There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - 220 ILCS 5/ Public Utilities Act. Article IX - Rates
(220 ILCS 5/9‑101) (from Ch. 111 2/3, par. 9‑101)
Sec. 9‑101.
All rates or other charges made, demanded or received by any
product or commodity furnished or to be furnished or for any service rendered
or to be rendered shall be just and reasonable. Every unjust or unreasonable
charge made, demanded or received for such product or commodity or service
is hereby prohibited and declared unlawful. All rules and regulations made
by a public utility affecting or pertaining to its charges to the public
shall be just and reasonable.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑102) (from Ch. 111 2/3, par. 9‑102)
Sec. 9‑102.
Every public utility shall file with the Commission and shall
print and keep open to public inspection schedules showing all rates and
other charges, and classifications, which are in force at the time for any
product or commodity furnished or to be furnished by it, or for any service
performed by it, or for any service in connection therewith, or performed
by any public utility controlled or operated by it. Every public utility
shall file with and as a part of such schedule and shall state separately
all rules, regulations, storage or other charges,
privileges and contracts that in any manner affect the rates charged or to
be charged for any service. Such schedule shall be filed for all services
performed wholly or partly within this State, and the rates and other
charges and classifications shall not, without the consent of the
Commission, exceed those in effect on December 31, 1985. But nothing in this
section shall prevent the Commission from approving or fixing rates or
other charges or classifications from time to time, in excess of or less
than those shown by said schedules.
Where a schedule of joint rates or other charges, or classifications is
or may be in force between two or more public utilities such schedules
shall in like manner be printed and filed with the Commission, and so much
thereof as the Commission shall deem necessary for the use of the public
shall be filed in every office of such public utility in
accordance with the terms of Section 9‑103 of this Act. Unless otherwise
ordered by the Commission a schedule showing such joint rates or other
charges, or classifications need not be filed with the Commission by more
than one of the parties to it: Provided, that there is also filed with the
Commission a concurrence in such schedule by each of the other parties
thereto.
Every public utility shall file with the Commission copies of all
contracts, agreements or arrangements with other public utilities, in
relation to any service, product or commodity affected by the provisions of
this Act, to which it may be a party, and copies of all other contracts,
agreements or arrangements with any other person or corporation affecting
in the judgment of the Commission the cost to such public utility of any
service, product or commodity.
(Source: P.A. 84‑617; 84‑1025.)
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(220 ILCS 5/9‑102.1)
Sec. 9‑102.1.
Negotiated rates.
(a) Notwithstanding anything to the contrary in any other Section of Article
IX of this Act, the Commission may approve one or more rate schedules filed by
a public utility that enable the public utility to provide service to customers
under contracts that are treated as proprietary and confidential by the
Commission notwithstanding the filing thereof. Service under the contracts
shall be provided on such terms and for such rates or charges as the public
utility and the customer agree upon, without regard to any rate schedules the
public utility may have filed with the Commission under any other Section of
Article IX of this Act. The contracts shall be filed with the Commission,
notwithstanding anything to the contrary in any schedule referred to in
subsection (b) of this Section.
For purposes of
Section 3‑121 of this Act, the amounts collected under the contracts shall
be treated as having been collected under rates that the public utility is
required to file under Section 9‑102 of this Act.
(b) Each schedule described in subsection (a) that became effective before
August 25, 1995, and any contract thereunder, shall be deemed to have become
effective in accordance with its terms, subject to the provisions of any
Commission order that purported to authorize the schedule.
(c) In any determination of the rates to be charged by an electric public
utility having contracts in effect pursuant to schedules filed under this
Section or schedules referred to in subsection (b) of this Section, the
revenues
received, or to be received, by the electric public utility under each such
contract shall be deemed to be equal to the revenues, based on the actual usage
of the customer, that would have been, or would be, received under the lowest
rates available under schedules on file pursuant to Section 9‑201, applicable
to a class of consumers that includes the customer, including any applicable
riders or surcharges, plus any revenues that would have been, or would be
required to pay for investment or expenses incurred by the electric public
utility that would not be incurred if service were provided under such lowest
rates. The cost of capital used to determine rates to be charged by the
electric public utility shall be that which would have obtained if service were
provided under such lowest rates.
The provisions of this subsection (c) shall not apply: (1) in any
determination of the rates to be charged by a gas public utility, and (2) in
any determination of the rates to be charged by an electric public utility, to
contracts in effect prior to the effective date of this amendatory Act of 1996
pursuant
to economic development schedules referred to in Section 9‑241 of this Act,
under which the electric public utility is authorized to provide discounts for
new electrical sales that result from the location of new or expanded
industrial facilities in the electric public utility's service territory. The
preceding sentence shall not be construed to diminish the Commission's existing
authority as of the effective date of this amendatory Act of 1996 to allocate
the costs
of all public utilities equitably, in any determination of rates, so as to set
rates which are just and reasonable.
(d) Any contract filed pursuant to the provisions of subsection (a) of
this
Section
shall be accorded
proprietary and confidential treatment by the Commission and otherwise deemed
to be exempt from the requirements of Sections 9‑102, 9‑103, 9‑104, 9‑201,
9‑240, 9‑241, and 9‑243, except to the extent the Commission may, in its
discretion,
order otherwise. The Commission shall permit any statutory consumer protection
agency to have access to any such contract,
provided that: (i) the agency, and each individual that will
have access on behalf of the agency, agree in writing to keep such contract
confidential, such agreement to be in a form
established by the Commission; and (ii) access is limited to full‑time
employees
of the agency and such other persons as are acceptable to the public utility
or,
if the agency and the public utility are unable to agree, are determined to be
acceptable by the Commission. "Statutory consumer protection agency" means any
office, corporation, or other agency created by Article XI of this Act or any
other Illinois statute as of the effective date of this amendatory Act of 1996
that has an express statutory duty to represent the interest of public utility
customers, any such agency subsequently created by act of the General Assembly
that expressly authorizes
the agency to access the information described in this subsection, or the
Attorney General of the State of Illinois.
(e) Nothing in this Section shall be construed to give a public utility the
authority to provide electric or natural gas service to a customer the public
utility is not otherwise lawfully entitled to serve. Nothing in this Section
shall be construed to affect in any way the service rights of electric
suppliers as granted under the Electric Supplier Act.
(f) The provisions of subsection (b) of this Section 9‑102.1 are intended
to be severable from the remaining provisions of this Act; and therefore, no
determination of the validity of the provisions of subsection (b) shall affect
the validity of the remaining provisions of this Section 9‑102.1.
(g) After January 1, 2001, no contract for electric service may be entered
into under any schedule filed pursuant to the provisions of subsection (a) of
this Section or under any schedule referred to in subsection (b) of this
Section.
The foregoing provision shall not affect any contract entered into prior to
January 1, 2001.
(h) Nothing contained in this Section shall be construed as preventing any
customer or other appropriate party from filing a complaint or otherwise
requesting that the Commission investigate the reasonableness of the terms and
conditions of any schedule filed under this Section or referred to in
subsection
(b) of this Section. Nothing contained in this Section shall be construed as
affecting the right of any customer or public utility to enter into and enforce
any contract providing for the amounts to be charged for service where the
contract is or has been filed pursuant to any other Section of this Act.
Nothing contained in this Section shall be construed to limit any Commission
authority to authorize a public utility to engage in experimental programs
relating to competition, including direct access programs.
(Source: P.A. 89‑600, eff. 8‑2‑96.)
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(220 ILCS 5/9‑103) (from Ch. 111 2/3, par. 9‑103)
Sec. 9‑103.
Posting of rate schedules.
