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ILLINOIS POWER CO. v. ILL. COMMERCE COM'N

No. 5-02-0065.

790 N.E.2d 377 (2003)

339 Ill. App.3d 425

274 Ill.Dec. 1

ILLINOIS POWER COMPANY, Petitioner, v. The ILLINOIS COMMERCE COMMISSION and The People of The State of Illinois, Respondents.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted May 9, 2003.

Opinion Filed May 9, 2003.

Attorney(s) appearing for the Case

Joseph L. Lakshmanan, Assistant General Counsel, Illinois Power Company, Decatur; Owen E. MacBride, Schiff, Hardin & Waite, Chicago, for Petitioner.

John P. Kelliher, Special Assistant Attorney General, Illinois Commerce Commission, Chicago, for Respondents.

Justice MAAG delivered the opinion of the court:

Illinois Power Company (Illinois Power), the petitioner, seeks the review of an order that the Illinois Commerce Commission (Commission), the respondent, issued on November 27, 2001, finding that Illinois Power was imprudent in retiring its Freeburg, Illinois, propane plant. As a result of this finding, the Commission determined that the costs that Illinois Power incurred to obtain pipeline transportation capacity of...

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