There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - 220 ILCS 5/ Public Utilities Act. Article VIII - Service Obligations And Conditions
(220 ILCS 5/8‑101) (from Ch. 111 2/3, par. 8‑101)
Sec. 8‑101.
Duties of public utilities; nondiscrimination.
A
public utility shall furnish, provide, and maintain such
service instrumentalities, equipment, and facilities as shall promote the
safety, health, comfort, and convenience of its patrons, employees, and
public and as shall be in all respects adequate, efficient, just, and
reasonable.
All rules and regulations made by a public utility affecting or
pertaining to its charges or service to the public shall be just and
reasonable.
A public utility shall, upon reasonable notice, furnish to all
persons who may apply therefor and be reasonably entitled thereto, suitable
facilities and service, without discrimination and without delay.
Nothing in this Section shall be construed to prevent a public utility from
accepting payment electronically or by the use of a customer‑preferred
financially accredited credit or debit methodology.
(Source: P.A. 92‑22, eff. 6‑30‑01.)
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(220 ILCS 5/8‑102) (from Ch. 111 2/3, par. 8‑102)
Sec. 8‑102.
Audit or investigation.
The Commission is authorized to
conduct or order a management audit or investigation of any public utility or
part thereof. The audit or investigation may examine the
reasonableness, prudence, or efficiency of any aspect of the
utility's operations, costs, management, decisions or functions that may affect the adequacy, safety, efficiency or reliability of utility
service or the reasonableness or prudence of the costs
underlying rates or charges for utility service. The Commission may conduct or
order a management audit or investigation only when it has reasonable grounds
to believe that the audit or investigation is necessary to assure
that the utility is providing adequate, efficient, reliable, safe,
and least‑cost service and charging only just and reasonable rates
therefor, or that the audit or investigation is likely to be
cost‑beneficial in enhancing the quality of service or the
reasonableness of rates therefor. The Commission shall, before initiating
any such audit or investigation, issue an order describing the grounds for
the audit or investigation and the appropriate scope and nature of
the audit or investigation. The scope and nature of any such
audit or investigation shall be reasonably related to the grounds relied upon
by the Commission in its order.
Any audit or investigation authorized pursuant to this Section may be
conducted by the Commission, or if the Commission is unable to adequately
perform the audit or investigation, the Commission may arrange for
it to be conducted by persons independent of the utility and selected by the
Commission. The cost of an independent audit shall be borne initially
by the utility, but shall be recovered as an expense through normal
ratemaking procedures. Any audit or investigation shall be conducted in
accordance with generally accepted auditing standards.
(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(220 ILCS 5/8‑201) (from Ch. 111 2/3, par. 8‑201)
Sec. 8‑201.
It is the policy of this State that no person should be
denied essential utility service during the winter months due to financial
inability to pay. It is also the policy of this State that public
utilities and residential heating customers deal with each other in good
faith and fair manner.
(Source: P.A. 84‑617.)
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(3) An opportunity to present evidence, orally or in | ||
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(4) A written decision from the Attorney General, | ||
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The Attorney General may bring an action in the circuit | ||
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All proceeds from the collection of any civil penalty | ||
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(Source: P.A. 94‑635, eff. 8‑22‑05; 94‑802, eff. 5‑26‑06.) |
(220 ILCS 5/8‑202) (from Ch. 111 2/3, par. 8‑202)
Sec. 8‑202.
Any public utility, or two or more public utilities, which
furnishes electricity or gas for space heating shall, during the calendar
months of November, December, January, February, and March:
(a) give written notice of its intention to terminate or cut off such
service or supply for any reason, other than by request of the customer,
to the customer. Such notice shall be sent by U.S. Mail at least 8 days
prior to termination of service or supply or delivered by other means to
the customer 5 days prior to such termination; and
(b) deliver written notice of intention to terminate or cut off such service
or supply for any reason, other than by request of the customer, to the
Director of the local department of public health or, if there is no local
department of public health, then to the township supervisor or, if there
is no township supervisor, then to the county sheriff where the premises
receiving such service or supply is located; and
(c) send, by certified mail, prior written notice of its intention to
terminate or cut off such service or supply for any reason, other than by
request of the customer, to the owner of record and/or the mortgagee of
the premises receiving such service or supply, should the owner of record
or mortgagee make request to the public utility for any such notice.
The notice required by paragraphs (b) and (c) of this Section shall be
delivered or mailed at least 24 hours and not more than 48 hours prior to
the termination of service or supply.
Any termination notice delivered or mailed to a customer shall include a
statement advising said customer that the township supervisor, local department
of public health, or county sheriff, and the owner and/or the mortgagee,
if applicable, will be notified of the termination action at least 24 hours
prior to the termination of service or supply.
Nothing in this Act shall be construed to limit the power of the Commission
to adopt other rules and regulations pursuant to service termination notices.
No public official to whom notice is given pursuant to subparagraph (b)
of this Section shall be liable for death, injury or damages resulting from
cut‑off of electricity or gas service or supply.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑203) (from Ch. 111 2/3, par. 8‑203)
Sec. 8‑203.
No public utility company which furnishes gas or
electricity for space heating shall, during the calendar months of
October, November, December, January, February and March, terminate or
cut off service to any residence or other building at the request of a
customer unless:
(a) the customer making the request identifies himself or herself as
the owner of the residence or other building or provides reasonable
assurance that the owner or the agent thereof has been notified of the
request; or
(b) the public utility company has made a reasonable effort to
ascertain the owner or the agent thereof and to notify such owner or
agent of the request; or
(c) more than 24 hours has elapsed from the time the request was
received by the public utility company.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑204) (from Ch. 111 2/3, par. 8‑204)
Sec. 8‑204.
Every public utility company which furnishes electricity to
residential customers shall (a) maintain a registry of those individuals
who are dependent on an electrically operated respirator, dialysis machine
or any other electrically operated life‑support equipment, and (b)
identify with a special tag each meter used in conjunction with the
provision of electric service to such individuals. The existence
of the registry shall be reasonably publicized by the public utility to
its residential customers and the general public. It shall be the
responsibility, however, of any individual relying on any life‑support
equipment to notify the public utility providing electrical service of his
or her dependency on such life‑support equipment.
(Source: P.A. 86‑1424.)
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(220 ILCS 5/8‑205) (from Ch. 111 2/3, par. 8‑205)
Sec. 8‑205.
Termination of gas and electric utility service to all
residential users, including all tenants of mastermetered apartment
buildings, for nonpayment of bills, where gas or electricity is used as the
only source of space heating or to control or operate the only space
heating equipment at the residence is prohibited,
1. on any day when the National Weather Service forecast for the following
24 hours covering the area of the utility in which the residence is located
includes a forecast that the temperature will be 32 degrees Fahrenheit or below; or
2. on any day preceding a holiday or a weekend when such a forecast
indicated that the temperature will be 32 degrees Fahrenheit or below
during the holiday or weekend.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑206) (from Ch. 111 2/3, par. 8‑206)
Sec. 8‑206.
Winter termination for nonpayment.
(a) Notwithstanding any other provision of this Act, no
electric or gas public utility shall disconnect service to any residential
customer or mastermetered apartment building for nonpayment of a bill or
deposit where gas or electricity is used as the primary source of space
heating or is used to control or operate the primary source of space heating
equipment at the premises during the period of time from December 1 through
and including March 31 of the immediately succeeding calendar year, unless:
(1) The utility (i) has offered the customer a deferred payment arrangement
allowing for payment of past due amounts over a period of not less than
4 months not to extend beyond the following November and the option to enter
into a levelized payment plan for the payment of future bills. The maximum
down payment requirements shall not exceed 10% of the amount past due and
owing at the time of entering into the agreement; and (ii) has provided
the customer with the names, addresses and telephone numbers of governmental
and private agencies which may provide assistance to customers of public
utilities in paying their utility bills; the utility shall obtain the approval
of an agency before placing the name of that agency on any list which will
be used to provide such information to customers;
(2) The customer has refused or failed to enter into a deferred payment
arrangement as described in paragraph (1) of this subsection (a); and
(3) All notice requirements as provided by law and rules or regulations
of the Commission have been met.
(b) Prior to termination of service for any residential customer or
mastermetered apartment building during the period from December 1 through
and including March 31 of the immediately succeeding calendar year, all
electric and gas public utilities shall, in addition to all other notices:
(1) Notify the customer or an adult residing at the customer's premises by
telephone, a personal visit to the customer's premises or by first class
mail, informing the customer that:
(i) the customer's account is in arrears and the customer's service is
subject to termination for nonpayment of a bill;
(ii) the customer can avoid disconnection of service by entering into
a deferred payment agreement to pay past due amounts over a period not to
extend beyond the following November and the customer has the option to
enter into a levelized payment plan for the payment of future bills;
(iii) the customer may apply for any available assistance to aid in the
payment of utility bills from any governmental or private agencies from
the list of such agencies provided to the customer by the utility.
Provided, however, that a public utility shall be required to make only
one such contact with the customer during any such period from December
1 through and including March 31 of the immediately succeeding calendar year.
(2) Each public utility shall maintain records which shall include, but
not necessarily be limited to, the manner by which the customer was notified
and the time, date and manner by which any prior but unsuccessful attempts
to contact were made. These records shall also describe the terms of the
deferred payment arrangements offered to the customer and those entered
into by the utility and customers. These records shall indicate the total
amount past due, the down payment, the amount remaining to be paid and the
number of months allowed to pay the outstanding balance. No public utility
shall be required to retain records pertaining to unsuccessful attempts to
contact or deferred payment arrangements rejected by the customer after such
customer has entered into a deferred payment arrangement with such utility.