Subject to such rules and
regulations as the Commission may
prescribe, the schedules referred to in Section 9‑102 shall be posted or kept on file in every office of a public
utility where the public transacts business with such public utility. Any
or all of such schedules kept as aforesaid shall be immediately produced by
such public utility for inspection upon the demand of any person. A notice
printed in bold type, in size prescribed by the Commission, stating that
such schedules are on file with the agent and open to inspection by any
person, and that the agent will assist any person to determine from such
schedules any rates or other charges, classification, rules or regulations
in force, shall be kept posted by the public utility in two public and
conspicuous places in every such office. The form of every such
schedule shall be prescribed by the Commission: Provided, that in
lieu of filing the entire schedule in each office, any public
utility may, subject to the regulations of the Commission, file or keep
posted at such office, schedules of such rates or other charges,
classifications, rules and regulations relating thereto, as are applicable
at, to and from the place where such office is located.
The Commission may determine and prescribe the form in which the
schedules required by this Act to be filed with the Commission and to be
kept open to public inspection shall be prepared and arranged, and may
change the form from time to time if it shall be found expedient.
(Source: P.A. 91‑341, eff. 7‑29‑99.)
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(220 ILCS 5/9‑104) (from Ch. 111 2/3, par. 9‑104)
Sec. 9‑104.
No public utility shall undertake to perform any service or to
furnish any product or commodity unless or until the rates and other
charges and classifications, rules and regulations relating thereto,
applicable to such service, product or commodity, have been filed and
published in accordance with the provisions of this Act: Provided, that in
cases of emergency, a service, product or commodity not specifically
covered by the schedules filed, may be performed or furnished at a
reasonable rate, which rate shall forthwith be filed and shall be subject
to review in accordance with the provisions of this Act.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑201) (from Ch. 111 2/3, par. 9‑201)
Sec. 9‑201.
(a) Unless the Commission otherwise orders, and except as
otherwise provided in this Section, no change shall be made by any
public utility in any rate or other charge or classification, or in any
rule, regulation, practice or contract relating to or affecting any rate
or other charge, classification or service, or in any privilege or
facility, except after 45 days' notice to the Commission and to the
public as herein provided. Such notice shall be given by filing with
the Commission and keeping open for public inspection new schedules or
supplements stating plainly the change or changes to be made in the
schedule or schedules then in force, and the time when the change or
changes will go into effect, and by publication in a newspaper of
general circulation or such other notice to persons affected by such
change as may be prescribed by rule of the Commission. The Commission,
for good cause shown, may allow changes without requiring the 45 days'
notice herein provided for, by an order specifying the changes so to be
made and the time when they shall take effect and the manner in which
they shall be filed and published.
When any change is proposed in any rate or other charge, or
classification, or in any rule, regulation, practice, or contract
relating to or affecting any rate or other charge, classification or
service, or in any privilege or facility, such proposed change shall be
plainly indicated on the new schedule filed with the Commission, by some
character to be designated by the Commission, immediately preceding or
following the item.
When any public utility providing water or sewer service proposes any
change in any rate or other charge, or classification, or in any rule,
regulation, practice, or contract relating to or affecting any rate or
other charge, classification or service, or in any privilege or facility,
such utility shall, in addition to the other notice requirements of this
Act, provide notice of such change to all customers potentially affected by
including a notice and description of such change, and of Commission
procedures for intervention, in the first bill sent to each such customer
after the filing of the proposed change.
(b) Whenever there shall be filed with the Commission any schedule
stating an individual or joint rate or other charge, classification,
contract, practice, rule or regulation, the Commission shall have power,
and it is hereby given authority, either upon complaint or upon its own
initiative without complaint, at once, and if it so orders, without
answer or other formal pleadings by the interested public utility or
utilities, but upon reasonable notice, to enter upon a hearing
concerning the propriety of such rate or other charge, classification,
contract, practice, rule or regulation, and pending the hearing and
decision thereon, such rate or other charge, classification, contract,
practice, rule or regulation shall not go into effect. The period of
suspension of such rate or other charge, classification, contract,
practice, rule or regulation shall not extend more than 105 days beyond
the time when such rate or other charge, classification, contract,
practice, rule or regulation would otherwise go into effect unless the
Commission, in its discretion, extends the period of suspension for a
further period not exceeding 6 months.
All rates or other charges, classifications, contracts, practices, rules or
regulations not so suspended shall, on the expiration of 45 days from
the time of filing the same with the Commission, or of such lesser time
as the Commission may grant, go into effect and be the established and
effective rates or other charges, classifications, contracts, practices,
rules and regulations, subject to the power of the Commission, after a
hearing had on its own motion or upon complaint, as herein provided, to
alter or modify the same.
Within 30 days after such changes have been
authorized by the Commission, copies of the new or revised schedules
shall be posted or filed in accordance with the terms of Section 9‑103 of
this Act, in such a manner that all changes shall be plainly indicated.
(c) If the Commission enters upon a hearing concerning the propriety of
any proposed rate or other charge, classification, contract, practice, rule
or regulation, the Commission shall establish the rates or other charges,
classifications, contracts, practices, rules or regulations proposed, in
whole or in part, or others in lieu thereof, which it shall find to be just
and reasonable. In such hearing, the burden of proof to establish the justness
and reasonableness of the proposed rates or other charges, classifications,
contracts, practices, rules or regulations, in whole and in part, shall be
upon the utility. No rate or other charge, classification, contract,
practice, rule or regulation shall be found just and reasonable unless it
is consistent with Sections of this Article.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑201.5)
Sec. 9‑201.5.
Decommissioning nuclear power plants; rates.
(a) The Commission may after hearing, in a rate case or otherwise, authorize
the institution of rate provisions or tariffs that increase or decrease charges
to customers to reflect changes in, or additional or reduced costs of,
decommissioning nuclear power plants, including accruals for estimates of those
costs, irrespective of any changes in other costs or revenues; provided the
revenues collected under such rates or tariffs are used to recover costs
associated with contributions to appropriate decommissioning trust funds or to
reduce the amounts to be charged under such rates or tariffs in the future.
These provisions or tariffs shall hereinafter be referred to as
"decommissioning rates".
(b) A public utility that does not have a decommissioning rate in effect on
the effective date of this amendatory Act of 1994 may not place a
decommissioning rate in effect before January 1, 1995. Changes in charges under
a decommissioning rate shall not be subject to the notice and filing
requirements of subsection (a) of Section 9‑201 of this Act, but a
decommissioning rate of a utility that does not have such a rate in effect
before the effective date of this amendatory Act of 1994 shall provide that no
increase in charges under that rate may take effect until 60 days after the
utility provides the proposed increased charge to the Commission for review.
The Commission may require that a decommissioning rate contain provisions for
reconciling amounts collected under the rate with both reasonably projected
costs and actual costs prudently incurred. As used in this Section,
"decommissioning costs" and "decommissioning trust fund" have the same meaning
as in Section 8‑508.1 of this Act.
(c) Nothing contained in this amendatory Act of 1994 shall affect any
determination of the authority of the Commission before the effective date of
this amendatory Act of 1994. Nothing contained in this amendatory Act of 1994
shall be used in any determination of the authority of the Commission
after the effective date of this amendatory Act of 1994, except with respect to
decommissioning rates.
(d) A decommissioning rate authorized by the Commission under this Section
and the decommissioning cost studies underlying the rate shall be subject to
hearing and review, in a rate case or otherwise, not less than once every 6
years.
(Source: P.A. 90‑561, eff. 12‑16‑97.)
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(220 ILCS 5/9‑202) (from Ch. 111 2/3, par. 9‑202)
Sec. 9‑202.
