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CATERPILLAR, INC. v. ILL. COMMERCE COM'N

Nos. 1-03-0263, 1-03-1706.

808 N.E.2d 32 (2004)

348 Ill. App.3d 823

283 Ill.Dec. 482

CATERPILLAR, INC.; Abbott Laboratories, Inc.; Ford Motor Company; A Finkl And Sons Company; Daimler Chrysler Corporation; Modern Drop Forge Company and General Motors Corporation, Petitioners, v. ILLINOIS COMMERCE COMMISSION; Commonwealth Edison Company; Peoples Energy Service Corporation; Central Illinois Light Company; The People of Cook County; The People of the State of Illinois; Illinois Power Company; Blackhawk Energy Services, LLC; Midamerican Energy Company; United States Department of Energy; Citizens Utility Board; Metropolitan Water Reclamation District; Chicago Area Customer Coalition; Amfiren CIPS and Ameren UE; Building Owners And Managers Association; Trizec Properties, Inc; National Energy Marketers Association; AES New Energy, Inc; Metropolitan Chicago Healthcare Council; and The City of Chicago; Respondents.

Appellate Court of Illinois, First District, Third Division.

March 24, 2004.

Attorney(s) appearing for the Case

Lueders, Robertson & Konzen LLC (Eric Robertson, of counsel), for Petitioners.

Office of General Counsel, Illinois Commerce Commission (James E. Weging, Special Assistant Attorney General, of counsel), for Respondents, Illinois Commerce Commission.

Commonwealth Edison Co. (Darryl Bradford, Vice President & Associate General Counsel, of counsel), Exelon Business Service Company (Anastasia O'Brien, of counsel), Sidley Austin Brown & Wood, LLP (Sarah J. Read, Robert N. Hochman and Maria Tun, of counsel), for Respondents, Commonwealth Edison.

Justice KARNEZIS delivered the opinion of the court:

This consolidated appeal arose as a result of a petition filed by Commonwealth Edison (ComEd) to declare certain electrical services "competitive" and to allow certain tariff amendments implementing the competitive service. Numerous parties intervened, including: Peoples Energy Service Corporation; Central Illinois Light Company; the People of Cook County; the People of the State of Illinois; Illinois Power Company...

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