(c) No public utility shall disconnect service for nonpayment of a bill
until the lapse of 6 business days after making the notification required by
paragraph (1) of subsection (b) so as to allow the customer an opportunity to:
(1) Enter into a deferred payment arrangement and the option to enter
into a levelized payment plan for the payment of future bills.
(2) Contact a governmental or private agency that may provide assistance
to customers for the payment of public utility bills.
(d) Any residential customer who enters into a deferred payment arrangement
pursuant to this Act, and subsequently during that period of time set forth
in subsection (a) becomes subject to termination, shall be given notice
as required by law and any rule or regulation of the Commission prior to
termination of service.
(e) During that time period set forth in subsection (a), a utility shall
not require a down payment for a deposit from a residential customer in
excess of 20% of the total deposit requested. An additional 4 months shall
be allowed to pay the remainder of the deposit. This provision shall not
apply to mastermetered apartment buildings or other nonresidential customers.
(f) During that period of time set forth in subsection (a), no utility
may refuse to offer a deferred payment agreement to a residential customer
who has defaulted on such an agreement within the past 12 months. However,
no utility shall be required to enter into more than one deferred payment
arrangement under this Section with any residential customer or
mastermetered apartment building during the period from December 1 through
and including March 31 of the immediately succeeding calendar year.
(g) In order to enable customers to take advantage of energy assistance
programs, customers who can demonstrate that their applications for a local,
state or federal energy assistance program have been approved may request
that the amount they will be entitled to receive as a regular energy assistance
payment be deducted and set aside from the amount past due on which they
make deferred payment arrangements. Payment on the set‑aside amount shall
be credited when the energy assistance voucher or check is received, according
to the utility's common business practice.
(h) In no event shall any utility send a final notice to any customer
who has entered into a current deferred payment agreement and has not defaulted
on that deferred payment agreement, unless the final notice pertains to
a deposit request.
(i) Each utility shall include with each disconnection notice sent during
the period for December 1 through and including March 31 of the immediately
succeeding calendar year to a residential customer an insert explaining the
above provisions and providing a telephone number of the utility company
which the consumer may call to receive further information.
(j) Each utility shall file with the Commission prior to December 1 of
each year a plan detailing the implementation of this Section. This plan
shall contain, but not be limited to:
(1) a description of the methods to be used to notify residential customers
as required in this Section, including the forms of written and oral notices
which shall be required to include all the information contained in subsection
(b) of this Section.
(2) a listing of the names, addresses and telephone numbers of governmental
and private agencies which may provide assistance to residential customers
in paying their utility bills;
(3) the program of employee education and information which shall be used
by the company in the implementation of this Section.
(4) a description of methods to be utilized to inform residential customers
of those governmental and private agencies and current and planned methods
of cooperation with those agencies to identify the customers who qualify
for assistance in paying their utility bills.
A utility which has a plan on file with the Commission need not resubmit
a new plan each year. However, any alteration of the plan on file must
be submitted and approved prior to December 1 of any year.
All plans are subject to review and approval by the Commission. The
Commission may direct a utility to alter its plan to comply with the
requirements of this Section.
(k) Notwithstanding any other provision of this Act, no
electric or gas public utility shall disconnect service to any residential
customer who is a participant under Section 6 of the Energy
Assistance Act of 1989 for nonpayment of a bill or
deposit where gas or electricity is used as the primary source of space
heating or is used to control or operate the primary source of space heating
equipment at the premises during the period of time from December 1 through
and including March 31 of the immediately succeeding calendar year.
(Source: P.A. 93‑289, eff. 7‑22‑03.)
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(220 ILCS 5/8‑207) (from Ch. 111 2/3, par. 8‑207)
Sec. 8‑207.
Any former residential customer whose gas or electric
service was used to provide or control the primary source of space heating
in the dwelling and whose service is disconnected for nonpayment of a bill or
a deposit from December 1 of the prior winter's heating season through April
1 of the current heating season shall be eligible for reconnection and a
deferred payment arrangement under the provisions of this Section, subject
to the following limitations:
A utility shall not be required to reconnect service to, and enter
into a deferred payment arrangement with, a former customer under the
provisions of this Section (1) except between November 1 and April 1 of the
current heating season for former customers who do not have applications
pending for the program described in Section 6 of the Energy Assistance Act, and except between October 1 and April 1 of the current heating
season for all former customers who do have applications pending for the
program described in Section 6 of the Energy Assistance Act and who
provide proof of application to the utility, (2) in 2 consecutive years,
(3) unless that former customer has paid at least 33 1/3% of the amount
billed for utility service rendered by that utility subsequent to December
1 of the prior year, or (4) in any instance where the utility can show
there has been tampering with the utility's wires, pipes, meters (including
locking devices), or other service equipment and further shows that the
former customer enjoyed the benefit of utility service obtained in the
aforesaid manner.
The terms and conditions of any deferred payment arrangements established
by the utility and a former customer shall take into consideration the
following factors, based upon information available from current utility
records or provided by the former customer:
(1) the amount past due;
(2) the former customer's ability to pay;
(3) the former customer's payment history;
(4) the reasons for the accumulation of the past due | ||
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(5) any other relevant factors relating to the | ||
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After the former customer's eligibility has been established in accordance
with the first paragraph of this Section and, upon the establishment of
a deferred payment agreement, the former customer shall pay 1/3 of the amount
past due (including reconnecting charge, if any) and 1/3 of any deposit
required by the utility.
Upon the payment of 1/3 of the amount past due and 1/3 of any deposit
required by the utility, the former customer's service shall be reconnected
as soon as possible. The company and the former customer shall agree to a
payment schedule for the remaining balances which will reasonably allow the
former customer to make the payments on the remainder of the deposit and
the past due balance while paying current bills during the winter heating
season. However, the utility is not obliged to make payment arrangements
extending beyond the following November. The utility shall allow the
former customer a minimum of 4 months in which to retire the past due
balance and 3 months in which to pay the remainder of the deposit. The
former customer shall also be informed that payment on the amounts past due
and the deposit, if any, plus the current bills must be paid by the due
date or the customer may face termination of service pursuant to this
Section and Section 8‑206.
The Commission shall develop rules to govern the reconnection of a former
customer who demonstrates a financial inability to meet the requirement of
1/3 of the amount past due and 1/3 of any deposit requested by the utility.
The Commission's rules shall establish a means by which the former
customer's utility service may be reconnected through the payment of a
reasonable amount and upon entering into a deferred payment agreement.
Any payment agreement made shall be in writing, with a copy provided to
the former customer. The renegotiation and reinstatement of a customer
and the establishment of a budget payment plan shall be pursuant to rules
established by the Commission.
Not later than September 15 of each year, every gas and electric utility
shall conduct a survey of all former residential customers whose gas or
electric service was used to provide or control the primary source of space
heating in the dwelling and whose gas or electric service was terminated for
nonpayment of a bill or deposit from December 1 of the previous year to
September 15 of that year and where service at that premises has not been
restored. Not later than October 1 of each year the utility shall notify
each of these former customers that the gas or electric service will be
restored by the company for the coming heating season if the former
customer contacts the utility and makes arrangements with the utility
for reconnection of service under the conditions set forth in
this Section. A utility shall notify the former customer or an adult
member of the household by personal visit, telephone contact or mailing of
a letter by first class mail to the last known address of that former
customer. The utility shall keep records which would indicate the date,
form and the results of such contact.
Each gas and electric utility which has former customers affected by this
Section shall file reports with the Commission providing such information
as the Commission may deem appropriate. The Commission shall notify each
gas and electric utility prior to August 1 of each year concerning the
information which is to be included in the report for that year.
In no event shall any actions taken by a utility in compliance with this
Section be deemed to abrogate or in any way interfere with the utility's
rights to pursue the normal collection processes otherwise available to it.
The Commission shall promulgate rules to implement this Section.
(Source: P.A. 92‑690, eff. 7‑18‑02.)
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(220 ILCS 5/8‑208)
Sec. 8‑208.
(a) The General Assembly finds that the availability of
adequate, affordable housing bears a close relationship to efficient and
reliable delivery of utility services and that the lack of affordable housing
exacerbates difficulties in the delivery of electric services. It is further
found that the meeting of electric public utility service obligations imposed
under this Act can be attained by allocating certain resources to alleviating
housing needs. It is declared to be the public policy of this State that
prudent investments in or contributions to projects that foster the
availability of adequate, affordable housing furthers the goals and objectives
of this Act.
(b) Beginning in calendar year 1994 and continuing through calendar year
2014, a public utility providing electric service to more than 1,000,000
customers in this State shall contribute, from retained earnings, each year
$500,000 to the Illinois Affordable Housing Trust Fund created by the Illinois
Affordable Housing Act.
(Source: P.A. 88‑83; 88‑653, eff. 1‑1‑95.)
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(220 ILCS 5/8‑301) (from Ch. 111 2/3, par. 8‑301)
Sec. 8‑301.
The Commission shall have power to ascertain, determine and fix
for each kind of public utility suitable and convenient standard commercial
units of service, product or commodity, which units shall be lawful units
for the purposes of this Act; to ascertain, determine and fix adequate and
serviceable standards for the measurements of quantity, quality, pressure,
initial voltage or other condition pertaining to the performing of its
service or to the furnishing of its product or commodity by any public
utility, and to prescribe reasonable regulations for examining, measuring
and testing such service, product or commodity, and to establish reasonable
rules, regulations, specifications and standards to secure the accuracy of
all meters and appliances for examining, measuring or testing such service,
product or commodity. The Commission may purchase such materials, apparatus
and standard measuring instruments as it deems necessary to carry out the
provisions of this Section.
