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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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