COMMONWEALTH EDISON CO. v. COMMERCE COM'N

Nos. 1-06-0664, 1-06-0858, 1-06-0859, 1-06-0876, 1-06-0966, 2-06-0149, 2-06-0381, 4-06-0118, 4-06-0391 to 4-06-0393.

858 N.E.2d 65 (2006)

306 Ill.Dec. 620

COMMONWEALTH EDISON COMPANY, Petitioner-Appellee, v. ILLINOIS COMMERCE COMMISSION, Respondent (The People of the State of Illinois, ex rel. Attorney General Lisa Madigan, Intervenor Appellant; the People of Cook County, ex rel. State's Attorney Richard Devine, Building Owners and Managers Association of Chicago, Environmental Law and Policy Center, Citizens Utility Board, Central Illinois Light Company, Central Illinois Public Service Company, Illinois Power Company, Ameren Energy Marketing Company, and the City of Chicago, Intervenors-Appellees; Blue Star Energy Services, Inc., Constellation Energy Commodities Group, Inc., Constellation Newenergy, Inc., Direct Energy Services, LLC, United States Department of Energy, Dynegy, Inc., Electric Power Supply Association, Illinois Energy Association, Abbott Laboratories, Inc., Caterpillar, Inc., Daimler Chrysler Corporation, Cognis Corporation, Enbridge Energy, LLP, Ford Motor Company, Motorola, Inc., J. Aron & Company, Mid-American Energy Company, Midwest Generation EME, LLC, Morgan Stanley Capital Group, Inc., Midwest Independent Power Suppliers, Peoples Energy Services Corporation, Reliant Energy, Inc., Local Unions 15, 51, and 702 of the International Brotherhood of Electrical Workers, AFL-CIO, Sempra Energy Solutions, and US Energy Savings Corporation, Intervenors). Commonwealth Edison Company, Petitioner-Appellee, v. Illinois Commerce Commission, Respondent (The People of Cook County, ex rel. State's Attorney Richard Devine, Intervenor-Appellant; the People of the State of Illinois, ex rel. Attorney General Lisa Madigan, Building Owners and Managers Association of Chicago, Environmental Law and Policy Center, Citizens Utility Board, Central Illinois Light Company, Central Illinois Public Service Company, Illinois Power Company, Ameren Energy Marketing Company, and the City of Chicago, Intervenors-Appellees; Blue Star Energy Services, Inc., Constellation Energy Commodities Group, Inc., Constellation Newenergy, Inc., Direct Energy Services, LLC, United States Department of Energy, Dynegy, Inc., Electric Power Supply Association, Illinois Energy Association, Abbott Laboratories, Inc., Caterpillar, Inc., Daimler Chrysler Corporation, Cognis Corporation, Enbridge Energy, LLP, Ford Motor Company, Motorola, Inc., J. Aron & Company, Mid-American Energy Company, Midwest Generation EME, LLC, Morgan Stanley Capital Group, Inc., Midwest Independent Power Suppliers, Peoples Energy Services Corporation, Reliant Energy, Inc., Local Unions 15, 51, and 702 of the International Brotherhood of Electrical Workers, AFL-CIO, Sempra Energy Solutions, and US Energy Savings Corporation, Intervenors). Commonwealth Edison Company, Petitioner-Appellee, v. Illinois Commerce Commission, Respondent (Citizens Utility Board, Intervenor-Appellant; the People of the State of Illinois, ex rel. Attorney General Lisa Madigan, Building Owners and Managers Association of Chicago, Environmental Law and Policy Center, the People of Cook County, ex rel. State's Attorney Richard Devine, Central Illinois Light Company, Central Illinois Public Service Company, Illinois Power Company, Ameren Energy Marketing Company, and the City of Chicago, Intervenors-Appellees; Blue Star Energy Services, Inc., Constellation Energy Commodities Group, Inc., Constellation Newenergy, Inc., Direct Energy Services, LLC, United States Department of Energy, Dynegy, Inc., Electric Power Supply Association, Illinois Energy Association, Abbott Laboratories, Inc., Caterpillar, Inc., Daimler Chrysler Corporation, Cognis Corporation, Enbridge Energy, LLP, Ford Motor Company, Motorola, Inc., J. Aron & Company, Mid-American Energy Company, Midwest Generation EME, LLC, Morgan Stanley Capital Group, Inc., Midwest Independent Power Suppliers, Peoples Energy Services Corporation, Reliant Energy, Inc., Local Unions 15, 51, and 702 of the International Brotherhood of Electrical Workers, AFL-CIO, Sempra Energy Solutions, and US Energy Savings Corporation, Intervenors). Commonwealth Edison Company, Petitioner-Appellee, v. Illinois Commerce