The Commission shall provide for the inspection of the manner in which
every public utility conforms to the reasonable regulations prescribed by
the Commission for examining, measuring and testing its service, product or
commodity, and the Commission may supplement such inspections by examining,
measuring and testing the service, product or commodity of any public utility.
Any consumer or user may have tested any appliance
for examining, measuring or testing any such service, product or commodity
upon payment of the fees fixed by the Commission. The Commission shall
declare and establish reasonable fees to be paid for examining and testing
such appliances on the request of consumers or users, the fee to be paid by the
consumer or user at the time of his request, but to be repaid to the consumer
or user by the public utility if the measuring appliance be found unreasonably
defective or incorrect to the disadvantage of the consumer or user.
The Commission, its officers, agents, experts or inspectors and
employees shall have power to enter upon any premises occupied by any
public utility for the purpose of making the examinations and tests
provided in the Act, and set up and use on such premises, any apparatus and
appliances and occupy reasonable space therefor.
All fees collected by the Commission under this Section shall be paid
promptly after the receipt of the same, accompanied by a detailed statement
of the same, into the Public Utility Fund in the State treasury.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑302) (from Ch. 111 2/3, par. 8‑302)
Sec. 8‑302.
The Commission shall require that every public utility
furnishing natural or artificial gas, electricity or water to the public,
where the individual consumption is measured by meter, shall, upon written
request of any consumer, cause the meter reader at the time of reading such
consumer's meter to leave at such meter a card showing the present reading
of the meter, the last previous reading, and the dates of such two readings.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑303) (from Ch. 111 2/3, par. 8‑303)
Sec. 8‑303.
Where, within 30 days of receipt of a utility bill, a
customer alleges that the level of consumption reflected in his utility
bill is unreasonably high, it shall be the responsibility of the public
utility furnishing natural or artificial gas, electricity or water to that
customer to investigate the allegation. If as a result of such an
investigation, the public utility determines that the customer's line has
been tapped, the utility shall attempt to ascertain the identity of the
third party benefiting from the usage of the utility service or for
payment for all or part of the disputed charges. If the utility determines
that the landlord of the building or his agent is the party who benefited
from the usage of the utility service, either the utility or the customer
may petition the court for the appointment of receiver to collect the rents
due and to remit a portion to the utility company for payment of bills for
the tapped service, for current bills and for any expenses incurred by the
utility as a result of the tap. The receiver shall make all reasonable
efforts, including the obtaining of court orders, to provide to the utility
access to the building. Any changes in the building's piping which are
necessitated by the tap shall be at the expense of the person benefiting
from the tap.
If the utility determines that the landlord of the building is not the
party who benefited from the usage of the utility service, the customer
shall be so notified and shall also be informed by the utility of a right
to register a dispute pursuant to procedures developed by the Commission
for resolution of disputed bills, including his right to bring a complaint
before the Commission if an agreement with the utility cannot be reached.
In order to enable the customer to ascertain whether the level
of consumption is greater than the amounts billed in
other billing periods and to eliminate to the fullest extent
practicable consecutive estimated bills, the public utility shall make an
actual meter reading at least every second billing
period. If a meter reader is unable to gain access to the meter for the
purpose of making an actual reading, the public utility shall take other
appropriate and reasonable measures to read the meter.
Nothing in this Section shall preclude either the customer or the public
utility from filing a complaint with the State's Attorney located in the
county where the utility service is being rendered to allege an unlawful
theft of the customer's utility service.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑304) (from Ch. 111 2/3, par. 8‑304)
Sec. 8‑304.
The Commission shall conduct a comprehensive study of the
estimated billing practices and policies of each major public utility
providing gas or electric service. The study shall include, but not be limited to:
(a) an analysis of the extent to which estimated billing has occurred in
each of the past 10 years and the extent to which it currently occurs and is
expected to occur in the foreseeable future. Such analysis shall, to the
fullest extent possible, include an examination of the circumstances in
which estimated billing most frequently occurs, by time of year,
geographical location, and customer class or group. Such analysis shall
also specifically identify the frequency of consecutively estimated bills;
(b) an analysis of the reasons for estimated billing in general, the
reasons for any change over time in the frequency of estimated billing, and
the reason for any higher than average frequency of estimated billing
during certain times of year, in certain geographical areas, or for
particular customer classes or groups;
(c) an analysis of the method used to establish the amount of an
estimated bill and the extent to which such method reflects changes in
usage due to weather and customer conservation efforts;
(d) an analysis of the extent to which the method used to establish the
amount of an estimated bill accurately approximates actual usage and the
extent to which estimated bills differ from actual usage and bills;
(e) an analysis of the extent to which the frequency of estimated
billing and any inaccuracies resulting from the method of establishing the
amount of an estimated bill, including make‑up billing, contribute to
customers' unwillingness or inability to pay utility bills and the utility's
inability to collect actual amounts due and owing;
(f) identification of any and all means currently used to minimize the
frequency of estimated bills and any inaccuracies in estimation methods,
and a critical assessment of the adequacy and effectiveness of such means;
(g) identification of any incentives which exist and which tend to
encourage or discourage the use of estimated billing by utilities;
(h) identification and critical assessment of all alternative incentives
and means by which the frequency of estimated billing and the inaccuracies
of estimation
procedures can be minimized, and estimation procedures improved, giving
consideration to the cost to the utilities, including, but not limited to,
(i) requiring the use of outside meters;
(ii) requiring utilities to read meters monthly;
(iii) requiring utilities to pay interest on the difference between an
estimated bill and the actual amount due, where the customer pays the
estimated bill, and the estimated bill exceeds the actual amount due for
such period of time.
The completed study shall be subject to hearing and comment. Thereafter,
the Commission shall initiate rulemaking proceedings to promulgate such
rules as it believes reasonable and necessary to ensure the minimization of
the frequency of estimated billing and the increased accuracy of estimation
procedures. The study shall also be provided to the General Assembly
together with any specific recommendations for legislation which the
Commission believes necessary or beneficial.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑305)
Sec. 8‑305.
Braille billing statements.
Upon the request of a customer, a
public utility that serves at least 50,000 customers shall furnish billing
statements in braille.
(Source: P.A. 88‑497.)
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(3) The customer's water service is terminated. (4) The customer wishes to complain after receiving | ||
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(5) The customer is unable to make payment on a | ||
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(6) A rate is filed, including without limitation a | ||
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(7) The customer is billed for services provided | ||
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(8) The customer is due to receive a credit. Each billing statement issued by a water or sewer utility shall include an Internet web site address where the customer can view the information required under this subsection (a) and a telephone number that the customer may call to request a copy of the information.