(a) Whenever the Commission is of the opinion and so finds after
an examination of any report or reports, annual or otherwise, filed with
the Commission by any public utility, together with any other facts or
information which the Commission may acquire or receive from an
investigation of the books, records or papers or from an inspection of
the property of such public utility, that the net income of such public
utility after reasonable deductions for depreciation and other proper
and necessary reserves, is in excess of the amount required for a
reasonable return upon the value of said public utility's property used
and useful in rendering its service to the public, provided however that
in computing net income, deductions shall not be made for advertising expenses
as prohibited under Section 9‑225 of this Act, and if the Commission
is of the opinion and so finds in said cause that a hearing to determine
all of the issues involved in a final determination of rates or services
will require more than 105 days of elapsed time, the Commission shall
have the power in cases of such emergency and it is hereby given
authority to at once enter a temporary order, after notice to said
public utility, fixing a temporary schedule of rates, which order shall
be forthwith binding upon said public utility; provided, however, that
the Commission's power to order reductions in rates and charges of any
public utility by means of any such temporary order, is limited to
reductions which will absorb not more than the amount found by the
Commission to be in excess of the amount of income as determined by the
Commission necessary to provide a reasonable return on the value of the
property of said public utility as found by the Commission as aforesaid;
and provided, further, however, that no such temporary order shall
remain in force or effect for a longer period than 9 months from its
effective date, and a further period not to exceed 3 months in addition
if so ordered by the Commission; and provided, further, that if upon the
final disposition of the issues involved in such proceeding, the rates
or charges as finally determined by said Commission or the court having
jurisdiction of the subject matter are in excess of the rates and
charges prescribed in said temporary order, then and in such event such
public utility shall be permitted over such reasonable time as the
Commission shall fix, to amortize and recover by means of a temporary
increase over and above the rates and charges finally determined, such
sum as shall represent the difference between the gross income obtained
from the rates and charges prescribed in said temporary reduction order
and the gross income which would have obtained, during the period such
temporary reduction order was in effect, based upon the same volume,
from the rates and charges finally determined.
(b) If the Commission enters upon a hearing concerning the propriety of any
proposed rate or other charge, classification, contract, practice, rule or
regulation pursuant to Section 9‑201, and if the Commission is of the opinion
and so finds in said cause that a hearing to determine all of the issues
involved in a final determination of rates or services will require more
than 120 days of elapsed time, the Commission shall have the power to enter
a temporary order fixing a temporary schedule of rates after hearing, which
order shall be forthwith binding upon the
public utility. As soon as practicable after the effective date of this
amendatory Act of 1985, the Commission shall determine by rule the facts
and circumstances which must be established by the utility in order to
justify the grant of a temporary rate increase as provided herein. The
Commission shall determine any temporary rate increase according to
previously established standards until the time such rules become effective.
In any case in which the Commission grants interim relief, the Commission
shall, upon final disposition of the proposed permanent change in rates or
other charges, classification, contract, practice, rule or regulation, also
review the propriety of its prior award of interim relief
based upon the criteria used by the Commission in granting the interim
rate relief. If, upon such review, the Commission determines that such
interim rates or charges were in excess of the rates or charges which
should have been prescribed in its temporary order, the Commission shall
require the public utility to refund such sum as shall represent the difference
between the gross income obtained from the rates or charges prescribed in said
temporary increase order and the gross income which would have been
obtained during the period such temporary increase order was in effect
based upon the same volume, from the rates and charges which the Commission
upon final review determines were appropriate. Any refund shall include
interest calculated at a rate determined by the Commission and shall be
returned according to procedures prescribed by the Commission.
(Source: P.A. 84‑617; 84‑1118.)
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(220 ILCS 5/9‑210) (from Ch. 111 2/3, par. 9‑210)
Sec. 9‑210.
The Commission shall have power to ascertain the value of the
property of every public utility in this State and every fact which in its
judgment may or does have any bearing on such value. In all proceedings
before the Commission, initiated by the Commission upon its own motion, or
initiated by an application of such public utility, in which the value of
the property of any public utility or utilities is an issue, the burden of
establishing such value shall be upon such public utility or utilities. In
making such valuation the Commission may avail itself of any information,
books, documents, or records in the possession of any officer, department
or board of the State or any subdivision thereof. The Commission shall have
power to make revaluation from time to time and also to ascertain the value
of all new construction, extensions, and additions to the property of every
public utility.
For purposes of establishing the value of public utility property, when
determining rates or charges, or for any other reason, the Commission may
base its determination on the original cost of such property.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑211) (from Ch. 111 2/3, par. 9‑211)
Sec. 9‑211.
The Commission, in any determination of rates or charges,
shall include in a utility's rate base only the value of such investment
which is both prudently incurred and used and useful in providing service
to public utility customers.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑212) (from Ch. 111 2/3, par. 9‑212)
Sec. 9‑212.
No new electric utility generating plant or gas production
facility, or significant addition to existing facilities or plant, shall be
included in a utility's rate base unless and until the utility proves, and
the Commission determines, that such plant or facility is both prudent and
used and useful in providing utility service to the utility's customers.
For purposes of this Section, "prudent" means that
at the time of
certification, initiation of construction and each subsequent evaluation of
any construction project until the time of completion, based on the evidence
introduced in any hearings and all information which was known or should
have been known at the time, and relevant planning and certification
criteria, it was prudent and reasonable to conclude that the generating or
production facility would be used and useful in providing service to
customers at the time of completion. If the Commission has issued a
certificate of public convenience and necessity for the completed facility,
and to the extent that the Commission approves continued construction upon
reevaluation subsequent to certification, such actions shall constitute
prima facie evidence of the prudence of construction. If the
Commission
determines as a result of reevaluation during construction that the
facility should not be completed, such determination shall constitute prima
facie evidence that subsequent construction expenditures were imprudent.
A generation or production facility is used and useful only if, and only
to the extent that, it is necessary to meet customer demand or economically
beneficial in meeting such demand. No generation or production facility
shall be found used and useful until and unless it is capable of generation or
production at significant operating levels on a consistent and sustainable
basis. Any pollution control devices for the control of sulfur dioxide
emissions installed or used in accordance with, and up to the cost
specified in, an order or supplemental order of the Commission entered
pursuant to subsection (e) of Section 8‑402.1 shall be deemed prudent and
shall, upon being placed into operation on a consistent, sustainable basis
by the public utility, be deemed used and useful.
(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(220 ILCS 5/9‑213) (from Ch. 111 2/3, par. 9‑213)
Sec. 9‑213.
The cost of new electric utility generating plants and
significant additions to electric utility generating plants shall not be
included in the rate base of any utility unless such cost is reasonable.
Prior to including the cost of plants or additions to utility plants in the
rate base, the Commission shall conduct an audit of such costs in order to
ascertain whether the cost associated with the new generating plant or the
addition to electric utility generating plant is reasonable. However, the
Commission may, for good cause shown in individual cases, waive the
auditing requirement for any generating facility which meets all of the
following requirements:
(1) the facility is wholly owned and operated by a | ||
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(2) the facility is designed to generate less than | ||
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(3) the facility is located outside of the State of | ||
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If the Commission is unable to conduct such an audit, the Commission
shall arrange for it to be conducted by persons independent of the utility
and selected by the Commission. 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. Any such audits shall be
conducted in accordance with generally accepted auditing standards and
shall include but not be limited to costs associated with materials, labor,
equipment, professional services and other direct and indirect costs.
"Significant additions to the electric utility generating plant", as
used in this Section, shall not include a public utility's investment in
pollution control devices for the control of sulfur dioxide emissions.
Nothing in this Section is intended to affect the provisions of Section
9‑214 of this Act.
"Reasonable", as used in this Section, means that a utility's decisions,
construction, and supervision of construction, underlying the costs of new
electric utility generating plants and significant additions to electric
utility generating plants resulted in efficient, economical and timely
construction. In determining the reasonableness of plant costs, the
Commission shall consider the knowledge and circumstances prevailing at the
time of each relevant utility decision or action.
Nothing in this Section shall prevent or limit the Commission from either
entering into and conducting joint audits concerning such electric
generating plants with the regulatory authority of another state, or from
relying on audits conducted by the regulatory authority of another state in
lieu of an audit as required by this Section.
