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COMMONWEALTH EDISON CO. v. COMMERCE COM'N

Nos. 1-13-2011, 1-13-2012.

16 N.E.3d 801 (2014)

COMMONWEALTH EDISON COMPANY, Petitioner, v. ILLINOIS COMMERCE COMMISSION; Citizens Utility Board; The City of Chicago; and The People of the State of Illinois, Respondents.

Appellate Court of Illinois, First District, Fourth Division.

July 31, 2014.

Attorney(s) appearing for the Case

Thomas S. O'Neill , of Commonwealth Edison Company, Deborah Decker , of Exelon Company, John J. Hamill , Kathryn Hunt Muse , and Daniel T. Fenski , all of Jenner & Block, and E. Glenn Rippie , of Rooney Rippie & Ratnaswamy LLP, all of Chicago, for petitioner.

Lisa Madigan , Attorney General, of Chicago ( John P. Kelliher , Special Assistant Attorney General, of counsel), for respondent Illinois Commerce Commission.

Lisa Madigan , Attorney General, of Chicago ( Carolyn E. Shapiro , Solicitor General, and Evan Siegel , Assistant Attorney General, of counsel), for the People.

OPINION

Justice EPSTEIN delivered the judgment of the court, with opinion.

¶ 1 In this consolidated appeal, petitioner Commonwealth Edison (ComEd), challenges two orders of respondent, the Illinois Commerce Commission (the Commission) interpreting and applying section 16-125(e) of the Public Utilities Act (220 ILCS 5/16-125(e) (West 2010)) (the Act) to power interruptions that resulted from a series of severe storm systems that hit northern Illinois...

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