(b) A water or sewer utility may discontinue service only after it has mailed or delivered by other means a written notice of discontinuance substantially in the form of Appendix A of 83 Ill. Adm. Code 280. The notice must include the Internet web site address where the customer can view the information required under subsection (a) and a telephone number that the customer may call to request a copy of the information. Any notice required to be delivered or mailed to a customer prior to discontinuance of service shall be delivered or mailed separately from any bill. Service shall not be discontinued until at least 5 days after delivery or 8 days after the mailing of this notice. Service shall not be discontinued and shall be restored if discontinued for the reason which is the subject of a dispute or complaint during the pendency of informal or formal complaint procedures of the Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or 280.170, where the customer has complied with those rules. Service shall not be discontinued and shall be restored if discontinued where a customer has established a deferred payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has not defaulted on such agreement. Residential customers who are indebted to a utility for past due utility service shall have the opportunity to make arrangements with the utility to retire the debt by periodic payments, referred to as a deferred payment agreement, unless this customer has failed to make payment under such a plan during the past 12 months. The terms and conditions of a reasonable deferred payment agreement shall be determined by the utility after consideration of the following factors, based upon information available from current utility records or provided by the customer or applicant: (1) size of the past due account; (2) customer or applicant's ability to pay; (3) customer or applicant's payment history; (4) reason for the outstanding indebtedness; | ||
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(5) any other relevant factors relating to | ||
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A residential customer shall pay a maximum of one‑fourth of the amount past due and owing at the time of entering into the deferred payment agreement, and the water or sewer utility shall allow a minimum of 2 months from the date of the agreement and a maximum of 12 months for payment to be made under a deferred payment agreement. Late payment charges may be assessed against the amount owing that is the subject of a deferred payment agreement. (c) A water or sewer utility shall provide notice as required by subsection (a) of Section 9‑201 after the filing of each information sheet under a purchased water surcharge, purchased sewage treatment surcharge, or qualifying infrastructure plant surcharge. The utility also shall post notice of the filing in accordance with the requirements of 83 Ill. Adm. Code 255. Unless filed as part of a general rate increase, notice of the filing of a purchased water surcharge rider, purchased sewage treatment surcharge rider, or qualifying infrastructure plant surcharge rider also shall be given in the manner required by this subsection (c) for the filing of information sheets. (d) Commission rules pertaining to formal and informal complaints against public utilities shall apply with full and equal force to water and sewer utilities and their customers, including provisions of 83 Ill. Adm. Code 280.170, and the Commission shall respond to each complaint by providing the consumer with a copy of the utility's response to the complaint and a copy of the Commission's review of the complaint and its findings. The Commission shall also provide the consumer with all available options for recourse. (e) Any refund shown on the billing statement of a customer of a water or sewer utility must be itemized and must state if the refund is an adjustment or credit. (f) Water service for building construction purposes. At the request of any municipality or township within the service area of a public utility that provides water service to customers within the municipality or township, a public utility must (1) require all water service used for building construction purposes to be measured by meter and subject to approved rates and charges for metered water service and (2) prohibit the unauthorized use of water taken from hydrants or service lines installed at construction sites. (g) Water meters. (1) Periodic testing. Unless otherwise approved by | ||
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(2) Meter tests requested by customer. (A) Each utility furnishing metered water | ||
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(B) When a meter that has been in service less | ||
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(3) Commission referee tests. Upon written | ||
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(h) Water and sewer utilities; low usage. Each public utility that provides water and sewer service must establish a unit sewer rate, subject to review by the Commission, that applies only to those customers who use less than 1,000 gallons of water in any billing period. (i) Water and sewer utilities; separate meters. Each public utility that provides water and sewer service must offer separate rates for water and sewer service to any commercial or residential customer who uses separate meters to measure each of those services. In order for the separate rate to apply, a combination of meters must be used to measure the amount of water that reaches the sewer system and the amount of water that does not reach the sewer system. (j) Each water or sewer public utility must disclose on each billing statement any amount billed that is for service provided prior to the date covered by the billing statement. The disclosure must include the dates for which the prior service is being billed. Each billing statement that includes an amount billed for service provided prior to the date covered by the billing statement must disclose the dates for which that amount is billed and must include a copy of the document created under subsection (a) and a statement of current Commission rules concerning unbilled or misbilled service. (k) When the customer is due a refund resulting from payment of an overcharge, the utility shall credit the customer in the amount of overpayment with interest from the date of overpayment by the customer. The rate for interest shall be at the appropriate rate determined by the Commission under 83 Ill. Adm. Code 280.70. (l) Water and sewer public utilities; subcontractors. The Commission shall adopt rules for water and sewer public utilities to provide notice to the customers of the proper kind of identification that a subcontractor must present to the customer, to prohibit a subcontractor from soliciting or receiving payment of any kind for any service provided by the water or sewer public utility or the subcontractor, and to establish sanctions for violations. (m) Water and sewer public utilities; unaccounted‑for water. By December 31, 2006, each water public utility shall file tariffs with the Commission to establish the maximum percentage of unaccounted‑for water that would be considered in the determination of any rates or surcharges. The rates or surcharges approved for a water public utility shall not include charges for unaccounted‑for water in excess of this maximum percentage without well‑documented support and justification for the Commission to consider in any request to recover charges in excess of the tariffed maximum percentage. (n) Rate increases; public forums. When any public utility providing water or sewer service proposes a general rate increase, in addition to other notice requirements, the water or sewer public utility must notify its customers of their right to request a public forum. A customer or group of customers must make written request to the Commission for a public forum and must also provide written notification of the request to the customer's municipal or, for unincorporated areas, township government. The Commission, at its discretion, may schedule the public forum. If it is determined that public forums are required for multiple municipalities or townships, the Commission shall schedule these public forums, in locations within approximately 45 minutes drive time of the municipalities or townships for which the public forums have been scheduled. The public utility must provide advance notice of 30 days for each public forum to the governing bodies of those units of local government affected by the increase. The day of each public forum shall be selected so as to encourage the greatest public participation. Each public forum will begin at 7:00 p.m. Reports and comments made during or as a result of each public forum must be made available to the hearing officials and reviewed when drafting a recommended or tentative decision, finding or order pursuant to Section 10‑111 of this Act.
(Source: P.A. 94‑950, eff. 6‑27‑06.) |
(220 ILCS 5/8‑401) (from Ch. 111 2/3, par. 8‑401)
Sec. 8‑401.
Every public utility subject to this Act shall provide
service and facilities which are in all respects adequate, efficient,
reliable and environmentally safe and which, consistent with these
obligations, constitute the least‑cost means of meeting the utility's service obligations.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑402) (from Ch. 111 2/3, par. 8‑402)
Sec. 8‑402.
(Repealed).
(Source: P.A. 89‑445, eff. 2‑7‑96. Repealed by P.A. 90‑561, eff.
12‑16‑97.)
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(220 ILCS 5/8‑402.1) (from Ch. 111 2/3, par. 8‑402.1)
Sec. 8‑402.1.
(Repealed).
(Source: P.A. 87‑173. Repealed by P.A. 90‑561, eff. 12‑16‑97.)
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(220 ILCS 5/8‑403) (from Ch. 111 2/3, par. 8‑403)
Sec. 8‑403.
The Commission shall design and implement policies which
encourage the economical utilization of cogeneration and small power
production, as these terms are defined in Section 3‑105, paragraph 7,
including specifically, but not limited to, the cogeneration or production
of heat, steam or electricity by municipal corporations or any other
political subdivision of this State. No public utility shall discriminate
in any way with respect to the conditions or price for provision of
maintenance power, standby power and supplementary power as these terms are
defined by current Commission rules, or for any other service. The prices
charged by a utility for
maintenance power, standby power, supplementary power and all other such
services shall be cost‑based and just and reasonable.
The Commission shall conduct a study of procedures and policies to
encourage the full and economical utilization of cogeneration and small
power production including, but not limited to, (1) requiring utilities to
pay full avoided costs, including long‑term avoided capacity costs to
cogenerators and small power producers and (2) requiring
utilities to make available upon request of the State or a unit of
local government, transmission and distribution services to transmit
electrical energy produced by cogeneration or small power production
facilities located in any structure or on any real property of the State or
unit of local government to other locations of this State or a unit of
local government. The Commission shall report on this study, with
recommendation for legislative consideration, to the General Assembly by
March 1, 1986.
(Source: P.A. 84‑1118.)
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(2) determine all reporting requirements for the | ||
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(3) require that the qualified solid waste energy | ||
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A public utility that is required to enter into a | ||
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(f) This Section does not require an electric utility to construct
additional facilities unless those facilities are paid for by the owner or
operator of the affected qualified solid waste energy facility.
(g) The Illinois Commerce Commission shall require that: (1) electric
utilities use the electricity purchased from a qualified solid waste
energy facility to displace electricity generated from nuclear power or
coal mined and purchased outside the boundaries of the State of Illinois
before displacing electricity generated from coal mined and purchased
within the State of Illinois, to the extent possible, and (2) electric
utilities report annually to the Commission on the extent of such
displacements.
(h) Nothing in this Section is intended to cause an electric utility
that is required to purchase power hereunder to incur any economic loss as
a result of its purchase. All amounts paid for power which a utility is
required to purchase pursuant to subparagraph (c) shall be deemed to be
costs prudently incurred for purposes of computing charges under rates
authorized by Section 9‑220 of this Act. Tax credits provided for herein
shall be reflected in charges made pursuant to rates so authorized to the
extent such credits are based upon a cost which is also reflected in such
charges.
(i) Beginning in February 1999 and through January 2009, each qualified
solid waste energy facility that sells electricity to an electric utility at
the purchase rate described in subsection (c) shall file with the Department
of Revenue on or before the 15th of each month a form, prescribed by the
Department of Revenue, that states the number of kilowatt hours of electricity
for which payment was received at that purchase rate from electric utilities
in Illinois during the immediately
preceding month. This form shall be accompanied by a payment from the
qualified solid waste energy facility in an amount equal to six‑tenths of a
mill ($0.0006) per kilowatt hour of electricity stated on the form. Beginning
on the effective date of this amendatory Act of the 92nd General
Assembly, a qualified solid waste energy facility must file the form required
under this subsection (i) before the 15th of each month regardless of whether
the facility received any payment in the previous month. Payments received by
the Department of Revenue shall be deposited into the Municipal Economic
Development Fund, a trust fund created outside the State treasury.
The State Treasurer may invest the moneys in the Fund in any investment
authorized by the Public Funds Investment Act, and investment income shall be
deposited into and become part of the Fund. Moneys in the Fund shall be used
by the State Treasurer as provided in subsection (j). Beginning on July 1, 2006 through January 31, 2009, each month the State Treasurer shall certify the following to the State Comptroller: (A) the amount received by the Department of Revenue | ||
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(B) the amount received by the Department of Revenue | ||
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As soon as practicable after receiving the certification from | ||
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The obligation of a
qualified solid waste energy facility to make payments into the Municipal
Economic Development Fund shall terminate upon either: (1) expiration or
termination of a facility's contract to sell electricity to an electric
utility at the purchase rate described in subsection (c); or (2) entry
of an enforceable, final, and non‑appealable order by a court of competent
jurisdiction that Public Act 89‑448 is invalid. Payments by a
qualified solid waste energy facility into the Municipal Economic Development
Fund do not relieve the qualified solid waste energy facility of its
obligation to reimburse the Public Utility Fund and the General Revenue Fund
for the actual reduction in payments
to those Funds as a result of credits received by electric utilities under
subsection (d).
A qualified solid waste energy facility that fails to timely file the
requisite form and payment as required by this subsection (i) shall be subject
to penalties and interest in conformance with the provisions of the Illinois
Uniform Penalty and Interest Act.
Every qualified solid waste energy facility subject to the provisions of this
subsection (i) shall keep and maintain records and books of its sales pursuant
to subsection (c), including payments received from those sales and the
corresponding tax payments made in accordance with this subsection (i), and for
purposes of enforcement of this subsection (i) all such books and records shall
be subject to inspection by the Department of Revenue or its duly authorized
agents or employees.