(Source: P.A. 87‑435.)
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(220 ILCS 5/9‑214) (from Ch. 111 2/3, par. 9‑214)
Sec. 9‑214.
(a) As used in this Section:
(1) "CWIP" means those assets which are recorded as | ||
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(2) "Rate base" means the original cost value of the | ||
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(3) "CWIP ratio" means the fraction, expressed as a | ||
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(4) "Existing CWIP" means the amount of CWIP | ||
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(b) In any determination under Section 9‑201, 9‑202 or 9‑250 of this Act
in a proceeding begun on or after December 1, 1983:
(1) For any public utility with a CWIP ratio on | ||
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(2) For any public utility with a CWIP ratio on | ||
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(c) The limitations set forth in paragraph (b) of this Section shall not
be interpreted as an expansion of the Commission's authority to include
CWIP in the rate base, but rather solely as a limitation thereon.
(d) The Commission shall not include an amount for CWIP in the rate base
for any public utility for the period after December 31, 1988.
(e) Notwithstanding the provisions of paragraphs (b) and (d) of this
Section the Commission may include in the rate base of a public utility an
amount for CWIP for a public utility's investment which is scheduled to be
placed in service within 12 months of the date of the rate determination.
For the purposes of this paragraph nuclear generating facilities shall
be considered to be in service upon the commencement of electric generation.
(f) Notwithstanding the provisions of paragraph (b) and (d), the
Commission may include in the rate base of a public utility an amount of
CWIP for a public utility's investment in pollution control devices for the
control of sulfur dioxide emissions and the purification of water and
sewage; provided, however, that upon application by a public utility
which is constructing one or more pollution control devices for the control
of sulfur dioxide emissions as part of a Clean Air Act compliance plan
approved by the Commission pursuant to subsection (e) of Section 8‑402.1,
the Commission shall include in such public utility's rate base an amount
of CWIP equal to its investment in such pollution control device or
devices, but not to exceed the estimated cost of such facilities specified
in the Commission's order or supplemental order pursuant to subsection (e)
of Section 8‑402.1. For purposes of this subsection (f), the public
utility's investment shall not include the amount of any state, federal or
other grants provided to the public utility to fund the design,
acquisition, construction, installation and testing of pollution control
devices for the control of sulfur dioxide emissions.
(g) Except for those amounts of CWIP described in paragraphs (e) and (f)
of this Section, the Commission shall consider, in any rate filing
subsequent to the coming on line of any new utility plant where CWIP funds
have been allowed in rate base, a rate moderation plan directed towards
allowing an appropriate return to ratepayers for previous amounts
attributable to CWIP funds.
The Commission shall conduct an investigation and study of the costs
and benefits to ratepayers of the inclusion of construction work in
progress in rate base. Such study shall include a full opportunity for
participation by the public through notice and hearings. If the
Commission determines that in certain circumstances the inclusion of CWIP
in rate base would be demonstrably beneficial to ratepayers, the
Commission shall report its findings with recommendations to the General
Assembly by December 31, 1988.
(Source: P.A. 87‑173.)
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(220 ILCS 5/9‑215) (from Ch. 111 2/3, par. 9‑215)
Sec. 9‑215.
The Commission shall have power to consider, on a case by
case basis, the status of a utility's capacity and to determine whether or
not such utility's capacity is in excess of that reasonably necessary to
provide adequate and reliable electric service. Excess capacity for
purposes of this Section shall mean capacity in excess of that reasonably
necessary to provide adequate and reliable electric service. Such
consideration shall be related to the utility's historic and projected peak.
The Commission is empowered to make appropriate and equitable adjustments
to rates for utility service upon a finding of excess capacity.
With respect to generating capacity existing or under construction on the
effective date of this amendatory Act of 1985, any such determination and
adjustment to rates, and any determination as to whether such capacity is used
and useful for any purpose under this Act, shall be limited to the
determination and adjustment, if any, appropriate under the law in effect
prior to such effective date.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑215.1) (from Ch. 111 2/3, par. 9‑215.1)
Sec. 9‑215.1.
Capacity purchased from a qualified local solid waste
energy facility shall not be included in the calculation of an electric
utility's electricity generating capacity for the purposes of this Act, and
shall not affect the determination of property that is used and useful for
purposes of this Act.
(Source: P.A. 85‑882.)
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(220 ILCS 5/9‑216) (from Ch. 111 2/3, par. 9‑216)
Sec. 9‑216.
The Commission shall establish, by
rulemaking, the policies and procedures which shall be
utilized in evaluating and deciding any requests for the recovery and
allocation of reasonable and prudent costs incurred in the construction of
generation or production facilities which have been cancelled. In
establishing such policies and procedures the Commission shall consider all
relevant factors, including, but not limited to, the prudence
and reasonableness of such costs, the reasons for cancellation, the
consistency of construction and cancellation with certification and
reevaluation criteria and proceedings, the need to provide proper
incentives for future construction and cancellation decisions, and the
balance of equities between ratepayers and shareholders.
(Source: 90‑655, eff. 7‑30‑98.)
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(220 ILCS 5/9‑217) (from Ch. 111 2/3, par. 9‑217)
Sec. 9‑217.
In each case or proceeding to determine the reasonableness
of rates for any electric utility which involves the proposed inclusion of
a significant new generation or production facility in rate base, the
Commission may consider the adoption of a rate moderation plan which is
designed to diminish the immediate rate impact of such proposed inclusion.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑220.1) (from Ch. 111 2/3, par. 9‑220.1)
Sec. 9‑220.1.
Environmental fees ‑ modification of rates and charges.
Any electric public utility may file a separate tariff designed to recover
the fees paid under subsection 18 of Section 39.5 of the
Environmental Protection Act as they are incurred, independent of any other
matters related to its revenue requirements. Annually, the Commission
shall initiate hearings to reconcile amounts collected under the tariff
with the amounts properly disbursed by the utility under subsection 18 of
Section 39.5 of the Environmental Protection Act.
(Source: P.A. 87‑1213.)
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(220 ILCS 5/9‑220.2)
Sec. 9‑220.2.
Water and sewer surcharges authorized.
(a) The Commission may authorize a water or sewer utility to file a
surcharge which adjusts rates and charges to provide for recovery of (i) the
cost of purchased water, (ii) the cost of purchased sewage treatment service,
(iii) other costs which fluctuate for reasons beyond the utility's control or
are difficult to predict, or (iv) costs associated with an investment in
qualifying infrastructure plant, independent of any other matters related to
the utility's revenue requirement. A surcharge approved under this Section can
operate on an historical or a prospective basis.
(b) For purposes of this Section, "costs associated with an investment in
qualifying infrastructure plant" include a return on the investment in and
depreciation expense related to plant items or facilities (including, but not
limited to, replacement mains, meters, services, and hydrants) which (i) are
not reflected in the rate base used to establish the utility's base rates and
(ii) are non‑revenue producing. For purposes
of this Section, a "non‑revenue producing facility" is one that is not
constructed or installed for the purpose of serving a new customer.
(c) On a periodic basis, the Commission shall initiate hearings to reconcile
amounts collected under each surcharge authorized pursuant to this Section with
the actual prudently incurred costs recoverable for each annual period during
which the surcharge was in effect.
(Source: P.A. 91‑638, eff. 1‑1‑00.)
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(220 ILCS 5/9‑221) (from Ch. 111 2/3, par. 9‑221)
Sec. 9‑221.
