Commonwealth Edison Company v. Illinois Commerce Commission

ComEd challenged Illinois Commerce Commission's (ICC) application of Section 16-108.5 of Public Utilities Act and requiring that ComEd adjust its rates based on expected increase in number of customers served, and allocate general costs, and restrict its recovery for performance bonuses paid to its employees and for compensation to managers via stock in parent company. ComEd failed to meet its burden to prove that Illinois Commerce Commission (ICC) made findings contrary to manifest weight of evidence, misinterpreted the Public Utilities Act, or misapplied the Act to facts; and failed to meet its burden to show error in ICC's decision to adjust rates for expected increases in the number of customers it will serve, and to allocate cots of general wages and plant in accord with formula used in prior rate cases. (HYMAN and PUCINSKI, concurring.)