When a qualified solid waste energy facility fails to file the form or make
the payment required under this subsection (i), the Department of Revenue, to
the extent that it is practical, may enforce the payment obligation in a manner
consistent with Section 5 of the Retailers' Occupation Tax Act, and if
necessary may impose and enforce a tax lien in a manner consistent with
Sections 5a, 5b, 5c, 5d, 5e, 5f,
5g, and 5i of the Retailers' Occupation Tax Act. No tax lien may be imposed
or enforced, however, unless a qualified solid waste energy facility fails to
make the payment required under this subsection (i). Only to the extent
necessary and for the purpose of enforcing this subsection (i), the Department
of Revenue may secure necessary information from a qualified solid waste energy
facility in a manner consistent with Section 10 of
the Retailers' Occupation Tax Act.
All information received by the Department of Revenue in its administration
and enforcement of this subsection (i) shall be confidential in a manner
consistent with Section 11 of the Retailers' Occupation Tax Act. The
Department of Revenue may adopt rules to implement the provisions of this
subsection (i).
For purposes of implementing the maximum aggregate distribution provisions in
subsections (j) and (k), when a qualified solid waste energy facility makes a
late payment to the Department of Revenue for deposit into the Municipal
Economic Development Fund, that payment and deposit shall be attributed to the
month and corresponding quarter in which the payment should have been made, and
the Treasurer shall make retroactive distributions or refunds, as the case may
be, whenever such late payments so require.
(j) The State Treasurer, without appropriation, must make distributions
immediately after January 15, April 15, July 15, and October 15 of each
year, up to maximum aggregate distributions of $500,000 for the distributions
made in the 4 quarters beginning with the April distribution and ending with
the January distribution,
from the Municipal Economic Development Fund to each city, village, or
incorporated town that has within its boundaries an incinerator
that: (1) uses
or, on the effective date of Public Act 90‑813, used
municipal waste as its primary fuel to generate electricity;
(2) was determined by the Illinois Commerce Commission to qualify as a
qualified solid
waste energy facility prior to the effective date of Public Act 89‑448; and (3)
commenced operation prior to January 1, 1998. Total distributions in the
aggregate to all qualified cities, villages, and incorporated towns in the 4
quarters beginning with the April distribution and ending with the January
distribution shall not exceed $500,000. The amount
of each distribution shall be determined pro rata based on the population of
the city, village, or incorporated town compared to the total population of all
cities, villages, and incorporated towns eligible to receive a distribution.
Distributions received by a city, village, or incorporated town must be held in
a separate account and may
be used only to promote and enhance industrial, commercial, residential,
service, transportation, and recreational activities and facilities within its
boundaries, thereby enhancing the employment opportunities, public health and
general welfare, and
economic development within the community, including administrative
expenditures exclusively to further these activities. These
funds, however, shall not be used by the city, village, or incorporated town,
directly or
indirectly, to purchase, lease, operate, or in any way subsidize the operation
of any incinerator, and these funds shall not be paid, directly
or indirectly, by the city, village, or incorporated town to the owner,
operator, lessee, shareholder, or bondholder of any incinerator.
Moreover, these funds shall not be used to pay attorneys fees in any litigation
relating to the validity of Public Act 89‑448. Nothing in
this Section prevents a city, village, or incorporated town from using other
corporate funds for any legitimate purpose. For purposes of this subsection,
the term "municipal waste" has the meaning ascribed to it in Section 3.290 of the Environmental Protection Act.
(k) If maximum aggregate distributions of $500,000 under subsection (j)
have been made after the January distribution from the Municipal Economic
Development Fund, then the balance in the Fund shall be refunded to the
qualified
solid waste energy facilities that made payments that were deposited into the
Fund during the previous 12‑month period. The refunds shall be prorated based
upon the facility's payments in relation to total payments for that 12‑month
period.
(l) Beginning January 1, 2000, and each January 1 thereafter, each city,
village, or incorporated town that received distributions from the Municipal
Economic Development Fund, continued to hold any of those distributions, or
made expenditures from those distributions during the immediately preceding
year shall submit to
a financial and compliance and program audit of those distributions performed
by the Auditor General at no cost to the city, village, or incorporated town
that received the distributions. The audit should be completed by June 30 or
as soon thereafter as possible. The audit shall be submitted to the State
Treasurer and those officers enumerated in Section 3‑14 of the Illinois State
Auditing Act.
If the Auditor General finds that distributions have been expended in violation
of this Section, the Auditor General shall refer the matter to the Attorney
General. The Attorney General may recover, in a civil action, 3 times the
amount of any distributions illegally expended.
For purposes of this subsection, the terms "financial audit," "compliance
audit", and "program audit" have the meanings ascribed to them in Sections 1‑13
and 1‑15 of the Illinois State Auditing Act.
(m) On and after the effective date of this amendatory Act of the 94th General Assembly, beginning on the first date on which renewable energy certificates or other saleable representations are sold by a qualified solid waste energy facility, with or without the electricity generated by the facility, and utilized by an electric utility or another electric supplier to comply with a renewable energy portfolio standard mandated by Illinois law or mandated by order of the Illinois Commerce Commission, that qualified solid waste energy facility may not sell electricity pursuant to this Section and shall be exempt from the requirements of subsections (a) through (l) of this Section, except that it shall remain obligated for any reimbursements required under subsection (d) of this Section. All of the provisions of this Section shall remain in full force and effect with respect to any qualified solid waste energy facility that sold electric energy pursuant to this Section at any time before July 1, 2006 and that does not sell renewable energy certificates or other saleable representations to meet the requirements of a renewable energy portfolio standard mandated by Illinois law or mandated by order of the Illinois Commerce Commission. (n) Notwithstanding any other provision of law to the contrary, beginning on July 1, 2006, the Illinois Commerce Commission shall not issue any order determining that a facility is a qualified solid waste energy facility unless the qualified solid waste energy facility was determined by the Illinois Commerce Commission to be a qualified solid waste energy facility before July 1, 2006. As a guide to the intent,
interpretation, and application of this amendatory Act of the
94th General Assembly, it is hereby declared to be the policy
of this State to honor each qualified solid waste energy facility
contract in existence on the effective date of this amendatory Act of
the 94th General Assembly if the qualified solid waste energy
facility continues to meet the requirements of this Section for
the duration of its respective contract term.(Source: P.A. 94‑836, eff. 6‑6‑06.)
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(220 ILCS 5/8‑404) (from Ch. 111 2/3, par. 8‑404)
Sec. 8‑404.
(Repealed).
(Source: P.A. 87‑812. Repealed by P.A. 90‑561, eff. 12‑16‑97.)
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(220 ILCS 5/8‑405) (from Ch. 111 2/3, par. 8‑405)
Sec. 8‑405.
The Commission is authorized, to the extent consistent with
its energy supply planning responsibilities and the energy supply planning
objectives of this Act, to study strategic options for changing the
structure of energy services markets when (a) such study is authorized by a
vote of the full Commission; (b) the study findings are subject to full
public hearings and opportunity for comment; and (c) the study findings and
any findings from public hearings are fully reported to the General
Assembly together with any recommendations adopted by a vote of the
Commission concerning the need for legislative action.
Notwithstanding any provision to the contrary the Commission shall not
require or implement any system or means for the dispatch or brokering of
power from a central location unless and until such action is recommended,
after notice and hearing, by a majority vote of the entire Commission and
expressly authorized by the General Assembly upon consideration of the
Commission recommendation.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑405.1) (from Ch. 111 2/3, par. 8‑405.1)
Sec. 8‑405.1.
The Commission, in cooperation with the Department of Natural Resources, shall study the feasibility of wheeling
electricity in Illinois. Such study shall include, but not be limited to:
(a) the potential effect of wheeling on electrical rates for all electrical
customers;
(b) the effects of wheeling on rural electric cooperatives and
electrical suppliers in Illinois;
(c) the authority of the State to mandate wheeling;
(d) the impact on the obligation of public utilities to provide service
in their service areas.
The Commission shall report the findings of the study to the General
Assembly no later than January 1, 1988.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(220 ILCS 5/8‑406) (from Ch. 111 2/3, par. 8‑406)
Sec. 8‑406.
Certificate of public convenience and necessity.
(a) No public utility not owning any city or village
franchise nor engaged in performing any public service or in furnishing any
product or commodity within this State as of July 1, 1921 and not
possessing a certificate of
public convenience and necessity from the Illinois Commerce Commission,
the State Public Utilities Commission or
the Public Utilities Commission, at the time this amendatory Act of 1985 goes
into effect, shall transact any business in this State until it shall have
obtained a certificate from the Commission that public convenience and
necessity require the transaction of such business.
(b) No public utility shall begin the construction of any new plant,
equipment, property or facility which is not in substitution of any
existing plant, equipment, property or facility or any extension or
alteration thereof or in addition thereto,
unless and until it shall have obtained from the
Commission a certificate that public convenience and necessity require such
construction. Whenever after a hearing the Commission determines that any
new construction or the transaction of any business by a public utility will
promote the public convenience and is necessary thereto, it shall have the
power to issue certificates of public convenience and necessity. The
Commission shall determine that proposed construction will promote the
public convenience and necessity only if the utility demonstrates: (1) that the
proposed construction is necessary to provide adequate, reliable, and
efficient service to its customers and is the
least‑cost means of
satisfying the service needs of its customers;
(2) that the utility is capable of efficiently managing and
supervising the construction process and has taken sufficient action to
ensure adequate and efficient construction and supervision thereof; and (3)
that the utility is capable of financing the proposed construction without
significant adverse financial consequences for the utility or its
customers.