Whenever a municipality pursuant to Section 8‑11‑2 of the
Illinois Municipal Code, as heretofore and hereafter amended, imposes a
tax on any public utility, such utility may charge its customers, other
than customers who are certified business enterprises under paragraph (e)
of Section 8‑11‑2 of the Illinois Municipal Code or are exempted from those
taxes under paragraph (f) of that Section, to the
extent of such exemption and during the period in which such exemption is
in effect, in addition to any rate authorized by this Act, an additional
charge equal to the sum of (1) an amount equal to such municipal tax, or
any part thereof (2) 3% of such tax, or any part thereof, as the case may
be, to cover costs of accounting, and (3) an amount equal to the increase
in taxes and other payments to governmental bodies resulting from the
amount of such additional charge. Such utility shall file with the
Commission a true and correct copy of the municipal ordinance imposing such
tax; and also shall file with the Commission a supplemental schedule
applicable to such municipality which shall specify such additional charge
and which shall become effective upon filing without further notice. Such
additional charge shall be shown separately on the utility bill to each
customer. The Commission shall have power to investigate whether or not
such supplemental schedule correctly specifies such additional charge, but
shall have no power to suspend such supplemental schedule. If the
Commission finds, after a hearing, that such supplemental schedule does not
correctly specify such additional charge, it shall by order require a
refund to the appropriate customers of the excess, if any, with interest,
in such manner as it shall deem just and reasonable, and in and by such
order shall require the utility to file an amended supplemental schedule
corresponding to the finding and order of the Commission.
(Source: P.A. 87‑895; 88‑132.)
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(220 ILCS 5/9‑222) (from Ch. 111 2/3, par. 9‑222)
Sec. 9‑222.
Whenever a tax is imposed upon a public utility
engaged in the business of distributing, supplying,
furnishing, or selling gas for use or consumption pursuant to Section 2 of
the Gas Revenue Tax Act, or whenever a tax is
required to be collected by a delivering supplier pursuant to Section 2‑7 of
the Electricity Excise Tax Act, or whenever a tax is imposed upon a public
utility pursuant to Section
2‑202 of this Act, such utility may charge its customers, other than
customers who are high impact businesses under Section 5.5
of the Illinois Enterprise Zone Act, or certified business enterprises
under Section 9‑222.1 of this Act, to the extent of such exemption and
during the period in which such exemption is in effect,
in addition to any rate authorized by this Act, an additional
charge equal to the total amount of such taxes. The exemption of this
Section relating to high impact businesses shall be subject to the
provisions of subsections (a), (b), and (b‑5) of Section 5.5 of
the Illinois
Enterprise Zone Act. This requirement shall not
apply to taxes on invested capital imposed pursuant to the Messages Tax
Act, the Gas Revenue Tax Act and the Public Utilities Revenue Act.
Such utility shall file with the Commission
a supplemental schedule which shall specify such additional charge and
which shall become effective upon filing without further notice. Such
additional charge shall be shown separately on the utility bill to each
customer. The Commission shall have the power to investigate whether or
not such supplemental schedule correctly specifies such additional charge,
but shall have no power to suspend such supplemental schedule. If the
Commission finds, after a hearing, that such supplemental schedule does not
correctly specify such additional charge, it shall by order require a
refund to the appropriate customers of the excess, if any, with interest,
in such manner as it shall deem just and reasonable, and in and by such
order shall require the utility to file an amended supplemental schedule
corresponding to the finding and order of the Commission.
Except with respect to taxes imposed on invested capital,
such tax liabilities shall be recovered from customers solely by means of
the additional charges authorized by this Section.
(Source: P.A. 91‑914, eff. 7‑7‑00; 92‑12, eff. 7‑1‑01.)
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(2) it is either (i) located in an Enterprise Zone | ||
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(3) it is certified by the Department of Commerce | ||
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The Department of Commerce and Economic Opportunity shall determine the
period during which such exemption from the charges imposed under Section
9‑222 is in effect which shall
not exceed 30 years or the certified term of the enterprise zone,
whichever period is shorter.
The Department of Commerce and Economic Opportunity shall have the power to
promulgate rules and regulations to carry out the provisions of this
Section including procedures for complying with the requirements specified
in clauses (1) and (2) of this Section and procedures
for applying for the exemptions authorized under this Section; to
define the amounts and types of eligible investments which
business enterprises must make in order to receive State utility tax
exemptions pursuant to Sections 9‑222 and 9‑222.1 of this Act; to approve
such utility tax exemptions for business enterprises whose investments are
not yet placed in service; and to require that business enterprises granted
tax exemptions repay the exempted tax should the business enterprise fail
to comply with the terms and conditions of the certification. However, no
business enterprise shall be required, as a condition for certification
under clause (3) of this Section, to attest that its
decision to invest under clause (1) of this Section and
to locate under clause (2) of this Section is predicated
upon the availability of the exemptions authorized by this Section.
A business enterprise shall be exempt, in whole
or in part, from the pass‑on charges of municipal utility taxes imposed
under Section 9‑221, only if it meets the criteria
specified in clauses (1) through (3) of this Section and
the municipality has adopted an ordinance authorizing the
exemption under paragraph (e) of Section 8‑11‑2 of the Illinois Municipal
Code. Upon certification of the business enterprises by the
Department of Commerce and Economic Opportunity, the Department of Commerce
and Economic Opportunity shall notify the Department of Revenue of such
certification. The Department of Revenue shall notify the public utilities
of the exemption status of business enterprises from the pass‑on charges of
State and municipal utility taxes. Such exemption status shall be
effective within 3 months after certification of the business enterprise.
(Source: P.A. 94‑793, eff. 5‑19‑06.)
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(B) it meets the criteria of subdivision | ||
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(2) it is designated as a High Impact Business by | ||
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(3) it is certified by the Department of Commerce | ||
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The Department of Commerce and Economic Opportunity shall determine the period
during which the exemption from the Electricity Excise Tax Law and the
charges imposed under Section 9‑222 are in effect, which shall not exceed 20
years from the date of initial certification, and shall specify the percentage
of the exemption from those taxes or additional charges.
The Department of Commerce and Economic Opportunity is authorized to
promulgate rules and regulations to carry out the provisions of this Section,
including procedures for complying with the requirements specified in
clauses (1) and (2) of this Section and procedures for applying for the
exemptions authorized under this Section; to define the amounts and types of
eligible investments that business enterprises must make in order to receive
State utility tax exemptions or exemptions from the additional charges imposed
under Section 9‑222 and this Section; to
approve such utility tax exemptions for business enterprises whose investments
are not yet placed in service; and to require that business enterprises
granted tax exemptions or exemptions from additional charges under Section
9‑222 repay the exempted amount if the business enterprise fails
to comply with the terms and conditions of the certification.
Upon certification of the business enterprises by the Department of Commerce
and Economic Opportunity, the Department of Commerce and Economic Opportunity shall
notify the Department of Revenue of the certification. The Department of
Revenue shall notify the public utilities of the exemption status of business
enterprises from the tax or pass‑on charges of State utility taxes. The
exemption
status shall take effect within 3 months after certification of the
business enterprise.
(Source: P.A. 94‑793, eff. 5‑19‑06.)
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(220 ILCS 5/9‑222.2) (from Ch. 111 2/3, par. 9‑222.2)
Sec. 9‑222.2.
Additional Charge ‑ Recovery.
The additional charge
authorized by Section 9‑221 or Section 9‑222 shall be made (i) in the case
of a tax measured by gross receipts or gross revenue, by adding to the
customer's bill a uniform percentage to those amounts payable by the
customer for intrastate utility service which are includible in the measure
of such tax, except, however, such method is not required where practical
considerations justify a utility's or telecommunications carrier's use of
another just and reasonable method of recovering its entire liability for
such tax, and (ii) in the case of a tax measured by the number of therms or
kilowatt‑hours distributed, supplied, furnished, sold, transported or
transmitted, by adding to the customer's bill an amount equal to the number
of therms or kilowatt‑hours which are includible in the measure of such
tax, multiplied by the applicable tax rate. Without limiting the
generality of the foregoing, it shall not be deemed unjust and unreasonable
or a violation of Section 9‑241 for telecommunications carriers to recover
the expense of taxes imposed by any municipality pursuant to Section 8‑11‑2
of the Illinois Municipal Code on coin revenues generated by coin‑operated
telecommunications devices by including the expense of the tax within the
coin rates for intra‑state coin paid telecommunications services.
