GENERAL MOTORS CORP. v. ILL. COM. COMM'N

Nos. 4-89-0101, 4-89-0105 cons.

191 Ill. App.3d 450 (1989)

547 N.E.2d 1299

GENERAL MOTORS CORPORATION et al., Petitioners, v. THE ILLINOIS COMMERCE COMMISSION et al., Respondents. — THE PEOPLE ex rel. THE OFFICE OF PUBLIC COUNSEL, Petitioner, v. GENERAL MOTORS CORPORATION et al., Respondents.

Appellate Court of Illinois — Fourth District.

Rehearing denied January 11, 1990.


Attorney(s) appearing for the Case

Stephen J. Moore, Public Counsel, of Chicago, and Jacqueline Abel, Assistant Public Counsel, of Springfield, for petitioner People ex rel. Office of Public Counsel.

Eric Robertson, Randall Robertson, and Edward C. Fitzhenry, all of Lueders, Robertson & Konzen, of Granite City, for other petitioners.

Neil F. Hartigan, Attorney General, of Springfield (Clyde Kurlander and Edward P. O'Brien, Special Assistant Attorneys General, of Chicago, of counsel), for respondent Illinois Commerce Commission.

Chapman & Cutler, of Chicago (Daniel J. Kucera and Frank A. Mraz, of counsel), for respondent United Cities Gas Company.

James Hinchliff, Thomas M. Patrick, Gerard T. Fox, and William M. Lopez, all of Chicago, for respondents Peoples Gas, Light & Coke Company and North Shore Gas Company.

Gary A. Brown, of Sorling, Northrup, Hanna, Cullen & Cochran, of Springfield, for respondent Central Illinois Public Service Company.

Katherine C. Swaller, of St. Louis, Missouri, for respondent Union Electric Company.

Stephen J. Mattson and Christian F. Binnig, both of Mayer, Brown & Platt, of Chicago, for respondents Northern Illinois Gas Company and Iowa-Illinois Gas & Electric Company.

Edward J. Hartman, Brent E. Gale, and Robert P. Jared, all of Davenport, Iowa, for respondent Iowa-Illinois Gas & Electric Company.

Clement F. Springer, Jr., and William D. Carstedt, both of DeFrees & Fiske, of Chicago, for respondent Interstate Power Company.

Owen E. MacBride, Frederick J. Sperling, and Rebecca J. Lauer, all of Schiff, Hardin & Waite, of Chicago, for respondent Illinois Power Company.

Defrees & Fiske, of Chicago (Edward J. Griffin, W. Michael Seidel, and David I. Addis, of counsel), for respondent Central Illinois Light Company.


Reversed and remanded.

JUSTICE KNECHT delivered the opinion of the court:

In recent years, there have been drastic changes in the distribution and sale of natural gas in this country. Traditionally, most local distribution companies (LDC's) — the companies which sell natural gas at retail to consumers — purchased their natural gas from pipeline companies, which in turn purchased natural gas from other pipeline

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