(c) After the effective date of this amendatory Act of 1987, no
construction shall commence on any new nuclear
power plant to be located within this State, and no certificate of public
convenience and necessity or other authorization shall be issued therefor
by the Commission, until the Director of the Illinois Environmental
Protection Agency finds that the United States Government, through its
authorized agency, has identified and approved a demonstrable technology or
means for the disposal of high level nuclear waste, or until such
construction has been specifically approved by a statute enacted by the General
Assembly.
As used in this Section, "high level nuclear waste" means those aqueous
wastes resulting from the operation of the first cycle of the solvent
extraction system or equivalent and the concentrated wastes of the
subsequent extraction cycles or equivalent in a facility for reprocessing
irradiated reactor fuel and shall include spent fuel assemblies prior to
fuel reprocessing.
(d) In making its determination, the Commission shall attach primary
weight to the cost or cost savings to the customers of the utility. The
Commission may consider any or all factors which will or may affect such
cost or cost savings.
(e) The Commission may issue a temporary certificate which shall remain
in force not to exceed one year in cases of emergency, to assure maintenance
of adequate service or to serve particular customers, without notice or
hearing, pending the determination of an application for a certificate, and
may by regulation exempt from the requirements of this Section temporary
acts or operations for which the issuance of a certificate will not be
required in the public interest.
A public utility shall not be required to obtain but may apply for and
obtain a certificate of public convenience and necessity pursuant to this
Section with respect to any matter as to which it has received the
authorization or order of the Commission under the Electric Supplier Act,
and any such authorization or order granted a public utility by the
Commission under that Act shall as between public utilities be deemed to
be, and shall have except as provided in that Act the same force and effect
as, a certificate of public convenience and necessity issued pursuant to this
Section.
No electric cooperative shall be made or shall become a party to or shall
be entitled to be heard or to otherwise appear or participate in any
proceeding initiated under this Section for authorization of power plant
construction and as to matters as to which a remedy is available under The
Electric Supplier Act.
(f) Such certificates may be altered or modified by the Commission, upon
its own motion or upon application by the person or corporation affected.
Unless exercised within a period of 2 years from the grant thereof
authority conferred by a certificate of convenience and necessity issued by
the Commission shall be null and void.
No certificate of public convenience and necessity shall be construed as
granting a monopoly or an exclusive privilege, immunity or franchise.
(Source: P.A. 90‑561, eff. 12‑16‑97.)
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(220 ILCS 5/8‑407) (from Ch. 111 2/3, par. 8‑407)
Sec. 8‑407.
(a) The Commission, after granting any certificate of
public convenience and necessity for the construction of a new electric
generating facility, shall reevaluate the propriety and necessity for the
certificate at least every 3 years and shall consider in the reevaluation
any and all changes in the forecasts and circumstances relied upon in its
initial decision to grant the certificate, including but not limited to, each
criterion that is outlined in this Section as a precondition for the granting
of a certificate and any changes in the energy plans for the utility and the
State.
(b) Whenever the Commission grants any certificate of public convenience
and necessity for the construction of a new electric generating facility,
the Commission shall design and establish all procedures necessary for it to
thoroughly and effectively evaluate, supervise, and monitor construction, and
shall thereafter take all steps necessary to assure that construction is
efficient and economical.
The Commission shall have the power to conduct a construction cost audit
at any time during construction, or to arrange for such an audit to be
conducted by persons independent of the utility and selected by the
Commission, whenever the Commission has cause to believe that such audit is
necessary, or likely to be beneficial, to the efficiency or economy of
construction. The cost of such an independent audit shall be borne
initially by the utility, but shall be recovered as an expense through
normal ratemaking procedures pursuant to this Act.
(c) The Commission shall have the power to withdraw or alter any
certificate of public convenience and necessity including any certificate
granted for the construction of a new electric generating facility or a
substantial alteration or addition to an existing generating facility where it
determines that:
(i) circumstances have changed so substantially that | ||
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(ii) the utility has failed to substantially comply | ||
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(Source: P.A. 87‑959.)
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(220 ILCS 5/8‑501) (from Ch. 111 2/3, par. 8‑501)
Sec. 8‑501.
Whenever the Commission, after a hearing had upon its own motion
or upon complaint, shall find that the rules, regulations, practices,
equipment, appliances, facilities or service of any public utility, or the
methods of manufacture, distribution, transmission, storage or supply
employed by it, are unjust, unreasonable, unsafe, improper, inadequate or
insufficient, the Commission shall determine the just, reasonable, safe,
proper, adequate or sufficient rules, regulations, practices, equipment,
appliances, facilities, service or methods to be observed, furnished,
constructed, enforced or employed and it shall fix the same by its order,
decision, rule or regulation. The Commission shall prescribe rules and
regulations for the performance of any service or the furnishing of any
commodity of the character furnished or supplied by any public utility.
Whenever the Commission shall determine, after a hearing, that the public
convenience and necessity requires that interconnection or extension of
intrastate gas distribution or transmission pipelines or facilities is
necessary to insure that natural gas service is made available to Illinois
natural gas customers at rates which are just and reasonable, the
Commission shall determine the interconnection or extension of pipelines or
facilities which is necessary to provide such service and shall direct that
such facilities be established, according to a schedule set by the Commission.
The Commission shall direct that any utility supplying natural gas for such
interconnection or extension of intrastate gas distribution or transmission
pipelines or facilities shall recover all costs and charges related to the
interconnection or extension from the utility receiving such gas at no
increased cost to the customers of any utility supplying the gas. The
Commission is directed to report to the General Assembly by September 20,
1984, detailing its findings and the steps which it has taken to provide
for such intrastate interconnections or extensions.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑501.5)
Sec. 8‑501.5.
Employees and independent contractors; background checks.
(a) Before hiring an employee or independent contractor to perform work
involving facilities used for the distribution of natural gas to customers,
a public utility shall, in accordance with Commission rules, require the
proposed employee or independent contractor to complete a certificate listing
the proposed employee's or contractor's violations of pertinent safety or
environmental laws.
(b) The Commission shall adopt rules establishing the requirements for
the certificates referred to in subsection (a).
(Source: P.A. 92‑71, eff. 7‑12‑01.)
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(220 ILCS 5/8‑502) (from Ch. 111 2/3, par. 8‑502)
Sec. 8‑502.
Whenever the Commission, after a hearing had upon its own motion
or upon complaint, shall find that public convenience and necessity require
the use by one public utility of the conduits, subways, wires,
poles, pipes or other property or equipment, or any part thereof, on, over
or under any street or highway, belonging to another public utility, and
that such use will not prevent the owner or other users thereof from
performing their public duties nor result in irreparable injury to such
owner or other users of such conduits, subways, wires, poles, pipes
or other property or equipment, or in any substantial detriment to the
service, and that such public utilities have failed to agree upon such use
or the terms and conditions or compensation for the same, the Commission
may, by order, direct that such use be permitted and prescribe a reasonable
compensation and reasonable terms and conditions for such joint use. If
such use be directed, the public utility to whom the use is permitted shall
be liable to the owner or other users of such conduits, subways,
wires, poles, pipes or other property or equipment, for such damage as may
result therefrom to the property of such owner or other users thereof.
(Source: P.A. 84‑1308.)
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(220 ILCS 5/8‑503) (from Ch. 111 2/3, par. 8‑503)
Sec. 8‑503.
Whenever the Commission, after a hearing, shall find that
additions, extensions, repairs or improvements to, or changes in, the
existing plant, equipment, apparatus, facilities or other physical property
of any public utility or of any 2 or more public utilities are
necessary
and ought reasonably to be made or that a new structure or structures is or
are necessary and should be erected, to promote the security or convenience
of its employees or the public, or in any other way to secure adequate
service or facilities, the Commission shall make and serve an order
authorizing or directing that such additions, extensions, repairs,
improvements or changes be made, or such structure or structures be erected
at the location, in the manner and within the time specified in said order;
provided, however, that the
Commission shall have no authority to order the construction,
addition or extension of any electric generating plant unless
the public utility requests a certificate for the construction
of the plant pursuant to Section 8‑406 and in conjunction with
such request also requests the entry of an order under this
Section.
If any additions, extensions, repairs, improvements or changes, or any new
structure or structures, which the Commission has authorized or ordered to
be erected, require joint action by 2 or more public utilities, the
Commission shall notify the said public utilities that such additions,
extensions, repairs, improvements or changes or new structure or structures
have been authorized or ordered and that the same shall be made at the
joint cost whereupon the said public utilities shall have such reasonable
time as the Commission may grant within which to agree upon the
apportionment or division of cost of such additions, extensions, repairs,
improvements or changes or new structure or structures, which each shall
bear. If at the expiration of such time such public utilities shall fail to
file with the Commission a statement that an agreement has been made for a
division or apportionment of the cost or expense of such additions,
extensions, repairs, improvements or changes, or new structure or
structures, the Commission shall have authority, after further hearing, to
make an order fixing the proportion of such cost or expense to be borne by
each public utility and the manner in which the same shall be paid or secured.
Nothing in this Act shall prevent the Commission, upon its own motion
or upon petition, from ordering, after a hearing, the extension, construction,
connection or interconnection of plant, equipment, pipe, line, facilities
or other physical property of a public utility in whatever configuration the
Commission finds necessary to ensure that natural gas is made available to
consumers at no increased cost to the customers of the utility supplying the gas.