(Source: P.A. 87‑750.)
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(220 ILCS 5/9‑222.3) (from Ch. 111 2/3, par. 9‑222.3)
Sec. 9‑222.3.
Recovery of additional charges refunded to customers.
(a) If a telecommunications carrier is required to make a refund as a
result of an additional charge collected to recover the expense of taxes
imposed by any municipality pursuant to Section 8‑11‑2 of the Illinois
Municipal Code on revenues generated by coin‑operated telecommunications
devices, the telecommunications carrier shall be entitled to amortize the
total amount refunded over a reasonable period not to exceed 5 years and
shall be permitted to recover such refunded amount in full over the
amortization period by means of temporary supplemental rates approved by
the Illinois Commerce Commission applicable to that carrier's intrastate
utility services paid for by inserting coins in coin‑operated
telecommunications devices. The Commission shall monitor the amortization
of the expense and discontinue any temporary supplemental rate as to each
municipality immediately when the recovery of the expense is complete.
This provision shall be applicable only if all of the following conditions
are met:
(1) The refund is made pursuant to a final judgment | ||
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(2) The additional charges giving rise to the refund | ||
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(3) The additional charges giving rise to the refund | ||
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(b) This amendatory Act of 1991 shall be applicable to all refunds made
on or subsequent to June 1, 1991, including but not limited to refunds made
pursuant to judgments entered before the effective date of this amendatory
Act of 1991.
(Source: P.A. 87‑750.)
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(220 ILCS 5/9‑224) (from Ch. 111 2/3, par. 9‑224)
Sec. 9‑224.
The Commission shall not consider as an expense of any
public utility company, for the purpose of determining any rate or charge,
any amount expended for political activity or lobbying as defined in the
"Lobbyist Registration Act".
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑225) (from Ch. 111 2/3, par. 9‑225)
Sec. 9‑225.
(1) For the purposes of this Section:
(a) "Advertising" means the commercial use, by an electric or gas utility,
of any media, including newspapers, printed matter, radio and television,
in order to transmit a message to a substantial number of members of the
public or to such utility's consumers;
(b) "Political advertising" means any advertising for the purpose of
influencing public opinion with respect to legislative, administrative or
electoral matters, or with respect to any controversial issue of public importance;
(c) "Promotional advertising" means any advertising for the purpose of
encouraging any person to select or use the service or additional service
of a utility or the selection or installation of any appliance or equipment
designed to use such utility's service; and
(d) "Goodwill or institutional advertising" means any advertising either
on a local or national basis designed primarily to bring the utility's name
before the general public in such a way as to improve the image of the utility
or to promote controversial issues for the utility or the industry.
(2) In any general rate increase requested by any gas or electric utility
company under the provisions of this Act, the Commission shall not consider,
for the purpose of determining any rate, charge or classification of costs,
any direct or indirect expenditures for promotional, political, institutional
or goodwill advertising, unless the Commission finds the advertising to
be in the best interest of the Consumer or authorized as provided pursuant
to subsection 3 of this Section.
(3) The following categories of advertising shall be considered allowable
operating expenses for gas or electric utilities:
(a) Advertising which informs consumers how they can conserve energy or
can reduce peak demand for electric or gas energy;
(b) Advertising required by law or regulations, including advertising
required under Part I of Title II of the National Energy Conservation Policy Act;
(c) Advertising regarding service interruptions, safety measures
or emergency conditions;
(d) Advertising concerning employment opportunities with such utility;
(e) Advertising which promotes the use of energy efficient appliances,
equipment or services;
(f) Explanations of existing or proposed rate schedules or notifications
of hearings thereon;
(g) Advertising that identifies the location and operating hours of company
business offices;
(h) Advertising which promotes the shifting of demand from peak to off‑peak
hours or which encourages the off‑peak usage of the service; and
(i) "Other" categories of advertisements not includable in paragraphs
(a) through (h), but which are not political, promotional, institutional
or goodwill advertisements.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑226) (from Ch. 111 2/3, par. 9‑226)
Sec. 9‑226.
In any general rate increase proceeding in which Section 9‑225
of this Act applies, the following materials shall be made available to the Commission:
(a) Copies of all advertisements and scripts included in the operating
expense, listing the production costs for each ad, the publication schedule
and costs for each ad;
(b) Copies of all advertisements included in the operating expense purchased
on a cooperative basis with manufacturers, developers or others and the
company's cost for each ad; and
(c) All expenses incurred by the utility included in the operating expense
for ads or scripts produced by a trade association including all
monies paid to the association for advertising purposes, either in the form
of dues, assessments or subscriptions.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑227) (from Ch. 111 2/3, par. 9‑227)
Sec. 9‑227.
It shall be proper for the Commission to consider as an
operating expense, for the purpose of determining whether a rate or other
charge or classification is sufficient, donations made by a public utility
for the public welfare or for charitable scientific, religious or
educational purposes, provided that such donations are reasonable in amount.
In determining the reasonableness of such donations, the Commission may
not establish, by rule, a presumption that any particular portion of an
otherwise reasonable amount may not be considered as an operating expense.
The Commission shall be prohibited from disallowing by rule, as an
operating expense, any portion of a reasonable donation for public welfare
or charitable purposes.
(Source: P.A. 85‑122.)
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(220 ILCS 5/9‑230) (from Ch. 111 2/3, par. 9‑230)
Sec. 9‑230.
Rate of return; financial involvement with nonutility or
unregulated
companies. In determining a reasonable rate of return upon investment
for any public utility in any proceeding to establish rates or charges, the
Commission shall not include any (i) incremental risk, (ii)
increased cost of
capital, or (iii) after May 31, 2003, revenue or expense attributed to
telephone
directory operations, which is the direct or indirect result of the public
utility's
affiliation with unregulated or nonutility companies.
(Source: P.A. 92‑22, eff. 6‑30‑01.)
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(220 ILCS 5/9‑240) (from Ch. 111 2/3, par. 9‑240)
Sec. 9‑240.
Except as in this Act otherwise provided, no public utility
shall charge, demand, collect or receive a greater or less or different
compensation for any product, or commodity furnished or to be furnished, or
for any service rendered or to be rendered, than the rates or other charges
applicable to such product or commodity or service as specified in its
schedules on file and in effect at the time, except as provided in Section
9‑104, nor shall any such public utility refund or remit, directly or
indirectly, in any manner or by any device, any portion of the rates or
other charges so specified, nor extend to any corporation or person any
form of contract or agreement or any rule or regulation or any facility or
privilege except such as are regularly and uniformly extended to all
corporations and persons.
No law of the State shall be construed to prohibit a public utility from
furnishing its service, product or commodity to its employees, officers,
directors or pensioners, or its employees, officers, directors or
pensioners from receiving such service, product or commodity, free or at
rates or charges less than those specified in its filed schedules.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑241) (from Ch. 111 2/3, par. 9‑241)
Sec. 9‑241.
No public utility shall, as to rates or other charges,
services, facilities or in other respect, make or grant any preference
or advantage to any corporation or person or subject any corporation or
person to any prejudice or disadvantage. No public utility shall
establish or maintain any unreasonable difference as to rates or other
charges, services, facilities, or in any other respect, either as
between localities or as between classes of service.
However, nothing in this Section shall be construed as limiting the
authority of the Commission to permit the establishment of economic
development rates as incentives to economic development either in
enterprise zones as designated by the State of Illinois or in other areas
of a utility's service area. Such rates should be available to existing
businesses which demonstrate an increase to existing load as well as new
businesses which create new load for a utility so as to create a more balanced
utilization of generating capacity. The Commission shall ensure that such
rates are established at a level which provides a net benefit to customers
within a public utility's service area.
