COMMONWEALTH EDISON v. ILLINOIS COMMERCE

No. 2-12-0334.

997 N.E.2d 762 (2013)

2013 IL App (2d) 120334

375 Ill. Dec. 451

COMMONWEALTH EDISON COMPANY, Petitioner, v. ILLINOIS COMMERCE COMMISSION; The People ex rel. Lisa Madigan, Attorney General; AARP; AARP Illinois; Bluestar Energy Services, Inc.; Building Owners and Managers Association of Chicago; Chicago Transit Authority; Citizens Utility Board; Chrysler, LLC; The City of Chicago; The Commercial Group (styled as such collectively from the following petitioners: Best Buy Company, Inc.; J.C. Penney Corporation, Inc.; Macy's, Inc.; Walmart Stores, Inc.); Constellation Energy Commodities Group, Inc.; Constellation Newenergy, Inc.; United States Department of Energy; International Brotherhood of Electrical Workers Local Union No. 15, AFL-CIO; Illinois Industrial Energy Consumers, a/k/a IIEC (styled as such collectively from the following petitioners: Abbott Laboratories, Inc.; Arcelormittal USA; Caterpillar, Inc.; Citgo, Inc.; Corn Products International, Inc.; Daimler Chrysler Corporation; Enbridge Energy, LP; Exxonmobil; Ford Motor Company; Merchandise Mart; Sterling Steel Company, LLC; Thermal Chicago Cooling, Inc.; Citco Inc.; General Iron Industries, Inc.); Northeast Illinois Regional Commuter Railroad Corporation, d/b/a Metra; Nucor Steel Kankakee, Inc.: The Kroger Company; The Coalition to Request Equitable Allocation Of Costs Together, a/k/a "REACT" (styled as such collectively from the following petitioners: A. Finkl and Sons Company; Alsip Paper Condominium Association; Aux Sable Liquid Products, LP; The City of Chicago; Commerce Energy, Inc.; Flint Hills Resources, LLC; Integrys Energy Services, Inc.; Metropolitan Water Reclamation District of Greater Chicago; PDV Midwest Refining, LLC; United Airlines, Inc.; Wells Manufacturing, Inc.); Retail Energy Supply Association, a/k/a "RESA" (styled as such collectively from the following petitioners: Commerce Energy, Inc.; Consolidated Edison Solutions, Inc.; Direct Energy Services, LLC; Gexa Energy; Hess Corporation; Intergrys Energy Services, Inc.; Liberty Power Corporation; Reliant Energy Retail Services, LLC; Sempra Energy Solutions; Strategic Energy, LLC; Suez Energy Resources NA, Inc.; US Energy Savings Corporation); and University of Illinois, Respondents.

Appellate Court of Illinois, Second District.

September 27, 2013.


Attorney(s) appearing for the Case

E. Glenn Rippie , Rooney Rippie & Ratnaswamy LLP, Barry Levenstam , Jenner & Block LLP, Chicago, David W. DeBruin , Matthew E. Price , Jenner & Block LLP, Washington, DC, for petitioner.

James E. Weging , Illinois Commerce Commission, Chicago, for respondent Illinois Commerce Commission.

Lisa Madigan , Attorney General, Chicago ( Michael A. Scodro , Solicitor General, Paul Berks , Assistant Attorney General, of counsel), for respondent People ex rel. Madigan.

Julie L. Soderna , Citizens Utility Board, Chicago, for respondent Citizens Utility Board.


OPINION

Presiding Justice BURKE delivered the judgment of the court, with opinion.

¶ 1 Commonwealth Edison Company (ComEd) is a public utility company that distributes electricity to consumers in northern Illinois. ComEd petitioned the Illinois Commerce Commission (Commission) to restructure and alter the rates ComEd charges, seeking a $360 million increase (2007 Rate Case). ComEd calculated its revenue...

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