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

Nos. 4-12-1008, 4-13-0029.

2 N.E.3d 1087 (2013)

2013 IL App (4th) 121008

377 Ill. Dec. 806

AMEREN ILLINOIS COMPANY, Petitioner, v. ILLINOIS COMMERCE COMMISSION; The Citizens Utility Board; AARP; The Commercial Group (Best Buy Company Inc., J.C. Penney Corporation, Inc., Macy's, Inc., Sam's West, Inc., and Wal-Mart Stores, Inc.); The Industrial Energy Consumers (Air Products and Chemicals Company, Archer-Daniels-Midland Company, Caterpillar, Inc., CCPS Transportation, LLC, GBC Metals, LLC, Keystone Consolidated Industries, Inc., Marathon Petroleum Company, LP, Olin Corporation, Tate and Lyle Ingredients Americas, Inc., University of Illinois, Viscofan USA, Inc., and Washington Mills Hennepin, Inc.); The Office of the Attorney General; and the People of the State of Illinois, Respondents. Ameren Illinois Company, Petitioner, v. Illinois Commerce Commission, The Citizens Utility Board, AARP, The Office of the Attorney General, and The People of the State of Illinois, Respondents.

Appellate Court of Illinois, Fourth District.

Modified Upon Denial of Rehearing January 28, 2014.

Attorney(s) appearing for the Case

Albert D. Sturtevant , of Whitt Sturtevant LLP, of Chicago, Edward C. Fitzhenry , of Ameren Services Company, of St. Louis, Missouri, and Mark A. Whitt (argued) and Andrew J. Campbell , both of Whitt Sturtevant LLP, of Columbus, Ohio, for petitioner.

John P. Kelliher and James E. Weging (argued), Special Assistant Attorneys General, of Chicago, for respondent Illinois Commerce Commission.

Julie L. Soderna , Kristin Munsch , Christie Redd Hicks , and Orijit Ghoshal , all of Citizens Utility Board, of Chicago, for respondent Citizens Utility Board.

Lisa Madigan , Attorney General, of Chicago ( Michael A. Scodro , Solicitor General, and Jane Elinor Notz , Janice A. Dale , Karen L. Lusson , Susan L. Satter , Timothy O'Brien , and Brian F. Barov , Assistant Attorneys General, of counsel), for respondents Office of the Attorney General and the People.

Eric Robertson and Andrew Rankin , both of Lueders, Robertson & Konzen, LLC, of Granite City, and Conrad R. Reddick , of Wheaton, for other respondents.

OPINION

Justice HOLDER WHITE delivered the judgment of the court, with opinion.

¶ 1 In January 2012, Ameren Illinois Company (Ameren) filed its initial application with the Illinois Commerce Commission (Commission) to establish a performance-based rate tariff under the authority of section 16-108.5 of the Public Utilities Act (Utilities Act), commonly referred to as the Energy Infrastructure Modernization Act (Modernization Act) (220 ILCS 5/16-108.5...

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