Whenever the Commission finds, after a hearing, that the public convenience
or necessity requires it, the Commission may order public utilities subject
to its jurisdiction to work jointly (1) for the purpose of purchasing and
distributing natural gas or gas substitutes, provided it shall not increase
the cost of gas to the customers of the participating utilities, or (2) for
any other reasonable purpose.
(Source: P.A. 90‑561, eff. 12‑16‑97.)
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(220 ILCS 5/8‑504) (from Ch. 111 2/3, par. 8‑504)
Sec. 8‑504.
The Commission is authorized to make rules and regulations
concerning the conditions to be contained in and become a part of contracts
for public utility services, and any and all services concerning the same,
or connected therewith.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑505) (from Ch. 111 2/3, par. 8‑505)
Sec. 8‑505.
The Commission shall have power, after a hearing or without a
hearing as provided in this Section and upon
its own motion, or upon complaint, by general or special orders, rules
or regulations, or otherwise, to require every public utility to
maintain and operate its plant, equipment or other property in such
manner as to promote and safeguard the health and safety of its
employees, customers, and the public, and to this end to
prescribe, among other things, the installation, use, maintenance and
operation of appropriate safety or other devices or appliances, to establish
uniform or other standards of
equipment, and to require the performance of any other act which the
health or safety of its employees, customers or the public
may demand.
(Source: P.A. 84‑617; 84‑1025.)
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(220 ILCS 5/8‑505.1)
Sec. 8‑505.1.
Non‑emergency vegetation management activities.
(a) Except as provided in subsections (b), (c), and (d), in conducting
its non‑emergency vegetation management activities, an electric public utility
shall:
(1) Follow the most current tree care and | ||
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(2) Provide direct notice of vegetation management | ||
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(A) If the vegetation management activities will | ||
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(B) If the vegetation management activities will | ||
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(C) Affected customers shall be notified | ||
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(D) Affected property owners shall be notified | ||
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(E) Circuit maps or a description by common | ||
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(3) The electric public utility giving the direct | ||
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The Commission shall have sole authority to
investigate, issue,
and hear complaints against the utility under this subsection (a).
(b) A public utility shall not be required to comply with the requirements
of subsection (d) or of paragraphs (2) and (3) of
subsection (a) when it is taking
actions directly related to an emergency to restore reliable service after
interruptions of
service.
(c) A public utility shall not be required to comply with the requirements
of subsection (a) or (d) if there
is a franchise, contract, or written agreement between the public utility and
the municipality or county mandating specific vegetation management
practices. If the franchise, contract, or written agreement between the
public utility and the municipality or county establishes requirements for
notice to the municipality, county, customers, and property owners, those
notice requirements shall control over the notice requirements of paragraphs
(2) and (3) of subsection (a). If the franchise, contract, or written
agreement between the public utility and the municipality or county does not
establish notice
requirements, the notice requirements contained in paragraphs (2) and (3) of
subsection (a) shall control.
(d) If no franchise, contract, or written agreement
between a
utility
and a municipality mandates a specific vegetation management practice and the
municipality enacts
an ordinance establishing standards for non‑emergency vegetation management
practices that are contrary to the
standards
established by this
Section and the vegetation management activities of the electric public
utility cost substantially more, as a direct consequence,
then the electric public utility may, before vegetation management activities
begin, apply to the municipality for an agreement to pay the additional cost. When an application for an agreement is made to the
municipality, no vegetation management activities shall begin until the
municipality responds to the application by agreement or rejection or dispute
resolution proceedings are completed. The application shall be supported by a
detailed specification of the difference between the standards established by
this Section and the contrary standards established by the municipal
ordinances and by a good faith bid or proposal obtained from a utility
contractor or
contractors quantifying the additional cost for performing the specification.
When the municipality receives the specification and the utility contractor's
bid or proposal, the municipality shall agree, reject, or initiate dispute
resolution proceedings regarding the application within 90
days after the application's receipt. If the municipality does not act within
90
days or informs the utility that it will not agree, the electric public utility
may proceed and need not comply with the contrary ordinance standard. When
there is a dispute regarding (i) the accuracy of the specification, (ii)
whether there is a conflict with the standards established by this
Section, or (iii) any aspect of the bid or proposal process, the Illinois
Commerce Commission shall hear and resolve the disputed matter or matters, with
the electric public utility having the burden of proof. A municipality may
have a person trained in tree care and maintenance generally monitor and
discuss with the vegetation management supervisory personnel of the electric
public utility the
performance of the public utility's vegetation management activities without
any
claim for costs hereunder by the public utility arising therefrom.
The provisions of this Section shall not in any way diminish
or replace other civil or administrative remedies available to a customer or
class of customers or a property owner or class of property owners under
this Act. This Section does not alter the jurisdiction of the Illinois
Commerce Commission in any manner except to obligate the Commission to
investigate, issue, and hear complaints against an electric public utility
as
provided in subsection (a)(3) and to hear and resolve disputed matters brought
to it as provided in this subsection. Vegetation management activities by an
electric public utility shall not alter, trespass upon, or limit the rights of
any property owner.
(Source: P.A. 91‑902, eff. 7‑6‑00; 92‑214, eff. 8‑2‑01.)
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(220 ILCS 5/8‑505.5)
Sec. 8‑505.5.
Work on natural gas regulator or manometer.
The Commission
shall require, under such rules as it may prescribe, a public utility that is
performing work on a natural gas regulator or manometer containing mercury that
is used to provide natural gas service to test the immediate area around the
regulator or manometer for mercury before and after work is performed using
testing instruments of the type approved by the Commission. Copies of the
test results, if requested, shall be provided to the occupant or owner of the
property upon which the regulator or manometer is located at the time the work
is performed. The test results shall be available for inspection by the
Commission.
(Source: P.A. 92‑71, eff. 7‑12‑01.)
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(220 ILCS 5/8‑506) (from Ch. 111 2/3, par. 8‑506)
Sec. 8‑506.
Whenever the Commission, after a hearing had upon its own
motion or upon complaint, shall determine that public convenience and
necessity require a physical connection for the establishment of a
continuous line of communication between any 2 or more public utilities for
the conveyance of messages or conversations, the Commission may, by order,
require that such connection be made. If such public utilities do not agree
upon the division between them of the cost of such physical connection or
connections, the Commission shall have authority, after further hearing, to
establish such division by supplemental order.
(Source: P.A. 84‑617.)
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(220 ILCS 5/8‑507) (from Ch. 111 2/3, par. 8‑507)
Sec. 8‑507.
Every public utility shall file with the Commission, under
such rules and regulations as the Commission may prescribe, a report of every
accident occurring to or on its plant, equipment, or other property of such
a nature to endanger the safety, health or property of any person. Whenever
any accident occasions the loss of life or limb to any person, such public
utility shall immediately give notice to the Commission of the fact by the
speediest means of communication, whether telephone, telegraph or post.
The Commission
shall investigate all accidents occurring within this
State upon the property of any public utility or directly or indirectly
arising from or connected with its maintenance or operation, resulting in
loss of life or injury to person or property and requiring, in the judgment
of the Commission, investigation by it, and shall have the power to make
such order or recommendation with respect thereto as in its judgment may
seem just and reasonable. Neither the order or recommendation of the
Commission nor any accident report filed with the Commission shall be
admitted in evidence in any action for damages based on or arising out of
the loss of life, or injury to person or property, in this Section referred
to.
(Source: P.A. 84‑617; 84‑1025.)
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(220 ILCS 5/8‑508) (from Ch. 111 2/3, par. 8‑508)
Sec. 8‑508.
Except as provided in Section 12‑306, no public utility shall
abandon or discontinue any service or, in the case of an electric utility,
make any modification as herein defined, without first having secured the
approval of the Commission, except in case of assignment, transfer,
lease or sale of the whole or any part of its franchises, licenses,
permits, plant, equipment, business, or other property to any political
subdivision or municipal corporation of this State. In the case of the
assignment, transfer, lease or sale, in whole or in part, of any franchise,
license, permit, plant, equipment, business or other property to any
political subdivision or municipal corporation of this State, the public
utility shall notify the Commission of such transaction. "Modification" as
used in this Section means any change of fuel type which would result in an
annual net systemwide decreased use of 10% or more of coal mined in Illinois.
The Commission shall conduct public hearings on any request by a public
utility to make such modification and shall accept testimony from interested
parties qualified to provide evidence regarding the cost or cost savings
of the proposed modification as compared with the cost or cost savings of
alternative actions by the utility and shall consider the impact on employment
related to the production of coal in Illinois. Such hearings shall be commenced
no later than 30 days after the filing of the request by the public utility
and shall be concluded within 120 days from the date of filing. The Commission
must issue its final determination within 60 days of the conclusion of the
hearing. In making its determination the Commission shall attach primary
weight to the cost or cost savings to the customers of the utility. In
granting its approval, the Commission may impose such terms, conditions
or requirements as in its judgment are necessary to protect the public
interest. Provided, however, that any public utility abandoning or
discontinuing service in pursuance of authority granted by the
Commission shall be deemed to have waived any and all objections to the
terms, conditions or requirements imposed by the Commission in that
regard. Provided, further, that nothing in this Section shall be
construed to limit the right of a public utility to discontinue service
to individual patrons in accordance with the effective rules,
regulations, and practices of such public utility.
