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CENTRAL ILL. PUBLIC SERV. v. ILL. COMMERCE

No. 4-02-0443.

795 N.E.2d 865 (2003)

342 Ill. App.3d 617

277 Ill.Dec. 197

CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, d/b/a Ameren-CIPS, Plaintiff-Appellant, v. The ILLINOIS COMMERCE COMMISSION and Illinois Rural Electric Co., an Illinois Not-for-Profit Corporation, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided July 30, 2003.

Rehearing Denied September 13, 2003.

Attorney(s) appearing for the Case

Scott C. Helmholz (argued), Brown, Hay & Stephens, Springfield, for Central Illinois Public Service Co.

Jerry Tice (argued), Grosboll, Becker, Tice & Reif, Petersburg, Robert V. Bonjean, Jr., Bonjean Law Office, Jacksonville, for Illinois Rural Electric Co.

James E. Weging, Special Assistant Attorney General, Chicago, for Illinois Commerce Commission.

Justice COOK delivered the opinion of the court:

Plaintiff, Central Illinois Public Service Company, d/b/a AmerenCIPS (CIPS), is an Illinois public utility. Defendant, Illinois Rural Electric Company (IREC), is an Illinois not-for-profit corporation organized on a cooperative basis for the purpose of furnishing and distributing electrical energy. Both are electric suppliers within the meaning of the Electric Supplier Act (Act) (220 ILCS 30/1 through 16 (West 2000...

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