Prior to October 1, 1989, no public utility providing electrical
or gas service shall consider the use of solar or other nonconventional
renewable sources of energy by a customer as a basis for establishing higher
rates or charges for any service or commodity sold to such customer; nor
shall a public utility subject any customer utilizing such energy source
or sources to any other prejudice or disadvantage on account of such use.
No public utility shall without the consent of the Commission, charge or
receive any greater compensation in the aggregate for a lesser commodity,
product, or service than for a greater commodity, product or service of
like character.
The Commission, in order to expedite the determination of rate
questions, or to avoid unnecessary and unreasonable expense, or to avoid
unjust or unreasonable discrimination between classes of customers, or,
whenever in the judgment of the Commission public interest so requires,
may, for rate making and accounting purposes, or either of them,
consider
one or more municipalities either with or without the adjacent or
intervening rural territory as a regional unit where the same public
utility serves such region under substantially similar conditions, and may
within such region prescribe uniform rates for consumers or patrons of the same
class.
Any public utility, with the consent and approval of the Commission, may
as a basis for the determination of the charges made by it classify its
service according to the amount used, the time when used, the purpose for
which used, and other relevant factors.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(220 ILCS 5/9‑242) (from Ch. 111 2/3, par. 9‑242)
Sec. 9‑242.
The Commission shall study the costs and benefits of
implementing promotional rates for a public utility's
industrial and commercial customers when such rates are intended to
encourage increased consumption of gas or
electric service by such customers, to increase employment or
production by such customers, or to improve the likelihood that existing
customers will remain, or additional industrial or commercial customers
will locate, in Illinois. The Commission shall include in its study, in
particular, an analysis of (1) the extent to which existing industrial and
commercial customers change short‑term production or employment
levels in response to any change in prices for gas or electric service;
(2) the extent to which industrial and commercial customers base long‑term
location, production and employment decisions on the short‑term and
long‑term prices of gas or electric service; and (3) the extent to
which rates or charges paid by utility customers other than those directly
benefitting from promotional rates are affected by the utilization of such
rates by industrial and commercial customers. The Commission's study
shall be subject to hearing and comment, and the findings shall be reported to
the General Assembly together with any recommendations for legislative action.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑243) (from Ch. 111 2/3, par. 9‑243)
Sec. 9‑243.
No public utility, or any officer or agent thereof, or any person
acting for or employed by it, shall directly or indirectly, by any device
or means whatsoever, suffer or permit any corporation or person to obtain
any service, commodity, or product at less than the rate or other charge
then established and in force as shown by the schedules filed and in effect
at the time. No person or corporation shall, directly or indirectly, by any
device or means whatsoever, whether with or without the consent or
connivance of a public utility or any of its officers, or employees, seek
to obtain or obtain any service, commodity, or product at less than the rate
or other charge then established and in force therefor. If prior to June 30,
1913, any real estate or other tangible property shall have been sold or
transferred to any public utility or public service corporation, or, if
before that date, any obligation of any public utility or public service
corporation created in consideration of the transfer to it of any real
estate or other tangible property, shall have been released or cancelled,
upon consideration in whole or in part of an agreement by such public
utility or public service corporation expressed in writing to render any
service, or furnish any commodity or product in the future to the party or
parties making such conveyance or transfer or owning such obligation,
nothing in this Act contained shall be construed to in any way affect such
agreement or to prevent the performance or enforcement thereof according to
its terms, or to authorize the Commission to interfere with such
performance or enforcement.
(Source: P.A. 84‑617.)
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(220 ILCS 5/9‑244) (from Ch. 111 2/3, par. 9‑244)
Sec. 9‑244.
Alternative rate regulation.
(a) Notwithstanding any of the ratemaking provisions of
this Article IX or other Sections of this Act, or the
Commission's rules that are deemed to require rate of return
regulation, and except as provided in Article XVI, the
Commission, upon petition by an electric or gas public utility, and after
notice and hearing, may authorize for some or all of the
regulated services of that utility, the implementation of one
or more programs consisting of (i) alternatives to rate of
return regulation, including but not limited to earnings
sharing, rate moratoria, price caps or flexible rate options,
or (ii) other regulatory mechanisms that reward or penalize
the utility through the adjustment of rates based on utility
performance. In the case of other regulatory mechanisms that
reward or penalize utilities through the adjustment of rates
based on utility performance, the utility's performance shall
be compared to standards established in the Commission order
authorizing the implementation of other regulatory mechanisms.
The Commission is specifically authorized to approve in
response to such petitions different forms of alternatives to
rate of return regulation or other regulatory mechanisms to
fit the particular characteristics and requirements of
different utilities and their service territories.
(b) The Commission shall approve the program if it
finds, based on the record, that:
(1) the program is likely to result in rates lower | ||
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(2) the program is likely to result in other | ||
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(3) the utility is in compliance with applicable | ||
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(4) implementation of the program is not likely to | ||
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(5) implementation of the program is not likely to | ||
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(6) the electric utility is in compliance with its | ||
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(7) the program includes annual reporting | ||
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(8) the program includes provisions for an equitable | ||
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The Commission shall issue its order approving or denying the
program no later than 270 days from the date of filing of the
petition. Any program approved under this Section shall
continue in effect until revised, modified or terminated by
order of the Commission as provided in this Section. If the
Commission cannot make the above findings, it shall
specifically identify in its order the reason or reasons why
the proposed program does not meet the above criteria, and
shall identify any modifications supported in the record, if
any, that would cause the program to satisfy the above
criteria. In the event the order identifies any such
modifications it shall not become a final order subject to
petitions for rehearing until 15 days after service of same by
the Commission. The utility shall have 14 days following the
date of service of the order to notify the Commission in
writing whether it will accept any modifications so identified
in the order or whether it has elected not to proceed with the
program. If the utility notifies the Commission that it will
accept such modifications, the Commission shall issue an
amended order, without further hearing, within 14 days
following such notification, approving the program as modified
and such order shall be considered to be a final order of the
Commission subject to petitions for rehearing and appellate
procedures.
(c) The Commission shall open a proceeding to review any
program approved under subsection (b) 2 years after the
program is first implemented to determine whether the program
is meeting its objectives, and may make such revisions, no
later than 270 days after the proceeding is opened, as are
necessary to result in the program meeting its objectives. A
utility may elect to discontinue any program so revised. The
Commission shall not otherwise direct a utility to revise,
modify or cancel a program during its term of operation,
except as found necessary, after notice and hearing, to ensure
system reliability.
(d) Upon its own motion or complaint, the Commission may
investigate whether the utility is implementing an approved
program in accordance with the Commission order approving the
program. If the Commission finds after notice and hearing,
that the utility is not implementing the program in accordance
with such order, the Commission shall order the utility to
comply with the terms of the order. Complaints relating to
the program filed under Section 9‑250 of this Act, alleging
that the program does not comply with that Section or the
requirements of subsection (b) shall not be filed sooner than
one year after the review provided for in subsection (c). The
complainant shall bear the burden of proving the allegations
in the complaint.
(e) The Commission shall not be authorized to allow or
order an electric utility to place a program into effect,
pursuant to this Section, applicable to delivery services
provided by a utility, unless the utility already has in
effect a delivery services tariff conforming to the
requirements of Section 16‑108 of this Act.
(f) The Commission may, upon subsequent petition by the
utility, after notice and hearing, authorize the extension of
a program that was previously approved pursuant to this
Section or approve revisions or modifications of such a
program to be effective, after the initially approved program
has been in effect. Any such petition seeking an extension,
revision, or modification of such a program must be
accompanied by an evaluation of the program addressing the
criteria set forth in subsection (b) hereof. The utility's
petition may, but is not required to, specify a termination
date for the extended, revised or modified program. The
Commission may require a review of the extended, revised, or
modified program at such intervals as may be ordered by the
Commission, for the purpose of determining whether the program
should be revised, modified, or terminated.