The Commission, after a hearing upon its own motion or upon petition
of any public utility, shall have power by order to authorize or require
any public utility to curtail or discontinue service to individual
customers or classes thereof, or for specific purposes or uses, and
otherwise to regulate the furnishing of service, provided that preference
for service shall be given to those customers serving essential human needs and
governmental agencies performing law enforcement functions, whenever and to the
extent such action is required by the convenience and necessity of the
public during time of war, invasion, insurrection or martial law, or by
reason of a catastrophe, emergency, or shortage of fuel, supplies or
equipment employed or service furnished by such public utility;
provided, however, that an interim order, effective for a period not
exceeding 15 days, may be made without a hearing if the circumstances do
not reasonably permit the holding of a hearing. Orders for the
curtailment or discontinuance of service pursuant to this paragraph
shall not be continued in effect for any period beyond that which is
reasonably necessary, shall be vacated by the Commission as soon as
public convenience and necessity permit, and shall include such
arrangements for substitute service in the interim as the Commission in its
judgment may impose. Every such order, during the
period it is in effect and for such further period, if any, as the
Commission may provide, shall have the effect of suspending the
operation of all prior orders or parts of orders of the Commission
inconsistent therewith. No public utility shall be held liable for any
damage resulting from any action taken, or any omission to act, pursuant
to or in compliance with any order under this paragraph for the
curtailment or discontinuance of service unless such order was procured
by the fraud of the public utility.
(Source: P.A. 87‑173.)
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(220 ILCS 5/8‑508.1) (from Ch. 111 2/3, par. 8‑508.1)
Sec. 8‑508.1.
(a) As used in this Section:
(1) "Decommissioning" means the series of activities undertaken at the
time a nuclear power plant is permanently retired from service to ensure
that the final entombment, decontamination, dismantlement, removal and
disposal of the plant, including the plant site, and of any radioactive
components and materials associated with the plant, is accomplished in
compliance with all applicable Illinois and federal laws, and to ensure
that such final disposition does not pose any threat to the public health
and safety.
(2) "Decommissioning costs" means all reasonable costs and expenses
incurred in connection with the entombment, decontamination, dismantlement,
removal and disposal of the structures, systems and components of a nuclear
power plant at the time of decommissioning, including all expenses to be
incurred in connection with the preparation for decommissioning, such as
engineering and other planning expenses, and to be incurred after the
actual decommissioning occurs, such as physical security and radiation
monitoring expenses, less proceeds of insurance, salvage or resale of
machinery, construction equipment or apparatus the cost of which was
charged as a decommissioning expense.
(3) "Decommissioning trust" or "trust" means a fiduciary account in a
bank or other financial institution established to hold the decommissioning
funds provided pursuant to subsection (b)(2) of this Section for the
eventual purpose of paying decommissioning costs, which shall be separate
from all other accounts and assets of the public utility establishing the trust.
(4) "Nuclear power plant" or "plant" means a nuclear fission thermal
power plant. Each unit of a multi‑unit site shall be considered a separate plant.
(b) By 90 days after the effective date of this amendatory Act of 1988,
or by the date that the unit satisfies the criteria used by the Internal
Revenue Service for determining when depreciation commences for federal
income tax purposes on a new generating unit, whichever is later, every
public utility that owns or operates, in whole or in part, a nuclear
power plant shall:
(1) establish 2 decommissioning trusts, which shall be a "tax qualified"
decommissioning trust and a "non‑tax qualified" decommissioning trust and
shall hold the decommissioning funds established by the public utility for
all nuclear power plants pursuant to subsection (b)(2) of this Section;
(2) establish 2 decommissioning funds for each such plant, each of which
shall be held for a plant as a separate account in a decommissioning trust; and
(3) designate an independent trustee, subject to the approval of the
Commission, to administer each of the decommissioning trusts.
(c) The 2 decommissioning trusts shall be known as the "tax qualified"
decommissioning trust and the "non‑tax qualified" decommissioning trust
respectively. Each trust shall be established and maintained as follows:
(1) The "tax qualified" trust shall be established and maintained in
accordance with Section 468A of the Internal Revenue Code of 1986 or any
successor thereto and shall be funded by the public utility for each such
power plant through annual payments by the public utility that shall not
exceed the maximum amount allowable as a deduction for federal income tax
purposes for the year for which the payments were made, in accordance with
Section 468A of the Internal Revenue Code of 1986 or any successor thereto.
(2) The "non‑tax qualified" decommissioning trust shall be funded by
the public utility for each such power plant through annual payments by the
public utility that shall consist of the difference between the total
amounts of decommissioning expenses collected after the effective date of
this amendatory Act of 1988 through rates and charges from the public
utility's customers as provided by the Commission minus the amounts
contributed to the "tax qualified" trust as provided by subsection (c)(1)
of this Section and deductible for federal income tax purposes in
accordance with Section 468A of the Internal Revenue Code of 1986 or any
successor thereto.
(3) The following restrictions shall apply in regard to administration
of each decommissioning trust:
(i) Distributions may be made from a nuclear decommissioning trust only
to satisfy the liabilities of the public utility for nuclear
decommissioning costs relating to the nuclear power plant for which the
decommissioning fund was established and to pay administrative costs,
income taxes and other incidental expenses of the trust.
(ii) Any assets in a nuclear decommissioning trust that exceed the
amount necessary to pay the nuclear decommissioning costs of the nuclear
power plant for which the decommissioning fund was established shall be
refunded to the public utility that established the fund for the purpose of
refunds or credits, as soon as practicable, to the utility's customers.
(iii) In the event a public utility sells or otherwise disposes of its
direct ownership interest, or any part thereof, in a nuclear power plant
with respect to which a nuclear decommissioning fund has been established,
the assets of the fund shall be distributed to the public utility to the
extent of the reductions in its liability for future decommissioning after
taking into account the liabilities of the public utility for future
decommissioning of such nuclear power plant and the liabilities that have
been assumed by another entity. The public utility shall, as soon as
practicable, provide refunds or credits to its customers representing the
full amount of the reductions in its liability for future decommissioning.
(iv) The trustee shall invest the "tax qualified" trust assets only in
secure assets that are prudent investments for assets held in trust and in
such a way as to attempt to maximize the after‑tax return on funds
invested, subject to the limitations specified in Section 468A of the
Internal Revenue Code of 1986 or any successor thereto.
(v) The trustee shall invest the "non‑tax qualified" trust assets only
in secure assets that are prudent investments for assets held in trust and
in such a way as to attempt to maximize the after‑tax return on funds
invested. However the trustee shall not invest any portion of the "non‑tax
qualified" trust's funds in the securities or assets of any operator of a
nuclear power plant.
(vi) The "non‑tax qualified" trust shall be subject to the prohibitions
against self‑dealing applicable to the "tax qualified" trust as specified
in Section 468A of the Internal Revenue Code of 1986, or any successor thereto.
(vii) All income earned by the trust's funds shall become a part of the
trust's funds and subject to the provisions of this Section.
(viii) The Commission may adopt by rule or regulation such further
restrictions as it deems necessary for the sound management of the trust's
funds, consistent with the purposes of this Section.
(d) By 90 days after the effective date of this amendatory Act of 1988,
the Commission shall determine an appropriate method to segregate, either
internally or externally, all decommissioning funds collected prior to the
effective date of this amendatory Act of 1988 by the utility from its
customers, and shall order any change in past decommissioning funding
methods that the Commission finds necessary. In making its determination
of the appropriate funding method, the Commission shall give consideration
to, but not be limited by, all applicable federal regulations. The change
in funding method shall be phased‑in over an appropriate period of time.
(e) The trustee of a trust shall report annually to the Commission, or
more frequently if ordered by the Commission. The report shall include:
(1) the trust's State and federal tax returns;
(2) a report on the trust's portfolio of investments and the return thereon;
(3) the date and amount of payments received by the trust from the public utility;
(4) a copy of all correspondence between the trust and the Internal Revenue Service; and
(5) any other information the Commission orders the trust to provide.
(f) A nuclear decommissioning trust established pursuant to this Section
shall be exempt from taxation in Illinois.
(Source: P.A. 85‑1400.)
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(220 ILCS 5/8‑509) (from Ch. 111 2/3, par. 8‑509)
Sec. 8‑509.
When necessary for the construction of any alterations,
additions, extensions or improvements ordered or authorized under Section
8‑503 or 12‑218 of this Act, any public utility may enter upon, take or
damage private property in the manner provided for by the law of eminent domain.
This Section applies to the exercise of eminent domain powers by
telephone companies or telecommunications carriers only when the facilities
to be constructed are intended to be used in whole or in part for providing
one or more intrastate telecommunications services classified as
"noncompetitive" under Section 13‑502 in a tariff filed by the condemnor.
The exercise of eminent domain powers by telephone companies or
telecommunications carriers in all other cases shall be governed solely by
"An Act relating to the powers, duties and property of telephone
companies", approved May 16, 1903, as now or hereafter amended.
(Source: P.A. 86‑221.)
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(220 ILCS 5/8‑510) (from Ch. 111 2/3, par. 8‑510)
Sec. 8‑510.
Land surveys.
For the purpose of making land surveys, any public utility
that has been granted a certificate of public convenience and necessity
by, or received an order under Section 8‑503 of this Act from, the
Commission may, 30 days after providing written notice to the
owner thereof by registered mail, enter upon the property of any owner who
has refused permission for entrance upon that property, but subject to
responsibility for all damages which may be inflicted thereby.
(Source: P.A. 90‑561, eff. 12‑16‑97.)
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