Commission, Respondent (Environmental Law and Policy Center, Intervenor-Appellant; the People of the State of Illinois, ex rel. Attorney General Lisa Madigan, Building Owners and Managers Association of Chicago, the People of Cook County, ex rel. State's Attorney Richard Devine, Citizens Utility Board, Central Illinois Light Company, Central Illinois Public Service Company, Illinois Power Company, Ameren Energy Marketing Company, and the City of Chicago, Intervenors-Appellees; Blue Star Energy Services, Inc., Constellation Energy Commodities Group, Inc., Constellation Newenergy, Inc., Direct Energy Services, LLC, United States Department of Energy, Dynegy, Inc., Electric Power Supply Association, Illinois Energy Association, Abbott Laboratories, Inc., Caterpillar, Inc., Daimler Chrysler Corporation, Cognis Corporation, Enbridge Energy, LLP, Ford Motor Company, Motorola, Inc., J. Aron & Company, Mid-American Energy Company, Midwest Generation EME, LLC, Morgan Stanley Capital Group, Inc., Midwest Independent Power Suppliers, Peoples Energy Services Corporation, Reliant Energy, Inc., Local Unions 15, 51, and 702 of the International Brotherhood of Electrical Workers, AFL-CIO, Sempra Energy Solutions, and US Energy Savings Corporation, Intervenors). Commonwealth Edison Company, Petitioner-Appellee, v. Illinois Commerce Commission, Respondent (Building Owners and Managers Association of Chicago, Intervenor-Appellant; the People of the State of Illinois, ex rel. Attorney General Lisa Madigan, Environmental Law and Policy Center, the People of Cook County, ex rel. State's Attorney Richard Devine, Central Illinois Light Company, Central Illinois Public Service Company, Illinois Power Company, Ameren Energy Marketing Company, and the City of Chicago, Intervenors-Appellees; Blue Star Energy Services, Inc., Constellation Energy Commodities Group, Inc., Constellation Newenergy, Inc., Direct Energy Services, LLC, United States Department of Energy, Dynegy, Inc., Electric Power Supply Association, Illinois Energy Association, Abbott Laboratories, Inc., Caterpillar, Inc., Daimler Chrysler Corporation, Cognis Corporation, Enbridge Energy, LLP, Ford Motor Company, Motorola, Inc., J. Aron & Company, Mid-American Energy Company, Midwest Generation EME, LLC, Morgan Stanley Capital Group, Inc., Midwest Independent Power Suppliers, Peoples Energy Services Corporation, Reliant Energy, Inc., Local Unions 15, 51, and 702 of the International Brotherhood of Electrical Workers, AFL-CIO, Sempra Energy Solutions, US Energy Savings Corporation, and Citizens Utility Board, Intervenors). Commonwealth Edison Company, Petitioner-Appellant, v. Illinois Commerce Commission, Respondent (The People of the State of Illinois, ex rel. Attorney General Lisa Madigan, the People of Cook County, ex rel. State's Attorney Richard Devine, Building Owners and Managers Association of Chicago, Environmental Law and Policy Center, and Citizens Utility Board, Intervenors-Appellees; Central Illinois Light Company, Central Illinois Public Service Company, Illinois Power Company, Ameren Energy Marketing Company, Blue Star Energy Services, Inc., the City of Chicago, Constellation Energy Commodities Group, Inc., Constellation Newenergy, Inc., Direct Energy Services, LLC, United States Department of Energy, Dynegy, Inc., Electric Power Supply Association, Illinois Energy Association, Abbott Laboratories, Inc., Caterpillar, Inc., Daimler Chrysler Corporation, Cognis Corporation, Enbridge Energy, LLP, Ford Motor Company, Motorola, Inc., J. Aron & Company, Mid-American Energy Company, Midwest Generation EME, LLC, Morgan Stanley Capital Group, Inc., Midwest Independent Power Suppliers, Peoples Energy Services Corporation, Reliant Energy, Inc., Local Unions 15, 51, and 702 of the International Brotherhood of Electrical, Workers, AFL-CIO, Sempra Energy Solutions, and US Energy Savings Corporation, Intervenors). Central Illinois Light Company, Central Illinois Public Service Company, and Illinois Power Company, Petitioners-Appellants, v. Illinois Commerce Commission, Respondent (The People of the State of Illinois, ex rel. Attorney General Lisa Madigan, Environmental law and Policy Center, Citizens Utility Board, and Commonwealth Edison Company, Intervenors-Appellees; Dynegy, Inc., Illinois