(Source: P.A. 89‑194, eff. 1‑1‑96; 90‑561, eff. 12‑16‑97.)
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(220 ILCS 5/9‑245)
Sec. 9‑245.
Rates; environmental fines and remediation.
In determining
the rates for a public utility engaged in providing natural gas service,
the Commission may not include any expenditure for fines or remediation and
related activities incurred as a result of mercury spills associated with gas
pressure regulators, manometers, or any other devices containing mercury in
the utility's system. Any related insurance or third party recoveries must
also be excluded for ratemaking purposes.
(Source: P.A. 92‑71, eff. 7‑12‑01.)
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(220 ILCS 5/9‑250) (from Ch. 111 2/3, par. 9‑250)
Sec. 9‑250.
Whenever the Commission, after a hearing had upon its own motion
or upon complaint, shall find that the rates or other charges, or
classifications, or any of them, demanded, observed, charged or collected
by any public utility for any service or product or commodity, or in
connection therewith, or that the rules, regulations, contracts, or
practices or any of them, affecting such rates or other charges, or
classifications, or any of them, are unjust, unreasonable, discriminatory
or preferential, or in any way in violation of any provisions of law, or
that such rates or other charges or classifications are insufficient, the
Commission shall determine the just, reasonable or sufficient rates or
other charges, classifications, rules, regulations, contracts or practices
to be thereafter observed and in force, and shall fix the same by order as
hereinafter provided.
The Commission shall have power, upon a hearing, had upon its own motion
or upon complaint, to investigate a single rate or other charge,
classification, rule, regulation, contract or practice, or any number
thereof, or the entire schedule or schedules of rates or other charges,
classifications, rules, regulations, contracts and practices, or any
thereof of any public utility, and to establish new rates or other charges,
classifications, rules, regulations, contracts or practices or schedule or
schedules, in lieu thereof.
(Source: P.A. 84‑617; 84‑1025.)
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(220 ILCS 5/9‑251) (from Ch. 111 2/3, par. 9‑251)
Sec. 9‑251.
The Commission shall have the power to investigate all existing or
proposed interstate rates or other charges, and classifications, and all
rules and practices in relation thereto, of any public utility, where any
act in relation thereto shall take place within this State; and when the
same are, in the opinion of the Commission, excessive or discriminatory or
in violation of any
Act of Congress, the Commission may apply by petition or
otherwise to any court of
competent jurisdiction for relief.
The Commission shall also have the power, after a hearing had upon its
own motion or upon complaint, to order any public utilities to establish
and fix reasonable and sufficient joint rates or other charges or
classifications. In case such public utilities do not agree upon the
division between them of such joint rates or other charges the Commission
shall, after hearing, establish such division by supplemental order.
(Source: P.A. 84‑617; 84‑1025.)
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(220 ILCS 5/9‑252) (from Ch. 111 2/3, par. 9‑252)
Sec. 9‑252.
When complaint is made to the Commission concerning
any rate or other charge of any public utility and the Commission finds,
after a hearing, that the public utility has charged an excessive
or unjustly discriminatory amount for its product, commodity or service,
the Commission may order that the public utility make due reparation to
the complainant therefor, with interest at the legal rate from the date
of payment of such excessive or unjustly discriminatory amount.
If the public utility does not comply with an order of the Commission
for the payment of money within the time fixed in such order, the
complainant, or any person for whose benefit such order was made, may
file in a circuit court of competent jurisdiction a complaint setting forth
briefly the causes for which the person claims damages and the order of the
Commission in the premises. Such action shall proceed in all respects like
other civil actions for damages, except that on the trial of such action the
order of the Commission shall be prima facie evidence of the facts
therein stated. If the plaintiff shall finally prevail, he or she shall be
allowed a reasonable attorney's fee to be taxed and collected as a part
of the costs of the action.
All complaints for the recovery of damages shall be filed with the
Commission within 2 years from the time the produce, commodity or
service as to which complaint is made was furnished or performed, and a
petition for the enforcement of an order of the Commission for the
payment of money shall be filed in the proper court within one year from
the date of the order, except that if an appeal is taken from the order
of the Commission, the time from the taking of the appeal until its
final adjudication shall be excluded in computing the one year allowed
for filing the complaint to enforce such order.
The remedy provided in this section shall be cumulative, and in
addition to any other remedy or remedies in this Act provided in case of
failure of a public utility to obey a rule, regulation, order or
decision of the Commission.
(Source: P.A. 88‑323.)
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(220 ILCS 5/9‑252.1)
Sec. 9‑252.1.
When a customer pays a bill as submitted by a public utility
and the billing is later found to be incorrect due to an error either in
charging more than the published rate or in measuring the quantity or volume of
service provided, the utility shall refund the overcharge with interest from
the date of overpayment at the legal rate or at a rate prescribed by rule of
the Commission. Refunds and interest for such overcharges may be paid by the
utility without the need for a hearing and order of the Commission. Any
complaint relating to an incorrect billing must be filed with the
Commission no more than 2 years after the date the customer first has knowledge
of the incorrect billing.
(Source: P.A. 88‑323.)
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(220 ILCS 5/9‑253)
Sec. 9‑253.
Refunds.
(a) If the Commission or a court
determines that a public utility has overcharged its customers
and orders that a refund be made to customers of the utility, a
portion of the refund shall be set aside
during the refund period
or for 120 days after the refund is ordered, whichever is longer,
and shall be used to pay
refunds to customers who were overcharged and are no longer
customers of the utility. The Commission shall determine the
amount to be set aside for refunds to former customers. The
Commission shall periodically review the appropriateness of the
amount of funds set aside for purposes of compensating former
customers and make adjustments as needed.
(b) The utility ordered to make the refund shall notify the
public in the form designated by the Commission. In determining
the form of the notice, the Commission shall take into account
the effectiveness of the format in reaching former customers as
well as the administrative costs of notifying past customers.
(c) A portion of the funds set aside for refunds to former
customers may be used to cover administrative costs of the
refund. The Commission shall determine the reasonableness of
such administrative costs and shall establish a formula for
determining how much of the funds may be used for administrative
costs.
(d) Only a former customer who was a customer of the utility during the
period of the overcharges and who files a claim with the utility during the
refund period or within 120 days after the refund is ordered, whichever is
longer,
and proves that he was a customer of the utility during the period of
overcharges shall be entitled to a refund under this Section. A claim for a
refund shall be in writing on a form provided by the utility. For purposes of
this Section,
"prove" means providing a copy of a past bill for utility services
which shows that the claimant was a customer of record of the utility during
the period of overcharges. The claimant shall not be obligated to provide a
past bill if there is less than 24 months between the date of the refund and
the period of the service to which the refund applies.
(e) If a former customer claims a refund and owes a past due
amount to the utility, the refund amount shall be reduced by the
amount the customer owes the utility and that past due amount
shall be returned to the utility.
(f) Interest shall accrue on the funds set aside until all moneys
have been paid out to customers.
(g) At the end of the refund period or 120 days after the refund is
ordered, whichever is longer, any balance remaining after all legitimate
claims for
refunds have been paid shall be refunded to current customers of
the utility as a credit on their bills.
(h) The Commission shall determine the formula on how amounts for refunds
to former customers shall be calculated.
(i) This Section does not apply to refunds which were ordered
prior to the effective date of this amendatory Act of 1994.
(j) This Section does not apply to refunds ordered in reconciliation
proceedings pursuant to Section 9‑220 of the Public Utilities Act.
(Source: P.A. 88‑639, eff. 9‑9‑94.)
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