company; Illinois Power Company; Interstate Power Company; MidAmerican Energy Company; Mt. Carmel Public Utility Company; South Beloit Water, Gas, and Electric Company; and Union Electric Company, Respondents (AES NewEnergy, Inc.; Alliant Energy Corporation; Association of Illinois Electric Cooperatives; Blackhawk Energy Services, L.L.C.; Enron Energy Services, Inc.; Illinois Industrial Energy Consumers; Metropolitan Chicago Healthcare Council; Nicor Energy, L.L.C.; Peoples Energy Service Corporation; The People of the State of Illinois; and Unicom Energy, Inc., Intervenors).

Appellate Court of Illinois, Second District.

April 4, 2002.

Attorney(s) appearing for the Case

Michael S. Pabian, Assistant General Counsel, Exelon Business Services Co., Paul F. Hanzlik, E. Glenn Rippie, John P. Ratnaswamy, Cynthia A. Fonner, Chicago, for Commonwealth Edison Co.

Illinois Commerce Commission, Office of General Counsel, Springfield, John P. Kelliher, Special Assistant Attorney General, Chicago, for Illinois Commerce Commission.

Robert P. Jared, MidAmerican Energy Co., Davenport, IA, for MidAmerican Energy Co.

Christopher J. Townsend, David I. Fein, Terence M. Dunleavy, Piper, Marbury, Rudnick & Wolfe, Chicago, for AES New Energy, Inc.

Owen E. MacBride, Schiff, Hardin & Waite, Chicago, for Illinois Power Company.

Justice GEIGER delivered the opinion of the court:

The petitioner, Commonwealth Edison Company (ComEd), appeals directly to this court from an order of the respondent, Illinois Commerce Commission (the Commission). The Commission's order provided that alternative retail electric suppliers who utilize the single billing option provided under section 16-118(b) of the Public Utilities Act (the Act) (220 ILCS 5/16-118(b) (West...

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