Industrial Energy Consumers, Blue Star Energy Services, Inc., Midwest Generation EME, LLC, Constellation Energy Commodities Group, Inc., Midwest Independent Power Suppliers, Local Unions 15, 51, and 702 of the International Brotherhood of Electrical Workers, AFL-CIO, Morgan Stanley Capital Group, Inc., Electric Power Supply Association, Illinois Energy Association, Ameren Energy Marketing Company, J. Aron & Company, Coalition of Energy Suppliers, US Energy Savings Energy Savings Corporation, Constellation Newenergy, Inc., Direct Energy Services, LLC, MidAmerican Energy Company, and Peoples Energy Services Corporation, Intervenors). Central Illinois Light Company, Central Illinois Public Service Company, and Illinois Power Company, Petitioners-Appellees, v. Illinois Commerce Commission, Respondent (Environmental Law and Policy Center, Intervenor-Appellant; the People of the State of Illinois, ex rel. Attorney General Lisa Madigan, Citizens Utility Board, and Commonwealth Edison Company, Intervenors Appellees; Dynegy, Inc., Illinois Industrial Energy Consumers, Blue Star Energy Services, Inc., Midwest Generation EME, LLC, Constellation Energy Commodities Group, Inc., Midwest Independent Power Suppliers, Local Unions 15, 51, and 702 of the International Brotherhood of Electrical Workers, AFL-CIO, Morgan Stanley Capital Group, Inc., Electric Power Supply Association, Illinois Energy Association, Ameren Energy Marketing Company, J. Aron & Company, Coalition of Energy Suppliers, US Energy Savings Corporation, Constellation Newenergy, Inc., Direct Energy Services, LLC, MidAmerican Energy Company, and Peoples Energy Services Corporation, Intervenors). Central Illinois Light Company, Central Illinois Public Service Company, and Illinois Power Company, Petitioners-Appellees, v. Illinois Commerce Commission, Respondent (The People of the State of Illinois, ex rel. Attorney General Lisa Madigan, Intervenor Appellant; Environmental Law and Policy Center, Citizens Utility Board, and Commonwealth Edison Company, Intervenors Appellees; Dynegy, Inc., Illinois Industrial Energy Consumers, Blue Star Energy Services, Inc., Midwest Generation EME, LLC, Constellation Energy Commodities Group, Inc., Midwest Independent Power Suppliers, Local Unions 15, 51, and 702 of the International Brotherhood of Electrical Workers, AFL-CIO, Morgan Stanley Capital Group, Inc., Electric Power Supply Association, Illinois Energy Association, Ameren Energy Marketing Company, J. Aron & Company, Coalition of Energy Suppliers, US Energy Savings Corporation, Constellation Newenergy, Inc., Direct Energy Services, LLC, MidAmerican Energy Company, and Peoples Energy Services Corporation, Intervenors). Central Illinois Light Company, Central Illinois Public Service Company, and Illinois Power Company, Petitioners-Appellees, v. Illinois Commerce Commission, Respondent (Citizens Utility Board, Intervenor-Appellant; Environmental Law and Policy Center, Commonwealth Edison Company, the People of the State of Illinois, ex rel. Attorney General Lisa Madigan, Intervenors-Appellees; Dynegy, Inc., Illinois Industrial Energy Consumers, Blue Star Energy Services, Inc., Midwest Generation EME, LLC, Constellation Energy Commodities Group, Inc., Midwest Independent Power Suppliers, Local Unions 15, 51, and 702 of the International Brotherhood of Electrical Workers, AFL-CIO, Morgan Stanley Capital Group, Inc., Electric Power Supply Association, Illinois Energy Association, Ameren Energy Marketing Company, J. Aron & Company, Coalition of Energy Suppliers, US Energy Savings Corporation, Constellation Newenergy, Inc., Direct Energy Services, LLC, MidAmerican Energy Company, and Peoples Energy Services Corporation, Intervenors).

Appellate Court of Illinois, Second District.

Rehearing Denied November 30, 2006.


Justice KAPALA delivered the opinion of the court:

These consolidated appeals are before this court after our supreme court, on August 4, 2006, entered an order denying a motion by the People of the State of Illinois (the State) under Supreme Court Rule 302(b) (134 Ill.2d R. 302(b)) for expedited review and to stay orders of respondent, the Illinois Commerce Commission (ICC). In...

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